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HomeMy WebLinkAboutbocc.res.004.2003 A EESOLUTION OF TIlE BOARD OF COUNTY COIVlMISSIONERS OF PITKIN COUNTY, COLORADO, AUTHORIZING THE BOARD TO ENTER INTO AN INTERGOVEKN~ENATAL AGREEMENT WITH THE CITY OF ASPEN, TOWN OF BASALT, TOWN OF 'SNOWMASS VILLAGE, ASPEN FIRE PROTECTION DISTRICT, BASALT & RURAL FIRE PROTECTION DISTRICT, CARBONDALE FIRE PROTECTION DISTRICT AND SNOWMASS-WlLDCAT FIRE PROTECTION DISTRICT TO PROVIDE PUBLIC SAFETY TECHNICAL SERVICES. Resolution No. ~q -2003 RECITALS 1. The Board of County Commissioners of Pitkin County under the authority granted -~"-"'-'pursuant to C.R.S. § 29-1-201 and Article XIV, Section I0 of the~ Colorado Constitution is hereby entering into an Intergovernmental Agreement with the City of Aspen, Town of Basalt, Town of' Snownmss Village, Aspen Fire Protection District, Basalt & Rural Fire Protection District, Carbondale Fire Protection District and Snownms-W'ddcat Fire Protection District. 2. The pi~rpose of ~he Agreement attached as E~bit A, is to set forth respective respons~ilities and obligations of the parties relating to providing needed Public Safety technical services to keep harmonious and compat:'ole Public Safety operating systems. .//" 3. The Board of County Commissioners has determined that it is in the best interest ofthe dtizens of Pitkin County to enter into this Agreement. NOW THEREFORE BE IT' RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that it does hereby approve the Agreement between Pitkin County and the City of Aspen, Town of Basalt, Town of Snowmass Village, Aspen lr~re Protection District, Basalt & Rural Fire Protection District, Carbondale Fire Protection District and Snowmass-W'fldcat Fire Protection District and authorizes the Chair to sign an Agreement in substantially the form attached as Extu'bit A, as approved by the County Attorney and Pitkin County Sheriff. INTRODUCED, FIRST READ, AND SET FOP, PUBLIC HEARING AT THE REGULAR MEETING ON THE 18th DAY OF December, 2002. NO'FI.CE OF PUBLIC HEARING PUBLISI4E13 IN THE ASPEN TIMES ON TIlE PU~SHED AFTER. ADOPTION IN TIlE ASPEN TIMES O DAYOF (-.,,,~,~/,~lb"-- - .............. '"'~ '~" ~// ~),., 2003.' ATI'EST: BOARD OF COUNTY COMMISSIONER~ ~ i OF PITI<IN COUNTY, COLORADO .~.//u~. ,.~' B~:~lLI~tfield, Chairpers~ ' Jea ~te Jones De ' Clerk & Re~ der APPROVED AS TO FORM: SHERIFF'S APPROVAL: J..o~ obert C Braudis '~a3rAtt°mey Pitkin County Sheriff RECOMMENDED FOR APPROVAL: Communications Director NOTE: THIS AGREEMENT WAS NEVER SIGNED BY THE BASALT & RURAL FIRE PROTECTION DISTRICT INTERGOVERNMENTAL AGREF~MENT FOR TECHNICAL SERVICES PROVIDED THROUC~I PITKIN COUNTY THIS AGREEMENT is entered into this~ ~gf-~day o,-~~_~ 2003, by and between lhe BOARD OF COUNTY COMMISSIONL~S~ 6~ l~i'~'-~IN COUNTY, COLORADO, a Home Rifle County, hereinafter referred ta as the "County", and the City pf Aspen, COLORADO, a statutory municipality, hereinafter referred to as' th~ "Customer". Together, the County and Customer are referred to as the "Governments". RECITALS 1. The Governments desire to enter into this Agreement at this time so that the County will provide technical services to the Customer. 2. The Customer requires certain technical services and the County has the capability to provide those technical services. 3. Sections 29-1-201 through Sections 29-1-203, C.~,.S., as amended, authorize local governments to cooperate and contract with other governments to provide services and share costs, among other things, NOW, THEREFORE, in consideration of the obligations, covenants and terms expressed herein, the Governments agree as follows: Section 1 DEFINITIONS 1.1. "Agreement" means this Intergovernmental Agreement and its Attachments, Exhibits, etc., ifany, which are attached hereto and incorporated herein by this reference. 1.2. "Equipment" means public safety communications equipment that is specified in Attachment "B' or that is subsequently added to this Agreement and used by the Governments. 1.3. "D ' · ' · · epartment means Pltkm County Technical Services Department. Section 2 ACCEPTANCE 2.1. The Customer accepts th(H.ourly Ra~te Meth%o 'or Cost Allocation Method (circle one). These methods are explain~,-g~c-~~'. 2.2. If any Customer wishes to accept the Cost Allocation Method, a list of Equipment will need to be provided to the Department by the Customer at the time of Agreement acceptance. A dollar amount cannot be calculated without the Equipment list. The list of Equipment will be part of this Agreement and will be shown as Attachment "C". The new calculation chart will be shown as Attachment "D". 2.3. The Customer agrees to accept the terms of this Agreement and to pay the prices set forth herein. The terms and conditions set forth in this Agreement and in the Attachments will become binding only when accepted in writing by the County. The term ofthis Agreement will commence on the date specified in the Agreement, including any Attachments. 2.4. The initial term of the Agreement shall be January 1, 2003 through December 31, 2003'. See Section 11.3 for renewals. Section 3 SCOPE OF SERVICES 3.1. The Department will provide the following technical services and will be named "Service(s)," herein. (i) Installation - items included are repeaters, base stations, control stations, pagers, and portable radios. Installation and/or removal of Equipment on emergency vehicles will be negotiated on a case-by-case basis. (ii) Maintenance - the Department will provide preventative and regular maintenance to Equipment when required by the Customer or Department. It will be up to the Customer to notify the Department when Equipment needs maintenance. (iii) Repair - if the Equipment no longer functions the way it was designed to, the Department will repair the Equipment to the best of its ability. From time to time Equipment will need to be sent to a qualified repair vendor for various reasons, see Section 5. (iv) Support - the Department will provide support to the Customer for their Equipment. This includes, but not limited too, answering questions, giving options and/or advice, consulting, etc. (v) Training - the Department will provide user training to the Customer for their Equipment. (vi) Programming - the Department will program the Customer's Equipment. All Equipment will be programmed so that it is compatible with the communications system(s) and the Customer's needs. (vii) Other Services - the Department can provide other Services not listed and will be negotiated on a case-by-case basis. Certain Services may require a more particular description or definition, or may require detailed Statement(s) of Work. If particular descriptions m: Statement(s) of Work are required, and are therefore attached to this Agreement, the Governments hereby agree to be bound by any additional terms included in the Attachments. 3.2. The Department may also provide additional services at the Customer's request. Such additional Services 'will be billed at the County's hourly rate set forth in this Agreement. 3.3. If the Equipment cannot, in the Department's or qualified vendor's opinion, be properly or economically serviced for tiny reason including excessive wear, unavailability of parts, the state of technology or the practical feasibility of the scope of Services as specified in the Agreement, the County may: (i) modify the scope of Serviges related to such Equipment; (ii) remove such Equipment from this Agreement; or (iii) increase the price to Service such Equipment. 3.4. All Equipment purchased by the Customer through the'Department will be compatible with the current public safety communications system(s) and will automatically added to this Agreement. 3.5. If the Department is providing Services t:or Equipment: (i) recommended manufacturer parts and supplies will be used; (ii) the Equipment will be Serviced at levels set forth by the manufacturer's product manuals; and (iii) routine service procedures that are prescribed from time to time by the manufacturer for its products will be followed. 3.6. The Department will function as coordinator and advisor to the Customer regarding the acquisition of Equipment. 3.7. The Department will order Equipment at the Customer's request. The County will pay for the Equipment and the Department will bill the Customer, in full, for the Equipment. The purpose of this is.to avoid late payments to the vendor. 3.8. Services will be performed by the Department in a timely manner. Depending on the workload and resources of the Department at the time of a Service request by the Customer, some Services may require more time to address. If Equipment is not functioning and the Customer cannot perform its normal job duties without the Equipment and there are no other options for the Customer, these requests will be addressed immediately. Section 4 EXCLUDED SERVICES 4.1. Emergency vehicle radio, siren, lighting, gun rack, radar, video and cell phone installations and removals are not covered by this Agreement. This means no new or used Equipment will be installed or removed from un emergency vehicle. Section 3 still applies to the Equipment. 4.2. Unless specifically set forth is this Agreement, Service does not include items that are consumed in the course of normal operations of the Equipment, such as, but not limited to, power supplies, batteries, antennas, belt clips, talcs, chargers, etc. The Customer agrees to pay for these items, as needed. 4.3. Unless specifically set forth in or added to this Agreement, any specialized materials, supplies, programs, licenses, tools or equipment needed to perform a task assigned to the Department by the Customer is not covered by this Agreement. The Customer agrees to purchase such items if the Customer wishes the Department to Service that Equipment. Section 5 R1GHT TO SUBCONTRACT/ASSIGNMENT 5.1. The Department has the fight to outsoume to a qualified vendor any piece of Equipment that cannot be Serviced by the Department and the Customer will pay all vendor costs associated with that piece of Equipment. The reason for this is time constraints on the Department, beyond the expertise of the Department, lack of proper testing and repair equipment, not cost-effective for the Customer or the County to repair the Equipment, or the Equipment is not familiar to the Department. Section 6 TIME AND PLACE OF SERVICE 6.1. Service will be provided at the Technical Services Department located at 515 E. Bleeker St. Aspen, CO. When the Department performs Service at the Customer's location, the Customer agrees to provide a safe working environment with full and free access to the Equipment. Hours of Service will be 0700 hours to 1700 hours, excluding weekends and holidays. After hours Service will be provided when the Customer cannot function in their normal duties and there are no other options available to temporarily alleviate the issue. Section 7 FEES AND PAYMENT 7.1. .Hourly Rate Method: U~less otherwise stated in the Agreement, any Service provided to the Customer will be billed at a rate of $55 per hour. Travel time will be added to any Service call, if appropriate. Fractions of an hour worked will be billed as follows: I to 15 minutes - $0 per hour, 16 to 45 minutes - $27.50 per hour, 46 to 60 minutes - $55 per hour. A log of hours worked will be kept by the Department along with a description ofthe Service provided. Customer will be billed for Services and any other associated costs on a monthly basis. 7.2. Cost Allocation Method: Each piece of Equipment is worth one hour of labor per year: therefore each piece of Equipment is worth $55 per year. For example, two radios are worth $110 per year. BY adding all the Equipment together nsing this method you get a dollar sum. This dollar sum is then multiplied by $1.25 to get the total amount for the year. The $1.25 is for administrative time and miscellaneous materials and supplies, such as; wire, nuts, bolts, fuses, fasteners, etc. Attachment A shows an example ofhow this yearly amount is calculated. Attachment B shows the types of Equipment. Customer will be billed in the second quarter of the year for that set amount. This method also includes travel time. 7.3. The Department will be available for emergency call Rut outside the regular Service hours. Customer will be billed at $82.50 per hour. Travel time will be added to the call out. Fractions of an hour will be billed as follows: I to 15 minutes - $0 per hour, 16 to 45 minutes - $41.25 per hour, 46 to 60 minutes - $82.50 per hour. This applies only to the Hourly Rate Method. 7.4. The Hourly Rate and Cost Allocation Methods include minor materials and supplies, such as, wire, nuts bolts, fuses, fasteners, etc. Also factored in both methods are Department administration time, Department vehicle maintenance and supplies, and other duties not specified in this Agreement. 7.5. All invoices must be paid in full within thirty (30) days of receipt. A 2% late fee per month will be charged on all late payments. Section 8 DEFAULTfFERMINATION 8.1. If either party defaults in the performance of any ofits obligations set forth in this Agreement and the default remains uncured for a period of thirty (30) days after receipt by such party of written noti~:e from the other party detailing specific contractual obligation and the nature of the default thereunder, then the injured party, in addition to any other fights available to it under law, may immediately terminate this Agreement effective upon the giving notice in writing to the defaulting party. 