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HomeMy WebLinkAbout1993 Ordinance No. 027•• • • • • • ORDINANCE No:i!}_ SERIE.S OF 19'13 BY AUTHORITY COUNCIL BILL NO . 32 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE APPROVING AN AGREEMENT FOR A COMBINED FIRE COMMUNICATIONS CENTER BETWEEN THE CASTLEWOOD FIRE PROTECTION DI STRICT, PARKER FIRE PROTECTION DISTRICT, CUNNINGHAM FIRE PROTECTION DISTRICT, THE CITY OF LITTLETON, COLORADO AND THE CITY OF ENGLEWOOD , COLORADO BY AND THROUGH THE ENGLEWOOD ENGLEWOOD SAFETY SERVICES DEPARTME NT • FIRE DIVISION. WHEREAS, Littleton, CuUewoocl, Parker, and Cunningham have previoUJly entered into an agreeiuent to operate a combined fire communications ce, :t4T a,jd Enelewood wishes to join such •ITffment; and WHEREAS. investigations by the respective Partied IA> the Agreement have developed data which Teveal that the com bined fire communications center would serve as a more effective method of communicatin1 report.a of fire• and other emergencies in the area.a encompassed by Littleton , Cutlewood, Parker, Cunningham, Englewood and the other entities that each might serve : and WHEREAS, Littleton, Castlewood, Parker and Cunningham currently have interests join tl y ii' the combined fire communication, center and desire to further increase the efficient and cost-effective provision of fire and paramedic dispatch services to their citizens ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EKGLEWOOD , COLORADO , AS FOLLOWS : Jil:wlm..l.. The Agreement for a Combined Fire Communications Center between Castlewood Fire Protection District, P arker Fire Protection District, Cunningham Fire Protection District, the City of Littleton and the City of Englewood, Safety Services Department -Pirc Divi sion is hereby accepted and approved by the Englewood City Council. The Mayor is authorized to execute and the City Clerk to attest and seal th Agreement for and on behalf of the City of Englewood, Colorado. w1.iJm...2.. The Agreement for a Combined Fire Communications Center generally contains u fo11ows: A . To operate a combined fire communications center to be known u the South Metro Area Emergency Communica tions Center which is located in the exist ing communicati ns fac ility at the Littleton Center 2255 West Berry Avenue, Littl eton, Colorado 80165 . "· Littleton shall be r esponsible for and shall provide for !.he management and administration of the Center. This management &hall include the responsibility o f providing dis patchers for the Center. Littleton will be sol.I~ responsible for all day-to-day upects of the Center including but not limited to admini,tration and personne l ma 5\a gement . C . Operating procedures and protocols for the dispat<h function of the Center will be established by or purs uan t to th e direction of the Fire Chiefs of eac h of th , Parties -1 - huew. In order w eltablish ouch procedures and protocols, t.ae l"ire Chiefs of the parties shall 1neet as ofun as nece11a,y l<J update and revis,, sa.id procedures and protocols. In no event shall procedures or protocols be esl,abl!ahed or implemented in any way thnt conflicts with Jlis agreement, the Littleton City Cl-..arter, the Constitution of the State of Colorado, or any proviaion of Colorado :~••· goveming the activities of any of the parties herew. D . Castlewood, Parker, Cunninrham, and Enclewood shall pay to Littleton their respective share of the budget costs in accordance witl, the provi1ion1 set forth hereafter. E . Th e annual budget for the Center (aa part of the budpt for tho LittJ,,ton l'ire Department) shall be initially prepared pursuant l<J the direction 11nd w,der the authority of the Littlewn City Manager. The City Manager, on or lll'foro the 15th dny of September in the year precedinc the budget year shall aubmit a -'l'Y of the proposed budget to the Littleton City Council (the "City Council") and to Castlewood, Parker, Cn nningham, and Englewood (the proposed budget for calendar year 1993 is at tached w the Agre,,ment as Addendum "A"). Subsequent to said submittal and prior w th e adoptio11 of a budget for the Center by the City Council (as part of the Littlet on budget), th e City Council , Castlewood, Parker, Cunningham, and Engl ewood shall re vi ew said budget and may make recommendations thereon. ,c., final budget shall be determined by City Counci l. t' ,;,,.. i,, September 15 of each year, the estimated percentace obligations of Littlewn , C astlewood , Parker, Cunningham, and Englewood for the total amount of said budget shall be determined based on the preceding year's calls ae<ording to the fo llowi ng foTmu1 a: $ Center Budget Total Calls (past year) Casi:!ewcod or X Parker or Cunningham or Figlewood Calb (Jlast)"8T) S Ce,tJe..,ood or Parker = or Cunningham or Englewood ol,ligation G . Castlewood, Parker, Cunningham , and Englewood shall pay to Littleton, (in addition w their percentage obligations as determined punuant w the formula in Paragraph F) an am ount equal w 6 .12% of their percentace obligation of the total Center Budget to defray their share of the management and administ.rative costs of Litt1e to n. in operating the center. H . Castlewood, Parker, Cunningham and Englewood agree to pay to LitUewn the amount of their percentage obligation and their share of management and admini strative expen ses in twelve equal months installments. It is anticipated that Englewood will make their first payment on the 3htday of July, 1993 , or upon commencement of communications services to Englewood. Immediately ro:,owing t he clo se of each calendar year the actual calls received from each Party will be determined and acljustments made by the Finance Director of Littleton to the percentage