HomeMy WebLinkAbout2012-03 Mutual Aid Agreement with Eagle County and other Fire Protection Entities Mutual Emergency ServicesRESOLUTION NO. 3
Series of 2012
A RESOLUTION APPROVING A MUTUAL AID AGREEMENT BETWEEN THE TOWN OF
VAIL, EAGLE COUNTY AND OTHER FIRE PROTECTION ENTITIES FOR THE PROVISION
OF MUTUAL EMERGENCY SERVICES; AND SETTING FORTH DETAILS IN REGARD
THERETO
WHEREAS, the Town of Vail (the "Town "), in the County of Eagle and State of Colorado
is a home rule municipal corporation duly organized and existing under the laws of the State of
Colorado and the Town Charter (the "Charter");
WHEREAS, the members of the Town Council of the Town (the "Council') have been
duly elected and qualified;
WHEREAS, the Town currently has mutual aide agreements in place such as the
Automatic Mutual Aid Agreement (the "Agreement ") attached hereto, and wishes to update those
agreements; and
WHEREAS, the existence of a mutual aid agreement will serve a public purpose and will
promote the health, safety and general welfare of the inhabitants and visitors of the Town and its
surrounding environs.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Section 1. The Council hereby approves the Agreement and authorizes the Town
Manager to enter into the Agreement on behalf of the Town in substantially the same form
attached hereto as Exhibit A and in a form approved by the Town Attorney.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Vail held this 3` day of January, 2012.
Andrew P. Daly
Town Mayor
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Resolution No. 3, 2012
AUTOMATIC AND MUTUAL AID AGREEMENT
THIS AGREEMENT is made and entered into this day of ,
2012 by and among the COUNTY OF EAGLE, STATE OF COLORADO, a body
corporate and politic, by and through its BOARD OF COUNTY COMMISSIONERS
( "County "), the TOWN OF VAIL ( "Vail "), EAGLE RIVER FIRE PROTECTION
DISTRICT ( "Eagle River "), GREATER EAGLE FIRE PROTECTION DISTRICT
( "Eagle Fire "), GYPSUM FIRE PROTECTION DISTRICT ( "Gypsum Fire "), BASALT
AND RURAL FIRE PROTECTION DISTRICT ( "Basalt Fire "), and ROCK CREEK
VOLUNTEER FIRE DEPARTMENT ( "Rock Creek ") hereinafter being referred to
collectively as the "Parties" and singularly as the "Party."
WITNESSETH
WHEREAS, Eagle River, Eagle Fire, Gypsum Fire, and Basalt Fire are organized
and operated pursuant to the provisions of Article 1, Title 32, C.R.S., to provide fire
protection, emergency medical, rescue, and ambulance or hazardous materials services
within their jurisdictional boundaries, which are located within Eagle County, Colorado;
and
WHEREAS, Vail is a home rule municipal corporation located within Eagle
County Colorado and duly organized and existing under the laws of the State of Colorado
and the Vail Town Charter; and
WHEREAS, Eagle County is a statutory county and political subdivision of the
State of Colorado operating pursuant to Title 30, C.R.S; and
WHEREAS, the Parties determine that in the event of a fire, emergency medical,
rescue, and ambulance or hazardous materials incident, each would benefit from the
availability of and mutual response by equipment and personnel of the other Party as
requested and as provided herein; and
WHEREAS, pursuant to the provisions of the Colorado Constitution, Article XIV,
Section 18(2)(a) and (b) and Section 29 -1 -203, C.R.S., the Parties desire to establish an
agreement to provide for automatic and mutual aid response of equipment and personnel
of each Party to areas within the jurisdiction of the other Party, as provided herein; and
WHEREAS, establishment of an automatic and mutual aid agreement will serve a
public purpose and will promote the health, safety, security and general welfare of the
inhabitants and visitors of the Parties and the State of Colorado.
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NOW, THEREFORE, in consideration of the mutual performance of the
covenants, agreements and promises set forth hereinafter, the Parties agree as follows:
1. Definitions The following terms as used in this Agreement are defined as
follows:
(a) " Assisting Party means a Party providing or requested to provide
Mutual Aid or Automatic Aid within the jurisdictional boundaries of a Requesting Party.
(b) " Automatic Aid means the automatic, initial assistance provided by
an Assisting Party to an actual or reported Emergency Incident within the jurisdictional
boundaries of a Requesting Party.
(c) ` Emergency Incident means a fire, emergency medical, rescue, and
ambulance or hazardous materials incident requiring an emergency response by a Party.
