HomeMy WebLinkAboutbocc.res.013.2016 CONTRACT RACT k 'a° '
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RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO
APPROVING AN INTERGOVERNMENTAL
AGREEMENT WITH THE CITY OF GRAND
JUNCTION THROUGH THE GRAND JUNCTION
REGIONAL DISPATCH CENTER FOR THE
PROVISION OF SERVICES OF EMERGENCY
MEDICAL DISPATCH QUALITY ASSURANCE
RESOLUTION NO. 99/3 2016
RECITALS
WHEREAS: Pursuant to title 29,Article 1,part 2, Colorado Revised Statutes, as
amended (the"Intergovernmental Relations Statutes")and Article XIV, Section 18 of the
Colorado Constitution, governments may contract with one another to provide any function,
service or facility lawfully authorized to each of the contracting units and any such contract
may provide for the joint exercise of the function, service or facility,including the
establishment of a separate legal entity to do so.
WHEREAS,The City of Grand Junction through the Grand Junction Regional
Dispatch Center and Pitkin County Government each maintain and operate emergency
dispatch communications systems for the transmission and dispatching of messages
relating to fire and/or police protection and other public safety services; and
WHEREAS, both agencies seek to improve the professional dispatching of
calls for emergency services across the board to improve rapid and accurate
response to 911 emergency calls;
WHEREAS, both agencies desire to enter into an agreement regarding the
monitoring of calls for emergency services in an effort to better serve the public with
the most professional, effective and timely service to improve and assure public safety
and to upgrade and identify any deficiencies of trainings for dispatchers;
WHEREAS, both agencies 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 Board of County Commissioners finds that it is in the best
interests of the citizens of Pitkin and Mesa Counties that to enter into this agreement
for the provision of services of Emergency Medical Dispatch Quality Assurance as
such emergency dispatch call monitoring is needed by one party and available from
the other.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Pitkin County, Colorado that Pitkin County is authorized to enter into an
Intergovernmental Agreement with the City of Grand Junction through the Grand
Junction Regional Dispatch Center for the Provision of Services of Emergency Medical
Dispatch Quality Assurance to the satisfaction of the County Attorney and authorizes the
Chair to sign the agreement.
did
INTRODUCFDPp FIRST READ,AND SET FOR PUBLIC HEARING ON THE��
DAY OF r'„GYj Vaal, 6) ,2016.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
RESOLUTIO)I PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE//
DAY OF �—�10 l/U6c-r 1 ,2016.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION
POSTED ONHE OFFICIA PITKIN COUNTY WEBSITE (www_pitkincounty.com)
ON THE `g DAY OF /2,066,/,2016.
d
ADOPTEDAFTER FINAL READING AND PUBLIC HEARING ON THE �y
DAY OF ecei,r"U , 2016.
PUBLISHED BY TITLE AND SHORT SUMMARY,A.
F ER ADOPTION, IN THE
ASPEN TIMES WEEKLY ON THE '9' DAY OF Y 1iL ,2016.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN
CO TY WEBSITE (www.pitkincounty.com) ON THE g6 DAY OF
.✓ 2016.
I
ATTE: BOARD OF COUNTY .IMIVIISSIONERS
BY: EL 1, ! A _ /, Alio By: ne/(f /( At 01
Jeane Jones / achel E. Ric . ••: �
_it
Dat : 0 o��/i .1S0
4 I
APPROVED AS TO FORM: MANAGER APPROVAL
John Ely, • • • ey Jon Peacock, County Manager
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CONTRACT# l`l �
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITY OF GRAND JUNCTION, STATE OF COLORADO AND
COUNTY OF PITKIN, STATE OF COLORADO
FOR EMERGENCY MEDICAL DISPATCH QUALITY ASSURANCE
THIS INTERGOVERNMENTAL AGREEMENT(the"Agreement")is made this 15t day of
January, 2016 by and between the CITY OF GRAND JUNCTION, STATE OF COLORADO,
by and through the Grand Junction Regional Communications Center, 555 Ute Avenue, Grand
Junction, Colorado("City") and COUNTY OF PITKIN, STATE OF COLORADO,by and
through its Board of County Commissioners, whose address is 530 East Main Street, Aspen,
Colorado, 81611 ("Pitkin")collectively the ("Parties").