obligations of each party to reflect each Party's actual co sts for that yea r's opera ti on of the Center in copformance with the formula set forth above. Th e Littleto n Fi nance Director shall use his or her bes t efforts to give no ti ce of an aclju stment no later than February 15. Amounts l<J be paid pursuant w said adj ustment by the appropriate Party to any other Party or parties shall be paid -2· • • • • •• • • • • • J. no later than 30 days followine such notice. FailW'1! to give notice u provided ahall not be construed to preclude acljustmenta in favor of any Party. All ouch acljustmenta are subject to review and challene,, Initiated by the Jivine of written notice thereof not later than March 15 or 30 daya after notice of acljustment, whichever comes later. Upon receivine ouch notice, the Littleton Finance Director shall insure that booka and records regardin( the operation of the Center are accetsible to those Parties for inspection, ,.:.,d ,·ach of thooe Parti"9 shall then have until April 15 or 30 days after notice of review ,,r challenge, whichever comes later, to pay the amount stated or a s farther acljusted. Each Party recognizes that recognizes that each of them, by contract, may provide cert.ail, fire protection services to other en~ties and will continue to do so provided that operations of the Center are not adversely afl'ected. The Parties agree to consult with each other before entering into any new agreementa to provide such services. The P.arties also agree that the tol.:'I cal'· : ·. "uted to any of the ancillary agreements will be included int· · , vut years call total. K . Each Party recogn iz es 11 .ome time it may be necessary to undertake development of a plan for the provision of another fire communications center locited at a different site. Primary factors to be considered for the potential dev•lopment of another site will be the ability of the current site to efficiently handle all member's call loads, and the results of an annual site evaluation for purposes of evaluating adequacy of physical facilities. The first such annual e>-aluation shall occur in January 1994 and thereafter shall take place in January of each year or 'such other date as agreed upon . In developing said plan and 1electing another location , the Parties shall give primary consideration to, but not be lim ited to, the South Metro Fire Training Academy property . L . All personal property that is utilized as part of the Center from each party shall continue to be that party's property. Except as otherwise agreed, for personal property purchased after January 1, 1990, the coot of purchasine said property will be shared equally by the Parties and ti tl e thereto shall be by the Parties as tenants in common with ,mdivided one-fifth (1/5) interests. Each such item shall be assigned t . depreciation schedule by the Chiefs. Inventory and depreciation records shall thereafter be maintained by the Littleton Finance Director of Littleton. Upon joining this Center, Englewood will reimburse to the City their share ($21 ,457.50) representing 20% of the cost ofS107,2•' .. ~ti for radio consoles which have heretofore been purchased for the Center. The C :ty will reimburse to Castlewood, Parker, and Cunningham one-fourth each of Englewood's contribution, so that ea ch party will have contributed 20% of the total cost of said expenses. M . Castlewood, Parker, Cunningham, and Englewood will acquire all other telephone, radio and other required equipment and pay all associate.! installation charges and monthly telephone fees for any additional equipment needed to serve Castlewood, Parker, Cunningham, or Englewood . N . The Agreement shall be in full force and eff'ect from the execution and until terminated as provided in the Agreement. .3 . 0. 1. The original term of the >.,reement ■hall commence as of ---,----,-~ 1993. The term may be continued for additional one-year term ■, at the option of the parties. The >.,reement may be terminated by any Party by giving a minimum rf six (6) months written notice of termination to the other Parties, which nobce shall be giv,n not later than the last week of June of any yeor. No termination 1hall be effective prior to the end of the calendar year during which said notice is given . 2. The Partie1 receivini: the notice of termination shall have the optit<l to purchase all or any of the items of property held in tenancy in com1T,on by paying to the other Parties their one-fifth shares of the remainin11 value indicated on the depreciation schedule. Any of the personal property not purchased by the Parties receivini: notice of termination may bo pur ,hased hy the Parties giving such notice of termination . Payment for sala prcp •rty shal1 be made during the first week of January in the year follo -..,fo f( termination. 3 . The Parties receiving th• notice of termination shall have sixty (60) days from the date of receipt of such notice to elect to purchase any or all of the items of property held in tenancy in common . Said election shall be made by delivering a written statement to the Parties givini: notice of termination of the items to be purchased by the Parties receiving notice of termination. Should the Parties rec:eivini: the notice of termination Llko no action within thot sixty (60) day per'.od, then, and in that event, it shall he assumed that the Parties receiving notice does not wish to purchase any of ,uch properly and waives any interest therein . 