(d) " Mutual Aid means assistance provided by an Assisting Party to an
actual or reported Emergency Incident within the jurisdictional boundary of a Requesting
Party, based upon a specific request by a Requesting Party, which is not provided as
Automatic Aid. Mutual Aid includes any assistance provided in addition to the Assisting
Party's Automatic Aid response.
(e) " Requesting Party means a Party within whose jurisdiction a
Mutual Aid or Automatic Aid incident occurs and who is assisted by or has requested
assistance of an Assisting Party.
(f) " Automatic Aid Incident ". An actual and reported Emergency
Incident for which the Parties shall automatically, without a specific request from the
Requesting Party, respond and provide Automatic Aid to those portions of the
jurisdictional boundaries of the Requesting Party.
(g) " Mutual Aid Incident ". An actual or reported Emergency Incident
within the jurisdictional boundaries of a Requesting Party which requires the provision of
apparatus, equipment or personnel over and above that available for response by such
Party and all Assisting Parties providing Automatic Aid.
2. Response Levels
(a) Automatic Aid In the event of an Automatic Aid Incident, the
Assisting Parties shall provide to the Requesting Party the apparatus and equipment
which is attached hereto and incorporated herein by reference and necessary personnel to
operate the apparatus and equipment, as specifically contemplated by geographic region
and type of call on Exhibit A which is attached hereto and incorporated herein by
reference, or which it would respond to a like Emergency Incident within its own
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jurisdiction. Exhibit A may be amended from time to time by written agreement of the
Fire Chiefs of the Parties affected by such amendment.
(b) Mutual Aid In the event of a Mutual Aid Incident, the Incident
Commander on scene or highest ranking operations officer on duty for the Requesting
Party shall request such additional apparatus, equipment and/or personnel to be provided
by the Assisting Parties as deemed reasonably necessary. The Assisting Parties shall
provide the apparatus, equipment, and personnel, as available and as requested by the
Requesting Party, and as deemed available by the Assisting Party.
(c) Assisting Party's Discretion Should any Party have personnel or
resources already committed to an Emergency Incident, either within or without its
jurisdiction, or otherwise unavailable, which in its sole discretion prevents it from
providing Automatic Aid or Mutual Aid and also providing an adequate level of service
and protection within its own jurisdiction, it shall promptly notify its dispatcher or the
other Parties and shall be released from all or a portion of its Automatic Aid or Mutual
Aid responsibilities until its personnel and resources are adequate and available. When
available personnel and equipment return to adequate levels, the Assisting Party shall
notify its dispatcher or other Parties to return to Automatic Aid or Mutual Aid
dispatching.
(d) Governing Body Authorization Automatic Aid or Mutual Aid shall
be provided without regard to political boundaries and in full compliance with the terms
and conditions of this Agreement. Automatic Aid or Mutual Aid by any Party as provided
herein is hereby approved by the respective governing bodies of the Parties, and such
responses to specific Emergency Incidents shall require no further approval by the
governing bodies of any Party.
(e) Pre - Existing Obligations Nothing herein shall limit the Emergency
Incident duties of any Party within its respective jurisdiction, or any other aid agreements
any Party may have with any other Party or entities.
3. Dioatching The Parties shall notify their respective dispatching entities of
this Agreement and the need to dispatch equipment and personnel in accordance with the
provisions of this Agreement.
(a) Automatic Aid Dispatching of the Assisting Parties rendering
Automatic Aid shall be automatic and consistent with Exhibit A, without additional,
specific Emergency Incident authorization or request of the Requesting Party. The
Requesting Party shall clarify the level of Automatic Aid actually needed as early in the
Emergency Incident as possible.
(00 196400. DOC / 21 1
(b) Mutual Aid Dispatching of Assisting Parties rendering Mutual Aid
shall be only upon the specific request of the Incident Commander on scene, or highest
ranking operations officer of the Requesting Party on duty.
4. Automatic Aid Command
(a) The general command of an Automatic Aid or Mutual Aid
Emergency Incident shall be vested in the Incident Commander in accordance with the
Colorado Incident Command System, regardless of the jurisdiction of his/her origin.
(b) Command of patient care at an Automatic Aid or Mutual Aid
incident shall be vested in and carried out by the "Lead Paramedic /EMT," defined as the
first paramedic or emergency medical technician to arrive at the incident scene,
regardless of jurisdiction of origin, until such person turns over patient care command to
another paramedic or emergency medical technician.
