TRANSMITTAL. Mandatory Information. BOCC Agenda Item # MEETING DATE:

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1 TRANSMITTAL BOCC Agenda Item # MEETING DATE: Name: Dept: Rick Dunlap Sheriff's Office Date Submitted: Phone: STRATEGIC PLAN PRIORITY #: #3 STRATEGIC BUSINESS PLAN ITEM TO EXPLAIN: To provide for public safety. Discussed with County Manager? Included in Current Year Budget? ANNUAL EXPENSE: OR REVENUE: Additional Employees Required? 0 / No Yes /Q1) No Reviewed by County Attorney? Ye / No Reviewed prior to mail for user signatures. Program is... NEW CONGOIND TEMPORARY Subject to Annual Renewal? 0 / No If so, how many? Staff will be reduced Is this a Bid Award? Yes /0 Is this a Grant? County's Match? Yes / 0 Bidders and Bid Amounts Attach a Summary of Bids Received What Fiscal Policies and Rules Did You Follow? FOR MUMS ENTRY: Org # Obj # Purchase Amount: Mandatory Information Project Code Reviewed by Procurement? Is this to be communicated to the Public? Press Release Editorial Board Newsletter Article Other Budget Amendment Attached? BOCC Review and Discussion w/county Manager SUMMARY: 2016 Dispatch Services Agreements with User Agencies for signature by BOCC Chairman: Olathe Fire Protection District

2 MONTROSE COUNTY AGREEMENT FOR DISPATCH SERVICES THIS INTERGOVERNMENTAL AGREEMENT (this "Agreement") is entered into this day of October 19, 2015, by and between the Olathe Fire Protection District whose address is 406 S.5th St./PO Box 547. Olathe CO 81425, (hereinafter referred to as the "Agency") and THE COUNTY OF MONTROSE, State of Colorado, through its SHERIFF'S OFFICE, whose primary address is 317 South 2nd Street, Montrose, Colorado WHEREAS, Article XIV, Section 18(2)(a) of the Colorado Constitution and Title et seq., of the Colorado Revised Statutes expressly permits and encourages political subdivisions of the State of Colorado to make the most efficient and effective use of their powers and responsibilities by cooperating and contracting with other political subdivisions or agencies of the United States government; and WHEREAS, Title et seq., of the Colorado Revised Statutes further allows governments to cooperate or contract with one another to provide any function, service, or facility lawfully authorized to each of the cooperating or contracting units, including the sharing of costs, the imposition of taxes, or the incurring of debt, only if such cooperation or contracts are authorized by each party thereto with the approval of its legislative body or other authority having the power to so approve; and WHEREAS, any cooperative and collaborative contract shall set forth the full purpose, powers, rights, obligations, and responsibilities, financial or otherwise, of each contracting party; and WHEREAS, jurisdictional entities throughout Ouray, San Miguel, and Montrose Counties, including multi jurisdictional representation from Law Enforcement, Fire Protection, Emergency Medical Services, and Bodies Politic, believe that a Board with both operational and managerial capacity will provide the most cost efficient and effective emergency dispatch services throughout Western Colorado; and WHEREAS, the Sheriff's Office operates and maintains a state of the art regional dispatch center for the provision of emergency and non-emergency dispatch services for Law Enforcement, Fire, and Emergency Medical Services, and other such emergency service purposes; and WHEREAS, the undersigned Agency desires to contract with the Sheriff's Office for the provision of regional dispatch services. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein expressed, the parties hereto agree as follows: 1