4 . Possession of all personal and real property purchased un der th;, Poragraph shall not be delivered witil th e date of final ~nninatior, which shall be on th e first business day of January of the year following termination. Prior to the said termination date all personal propen.y shall be used by the Parties wider the 16rms of the Agreement. P . Insurance: The expenses of insurance c~verage for al1 equipment sh ,:; b:: provided in the annual operating budget of the Littleton Fire Departme. :. The c ·,ty shaH use reasonable efforts to obtain and maintain insurance coverage to actual cash value, subject to a deductible am o t for all equipment while Parties are operating under the term s of this >.,reement, and shall use reasonable efforts lo obtain and maintain liability insurance coverage in accordance with limitation s on judgment as shall be established from time to time in the Colorado Governmental Immunity Art, Colorado Revised Statutes, Section 24 -10-114 et seq ., but in no event with limits leas then $150,000 for any injury to one porson in an y single occunence; $600,000 for injury to two or more person s in any single occurrence (e xcept that in such instance no pers•n may recover more than $150,000). Said coverage may be arranged pursuant to participation in a se lf- insurance pool and it is hereby acknowledged that Littleton offers its coverage by pnrticipati on in such a pool , namely th e Colorado Intergovernmental Ri sk Sharing Assoc iation ("CIRSA") and intends to provide the required co verage through said a ssociation. -4- •• • • • • • • • • • • • Q. R. In the event the City is unable to obtain 111ch property and/or liability in surance, ea,b Ps ,ty shall be responsible for ita own coverage, but in no event will any Party hereto bo deemed to have to indemnify or hold harmleu any other Party hereto by the providing of insurance, the failure to provide insurance, or for any other cause . 'b • Perties recognize that over the course of time that other fire service providers may wi sh to participate in the Center. To that and and aince the intereata of all Parties and their citizens may best be aerve.' by such additional participation through increased efficiency and cost reduction, the Parties an-ree to consider 1uch amendments •• will facilitate increued participation at such time as requests therefore are required . Any amendme11t to the Agreement shall be in writing and executed with the same formality as the Agreement. lntre<'uced, read in full, and passed on first reading on the 17th day of May, 1993. l'u,; ..h•d as a Bill for an Ordinance on the 20th day of May, 1993. Re ad oy title and passed on final reading on the 7th day of June, 1993. Publish ed by title a s Ordinance No,;J:/, Series of 1993, on the 10th day of June, 1993 . (),~, 'E L ~~ Clyde. Wiggins, Mar Attest: Q ~a,W flu f Patricia H. Crow, City Clerk I, Patricia H. Crow, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance paaaed on final reading and published by title as Ordinance No)[/-, Series of 1993. -5 - u,y Patricia H. Crow AGREEMENT TI-rlS AGREEMENT is made this ___ day of ___ . 1993, by and between the CASTLEWOOD FIRE PROTECTION DIS'TRICT, a special dimict and quasi municipal corporation of the State of Colorado (hereinafter rderred to ns "Castlewood"), the PARKER FIRE PROTECTIO N DIS'TRICT, a special di:.,rict and quasi municipal corporation of the State oi' CCl\o ra do (hereinafter refe m <l 10 as "Parker"), the CUNNINGHAM FIRE PROTEC'T!ON DIS'TRICT, a special discli~, and quasi municipal corporation of the State of Colnrado (hereinafter referrec! 11, a; "CUnningham") the CITY OF LITI1..ETON, COLORADO (hereinafter referred to as "Litt leton"), and the CITY OF ENGLEWOOD, COLORADO (h e • '"1after referred to as "Englewood"). •MTNESS ETH: WHEREAS, Littleton . Castlewood , Parker, and Cunningham h~~e entered into an agreeme nt to operate a combined fire communic:nions center (hereinaft~r referred to as the "Ce nter"); WHEREAS, P rticle XIV, Section IS (2)(a) of the Constitution of the State of Colorado and Part 2 of Article I of Title 29 , C.R.S., encourages and author izes intergovern- mental agreements of this nature ; WHEREAS, investi ga tions hy the respective parties to this Agreement have developed data which reveal that the Center would serve as a more effective method of communicating repo rts of fir es and other emergencies in the areas encompassed by Littleton . Castlewood , Parker, Cunningham, Englewood and the other entities that each migh t serve ; WHEREAS, Littleton, Cast! ·wood, Parker, and Cunni ngham currently have interests jointly in the Center and desire to further increase the efficient and cost-effective provision of fire and paramedic dispatch services to their citizens; and WHEREAS, Llttl-.ton , Castlewood, Parker, and CUnningham wish to terminat e their Agre ement dated April I, 1993 by the substitution and execution of this Agreement in lieu there of. NOW , THEREFORE, in consideration of the mutual promises contained herein, Littl eton , Castlewood, Parker, Clinningham , and Englewood (hereinafter"the parties") agree: I. To operate a combin ed fire communications center to be !mown as the South Metro Area Emerge ncy <:.immunications Center (hereinafter the "Center") which is located in the existing communications facility at the Littleton Center, 2255 West Berry Avenue, Ll1t!eton, Colorado 80165 . 2. Littl eton shall be respon sib le for and shall provide for the management and administration of the Center. Thi s management shall include the responsibili- ty of providi ng dispa tch ers fo r th e Center. Littleton will be so lel y re spo nsib le • • • • • • •• • • • • • Combined Communications Agreement Littleton/Cnstlewood/Pnrl:er/Cunninghnm/Englewood Page 2 for all day-to-day aspects of the Center including but not limited to :idminis- tration and persor.nel management. 3. Operating proc edures and protocols for the dispatch function of the Center will be established by or pursuant to the direction of the Fire Chiefs of each of the partie s hereto. In order to establish such procedures and protocols, the Fire Chiefs of the parties shall meet ns often as necessary to update and revi ~c said procedures and protocols. In .io event shall procedures or protocols be establis h.:d or implemented in any way that conflicts with this Agre e ment , the Littleton City Charter, the Constitution of the State of Colorado, or any provis ion of Colorado law governing the activities of any of the parties hereto. 4 . Cnstle wood, Parker, Cunningham , aml Englewood shall pay to Littleton their re spective share of the budget costs in accordance with the provisions set forth hereafter. 5. The annual budget for the Center (ns part of the budget for the Littleton Fire Department) shall be initially prepared pursuant to the direction and under 1 e authority of the Littleton City Manager. The City Manager, on or before the 15th day of September in the year preceding the budget year, shall submit a copy of the proposed budget to the Littleton City Council (the 'City Council ') and to C:lstlewood, Parker, Cunningham , and Englewood (the pr<,;vJsed budget for calendar year 1993 is attached hereto as Addendum 'A'). Subsequent to said ·uhmittal and prior to the adoption of a budget for the Center by the City Council (as part of the Littleton budget), the City Council , Castlewood, Parker, Cunningham, and Englewood shall review said budget anc.l may make recomrr~ndations thereon . The final budget shall be determined by City Council. 6. Prior to September 15 of each year, the estimated percentage obligations of Littleton, Castlewood, Parker, Cunningham, and Englewood for the total amount of said budget shall be determined based on the preceding year's calls according to the following formula : 7. $~Budget Total Cails x (past year) Castlewood or Parker or Cunningham or Englev,ood Calls (past year) $ Castlewood or Parker or Cunrtingham or Englewood obligation Castlewood , Parker, Cunningham , and Englewood shall pay to Littleton , (in addition to their percentage obligations as dete'omined pursuant to Combined Communications Agreement Litt leton/Castlewood/Parker/Cunningham/Englewood Page 3 Paragraph 6 above) an amount equal to 6.12% of their percentage obligation of the total Center budget to defray their share of the management and admin i~•r ativc cos ts of Li ttleto n in operating the center. 8. Castle wood , Porker, Cunningham, and Englewood agree to pay to Littleton •~•. i . 1c ,1;1 oi their percentage obligation and their share of managem ent nid a i:,•,i11l•(!·,,,.,~ expenses in twelve equal monthiy installments. It is anticipated that \'.n•.'.·~.wood will make their first payment on the 31st day of July 1993, or up on commencement of communications services to Englewood . 9. Immediately foll~'ing til e cl ose of each calendar year, the actual calls rece ived from each Party w'ill be determined d adjustments made by tht Fina nce D irector of Littleton to the percentage obligations of each party 10 reflect each party's actual coSIS for that year's operation of the Center in con for mance with the fonmla set forth above. The Littleton Finance Director shall use his or her best efforts to give notice of an adju stment no later than February 15 . Amounts to be paid pursuant to said adjustment by the appropr,a te party to any other party or parties shall be paid np later than 30 days following such notice. Failure to give notice as provided shall not be construed to preclude adjustments in favor of any party. All such adjustments are subject to review and challenge initiated by the giving of written notice thereof not later than March 15 or 30 days after notice of adjustment, whicheve r comes later. Upon receiving such notice, the Littleton Finance Director shall insure that books nnd records regarding the operation of th e Center a re accessible to those parties for inspection, and each of those parties shall then have until April 15 or 30 days after notice of review or challenge, whichever comes later, to pay the amount stated or as further adjusted . 10. Each party recogn izes that each of them, by contract, may provide certain fire protection services to other entities and may continue to do so provided that operations of the Center are not adversely affected. The parties agree to consult w'ith each other before entering into any new agreements to provide such services. The parties also agree that the total calls attributed to any of the ancillary agrements w'ill be included into their part years call total. 11. Each Party recognizes that at some time it may be necessary to undertake development of a plan for the provision of another fire communications center located at a different site . Primary f.ictors to be considered for the potenti a l development of another site will be the ability of the current site to efficie ntl y handle all members' call loads, and the results of an annual site evaluatio11 for purposes of evaluating adequacy of physical facilities. The first such annua, :valuation shall occur in January 1994 and thereafter shall take place in January of each year or such other date as agreed upon. In developing sai d plan and selecting another location, the parties shall give •• • • • • • • • • • • • Com bi ned Communications Agreement Littl e!on/Cnstlewood /Parker /Cunningham/Englewood Page 4 pr imary consideration to, but not be limited to, the South Metro Fire Training Academy property. 