HomeMy WebLinkAbout2008-15 IGA with Summit County Government for the Provision of Emergency Dispatch Services StaffingRESOLUTION NO. 15
Series of 2008
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE TOWN OF VAIL AND THE SUMMIT COUNTY GOVERNMENT FOR
THE PROVISION OF EMERGENCY DISPATCH SERVICES STAFFING; 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"); and
WHEREAS, the members of the Town Council of the Town (the "Council") have
been duly elected and qualified; and
WHEREAS, the Town and Summit County Government (the "County") desire to
enter into intergovernmental agreement for the Town's provision of extra-duty
dispatching staff to the County and subject to the terms set forth in the attached Exhibit
A; and
WHEREAS, the Town and the County each maintain and operate radio
communications systems for the transmission and dispatching of inessages relating to
fire and/or police protection and other pubtic safety services; and
WHEREAS, the County is currently in need of additional emergency dispatching
staff at the Summit County Communication Center.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
1.The Intergovernmental Agreement for the Provision of Emergency Dispatch
Service Staffing, attached as Exhibit A hereto and incorporated herein by this
reference, is approved by the Council.
2.The Town Manager is hereby authorized to execute and deliver, on behalf of
the Town, the Intergovernmental Agreement in substantially the same form
as approved by the Council.
3.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 5th day of August, 2008.
Dick Cleve and, To n Mayor
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Resolution No. 15, Series 2008
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EXHIBIT A
INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF
EMERGENCY DISPATCH SERVICE STAFFING
This Intergovernmental IGA for the Provision of Emergency Dispatch Services
Staffing (referred to hereafter as the "IGA") is made and entered on this day of
2008 by and between the TOWN OF VAIL, a Municipal Corporation (the
Town") and SUMMIT COIJNTY 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, the County is currently in need of additional emergency dispatching
staff at the Summit County Communication Center; and
WHEREAS, the Parties are authorized to enter into intergovernmental
agreements pursuant to C.R.S. § 29-1-203; and
WHEREAS, the Parties desire to enter into an intergovernmental agreement for
the Town's provision of extra-duty dispatching staff to the County; and
WHEREAS, the interests of the public are best served by the Parties entering into
an intergovernmental agreement for the Town's provision of extra-duty dispatching staff
to the County.
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.Obliiations of Town. Town will assign to County, upon County's request and on
an as-available basis, one or more of Town's qualified dispatch employees to provide
dispatch services for the County at County's Summit County Communications Center.
The sole responsibility of Town employee(s) while assigned to County 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.Obligations of Countv. County shall make requests for assignment of Town
dispatch employee(s) at least seventy-two (72) hours in advance of the time of
assignment. County requests for assignment of Town dispatch employees shall be madebytheCountyCommunicationsDirectortotheTown's Communications Director, ortheirrespectivedesignees. The County may cancel the assignment of a dispatchemployeeonlyonaminimumofthree (3) hours notice. The County is responsible for atwo (2) hour minimum assignment.
3•Comuensation The County will compensate the Town at the rate of $37.00 perhourperdispatchemployee. In addition, should the shift last longer than originallyscheduled, or circumstances require the dispatch employee to stay on site later thanoriginallyscheduled, the County is responsible for such additional compensation. EachTownemployeeassignedtotheCountyshallmaintainatimerecordintheformofExhibit "A", which time record shall be completed and initialed by the employee at theendoftheshift, and presented to the Summit County Communications DepartmentDirector ("County Director"), or his designee, for review and monthly billing. TheCountyDirectorshallprepareamonthlyinvoiceforTowndispatchemployeehoursandpresenttheinvoicetoCountyFinanceDepartment. Invoices shall be paid to Townwithinthirty (30) days of the date they are received by the County Finance DepartmentandacopyoftheinvoiceshallbeincludedwiththemonthlypaymentstoTown.
4.Eme~y Availabilitv Any Town dispatch employee shall, at a11 times whileassignedasprovidedinParagraph1, be available to respond to any incident occurringwithinEagleCountywhich, the Vail Communications Director (or his designee)deteimines in his/her sole discretion, to be an emergency. In the event of such anemergencyresponse, the dispatch employee shall, if so requested, promptly return to thepremisesoftheCountyaftercessationoftheemergency.
