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HomeMy WebLinkAboutResolution-1993-1373 RESOLUTION NO. 1373 series of 1993 TITLE: RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMEN~ BETWEEN THE CITY OF WHEAT RIDGE AND THE WHEAT RIDGE FIRE PROTECTION DISTRICT, FOR RADIO COMMUNICATIONS AND FIRE DISPATCHING SERVICES WHEREAS, section 14.2 of the Home Rule Charter of Wheat Ridge provides express authority to enter into intergovernmental agreements providing for cooperative efforts between governments; and WHEREAS, the City of Wheat Ridge and the Wheat Ridge Fire Protection District wish to jointly improve the efficiency of the emergency communications center; and WHEREAS, in the spirit of cooperation, the City of Wheat Ridge is able to supply fire dispatching services for the Wheat Ridge Fire Protection District; and WHEREAS, the participants agree to develop mutually agreeable procedures for the provision of dispatching services to the Wheat Ridge Fire Protection District; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: 1. That certain Intergovernmental Agreement between the City of Wheat Ridge and the Wheat Ridge Fire Protection District, for Radio Communications and Fire Dispatching Services, attached hereto, is hereby approved. 2. The Mayor and City Clerk are authorized to execute said Intergovernmental Agreement. DONE AND RESOLVED this 22nd day of November, 1993. r /' .c'-./c'--''_Lf- \.., A....( ,L-<-../ Dan Wilde, Mayor ATTEST: \ i ,)/{ i I J., Wanda Sang, I -__jt', { City Cler I~QL,tQ~LElRJ.iJiMI~ 15 (alli~.'Y~Q.M M!LNJ cA.TLQl':~ts.. U!H9-IT ::-'lfIU,: II:' Inu:pUnlllhe WhLal RIJgl' P )11'-" I )q)arlment lid,) plO\lded emergene:y dlspatclung ",'rvlCc'~ t., the' Wllt'at RIdge hre Department on a Imllted baSIS Sel:l1on 2.30 (15), n.yties ~,f(]m:f ofPoL~1<,,_m !hl WIll:;!! l{H.lgt: (\...1(' uf Ll\\~ :.;t a tc:.; that a fundI.",) "ftlle p..ltcc ('hid IS ProvIding. central dispatching services for lire dIstrict and police vehicles I hIS prc)V1SIC ,n d' the muniCIpal Lode has been accomplJshed ,)fI ..Ie .1Otmual baSIS fell' many y('ar~ 'Vith the advent \,f E911 and the tn:.;tallatlon of a pnmary Fll I answermg pOJn! 3\ tbe \Vhe31 Rld~c' PplJi.T ( oITlD11IIIlCaUOn, ( enter all emert'.cncy calls emanatlOg lrom I \Vh.:at Ridge adJre:,~ :UT lIJIll,:lh received hy \Vheat Rld~'e Pollee (ommunlCltInns Thl' (ll~ ha.' lhrn. fire dlSlrlCl~ operating wnhm Its boundary (htlrm"nl/'W heCl t Ridge,' An ada I Ti,lS I'an .l!h.i doc'S kad !l' ,. 'me '.' 'ntl!slt '1'1 ,It ttlne~ wlwn ulspatchmg emerg,T" ) rails OCL tlfnng- 'll,)og the var\l)usJunsU1Ctlon;l! boundaries The maJority offire ca \Is dispatched arc to \Vhcat l<.tdge I if": ClUJ Anada 1'lfC i\nada FliT has 1helr I)wn cunlmunlLatllln~ ,:enter vducl-. serves thnr ITsplmdlOg fin' l1nl1s \Vhcat Ridge !\,llt:e CnnllilUlHCalll>ns take" the I OIl cali records th, .....f"....-.......t"~..\ ..",i "'-"1'-' ~.'" ..1'''1)'''' t.) f\.~'''..i.1 [",.Co l\..-r-.nt"h LU1\'llll-:.llH1l d,Ll\'! 1-'''' ,....~"I"-.., It ,11\1 t 1\ F\..I. \<.1\.10..1 Hit.. l-'L)l-'(t~"-l '\v heat RIdge I' llT. tln t hI'" ,thcrhand. d, .es th'l ha, c 'cpa rate dISPel t.Jllilg capa blhtlCS at tillS lime I Ire derartmtnt rer~tlnnel an' "t"I1l'd"ltl1" 1<, \Vbcat RIJ,y(' Police ( UIl1Jl1Unlcatluns I 1',:1 1 ',\[H"n il.rt. (alt..... ..IIi' rVCCI\...,U rhe \VhL:'-!l Ridge Fire Pr,'kLlluD DI\trtLl Jus l)PI [><1Id ru, thl d!Spalll)Jn5~ \cr\IU'S Itut the'V haVl' feceived Inr th" rast tv,cnt, Veal'S Th,'~, have. ho\\,'vcr p;l!d for al! I,t thur L:qlllf'lllcnt .tnd HE!!nrCnan(,\_' tIP fad! ; Ct{Uirn!.\~n_l dUfl1lg this p{.r!t~d Ill' l!nt;~. Cu r r,en t! El!!miC, C'Fl-'i i<J.fE~t L() n s }'I)1(T"("O"" l:"IiiIl1UIU,'ali')n~ 'iY~lcnl' :.lrc, urn'nth lilhkr-','''lI1g IlTJJ1l'nlh,w. IIchr](,J')"ll"<lI c ha n.>!."" I hoc , l1'IlI~'<':-' bLtlan a b" lit II", \. ars ,I~,' , \\ lit. ilk a \.l) 1.1 btllt \ '>! ~;( \0 1'1111/ ft let lKIlC le~ r', k.1Sl J I, j' tk' : ( (. \..1 j ''';lIll "I tin.; frl:q UtlKY _! '- all.l bIll t~. it, "lllta bib ty 1" e n ~t'r1'-("ncy liSt' cwd Dllllll'r"lh leI hn"t.')!!l tll'iUll"'" In"n\ shared radio user groups h.l\',' bel'll ,'n.:Hl'd .\!H()n~; enltt)::,t_L1;<\. ;'\'~p\\!~..,;_ ~'PUlk., , ! hl'~\' In.hIlOlp"llal a(h'~IfKt'S and fUi1"II<'[!i!! (jptll)f]~ (Pl11e:lt a ~,'u"d time f<lr Ihe ('!tv pi \Vheat Rld~t' Illc "'liiIJliLllll":all<lll~ '~qlllpJllellL LlIllemlv 111 lI~'- by the Vd'L,t[ i~ IJ~'l' !lullu' D, f"1.lnnt:'tH ll'<.(ulrc:-, lcplaecrncnt In Ih" vn\' lll'a1' ft'llllT lh,' IlllL,nundt; I'al'! ' l 1-,;" 111e' '" many ,'p!lUlb ('r chule.es. IS thai It l'ltmpltcales PlIr deCISIons IlK agl!1;i t ,'mnllln!',alIun~ '>pllpmcnl '\lit ha\l' 1<) he L<lmpkldv repl..JL'eJ \dllCh vvlll he eXpl'Il~l\C, 'l'~';HJlc~~ ,;f dlil:il <'ptlc,n 1-; fmally -,<'!c'I'ted [n addltI('li 10 the eqUIpment purdwses that \\'111 hl l1l.r:("S~H), tlIC[t' will be ll'lpIlrt'l11\'I1IS l<llxpand the CI'lllmllnICalI()n~ I'enter hnlll)' and lcphcc the ,'Ornpl1ll. r ,llekd dlspatlh ~"y',k'm ,( AD) T ,)Ial ,:,}~,ls f<ll alllTloddicatlOn~ exceed ~;I IlllHlltn ,\H oplwns arc hcmg ex!,l,>red wllh an emphasIs un lhe shared SystUH coneeplS 1 ilese shared syqems d, l ncot necessaniy llle3n that "ur UlSts Iv III be' reduced [n SUn}; e3~es the shared "YSlnllS a!'l llW!'l'l'xpenS1Vt' (hhen'. 1St Ihey aisu ,)tTn the must llf' lu--dal< !cchlf )IOr-H'>; and '-lfVIl-CS I he \Vlwat k Idge P"lllT J )crart ment and the Wheat RIdge Fire Protel'll<'o DISlnct tlave upence] dl:l!uguc 1I1.V'ln tI) c'~pll'nng radiO L o mill utllcatwns uppurt unJllc~ for the fUlure [t was thruu,gl', tl'lS proc('s,; that the Ilr/\ was dneh)j.wd rhe .ldvantages to the 1<.,A frum Ihe' lilT f)('P~lJ Iment S l'er~pccllVC IS te. ll11rease lht' lev d e.1 l'<HnmunlC:J l.IOOS StTVICCS ITCt'l \ cd T h,' ( 'It\ h:ndirs from the adcht/<)n ,)LI much needed dlSpatchn 1'<)S1I1<.n at little or nl' c"sl tu the C'1t\' Lverydfort "tit be !ll.IJ,. ,lVcrtlh' next fc\\ I1wIlths to pnw!ck the ('il:, <. (Juncal "'IB the mosl re::Jsonabk and u:chnoluglcally correct t'lllt'lgcnCy radt" CornnHItllcathH1S rIan fur tbf' iUtl1lC \VI' led Ih:it a partnl'l',;jup Wllh Wheat f{ lei"e Fire at thiS pOint. 1, ad\antil;il'Ol1S 10 huth <;..