8.2. Any termination of this Agreement will not relieve the party of obligations previously incurred pursuant to this Agreement, including but not limited to payments which may be due and owing at the time of termination. Upon effective date of termination, the County will have no further obligation to provide Services. 8.3. All sums owed by the Customer to the County will become due and payable immediately upon termination of this Agreement. 8.4. In the event that any sum of money owed by the Customer is not paid when due and remains unpaid for a period of thirty (30) days after receipt by the Customer of written notice of such delinquency, the County may terminate this Agreement effective upon seven (7) days of written notice. Section 9 EXCLUSIVE TERMS AND CONDITIONS 9.1. Customer acknowledges that this Agreement supercedes all prior and concurrent agreements and undei'standings, whether written or oral, related to the Services performed. Neither the Agreement nor the Attachments may be altered, amended or modified except by written agreement signed by authorized representatives of both Governments. 9.2. In the event of a conflict between the main body of this Agreement and any Attachments, the main body of this Agreement will take precedence, unless the Attachment specifically states otherwise. 9.3. The Governments agree that the Department is a department of and under the supervision of the County. Ail employees ofthe Department are County employees. 9.4. The County hereby appoints the Pitkin County Sheriff, or his/her designee, as the administrator responsible for the Department. 9.5. The Governments agree and understand that the operations of the Department shall be managed by the Communications Director of the Aspen/Pitkin County Communications Center, who shall have the following authority, duties and responsibilities: (i) Responsibility for the day-to-day operations and long-range planning as directed and within the policy guidelines established. (ii) Employ and have power to discharge all Department personnel, subject to the requirements of the County personnel system. (iii) Prepare and recommend to the County and Customer an annual operating budget and provide financial activity reports. (iv) Apply for such grants, as are deemed necessary and desirable for the operation or upgrade of the communications system(s). (v) Facilitate regular meetings, the purpos$ of which is to coordinate technical and op.erational communications issues and to share information about future technologies. 9.6. The acquisition of Equipment, including budgeting and procurement issues will be the responsibility of the Customer. The Customer shall consult the Department prior to the acquisition of Equipment. The Department will have conceptual approval over the acquisition of any piece of Equipment by the Customer. The reason for this is to ensure compatibility with the current communications system(s) and to ensure we can Service the Equipment. 9.7. In the event the Customer purchases Equipment that the Department was not .consulted prior to the acquisition and the Equipment is unfamiliar to the Department and the Customer wishes to have the Department Service the Equipment then: (i) It will be up to the Customer, by whatever means, to provide training, manuals, materials, supplies, etc., to the Department personnel. (ii) Otherwise, the Equipment will not be added to the Agreement and the Department will not be responsible for Servicing that Equipment. 9.8. If the Customer purchases Equipment that is not compatible with the current ommumcatzons system(s), the Customer will be solely responsible for finding a solution to this issue. Neither the County nor the Department will be held responsible for finding a solution if they were not consulted prior to the acquisition of that piece of Equipment. Section 10 MATERIALS, TOOLS AND EQUIPMENT 10.1. All tools, equipment, gauges, drawings, so~ware programs or other materials paid for or furnished by the County for the purpose of this Agreement will be and remain the sole property of the County. The Customer will safeguard all Such property while it is still in the Customer's custody or control, be liable for any loss or damage to such property and return to the County upon request. Section 11 GENERAL TERMS 11.I Neither party is liable for delays or lack of performance from any causes such as material shortages, personnel shortages, or acts of God that are beyond that pa~y's reasonable control. 11.2. If the Department provides Services after termination of expiration of this Agreement, the terms and conditions and any prices in effect at that time of the termination or expiration will apply to those Services. 11.3. It is the understanding of the Governments that this Agreement will be automatically renewed on an annual basis by the adoption of an annual budget for each successive year, which could include modifications of costs and equipment lists. The Department will notify the Customer of any modifications before the Customer's budget process. Since timelines on budget processes differ from agency to agency, it will be up to the Customer to notify the Department ora timeframe when budget is due. 11.4. As a County owned and operated system, all costs not specified otherwise herein, insurance, County administration, etc., shall be the responsibility of the County. Section 12 WARRANTY 12.1. The Depat'tx,ent will perform all Services in good faith. The Customer will not be continuously billed for the same Service on the same piece of Equipment when the Department is at fault for not solving the Service request. 12.2. The Department will honor vendors' warranties. The Customer will need to provide the Department with all warranty information for Equipment Serviced, if necessary. ATTEST: BOARD OF COUNTY COMMISSIONERS L' co ,co .o Do ~e1 t-ette Jor~es /" BY:'Ja~l~,Hatfield, Chairp~oa/an~ Duty Clerk &~l ecorder Date: .$-$1~/-~ ..e Date:,, ~/~ ~/d3 RECOMMENDED FOR APPROVAL: SHERIFF'S APPROVAL Mark~"Gamrat ~ "- - ' RobeffC. Braudis -- Communications Director Pitkin County Sheriff APPROVED AS TO FORM: CITY OF ASPEN John Ely ~ County Attorney ~'l'City Manager Date: /-3 ~ '3 Date: INTERGOVERNMENTAL AGREEMENT FOR TECHNICAL SERVICES PROVIDED THROU~GH PITKIN COUNTY between the BOARD OF COUNTY C.OM~MISSION~I~- OF ~ITKIN COUNTY, COLORADO, a Home Rule County, hereinafter referr6(:l to as th[ "Count~" and the own of Basalt., COLORADO, a statutory mume~pahty, here:nailer referred to as the "Customer". Together, the County and Customer are referred to as the "Govemments~'. RECITALS 1. The Governments desire to enter into this Agreement at this time so that the County will provide technical services to the Customer. 2. The Customer requires certain technical services and the' County has the capability to provide those technical services. 3. Sections 29-1-201 through Sections 29-1-203, C.R.S., a~ amended, authorize local governments to cooperate and contract with other governments to provide services and share costs, among other things, NOW, THEREFORE, in consideration of the obligations, covenants and terms expressed herein, the Governments agree as follows: Section I DEFINITIONS 1.1. "Agreement" means this Intergovernmental Agreement and its Attachments, Exhibits, etc., if any, which are attached hereto and incorporated herein by this reference. 1.2. "Equipment" means public safety communications equipment that is specified in Attachment "B" or that is subsequently added to this Agreement and used by the Governments. 1.3. "Department" means Pitkin County Technical Services Department. Section 2 ACCEPTANCE ~ __ 2.1. The Customer accepts thor Cost Allocation Method (circle on~e). These methods are explained in Section .~6'6-'/~ 2.2. If any Customer wishes to accept the Cost Allocation Method, a list of Equipment will need to be provided to the Department by the Customer at the time of Agreement acceptance. A dollar amount cannot be calculated without the Equipment list. The list of Equipment will be part of this Agreement and will be shn~vn as Attachment "C". The new calculation chart will be shown as Attachment "D". // 2.3. The Customer agrees to accept the terms of this Agreement and to pay the prices set forth herein. The terms and conditions set forth in this Agreement and in the Attachments will become binding only when accepted in writing by the County. The term ofthis Agreement will commence on the date specified in the Agreement, including any Attachments. 2.4. ' The initial term of the Agreement shall be January l, 2003 through December 31, 2003. See Section 11.3 for renewals. Section 3 SCOPE OF SERVICES 3.1. The Department will provide the following technical services and will be named "Service(s)," herein. (i) Installation - items included are repeaters, base stations, control stations, pagers, and portable radios. Installation and/or removal of Equipment on emergency vehicles will be negotiated on a case-by-case basis. (ii) Maintenance - the Department will provide preventative and regular maintenance'to Equipment when required by the Customer or Department. It will be up to the Customer to notify the Department when Equipment needs maintenance. (iii) Repair - if the Equipment no longer functions the way it was designed to, the Department will repair the Equipment to the best of its ability. From time to time Equipment will need to be sent to a qualified repair vendor for various reasons, see Section 5. (iv) Support - the Department will provide support to the Customer for their Equipment. This includes, but not limited too, answering questions, giving options and/or advice, consulting, etc. (v) Training - the Department will provide user training to the Customer for their Equipment. (vi) Programming - the Department will program the CuStomer's Equipment. All Equipment will be programmed so that it is compatible with the communications system(s) and the Customer's needs. (vii) Other Services - the Department can provide other Services not listed and will be negotiated on a case-by-case basis. Certain Services may require a more particular description or definition, or may require detailed Statement(s) of Work. If particular descriptions or Statement(s) of Work are required, and are therefore attached to this Agreement, the Governments hereby agree to be bound by any additional terms included in the Attachments. 3.2. The Department may also provide additional services at the Customer's request. Such additional Services will be billed at the County's hourly rate set forth in this Agreement. 3.3. If the Equipment cannot, in the Department's or qualified vendor's opinion, be properly or economically serviced for any reason including excessive wear, unavailability of parts, the state of technology or the practical feasibility of the scope of Services as specified in the Agreement, the County may: (i) modify the scope of Services related to such Equipment; (ii) remove such Equipment from this Agreement; or (iii) increase the price to Service such Equipment. 3.4. All Equipment purchased by the Customer through the Department will be compatible with the current public safety communications system(s) and will automatically added to this Agreement. 3.5. If the Department is providing Services for Equipment: (i) recommended manufacturer parts and supplies will be used; (ii) the Equipment will be Serviced at levels set forth by the manufacturer's product manuals; and (iii) routine service procedures that are prescribed from time to time by the manufacturer for its products will be followed. 3.6. The Department will function as coordinator and advisor to the Customer regarding the acquisition of Equipment. 3.7. The Department will order Equipment at the Customer's request.' The County will pay for the Equipment and the Department will bill the Customer, in full, for the Equipment. The purpose of this is to avoid late payments to the vendor. 3.8. Services will be performed by the Department in a timely manner. Depending on the workload and resources of the Department at the time of a Service request by the Customer, some Services may require more time to address. If Equipment is not functioning and the Customer cannot perform its normal job duties without the Equipment and there are no other options for the Customer, these requests will be addressed immediately. Section 4 EXCLUI)ED SERVICES 4.1. Emergency vehicle radio, siren, lighting, gun rack, r~dar, video and cell phone installations and removals are not covered by this Agreement. This means no new or used Equipment will be installed or removed from an emergency vehicle. Section 3 still applies to the Equipment. 4.2. Unless specifically set forth is this Agreement, Service does not include items that are consumed in the course of normal operations of the Equipment, such as, but not limited to, power supplies, batteries, antennas, belt clips, mics, chargers, etc. The Customer agrees to pay for these items, as needed. 