3 ARTICLE I SERVICES PROVIDED 1.01 Scope of Services. The MRDC shall provide high quality emergency and nonemergency dispatch services to the Agencies, as further defined in Article III of this Agreement, that are signatories to this Agreement. Services shall be provided on a full-time basis, twentyfour (24) hours per day, and seven (7) days per week, for the full term of this Agreement. Services shall include use of all necessary equipment, support and operation functions of the dispatch center, including NCIC, CCIC, Active 911, CAD and Record Management systems, answering administrative and after-hours telephone calls for any Agency, and dispatch of appropriate emergency personnel from any Agency. ARTICLE II RESPONSIBILITIES OF THE PARTIES 2.01 Communication Equipment. The Board, as further defined in Article III of this Agreement, shall be responsible for the operation and maintenance of the Montrose Regional Dispatch Center, including the installation and maintenance of such dispatch equipment as the Board determines is necessary for the provision of dispatch services Agency Communication Equipment. Each Agency agrees to be responsible for providing and maintaining all communication equipment necessary to receive radio communications, paging, and emergency wireless notifications from the Dispatch Center to the Agency Standards. Montrose Regional Dispatch Center (MRDC) shall make reasonable efforts to adhere to current industry standards of the Association of Public Safety Communications Officials (APCO) and National Emergency Number Association (NENA). ARTICLE III BOARD 3.01 Montrose Regional Dispatch Center Board. The Sheriff's Office hereby establishes The Montrose Regional Dispatch Center Board ("Board"), which shall have operational, procedural, and managerial authority over the Montrose Regional Dispatch Center Members of the Board. The following entities are signatory parties to an Agreement for Dispatch Services with the County of Montrose and combined the Agency and the County shall be collectively referred to as the "Agencies" or the "Member Agencies. (1) Montrose County, Colorado; (2) The City of Montrose, Colorado; (3) The Montrose Fire Protection District; (4) The Town of Olathe, Colorado; (5) The Olathe Fire Protection District; (6) The Town of Telluride, Colorado; (7) The Town of Mountain Village, Colorado; (8) Telluride Fire Protection District; 2

4 (9) The Town of Ridgway, Colorado; (10) Ridgway Fire Protection District; (11) The Nucla-Naturita Fire Protection District; (12) The Paradox Fire Protection District; (13) Ouray County, Colorado; (14) The City of Ouray, Colorado; (15) Ouray Volunteer Fire Protection District; and (16) Loghill Fire Protection District, Colorado; The Agency shall appoint a Board Member to serve on the Board. The Agency may appoint its highest-ranking law enforcement, fire protection, or emergency medical service representative or his/her designee to serve on the Board Personnel. The Board shall determine necessary personnel levels so as to provide services under the terms of this Agreement. Personnel requirements shall be guided by industry standards. All Member Agencies of the MRDC Board shall agree and acknowledge that all service to be provided under this Agreement shall be performed by properly trained, and where applicable, certified personnel. a. Communications Director. The Communications Director shall manage the employees and the daily operations of the MRDC. The Board shall have direct oversight of the Communications Director of the MRDC, including the power to recommend the hiring or termination of the Communications Director. However, the Board may recommend removal of the Communications Director only upon a supermajority vote of sixty five percent (65%) of all Board Members, at a duly called meeting for such purpose. All hiring and termination shall be in accordance with Montrose County Sheriff's Office and Montrose County Personnel policies and practices Reports. Member Agencies of the MRDC shall receive monthly management and dispatch reports, which shall provide the following information for each call dispatched: incident location, time call received, notification time, enroute time, time of arrival at scene, and time back in service. Members shall receive any report concerning the management or operations of the MRDC upon request, allowing a reasonable time for response depending on the scope of the report Ownership of Records and Data. All records of the MRDC related to calls dispatched, including electronically stored data, geographic information system ("GIS") data, computer aided dispatch ("CAD") data, and audio tapes, shall be collectively owned by the Agencies. Copies of any such records may be made at any individual Agency's request, and shall not be disposed of without prior authorization from, or in compliance with a retention schedule adopted by, the Board. Each individual Agency shall have access to all data and audio recordings specific to that agency, but maintained by the Dispatch Center for use in internal analysis and criminal investigations. It is the responsibility of each Agency to provide any criminal justice records for case filing purposes directly to the respective courts or district attorney's office(s). Records released must be specific to the requesting Agency. Agencies may not request records of another entity without the express consent of that entity and the Board. 3

