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HomeMy WebLinkAboutResolution 2017-0046CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 46 Series of 2017 TITLE: A RESOLUTION APPROVING A DISPATCHER TRANSITION AND LICENSE 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 (the "Creation Agreement"); and WHEREAS, under the Creation Agreement, Jeffcom will eventually operate a centralized communications and dispatching center in Lakewood, Colorado ("Dispatch Center") that will enable consolidation of all member agencies' dispatching centers; and WHEREAS, under the Creation Agreement, Wheat Ridge dispatching employees will become Jeffcom employees on January 1, 2018, however, the Dispatch Center will not be operational until sometime after January 1, 2018; and WHEREAS, Jeffcom has proposed an agreement under which current Wheat Ridge dispatching employees may continue to use Wheat Ridge dispatching facilities in 2018 until such employees are moved and transitioned to the Dispatch Center, projected to occur no later than May, 2018; and WHEREAS, the City Council finds and determines that the proposed transition agreement is in the best interest of the public health, safety and welfare, by ensuring that local dispatch services continue to be available and reliable during the transition of those critical public safety services to a new physical location; 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 Dispatcher Transition and License 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. DONE AND RESOLVED this 11th day of December 2017. Bud Starker, Mayor ATIEST: 2 DISPATCHER TRANSITION AND LICENSE AGREEMENT THIS DISPATCHER TRANSITION AND LICENSE AGREEMENT ("Agreement") is made and entered into as of January 1, 2018 by and between the Jefferson County Communications Center Authority ("Jeffcom") and the City of Wheat Ridge ("Wheat Ridge"). Jeffcom and Wheat Ridge are collectively referred to herein as, the "Parties." RECITALS A. Wheat Ridge is a home rule municipality duly organized and existing under Articles XX of the Colorado Constitution and the Wheat Ridge Home Rule Charter; and B. 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") entered into by and among the Cities of Arvada, Golden, Lakewood and Wheat Ridge; the Jefferson County Sheriffs Office; and Arvada Fire Protection District, Evergreen Fire Protection District and West Metro Fire Protection District (collectively, the "Members"); and C. Jeffcom was established to provide emergency services reporting, dispatching, and communications, along with coordination and support services between the Members and between the Members and public or private entities that have entered -into an agreement for such services with J effcom; and D. Pursuant to Paragraph 3.4.1 of the Creation Agreement, Jeffcom is constructing a communications and dispatching center on behalf of the Members at 433 S. Allison Way, Lakewood, Colorado 80226 ("Dispatch Center") that will enable consolidation of the Members' respective public safety answering point ("PSAP") operations; and E. Pursuant to Paragraphs 3.4.4 and 3.4.6 of the Creation Agreement, Jeffcom has the power to enter into, make and perform contracts of every kind and to hire, manage, and terminate employees, respectively; and F. Pursuant to Paragraph 6.4 of the Creation Agreement, employment of Wheat Ridge's PSAP personnel ("Dispatchers") will be transferred from Wheat Ridge to Jeffcom as of January 1, 2018, however, the Parties expect the Dispatch Center will not begin active operations as a PSAP until after January 1, 2018; and G. Despite being employed by Jeffcom as of January 1, 2018, some or all of the Dispatchers will continue to work temporarily at the PSAP operated by Wheat Ridge (the "Wheat Ridge PSAP"), until sometime after the Dispatch Center begins active operations; and {00589302.DOCX I } H. The Dispatchers will begin working at the Dispatch Center in phases over a period of several months, which is anticipated to occur between February and April, 2018 (the "Transition Period"); and I. This Agreement sets forth the terms and conditions upon which Wheat Ridge will transfer its Dispatchers to J effcom and allow the Dispatchers to use the Wheat Ridge PSAP during the Transition Period. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows. 1. Term. The term of this Agreement shall commence on January 1, 2018 and expire on the date on which all Dispatchers are working at the Dispatch Center, which is expected to be on or before May 31, 2018, and in no event later than December 31, 2018. 2. Employment Transfer Date. All Dispatchers shall cease to be employees of Wheat Ridge at midnight on December 31, 2017 and shall become employees of J effcom at 12:01 a.m. on January 1, 2018. 3. Work Location: Grant of License. (a) All Dispatchers shall continue to work at the Wheat Ridge PSAP until Jeffcom directs such Dispatchers to begin working at the Dispatch Center. The Dispatchers will begin working at the Dispatch Center in phases, according to a schedule determined by J effcom, but in no event shall any Dispatcher continue working at the Wheat Ridge PSAP past May 31, 2018. (b) Wheat Ridge hereby grants to Jeffcom and its employees a revocable, non-exclusive license (the "License") to enter into and use the Wheat Ridge PSAP at any time for use in connection with the dispatching services provided by the Dispatchers during the Transition Period. The License includes the right to access and use the common areas and parking lots associated with the Wheat Ridge PSAP and the right to use the furniture and equipment currently located in the Wheat Ridge PSAP. Jeffcom shall be solely responsible for any damage caused by Jeffcom or its employees to the Wheat Ridge PSAP and associated common areas, parking lots, furniture, and equipment. Wheat Ridge will provide all utilities necessary for Jeffcom's use of the Wheat Ridge PSAP including, without limitation, telephone and Internet service. The Parties shall exercise reasonable efforts to avoid or minimize any interference with each other's operations. 4. Supervision. Beginning January 1, 2018, the Dispatchers shall be supervised exclusively by Jeffcom, regardless of whether their work location is the Dispatch Center or the Wheat Ridge PSAP. Any job-related communications between {00589302.DOCX I } 2 Wheat Ridge and a Dispatcher during the Transition Period shall be made through Jeffcom. Wheat Ridge shall notify Jeff com, not the Dispatcher, of any problems or concerns it has with respect to a Dispatcher during the Transition Period. If any Dispatcher violates Jeffcom's policies or procedures, or any applicable policies and procedures of the Wheat Ridge PSAP, Wheat Ridge may recommend specific disciplinary action it believes is appropriate for such Dispatcher, and/or may request that the Dispatcher be removed from the Wheat Ridge PSAP and reassigned to a different location. All disciplinary action for Dispatchers will be determined by Jeffcom in its sole discretion. Jeff com shall notify Wheat Ridge of any change in employment status of a Dispatcher assigned to the Wheat Ridge PSAP, including resignation, termination, or any disciplinary action. 5. Wages: Benefits. Beginning January 1, 2018, Jeffcom shall pay the Dispatchers' wages, including any overtime compensation, and provide benefits in accordance with policies adopted by Jeffcom. After such date, Wheat Ridge shall have no obligation to pay or otherwise fund any portion of Dispatchers' wages and benefits. Jeffcom shall pay, withhold and transmit payroll taxes and provide unemployment insurance and workers' compensation benefits. 6. Liability. Beginning January 1, 2018, Jeffcom shall be liable for the intentional or negligent acts and omissions of the Dispatchers who are employees of Jeffcom, regardless of whether their work location is the Dispatch Center or the Wheat Ridge PSAP. To the extent permitted by law, Jeffcom shall indemnify, defend and hold harmless Wheat Ridge and its directors, officers, employees and volunteers (collectively, "Indemnitees") against any and all loss, damage, claim or suit (including reasonable attorneys' fees, costs and expenses) arising from or relating to any intentional or negligent act or omission by Jeffcom or its employees while on Wheat Ridge's premises or using the Wheat Ridge PSAP. Wheat Ridge has the sole right to choose legal counsel to represent the Indemnitees in any claim arising under this section, notwithstanding Jeffcom's obligation to pay the reasonable attorneys' fees, costs and expenses incurred by such legal counsel. Notwithstanding the foregoing, under no circumstances shall Jeffcom or Wheat Ridge be liable to the other party for special, punitive, indirect or consequential damages arising out of or in connection with this Agreement. 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 its officers or employees. This section shall survive termination of this Agreement. 7. Insurance. The Parties shall 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 {00589302.DOCX I } 3 be recovered under the CGIA, whichever is higher. All insurance policies (except workers' compensation) maintained by Jeffcom during the term of the Agreement shall include Wheat Ridge and its elected officials and employees as additional insureds, and all insurance policies (except workers' compensation) maintained by Wheat Ridge for the term of the Agreement shall include Jeffcom and its elected officials and employees as additional insureds. 8. 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. 9. Law: Jurisdiction and Venue. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. Jurisdiction and venue for any dispute between the Parties arising out of or relating to this Agreement shall lie exclusively in the State of Colorado District Court for Jefferson County. 10. 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. 11. 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. 12. No Third-Party 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 Parties to this Agreement, shall have any right, legal or equitable, to enforce any provision of this Agreement. 13. Assi!mment. This Agreement shall not be assigned or delegated except with the prior written consent of the Parties. {00589302.DOCX I } 4 14. Alternative Dispute Resolution. In the event of any dispute or claim arising from or related to this Agreement, the Parties shall use their best efforts to settle such dispute or claim through good faith negotiations with each other. If such dispute or claim is not settled through negotiations within thirty (30) days after the earliest date on which one party notifies the other party in writing of its desire to attempt to resolve such dispute or claim through negotiations, then the Parties agree to attempt in good faith to settle such dispute or claim by mediation conducted under the auspices of the Judicial Arbiter Group ("JAG") of Denver, Colorado or, if JAG is no longer in existence, or ifthe Parties agree otherwise, then under the auspices of a recognized established mediation service within the State of Colorado. Such mediation shall be conducted within sixty (60) days following either party's written request therefor. If such dispute or claim is not settled through mediation, then either party may initiate a civil action in the District Court for Jefferson County. ATTEST: elle Shaver, City Clerk {00589302.DOCX I } JEFFERSON COUNTY COMMUNICATIONS CENTER AUTHORITY CITY OF WHEAT RIDGE By:___,/b~/&.__~-- Name: Bud Starker Title: Mayor 5