Loading...
HomeMy WebLinkAboutPACKET Public Works, Utilities and Public Safety 2015-01-08 Thursday, January 8, 2015 Public Safety, Utilities 8:00 a.m. & Public Works Committee Town Board Room *Revised 1/2/15 1. PUBLIC COMMENT 2. PUBLIC SAFETY a) RECOMMENDATIONS TO THE TOWN BOARD i. Intergovernmental Agreements for Dispatching Services Chief Kufeld for the Estes Valley Fire District, Rocky Mountain National Park and Estes Park Ambulance Service. b) REPORTS i. Verbal Updates and Committee Questions. 3. UTILITIES a) RECOMMENDATIONS TO THE TOWN BOARD i. Consultant Agreement for GIS Service . Coord. Rusch ii. Park Entrance Mutual Pipeline and Water Co. Project. Dir. Bergsten iii. Consultant Agreement for Light & Power Cost of Service Coord. Rusch (Rate Study) and Financial Plan. b) REPORTS i. Water Master Plan Update. Dir. Bergsten ii. Verbal Updates and Committee Questions. 4. PUBLIC WORKS a) RECOMMENDATIONS TO THE TOWN BOARD i. Parks Division Reorganization. Dir. Muhonen ii. Design Consultant Agreement for Dry Gulch Road Eng. Ash b) REPORTS i. Verbal Updates and Committee Questions. 5. ADJOURN AGENDA * * POLICE DEPARTMENT Memo To: Public Safety, Utilities & Public Works Committee Town Administrator Lancaster From: Chief Wes Kufeld Date: January 8, 2015 RE: Intergovernmental Agreements: Dispatching Services for the Estes Valley Fire District, Rocky Mountain National Park and Estes Park Ambulance Service Objective: Adopt new IGA’s with Estes Valley Fire Protection District, Rocky Mountain National Park and the Park Hospital District as it relates to their use and the billing of the Town’s Emergency Dispatching Services. Further referred to as the “Communications Center”. Present Situation: Since 2010 the Estes Park Police Department has been billing its external customers for dispatching services. The billing practice has been for each customer, otherwise known as entity, to pay a fee based on their percentage of usage or call load in which the Communication Center handles. This is a standard practice consistent with similar Communications Centers throughout the State. The previous MOU’s have expired with each of these entities, therefore it has become necessary to update and formalize to an Intergovernmental Agreement and include the current rates based on the percentages of usage by each entity. Proposal: The Intergovernmental Agreements have been written, reviewed and approved by each of our customers and their legal team as well as Attorney Greg White. The Intergovernmental Agreements outline the services the Communications Center will provide, the expectations of our customers and describes what each of these customers will pay for their percentage of use. Advantages:  Increase communication amongst the Communication Center and its customers.  Increase effectiveness of operations  Increase revenues paid into the General Fund. Disadvantages:  The absence of a formal Intergovernmental agreement tends to lead to a lack of cooperation and understanding pertaining to operations. It also leads to questionable expectations, capabilities and responsibilities relating to what the Communications Center can provide each entity. Action Recommended: Recommend Board Approval of the three Intergovernmental Agreements and set for Consent Agenda January 13th, 2015 at Town Board. Budget: 2015 Revenues: $ 19,817.55 Estes Valley Fire Protection District $ 43,316.00 Park Hospital District $ 1,091.76 Rocky Mountain National Park $64,225.31 Total Revenue for 2015 – General Fund Recommended Motion: I recommend approval of the IGA’s and placed on the Consent Agenda of the Town Board on January 13, 2015. Attachments: IGA – Estes Valley Fire Protection District IGA – Park Hospital District IGA – Rocky Mountain National Park 1 DISPATCH SERVICES INTERGOVERNMENTAL AGREEMENT THIS DISPATCH SERVICES INTERGOVERNMENTAL AGREEMENT (“Agreement”) is entered into on 2015, by and between the TOWN OF ESTES PARK (hereinafter referred to as “Town”), and the ESTES VALLEY FIRE PROTECTION DISTRICT, a Colorado Special District (hereinafter referred to as the “Fire District”). WITNESSETH WHEREAS, the Town operates a Communications Center (“CC”) for the Estes Park Police Department which also provides 911 emergency and medical dispatching services, 24 hours a day, 365 days a year, to emergency services agencies serving the Estes Valley; and WHEREAS, Fire District provides certain emergency fire, rescue and medical services, which services require radio communication and dispatching; and WHEREAS, since December 8, 2009, the Town has been providing dispatch services to the Fire District; and WHEREAS, the utilization by the Fire District of the dispatching services of the Town avoids duplication of services and promotes cost efficiency and maximum coordination of services among local agencies; and WHEREAS, the parties recognize that it is fiscally responsible to pay for such services in an amount equal to the percentage of calls generated as a percentage of the overall CC budget; and WHEREAS, Article XIV, Section 18(2) (a) of the Constitution of the State of Colorado and Part 2 of Article I of Title 29, C.R.S., encourage an authorized intergovernmental agreement of this nature; and WHEREAS, this Agreement sets forth the obligations of the parties with regard to dispatching services provided by the Town to the Fire District. NOW, THEREFORE, in consideration of the mutual promises contained below and other good and valuable consideration, the parties hereto agree as follows: 2 1. Term of the Agreement. This Agreement shall be effective from January 1, 2015 and automatically renew each succeeding year until December 31, 2018 unless earlier modified in writing or terminated by the parties hereto. 2. Services to be provided by the Town. The Town shall utilize dispatching equipment and capabilities which may be currently owned and operated by the Town to the extent that such are reasonably necessary to effectuate the purposes of this Agreement. The Town and the Fire District further agree, in rendering and utilizing such services, that each will adhere to the procedures contained in CC Procedure Manuals. a. 24 Hour Dispatch Services: Emergency and Non-Emergency Twenty-four (24) hour per day emergency and non-emergency dispatching for calls emanating from locations within the Fire District to such radio bases and mobile and portable dispatching units owned by the Fire District as may be designated by the Fire District. b. Phone Answering The CC answers emergency 911 calls and non-emergency administrative type calls. Communication personnel answer calls relating to: public safety, municipal services and information requests. CC is also equipped to answer TTY/TTD calls. All medical calls for service are answered using Emergency Medical Dispatching. c. Enhanced 911 and Next Generation 911 Services This service provides communication personnel with immediate recognition of call origination for all incoming line based telephone calls. The information provides a callback phone number, an address and the person’s name on the telephone bill. CC is currently able to accept incoming SMS texts, and although not currently available, is working towards being able to also receive MMS text messages. d. Mass Notification Services These services allow for emergency service providers to send out a pre- recorded phone message, text message, email and/or fax to community residents of any pending situations that may endanger them or their property. Using computer technology a geographical area within the Estes Park area can be selected for an emergency message to be sent. These messages can be sent to landlines, cell phones, email, text messages and/or fax depending on citizens signing up for these services through the Larimer Emergency Telephone Authority. e. Computer Aided Dispatch and Call Record Management All phone calls received that are eventually converted to a call for service for a service provider is automatically assigned an incident number through our 3 Computer Aided Dispatch (CAD) system. This number becomes a tracking mechanism for the service provider and the CC. Anytime information is entered by the dispatcher regarding a specific call all the information entered remains in place under the one incident number. That allows the CC to provide a “run report” or activity report that contains all information for one specific activity. The data is maintained for future management analysis to include monthly, quarterly and annual reporting. This information is available for each service agency upon written request to the Communications Supervisor. The actual record keeping of criminal justice, fire or emergency medical case files remains the responsibility of each agency. f. Radio and Phone Logging Services The CC maintains a logging recorder that records all phones and radio traffic that come directly into the CC. These recordings are maintained according to state law for 12 months plus current. Recordings are considered public record and may be requested by any of the emergency service departments as well as the general public. A formal request for these recordings must be made through either the CC or the EPPD Records Department. This system is monitored 24/7 by the manufacturer of the recording system. g. CC will maintain emergency, back-up power sources for dispatching equipment. h. CC will maintain current maps and other geographical information necessary to affect the efficient and prompt response to requests for services to be rendered by the Fire District. i. CC will allow access by the Fire District to radio frequencies licensed to the Town or its departments when reasonably necessary for the purpose of providing reliable communication in outlying areas served by the Fire District. j. CC will maintain EMD certification of dispatchers as required for practicing Medical Priority’s emergency medical dispatching. k. The Fire District agrees to notify the Town at least 24 hours prior to any drill, training and /or testing of response by the Fire District’s emergency providers that will involve dispatch communications through the Town. In the event of any such drill, training and/or test, the emergency responders shall be dispatched by the Town as a non-emergency response only. l. The Fire District understands and agrees that the Town does not have recording capability for VHF communications. 3. Fire Records. The services provided by the Town regarding the maintenance of records and recording of calls for service in paragraphs 2 e. and f. hereinabove shall not render the Town the “official custodian” of such records for CORA (CRS 24-72-201 et. Seq.) purposes. The Fire District remains the official 4 custodian of such records and all requests for inspection of records and recordings shall be forwarded to the Fire District. Notwithstanding any other provision to the contrary, all audio recordings of all electronic communications received or transmitted by CC shall be retained by the Town for twelve months plus current month and shall be made available to the Fire District at no charge. Requests for recordings must come from the Fire Chief. CAD records as described in paragraph 2.e. will remain on file for a minimum of five years and will have the same availability. 4. Compensation. For the year 2015, The Fire District hereby agrees to pay to the Town the total amount of Nineteen thousand eight hundred seventeen dollars and fifty five cents ($19,817.55) in compensation for the services rendered by the Town and as reimbursement for anticipated expenses to be incurred by the Town in the performance of its obligations under this agreement. From the year 2016 to December 31, 2018, yearly billing will be based on the percentage of calls for service by the Fire District compared to all calls handled by CC. Any yearly increase after 2015 is not to exceed 5% over the previous yearly cost. (See exhibit A). The fee shall be paid in equal monthly installments. 5. Operation and Maintenance of CC. The Town shall be solely responsible for the operation and maintenance of the “CC” during the term of this Agreement. 6. Termination. Either party may terminate this Agreement by giving a minimum of six (6) months written notice of termination to the other party. Upon termination, the Fire District’s payments of any amounts due and owing as of the date of termination shall be the Town’s sole remedy. 7. Liability. The parties hereto shall be solely responsible for the actions or omissions of their respective officers, agents and employees and shall not be responsible or legally liable for the negligent acts of the other party. 8. Notices. Any and all notices or any other communication herein required or permitted shall be deemed to have been given when personally delivered or deposited in the United States postal service as regular mail, postage prepaid, and addressed as follows or to such other person or address as a party may designate in writing to the other party: Estes Valley Fire Protection District Attn: Fire Chief 901 N. St. Vrain Ave. Estes Park, Colorado 80517 5 Town of Estes Park Attn: Town Administrator 170 MacGregor Ave. P.O. Box 1200 Estes Park, Colorado 80517 9. Entire Agreement. This writing constitutes the entire Agreement between the parties. 10. Binding Effect. This Agreement shall be binding upon and incur to the benefit of the parties hereto and the agents, assigns and successors in interest of each respectively. 11. Default. 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, and such defaulting party shall be allowed a period of fifteen (15) days within which to cure said default. In the event the default remains uncorrected, the non-defaulting party 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. In the event of default of any of the Agreements herein by either party which shall require the party not in default to commence 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’s fees, and court costs incurred because of the default. 