5 ARTICLE IV ADMINISTRATION 4.01 Operational Bylaws. The Agency has reviewed the Bylaws of the Montrose Regional Dispatch Center, attached and incorporated as Exhibit A, and by signing this Agreement hereby approves and ratifies the same Administrative Core Team. It is the overriding and critical desire to ensure that the working relationship of the parties to this Agreement remain strong and united. To accomplish that objective, the Agencies shall form an Administrative Core Team, which shall be comprised of five (5) members, the Officers of the Board, three (3) separate members of the Board, as elected by the Board, the MRDC Communications Director, and the Montrose County Sheriff or the Sheriff's designee. Administrative Core Team Meetings may be called by any Board Member, upon seventy-two (72) hours advance notice. All decisions made by the Administrative Core Team must be ratified by the Board. The Administrative Core Team may consider the following: a. Operating Procedures. The Administrative Core Team shall develop and establish Standard Operating Procedures and Dispatch Performance Standards for the Dispatch Center. Such operating procedures must be ratified by the Board and included as Exhibit B to this Agreement. b. Personnel Matters. The Administrative Core Team shall make staff recommendations for the Dispatch Center. Such recommendations shall be subsequently ratified by the Board. c. Budget. The Administrative Core Team shall draft a preliminary budget for the upcoming fiscal year to present to the Board. d. Dispute Resolution. The Administrative Core Team will conduct preliminary discussion of all disputes brought forth to the Board and may discuss with legal counsel during meetings. e. Matters of Concern. The Administrative Core Team will consider other matters of concern between the parties related to the implementation of this Agreement or any future agreements, and shall present such matters of concern to the Board Capital Equipment Purchases. It is necessary to purchase hardware, software, and all other equipment necessary to serve the needs of the Dispatch Center and provide dispatch services. All purchases must be made in compliance with budget and purchasing procedures of Montrose County Budget for The Board shall prepare a formula based methodology that distributes the costs associated with the MRDC among all of the participating Member Agencies. A final and updated budget for 2016 shall be approved by the Board and attached to this agreement as Exhibit C. 4

6 a. The formula shall distribute costs proportionally among the Member Agencies based upon each Agency's actual usage of dispatch services as evidenced by the Spillman CAD Billing Report for the last full calendar year prior to the respective budget process. b. Costs shall include salaries, wages, benefits, taxes, utilities, leases, insurance, communications services, professional services, maintenance, supplies, debt service, and all other non-personnel and capital expenditures Future Budget. The costs allocated to each member shall be set forth in the annual budget, which shall be approved by the Board. The formulation of an annual budget for Dispatch Services shall be by mutual agreement of the Board and shall include an estimate of the operational costs for each Member. a. Preliminary Budget. An initial preliminary planning budget and cost estimates for Dispatch Services for the next fiscal year shall be presented to the Board by the Administrative Core Group on or before May 31 of each year. b. Recommended Budget. No later than June 30, each Member shall provide the Recommended Budget to their Governing Board, Council, or Entity for comment. c. Final Budget. The Final Budget for Dispatch Services for the next fiscal year shall be approved by the Board and submitted to the Sheriff no later than July 31 of each year for his submittal to the County Commissioners. d. Default Budget. In the event the Board fails to pass a resolution approving a Final Budget, the Default Budget for the upcoming fiscal year shall be capped at a three percent annual inflation increase of the current budget Budget Overages. Excess funds remaining at the end of fiscal year 2016 shall be deposited to the fund balances described below Operating Reserves. An Operating Reserve is necessary to provide funding for unforeseen events that inevitably occur from year to year. The Operating Reserve will eliminate the need to request additional funding from each Member Agency during the year when a supplemental budget is required for expenditures that cannot be covered with the original budget appropriation. a. The minimum level of Operating Reserve shall be set annually by the Board. b. Initial funding for the Operating Reserve will be provided by Montrose County. Current projections for 2015 reflect an ending fund balance of approximately Eighty-Nine Thousand Dollars ($89,000.00). The actual ending balance could be greater depending upon salary savings that have already occurred in 2015, provided there are no unforeseen expenditures that would offset those savings. 5