12. All perscnal property that is utilized as part of the Center from each party shall continue to be that party's property. Except as otherwise agreed, for personal property purchased after January 1, 1990, the cost of purchasing said property will be shared equally by the parties and title thereto shall be by the par\ies , as tenants in common, with undivided one-fifth ( 1/5) interests . Ench such item shall be assigned a depreciation schedule by the Chiefs . Inventory and depreciation records shall thereafter be maintained by the Littleton Fin ance Directer. Upon joining the Center, Englewood will reimburse to the City their share ($21,457.50) representing 20 % of the cost of $107 ,287 .50 for radio consoles which ha ,e heretofore been purchased for the Center. The City will reimbu ~, to Castlewood , Parker, and Cunningham one-fourth each of Englewood's contribution , so that each party will have contributed 20% of the total cost of said exp enses . 13. Cas tlewood, Parker, Cunningham, and Englewood will acquire all oth er telep hone , radio and other required equipment and pny all associated instal- lation charges and monthly telephone fees for any additional equipment needed to serve Castlewood, Par~er, Cunningham, or Englewood. 14. This Agre ement shall be in full force and effect from execution hereof unt il terminated as provided herein. ' B. The original term of this agreement shall commence as of ______ , 1993 , and shall tenninate on Decembe r 31 , 1993 . The term may be continued for additional one-year terms , at th e option of the parties . The agreement may be tertninated by any party by giving a minimum of six (6) months written notice of tertnination to the other parties, which notice shall be given not later than the last week of June of any year . No termination shall be effective prior to the end of the ca le ndar year dur ing which said notice is given . The parties receiving the notice of tertnin ation shall have the option to purchase all or any of the items of property held in tenancy in common by paying to the other parties their one-fifth shares of the r:maining value indicated on the depreciation schedule . Anv of the personal property not purchased by the partie s receiving notice of termination may be purchased by th e parties giving such notice of termination. Payment for said property shall be made during the fir st week of January in th e year foll owing terminati on. Combined Communications Agreement Littleton/Castlewood/Pa ker/Cunningham/Englewood Page 5 16. 17. C. The parties receivin the notke of tcrminnti on shall have sixty (60) days from the date of re ceipt of such notice to el e ct to p~rcha.~e an y or all of the items of property held in tenancy in m t 11r,on. Said election shall be made by delivering a written sta tement to the parties giving notice of termination of the items to be purchas.t d by tit parties receiving notice of tcnninat;on. Should the pan ics recei vin g th e notice of termination take no action within that sixty (60) day period, then, and in that event, it shall be assumed that the parties rccci ,irtG notice does not wish to purchase any of the such prope rty and wu ivcs any interest therein. D . Poss ess ion of all personal and real property purchased under this paragraph shall not e livcred until the date o i fiP l l r~rmination which shall be on th e first business day of January of the year followin g term ination . Prior to the sa id terminatio n date . all pe rsonal property shall be used b\' the parties under the terms of th is Agree- ment. ln ~urance -The expenses of insurance coverage for all equipmen t sh all be provided in the annual operating budget of the Littleton Fire Department. The City shall sc reasonable efforts to obtain and maintain insurance coverage to actual cash value , subject to a deduct ible amount for all equipment purchased while the parties are operating under the tenns of this Agreement, and shall use reasonable efforts to obtain and maint~i n liability insurance coverage in accordance with limitations on judgment as shall be established from ·.m.e to time in the Colorado Governmental Immunity Act, Colorado :vised Statutes Se c· . .,,, 24-0-114 et seq., but in no event with limits less than $150,000 for any ir.jury to one person in any single occurrence; $600,000 for injury to two or more persons in any single occurrence (except that in such instance no person may recover more than $150,000). Said coverage may be arranged pursuant to participation in a self-insurance pool and it is hereby acknowledged th a t Littleton offers its ,;overage by participa- tion in such a pool, namely the Coloradll Intergovernmental Risk Sharing Association ("CI RSA") and intends to pro·lidc the required coverage through ,aid association . In the event the City is unable to obta in such property and/or liabili ty insurance , ea ch party shall be r:sponsible for its own coverage, but in no event will any party herew be deemed to have to indemnify or hold harmless any othe r party hereto by the providing of insuran ce, the failure to provide insurance, or for any other cause . The parties recognize that over the course of time that other fire service providers may wish to participate in the renter. To that end, a nd since the interests c,f all parties and their citizens may best be served by s uch additional • • • • • • • • • Combined Communications Agreement Littl e 1o n/Castlewood/Parke r/Omnirlgham/Englewood Page 6 participation through incre ased efficiency and co st reduction, the parties agree to cons ider such amendments as will facilitate increased participation at such time as re qu c ts therefore arc required . 18. Any amendment to this Agreement shall be in writing and executed wit h the same form aiity as this Agreement. 