12. Good Faith. The Parties, their agents, and employees agree to cooperate in good faith in fulfilling the terms of this Agreement. The Parties agree that they will attempt to resolve any disputes concerning the interpretation of this Agreement and unforeseen questions and difficulties which may arise in implementing the Agreement by good faith negotiations before resorting to termination of this Agreement and/or litigation. 13. Modification. This document constitutes the full understanding of the Parties, and no term, condition, understanding or agreement purporting to modify or vary the terms of this Agreement shall be binding unless hereafter made in writing signed by the both Parties. 14. Non-Assignment; No Third Party Beneficiary. This Agreement, and each and every covenant herein, shall not be assignable except with the prior consent of both Parties. This Agreement shall not be construed as or deemed to be an Agreement for the benefit of any third party or parties, and no third party or parties shall have a right of action hereunder for any cause whatsoever. 6 15. Merger. This Agreement constitutes a final written expression of all the terms of this Agreement and is a complete and exclusive statement of those terms. 16. Immunity. The Parties, their officers, employees, volunteers, and agents, are relying on and do not waive, or intend to waive, by any provision of this agreement the monetary limitations presently $350,000 per person and $990,000 per occurrence or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act CRS 24-10-101 sec., as amended or otherwise available to the Parties or their officers, agents, employees, and volunteers. 17. Annual Appropriations. The obligations of either Party as contained herein, shall not be deemed to be a “multi-year financial obligation” under Article X, Section 20 of the Colorado Constitution. Accordingly, either Party shall have the right to terminate this Agreement at the end of any fiscal year in the event that the governing body of said Party fails to appropriate money sufficient for the continued performance of the Agreement after the end of such fiscal year, such non-appropriation being within the sole discretion of the governing board. Appropriation shall be evidenced by the passage of a budget resolution which specifically provides for or appropriates funds for the Party’s obligations under this Agreement. Either Party may affect such termination by giving the other Party written notice of the non- appropriation within 30-days prior to the end of the current fiscal year. In the event of termination, The Fire District shall pay all accrued liabilities through the last day of the then current fiscal year, but shall not be subject to any other penalty or assessment. IN WITNESS WHEREOF, this Agreement has been executed the day and year first- above written. THE TOWN OF ESTES PARK ________________________________ ______________ Mayor Date ATTEST: ________________________________ Town Clerk 7 ESTES VALLEY FIRE PROTECTION DISTRICT _______________________________ ______________ President of EVFPD Board of Directors Date _______________________________ ______________ Fire Chief Date 8 Exhibit A Fire Department Billing Breakdown (Historically showing 3.6% of call volume) YEAR Yearly total costs of CC w/ 5% increase % of budget should be paying, based on 3.6% of call volume catch up in 2015, then up to 5% increase after that DIFF 7%/Yr for 4 years, 5% increase after DIFF 2015 $550,487.51 3.6%$19,817.55 $19,817.55 $0.00 $18,874.80-$942.752016 $578,011.89 3.6%$20,808.43 $20,808.43 $0.00 $20,196.04-$612.392017 $606,912.48 3.6%$21,848.85 $21,848.85 $0.00 $21,609.76-$239.092018 $637,258.10 3.6%$22,941.29 $22,941.29 $0.00 $23,122.44$181.152019 $669,121.01 3.6% $24,088.36 $24,088.36 $0.00 $24,741.01 $652.662020 $702,577.06 3.6% $25,292.77 $25,292.77 $0.00 $25,978.06 $685.292021 $737,705.91 3.6% $26,557.41 $26,557.41 $0.00 $27,276.97 $719.552022 $774,591.21 3.6% $27,885.28 $27,885.28 $0.00 $28,640.81 $755.532023 $813,320.77 3.6% $29,279.55 $29,279.55 $0.00 $30,072.86 $793.312024 $853,986.81 3.6% $30,743.53 $30,743.53 $0.00 $31,576.50 $832.972025 $896,686.15 3.6% $32,280.70 $32,280.70 $0.00 $33,155.32 $874.622026 $941,520.45 3.6% $33,894.74 $33,894.74 $0.00 $34,813.09 $918.352027 $988,596.48 3.6% $35,589.47 $35,589.47 $0.00 $36,553.74 $964.272028 $1,038,026.30 3.6% $37,368.95 $37,368.95 $0.00 $38,381.43 $1,012.482029 $1,089,927.62 3.6% $39,237.39 $39,237.39 $0.00 $40,300.50 $1,063.11 Catch up figure includes 12.5% increase paid up front *An assumption of a 5% increase for all entities each year is made for demonstration purposes only* 9 This page is intentionally left blank DISPATCH SERVICES INTERGOVERNMENTAL AGREEMENT THIS DISPATCH SERVICES INTERGOVERNMENTAL AGREEMENT is entered into on 2015, by and between the Town of Estes Park (hereinafter referred to as “Town”), and Park Hospital District dba Estes Park Medical Center (hereinafter referred to as “EPMC”) a Colorado Special District. WITNESSETH WHEREAS, the Town presently operates a Communications Center (“CC”) for the provision of dispatching services to area emergency service agencies serving the geographical area in and around the Town of Estes Park, Colorado; and WHEREAS, this agreement is separate and necessary to set forth the obligations of the parties with regard to dispatching services rendered using the systems acquired; WHEREAS, EPMC provides certain emergency medical and transportation services, including paramedics, emergency medical technicians and ambulances, which services require radio communication and dispatching; and WHEREAS, the utilization by EPMC of the dispatching services of the Town avoids duplication of services and promotes cost efficiency and maximum coordination of services among local agencies; and WHEREAS, the parties recognize that it is fiscally responsible to pay for such services in an amount equal to the percentage of calls generated as a percentage of the overall “CC” budget; and WHEREAS, since January 1, 2010 the Town has been providing dispatch services to EPMC substantially in accordance with this Agreement. NOW, THEREFORE, in consideration of the mutual promises contained below and other good and valuable consideration, the parties hereto agree as follows: 1. Term of the Agreement. This Agreement shall be effective from January 1, 2015 and automatically renew each succeeding year until December 31, 2018 unless earlier modified in writing or terminated by the parties hereto. 2. Services to be provided by the Town. The Town shall provide dispatching services on a twenty-four (24) hour per day basis from the Estes Park Police Department building or the Town’s backup location, to such radio bases and mobile and portable dispatching units owned by EPMC as may be designated by EPMC. Specific dispatching services to be provided by the Town through “CC” are itemized below and, in rendering such services; the Town shall utilize all dispatching equipment and capabilities which may be currently owned and operated by the Town to the extent that such are reasonably necessary to effectuate the purposes of this Agreement. The Town and EPMC further agree, in rendering and utilizing such services, that each will adhere to the procedures contained in “CC” Procedure Manual. The following services shall be provided by the Town: The Estes Park Police Department Communications Center provides 911 emergency and medical dispatching services for the Estes Valley. This includes Police, Fire and Ambulance. The Estes Park Police Department Communications Center is a primary Public Service Answering Point that operates 24 hours a day, 365 days a year. Scope of Services a. Dispatch Services: Emergency and Non-Emergency Provides twenty-four hour radio dispatching for law enforcement, fire and ambulance services for the greater Estes Park area, dispatching services include “911” emergency dispatching for each of the service entities and non- emergency service requests. b. Phone Answering The Communications Center answers emergency 911 calls and non- emergency administrative type calls. Communication Personnel answer calls relating to: public safety, municipal services and information requests. The Communications Center is also equipped to answer TTY/TTD calls. All medical calls for service are answered using Emergency Medical Dispatching c. Enhanced 911 and Next Generation 911 Services This service provides communication personnel with immediate recognition of call origination for all incoming line based telephone calls. The information provides a callback phone number, an address and the person’s name on the telephone bill. The Communications Center is able to accept incoming SMS texts. d. Mass Notification Services These services allow for emergency service providers to send out a pre- recorded phone message, text message, email and/or fax to community residents of any pending situations that may endanger them or their property. Using computer technology a geographical area within the Estes Park area can be selected for an emergency message to be sent. These messages can be sent to landlines, cell phones, email, text messages and/or fax depending on citizens signing up for these services through the Larimer Emergency Telephone Authority. e. Computer Aided Dispatch and Call Record Management All phone calls received that are eventually converted to a call for service for a service provider is automatically assigned an incident number (run number) through our Computer Aided Dispatch (CAD) system. The run number becomes a tracking mechanism for the service provider and the communication center. Anytime information is entered by the dispatcher regarding a specific call all the information entered remains in place under the one incident number. That allows the center to provide a “run report” or activity report that contains all information for one specific activity. The data is maintained for future management analysis to include monthly, quarterly and annual reporting. This information is available for each service agency upon written request to the Communications Supervisor. The actual record keeping of criminal justice, fire or emergency medical case files remains the responsibility of each agency. f. Radio and Phone Logging Services The communication center maintains a logging recorder that records all phones and radio traffic that come directly into the Communications Center. These recordings are maintained according to state law for 12 months plus current. Recordings are considered public record and may be requested by any of the emergency service departments as well as the general public. A formal request for these recordings must be made through either the Communications Center or the EPPD Records Department. This system is monitored 24/7 by the manufacturer of the recording system. g. CC will maintain emergency, back-up power sources for dispatching equipment. h. CC will maintain current maps and other geographical information necessary to affect the efficient and prompt response to requests for services to be rendered by EPMC. i. CC will allow access by EPMC to radio frequencies licensed to the Town or its departments when reasonably necessary for the purpose of providing reliable communication in outlying areas served by EPMC. j. CC will maintain EMD certification of dispatchers as required for practicing Medical Priority’s emergency medical dispatching. k. EPMC agrees to notify the Town at least 24 hours prior to any drill, training and /or testing of response by EPMC emergency providers that will involve dispatch communications through the Town. In the event of any such drill, training and/or test, the emergency responders shall be dispatched by the Town as a non- emergency response only. l. EPMC understands and agrees that the Town does not have recording capability for VHF communications. 3. Medical Records. The services provided by the Town regarding the maintenance of records and recording of calls for service in paragraphs 2 e. and f. hereinabove shall not render the Town the “official custodian” of such records for CORA (CRS 24-72-201 et. Seq.) purposes. EPMC remains the official custodian of such records and all requests for inspection of records and recordings shall be forwarded to EPMC. Other than as contained in paragraph 2.e., any preservation, retention or other requirements for such records shall be the responsibility of EPMC. In the event the Town, due to an open records request, becomes a party to any legal proceeding, EPMC hereby agrees to indemnify and hold the Town harmless from any claim of damages including all reasonable attorney’s fees and court costs incurred by the Town as a result of any records maintained by the Town for EPMC pursuant to the terms and conditions of this Agreement. The Town agrees to provide EPMC with written notice of any claim made by any third person pursuant to the terms and conditions of this paragraph 3. 4. Compensation. For the year 2015, EPMC hereby agrees to pay to the Town the total amount of Forty three thousand three hundred sixteen dollars ($43,316.00) in compensation for the services rendered by the Town and as reimbursement for anticipated expenses to be incurred by the Town in the performance of its obligations under this Agreement. If the current dollar amount being billed is not consistent with the percentage of calls, beginning January 1, 2015 and every year of the term up to December 31, 2018, the amount due to the Town by EPMC shall be increased above their normal percentage of calls by no more than 12% per year of the “CC” budget. Once billing becomes equal too and based on the number of calls for service generated for EPMC in the previous year, an increase not to exceed 5% over the previous yearly cost will occur (See exhibit A ). Number of calls will be based on medical related run numbered calls which are generated through the Computer Aided Dispatch System (CAD). All annual amounts to be paid under this Agreement shall be payable upon invoice in four (4) equal quarterly installments; each of which shall be due and payable on the following dates: March 1, June 1, September 1 and December 1 of each year. 5. Operation and Maintenance of the “CC”. The Town shall be solely responsible for the operation and maintenance of the “CC” during this Agreement. 