RECITALS
WHEREAS: This Agreement is entered into pursuant to, inter alio, C.R.S. §§ 29-1-201,
et seq. and Article XIV, Section 18 of the Colorado Constitution; and
WHEREAS: Pitkin wishes to secure a provider of certain services to review, audit and
examine the audio recordings of emergency medical dispatch calls("Cases")completed by
Pitkin. The purpose of the City's work will be to determine reasonable compliance with the
protocol(s) used by Pitkin for its Emergency Medical Dispatch policies and procedures.
WHEREAS: It is in the best interest of both Pitkin and City to enter into this Agreement.
NOW,THEREFORE, for an in consideration of the mutual promises and agreements of the
parties and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. Term. The term of the Agreement is from January 1,2016 to December 31,2016. At the
expiration of the initial term,the Agreement may be extended for five(5)additional one-year terms by
the express written consent of both parties.
2. The City's Obligations and Authority. The City shall provide Pitkin Quality Assurance of an
estimated 500 Emergency Medical Dispatch("EMD")calls for service("Cases")during the period of the
Agreement. Cases that are found to be non-compliant by the City with the EMD standards as provided by
Exhibit A: Scope of Work,attached hereto and incorporated by this reference,will be forwarded to
Pitkin for review and action as determined necessary or appropriate by Pitkin.The City will consult with
Pitkin no less than monthly to provide report(s)of non-compliance as reasonably determined by the City
and/or to report any apparent pattern or trend of non-compliant performance and recommended training to
be provided to Pitkin employee(s)by Pitkin in response to reasonably identified deficiencies with the
EMD.
Compensation shall be$20.00 per call monitored by City.
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3. Pitkin's Obligations. Pitkin shall administer this Agreement through the acting Pitkin
County Regional Emergency Dispatch Center Director,and the Director will manage the project as Pitkin's
Representative. If the Director is not available, a Dispatch Supervisor shall assume the duties as Pitkin's
Representative. The services provided and products delivered by the City under this Agreement will be
subject to review by Pitkin's Representatives,or a designee, for compliance with City's obligations.
4. Compensation and Expenses, Invoicing,Payment and Offset. Pitkin shall compensate the
City for its services in accordance with the per call amount for the estimated number of Cases as described
in Paragraph 2. It is expressly understood and agreed that in no event will the total compensation and
reimbursement to be paid hereunder exceed the sum of ten thousand dollars ($10,000.00) for all services
rendered. City shall invoice for the project on an annual basis with payment in full due within thirty(30)
days of invoice.
5. Pitkin's Exclusive Ownership of Work Product. Reports,recommendations and other
document(s) prepared by the City in connection with this Agreement shall be the property of Pitkin;
however,City shall have the right to utilize such documents in the course of its professional presentations
and other business purposes. City assigns to Pitkin the copyright(s) to all work prepared, developed, or
created pursuant to this Agreement, including the right to: a) reproduce the work; b) prepare derivative
works; c) distribute copies to the public as the same may otherwise be controlled by the Colorado Open
Records Act and/or other applicable law protecting patient privacy and/or medical records.City shall have
the right to use materials produced in the course of this Agreement for professional presentations,articles,
speeches and other business purposes as the same may otherwise be controlled by the Colorado Open
Records Act and/or other applicable law protecting patient privacy and/or medical records.
6. Termination Prior to Expiration of Agreement Term. Pitkin has the right to terminate
this Agreement, with or without cause, by giving written notice to the City of such termination and
specifying the effective date thereof. Such notice shall be given at least ten (10) days before the effective
date of such termination. In such event all finished or unfinished documents, data, studies and reports
prepared by the City pursuant to this Agreement shall become Pitkin's property. City shall be entitled to
receive compensation in accordance with the Agreement for any satisfactory work completed pursuant to
the terms of this Agreement prior to the date of termination. Notwithstanding the above, City shall not be
relieved of liability to Pitkin for damages sustained by Pitkin by virtue of any breach of the Agreement by
the City.
7. Assignability. This Agreement is not assignable by either party.
8. Binding Mediation. Any dispute(s)arising out of or under this Agreement or the performance
or non-performance thereof shall be subject to mediation as a precondition to litigation. The parties agree
that any disputes concerning the terms and conditions of this Agreement shall be submitted and finally
settled by mediation by the Pitkin County Hearing Officer appointed to arbitrate Pitkin's agreement
disputes. Costs of the mediation shall be awarded to the prevailing party.