19. Th is Agreement may be exe cuted in several co•.:ntcrpans, each of which shall be considered as an origin al Agreement. ATTES T : CASTLEWOOD FIRE PROTEC110N DISTRICT Secretary By:_=-~~~----- Boa rd President • APPROVED AS TO FORM • • Castlewood Fire District Anorncy ATTEST: Se cretary APPROVED AS TO FORM Park er Fire Di s•. ·ic t Attorney PARKER FIRE PROTECTION DISTRICT By:_=-....,..,~-e-,--- Board President Combined Communications Agreement Lluleton/Castlewood/Parker/Cunningham/Englewood Page 7 A1TEST: CITY OF LITILETON City Clerk By : ___ ,,....,,__,,.,.------ Council President APPROVED AS TO FORM City Attorney A1TEST: CUNNINGHAM FIRE PR.OTEcnON DISTRICT Secretary By:_=-___,,..,=--.,..,------ Board President APPROVED AS TO FORM Cunningham Fire Di strict Attorney •• • • • -• • • • ·• • Combined Communications Agreement Littleton/Castlewood/Parker/Cunningham/Englewood Pnge 8 ATTEST: CITY OF ENGLEWOOD City Clerk By: ___ M-;-a:-yo:-r:--------- APPROVED AS TO FORM City Auorney AGREEMENT •• nns AGREEMENT is made this ___ day of , 1993, by and between • the CASlLEWOOD FIRE PROTECTTON DISTRICT, a special district and quasi municipal corporation of the State of Colorado (hereinafter referred to as 'Castlewood"), the PARKER FIRE PROTECTTO N DISTRICT, a special district and quasi municipal corporation of the State of Colorado (hereinafter referred to as "Parker"}, the CUNNINGHAM FIRE PROTECTION DISTRICT, a special district and quasi municipal corporation of the State of Colorado (hereinafter referred to as 'Cunningham') the CITY OF LITI1..ETON, COLORADO (hereinafter referred to as 'Littleton'}, and the CITY OF ENGLEWOOD, COLORADO (hereinafter referred to as 'Englewood"). WITNESSETH : WHEREAS, Littleton, Castlewood, Parker, and Cunningham have entered into an agreement to ope rate a com b ined fire communications center (hereinafter referred to as the 'Center"); WHEREAS, Article XIV, Section 18 (2)(a) of the Constitution of the State of Colorad o and Part 2 of Articl~ I of Title 29, C.R.S., encourages and authorizes intergovern- mental agreements of this nature; WHEREAS, investigations by the respective parties to this Agreement have • developed data which reveal that the Center would serve as a more effective method of • communicati ng reports of fires and other emergenci es in the areas encompassed by Littleton, Castlewood, Parker, Cunningham, Eng'ewood and the other entities that each mi ght serve ; WHEREAS, Littleton, Castlewood, Parker, and Cunningham currently have L-1terests jointly in the Center and desire to further increase the e fficient and cost-effective provision of fire and paramedic dispatch services to their citizens; and WHEREAS, Littleton, Castlewood, Parker, and Cunningham wish to terminate their Agr eement dated April 1, 1993 by the substitution and execution of this AgrP-ement in lieu there of. NOW, TiiEREFORE, in consideration of the mutual promises contained herein, Littletori, Castlewood, Parker, Cunningham, and Englewooll (hereinafter "the parties") agree : I. To operate a combined fire communications center to be known as the South Metro Area Emergency Communications Center (hereinafter the 'Center') wh ich is located in t'at .:iisting commuru cations facility at the Littleton Center, 2255 West Berry Avc11ue, Uttleton, Colorado 80165 . 2. Litt leton shall bl' ,~~ponsible for and shall prr,vid e for the management and administration of the Center. This management shall include the responsibili- ty of providing dispatchers for the Center. Littleton will be solely responsible • • •• • • • • • Combined Communications Agreement Littleton/Castlewood/Parker /Cunningham/Englewood Page 2 for all day-to-day aspects of the Center including but not limited to adminis- tration and personnel managemen t 3. Operating procedures and protocols for the dispatch function of th,, Center will be established by or pursuant to lhe direction of the Fire Chiefs of each of the panies hereto . In order to establish such procedures and protocols, the Fire Chiefs of the panies shall meet as often as necessary to update and revise said procedures and protocols . In no event shall procedures or protocols be established or implemented in any way that conflicts with this Agreemen , .. the Littleton City Charter, the Constitution of the State of Colorado, ,1 1 any provision of COiorado law governing the activities of any of the parties hereto. 4. Cas tlewood , Parker, Cunningham, and Englewood shall pay to Littleton their re spective share of the budget costs in accordance with the provisions set forth hereafter. 5. The annual budget for the Center (as part of the budget for the Littleton Fire Department) shall be initially prepared pursuant to the direction and under the authority of the Littleton City Manager . The City Manager, on or before the 15th day of September in the year preceding the budget year, shall submit a copy of the proposed budget to the Littleton City council (the "City Council ") and to Castlewood, Parker, Cunningham, and Englewood (the proposed budget for calendar year 1993 is attached hereto as Addendum • A"). Subsequent to said su bmittal and prior to the adoptio !! of a budget for the Center by the City COunc/1 (as part of th~ Littleton iJudget), the City Cc,uncil, Castl ewood, Parke r, Cunningham, !!!<d Englewood ~b ll r~view said budget an.d may make recommendatio!IS thereon . The: final budget shall be determined by City Council . 6. Prior to September 15 of each year, the estimated percentage obligations of Littleton, Castlewood, Parker, Cunningham, and Englewood for the total amount of said budget shall be determined based on the preceding year's calls according 10 the following formula : 7. S Center Budget Tot al Calls x (past year ) Castlewood or Parker or Cunningham or Englewood Calls (past year) S Castlewood or Parker or Cunningham or Englewood obligation Cas tlewood , Parker, Cunningh am, and Englewood shall pay to Littleto n, (in additi on to the ir percentage obligations as determined pursuant to Combined Communications Agreement Littleton/Casllewood/Parkcr,'O!nningham/Englcwood Page 3 Paragraph 6 above) an amount equal to 6.12% of their percentage obligation of the total Center budget to defray their share of the management and administrative costs of Littleton in operating the center. 