6. Use of Mobil Data Devices. For the purpose of dispatch accuracy and efficiency, each of EPMC’s regular duty ambulances shall be equipped with a Mobile Data Device as of January 1, 2015 that is capable of transmitting status codes. 7. Termination. Either party may terminate this Agreement by giving a minimum of six (6) months written notice of termination to the other party. Upon termination, the Fire District’s payments of any amounts due and owing as of the date of EPMC’s termination shall be the Town’s sole remedy. 8. Liability. The parties hereto shall be solely responsible for the actions or omissions of their respective officers, agents and employees and shall not be responsible or legally liable for the negligent acts of the other party. Accordingly, to the extent authorized by law, each party hereto hereby indemnifies and holds harmless the other party from any damages, losses, expenses, causes of action or other liability whatsoever arising from or in any way relating to any personal injury or damages to person or property caused by the negligent acts or omissions of its own officers, agents or employees. 9. Notices. Any and all notices or any other communication herein required or permitted shall be deemed to have been given when personally delivered or deposited in the United States postal service as regular mail, postage prepaid, and addressed as follows or to such other person or address as a party may designate in writing to the other party: Estes Park Medical Center Administration Office 555 Prospect Ave. P.O. Box 2740 Estes Park, Colorado 80517 Town of Estes Park Attn: Town Administrator 170 MacGregor Ave. P.O. Box 1200 Estes Park, Colorado 80517 10. Entire Agreement. This writing constitutes the entire Agreement between the parties. 11. Binding Effect. This Agreement shall be binding upon and incur to the benefit of the parties hereto and the agents, assigns and successors in interest of each respectively. 12. Default. 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, and such defaulting party shall be allowed a period of fifteen (15) days within which to cure said default. In the event the default remains uncorrected, the non-defaulting party 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. In the event of default of any of the Agreements herein by either party which shall require the party not in default to commence 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’s fees, and court cost incurred because of the default. 13. Good Faith. The Parties, their agents, and employees agree to cooperate in good faith in fulfilling the terms of this Agreement. The Parties agree that they will attempt to resolve any disputes concerning the interpretation of this Agreement and unforeseen questions and difficulties which may arise in implementing the Agreement by good faith negotiations before resorting to termination of this Agreement and/or litigation. 14. Modification. This document constitutes the full understanding of the Parties, and no term, condition, understanding or agreement purporting to modify or vary the terms of this Agreement shall be binding unless hereafter made in writing signed by the both Parties. 15. Non-Assignment; No Third Party Beneficiary. This Agreement, and each and every covenant herein, shall not be assignable except with the prior consent of both Parties. This Agreement shall not be construed as or deemed to be an Agreement for the benefit of any third party or parties, and no third party or parties shall have a right of action hereunder for any cause whatsoever. 16. Merger. This Agreement constitutes a final written expression of all the terms of this Agreement and is a complete and exclusive statement of those terms. 17. Immunity. The Parties, their officers, employees, volunteers, and agents, are relying on and do not waive, or intend to waive, by any provision of this agreement the monetary limitations presently $350,000 per person and $990,000 per occurrence or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act CRS 24-10-101 sec., as amended or otherwise available to the Parties or their officers, agents, employees, and volunteers. 18. Annual Appropriations. The obligations of either Party as contained herein, shall not be deemed to be a “multi-year financial obligation” under Article X, Section 20 of the Colorado Constitution. Accordingly, either Party shall have the right to terminate this Agreement at the end of any fiscal year in the event that the governing body of said Party fails to appropriate money sufficient for the continued performance of the Agreement after the end of such fiscal year, such non-appropriation being within the sole discretion of the governing board. Appropriation shall be evidenced by the passage of a budget resolution which specifically provides for or appropriates funds for the Party’s obligations under this Agreement. Either Party may affect such termination by giving the other Party written notice of the non- appropriation within 30-days prior to the end of the current fiscal year. In the event of termination, EPMC shall pay all accrued liabilities through the last day of the then current fiscal year, but shall not be subject to any other penalty or assessment. IN WITNESS WHEREOF, this Agreement has been executed the day and year first- above written. THE TOWN OF ESTES PARK ________________________________ ______________ Mayor Date ATTEST: ________________________________ Town Clerk PARK HOSPITAL DISTRICT dba ESTES PARK MEDICAL CENTER _______________________________ ______________ President of Park Hospital District Date Board of Directors Exhibit A Ambulance Service Billing Breakdown (Historically showing 10% of call volume)  YEAR  Yearly total costs of CC w/ 5% increase % of budget should be paying, based on 10% of call volume catch up in 2015, then no more than 5% increase after that  DIFF 12%/Yr for 5 years, then no more than 5% increase after DIFF 2015 $550,487.51 10.0% $55,048.75 $55,048.75 $0.00 $43,316.00 -$11,732.75 2016 $578,011.89 10.0% $57,801.19 $57,801.19 $0.00 $48,513.92 -$9,287.27 2017 $606,912.48 10.0% $60,691.25 $60,691.25 $0.00 $54,335.59 -$6,355.66 2018 $637,258.10 10.0% $63,725.81 $63,725.81 $0.00 $60,855.86 -$2,869.95 2019 $669,121.01 10.0% $66,912.10 $66,912.10 $0.00 $68,158.56 $1,246.46 2020 $702,577.06 10.0% $70,257.71 $70,257.71 $0.00 $71,566.49 $1,308.79 2021 $737,705.91 10.0% $73,770.59 $73,770.59 $0.00 $75,144.82 $1,374.23 2022 $774,591.21 10.0% $77,459.12 $77,459.12 $0.00 $78,902.06 $1,442.94 2023 $813,320.77 10.0% $81,332.08 $81,332.08 $0.00 $82,847.16 $1,515.08 2024 $853,986.81 10.0% $85,398.68 $85,398.68 $0.00 $86,989.52 $1,590.84 2025 $896,686.15 10.0% $89,668.61 $89,668.61 $0.00 $91,339.00 $1,670.38 2026 $941,520.45 10.0% $94,152.05 $94,152.05 $0.00 $95,905.95 $1,753.90 2027 $988,596.48 10.0% $98,859.65 $98,859.65 $0.00 $100,701.24 $1,841.59 2028 $1,038,026.30 10.0% $103,802.63 $103,802.63 $0.00 $105,736.30 $1,933.67 2029 $1,089,927.62 10.0% $108,992.76 $108,992.76 $0.00 $111,023.12 $2,030.36 Catch up figure includes 36.75% increase paid up front *An assumption of a 5% increase for all entities each year is made for demonstration purposes only* UTILITIES DEPARTMENT Memo To: Public Safety, Utilities & Public Works (PUP) Committee Town Administrator Lancaster From: Utilities Coordinator Rusch Utilities Director Bergsten Date: January 8, 2015 RE: Consultant Agreement for GIS Services Objective: To continue improving access to critical GIS technology, thus increasing staff efficiency, while reducing the response time and distribution of information to our citizens and customers. Present Situation: Over the past three years the Town has benefited from contracting out our GIS work. The current contract expired at the end of 2014. The new request for proposal (RFP) was issued in November and we received fourteen proposals in response to the RFP. Our process requires the Schedule of Personnel Rates to be sealed in a separate envelope enabling responses to be ranked first by qualifications. The selection team (five staff members) reviewed all proposals based primarily on qualifications, and secondarily on price. InVision GIS, LLC came out as the top choice in both categories. After ranking proposals based on qualifications, a cutoff of the top three was established. The Schedule of Personnel Rates were then opened for only those three firms. The ranges of their 2015 hourly rates are listed below: 1. InVision GIS, LLC $40.00 to $100.00 2. Burns & McDonnell $131.00 to $225.00 3. Merrick & Company $96.89 to $159.21 Proposal: Staff recommends awarding the GIS Consulting Agreement to InVision GIS, LLC. The 2015 budget includes funding for our GIS projects and through these projects we will enhance and extend our GIS services to the Town. Advantages: • InVision GIS, LLC has become a well-known consultant with a proven track record for delivering high quality, reliable service with extremely prompt response time at a reasonable rate. • InVision GIS, LLC has shown innovation, ingenuity and the ability to be highly adaptable and capable of working well with unforeseen emergency situations without sacrificing quality of work. • Over the past three years, InVision GIS, LLC has become familiar with all of the unique aspects of the Town’s needs, goals and expectations. Disadvantages: • No known disadvantages. Action Recommended: Staff recommends awarding this contract to InVision GIS, LLC. Budget: 502-6301-540.22-24, L&P/GIS, 2015 budget of $75,000 503-6300-540.22-24, Water/GIS, 2015 budget of $50,000 625-2500-425.22-24, IT/GIS, 2015 budget of $4,000 Level of Public Interest: Moderate. This can be viewed as an extension of a contract that has previously been in place for the past three years. Recommended Motion: I recommend awarding the GIS Consulting Contract to InVision GIS, LLC, to be included on the Consent Agenda at the January 13, 2015, Town Board meeting. Page 2 Utilities Department Memo To: Public Safety, Utilities, Public Works Committee (PUP) Town Administrator Lancaster From: Reuben Bergsten, Utilities Director Jeff Boles, Water Superintendent Steven Rusch, Utilities Coordinator Date: January 8, 2015 RE: Park Entrance Mutual Pipeline and Water Co. Project Objective: To improve the quality, reliability and efficiency of delivering drinking water to our citizens. To obtain the Town Board’s support (with Mayor Pinkham recusing himself) for a joint venture project with Park Entrance Mutual Pipeline and Water Company (PEMPWCo, Public Water System ID # 135559) which will allow access to grant funding and low interest loans for this project. Present Situation: Small drinking water systems were once simple enough to own and operate. Increasing regulatory requirements and aging systems require a much larger effort and level of expertise. Consolidation of smaller systems makes financial and operational sense. As an example, the Town executed a similar arrangement in 1994 with Block Two of the Park Entrance Estate Subdivision. A similar arrangement is underway with Larimer County and the Fish Creek Water Association. The Park Entrance Estate Block One Subdivision is currently served by PEMPWCo. PEMPWCo’s registered agent, Mr. Bill Pinkham, has requested approval for them to turn over ownership of their system to the Town. Staff is open to this so long as the existing Town customers do not subsidize the arrangement or take on the liability of PEMPWCo’s aged distribution system. Transfer of ownership to the Town is contingent on the PEMPWCo distribution system being brought up to Town standards. The design and construction is costly and must be financed by the property owners served by PEMPWCo. The Department of Local Affairs manages the Energy and Mineral Impact Assistance Fund Grant Program. Administrative grants are available to municipalities for preliminary engineering reports on water systems. To be eligible for this grant the Town must establish support for the overall project and the execution of the grant application. PEMPWCo will fund the dollar for dollar match grant requirement. Very favorable loan conditions exist through the EPA’s Clean Water State Revolving Fund administered through the Colorado Water Resources and Power Development Authority. Since the properties served by PEMPWCo are within the Town boundary, the loan can be acquired by a Special Improvement District (SID). The SID must be authorized and governed by the Town Board and approved by a vote of the property owners benefiting from these improvements. The whole process will take two to three years. A draft timeline is below, understanding the Board must approve of this project for it to move forward. Park Entrance Mutual Pipeline and Water Company Distribution Pipe Ownership Transfer DRAFT PROJECT TIMELINE Task Start Finish Introductory Presentation/Project Charter 12/8/2014 6/1/2015 DOLA Administrative Grant Application/Request (preliminary engineering) 12/4/2014 7/3/2015 Development and Town Board Execution of a Memorandum of Understanding (MOU) 12/4/2014 3/24/2015 Preliminary Engineering Study 12/22/2014 1/12/2016 Formation of Special Improvement District (SID), Title 31, Article 25, Part 5, C.R.S. 3/2/2015 4/5/2016 Election, SID 4/5/2016 4/5/2016 Loan Drinking Water Revolving Fund 6/8/2015 8/9/2016 Design of System and Construction Bid Documents 4/5/2016 6/27/2016 Construction 8/10/2016 4/19/2017 Project Closeout 4/20/2017 4/20/2017 Proposal: Staff recommends the Town Board officially take action to support the joint venture project. This would allow for the DOLA grant application to be signed by Mayor Pro-Tem Koenig and the development of an MOU between the Town and PEMPWCo which would come before the Town Board in the near future. Advantages: This project supports the Town’s mission to provide high-quality, reliable services for the benefit of our citizens while being good stewards of public resources. All project funding obligations will be covered by PEMPWCo and its owners. Disadvantages: Staff work load will increase; however, hours and costs will be