5.Relationshin of Employee Town dispatch employees assigned to County, asprovidedinParagraph1, shall at all times remain in the employment of the Town actingwithintheperformanceofhis/her duties and the scope of his/her employment with theTown.
6•Release of Liability - Insurance To the extent allowed by law, the County, onbehalfofitself, its officers, and its employees, hereby releases the Town and its officersandemployeesfromandwaivesanyandallliability, claims, and demands for damages ofwhatsoevernature, including without limitation claims arising from bodily injury,personal injury, property loss or damage, which arise out of this IGA, or are in anymannerconnectedwiththisIGA. To the extent allowed by law, the County furtheragreestoindemnify, defend, and hold harmless the Town, its officers, and its employeesforanyuninsuredordeductiblecosts, including without limitation the cost of anyjudgmentorsettlementandthecostsofdefenseincludingattorney's fees, incurred by theTown, its officers, or its employees in connection with any claims of third parties againsttheTown, its officers, or its employees which arise out of or are in any manner connectedwiththisIGA. The Town agrees that so long as this IGA is in effect it will maintaingeneralliabilityinsurance.
7.Term and Termination of IGA. This IGA 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.
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.
Jack Benson, Director Joe Ribeiro, Director
Summit County Communications Dept.Town of Vail Communications Dept.
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. Town dispatch employees assigned to work for County
hereunder are not employees of the County. Town dispatch employees assigned to
work for County hereunder are not entitled to worker's compensation benefits or
unemployment insurance benefits unless paid for by Town and Town is obligated
to pay federal (including social security) and state income tax on any monies
earned pursuant to this contract relationship. Town is responsible for complying
with all employment laws and insurance laws relating to its own employees.
B. Governmental Immunitv. Nothing in this IGA 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.
C. Worker Compensations and Pension Benefits. Pursuant to Sections 29-5-109 and
29-5-110, C.R.S., and this IGA, if any personnel of a Town dispatch employee
assigned to work for County hereunder is injured, disabled, or dies outside the
Town's jurisdiction as a result of performing services, said individual shall remain
covered by Town, and eligible for Town workers' compensation and pension
benefits, including disability, death, and survivor benefits, to which the individual
would otherwise be entitled if the injury, disability, or death had occurred with the
Town's jurisdictional boundaries.
D. Prior Ag[eements. The terms of this IGA shall supersede the terms of any pre-
existing agreements between Town and County regarding assignment of Town
dispatch employees to work for County. This IGA shall not affect or supersede
any other agreements, including mutual aid agreements between SCHMT
members except as such agreements relate to assignment of Town dispatch
employees to work for County.
E. Amendment. This IGA may be amended from time to time by written IGA duly
authorized by all the parties to this IGA. No modification or waiver of this IGA
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 IGA affirm and warrant that they are filly
authorized to enter into and execute this IGA.
G. Whole IGA. This IGA embodies the whole agreement between the Parties
regarding assignment of Town dispatch employees to work for County, 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 Assi~ns. This IGA 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 IGA to
any party without the prior written consent of the non assigning party.
1. Appropriation of Funds/ Multi-Year Contracts. Payment pursuant to this IGA,
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 IGA. The obligations of the 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.
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 IGA shall be interpreted as if such invalid
IGA, covenant, or term were not contained herein.
K. Applicable Law. At all times during the performance of this IGA, the Partie s
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 IGA shall comply with federal, state and local laws, rules
and regulations. This IGA 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 IGA 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. Countemarts. This IGA may be executed in counterparts, each of which shall be
deemed an original, but all of which shall constitute one and the same instrument.
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IN WITNESS WHEREOF, this IGA is executed and entered into on the day and year
first written above.
TOWN OF VAIL BOARD OF COUNTY
COMMISSIONERS OF
gy SUMMIT COUNTY, COLORADO
Stan Zemler, Town Manager
By
Gary Martinez, County Manager
AFFIX TOWN SEAL HERE)
ATTESTS:
Lorelei Donaldson
Town Clerk
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EXHIBIT "A"
AGREEMENT FOR THE PROVISION OF
EMERGENCY DISPATCH SERVICE STAFFING
the County:
ADDRESS:
CONTACT:
CONTACT
DATE WORKED HOURS WORKED
DISPATCHER:
SIGNATURE: