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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 -0 .I\ �' / ,' I �1� _ J �\./� l � . .. . .� �. _. . . - Resolution No. 29, 2012 ��OF, VA/� � � O • •• • � � • • • � • � A " • .� . •S . . , . . . , : . �, ' � .. . . . ••....• :e. 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 2 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. 3 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. 4 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 . ' t . EXHIBIT "A" MEMORANDUM OF UNDERSTANDING FOR THE PROVISION OF EMERGENCY DISPATCH SERVICE STAFFING PARTY: ADDRESS: CONTACT: CONTACT #: DATE WORKED HOURS WORKED DISPATCHER: SIGNATURE: