HomeMy WebLinkAboutbocc.con.268.2015 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
APPROVING A MEMORANDUM OF UNDERSTANDING
WITH THE TOWN OF VAIL
FOR THE PROVISION OF
SHARED EMERGENCY DISPATCH SERVICE STAFFING
RESOLUTION NO.D ( 2015
CONTRACT#
RECITALS C AidJ
WHEREAS, The Town of Vail and Pitkin County Government each maintain and
operate radio communications systems for the transmission and dispatching of messages
relating to fire and/or police protection and other public safety services; and
WHEREAS, at times each of the above agencies needs additional emergency
dispatching staff at their respective communications centers; and
WHEREAS,both agencies 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,both agencies are govermnets 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 these agencies 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, BE IT RESOLVED by the Board Of County Commissioners of
Pitkin County, Colorado that Pitkin County is authorized to enter into a Memorandum of
Understanding with the Town of Vail for the Provision of Shared Emergency Dispatch
Service Staffing.
INTRODUC D,.FIRST READ, AND SET FOR PUBLIC HEARING ON THE/4�
DAY OF 2015.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
RESOLUTI N PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE /344'
DAY OF Ur , 2015.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION
POSTED ON THE OFFICIA PITKIN COUNTY WEBSITE ( www.pitkincounty.com )
ON THE /3.°1.DAY OF I 0 0 2015.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE d
DAY OF "U4(�54- 2015.
U
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE
ASPEN TIMES WEEKLY ON THE 3DAY OF 5,19t.-.e/44,,r, 2015.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFJCIAL PITKIN
COU 1 Y WEB§ITE (www.pitkincounty.com) ON THE DAY
OF i ' est" 2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
By I�.J /// By: S 14/ djoi
Jeal ette Jones Steven F. Child, Chair
Devuty County Cler
Date: � 2 7 k_„
5--
APPROVED AS TO FORM: MANAGER APPROVAL
John El, • orney on Peacock, ounty Manager
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• CONTRACTJ 2 /s
MEMORANDUM OF UNDERSTANDING FOR THE PROVISION OF
EMERGENCY DISPATCH SERVICE STAFFING
This Memorandum of Understanding for the Provision of Emergency Dispatch
Services Staff g refgr,red to hereafter as the"MOU") is made and entered on this
/-16,61, day o ?1015 by and between the TOWN OF VAIL, a Municipal
Corporation.(the"Town")and PITKIN COUNTY GOVERNMENT, a political
subdivision of the State of Colorado, on behalf of its Pitkin County Regional Emergency
Dispatch 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 messages 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 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. Assignment of Extra Duty 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 Staff during 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 Duty Staffing. 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
department director to the other party's 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 Staffs 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
Staff who 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 Availability. 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 director or the requesting party's
director determines to be an emergency,at the time whicheyer request is made first.
5. Relationship of Employee. 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 Liability—Insurance.
In further consideration of.the terms and provisions contained in this agreement,
the Parties release and hold harmless each other for the acts performed by the respective
employees in reliance of this agreement. The Parties further recognize that supervision of
the Extra Duty Staff shall be by the Party receiving the benefit of the Staff's person's
time although responsibility for the acts of the Extra Duty Staff person shall be the Party
for whom the Staff person is directly employed and not the Party for whom the Staff
person working. Both Parties agree to maintain general liability insurance for any Extra
Duty Staff consistent with their other employees during the time the Staff person is
working for the requesting Party.
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.
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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.
Pitkin County Regional Emergency Dispatch Center
Attn: Director
506 E. Main St., Dept C
Aspen, CO 81611
Town of Vail Communications Department
Attn: Director
75 S. Frontage road West
Vail,CO 81657
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 Immunity. 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.
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 Staff assigned 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 Agreements.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
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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. Appropriation 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 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. Severability. 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. Applicable 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.
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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 PITKIN COUNTY, COLORADO
By ii By c ,cn -f ce
Stan Zemler, Town Manager Steven F. Child, Chair 8„.„,..6_, SFS
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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:
6
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
AUTHORIZING THE FILING OF AN AMENDMENT TO AND CLOSEOUT OF
PASSENGER FACILITY CHARGE(PFC) APPLICATIONS#6,#7 AND#8 TO BE
FILED WITH THE FEDERAL AVIATION ADMINISTRATION(FAA)
RESOLUTION NO.06 3 2015
1. Whereas,Pitkin County, a Colorado home-rule County, is the owner, sponsor and
operator of the Aspen/Pitkin County Airport(Sardy Field), located in the vicinity
of Aspen, Colorado, and has the authority to regulate commercial activities and to
lease and license space at the Airport,pursuant to inter alai, 1973 C.R.S. 41-4-101
et. Seq., 30-35-202, Title 10 of the Pitkin County Code, and Section 8.7.2 of the
Pitkin County Home Charter; and
2. Whereas, Pitkin County owns, operates,maintains, and develops the Airport, in
part,with Federal grants, state funds, Passenger Facility Charges (PFC), and user
fees; and
3. Whereas, in April 2002 Pitkin County adopted a$4.50 PFC to accomplish
additional projects designed to enhance capacity, safety and development of the
Aspen/Pitkin County Airport; and
4. Whereas, upon physical and financial completion of projects included in the
Airport's approved Passenger Facility Applications, such applications require
amendment to actual final project costs and closeout with the Federal Aviation
Administration.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Pitkin County, Colorado that: •
1. The Board of County Commissioners hereby designates the Assistant Aviation
Director—Administration as the authorized official to file amendments to and
closeout of PFC applications#6,#7 and#8 with the Federal Aviation
Administration(FAA).
INTRODIXED,FIRST READ,AND SET FOR PUBLIC HEARING ON THE /0
DAY OF G vs/ 2015.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
RESOLUTI N PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE/3
DAY OF 0 , 2015.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION
POSTED ONHE OFFICIAL ITKIN CQUNTY WEBSITE(www.aspenpitkin.com)
ON THE L3 DAY OF U U5 ff 2015.
ADOPTED FTER FINAL READING AND PUBLIC HEARING ON THE g
DAY OF (, (J•-:o f 2015.
PUBLISHED BY TITLE AND SHORT SUMMARY,AFTER ADOPTION, IN THE
ASPEN TIMES WEEKLY ON THE344 DAY OF( 2l ei, e, 2015.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFJ ICIAL PITKIN
COUN Y WEBSITE (www.aspenpitkin.com) ON THE 27 AY
OF 1'51 2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
B 1/LI .g BY: .tEtJe?A 1�- L )
J nette Jones
Steven F. Child, Chair
U-duty County CI-rk
Date:_ ,.J7/ 2O /5
APPROVED AS TO FORM: MANAGER APPROVAL
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John Count A orney Jon Peacock, ounty Manager