9. Severability. In the event that any provision of this Agreement shall be held to be invalid or
unenforceable,the remaining provisions of this Agreement shall remain valid and binding upon the parties
hereto.
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10. Integration and Modification.
A. This Agreement represents the entire and integrated Agreement between Pitkin and the
City and supersedes all prior negotiations,representations,or agreement,either written or oral. This Agreement
may be amended only by written Agreement signed by both Pitkin and the City.
B. Pitkin may,from time to time,request changes in the scope of services of the
City to be performed hereunder. Such changes shall proportionally increase or decrease the City's
compensation. Any changes to the Agreement shall be mutually agreed upon in advance and in writing by
and between Pitkin and the City and shall upon mutual execution become part of this Agreement.
11. Indemnity. The City agrees to the extent authorized by law to indemnify,hold harmless and,
not excluding Pitkin's right to participate,defend Pitkin,its elected officials and trustees, for the willful or
wanton negligent performance by the City of the work done in fulfillment of the terms of this Agreement. It
is agreed that the City will be responsible for primary loss investigation,defense and judgment costs where
this Agreement of indemnity applies. This Agreement shall be construed and/or interpreted to require and/or
provide for indemnification of the City by Pitkin for any claimed or caused injury to any person and/or any
property damage whatsoever which is caused or claimed to be caused by the call taker,dispatcher,EMT,
paramedic or other person be he/she/they a Pitkin employee,agent or another person that aids another,
attempts to aid another or otherwise renders aid or service or fails to aid another/render service after an EMD,
which is the subject of any of the Case(s)that the City is reviewing in accordance with this Agreement. The
City and Pitkin may assert the protection of the Colorado Governmental Immunity Act 24-10-101,et.seq.,all
as more particularly stated in Paragraph 16.
12. Records. The City shall maintain accurate records,and documents concerning the Cases that it is
reviewing/commenting on, for Pitkin relating to this Agreement for a period of three (3) years after the
final Case is reviewed/reported to Pitkin. Pitkin shall have the right within the three (3) year period to
inspect the records and documents, upon demand, in a reasonable manner and at reasonable times.
13. Agreement Made in Colorado.The parties agree that this Agreement was made in accordance
with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the
courts of Mesa County,Colorado.
14. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of this
Agreement beyond the arbitration described in Paragraph 8,the substantially prevailing party shall be entitled
to its costs and reasonable attorney's fees.
15. Government Immunity. City and Pitkin each agree and understand that they are relying on and do
not waive, by any provision of this Agreement, the monetary limitations or terms or any other rights,
immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101, et seq.,
C.R.S., as from time to time amended, or otherwise available to the City or Pitkin or any of its officers,
agents or employees.
16. Current Year Obligations. The parties acknowledge and agree that any payments provided
for hereunder or requirements for future appropriations shall constitute only currently budgeted
expenditures of Pitkin. Pitkin's obligations under this Agreement are subject to Pitkin's annual budget and
appropriation of the sums necessary to pay the City for services set forth herein. No provisions of the
Agreement shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then
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current fiscal year of Pitkin. No provision of the Agreement shall be construed or interpreted as creating a
multiple-fiscal year direct or indirect debt or other financial obligation of Pitkin within the meaning of any
constitutional or statutory debt limitation. This Agreement shall not directly or indirectly obligate Pitkin
to make any payments beyond those appropriated for Pitkin's then current fiscal year. No provisions of
this Agreement shall be construed to pledge or create a lien on any class or source of Pitkin's moneys, nor
shall any provision of this Agreement restrict the future issuance of Pitkin's bonds or any obligations
payable from any class or source of Pitkin's money.
17. Notice. Any written notice required by this Agreement shall be deemed delivered through any
of the following: (1) hand delivery to the person at the address below; (2) delivery by facsimile with
confirmation of receipt to the fax number below; or(3) within three (3) days of being sent certified first
class mail,postage prepaid,return receipt requested addressed as follows:
A. To: Pitkin County with copies to:
Dispatch Director Pitkin County Attorney's Office
Pitkin County Regional 530 E.Main Street,#302
Emergency Dispatch Center Aspen,Colorado 81611
506 E. Main St., Dept.C Fax:(970)920-5198
Aspen,Colorado 81611
970.920.5310 tel
970.920.5339 fax
13. To: Grand Junction Regional Communications Center
Attn: Monica Million with copy to:
555 Ute Avenue City Attorney
Grand Junction,CO 81501 250 N.5th Street
970.549.5403 tel Grand Junction,CO 81501
970.549.5002
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS Agreement as of the date first set
out herein above.
THITY OF GRAND JUNCTION,
GRAN I JUNCTION REGIONAL COMMUNICATION CENTER
sy _ Z
Title: n 11r + 6L1 1/
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Date
5
PITKIN COUNTY, COLORADO
A , E'T: BOARD OF COUNT z TONERS
By: tnette Jones f Ravel E. Richards, air
�eputy County *ierk el?Al41/�
Date
_ yam
John E + n • .rney Jon eacock, County Manager
6
EXHIBIT A
Pitkin County("Pitkin") and the City of Grand Junction
by and through the Grand Junction Regional Communications Center("City")
Emergency Medial Dispatch Quality Assurance Service Agreement
Scope of Work
1. The City will review, audit and examine the audio recordings of emergency
medical dispatch calls("Cases") completed by Pitkin through the Pitkin County Regional
Emergency Dispatch Center. The purpose of the City's work will be to determine reasonable
compliance with the protocol(s) used by Pitkin for its Emergency Medical Dispatch("EMD")
policies and procedures.
2. Pitkin subscribes to the International Academies of Emergency Dispatch EMD
priority dispatching program, and for each medical call Pitkin staff asks a series of key questions
and provides pre-arrival instructions for medical emergencies that Pitkin's dispatchers receive
over the telephone. The City will review up to 500 Cases for reasonable compliance with the
medically approved, standardized protocols adopted by Pitkin for managing the emergency
services it provides.
3. In 2014 the Colorado legislature adopted SB 14-162 now codified at C.R.S. 25-3.5-901
et. Seq., which among other things requires emergency medical service providers to institute a
quality assurance/quality management program to conduct quality management assessments of
the services provided. Pitkin is hiring the City to provide such services for it.
4. Pitkin is committed to providing the highest degree of quality standardized
emergency dispatch response-phone directed care that it can provide to its community and in
accordance with Colorado law, specifically C.R.S. 25-3.5-904,will have the City review its
Cases for
(a) reasonable compliance with treatment protocols and pre-hospital care and;
(b) peer review of qualifications, competence and appropriateness of care, all as more
particularly defined by law.
5. The City shall report to Pitkin, as it becomes aware, problems,risks and
potential risks. The report(s) shall be in the form of spreadsheets indicating the monthly
specifics of each reviewed call by employee name with number of calls reviewed. The form will
be used to identify the specific area of protocol that resulted in the non-compliance, and potential
problem(s)/pattern of problem(s). (Form should include a description of the call/Case without
disclosing privileged information.) From this data the analyst will assist the supervision in the
agency in the development of possible corrective action plans, including education,prevention
means of minimizing potential problems,problems or risk and a process for follow-up for Pitkin.
6. The City will work within Pitkin's record keeping system at their agency and
all data will be maintained by the originating agency.
IGA Term Extension: PCREDC—GJRDC
Resolution No.013.2016
4hJKIN
COUNT
November 29, 2016
The City of Grand Junction through the
Grand Junction Regional Dispatch Center
555 Ute Avenue
Grand Junction, CO 81501
RE: Emergency Medical Dispatch Quality Assurance
Renewal of Intergovernmental Agreement(BOCC Resolution No. 013.2016)
Pitkin County has elected to renew the Intergovernmental Agreement(Resolution
Number 013.2016) with Grand Junction Regional Dispatch Center which is set to expire
on December 31, 2016. Per the terms of this Agreement, it states that"At the expiration
of the initial term,the Agreement may be extended for five (5)additional one-year terms
by the express written consent of both parties."
If the renewal of this Agreement is agreeable to Grand Junction Regional Dispatch Center,
please sign in the space provided below and return it to us for recording(by fax:
970.920.5339 or email: brett.loeb@pitkin9l 1.org).
Pitkin County hereby authorizes the renewal of the above-mentioned IGA(Resolution No.
013.2016)with Grand Junction Regional Dispatch Center for a period of one year from
contract expiration date; the new expiration date is December 31,2017.
All terms and rates will remain the same for the year 2017.
Any changes in rates thereafter will be by an addendum.
PITKIN COUNTY REGIONAL G' • ND JUNCTION REGIONAL
EMERGENCY DISPATCH CENTER P SPA ' H CENTER
r
By: r ��
rett Loeb, unications Director Monica Million,Operations Manager