7 c. The Board shall develop and implement a plan for future funding of the Operating Reserve Capital Reserves. The Board shall develop a five (5) year capital plan to match capital equipment expenditures with available resources. The five (5) year capital plan should complement the financial plans of the respective Emergency Telephone Service Authorities providing funds to the MRDC. ARTICLE V SERVICE QUALITY AND CONDITIONS 5.01 Service Quality. The Communications Director agrees to work closely with the Board to ensure appropriate levels of dispatch service. All procedures related to Agency dispatch operations shall be developed on a collaborative basis with the Board Complaints. The Director will promptly investigate any complaints received from any Agency as set forth in the Montrose County Sheriff's Office General Orders, as on file with the Montrose County Sheriff's office. ARTICLE VI TERMS OF SERVICE PAYMENTS AND RENEWALS 6.01 Payments. Each Agency's annual user fees shall be payable in quarterly installments in advance with payments due, upon billing, for the services rendered during subsequent quarter billing period. Such installment payments shall be due and payable to the Sheriff's Office no later than thirty (30) days after receipt of billing invoice Non-payments. Should any Agency fall two quarterly installments in arrears, that Agency shall be considered delinquent and in breach of this Agreement. Upon breach, the Board shall forward a letter to the Member Agency that shall serve as notice of breach. Once proper notice has been provided to the delinquent Agency, that Agency shall no longer participate as a voting Member of the Board and shall have thirty (30) days from receipt of notice to become compliant with payment. Should the Agency fail to cure the breach, the Board shall vote to terminate all services to that Agency and the Agency's participation in the MRDC. Following termination, the removed Agency shall forfeit any dispatch services or participation in the MRDC from that date and may only rejoin the MRDC upon a vote of the Board Term of Agreement. This Agreement shall be in full force and effect upon execution of this Agreement by the parties hereto and shall continue in full force and effect, subject to amendments and addendums Renewals. The services to be performed pursuant to this Agreement shall be continuous from January 1, 2016 until midnight December 31, 2016, or until otherwise terminated or renewed as set forth herein. a. This Agreement may be renewed for successive one (1) year terms commencing on January 1s t of each successive year of this Agreement. All terms for such renewals, except Fees for Service, shall be the same as are set forth in this Agreement. 6

8 b. Unless the Agency provides notice of its intent not to renew as provided below in Paragraph 6.05, Agreement shall be automatically renewed each year for another one year term as set forth in 6.04 as herein Termination by Agency. An Agency's participation in this Agreement may be terminated by written notice from the Agency to the Board at least sixty (60) days prior to January 1 of any given year. Upon termination, the terminating Agency shall forfeit all right, title, and interest in and to any property or monies, liquid or investment funds, acquired or held by the Board Termination by the County. In the event Montrose County elects to terminate this Agreement, or in the alternative it elects to close the MRDC, it must provide prior written notice of termination to the Board and all Agencies that receive dispatch services from the MRDC not less than twelve (12) months prior to termination Appropriation. Pursuant to Article X, Section 20 of the Colorado Constitution, the parties' financial obligations under this Agreement and the renewal of this Agreement are specifically contingent upon annual appropriation of funds sufficient to perform such obligation. Should adequate appropriations not be made by either party, this Agreement shall automatically terminate. This Agreement shall never constitute a debt of either party within any statutory or constitutional provision. In the event Montrose County shall not appropriate sufficient funds to perform under this Agreement, this Agreement shall terminate automatically at the end of twelve (12) months following the non-appropriation and written notice of the same. ARTICLE VII GENERAL PROVISIONS 7.01 TABOR. All parties to the Agreement further agree, to the extent permitted by applicable laws, statutes and constitutional provisions, including TABOR provisions contained Article X, Section 20 of the Colorado Constitution, to indemnify and hold harmless the other, as well as its officers and employees, from and against all liability, claims and demands on account of injury, loss, or damage which arise out of third party claims connected with this Agreement and which are caused in whole or in part by its own act, omission, error, or negligence, or by that of its officers, employees, agents or representatives Previous Agreements. This Agreement supersedes any previous Dispatch Services Agreement between the Agencies and Montrose County Breach of Provisions. The waiver of any breach of any of the provisions of this Agreement, by either party, shall not constitute a continuing waiver of any subsequent breach by the waiving party, either of the same or of another provision of this Agreement Invalidation of Provisions. Invalidation of any of the provisions of this Agreement shall not affect the validity of the remainder of this Agreement Binding Agreement. This Agreement shall be immediately binding upon and inure to the benefit of each party hereto. 7

9 7.06 Notification of Claims. Each party agrees to notify the other of any claim, or the initiation of any legal proceeding against it, which relates to the services provided by the other party. Each party will cooperate with the other in the defense of any suit or action arising out of, or related to, the services rendered under this Agreement Third Party Beneficiary. Nothing expressed or implied in this Agreement is intended or shall be construed to create any third party beneficiary rights or give any person other than the parties hereto any right, remedy or claim under or by reason of this Agreement Assignment. This Agreement is not assignable Additional Amendments. Additional amendments may be made by mutual consent of each party in writing Notices. All notices from County to Agency required or permitted by any of the provisions of this Agreement shall be directed to PO Box 547, Olathe CO All notices from Agency to Board shall be directed to Montrose Regional Dispatch Center, 1200 North Grand Avenue, Montrose, Colorado Either party may, at any time, designate in writing a substitute address for that set forth above; thereafter notices shall be directed to such substitute address. Any notice required or permitted hereunder shall be in writing and shall be given and effective upon delivery to any party hereto; or mailing such notice by first-class U.S. Mail, unless otherwise stated in this Agreement, addressed to any party at the address stated herein. ARTICLE VIII INSURANCE, HIPAA AND TABOR 8.01 Insurance. Montrose County shall, at all times, during the term of the Agreement, or any renewal hereof, maintain comprehensive general liability insurance against any claims for loss, damage, or injury arising out of or occasioned by the Board operation of the Dispatch Center. Said insurance coverage amounts shall be in accordance with the statutory requirements for public entities Colorado Governmental Immunity Act. Nothing contained herein shall constitute a waiver by any of the parties hereto of the provisions of the Colorado Governmental Immunity Act and the parties hereto specifically reserve all rights and immunities available under said Government Immunity Act or otherwise available under applicable law HIPAA Compliance. All parties acknowledge and agree that they will comply with all of the provisions of the Health Insurance Portability and Accountability Act ("HIPAA") and will be bound by the provisions of HIPAA and the regulations promulgated hereunder (including privacy and security rules), all as may be amended from time to time. Should any provision of the Agreement be determined to be inconsistent with the requirements of HIPAA and/or regulation promulgated thereunder, then the parties shall promptly amend such provision as necessary to comply with HIPAA and its regulations. 8

10 8.04 Subject to Annual Appropriation and Budget/TABOR Clause. All parties agree that the provision of any monies, things or services under this Agreement by the agency or the County shall be subject to annual budget appropriations, as required by provisions of the Taxpayers' Bill of Rights ("TABOR") contained in Article X, Section 20 of the Colorado Constitution, as amended. The Parties further agree that any failure to fund the obligations set forth herein as a result of TABOR-related monetary constraints shall not give rise to any legal or equitable cause of action whatsoever; however, it will serve to terminate this Agreement. No provision of this Agreement shall be construed to pledge or to create a lien any class or source of the parties' funds. THIS AGREEMENT was brought before the respective duly elected governing bodies of each of the parties at a noticed and held public meeting for consideration for approval on the date of each of the signatures below. EXECUTED by the parties on the 19th day of October, MONTROSE COUNTY SHERIFF AGENCY Rick Dunlap, Sheriff THE COUNTY OF MONTROSE, STATE OF COLORADO ame & Title: Roland Hutson, Fire Chief Olathe Fire Protection District GOVERNING BODY OF AGENCY David White, BOCC Chairman ATTEST ATT.T Ar - Tale: Kirby Cannell, Chairman OFPD Board of Directors Montrose County Clerk and Recorder Nalle.stine Gray, Secretary/Treasurer By: Olathe Fire Protection District Marie Simmons, Clerk to the Board 9