HomeMy WebLinkAboutResolution 2017-0036CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 36
Series of 2017
TITLE: A RESOLUTION APPROVING AN EMPLOYEE SCREENING
AGREEMENT WITH THE JEFFERSON COUNTY COMMUNICATIONS
CENTER AUTHORITY
WHEREAS, the City of Wheat Ridge, Colorado (the "City), acting through its City
Council ("Council") is a home rule municipality with statutory and constitutional authority to
enact ordinances and enter into agreements for protection of the public health, safety and
welfare; and
WHEREAS, Part 2 of Article 1 of Title 29, C.R.S., authorizes the City to enter into
agreements with other governmental entities to cooperate in the provision of any function,
service, or facility each is authorized to provide; and
WHEREAS, the Jefferson County Communications Center Authority ("Jeffcom") is
a separate governmental entity created by an intergovernmental agreement, to which the
City is a party, for purposes of providing emergency services reporting, dispatching and
communication services to its member agencies; and
WHEREAS, to facilitate the eventual transition of dispatching services from the
City's own dispatch center to a centralized Jeffcom dispatch center, Jeffcom has offered to
screen and pre-qualify applicants for City dispatcher positions until such time as Jeffcom
assumes sole responsibility for hiring dispatchers; and
WHEREAS, Jeffcom has proposed an Employee Screening Agreement setting
forth the terms and conditions of the employee screening services, including the provision
of such services at no cost to the City; and ·
WHEREAS, the Council finds that it is in the City's best interest to take advantage
of this free employee screening service and that doing so would not compromise or
otherwise undermine the City's final authority over its personnel decisions; and
WHEREAS, Section 14.2 of the Wheat Ridge Home Rule Charter authorizes the
Council, acting by resolution or ordinance, to approve intergovernmental agreements.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
The attached Employee Screening Agreement between the City and the Jefferson
County Communications Center Authority is hereby approved. The Mayor and City Clerk
are authorized to execute the same.
ATTEST:
EMPLOYEE SCREENING AGREEMENT
THIS EMPLOYEE SCREENING AGREEMENT (this "Agreement") is made and
entered into the most recent day and year set forth below by and between Jefferson
County Communications Center Authority ("Jeffcom") and the City of Wheat Ridge, (the
"Member"). Jeffcom and Member are sometimes referred to herein individually as a
"Party" and collectively as the "Parties."
RECITALS
WHEREAS, Jeffcom is a separate governmental entity created pursuant to Section
29-1-203, C.R.S., by the Intergovernmental Agreement Establishing the Jefferson County
Communications Center Authority ("Creation Agreement"); and
WHEREAS, the Member is a political subdivision of the State of Colorado
organized and existing under the State of Colorado Constitution and the laws of the State
of Colorado, and is a member of the Creation Agreement; and
WHEREAS, Jeffcom was established to provide emergency services reporting,
dispatching, and communications, along with coordination and support services. between
its members, and between the members and public or private entities that have entered
into an agreement for such services with Jeff com; and
WHEREAS, pursuant to paragraph 3.4.1 of the Creation Agreement, Jeff com is
constructing a consolidated communications and dispatching center on behalf of its
members at 433 S. Allison Way, Lakewood, Colorado 80226 ("Dispatch Center");
WHEREAS, pursuant to paragraphs 3.4.4 and 3.4.6 ofthe Creation Agreement,
Jeffcom has the power to enter into, make and perform contracts of every kind and to
hire, manage and terminate employees; and
WHEREAS, pursuant to paragraph 6.4 of the Creation Agreement, the Member
will transfer certain employees to J effcom after July 1, 201 7 at a date agreed to by the
Member and Jeffcom (the "Cutover Date"); and_
WHEREAS, the Parties anticipate that the Member will have open positions for
emergency dispatchers that need to be filled prior to the Cutover Date; and from the
effective date of this Agreement through the Cutover Date (the "Screening Period"), the
Parties desire to fill such open positions by having J effcom recommend candidates who
meet the minimum qualifications attached hereto as Exhibit A and incorporated herein
(the "Qualifications") and using the recruiting, screening and interview process set forth
on Exhibit B, attached hereto and incorporated herein (the "Screening Process"); and
WHEREAS, this Agreement sets forth the terms and conditions upon which
J effcom will screen and recommend emergency dispatchers for hire by the Member
during the Screening Period.