8. Castlewood, Parker, Cunningham, and Englewood agree to pay to Littleton the amount of their percentage obligation and their share of management and administrative expenses in rwclve equal monthly installments. It is anticipated that Englewood will make their first payment on the 31st day of July 1993, or upon corrur.encement of communications services to Englewood. 9. Immediately following the close of each calendar year, the actual calls received from each Party will be determined and adjustments made by the Finance Director of Littleton to the percentage obligations of each party to reflect each party's actual costs for that year's operation of the Center in conformance with the formula set forth above. The Littleton Finance Director shall use his or her best effortS to give notice of an adjustment no later than February 15 . Amounts to be paid pursuant to said adjustment by the appropriate party to any other party or parties shall be paid no later than 30 days following such notice . Failure to give notice as provided shall not be construed 10 preclude adjustments in favor of any party. All such adjustments • are subject to review and challenge initiated by the giving of written notice • thereof not later than March l '.: or 30 days after notice of adjustment, whichever comes later. Upon rt cciving such notice, the Littleton Finance Director shall insure that books ,md records regarding the operation of the Center arc accessible to those parties for inspection, and each of those parties shall then have until April 15 or 30 days after notice of review or challenge, whichever comes later, to pay the amount stated or as further adjusted. 10. Each party recognizes that each of them, by contract, may provide certain fire protection services to other entities and may continue to do so provided that operations of the Center are not adversely affected . The parties agree to consult with each other before entering into any new agreements to provide such services. The parties also agree that the total calls attributed to any of th e ancillary agrements will be i..,cluded into their part years call total. 11. Each Party re~ognizes that at some time it may be necessary to und e rtake de velopment of a plan for the provision of another fire communications center located at a different site . Primary factors to be considered for the potential development of another site will be the ability of the current site 10 effici e ntly handle all members' call loads, and the results of an annual site evaluau un for purposes of evaluating adequacy of physical facilities . The first such annual evaluation shall occur in January 1994 and thereafter shall t..kc place in January of each year or such other date as agreed unon . In developing said plan and selecting another location, the parti~s shall give • • •• • • • • • Combin ed Communications Agreement Uttleton/Castlewood/Parker /Cunningham/Englewood Page 4 primary consideration to, but not be limited to , the South Me tro Fire Training Academy pr,,perty. 12. All personal ~•roperty that is utilized as part of the Center from each party shall continue to be that party's property. Except as otherwise agreed , for pe rs.:Jn al property purchased after January 1, 1990, the cost of purchasing said prop erty will be shared equally by the parties and title there to shall be by the parties, as tenants in common, with undivided one-fifth (1/5) interests. Each such item shall be assigned a depreciation schedule by the Chiefs . Inventory and depreciation records shall thereafter be maintained by the Uttleton Fin ance Director. 13 . Upon joining the Center, Englewood will reimburse to the City their share ($21,457 .50) representing 20% of the cost of $107,287.5 0 for radio consoles which have heretofore been purchased for the Center. Tb.e Cit1 will reimburse to Castlewood, Parker, and Cunningham one-fowtb each of Englewood 's contribu ti on, so that each party will have contributed 20 % of th e total co st of said expenses . Castlewood , Parker, Cunningham, and Englewood will acquire all other telephone, radio and other required equipment and pay all associated instal- lation charges and monthly telephone fees for any additional equipment needed to serve Castlewood , Parker, Cunningham, or Englewood . 14. This Agreement snail be in full force and effect from execution hereof until terminated as provided herein. 15. A B. The original term of this agreement shall commence as of --~---• 1993, and shall terminate on De cember 31, 1993. The tenn may he continued for additional one-year terms, at the option of the parties. The agreement may be terminated by any party by giving a minimum of six ( 6) months written notice of termination to the other parties, which notice shall be given not later than the last week of June of any year. No termination shall be effective prior to the end of the calendar year during which said notice is given. The parties receiving the notice of termination shall have the option to purchase all or any of the items of property held in tenancy in common by paying to the other parties their one-fifth shares of the remaining value indicated on the depreciation schedule . Any of the personal property not purchased by the parties receiving notice of termination may be purchased by the parties giving such notice of tennination. Payment for said property shall be made during the first week of January in the year following termination. Combined Communications Agreement Littlcton/Castlewood/Parkcr/Cunningham/Eoglewood Page 5 16. 