4.3. Unless specifically set forth in or added to this Agreement, any specialized materials, supplies, programs, licenses, tools or equipment needed to perform a task assigned to the Department by the Customer is not covered by this Agreement. The Customer agrees to purchase such items if the Customer wishes the Department to Service that Equipment. Section 5 RIGHT TO SUBCONTRACT/ASSIGNMENT 5.1. The Department has the right to outsource to a qualified vendor any piece of Equipment that cannot be Serviced by the Department and the Customer will pay all vendor costs associated with that piece of Equipment. The reason for this is time constraints on the Department, beyond the expertise of the Department, lack of proper testing and repair equipment, not cost-effective for the Customer or the County to repair the Equipment, or the Equipment is not familiar to the Department. Section 6 TIME AND PLACE OF SERVICE 6.1. Service will be provided at the Technical Services Department located at 515 E. Bleeker St. Aspen, CO. When the Department performs Service at the Customer's location, the Customer agrees to provide a safe working environment with full and free access to the Equipment. Hours of Service will be 0700 hours to 1700 hours, excluding weekends and holidays. After hours Service will be provided when the Customer cannot function in their normal duties and there are no other options available to temporarily alleviate the issue. Section 7 FEES~ 7.1. .Hourly Rate Method: Unless otherwise stated in the Agreement, any provided to the Customer will be billed at a rate of $55 per hour. Travel time will added to any Service call, if appropriate. Fractions of an hour worked will be billed as follows: I to 15 .minutes - $0 per hour, 16 to 45 minutes - $27.50 per hour, 46 to 60 minutes - $55 per hour. A log of hours worked will be kept by the Department along with a description ofthe Service provided. Customer will be billed for Services and any' other associated costs on a monthly basis. 7.2. Cost Allocation Method: Each piece of Equipment is worth one hour of labor per year: therefore each piece of Equipment is worth $55 per year. For example, two radios are worth $I 10 per year. By adding all the Equipment together using this method you get a dollar sum. This dollar sum is then multiplied by $1.25 to get the total amount for the year. The $1.25 is for administrative time and miscellaneous materials and supplies, such as; wire, nuts, bolts, fuses, fasteners, etc. Attachment A shows an example of how this yearly amount is calculated. Attachment B shows the types of Equipment. Customer will be billed in the second quarter of the year for that set amount. This method also includes travel time. 7.3. The Department will be available for emergency call out outside the regular Service hours. Customer will be billed at $82.50 per hour. Travel time will be added to the call.out. Fractions oran hour will be billed as follows: I to 15 minutes - $0 per hour, 16 to 45 minutes - $41.25 per hour, 46 to 60 minutes - $82.50 per hour. This applies only to the Hourly Rate Method. 7.4. The Hourly Rate and Cost Allocation Methods include minor materials a6d supplies, such as, wire, nuts bolts, fuses, fasteners, etc. Also factored in both methods are Department administration time, Department vehicle maintenance and supplies, and other duties not specified in this Agreement. 7.5. All invoices must be paid in full within thirty (30) days of receipt. A 2% late fee per month will be charged on all late payments. Section 8 DEFAULT/TERMINATION 8.1. If either party defaults in the performance ofany of its obligations set forth in this Agreement and the default remains uncured for a period of thirty (30) days after receipt by such party of written notice from the other party detailing specific contractual obligation and the nature of the default thereunder, then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon the giving notice in writing to the defaulting party. 8.2. Any termination of this Agreement will not relieve the party of obligations previously incurred pursuant to this Agreement, including but not limited to payments which may be due and owing at the time of termination. Upon effective date of termination, the County will have no further obligation to provide Services. , 8.3. All sums owed by the Customer to the County will become due and payable immediately upon termination of this Agreement. 8.4. In the event that any sum of money owed by the Customer is not paid when due and remains unpaid for a period of thirty (30) days after receipt by the Customer of written notice of such delinquency, the County may terminate this Agreement effective upon seven (7) days of written notice. Section 9 EXCLUSIVE TERMS AND CONDITIONS 9.1. Customer acknowledges that this Agreement supercedes all prior and concurrent agreements and understandings, whether written or oral, related to the Services performed. Neither the Agreement nor the Attachments may be altered, amended or modified except by written a~eement signed by authorized representatives of both Governments. 9.2. In the event of a conflict between the main body of this Agreement and any Attachments, the main body of this Agreement will take precedence, unless the Attachment specifically states otherwise. 9.3. The Governments agree that the Department is a department of and under the supervision of the County. All employees of the Department are County employees. /5' i 9.4. The County hereby appoints the Pitkin County Sheriff, or his/her designee, as the administrator responsible for the Department. 9.5. The Governments agree and understand that the operations of the Department shall be .managed by the Communications Director of the Aspen/Pitkin County Communications Center, who shall have the following authority, duties and responsibilities: (i) Responsibility for the day-to-day operations and long-range planning as directed and within the policy guidelines established. (ii) Employ and have power to discharge all Department personnel, subject to the requirements of the County personnel system. (iii) Prepare and recommend to the County and Customer an annual operating budget and provide financial activity reports. (iv) Apply for such grants, as are deemed necessary and desirable for the operation or upgrade of the communications syStem(s). (v) Facilitate regular meetings, the purpose of which is to coordinate technical and operational communications issues and to share information about future technologies. 9.6. The acquisition of Equipment, including budgeting and procurement issues will be the responsibility of the Customer. The Customer shall consult the Department prior to the acquisition of Equipment. The Department will have conceptual approval over the acquisition of any piece of Equipment by the Customer. The reason for this is to ensure compatibility with the current communications system(s) and to ensure we can Service the Equipment. 9.7. In the event the Customer purchases Equipment that the Department was not consulted prior to the acquisition and the Equipment is unfamiliar to the Department and the Customer wishes to have the Department Service the Equipment then: (i) It will be up to the Customer, by whatever means, to provide training, manuals, materials, supplies, etc., to the Department personnel. (ii) Otherwise, the Equipment will not be added to the Agreement and the Department will not be responsible ?or Servicing that Equipment. 9.8. If the Customer purchases Equipment that is not compatible with the current communications system(s), the Customer will be solely responsible for finding a solution to this issue. Neither the County nor the Department will be held responsible for finding a solution if they were not consulted prior to the acquisition of that piece of Equipment. Section 10 MATERIALS, TOOLS AND EQUIPMENT 10.1. All tools, equipment, gauges, drawings, software programs or other materials paid for or furnished by the County for the purpose of this Agreement will be and remain the sole property of the County. The Customer will safeguard all such property while it is still in the Customer's custody or control, be liable for any loss or damage to such property and return to the County upon request. Section 11 GENERAL TER3iS 11.1 Neither party is liable for delays or lack of performance from any causes such as material shortages, personnel shortages, or acts of God that are beyond that party's reasonable control. 11.2. If the Department provides Services after termination 'of expiration of this Agreement, the terms and conditions and any prices in effect at that time of the termination or expiration will apply to those Services. 11.3. It is the understanding of the Governments that this Agreement will be automatically renewed on an annual basis by the adoption of an annual budget for each successive year, which could include modifications of costs and equipment lists. The Department will notify the Customer of any modifications before the Customer's budget process. Since timelines on budget processes differ from agency to agency, it will be up to the Customer to notify the Department ora timeframe when budget is due. 11.4. As a County owned and operated system, all costs not specified otherwise herein, insurance, County administration, etc., shall be the responsibility of the County. Section 12 WARRANTY 12.1. The Department will perform all Services in good faith. The Customer will not be continuously billed for the same Service on the same piece of Equipment when the Department is at fault for not solving the Service request. 12.2. The Department will honor vendors' warranties. The Customer will need to provide the Department with all warranty information for Equipment Serviced, if necessary. T: BOARD OF COUNTY COMMISSIONERS PITKIN COUNTY, COLORADO J ~rlatfield, Chai~rl~r. sen nt,~ ~./ Date: ~-03 Date:,, /7 RECOMMENDED FOR APPROVAL: SHERIFF'S APPROVAL Communications Director Pitkin County Sheriff  TOWN OF BASALT John Ely Keith Ikeda County Attorney Basalt Police Chief Date: tt- 3 ~'e5 ~ Date: Oq,~,/Ct ~ · INTERGOVERNMENTAL AGREEMENT FOR TECHNICAL SERVICES PROVIDED THROf~GH PITKIN COUNTY bTHIS AGREEMENT is entered into this .~t.t~_~day o f. _~(J.~.~_[k~J , 2003, by an~ etxvecn the BOARD OF COUNTY' C.OMMISSIONEgS'OF"~iTKiN COUNTY, COLORADO, a Home Rule County, here~na~er referred/to as th~ "County", and the Town of Snowmass Village, COLORADO, a statutory municipality, hereinafter referred to as the "Customer". Together, the County and Customer are referred to as the "Governments". RECITALS 1. The Governments desire to enter into this Agreement at this time so that the County will provide technical services to the Customer. 2. The Customer requires certain technical services and the County has the capability to provide those technical services. 3. Sections 29-1-201 through Sections 29-1-203, C.R.S., as amended, authorize local governments to cooperate and contract with other governments to provide services and share costs, among other things, NOW, THEREFORE, in consideration ofthe obligations, covenants and terms expressed herein, the Governments agree as follows: Section I DEFINITIONS 1.1. "Agreement" means this Intergovernmental Agreement and its Attachments, Exhibits, etc., ifany, which are attached hereto and incorporated herein by this reference. 1.2. "Equipment" means public safety communications equipment that is specified in Attachment "B" or that is subsequently added to this Agreement and used .by the Governments. 1.3. "Department" means Pitkin County Technical Services Department. Section 2 ACCEPTANCE 2.1. The Customer accepts th~ourlv Ra~ Cost Allocation Method (circle one). These methods are explained in Section 7. 2.2. If any Customer wishes to accept the Cost Allocation Method, a list of Equipment will need to be provided to the Department by the Customer at the time of Agreement acceptance. A dollar amount cannot be calculated without the Equipment list. The list of Equipment will be part of this Agreement and will be shown as Attachment "C". The new calculation chart will be shown as Attachment "D". 2.3. The Customer agrees to accept the terms of this Agreement and to pay the prices set forth herein. The terms and conditions set forth in this Agreement and in the Attachments will become binding only when accepted in writing by the County. The term of this Agreement will commence on the date specified in the Agreement, including any Attachments. 2.4. The initial term of the Agreement shall be January 1, 2003 through December 3 I, 2003. See Section 11.3 for renewals. Section 3 SCOPE OF SERVICES 3.1. The Department will provide the following technical services and will bc named "Service(s)," herein. · (i) Installation - items included are repeaters, base stations, control stations, pagers, and portable radios. Installation and/or removal of Equipment on emergency vehicles will be negotiated on a case-by-case basis. (ii) Maintenance - the Department will provide preventative and regular maintenance to Equipment when required by the Customer or Department. It will be up to the Customer to notify the Department when Equipment needs maintenance. (iii) Repair - if the Equipment no longer functions the way it was designed to, the Department will repair the Equipment to the best of its ability. From time to time Equipment will need to be sent to a qualified repair vendor for various reasons, see Section 5. (iv) Support - the Department will provide support to the Customer for their Equipment. This includes, but not limited too, answering questions, giving options and/or advice, consulting, etc. (v) Training - the Department will provide user training to the Customer for their Equipment. (vi) Programming - the Department will program the Customer's Equipment. All Equipment will be programmed so that it is compatible with the communications system(s) and the Customer's needs. (vii) Other Services - the Department can provide other Services not listed and will be negotiated on a case-by-case basis. Certain Services may require a more particular description or definition, or may require detailed Statement(s) of Work. If particular descriptions or Statement(s) of Work are required, and are therefore attached to this Agreement, the Governments hereby agree to be bound by any additional terms included in the Attachments. 3.2. Thc Department may also provide additional services at the Customer's request. Such additional Services will be billed at the County's hourly rate set forth in this Agreement. 3.3. If the Equipment cannot, in the Department's or qualified vendor's opinion, be properly or economically serviced for any reason including excessive wear, unavailability of parts, the state of technology or the practical feasibility of the scope of Services as specified in the Agreement, the County may: (i) modify the scope of Services related to such Equipment; (ii) remove such Equipment from this Agreement; or (iii) increase the price to Service such Equipment. 3.4. All Equipment purchased by the Customer through the Department will be compatible with the current public safety communications system(s) and will automatically added to this Agreement. 3.5. If the Department is providing Services for Equipment: (i) recommended manufacturer parts and supplies will be used; (ii) the Equipment will be Serviced at levels set forth by the manufacturer's product manuals; and (iii) routine service procedures that are prescribed from time to time by the manufacturer for its products will be followed. 3.6. The Department will function as coordinator and advisor to the Customer regarding the acquisition of Equipmant. 3.7. The Department will order Equipment at the Customer's request. The County will pay for the Equipment and the Department will bill the Customer, in full, for the Equipment. The purpose of this is to avoid late payments to the vendor. 3.8. Services will be performed by the Department in a timely manner. Depending on the workload and resources of the Department at the time of a Service request by the Customer, some Services may require more time to address. If Equipment is not functioning and the Customer cannot perform its normal job duties without the Equipment and there are no other options for the Customer, these requests will be addressed immediately. Section 4 EXCLUDED SERVICES 4.1. Emergency vehicle radio, siren, lighting, gun rack, radar, video and cell phone installations and removals are not covered by this Agreement. This means no new or used Equipment will be installed or removed from an emergency vehicle. Section 3 still applies to the Equipment. 4.2. Unless specifically set forth is this Agreement, Service does not include items that are consumed in the course of normal operations of the Equipment, such as, but not limited to, power supplies, batteries, antennas, belt clips, mics, chargers, etc. The Customer agrees to pay for these items, as needed. 4.3. Unless specifically set forth in or added to this Agreement, any. specialized materials, supplies, programs, licenses, tools or equipment needed to perform a task assigned to the Department by the Customer is not covered by this Agreement. The Customer agrees to purchase such items if the Customer wishes the Department to Service that Equipment. Section 5 RIGHT TO SUBCONTRACT/ASSIGNMENT 5.1. The Department has the right to outsource to a qualified vendor any piece of Equipment that cannot be Serviced by the Department and the Customer will pay all vendor costs associated with that piece of Equipment. The reason for this is time constraints on the Department, beyond the expertise of the Department, lack of proper testing and repair equipment, not cost-effective for the Customer or the County to repair the Equipment, or the Equipment is not familiar to the Department. Section 6 TIME AND PLACE OF SERVICE 6.1. Service will be provided at the Technical Services Department located at 515 E. Bleeker St. Aspen, CO. When the Department performs Service at the Customer's location, the Customer agrees to provide a safe working environment with full and free access to the Equipment. Hours of Service will be 0700 hours to 1700 hours, excluding weekends and holidays. After hours Service will be provided when the Customer cannot function in their normal duties and there are no other options available to temporarily alleviate the issue. Section 7 FEES AND PAYMENT 7.1. .Hourly Rate Method: Unless otherwise stated in the Agreement, any Service provided to the Customer will be billed at a rate of $55 per hour. Travel time will be added to any Service call, if appropriate. Fractions of an hour worked will be billed as follows: I to 15 minutes - $0 per hour, 16 to 45 minutes - $27.50 per hour, 46 to 60 minutes - $55 per hour. A log of hours worked will be kept by the Department along with a description of the Service provided. Customer will be billed for Services and any other associated costs on a monthly basis. 7.2. Cost Allocation Method: Each piece of Equipment is worth one hour of labor per year: therefore each piece of Equipment is worth $55 per year. For example, two radios are worth $110 per year. By adding all the Equipment together using this method you get a dollar sum. This dollar sum is then multiplied by $1.25 to get the total amount for the year. The $1.25 is for administrative time and miscellaneous materials and supplies, such as; wire, nuts, bolts, fuses, fasteners, etc. Attachment A shows an example of how this yearly amount is calculated. Attachment B shows the types o/' Equipment. Customer will be b!lled in the second quarter of the year for that set amount. This method also includes travel time. 7.3. The .Department will be available for emergency call out outside the regular Service hours. Customer will be billed at $82.50 per hour. Travel time will be added to the call out. Fractions of an hour will be billed as follows: I to 15 minutes - $0 per hour, 16 to 45 minutes - $41.25 per hour, 46 to 60 minutes - $82.50 per hour. This applies only to the Hourly Rate Method. 7.4. The Hourly Rate and Cost Allocation Methods include minor materials and supplies, such as, wire, nuts bolts, fuses, fasteners, etc. Also factored in both methods are Department administration time, Department vehicle maintenance and supplies, and other duties not specified in this Agreement. 7.5. All invoices must be paid in full within thirty (30) days of receipt. A 2°A late fee -per month will be charged on all late payments. Section 8 DEFAULT/TER311NATION 8.1. If either party defaults in the performance of any of its obligations set forth in this Agreement and the default remains uncured for a period of thirty (30) days after receipt by suel~ party of written notice from the other party detailing specific contractual obligation and the nature of the default thereunder, then the injured party, in addition to any other fights available to it under law, may immediately terminate this Agreement effective upon the giving notice in writing to the defaulting party. 8.2. Any termination of this Agreement will not relieve the party of obligations previously incurred pursuant to this Agreement, including but not limited to payments which may be due and owing at the time of termination. Upon effective date of termination, the County will have no further, obligation to provide Services. 8.3. All sums owed by the Customer to the County will become due and payable immediately upon termination of this Agreement. 8.4. In the event that any sum of money owed by the Customer is not paid when due and remains unpaid for a period of thirty (30) days after receipt by the Customer of written notice of such delinquency, the County may terminate this Agreement effective upon seven (7) days of written notice. Section 9 EXCLUSIVE TERMS AND CONDITIONS 9.1. Customer acknowledges that this Agreement supercedes all prior and concurrent agreements and understandings, whether written or oral, related to the Services performed. Neither the Agreement nor the Attachments may be altered, amended or modified except by written agreement signed by authorized representatives of both Governments. 9.2. In the event of a conflict between the main body of this Agreement and any Attachments, the main body of this Agreement will take precedence, unless the Attachment specifically states otherwise. 9.3. The Governments agree that the Department is a department of and under the supervision of the County. All employees ofthe Department are County employees. 9.4. The County hereby appoints the Pitkin County Sheriff, or his/her designee, as the administrator responsible for the Department. 9.5. The Governments agree and understand that the operations of the Department shall be managed by the Communications Director of the Aspen/Pitkin County Communications Center, who shall have the following authority, duties and responsibilities: (i) Responsibility for the day-to-day operations and long-range planning as directed and within the policy guidelines established. (ii) Employ and have power to discharge all Department personnel, subject to the requirements of the County personnel system. (iii) Prepare and recommend to the County and Customer an annual operating budget and provide financial activity reports. (iv) Apply for such grants, as are deemed necessary and desirable for the operation or upgrade of the communications system(s). (v) Facilitate regular meetings, the purpose of which is to coordinate technical and operational communications issues and to share information about future technologies. 9.6. The acquisition of Equipment, including budgeting and procurement issues will. be the responsibility of the Customer. The Customer shall consult the Department prior to the acquisition of Equipment. The Department will have conceptual approval over the acquisition of any piece of Equipment by the Customer. The reason for this is to ensure compatibility with the current communications system(s) and to ensure we can Service the Equipment. 9.7. In the event the Customer pumhases Equipment that the Department was not consulted prior to the acquisition and the Equipment is unfamiliar to the Department and the Customer wishes to have the Department Service the Equipment then: (i) It will be up to the Customer, by whatever means, to provide training, manuals, materials, supplies, etc., to the Department personnel. (ii) Otherwise, the Equipment will not be added to the Agreement and the Department will not be responsible for Servicing that Equipment. 9.8. If the Customer pumhases Equipment that is not compatible with the current communications system(O, the Customer will be solely responsible for finding a solution to this issue. Neither the County nor the Department will be held responsible for finding a solution if they were not consulted prior to the acquisition of that piece of Equipment. Section 10 MATERIALS, TOOLS AND EQUIPMENT 10.1. All tools, equipment, gauges, drawings, software programs or other materials paid for or furnished by the County for the purpose of this Agreement will be and remain the sole property of the County. The Customer will safeguard all such property while it is still in the Customer's custody or control, be liable for an~ loss or damage to such property and return to the County upon request. Section 11 GENERAL TERMS 11.1 Neither party is liable for delays or lack of performance from any causes such as material shortages, personnel shortages, or acts of God that are beyond that party's reasonable control. 11.2. If the Department provides Services after termination of expiration of this Agreement, the terms and conditions and any prices in effect at that time of the termination or expiration will apply to those Services. 11.3. It is the understanding of the Gov6mments that this Agreement will be automatically renewed on an annual basis by the adoption of an annual budget for each successive year, which could include modifications of costs and equipment lists. The Department will notify the Customer of any modifications before the Customer's budget process. Since timelines on budget processes differ from agency to agency, it will be up to the Customer to notify the Department o fa timeframe when budget is due. 11.4. As a County owned and operated system, all costs not specified otherwise herein, insurance, County administration, etc., shall be the responsibility of the County. Section 12 WARRANTY 12.1. The Department will perform all Services in good faith. The Customer will not be continuously billed for the same Service on the same piece of Equipment when the Department is at fault for not solving the Service request. 12.2. The Department will honor vendors' warranties. The Customer will need to provide the Department with all warranty information for Equipment Serviced, if necessary. ~2~2 'EST: BOARD OF COUNTY COMMISSIONERS ( PITKIN COUNTY, COLORADO Jean rte Jones I By: De~y ,ty Clerk & Rea er Ja~L~,Hatfield, Chai~,~t/t'/g Date: ~'-~) t/~~ ~ Date:. ~/a $//03 RECOMMENDED FOR APPROVAL: SHERIFF'S APPROVAL Communications Director Pitkin County Sheriff APPRf2.3~F.,I~.._A~S TO FORM: ' · -~ ~ ~. --~:~-~ TOWN OF SNOWMASS VILLAGE: John Ely Art Smythc County Attorney Snowmass Village Police Chief Date: /'3-03 Date: ~loc~ ~0"~ ATTACHMENT "B' EQUIPMENT LIST AND DEFINITIONS REPEATERS (generally located on mountain tops with antennas mounted on towers) BASE STATIONS (located on mountain tops or in buildings with antennas) CONTROL STATIONS (located in buildings, includes dc/tone remotes & stand alone mobile radios on power supplies) PORTABLE RADIOS (VHF, UHF, 800 MHz, Aviation, Citizen Band) MOBILE RADIOS-TRUNK MOUNTED (two-piece with control head separate from main radio) MOBILE RADIOS-DASH MOUNTED (one-piece with control head include with main radio) PAGER (alphanumeric, numeric or voice) LIGHTBAR (roof mounted lights or dash/rear mounted lights) STROBES/WIGWAGS (all additional lighting on emergency vehicles) S/PEN CONTROL HEAD (siren and/or lightbar switch box) SIREN (outside speaker to control head) CELLULAR-MOBILE (two-piece with handset includes antenna) RADAR (dash mounted speed detector) VIDEO (in vehicle recording uni0 GUN RACK (trunk or inside root'mounted to control head) INTERGOVERNMENTAL AGREEMENT FOR TECHNICAL SERVICES PROVIDED THRIS"rlGH PITKIN COUNTY THIS AGREEMENT is entered into this .~t__~ay o~ .~'{~, ". ,2003, by and ~tween the BOARD OF COUNTY COMMISSIONt~ OF {~ITKIN COUNTY, OLORADO, a Home Rule County, hereinafter rcferri:c'[ to as the "County", and the Aspen Fire Protection District, COLORADO, a quasi-municipal corporation, hereinafter referred to as the "Customer". Together, the County and Customer are referred to as the "Governments". RECITALS 1. The Governments desire to enter into this Agreement at this time so that the County will provide technical services to the Customer. 2. The Customer requires certain technical services and the County has the capability to provide those technical services. 3. Sections 29-1-201 through Sections 29-1-203, C.R.S., as amended, authorize local governments to cooperate and contract with other governments to provide services and share costs, among other things, NOW, THEREFORE, in consideration of the obligations, covenants and terms expressed herein, the Governments agree as follows: Section 1 DEFINITIONS 1.1. "Agreement" means this Intergovernmental Agreement and its Attachments, Exhibits, crc., ifany, which are attached hereto and incorporated herein by this reference. 1.2. "Equipment" means public safety communications equipment that is specified in Attacluncnt "B" or that is subsequently added to this Agreement and used by the Governments. 1.3. "Department" means Pitkin County Technical Services Department. Section 2 ACCEPTANCE 2.1. _,The Customer accepts t.h~ Cost Allocation Method (circle one). snese methods are explmned m Section 7. 2.2. If any Customer wishes to accept the Cost Allocation Method, a list of Equipment will need to be provided to the Department by the Customer at the time of Agreement acceptance. A dollar amount cannot be calculated without the Equipment list. The list of Equipment will be part of this Agreement and will be shown as Attachment "C". The new calculation char~ will be shown as Attachment "D". 2.3. The Customer agrees to accept the terms of this Agreement and to pay the prices set forth herein. The terms and conditions set forth in this Agreement and in the Attachments will become binding only when accepted in writing by the County. The term of this Agreement will commence on the date specified in the Agreement, including any Attachments. 2.4. The initial term of the Agreement shall be January 1, 2003 through December 31, 2003. See Section 11.3 for renewals. Section 3 SCOPE OF SERVICES 3.1. The Department will provide the following technical services and will be named "Service(s)," herein. (i) Installation - items included arc repeaters, base stations, control stations, pagers, and portable radios. Installation and/or removal of Equipment on emergency vehicles will be negotiated on a case-by-case basis. (ii) Maintenance - thc Department will provide preventative and regular maintenance to Equipment when required by the Customer or Department. It will be up to the Customer to notify the Department when Equipment needs maintenance. (iii) Repair - if the Equipment no longer functions the way it was designed to, the Department will repair the Equipment to the best of its ability. From time to time Equipment will need to be sent to a qualified repair vendor for various reasons, see Section 5. (iv) Support - the Department will provide support to the Customer for their Equipment. This includes, but not limited too, answering questions, giving options and/or advice, consulting, etc. (v) Training - the Department will provide user training to the Customer for their Equipment. (vi) Programming - thc Department will program the Customer's Equipment. All Equipment will be programmed so that it is compatible with the communications system(s) and the Customer's needs. (vii) Other Services - the Department can provide other Service~ not listed and will be negotiated on a case-by-case basis. Certain Services may require a more particular description or definition, or may require detailed Statement(s) of Work. If particular descriptions or Statement(s) of Work are required, and are therefore attached to this Agreement, the Governments hereby agree to be bound by any additional terms included in the Attachments. 3.2. The Department may also provide additional services at the Customer's request. Such additional Services will be billed at the County's hourly rate set forth in this Agreement. 3.3. If the Equipment cannot, in the Department's or qualified vendor's opinion, be properly or economically serviced for any reason including excessive wear, unavailability of parts, the ~tate of technology or the practical feasibility of the scope of Services as specified in the Agreement, the County may: (i) modify the scope of Services related to such Equipment; (ii) remove such Equipment fromt. his Agreement; or (iii) increase the price to Service such Equipment. 3.4. Ail Equipment purchased by the Customer through the Department will be compatible with the current public safety communications system(s) and will automatically added to this Agreement. 3.5. If the Department is providing Services for Equipment: (i) recommended manufacturer parts and supplies will be used; (ii) the Equipment will be Serviced at levels set forth by the manufacturer's product manuals; and (iii) routine service procedures that are prescribed from time to time by the manufacturer for its products will be followed. 3.6. The Department will function as coordinator and advisor to the Customer regarding the acquisition of Equipment. 3.7. The Department will order Equipment at the Customer's request. The County will pay for the Equipment and the Department will bill the Customer, in full, for the Equipment. The purpose of this is to avoid late payments to the vendor. 3.8. Services will be performed by the Department in a timely manner. Depending on the workload and resources of the Department at the time of a Service request by the Customer, some Services may require more time to address. If Equipment is not functioning and the Customer cannot perform its normal .job duties without the Equipment and there are no other options for the Customer, these requests will be addressed immediately. Section 4 EXCLUDED SERVICES 4.1. Emergency vehicle radio, siren, lighting, gun rack, radar, video and cell phone installations and removals are not covered by this Agreement. 'l'his means no new or used Equipment will be installed or removed from an emergency vehicle. Section 3 st~ll applies to the Equipment. 4.2. Unless specifically set forth is this Agreement, Service does not include items that are consumed in the course of normal operations of the Equipment, such as, but not limited to, power supplies, batteries, antennas, belt clips, mies, chargers, etc. The Customer agrees to pay for these itc/ns, as needed. 4.3. Unless specifically set forth in or added to this Agreement, any specialized materials, supplies, programs, licenses, tools or equipment needed to perform a task assigned to the Depathnent by the Customer is not covered by this Agreement. The 3/ Customer agrees to purchase such items if the Customer wishes the Department to Service that Equipment. Section 5 RIGHT TO SUBCONTRACT/ASSIGNMENT 5.1. The Department has the right to outsource to a qualified vendor any piece of Equipment that cannot be Serviced by the Department and the Customer will pay all vendor costs associated with that piece of Equipment. The reason for this is time constraints on the Department, beyond the expertise of the Department, lack of proper testing and repair equipment, not cost-effective for the Customer or the County to repair the Equipment, or the Equipment is not familiar to the Department. Section 6 TIME AND PLACE OF SERVICE 6.1. Service will be provided at the Technical Services Department located at 515 E. Bleeker St. Aspen, CO. When the Department performs Service at the Customer's location, the Customer agrees to provide a safe working environment with full and free access to the Equipment. Hours of Service will be 0700 hours to 1700 hours, excluding weekends and holidays. After hours Service will be provided when the Customer cannot .function in their normal duties and there are no other options available to temporarily alleviate the issue. Section 7 FEES AND PAYMENT 7.1. Hourly Rate Method: Unless otherwise stated in the Agreement, any Service provided to the Customer will be billed at a rate of $55 per hour. Travel time will be added to any Service call, if appropriate. Fractions of an hour worked will be billed as follows: I to 15 minutes - $0 per hour, 16 to 45 minutes - $27.50 per hour, 46 to 60 minutes - $55 per hour. A log of hours worked will be kept by the Department along with a description ofthe Service provided. Customer will be billed for Services and any other associated costs on a monthly basis. 7.2. Cost Allocation Method: Each piece of Equipment is worth one hour oflabor per year: therefore each piece of Equipment is worth $55 per year. For example, two radios . are worth $110 per year. By adding all the Equipment together using this method you get a dollar sum. This dollar sum is then multiplied by $1.25 to get the total amount for the year. The $1.25 is for administrative time and miscellaneous materials and supplies, such as; wire, nuts, bolts, fuses, fasteners, etc. Attachment A shows an example of how this yearly amount is calculated. Attachment B shows the types of Equipment. Customer will be billed in the second quarter of the year for that set amount. This method also includes travel time. 7.3. The Department will be available for emergency call out outside the regular Service hours. Customer will be billed at $82.50 per hour. Travel time will be added to the call out. Fractions of an hour will be billed as follows: 1 to 15 minutes - $0 per hour, 16 to 45 minutes - $41.25 per hour, 46 to 60 minutes - $82.50 per hour. This applies only to the Hourly Rate Method. 7.4. The Hourly Rate and Cost Allocation Methods include minor materials and supplies, such as, wire, nuts bolts, fuses, fasteners, etc. Also factored in both methods are Department administration time, Department vehicle maintenance and supplies, and other duties not specified in this Agreement. 7.5. All invoices must be paid in full within thirty (30) days of receipt. A 2% late fee per month will be charged on all late payments. Section 8 DEFAULTffER3IINATION 8.1. If either party defaults in the performance ofany of its obligations set forth in this Agreement and the default remains uncured for a period of thirty (30) days after receipt by such party of written notice from the other party detailing specific contractual obligation and the nature of the default thereunder, then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon the giving notice in writing to the defaulting party. 8.2. Any termination of this Agreement will not relieve the party of obligations previously incurred pursuant to this Agreement, including but not limited to payments which may be due and owing at the time of termination. Upon effective date of termination, the County will have no further obligation to provide Services. 8.3. All sums owed by the Customer to the County will become due and payable immediately upon termination of this Agreement. 8.4. In the event that any sum of money owed by the Customer is not paid when due and remains unpaid for a period of thirty (30) days after receipt by the Customer of written notice of such delinquency, the County may terminate this Agreement effective upon seven (7) days of written notice. Section 9 EXCLUSIVE TERMS AND CONDITIONS 9.1. Customer acknowledges that this Agreement supereedes all prior and concurrent agreements and understandings, whether written or oral, related to the Services. performed. Neither the Agreement nor the Attachments may be altered, amended or modified except by written agreement signed by authorized representatives of both Governments. 9.2. In the event of a conflict between the main body of this Agreement and any Attachments, the main body of this Agreement will take precedence, unless the Attachment specifically states otherwise. 9.3. The Governments agree that the Department is a department of and under the supervision of the County. All employees of the Department are County employees. 9.4. The County hereby appoints the Pitkin County Sheriff, or his/her designee, as the administrator responsible for the Department. 