AGREEMENT
In consideration of the mutual covenants and obligations herein expressed, it is
agreed by and between the Parties as follows:
1. Services.
(a) Jeffcom agrees to recruit, screen and interview candidates for open
positions for emergency dispatchers using the Screening Process attached hereto as
Exhibit B, and will create and maintain a list of qualified candidates (the "Recommended
Dispatchers") who meet the Qualifications listed in Exhibit A.
(b) Upon notification by a Member of an open position for an
emergency dispatcher, Jeffcom will provide the list of Recommended Dispatchers to the
Member.
(c) Member is under no obligation to hire from Jeffcom's list of
Recommended Dispatcher and may hire, accept, or reject any Recommended Dispatcher,
or hire dispatchers not on the Recommended Dispatcher list.
( d) Any Recommended Dispatcher hired by the Member will be an
employee of Member and Member will be responsible for all wages, including any
overtime compensation, and benefits for and supervision of the Recommended
Dispatcher until the Cutover Date.
2. Term. The term of this Agreement shall commence upon execution by the
Parties and shall expire on the Cutover Date.
3. Early Termination by Member. Either Party may terminate this Agreement
at any time without cause by providing written notice of termination to the other Party.
Such notice shall be delivered at least three (3) days prior to the termination date
contained in said notice unless otherwise agreed in writing by the Parties.
4. Compensation. There shall be no charge for Jeffcom's employee screening
services to be performed pursuant to this Agreement.
5. Party Representatives. Each Party will designate, prior to commencement
of work, its project representative (the "Party Representatives") who shall make, within
the scope of his or her authority, all necessary and proper decisions with reference to the
services provided pursuant to this Agreement. All requests for contract interpretations,
{00552502.DOCX/ } 2
change orders, and other clarification or instruction shall be directed to the Party
Representatives.
6. Independent Contractor. The Services to be performed by Jeffcom are
those of an independent contractor and not of an employee of the Member. Neither
Party, nor its employees, if any, are entitled to workers' compensation benefits from
the other Party for the performance of the Services specified in this Agreement.
7. Liability. Under no circumstances shall Jeffcom or the Member be liable to
the other Party for special, punitive, indirect or consequential damages arising out of or in
connection with this Agreement (except as set forth in Section 9 herein). The Parties are
relying on, and do not waive or intend to waive by any provision of this Agreement, the
monetary limitations or any other rights, immunities, defenses and protections provided
by the Colorado Governmental Immunity Act,§ 24-10-101 et seq., C.R.S., as from time
to time amended ("CGIA"), or otherwise available to the Parties or their officers or
employees.
8. Insurance. Each Party represents, warrants, and agrees that it has and shall
maintain their own policies of State minimum workers' compensation insurance coverage
for its employees, and also maintain broad form general liability, property damage, and
automotive liability insurance in the minimum amount of $350,000 for bodily injury,
death, or damage to property of any person and $990,000 for bodily injury, death, or
damage to property of more than one person, or the maximum amount that may be
recovered under the Colorado Governmental Immunity Act,§ 24-10-101 et seq., C.R.S.,
as from time to time amended (the "CGIA"), whichever is higher. At the request of
either Party, the non-requesting Party shall provide the requesting Party with
documentation evidencing such coverages.
9. Illegal Aliens. Jeffcom certifies that Jeffcom shall comply with the
provisions of Section 8-17.5-101 et seq., C.R.S. Jeffcom shall not knowingly employ or
contract with an illegal alien to perform work under this Agreement or enter into an
agreement with a subcontractor that knowingly employs or contracts with an illegal alien.