logged and included for reimbursement through the project. Action Recommended: Staff recommends that this matter goes before the Town Board for public approval to move forward. Budget: N/A Level of Public Interest: Moderate. Other neighborhoods are looking to do this same thing. Those neighborhoods are located in the County and would be processed through the County. Recommended Motion: I move to include this matter as an action item at the January 13, 2015 Town Board meeting. Utilities Department Memo To: Public Safety, Utilities, Public Works Committee (PUP) Town Administrator Lancaster From: Reuben Bergsten, Utilities Director Steven Rusch, Utilities Coordinator Date: January 8, 2015 RE: Consultant Agreement for Light & Power Cost of Service (Rate Study) and Financial Plan Objective: Our objective is to obtain approval for the funding a Light & Power study to establish future rates and financial plan. The rates will be set to ensure funds are available for operations and we meet our bond covenant obligations. Present Situation: Utility costs of service are perpetually dynamic. The last rate study was performed in 2009. The current request for proposal (RFP) was issued in November of 2014. It was sent to our on-call engineering firms for submittal. Our process requires the Schedule of Personnel Rates to be sealed in a separate envelope enabling responses to be ranked first by qualifications. The selection team (three staff members) reviewed both proposals based primarily on qualifications, and secondarily on price. HDR Engineering was the selected candidate. Proposal: Staff recommends awarding the contract to HDR Engineering to move forward with the Light & Power Cost of Service (Rate Study) and Financial Plan. HDR performed our previous rate studies and are familiar with the Town’s needs. Advantages: • HDR Engineering has ample national and international experience with this type of project. They have the staff and expertise to perform this work efficiently and on a reasonable timeline. • Results of this study will give us a firm understanding of how to proceed with operations and costs associated with them. Disadvantages: Utility rate studies are often controversial and met with criticism. Public education will play a key role in this process. Action Recommended: Staff recommends awarding this contract to HDR Engineering. Budget: 502-6501-560.22-89, L&P/UTILITY FINANCIAL STUDIES, $39,000. Level of Public Interest: High. Every effort will be made to follow proper procedure to communicate results to our customers and obtain feedback through public hearings and our Public Information Office. Recommended Motion: I recommend awarding the Consultant Agreement for Cost of Service (Rate Study) and Financial Plan to HDR Engineering, to be included on the Consent Agenda at the January 13, 2015, Town Board meeting. Utilities Department Report To: Public Safety, Utilities, Public Works Committee (PUP) Town Administrator Lancaster From: Reuben Bergsten, Utilities Director Jeff Boles, Water Superintendent Steven Rusch, Utilities Coordinator Date: January 8, 2015 RE: Water Master Plan Update Objective: To inform the PUP committee on the Water Master Plan progress. Present Situation: The Water Department is currently reviewing the consultant’s first draft of the Master Plan. Capital improvement plans have been prioritized in the master plan with a focus on quality and reliability. There are two issues we want you to be aware of: a) Neither plant has enough water rights to supply the Town for an entire year. Peak day treatment has been as high as 4 million gallons in a day. The Glacier Water Treatment Plant maximum daily production is 3 million gallons per day and water rights are limited to 2.6 million gallons in a day. Annual treated water production was 1,628 acre feet in 2012. Marys Lake Water Treatment Plant only has access to an annual firm yield of 1,258.5 acre feet. b) Neither plant operates for an entire year. The Glacier Water Treatment Plant cannot treat the volume required under spring runoff conditions. The Marys Lake Water Treatment Plant struggles to treat water during the late summer algae bloom and is out of service late fall when the BOR shuts off the CBT system for maintenance. The Master Plan addresses these issues with two projects that improve system reliability and quality. These two projects are a redundant raw water source to Marys Water Treatment Plant and membrane pre-treatment at Marys Lake Water Treatment Plant. These projects will also allow the future renovation of the Glacier Water Treatment Plant which is expected to take more than a year to complete. A preliminary engineering report will be completed to better establish costs and benefits. Budget: Account # 503-7000-580.35-62, WATER SYSTEM MASTER PLAN, $100,000 – to be rolled over into 2015. PUBLIC WORKS Memo To: PUP Committee Town Administrator Lancaster From: Kevin McEachern, Public Works Operations Manager Greg Muhonen, Public Works Director Date: January 8, 2015 RE: Parks Division Reorganization Objective: To reorganize the Parks Division to improve the staff resource to meet and exceed expanded and expected standards. Present Situation: Three potential staffing changes in the Parks Division are on the near horizon. First, at the end of January 2015 the Parks Division will experience the retirement of Supervisor Franklin who has 28 years of longevity in the Parks Division. Second, Maintenance Worker III Kelly will be resigning as a full time employee but is interested in staying with the Town on a half-time basis. Third, our Town Arborist has applied for the advertised Parks Supervisor position. With these changes it is appropriate for the Public Works Department to analyze the overall structure and organization of the Parks Division, the staff, and their responsibilities. In 2013 and 2014 the Town of Estes Park received significant national attention and awards for the America In Bloom competition. Our Parks staff and the America in Bloom Committee have accepted the invitation to raise our standards and apply for the international competition in 2015. Additionally, the Parks staff has been tasked recently with expanded landscaping maintenance responsibilities for the 17 acre fairgrounds campus. This has included design and installation of the new landscaping at the Event Center and Pavilion (stall barns). The proposed new Transit Hub parking structure is expected to add even more landscaping installation and maintenance responsibility to our crews. Proposal: The Public Works Department proposes to change two positions within the Parks Division as shown on the organizational charts below. The first change is to replace the existing Maintenance Worker III (Keri Kelly’s horticulturist position) with a half time Maintenance Worker III and a full time Maintenance Worker II. The second change is to convert the Maintenance Worker III (Brian Berg’s arborist position) to a Maintenance Worker II as shown. 2014 Organizational Chart Purposed 2015 Organizational Chart A salary comparison was performed to evaluate the budget impact of this proposal. The 2015 salary costs for the existing positions is $238,200. This includes a Parks Supervisor, 3 Maintenance Worker III’s and one Maintenance Worker II. The 2015 wage package with the proposed changes is estimated to be $235,328. This includes a Parks Supervisor, one Maintenance worker III, 3 Maintenance Worker II’s and a half time Maintenance Work III. This results in a potential 2015 budget savings of $2872. It is not known if the costs of personnel benefits associated with this proposed reorganization will increase or decrease. This can be determined only after the benefit selections are made by the new employees. Advantages: Approval of the proposed reorganization would:  Retain the investment the Town has made in employee professional and technical training.  Advance the forward momentum in the America In Bloom program by retaining the principal designer on our staff.  Put action to the Town’s value on offering career advancement opportunities for staff.  Elevate staff morale by hiring internally and rewarding longevity and commitment. Parks Supervisor Maint. Worker II (Irrigation) Maint. Worker III (Arborist) Maint. Worker III (Turf/Weeds) Maint. Worker III (Horticulture) Parks Supervisor Maint. Worker II (Irrigation) Maint.  WorkerII (Arborist) Maint. WorkerIII (Turf/Weeds) Maint. Worker II (Horticulture) HalfTimeMaint. WorkerIII (Horticulture)  Affirm the value of Parks team productivity and positive impact they make on Town Visitor experience.  Expand staffing level in response to added landscape maintenance responsibilities.  Provide room for future career growth in new positions by hiring at Maintenance Worker II vs III levels. Disadvantages: The proposed reorganization does bring a slight risk of a minimal increase in employee benefit costs for the Parks Division. Action Recommended by Staff: Public Works Staff recommends the addition of a half time Maintenance Worker III and two full time Maintenance Worker III positions be filled at the Maintenance Worker II level within the Parks Division. Budget: Savings of $345.75 in the budgeted salary costs. Level of Public Interest Low. This proposal was generated internally by Public Works Staff. Town residents regularly express appreciation for the annual beautification work performed by the Parks Division. Public opposition to this proposal is not expected. Sample Committee Motion: I recommend the Parks Division reorganization proposed by the Public Works Department be included as an Action Item at the January 13, 2015 Town Board meeting. ENGINEERING Memo To: Public Safety, Utilities, Public Works Committee (PUP) Town Administrator Lancaster From: Kevin Ash, PE, Public Works Civil Engineer Greg Muhonen, PE, Public Works Director Date: January 8, 2015 RE: Design Consultant Agreement for Dry Gulch Roadway Improvements Present Situation: For the past several years, Public Works has ranked Dry Gulch Roadway (from Elkhorn Avenue to Stonegate Drive) as the number one capital improvement project for the Town’s roadway system. Due to the lack of funding for repair of this one mile stretch, this project has been repeatedly delayed. Now with a revenue stream provided by the 1% sales tax increase, Public Works has advanced forward with an RFP for design services for Dry Gulch Roadway Improvements. Proposal: In early December Public Works advertised a Request for Proposal that focused on the following design areas: 1. Evaluate the current asphalt condition and determine whether full replacement is required or if asphalt maintenance repair methods may be adequate. 2. Provide roadway design options that accounts for improved traffic circulation, lane geometry, curb and gutter, bike lanes and increased drainage conveyance. 3. Explore trail design and location options along Dry Gulch that will connect to the existing trail system on the south side of Highway 34 by going under the existing the bridge just east of the Sombrero Stables. 4. Evaluate and provide options for the Highway 34 connection and parking and drainage congestion with Sombrero Stables. Seven firms responded to the Request for Proposal. Public Works Staff that included Director Greg Muhonen and Engineer Kevin Ash rated each of these 7 firms to select the most qualified. The following chart contains the ratings for each of the firms: Firm Name City Ranking Farnsworth Group Fort Collins 1 Lamp Rynearson & Associates Fort Collins 2 Cornerstone Engineering & Surveying Estes Park 3 RG & Associates Wheatridge 4 Bowman VisionLand Golden 5 Drexel, Barrell & Co Boulder 6 Van Horn Engineering Estes Park 7 Proposals were rated on 5 categories: 1. Client References and Previous Experience; 2. Adequacy of Proposal to meet Project Scope; 3. Qualification of Staff Proposed; 4. Availability of Staff and Schedule; 5. Fee and Hours. After the ratings were complete, the Farnsworth Group out of Fort Collins was the highest ranked firm. In their proposal, Farnsworth demonstrated a thorough knowledge of the design issues in the project area and offered a detailed approach to improve and widen the roadway and extend a trail along the east side of Dry Gulch Road. Their project experience includes several successful roadway and pedestrian walkway designs in the region. They are familiar with the Estes environment having completed successful project designs that included Virginia Drive and Steamer Drive. Their fee was also responsible. A project design budget not to exceed $200,000 has been determined. This includes a 16% contingency if needed to address unexpected, unknown conditions. Once design is complete, bidding documents will be provided by the Farnsworth Group and a complete construction schedule will be delivered. The schedule delivered in the RFP targeted starting construction in July 2015. There are several design issues that may impact the construction schedule such as the need for a more detailed floodway evaluation, wetland permitting, traffic analysis, and easement acquisition. Construction Phasing may be considered depending on the results of the design. Action Recommended by Staff: To advance this Dry Gulch Roadway Improvement Project and meet goals of construction this summer, Staff recommends awarding a design services contract to the Farnsworth Group. Budget: This project will be funded from the newly created Street Improvement Fund. The $200,000 design budget will come out of the Capital line item within that fund. Level of Public Interest Public Interest on this project is expected to be high. This will be the first major project for the voter approved sales tax increase. In addition to the roadway improvements, this project will address bike lanes and trail connections, drainage, wetlands, and utilities. Sample Committee Recommendation: I recommend the Town Board award a professional services contract for design of the Dry Gulch Roadway Improvement Project to the Farnsworth Group for a project cost not to exceed $200,000. This is to be included as an Action Item on the January 13, 2015 Town Board Meeting.