9.5. The Governments agree and understand that the operations of the Department shall be managed by the Communications Director of the Aspen/Pitkin County Communications Center, who shall have the following authority, duties and responsibilities: (i) Responsibility for the day-to-day operations and long-range l~lanning as directed and within the policy guidelines established. (ii) Employ and have power to discharge all Department personnel, subject to the requirements of the County personnel system. (iii) Prepare and recommend to the County and Customer an annual operating budget and provide financial activity reports. (iv) Apply for such grants, as are deemed necessary and desirable for the operation or upgrade of the communications system(s). (v) Facilitate regular meetings, the purpose of which is to' coordinate technical and operational communications issues and to share information about future technologies. 9.6.. The acquisition of Equipment, including budgeting and procurement issues will be the responsibility of the Customer. The Customer shall consult the Department prior to the acquisition of Equipment. The Department will have conceptual approval over the acquisition of any piece of Eqnipment by the Customer. The reason for this is to ensure compatibility with the current communications system(s) and to ensure we can Service the Equipment. 9.7. In the event the Customer purchases Equipment that the Department was not consulted prior to the acquisition and the Equipment is unfamiliar to the Department and the Customer wishes to have the Department Service the Equipment then:' (i) It will be up to the Customer, by whatever means, to provide training, manuals, materials, supplies, etc., to the Department personnel. (ii) Otherwise, the Equipment will not be added to the Agreement and the Department will not be responsible for Servicing that Equipment. 9.8. If the Customer purchases Equipment that is not compatible with the current communications system(s), the Customer will be solely responsible for finding a solution to this issue. Neither the County nor the Department will be held responsible for finding a solution if they were not consulted prior to the acquisition of that piece of Equipment. Section 10 MATERIALS, TOOLS AND EQUIPMENT 10.1. Ail tools, equipment, gauges, drawings, s6ftware programs or other materials paid for or furnished by the County for the purpose of this Agreement will be and remain the sole property of the County. The Customer will safeguard all such property while it is still in the Customer's custody or control, be liable for any loss or damage to such property and return to the County upon request. Section 11 GENERAL TERMS 11.1 Neither party is liable for delays or lack of performance from any causes such as material shortages, personnel shortages, or acts of God that are beyond that party's reasonable control. 11.2. If the Department provides Services after termination of expiration of this Agreement, the terms and conditions and any prices in effect at that time of the termination or expiration will apply to those Services. 11.3. It is the understanding of the Governments that this Agreement will be automatically renewed on an annual basis by the adoption of an annual budget for each successive year, w. hich could include modifications of costs and equipment lists. The Department will notify the Customer of any modifications before the Customer's budget process. Since timelines on budget processes differ from agency to agency, it will be up to the Customer to notify the Depaament of a timeframe when budget is due. 11.4. As a County owned and operated system, all costs not specified otherwise herein, insurance, County administration, etc., shall be the responsibility of the County. Section 12 WARRANTY 12.1. The Department will perform all Services in good faith. The Customer will not be continuously billed for the same Service on the same piece of Equipment when the Department is at fault for not solving the Service request. 12.2. The Department will honor vendors' warranties. The Customer will need to provide the Department with all warranty information for Equipment Serviced, if necessary. PITKIN COUNTY, COLORADO .' v-.'{~ ._~ By: Jack~Hatfield, Chai ~rl~i~,on ,n,~,v' ~tte Jones f Di ~ty Clerk & R{ ~rder Date: 3-~)i- ~ "~ Date: ,3/,~ ff/O3 RECOMMENDED FOR APPROVAL: SHERIFF'S APPROVAL Mark ~x ~3~'nrat ~ - ' ',. Braudis Communications Director Pitkin County Sheriff Date: ~ /}w/o~ Date:~~ APPROVED AS TO FORM: ASPEN FIRE PROTECTION DISTRICT: John Ely Sam Stapleton ~/ County Attorney President Date: "'J- ~ 'r53 INTERGOVERNMENTAL AGREEMENT FOR TECHNICAL SERVICES PROVIDED THRCff~,H PITKIN COUNTY bTHIS AG.REEMENT is entered into this -'day or,~..~ ,2~_~_.,,_~, 2003, by and etween the BOARD OF COUNTY C.OMMISSIOb/I~RS OF ~rKIN COUNTY, COLORADO, a Home Rule County, hereinafter referr'e'd to as the "County", and the Carbondale Fire Protection District, COLORADO, a Colorado special district, hereinafter referred to as the "Customer". Together, the County and Customer are referred to as the "Governments". RECITALS 1. The Governments desire to ~nter into this Agreement at this time so that the County will provide technical services to the Customer. 2. The Customer requires certain technical services and the County has the capability to provide those technical services. 3. Sections 29-1-201 through Sections 29-1-203, C.R.S., as ~nended, authorize local governments to cooperate and contract with other governments to provide services and share costs, among other things, NOW, THEREFORE, in consideration of the obligations, covenants and terms expressed herein, the Governments agree as follows: Section 1 DEFINITIONS 1.1. /'Agreement" means this Intergovernmental Agreement and its Attachments, Exhibits, crc., if any, which are attached hereto and incorporated herein by this reference. 1.2. "Equipment" means public safety communications equipment that is specified in Attachment "B' or that is subsequently added to this Agreement and used by the Governments. 1.3. "Department" means Pitkin County Technical Services Department. Section 2 ACCEPTANCE 2.1. The Customer accepts the o~__~--"~.l..l~ Cost Allocation Method (circle one). These methods are explained in ~ection 7. 2.2. If any Customer wishei to accept the Cost Allocation Method, a list of Equipment will need to be provided to the Department by the Customer at the time of Agreement acceptance. A dollar amount cannot be calculated without the Equipment list. The list of Equipment will be part of this Agreement and will be shown as Attachment "C". The new calculation c~art will be shown as Attachment "D". 2.3. The Customer agrees to ac6ept the terms of this Agreement and to pay the prices set forth herein. The terms and conditions set forth in this Agreement and in the Attachments will become binding only when accepted in writing by the County. The term of this Agreement will commence on the date specified in the Agreement, including any Attachments. 2.4. The initial term of the Agreement shall be January 1, 2003 through December 31, 2003. See Section 11.3 for renewals. Section 3 SCOPE OF SERVICES 3.1. The Depa~i~tzent will provide the following technical services and will be named "Service(s)," herein. (i) Installation - items included are repeaters, base stations, control stations, pagers, and portable radios. Installation and/or removal of Equipment on emergency vehicles will be negotiated on a case-by-case basis. (ii) Maintenance - the Department will provide preventative and regular maintenance to Equipment when required by the Customer or Department. It will be up to the Customer to notify the Department when Equipment needs maintenance. (iii) Repair - if the Equipment no longer functions the way it was designed to, the Department will repair the Equipment to the best of its ability. From time to time Equipment will need to be sent to a qualified repziir vendor for various reasons, see Section 5. (iv) Support - the Department will provide support to the Customer for their Equipment. This includes, but not limited too, answering questions, giving options and/or advice, consulting, etc. (v) Training - the Department will provide user training to the Customer for their Equipment. (vi) Programming - the Department will program the Customer's Equipment. All Equipment will be programmed so that it is compatible with the communications system(s) and the Customer's needs. (vii) Other Services - the Department can provide other Services not listed and will be negotiated on a case-by-case basis. Certain Services may require a more particular description or definition, or may require detailed Statement(s) of Work. If particular descriptions or Statement(s) of Work are required, and are therefore attached to this Agreement, the Governments hereby agree to be bound by any additional terms included in the Attachments. 3.2. The Department may also provide additional services at the Customer's request. Such additional Services will be billed at the County's hourly rate set forth in this Agreement. 3.3. If the Equipment cannot, in the Department's or qualified vendor's opinion, be properly or economically serviced for any reason including excessive wear, unavailability of parts, the state of technology or the practical feasibility of the scope of Services as specified in the Agreement, the County may: (i) modify the scope of Services related to such Equipment; (ii) remove such Equipment from this Agreement; or (iii) increase the price to Service such Equipment. 3.4. All Equipment purchased by the Customer through the Department will be ' compatible with the current public safety communications system(s) and will automatically added to this Agreement. 3.5. If the Department is providing Services for Equipment: (i) recommended manufacturer parts and supplies will be used;. (ii) the Equipment will be Serviced at levels set forth by the manufacturer's product manuals; and (iii) routine service procedures that are prescribed from time to time by the manufacturer for its products will be followed. 3.6. The Department will function as coordinator and advisor to the Customer regarding the acquisition of Equipment. 3.7. The Department will order Equipment at the Customer;s request. The County will pay for the Equipment and the Department will bill the Customer, in full, for the Equipment. The purpose ofthis is to avoid late payments to the vendor. 3.8. Services will be performed by the Department in a timely manner. Depending on the workload and resources of the Department at the time of a Service request by the Customer, some Services may require more time to address. If Equipment is not functioning and the Customer cannot perform its normal job duties without the Equipment and ~here are no other options for the Customer, these requests will be addressed immediately. Section 4 EXCLUDED SERVICES 4.1. Emergency vehicle radio, siren, lighting, gun rack, radar, video and cell phone installations and removals are not covered by this Agreement. This means no new or used Equipment will be installed or removed from an emergency vehicle. Section 3 still applies to the Equipment. 4.2. Unless specifically set forth is this Agreement, Service does not include items that are consumed in the course of normal operations of the Equipment, such as, but not limited to, power supplies, batteries, antennas, belt clips, mits, chargers, etc. The Customer agrees to pay for these items, as needed. 4.3. Unless specifically set forth in or added to this Agreement, any specialized materials, supplies, programs, licenses, tools or equipment needed to perform a task assigned to the Department by the Customer is not covered by this Agreement. The Customer agrees to purchase such items if the Customer wishes the Department to Service that Equipment. Section 5 RIGHT TO SUBCONTRACT/ASSIGNMENT 5.1. The Department has the right to outsource to a qualified vendor any piece of Equipment that cannot be Serviced by the Department and the Customer will pay all vendor costs associated with that piece of Equipment. The reason for this is time constraints on the Department, beyond the expertise of the Department, lack of proper testing and repair equipment, not cost-effective for the Customer or the County to repair the Equipment, or the Equipment is not familiar to the Department. Section 6 TIME AND PLACE OF SERVICE 6.1. Service will be provided at the Technical Services Department located at 515 E. Bleeker St. Aspen, CO. When the Department performs Service at the Customer's location, the Customer agrees to provide a safe working environment with full and free access to the Equipment. Hours of Service will be 0700 hours to 1700 hours, excluding weekends and holidays. After hours Service will be provided when the Customer cannot function in their normal duties and there are no other options available to temporarily alleviate the issue. Section 7 FEES AND PAYMENT 7.1. Hourly Rate Method: Unless otherwise stated in the Agreement, any Service provided to the Customer will be billed at a rate of $55 per hour. Travel time will be added to any Service call, if appropriate. Fractions of an hour worked will be billed as follows: I to 15 minutes - $0 per hour, 16 to 45 minutes - $27.50 per hour, 46 to 60 minutes - $55 per hour. A log of hours worked will be kept by the Department along with a description ofthe Service provided. Customer will be billed for Services and any other associated costs on a monthly basis. 