(c) All Emergency Incident operations and activities shall be
coordinated with the Incident Commander. At no time shall any Party involved in an
Automatic Aid or Mutual Aid incident be expected to operate contrary to standing orders
or policies of its own jurisdiction or physician advisor.
(d) A Party providing Automatic Aid or Mutual Aid shall be released
from service when the Incident Commander determines its services are no longer needed.
5. Wildland Fire The request or provision of Automatic Aid or Mutual Aid
pursuant to this Agreement associated with a wildland fire shall not constitute a
determination by any Party that a wildland fire exceeds the capabilities of the Party to
control or extinguish, so as to transfer the responsibility and coordination of such
wildland fire to the County Sheriff pursuant to Section 29- 22.5- 103(2), C.R.S. Such
determination shall be made solely in the discretion of the Party within whose jurisdiction
the wildland fire occurs.
6. Maintenance of Organization Each Party is expected to maintain its
personnel, apparatus, and equipment and organize its Emergency Incident response
methods so as to be capable of responding adequately to ordinary and recurring
Emergency Incidents arising within its boundaries. No Parry shall expect, nor shall any
Party be required to respond to Emergency Incidents occurring within a Party's
jurisdiction which Party has failed to adequately organize Emergency Incident response
methods, personnel, apparatus, and equipment to meet ordinary and recurring demands
arising within its jurisdiction.
7. Compensation and Reimbursement The Parties agree that the services to be
provided hereunder to each other are of equal value. All Automatic Aid and Mutual Aid
rendered under this Agreement shall be without charge to any Party. Each Party shall
(00196400.DOC / 21 4
have the right to seek compensation or reimbursement and bill any person or agency not a
Party for services provided pursuant to this Agreement, in accordance with its own billing
policies and as authorized by law.
8. Training and Planning The Parties shall schedule and provide joint
training exercises involving the personnel of other Parties. The Parties shall attempt to
coordinate pre- incident response planning and long -term capital acquisition and
improvement to maximize response capabilities and beneficial use of public resources.
9. Additional Actions The Fire Chiefs of the Parties are directed to take all
actions necessary to carry out the terms of this Agreement, including, if necessary,
revising radios and communications equipment so that the Parties have a common
communications capability. All parties shall cooperate with each other during and until
completion of any Emergency Incident investigation and shall report all such information
to the Requesting Party. Each Party shall be responsible for obtaining the information
necessary for completion of its own Emergency Incident report and shall exchange that
information with all other Parties present at the Emergency Incident. Information
pertaining to insurance, statistics for loss data, arson investigation and other emergency
response statistics shall be gather and made available to all other Parties by the
Requesting Party. All protected health information shall be subject to HIPAA privacy
requirements.
10. Personnel and Equipment Each Party shall remain responsible for the
payment of salary, wages, or other compensation or reimbursement of its own personnel
utilized in an Automatic Aid or Mutual Aid incident, and all costs associated with use of
their own equipment and apparatus. The personnel and equipment of any Party providing
Automatic Aid or Mutual Aid shall be insured by the liability, workers' compensation, or
other insurance of their own agency. Each Party shall be responsible for their own
consumable equipment and supplies, including fuel, which may be consumed as part of
an Automatic Aid or Mutual Aid incident.
11. Liability to Third Persons Each Party assumes full responsibility and
liability for any and all injuries to, and damages to real or personal property of, persons
not a party to this Agreement that occur during an Automatic Aid or Mutual Aid incident,
caused by that Party, its volunteers, servants, agents, or employees. To the maximum
extent allowed by law, each Party ( "first Party") covenants and agrees to indemnify, save
and keep each other Party ( "second Party") harmless against all liabilities, judgments,
costs, damages and expenses, including court costs and attorney's fees, of and from any
and all claims of any kind or nature whatsoever which may in any way arise against the
second Party for or on account of personal injuries and damages to real or personal
property or to the loss of any property by persons not a Party to this Agreement caused as
a result of any act or deed or any failure to act of any volunteer, servant, agent, or
employee of the first Party in connection with this Agreement. Nothing contained in this
Agreement shall be construed as a waiver of the protections of the Colorado
(00 1 96400.DOC / 2)
Governmental Immunity Act, Section 24 -10 -101, et seq., C.R.S., and the Parties reserve
all of their rights under said Act. It is the intent of this provision to contractually
reallocate liability for damages from that provided by Section 29 -5 -108, C.R.S.