Jeffcom represents, warrants and agrees that it has confirmed the employment eligibility
of all employees who are newly hired for employment to perform work under this
Agreement through participation in either the E-Verify Program or the Department
Program described in Section 8-17.5-101, C.R.S. Jeffcom shall not use either the E-
Verify Program or the Department Program procedures to undertake pre-employment of
job applicants while the public contract for services is being performed. If Jeffcom
obtains actual knowledge that a subcontractor performing work under this Agreement
knowingly employs or contracts with an illegal alien, Jeffcom shall: (i) notify the
subcontractor and the Member within three (3) days that Jeffcom has actual knowledge
that the subcontractor is employing or contracting with an illegal alien; and (ii) terminate
the subcontract with the subcontractor if within three (3) days of receiving such notice,
the subcontractor does not stop employing or contracting with the illegal alien, unless the
{00552502.DOCX/ } 3
subcontractor provides information to establish that the subcontractor has not knowingly
employed or contracted with an illegal alien. Jeffcom shall comply with all reasonable
requests made in the course of an investigation by the Colorado Department of Labor and
Employment. If Jeff com fails to comply with any requirement of Section 8-17 .5-102(2),
C.R.S., the Member may terminate this Agreement for breach, and Jeffcom shall be liable
for actual and consequential damages to the Member. If Jeffcom participates in the
Department Program, Jeffcom shall provide the affirmation required under Section 8-
17.5-102(5)(c)(II), C.R.S., to the Member.
10. Warranties and Guarantees. Jeffcom provides no warranty or guarantee as
to the suitability of any Recommended Dispatcher for employment with the Member or
the performance of any Recommended Dispatcher once hired by Member. The inclusion
of a Recommended Dispatcher on Jeffcom's list means only that based on the
information provided to and received and reviewed by Jeffcom, Jeffcom believes the
Recommended Applicant meets the Qualifications.
11. Compliance with Laws. Jeff com is obligated to familiarize itself and
comply with all laws applicable to the performance of the services provided under this
Agreement.
12. Acceptance Not Waiver. The Member's approval or acceptance of any of
the services shall not be construed to operate as a waiver of any rights or benefits
provided to the Member under this Agreement.
13. Default. Each and every term and condition hereof shall be deemed to be a
material element of this Agreement. In the event either Party should fail or refuse to
perform according to the terms of this Agreement, such Party may be declared in default.
14. Remedies. In the event a Party declares a default by the other Party, such
defaulting Party shall be allowed a period of ten ( 10) days within which to cure said
default. In the event the default remains uncorrected, the Party declaring default may
elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as
continuing and require specific performance; or ( c) avail itself of any other remedy at law
or equity. If the non-defaulting Party commences legal or equitable actions against the
defaulting Party, the defaulting Party shall be liable to the non-defaulting Party for the
non-defaulting Party's reasonable attorney fees and costs incurred because of the default.
15. Binding Effect. This writing constitutes the entire agreement between the
Parties and shall be binding upon the Parties, their officers, employees, agents and
assigns and shall inure to the benefit of the respective survivors, heirs, personal
representatives, successors and assigns of the Parties.
16. Law: Venue. The laws of the State of Colorado shall govern the
construction, interpretation, execution and enforcement of this Agreement. Venue for
{00552502.DOCX I } 4
any dispute between the Parties arising out of or relating to this Agreement shall be in the
State of Colorado District Court for Jefferson County.
17. Severabilitv. In the event any provision of this Agreement shall be held
invalid or unenforceable by any court of competent jurisdiction, such holding shall not
invalidate or render unenforceable any other provision of this Agreement.
18. Annual Appropriation. Each Party's obligations hereunder are subject to
the annual appropriation of funds necessary for the performance thereof, which
appropriations shall be made in the sole discretion of each Party's Board of Directors.
19. Notices. All notices which are required or which may be given under this
Agreement shall be effective when mailed via registered or certified mail, postage
prepaid and sent to the following addresses:
To Jeffcom:
Jefferson County Communications Center Authority
Attn: Executive Director
433 S. Allison Way
Lakewood, CO 80226
To Member:
Wheat Ridge Police Department
Attn: Daniel Brennan, Chief of Police
7500 W. 29th Ave
Wheat Ridge, CO 80033
20. Counterparts, Electronic Signatures and Electronic Records. This
Agreement may be executed in two counterparts, each of which shall be an original, but
all of which, together, shall constitute one and the same instrument. The Parties consent
to the use of electronic signatures and agree that the transaction may be conducted
electronically pursuant to the Uniform Electronic Transactions Act, § 24-71.3-101, et
seq., C.R.S. The Agreement and any other documents requiring a signature may be
signed electronically by either Party. The Parties agree not to deny the legal effect or
enforceability of the Agreement, solely because it is in electronic form or because an
electronic record was used in its formation. The Parties agree not to object to the
admissibility of the Agreement in the form of an electronic record, a paper copy of an
electronic document, or a paper copy of a document bearing an electronic signature on
the grounds that it is an electronic record or an electronic signature or that it is not in its
original form or is not an original.
21. No Third Partv Beneficiaries. The Parties to this Agreement do not intend
to benefit any person not a party to this Agreement. No person or entity, other than the
{00552502.DOCX I } 5
Parties to this Agreement, shall have any right, legal or equitable, to enforce any
provision of this Agreement.
{00552502.DOCX I }
JEFFERSON COUNTY
COMMUNICATIONS CENTER
AUTHORITY
By:
Name:
Title:
Date:
By:
Name: · o l+-~=-=--i~"-----'~"l--~~~~~~~
Title: mtii1a r
Date: 'l -:J. 5" -· Ir
6
EXHIBIT A
MINIMUM QUALIFICATIONS
High school diploma or GED
Must be at least 18 years old to apply
Demonstrated excellent oral and written communication skills
Testing scores:
• CritiCall minimum score: 80%, typing speed minimum 40 WPM
• National Dispatcher Selection Test (NDST) minimum score: 83%
• Prioritization/problem-solving exercise: pass/fail
Background check:
Successful background investigation by investigator to include:
• Interview with investigator
• Personal History Questionnaire
• Identity verification -appropriate government-issued identification which
verifies age and identity
• DMV history (including out of state, if applicable)
• Education verification -high school diploma and transcripts or GED
certificate, and college transcripts and diploma, if applicable
• Credit check
• DD-214 from military service, if applicable
• Fingerprint check
• Applicable training, seminar, or certification(s) documentation
Ability to obtain and maintain CCIC/NCIC Certification: clear criminal records, or
within acceptable limits as defined by ens requirements
Successful completion of polygraph examination
Successful completion of drug screen (not positive for any prohibited substances)
Successful completion of hearing and vision screenings
Successful completion of psychological suitability examination
Positive professional references
Positive employment references and performance information
EXHIBITB
SCREENING PROCESS
1. Job application through the Jeffcom Applicant Tracking System.
2. Applications and resumes reviewed by Jeffcom's Ops Manager(s), Human
Resources Manager, and Executive Director as appropriate.
3. Written exercise: responses to job-specific questions to determine interest and
suitability, must be completed and submitted by candidate by set deadline.
Responses reviewed by Ops Manager(s), Human Resources Manager, and
Executive Director as appropriate.
4. Job Specific testing:
A. CritiCall and/or NDST
B. Prioritization/problem-solving exercise( s)
5. Personal History Questionnaire completed.
6. Oral Board Interview: team of management, Human Resources, and potentially
current supervisors or managers from Member agencies.
7. Conditional Job Offer extended-job offer extended at this point conditional on
successful background check and on a Member agency having an opening that
needs to be filled. The conditional job offer allows Jeffcom to have certain
questions asked to gain vital information as part of selection process.
8. Background check process (not necessarily in this order):
A. Background investigation by investigator
• Interview with investigator
• Personal History Questionnaire
• Identity verification-appropriate government-issued identification
which verifies age and identity
• DMV history (including out of state, if applicable)
• Education verification -high school diploma and transcripts or GED
certificate, and college transcripts and diploma, if applicable
• Credit check
• DD-214 from military service, if applicable
• Applicable training, seminar, or certification(s) documentation
B. Criminal background checks (state, nationwide, FBI)
{00552502.DOCX/ } 8
C. Employment verification including review of disciplinary actions, performance
reviews, and any other related performance information made available
D. Professional references (minimum of 3)
E. Fingerprint check
F. Drug test (hair follicle)
G. Hearing and vision screenings
H. Polygraph examination
I. Psychological screening for job suitability
9. Presuming candidate successfully passes all stages, the candidate will be placed on
the eligibility list to be provided to Member agencies for selection.
• Member agencies may conduct interviews to choose from eligibility list, if
desired. J effcom HR Manager can assist with scheduling if requested.
• All pre-employment documentation, assessment scores, background check
documentation will be provided upon hire of candidate.
{ 00552502.DOCX I } 9