7.2. Cost Allocation Method: Each piece of Equipment is worth one hour of labor per year: therefore each piece of Equipment is worth $55 per year. For example, two radios are worth $110 per year. By adding all the Equipment together using this method you get a dollar sum. This dollar sum is then multiplied by $1.25 to get the total amount for the year. The $1.25 is for administrative time and miscellaneous materials and supplies, such as; wire, nuts, bolts, fuses, fasteners, etc. Attachment A shows an example of how this yearly amount is calculated. Attachment B shows the types of Equipment. Customer will be billed in the second quarter of the year for that set amount. This method also · includes travel time. 7.3. The Department will be available for emergency call out outside the regular Service hours. Customer will be billed at $82.50 per hour. Tra~vel time will be added to the call out. Fractions of an hour will be billed as follows: 1 to 15 minutes - $0 per hour, · 16 to 45 minutes - $41.25 per hour, 46 to 60 minutes - $82.50 per hour. This applies only to the Hourly Rate Method. 7.4. The Hourly Rate and Cost Allocation Methods include minor materials and supplies, such as, wire, nuts bolts, fuses, fasteners, etc'. Also factored in both methods are Department administration time, Department vehicle maintenance and supplies, and other duties not specified in this Agreement. 7.5. All invoices must be paid in full within thirty (30) days of receipt. A 2% late fee per month will be charged on all late payments. Section 8 DEFAULT/TERMINATION 8.1. If either party defaults in the performance of any of its obligations set forth in this Agreement and the default remains uncured for a period of thirty (30) days after receipt by such party of written notice from the other party detailing specific contractual obligation and the nature of the default thereunder, then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon the giving notice in writing to the defaulting party. 8.2. Any termination of this Agreement will not relieve the party of obligations previously incurred pursuant to this Agreement, including but not limited to payments which may be due and owing at the time of termination. Upon effective date of termination, the County will have no further obligation to provide Services. 8.3. All sums owed by the Customer to the County will become due and payable immediately upon termination of this Agreement. 8.4. In the event that any sum of money owed by the Customer is not paid when due and remains unpaid for a period of thirty (30) days after receipt by the Customer of written notice of such delinquency, the County may terminate this Agreement effective uPon seven (7) days of written notice. Section 9 EXCLUSIVE TER31S AND CONDITIONS 9.1. Customer acknowledges that this Agreement supereedes all prior and concurrent agreements and understandings, whether written or oral, related to the Services performed. Neither the Agreement nor the Attachments may be altered, amended or modified except by written agreement signed by authorized representatives of both Governments. 9.2. In the event of a conflict between the main body of this Agreement and any Attachments, the main body of this Agreement will take precedence, unless the Attachment specifically states otherwise. 9.3. The Governments agree that the Department is a department of and un~ler the supervision ofthe County. All employees of the Department are County employees. 9.4. The County hereby appoints the Pitkin County Sheriff, or his/her designee, as the administrator responsible for the Department. 9.5. The Governments agree and understand that the operations of the Department shall be managed by the Communications Director of the AsperffPitkin County Communications Center, who shall have the following authority, duties and responsibilities: (i) Responsibility for the day-to-day operations and long-range planning as directed and within the policy guidelines established. (ii) Employ and have power to discharge all Department personnel, subject to the requirements of the County personnel system. (iii) Prepare and recommend to the County and Customer an annual operating budget and provide financial activity reports. (iv) Apply for such grants, as are deemed necessary and desirable for the operation or upgrade of the communications system(s). (v) Facilitate regular meetings, the purpose of which is to coordinate technical and operational communications issues and to share information about future technologies. 9.6. The acquisition of Equipment, including budgeting and procurement issues will be the responsibility of the Customer. The Customer shall consult the Department prior to the acquisition of Equipment. The Department will have conceptual approval over the acquisition ofany piece of Equipment by the Customer. The reason for this is to ensure compatibility with the current communications system(s) and to ensure we can Service the Equipment. 9.7. In the event the Customer purchases Equipment that the Department was not consulted prior to the acquisition and the Equipment is unfamiliar to the Department and the Customer wishes to have the Department Service the Equipment then: (i) It will be up to the Customer, by whatever means, to provide training, manuals, materials, supplies, etc., to the Department personnel. (ii) Otherwise, the Equipment will not be added to the Agreement and the Department will not be responsible for Servicing that Equipment. 9.8. If the Customer purchases Equipment that is not compatible with the current communications system(s), the Customer will be solely responsible for finding a solution to this issue. Neither the County nor the Department will be held responsible for finding a solution if they were not consulted prior to the acquisition of that piece of Equipment. Section 10 MATERIALS, TOOLS AND EQUIPMENT 10.1. All tools, equipment, gauges, drawings, software programs or other materials paid for or furnished by the County for the purpose of this Agreement will be and remain the sole property of the County. The Customer will safeguard all such property while it is still in the Customer's custody or control, be liable for any loss or damage to such property and return to the County upon request. Section 11 GENERAL TERblS 11.1 Neither party is liable for delays or lack of performance from any causes such as material shortages, personnel shortages, or acts of God that are beyond that party's reasonable control. 11.2. If the Department provides Services after termination of expiration of this Agreement, the terms and conditions and any prices in effect at that time of the termination or expiration will apply to those Services. 11.3. It is the understanding of the Governments that this Agreement will be automatically renewed on an annual basis by the adoption of an annual budget for each successive year, which could include modifications of costs and equipment lists. The Department will notify the Customer of any modifications before the Customer's budget process. Since timelines on budget processes differ from agency to agency, it will be up to the Customer to notify the Department of a timeframe when budget is due. 11.4. As a County owned and operated system, all costs not specified otherwise herein, insurance, County administration, etc., shall be the responsibility of the County. Section 12 WARRANTY 12.1. The Department will perform all Services in good faith. The Customer will not be continuously billed for the same Service on the same piece of Equipment when the Department is at fault for not solving the Service request. 12.2. The Department will honor vendors' warranties. The Customer will need to provide the Department with all warranty information for Equipment Serviced, if necessary. IEST: ~/~fl~} BOARD OF COUNTY COMMISSIONERS PITKIN COUNTY, COLORADO / tt~ Jbh~'s [/ By: Jack~I.'~tfield, Chai ~rp~'~,~,~ D~ aty Clerk & Rd.c'order RECOMMENDED FOR APPROVAL: SHERIFF'S APPROVAL Mark E.~amrat Robert C. Bmudis' C°mmunicTns ~rector Pitkin County Sheriff Date: ._~//7,,0~ :~ Date: ,-~./.~- e~ APPROVED AS TO FORM: CARBONDALE FIRE PROTECTION John Ely '~ ' Keegan County Attorney President, Board of Directors Date: /'- 5'-03 Date: ATTACtIMENT "B' EQUIPMENT LIST AND DEFINITIONS REPEATERS (generally located on mountain tops with antennas mounted on towers) BASE STATIONS (located on mountain tops or in buildings with antennas) CONTROL STATIONS (located in buildings, includes dc/tone remotes & stand alone mobile radios on power supplies) PORTABLE RADIOS (VHF, UHF, 800 MHz, Aviation, Citizen Band) MOBILE RADIOS-TRUNK MOUNTED (two-piece with control' head separate from main radio) MOBILE RADIOS-DASH MOUNTED (one-piece with control head include with main radio) PAGER (alphanumeric, numeric or voice) LIGHTBAR (roof mounted lights or dash/rear mounted lights) STROBES/WIGWAGS (all additional lighting on emergency vehicles) SIREN CONTROL HEAD (siren and/or lighthar switch box) SIREN (outside speaker to control head) CELLULAR-MOBILE (two-piece with handset includes antenna) RADAR (dash mounted speed detector) VIDEO (in vehicle recording unit) GUN RACK (trunk or inside roof mounted to control head) INTERGOVERNMENTAL AGRE.E~ENT FOR TECHNICAL SERVICES PROVIDED THRfHI(]H PITKIN COUNTY THIS AGREEMENT is entered into this ' day oil, .~ :.._~ -_, 2003, by and OF C MMISSIO ' OF' ,..w~.wr,~u, a r~ome Rule County, hereinafter referrd, d to as the "County", and the Snowmass-Wildcat Fire Protection District. COLOR. ADO, a Colorado special district, hereinafter referred to as the "Customer". Together, the County and Customer arc referred to as the "Governments". RECITALS 1. The Governments desire to enter into this Agreement at this time so ihat the County will provide technical services to the Customer. 2. The Customer requires certain technical services and the County has the capability to provide those technical services. 3. Sections 29-1-201 through Sections 29-1-203, C.R.S., as amended, authorize local governments to cooperate and contract with other governments to provide services and share costs, among other things, NOW, THEREFORE, in consideration of the obligations, covenants and terms expressed herein, the Governments agree as follows: Section I DEFINITIONS 1.I. "Agreeh~ent" means this Intergovernmental Agreement and its Attachments, Exhibits, etc., if any, which are attached hereto and incorporated herein by this reference. 1.2. "Equipment" means public safety ..... commun,catlons equipment that Is specified in Attachment "B" or that is subsequently added to this Agreement and used .by the Governments. 1.3. "Department" means Pitkin County Technical Services Department. Section 2 ACCEPTANCE 2.1. The Customer accepts ~r Cost Allocation Method (circle one). These methods are explained in Section 7. 2.2. If any Customer wishes to accept the Cost Allocation Method, a list of Equipment will need to be provided to the Department by the Customer at the time of Agreement acceptance. A dollar amount cannot be calculated without the Equipment list. The list of Equipment will be part of this Agreement and will be shown as Attachment "C". The new calculation chart will be shown as Attachment "D". 2.3. The Customer agrees to accept the terms of this Agreement and to pay the prices set forth herein. The terms and conditions set forth in this Agreement and in the Attachments will become binding only when accepted in writing by the County. The term of this Agreement will commence on the date specified n the Agreement, including any Attachments. 2.4. The initial term of the Agreement shall be January 1, 2003 through December 31, 2003. See Section 11.3 for renewals. Section 3 SCOPE OF SERVICES 3.1. The Department will provide the following technical services and will be named "Service(s)," herein. (i) Installation - items included are repeaters, base stations, control stations, pagers, and portable radios. Installation and/or removal of Equipment on emergency vehicles will be negotiated on a case-by-case basis. (ii) Maintenance - the Department will provide preventative and regular maintenance to Equipment when required by the Customer or Department. It will be up to the Customer to notify the Department when Equipment needs maintenance. (iii) Repair - if the Equipment no longer functions the way it was designed to, the Department will repair the Equipment to the best of its ability. From time to time Equipment will need to be sent to a qualified repair vendor for various reasons, see Section 5. (iv) Support - the Department will provide support to the Customer for their Equipment. This includes, but not limited too, answering questions, giving options and/or advice, consulting, etc. (v) Training - the Department will provide user training to the Customer for their Equipment. (vi) Programming - the Department will program the Customer's Equipment. All Equipment will be programmed so that it is compatible with the communications system(s) and the Customer's needs. (vii) Other Services - the Department can provide other Services not listed and will be negotiated on a case-by-case basis. Certain Services may require a more particular description or definition, or may require detailed Statement(s) of Work. If particular descriptions or Statement(s) of W6rk are required, and are therefore attached to this Agreement, the Governments hereby agree to be bound by any additional terms included in the Attachments. 3.2. The Department may also provide additional services at the Customer's request. Such additional Services will be billed at the County's hourly rate set forth in this Agreement. 