12. Waiver Each Party ( "first Party") assumes full responsibility and liability,
and waives all claims it may have against each other Party ( "second Party"), for any and
all damages to the equipment of the first Party, and for personal injuries and damages to
real or personal property of the first Party's volunteers, servants, agents, or employees,
whether caused by the second Party or a person not a party to this Agreement, that occur
during the course of an Automatic Aid or Mutual Aid incident, except for damages and
injuries caused by the willful and wanton actions, or intentionally tortious conduct of
second Party. It is the intent of this provision to contractually reallocate liability for
damages from that provided by Section 29 -5 -108, C.R.S.
13. No Third -Party Rights Nothing in this Agreement shall be deemed to
create or give rise to any rights, claims or causes of action in any person or entity except
the Parties.
14. Prior Agreements This Agreement shall supersede all prior agreements
regarding Mutual Aid or Automatic Aid by, for and/or between Parties.
15. Effective Date and Term This Agreement shall become effective between
the signatories of this Agreement at 0:00 hours of the first day of the first month
following execution by two or more Parties, regardless of whether or when all Parties
may execute this Agreement. The term of this Agreement shall be through the end of the
year in which it is entered, and this Agreement shall be automatically renewed for
additional one (1) year terms unless terminated by written notice, such notice given not
less than thirty (30) days prior to the end of the year, unless otherwise agreed by the
Parties. Termination by one Party shall not effect a termination of the Agreement as to
the remaining parties unless the remaining Parties also agree to terminate.
16. Annual Appropriations Notwithstanding the provisions of this Agreement
to the contrary, the terms and obligations of this Agreement are subject to annual
appropriations by the Parties so as to not create a multiple fiscal year obligation pursuant
to Article X, Section 20 of the Colorado Constitution.
17. Assignment This Agreement shall be binding upon the successors and
assigns of each of the Parties hereto, except that no Party may assign any of its rights or
obligations hereunder, without the prior written consent of the other Parties.
18. Notices Any formal notice, demand or request pursuant to this Agreement
shall be in writing and shall be deemed properly served, given or made, if delivered in
person or sent by certified mail postage prepaid to the Parties at the addresses listed by
the signatures below.
(00196400.DOC / 2) 6
19. Amendments This Agreement may be amended only by written document
signed by the Parties.
20. Severability In the event that any of the terms, covenants or conditions of
this Agreement or their application shall be held invalid as to any person, entity or
circumstance by any court having competent jurisdiction, the remainder of this
Agreement and the application in effect of its terms, covenants or conditions to such
persons, entities or circumstances shall not be changed thereby.
21. Duplicate Original This Agreement shall be executed in counterparts, each
of which shall be an original, but all of which together shall constitute one and the same
instrument.
IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be
executed as of the day and year first written above.
COUNTY OF EAGLE, STATE OF
COLORADO, by and through its BOARD
OF COUNTY COMMISSIONERS
am
Sara J. Fisher, Chairman
P. O. Box 850
Eagle, Colorado 81631
Attest:
Clerk to the Board of County
Commissioners
APPROVED:
L b -n
Joseph Hoy, Eagle County Sheriff
(00196400.DOC / 2) 7
TOWN OF VAIL
Attest:
Lorelei Donaldson, Town Clerk
Attest:
Michael Gallagher, Secretary
Attest:
Peter Nolan, Secretary
Stan Zemler, Town Manager
75 S. Frontage Road
Vail, Colorado 81657
EAGLE RIVER FIRE PROTECTION
DISTRICT
LIM
Edward D. O'Brien, Chairman
Post Office Box 7980
Avon, Colorado 81620
GYPSUM FIRE PROTECTION DISTRICT
LIM
Tammy Conway, Chairman
Post Office Box 243
Gypsum, Colorado 81637
100196400.DOC / 21 8
GREATER EAGLE FIRE PROTECTION
DISTRICT
Attest:
Roby Forsyth, Secretary
Attest:
, Secretary
3
Roxie Deane, Chairman
Post Office Box 961
Eagle, Colorado 81631
BASALT AND RURAL FIRE PROTECTION
DISTRICT FIRE PROTECTION DISTRICT
, Chairman
1089 JW Drive
Carbondale, Colorado 81623
ROCK CREEK VOLUNTEER FIRE
DEPARTMENT
Un
Chairman
Attest:
, Secretary
P. O. Box 234
McCoy, Colorado 80463
(00196400.DOC / 2) 9
EXHIBIT A
AUTOMATIC AID CALLS
(Describe by geographic areas and type of call)
100196400.DOC / 2}