~ntnH:S W~EfH RIDGE flRf PROIfCllOn OISiRICi P.O. Box 507 3880 Upham Street Wheat Ridge, Colorado 80034 (303) 424-7323 RESOLUTION 93-08 TITLE: A Resolution Adopting And Fire Protection District's Board Intergovernmental Agreement With the Authorizing The Wheat Ridge Of Directors To Sign An City of Wheat Ridge. Whereas, The Board of Directors of the Wheat Ridge Fire Protection District has review the recommendation of the District Manager and Fire Chief to participate in contracting with the City of Wheat Ridge for radio communications and fire dispatching services, and; Whereas, The Wheat Ridge Fire Protection District is authorized pursuant to Colorado statutory and constitutional law to enter into such agreements, and; Whereas, The Board of Directors are desirous of having Intergovernmental Agreements that are operational and functional and in the spirit of mutual cooperation with other Governmental Units in providing effective emergency services to the community at large; Now therefore be it resolved by the Wheat Ridge Fire Protection District that: 1. The Board of Directors hereby finds, determines, and declares that this resolution is promulgated under the authority of the Wheat Ridge Fire Protection District, Jefferson County, State of Colo':''Oso. 2. That it is promulgated for the health, safety, and welfare of the public and this resolution is necessary for the preservation of health and safety for the protection of public convenience and welfare. 3. That the Board President is hereby authorized and directed to sign on behalf of the District all necessary documents. Adopted, at the regular meeting of the Board of Directors of the Wheat Ridge Fire Protection District this the 27th day of October, 1993, and effective this date. cffQ~ of the Board ~ Board Date: October 27, 1993 INTERGOVERNMENTAL AGREEMENT TITLE: AN INTERGOVERNMENTAL BETWEEN THE CITY OF WHEAT RIDGE AND THE WHEAT RIDGE FIRE PROTECTION DISTRICT, FOR RADIO COMMUNICATIONS AND FIRE DISPATCHING SERVICES. THIS AGREEMENT, is made by and between the City of Wheat Ridge, a Municipal Corporation, and the Wheat Ridge Fire Protection District, a Special District, herein after referred to as "PARTICIPANTS", whose authorized representatives have executed this agreement. \ WHEREAS, the City of Wheat Ridge is a home rule Municipal Corporation organized and operating pursuant to Article XX of the Colorado Constitution and hereunder provides certain emergency services, i.e. police protection to their citizens; and the Wheat Ridge Fire Protection District is a fire protection district providing fire protection services to their citizens and as defined by C.R.S., Section 32-2-103 and operating pursuant to C.R.S., Section 32-1-1002; and WHEREAS, the City of Wheat Ridge is able to supply fire dispatching services for the Wheat Ridge Fire Protection District; and WHEREAS, the Wheat Ridge Fire Protection District has a need to have fire dispatching services made available on a twenty four (24) hour per day, seven (7) day a week basis; and WHEREAS, governmental entities are authorized by the Colorado Consti~ution, Ar~icle XIV, Section 18 and the Colorado Revised Statues, Section 29-1-201 et seq. to enter into cooperative agreements to provide each other any function service or facility lawfully authorized to each of them; and WHEREAS, the governing bodies of the PARTICIPANTS foster cooperative ventures between the PARTICIPANTS whenever feasible to better serve their respective constituencies who expect cost effective and reliable emergency services. NOW THEREFORE, be it resolved by the governing bodies of each PARTICIPANT that: 1. The City of Wheat Ridge agrees to provide dispatching services to the Fire Protection District on a twenty four (24) hour a day basis, seven (7) day week. 2. The participates agree to develop mutually agreeable procedures for the provision of dispatching services to the Wheat Ridge Fire Protection District. 3. In retUrn for these services, the -rteat Ridge Fire Protection District agrees to pay the City of Wheat Ridge in advance a sum of money to be determined on a annual basis prior to September 1 of each calendar year. Herein referred to as exhibit A, payment for services rendered shall be in equal amounts billed by the City to the District on a quarterly basis for the term of this agreement. 4. The duration of this agreement shall continue from this date forward until such time as either PARTICIPANT chooses to terminate said agreement. In that event the PARTICIPANT shall serve written notice to the other stating it's desire the terminate the agreement and such notice shall be given at least ninety (90) day prior to termination of services rendered. In the event the Wheat Ridge Fire District does not appropriate sufficient funds or does not have sufficient funds available they shall not deemed in breach of this contract, but such failure to meet this obligation shall only give rise to termination as provided herein. Further, if any Court of competent jurisdiction determines that this agreement violates the multi-year contract restrictions in Article X, Section 20, of the Colorado Constitution, then the participants agree that this agreement shall immediately convert to a one year agreement, with annual renewal provisions, subject to the failure by Wheat Ridge Fire Protection District to appropriate funds annually. 5. For any controversy or claim arising of or relating to this agreement, or a breach thereof, which cannot be resolved by mutual agreement, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and any judgement upon the award rendered by the arbitration shall be entered into any court having jurisdiction. 6. The PARTICIPANTS hereto agree that individual FCC licenses for radio frequencies currently used in their individual operation will remain under the authority of the license holder as long as the PARTICIPANT holds said valid license. IN WITNESS WHEREOF, the PARTICIPANTS hereto enter into this INTERGOVERNMENTAL AGREEMENT providing for cooperation in the provision of Emergency Services. Each person executing this AGREEMENT represents and warrants that he or she has been duly authorized under applicable law to enter into this AGREEMENT on behalf of the party represented by him or her. PARTICIPANT: CITY OF WHEAT RIDGE 7500 West 29th Ave. Wheat Ridge, Colorado DATE: 80033 By: ~'~:L,~.LJd(L,-- Attest: TITLE: MAYOR PARTICIPANT: WHEAT RIDGE FIRE PROTECTION DISTRICT 3880 Upham St. Wheat Ridge, Colorado 80033 DATE: By' :;d~O~ TITLE: BOARD PRESIDENT Attest: k' . '\j \j l~ / , i\ '\ ~ ..yj;", At. vier City Clerk .' \ \ . -.J