3.3. If the Equipment cannot, in the Department's or qualified vendor's opinion, be properly or economically serviced for any reason including excessive wear, unavailability of parts, the state of technology or the practical feasibility of the scope of Services as specified in the Agreement, the County may: (i) modify the scope of Services related to such Equipment; (ii) remove such Equipment from this Agreement; or (iii) increase the price to Service such Equipment. 3.4. All Equipment purchased by the Customer through the Department will be compatible with the current public safety communications system(s) and will automatically added to this Agreement. 3.5. If the Department is providing Services for Equipment: (i) recommended manufacturer parts and supplies will be used; (ii) the Equipment will be Serviced at levels set forth by the manufacturer's product manuals; and (iii) routine service procedures that are prescribed from time to time by the manufacturer for its products will be followed. 3.6. The Department will function as coordinator and advisor to the Customer regarding the acquisition of Equipment. 3.7.. The Department will order Equipment at the Customer's request. The County will pay for the Equipment and the Department will bill the Customer, in full, for the Equipment. The purpose ofthis is to avoid late payments to the vendor. 3.8. Services will be performed by ~he Department in a timely manner. Depending on the workload and resources of the Department at the time of a Service request by the Customer, some Services may require more time to address. If Equipment is not functioning and the Customer cannot perform its normal job duties without the Equipment and there are no other options for the Customer, these requests will be addressed immediately. Section 4 EXCLUDED SERVICES 4.1. Emergency vehicle radio, siren, lighting, gun rack, radar, video and cci1 phone installations and removals are not covered by this Agreement. This means no new or used Equipment will be installed or removed from an emergency vehicle. Section 3 still applies to the Equipment. 4.2. Unless specifically set forth is this Agreement, Service does not include items that are consumed in the course of normal operations of the Equipment, such as, but not limited to, power supplies, batteries, antennas, belt clips, mies, chargers, etc. The Customer agrees to pay for these items, as needed. 4.3. Unless specifically set forth in or added to this Agreement, any specialized materials, supplies, programs, licenses, tools or equipment needed to perform a task assigned to the Department by the Customer is not covered by this Agreement. The Customer agrees to purchase such items if the Customer wishes the Department to Service that Equipment. Section 5 RIGHT TO SUBCONTRACT/ASSIGNMENT 5.1. The Department has the fight to outsource to a qualified vendor any piece of Equipment that cannot be Serviced by the Department and the Customer will pay all vendor costs associated with that piece of Equipment. The reason for this is time constraints on the Department, beyond the expertise of the Department, lack of proper testing and repair equipment, not cost-effective for the Customer or the County to repair the Equipment, or the Equipment is not familiar to the Department. Section 6 TIME AND PLACE OF SERVICE 6.1. Service will be provided at the Technical Services Department located at 515 E. Bleeker St. Aspen, CO. When the Department performs Service at the Customer's location, the Customer agrees to provide a safe working environment with full and free access to the Equipment. Hours of Service will be 0700 hours to 1700 hours, excluding weekends and holidays. After hours Service will be provided when the Customer cannot function in their normal duties and there are no other options available to temporarily alleviate the issue. Section 7 FEES AND PAYMENT 7.1. Hourly Rate Method: Unless otherwise stated in the Agreement, any Service provided to the Customer will be billed at a rate of $55 per hour. Travel time will be added to any Service call, if appropriate. Fractions of an hour worked will be billed as follows: 1 to 15 minutes - $0 per hour, 16 to 45 minutes - $27.50 per hour, 46 to 60 minutes - $55 per hour. A log of hours worked will be kept by the Department along with a description of the Service provided. Customer will be billed for Services and any other associated costs on a monthly basis. 7.2. Cost Allocation Method: Each piece of Equipment is worth one hour of labor per year: therefore each piece of Equipment is worth $55 per year. For example, two radios are worth $110 per year. By adding all the Equipment together using this mcthnd you get a dollar sum. This dollar sum is then multiplied by $1.25 to get the total amount for the year. The $1.25 is for administrative time and miscellaneous materials and supplies, such as; wire, nuts, bolts, fuses, fasteners, etc. Attachment A shows an examt~le of how this yearly amount is calculated. Attachment B shows the types of Equipment. Customer will be billed in the second quarter of the year for that set amount. This method also includes travel time. 7.3. The Department will be available for emergency call out outside the regular Service hours. Customer will be billed at $82.50 per hour. Travel time will be added to the call out. Fractions of an hour will be billed as follows: I to 15 minutes - $0 per hour, 16 to 45 minutes - $41.25 per hour, 46 to 60 minutes - $82.50 per hour. This applies'only to'the Hourly Rate Method. 7.4. The Hourly Rate and Cost Allocation Methods include minor materials and supplies, such as, wire, nuts bolts, fuses, fasteners, etc. Also factored in both methods are Department administration time, Department vehicle maintenance and supplies, and other duties not specified in this Agreement. 7.5. All invoices must be paid in full within thirty (30) days of receipt. A 2% late fee per month will be charged on all late payments. ., Section 8 DEFAULTfFERMINATION 8.1. If either party defaults in the performance of any of its obligations set forth in this Agreement and the default remains uncured for a period of thirty (30) days after receipt by such party of written notice from the other party detailing specific contractual obligation and the nature of the default thereunder, then the injured party, in addition to any other fights available to it under law, may immediately terminate this Agreement effective upon the giving notice in writing to the defaulting party. 8.2. Any termination of this Agreement will not i'elieve the party of obligations previously incurred pursuant to this Agreement, including but not limited to payments which may be due and owing at the time of termination. Upon effective date of termination, the County will have no further obligation to provide Services. 8.3. All sums owed by the Customer to the County will become due and payable immediately upon termination of this Agreement. 8.4. In the event that any sum of money owed by the Customer is not paid when due and remains unpaid for a period of thirty (30) days after receipt by the Customer of written notice of such delinquency, the County may terminate this Agreement effective upon seven (7) days of written notice. Section 9 EXCLUSIVE TERMS AND CONDITIONS 9.1. Customer acknowledges that this Agreement supercedes all prior and concurrent agreements and understandings, whether ~vritten or oral, related to the Services performed. Neither the Agreement nor the Attachments may be altered, amended or modified except by written agreement signed by authorized representatives of both Governments. 9.2. In the event of a conflict between the main body of this Agreement and any Attachments, the main body of this Agreement will take precedence, unless the Attachment specifically states otherwise. 6'/ 9.3. The Governments agree that the Department is a department of and under the supervision ofthe County. All employees of the Department are County employees. 9.4. The County hereby appoints the Pitkin County Sheriff, or his/her designee, as the administrator responsible for the Department. 9.5. The Governments agree and understand that the operations of the Department shall be managed by the Communications Director of the Aspen/Pitkin County Communications Center, who shall have the following authority, duties and responsibilities: (i) Responsibility for the day-to-day operations and long-range planning as directed and within the policy guidelines established. (ii) Employ and have power to discharge all Department personnel, subject to the requirements of the County personnel system. (iii) Prepare and recommend to the County and Customer an annual operating budget and provide financial activity reports. (iv) Apply for such grants, as are deemed necessary and desirable for the operation or upgrade of the communications system(s). (v) Facilitate regular meetings, the purpose of which is to coordinate technical and operational communications issues and to share information about future technologies. 9.6. The acquisition of Equipment, including budgeting and procurement issues will be the responsibility ofthe Customer. The Customer shall consult the Department prior to the acquisition of Equipment. The Department will have conceptual approval over the acquisition of any piece of Equipment by the Customer. The reason for this is to ensure compatibility with the current communications system(s) and to ensure we can Service the Equipment. 9.7. In the event the Customer purchases Equipment that the Department was not consulted prior to the acquisition and the Equipment is unfamiliar to the Department and the Customer wishes to have the Department Service the Equipment then: (i) It will be up to the Customer, by whatever means, to provide training, manuals, materials, supplies, etc., to the Department personnel. (ii) Otherwise, the Equipment will not be added to the Agreement and the Department will not be responsible for Servicing that Equipment. 9.8. If the Customer purchases Equipment that is not compatible with the current communications system(s), the Customer will be solely responsible for finding a solution to this issue. Neither the County nor the Department will be held responsible for finding a solution if they were not consulted prior to the acquisition of that piece of Equipment. Section 10 MATERIALS, TOOLS AND EQUIPMENT 10.1. All tools, equipment, gauges, drawings, software programs or other materials paid for or furnished by the County for the purpose of this Agreement will be and remain the · sole property of the County. The Customer will safeguard all such property while it is still in the Customer's custody or control, be liable for any loss or .damage to such property and return to the County upon request. Section 11 GENERAL TERMS 1 I. 1 Neither party is liable for delays or lack of performance from any causes such as material shortages, personnel shortages, or acts of God that are beyond that party's reasonable control. 11.2. If the Department provides Services after termination of expiration of this Agreement, the terms and conditions and any prices in effect at that time of the termination or expiration will apply to those Services. 11.3. It is the understanding of the Governments that this Agreement will be automatically renewed on an annual basis by the adoption of an annual budget for each successive year, which could include modifications of costs and equipment lists. The Department will notify the Customer ofany modifications before the Customer's budget process. Since timelines on budget processes differ from agency to agency, it will be up to the Customer to notify the Department of a timeframe when budget is due. 11.4. As a County owned and operated system, all costs not specified otherwise herein, insurance, County administration, etc., shall be the responsibility of the County. Section 12 WARRANTY 12.1. The Department will perform all Services in good faith. The Customer will not be continuously billed for the same Service on the same piece of Equipment when the Department is at fault for not solving the Service request. 12.2. The Department will honor vendors' warranties. The Customer will need to provide the Department with all warranty information for Equipment Serviced, if necessary. ST: BOARD OF COUNTY COMMISSIONERS //ATT~ ~/ ~ P1TKIN COUNTY, COLORADO ~)e~t ,tte Jones / By: Jack~/atfield, Chairl~-C~m~t// 'Clerk & Recor Date: '~"~t ~/-0 °~ Date: RECOMMENDED FOR ~APPROVAL: ~PPROVAL~_. ar E.X~at ~ Robert C. Braudis Communications Director Pitkin County Sheriff APPROVED AS TO FORM: SNOW'MASS-WILDCAT FIRE PROTECTION DISTRICT John Ely ~ Bill Cowan County Attorney Fire Chief Date: /- 3 -0 ~ Date: _5" "- f- ~ ~ 7 ;q ATTACIIMENT ~'B" EQUIPMENT LIST AND DEFINITIONS REPEATERS (generally located on mountain tops with antennas mounted on towers) BASE STATIONS (located on mountain tops or in buildings with antennas) CONTROL STATIONS (located in buildings, includes dc./tone remotes & stand alone mobile radios on power supplies) PORTABLE RADIOS (VHF, UHF, 800 MHz, Aviation, Citizen Band) MOBILE RADIOS-TRUNK MOUNTED (two-piece with control head separate from main radio) MOBILE RADIOS;DAStt MOUNTED (one-piece with control head include with main radio) PAGER (alphanumeric, numeric or voice) LIGHTBAR (roofmounted lights or dash/rear mounted lights) STROBES/WIGWAGS (all additional lighting on emergency vehicles) SIREN CONTROL HEAD (siren and/or lighthar switch box) SIREN (outside speaker to control head) CELLULAR-MOBILE (two-piece with handset includes antenna) RADAR (dash mounted speed detector) VIDEO (in vehicle recording uni0 GUN RACK (trunk or inside roof mounted to control head)