17. C. The parties receiving the notice of tennination shall have sixty (60) days from the date of receipt of such notice to elect to purchase any or all of the items of property held in tenancy in common. foid election shall be made by delivering a written statement to the parties giving notice of termination of the items to be purchased by the parties receiving notice of termination. Should the parties receiving the notice of termination take no action within that sixty (60) day period, then, and in that event, it shall be assumed that the parties receiving notice does not wish to purchase any of the such property and waives any interest therein. D. Possession of all personal and real property purchased ander this paragraph shall not be deliver ed until the date of final termination which shall be on the first business day of January of the year following termination . Prior to the said termination date . all personal property shall be used by the parties under the terms of this Agree- ment !nfil!r~ -The expenses of insurance coverage for all equipment shall be provided in the annual operating budget of the littleton Fire Department. The City shall use reasonable efforts to obtain and maintain insurance coverage to actual cash value, subject to a deductible amount for all equipment purchase<! while the parties are operating under the terms of this Agreement, and shall use reasonable efforts to obtain and maintain liability insurance coverage in accordance with limitations on judgment as shall be established from time to time in the Colorado Governmcutal Immunity Act, Colorado Revised Statutes Section 24-10-114 ct seq., but in no event with limits less than $150,000 for any injury to one person in any single occurrence; $600,000 for injury to two or more persons in any single occurrence ( except that in such insrance no person may recover more than $150,000). Said coverage may ~ arranged pursuant to participation in a self-insurance pool and it is hereby acknowledged that littleton offers its coverage by participa- tion in such a poo~ namely the Colorado Intergovernmental Risk Sharing Association ("CIRSA") and intends to provide the required coverage through said association. In the eve nt the City is unable to obtain such property and/or liability insurance, each party shall be responsible for its own coverage , but in no event will any party hereto be deemed to have to indemnify or hold harmless any other party hereto by the providing of insurance, the failure to provide insurance. or for any other cause . The parties recognize that over the course of time that other fire service providers may wish to participate in the Center. Tr that end, and since the intere ,;ts of all parties and their citizens may best be served by such additional •• • I • • •• • • • • • Combined Communications Agreement Littleton/Castlewood/Parkcr/Cmningbam/Englewood Page 6 participati Jn through increased efficiency and cost reduction, tbe parties agree to conside: such ameodmeots as will facilitate increased participation at such time as requests therefore arc required . 18. Any amendment to tbis Agreement shall be in writing and executed with the same formality as this Agreement . 19. This Agreement may be executed in several counterparts, each of which shall be considered as an original Agrccmrnt. ATrEST: CASIU:WOOD FIRE PROTECTION DIS'IRICT Secretary , By :_-:Bo::-ar-d-:--::Pr:-e-s.,.id.,.c_o_t _____ _ APPROVED AS TO FORM Castlewood Fire District Attorney ATrEST: PARKER FIRE PROTEcnoN DISTRICT Secretary By :_-=a'""o_ar_d'""'P""r-cs""'i""'de_n_t _____ _ APPROVED AS TO FORM Parker Fire District Attorney Com bined Communications Aiireement Littleton/Castlewood/Parter/Qumingbam/Englewood Page 7 ATTEST: AP P O •I/;~ AS TO FORM City Attorney ATl"EST: Secretary APPROVED AS TO FORM Cunningham Fire District Attorney CITY OF Lim.ETON By:._..,,....--,:-=-....,..,----- Council Preside~! CUNNINGHAM FIRE PROTECTION DISTRJCT By._-=-~-=-...,..,.------Board President •• • l • • • • • • • • Combined Communications Agreement Uttl.,ton/Cas1lewood/Parker /Qmningbam/Englewood F:,.ge 8 AlTEST: CITY OF ENGLEWOOD City Clerk By : _________ _ Mayor APPROVED AS TO FORM ~Ci-.ty-A-tto_r.i_e_y _____ _ d/~.fJ Date May 17, 1993 INITIATED BY STAFF SOURCE COUNCO. COIIIIUNICA110N A&endaltem 11 e 8-abject Fire Communications Intergovernmental Agreement Department of Safety Services Allan Stanley, Director of Safety Services Chris Olson, Deputy Director of Safety Services ISSUE/AC11QN PROPOSED Staff seeks Council approval of the attached bill for an ordinance approving an Intergovernmental agreement between the City of Englewood and four south metro fire departments to operate ::. combined Fire Communications Center. PREVIOUS COUNCIL ACTION o\ study ses sion held on May 3, 1993, provided information to Council on the merits and technical aspects of combined communications operations. BA.CXGROUND The South Metro Fire Dispatch Center has been successfully operating for at least four years. As the Englewood Fire Division Is already participating In other cooperative efforts with south metro fire agencies, this proposal fills a natural and cost-effective need that will ensure a higher level and quality of fire service communications than presently provldeC:. STAFF ANALYSIS Safety Services staff has been discussing and analyzing the options for both fire and police combined dispatch operations since 1991. Staff recommen ds that action be taken now .