HomeMy WebLinkAbout2012-29 Authorizing TM to enter into a Memorandom of Understanding for the Provision of Emergency Dispatch Service with Summit CountyRESOLUTION NO. 29
Series of 2012
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ENTER INTO A MEMORANDUM
OF UNDERSTANDING FOR THE PROVISION OF EMERGENCY DISPATCH SERVICE
STAFFING BETWEEN THE TOWN OF VAIL, AND SUMMIT COUNTY GOVERNMENT; AND
SETTING FORTH DETAILS IN REGARD THERETO
WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado
is a home rule municipal corporation duly organized and existing under the laws of the State of
Colorado and the Town Charter (the "Charter");
WHEREAS, the members of the Town Council of the Town (the "Council") have been
duly elected and qualified;
WHEREAS, the Town and Summit County Government (the "County") each maintain and
operate radio communications system for the transmission and dispatching of inessages relating
to fire and/or police protection and other public safety services;
WHEREAS, at times each of the parties need additional emergency dispatching staff at
their respective communications centers;
WHEREAS, the Town and County desire to enter into an Intergovernmental
Memorandum of Understanding ("Agreement") regarding their provision of extra-duty dispatching
staff each to the other when such staffing is necessary and available; and
WHEREAS, the Council's approval of Resolution No. 29, Series 2012, is required to enter
into an Intergovernmental Memorandum of Understanding.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Section 1. The Council hereby authorizes the Town Manager to enter into the
agreement on behalf of the Town in substantially the same form attached hereto as Exhibit A
and in a form approved by the Town Attorney.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Vail held this 16`h day of October, 2012.
Andrew P. D
Town Mayor
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Resolution No. 29, 2012
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MEMORANDUM OF UNDERSTANDING FOR THE PROVISION OF
EMERGENCY DISPATCH SERVICE STAFFING
This Memorandum of Understanding for the Provision of Emergency Dispatch
Services Staffing (referred to hereafter as the "MOU") is made and entered on this
day of October, 2012 by and between the TOWN OF VAIL, a Municipal
Corporation (the "Town") and SUMMIT COLJNTY GOVERNMENT, a political
subdivision of the State of Colorado, on behalf of its Summit County Communications
Center (the "County"). Town and County shall be referred to herein together as the
Parties.
WITNESSETH
WHEREAS, the Parties each maintain and operate radio communications
systems for the transmission and dispatching of inessages relating to fire and/or police
protection and other public safety services; and
WHEREAS, at times each of the parties need additional emergency dispatching
staff at their respective communications centers; and
WHEREAS, the Parties desire to enter into an agreement regarding their
provision of extra-duty dispatching staff each to the other when such staffing is necessary
and available; and
WHEREAS, the Parties are governments authorized to enter into agreements
pursuant to C.R.S. § 29-1-203 for purposes including the provision of any function,
service, or facility lawfully authorized to each; and
WHEREAS, the interests of the public are best served by the Parties entering into
an agreement for the provision of extra-duty dispatching staff at such times as such
emergency dispatch staffing assistance is needed by one party and available from the
other.
NOW, THEREFORE, in consideration of the mutual benefits that will inure to
the public and the Parties, and the mutual covenants, agreements and promises set forth
hereinafter, the Parties hereto agree as follows:
1. Assi�nment of Extra Dutv Staff. Upon request and on an as-available basis,
the Parties shall assign one or more of their qualified dispatch employees ("Extra Duty
Staff') to provide dispatch services for the other party at such other party's
communications centers. The sole responsibility of Extra Duty Staffduring their
assignment pursuant to this MOU shall be to provide usual dispatch services in
accordance with all applicable professional standards, including answering 9-1-1
emergency phone calls, answering non-emergency phone calls, and providing resource
assignment and monitoring of law, fire, and medical units.
2. Requests for Extra Dutv Staffin�. Requests for assignment of Extra Duty Staff
shall be made at least seventy-two (72) hours in advance of the time of assignment.
Requests for assignment of dispatch employees shall be made by the requesting party's
communications department director to the other party's communications department
director, or their respective designees. Assignments of Extra Duty Staff may be
cancelled only on a minimum of three (3) hours notice. The minimum assignment shall
be for two (2) hours.
3. Compensation. Compensation hereunder shall be at a rate of $37.00 per hour
per Extra Duty Staff person, excluding travel time. In addition, should the shift last
longer than originally scheduled, or circumstances require the Extra Duty Staff to stay on
site later than originally scheduled, the requesting party is responsible for such additional
compensation as would be paid at the overtime rate of the Extra Duty Staff's employer.
Each Extra Duty Staff person shall maintain a time record in the form of Exhibit "A",
which time record shall be completed and initialed by the employee at the end of the
extra duty shift, and presented to the requesting party's communications department
director or his or her designee for review and billing The employer of the Extra Duty
Staffwho provided services hereunder shall prepare a monthly invoice and present the
invoice to requesting party's communications director. Invoices shall be paid within
thirty (30) days of the date they are received by the requesting party's communications
director and a copy of the invoice shall be included with such monthly payment.
4. Emergency Availabilitv. Any Extra Duty Staff shall, at all times while assigned
as provided in Paragraph 1, be available to respond to any incident occurring within the
requesting party's jurisdiction for the period of time that the Extra Duty Staff person's
employer in the sole discretion of the employer's communications director or the
requesting party's communications director determines to be an emergency, at the time
whichever request is made first.
5. Relationship of Emplovee. Extra Duty Staff assigned hereunder shall at all
times remain in their respective party's employment acting within the scope of his/her
employment.
6. Release of Liabilitv — Insurance.
A. Except as specifically provided herein to the contrary:
i. To the extent allowed by law, the Parties, on behalf of their respective
officers, and employees, each hereby indemnifies and releases the other
and its officers and employees from and waives any and all liability, for
claims, and demands for damages of whatsoever nature, including without
limitation claims arising from bodily injury, personal injury, property loss
or damage, which arise out of or relate to the performance of services
hereunder by Extra Duty Staff. For example, the County shall indemnify
the Town for the acts and omissions of Town employees while providing
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Extra Duty Staff services at the County's communications center (and vice
versa).
ii. To the extent allowed by law, the Parties agree to indemnify, defend, and
hold harmless the other, its officers, and its employees for any uninsured
or deductible costs, including without limitation the cost of any judgment
or settlement and the costs of defense including attorney's fees, incurred
by the subject party, its officers, or its employees in connection with any
claims of third parties against the other party, its officers, or its employees
which arise out of or relate to the performance of services hereunder by
Extra Duty Staff. For example, the County shall indemnify the Town for
the acts and omissions of Town employees while providing Extra Duty
Staff services at the County's communications center (and vice versa).
B. The Parties agree that so long as this MOU is in effect they will maintain
general liability insurance.
7. Term and Termination of MOU. This MOU is effective as of the date first
written above and shall remain in effect until such time as either party, on ten days notice,
has terminated it by written notice to the other.
8. Notice. Notices given and invoices submitted by the Parties hereunder shall be in
writing and delivered to the appropriate below stated address by hand, certified or regular
U.S. Mail. Either party may from time to time designate in writing substitute addresses or
persons to whom such notices shall be sent.
William Pessemier, PhD. Jennifer Kirkland, Interim Director
Summit County Communications Dept. Vail Public Safety Communications Center.
P.O. Box 4188 75 S. Frontage Road West
0227 C.R. 1003 Vail, CO 81657
Frisco, CO 80443
9. General Terms and Provisions.
A. Independent Contractor. Extra Duty Staff assigned hereunder are not employees
of the requesting party. The Extra Duty Staff person's employer shall be
responsible for paying federal (including social security) and state income tax on
any monies earned pursuant to this contract relationship. The Parties are each
responsible for complying with all employment laws and insurance laws relating
to its own employees.
B. Governmental Immunitv. Nothing in this MOU shall be construed against any
party hereto as a waiver of the limitations on damages, or as a waiver of the
privileges, immunities, or defenses provided to, or enjoyed by, any of the Parties
under common law or pursuant to statue including, but not limited to, the
Colorado Governmental Immunity Act, Section 24-10-101, et seq., C.R.S. and
Sections 24-32-2604, et seq., C.R.S.
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C. Worker Compensations and Pension Benefits. Pursuant to Sections 29-5-109 and
29-5-110, C.R.S., and this MOU, the Extra Duty Staff person's employer shall at
all times be and remain responsible for providing any workers' compensation or
pension benefits of its employees, including disability, death, and survivor
benefits, to which the individual would otherwise be entitled if the injury,
disability, or death had occurred with the employing party's jurisdictional
boundaries. Extra Duty Staffassigned hereunder shall report any injuries incurred
while performing services hereunder to such person's employer, receive medical
treatment for such injuries through his/her employer's medical provider(s) and
worker's compensation benefits or unemployment insurance benefits for such
person shall be the responsibility of his/her employer. For example, if a County
employee is injured while providing Extra Duty Staff services at the Town's
communications center such person shall submit his/her workers compensation
claim to the County.
D. Prior A�reements. The terms of this MOU shall supersede the terms of any pre-
existing agreements between Town and County regarding assignment of Town
dispatch employees to work for County, including but not limited to the
Intergovernmental Agreement for the Provision of Emergency Dispatch Staffing
dated May 15, 2008, which is hereby terminated. This MOU shall not affect or
supersede any other agreements, including mutual aid agreements between
SCHMT members except as such agreements relate to assignment of Extra Duty
Staff.
E. Amendment. This MOU may be amended from time to time by written
amendment duly authorized by the Parties. No modification or waiver of this
MOU or any covenant, condition or provision contained herein shall be valid
unless in writing and duly executed by all parties.
F. Authorization. The signatories to this MOU affirm and warrant that they are fully
authorized to enter into and execute this MOU.
G. Whole MOU. This MOU embodies the whole agreement between the Parties
regarding assignment of Extra Duty Staff, and there are no inducements,
promises, terms, conditions or other obligations made or entered into by the
Parties other than those contained herein.
H. Successors and Assigns. This MOU shall be binding upon the Parties hereto,
their respective successors or assigns. Neither Party may assign, delegate,
sublease, pledge, or otherwise transfer any rights, benefits, or obligations under
this MOU to any party without the prior written consent of the non assigning
party.
I. Apnropriation of Funds/ Multi-Year Contracts. Payment pursuant to this MOU,
whether in whole or in part, is subject to and contingent upon the continuing
availability of each of the Party's funds for purposes hereof. In the event that said
funds, or any part thereof, become unavailable as determined by a Party, the Party
may immediately terminate this MOU. The obligations ofthe Parties hereunder shall
not constitute a general obligation indebtedness or multiple year direct or indirect
debt or other financial obligation whatsoever within the meaning of the Constitution
or laws of the State of Colorado.
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J. Severabilitv. All agreements, covenants and terms contained herein are severable,
and in the event that any such agreement, covenant, or term is held invalid, by a
court of competent jurisdiction, this MOU shall be interpreted as if such invalid
covenant, or term were not contained herein.
K. A�plicable Law. At all times during the performance of this MOU, the Parties
herein shall strictly adhere to all applicable federal, state and local laws, rules, and
regulations that have been or may hereafter be established. All work and services
performed under this MOU shall comply with federal, state and local laws, rules
and regulations. This MOU shall be interpreted in all respects in accordance with
the laws of the State of Colorado.
L. No Benefit to Inure to Third Parties. This MOU does not and shall not be deemed
to confer upon or grant to any third party any right to claim damages or bring any
lawsuit, action or other proceedings against either Party because of any breach
hereof, or because of any terms, covenants, agreements or conditions contained
herein.
M. Counterparts. This MOU may be executed in counterparts, each of which shall be
deemed an original, but all of which shall constitute one and the same instrument.
IN WITNESS WHEREOF, this Memorandum of Understanding for the Provision of
Emergency Dispatch Services Staffing is executed and entered into on the day and year
first written above.
TOWN OF VAIL BOARD OF COUNTY COMMISSIONERS
OF SUMMIT COUNTY, COLORADO
By By
[Name], Town Manager Gary Martinez, County Manager
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EXHIBIT "A"
MEMORANDUM OF UNDERSTANDING FOR THE PROVISION OF
EMERGENCY DISPATCH SERVICE STAFFING
PARTY:
ADDRESS:
CONTACT:
CONTACT #:
DATE WORKED HOURS WORKED
DISPATCHER:
SIGNATURE: