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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 ATT S : pWN rel Donaldson, Town Cler v9 f j 1 r i Resolution No. 15, Series 2008 i 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. i 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 r EXHIBIT "A" AGREEMENT FOR THE PROVISION OF EMERGENCY DISPATCH SERVICE STAFFING the County: ADDRESS: CONTACT: CONTACT DATE WORKED HOURS WORKED DISPATCHER: SIGNATURE: