HomeMy WebLinkAbout2012-38 IGA with Eagle River Fire Protection DistrictRESOLUTION NO. 38
Series of 2012
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE
TOWN OF VAIL AND EAGLE RIVER FIRE PROTECTION DISTRICT; 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 desires to partner with Eagle River Fire Protection District
(ERFPD) to fund a training chief position to be employed by ERFPD, to provide contract services
to Vail Fire Department (VFD);
WHEREAS, the VFD and ERFPD wish to enter into this Intergovernmental Agreement
(IGA) setting forth each of the Parties' rights and obligations concerning the funding of the
Training Chief position and receipt of training services from ERFPD; and
WHEREAS, the Council's approval of Resolution No. 38, Series 2012, is required to enter
into an IGA.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Section 1. The Council hereby approves and authorizes the Town Manager to enter
into an Intergovernmental Agreement with ERFPD, in substantially the same form as 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 18th day of December, 2012.
Andrew P. Daly,
Town Mayor
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Resolution No. 38, Series 2012
INTERGOVERNMENTAL AGREEMENT
CONCERNING
THE COOPERATIVE USE OF A TRAIIVING CHIEF
This Intergovernmental Agreement Concerning the Cooperative Use of a Training Chief
("AgreemenY') is entered into as of day of December, 2012 by and between the Eagle
River Fire Protection District, a quasi-municipal corporation and political subdivision of the
State of Colorado ("ERFPD"), and the Vail Fire Department acting through the Town of Vail, a
home rule and municipal corporation ("VFD"), collectively, the "Parties" or "Entities."
RECITALS
A. ERFPD was created under the Colorado Special District Act, §§ 32-1-101, et seq.,
C.R.S. for the purpose of providing fire protection functions, services and facilities. VFD is a
department within the Town of Vail and is authorized to provide fire protection functions,
services and facilities pursuant to Section 1.2 of the Town of Vail Home Rule Charter and
Section 1-7-1 of the Vail Municipal Code.
B. The state constitution and § 29-1-203, C.R.S., authorize the Parties to contract
with one another to provide any function, service or facility lawfully authorized to each. The
Fire Chiefs are authorized to run the operations of and to hire personnel on behalf of their
respective Entities.
C. The Parties have identified a common need for training chief services. The
Parties desire to work cooperatively to fund a training chief position ("Training Chief') to be
employed by ERFPD, to provide contract services to VFD in accordance with the terms of this
Agreement. The Parties may enter into additional agreements concerning the cooperative use of
training facilities and other matters of common interest.
D. ERFPD is willing and able to employ the Training Chief. The Parties wish to
enter into this Agreement setting forth each of the Parties' rights and obligations concerning the
funding of the Training Chief position and receipt of training services from ERFPD.
NOW THEREFORE, for good and valuable mutual consideration, the receipt and
sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
En�agement of a Trainin�ef.
A. The Training Chief shall be hired and employed by ERFPD. ERFPD shall be the
sole employer of the Training Chief. ERFPD shall be responsible for determining
the qualification and job description for the Training Chief, however, minimum
qualifications for the position and job duties for the Training Chief for ERFPD to
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receive payment for services under this Agreement are attached hereto as Exhibit
A, which may be amended from time to time.
B. The Fire Chiefs shall review the resumes or applications of the candidates for the
Training Chief position and collectively determine the candidates they wish to
jointly interview. After initial interviews, the Fire Chiefs shall determine the
candidates to be called back for second interviews.
C. ERFPD shall conduct its standard pre-hiring screening procedure for all
candidates selected for second interviews.
D. The Fire Chiefs shall conduct second interviews and recommend a candidate for
the Training Chief position. ERFPD shall complete its standard hiring process for
the selected candidate. Upon due consideration of the recommendation of the
Fire Chiefs, ERFPD shall, in its sole discretion, determine which candidate to
employ.
II. Trainin� Chief Compensation.
The Training Chief will be employed solely by ERFPD. The responsibility to hire and
supervise, including promote, discipline and terminate remains solely with ERFPD. As
such, ERFPD shall be solely responsible for payment of all salary, wages and other
compensation, reimbursement of expenses, liability and workers' compensation
insurance, pension and for withholding payroll taxes for the Training Chief.
III. Pavment for Services.
A. VFD shall pay to ERFPD one-fourth of the Compensation Package amount as set
forth on Exhibit B, attached hereto and incorporated herein, for training services
to be provided by ERFPD through the Training Chief. Such amount is based
upon a one-fourth share to VFD of the anticipated costs to ERFPD associated
with employment of the Training Chief. The compensation and benefits actually
paid by ERFPD to the Training Chief shall be determined by ERFPD in its sole
discretion.
B. The costs of services under this Agreement shall be reviewed on an annual basis
on or before November 1 S` for each subsequent year. Any modification of the cost
of services shall be only upon mutual agreement. VFD may terminate its
participation in this Agreement for failure to agree to an increase in the cost of
services associated with ERFPD's employment of the Training Officer, effective
January 1 S` of the subsequent year.
IV. Utilization of the Trainin� Chief.
A. The primary function of the Training Chief shall be to oversee a joint firefighter
training program for the Parties.
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B. VFD shall receive training services from ERFPD provided through the Training
Chief, equivalent to one-fourth of the hours worked by a full-time employee. The
Fire Chiefs shall use a good faith effort to share such training services on a
quarterly basis.
C. ERFPD shall be responsible for coordinating and allocating the training services
with VFD through its Fire Chief or designee.
D. On a monthly basis, ERFPD shall prepare a summarized report for VFD
describing the training services provided during the prior month, the amount of
time spent on each activity, and the allocation of time to each Entity. The report
shall contain a running summary for the year of the Training Chief's time
allocated to each of the Parties.
V. Payment of Services.
ERFPD shall invoice VFD for its costs for training services on a quarterly basis.
Payments shall be due within thirty (30) days of receipt of any invoice.
VI. Term.
A The term of this Agreement shall be for a period of five (5) years, with the option
to renew for one additional five (5) year term.
B. Either Party to this Agreement may terminate its interest effective as of December
31S` of each year, upon giving sixty (60) days prior written notice to the other
Party, including notice of any non-appropriation of funds for the subsequent
fiscal year.
VII. General Provisions.
A. This Agreement shall be governed by and construed in accordance with the laws
of the State of Colorado.
B. This Agreement does not create a multiple fiscal year debt for ERFPD or VFD.
Funding of the Training Chief position by ERFPD and payments for training
services by VFD shall be subject to annual appropriation by each of the Parties.
C. Should any provision of this Agreement or the application thereof, to any extent,
be held invalid or unenforceable, the remainder of this Agreement and the
application thereof other than those provisions as to which it shall have been held
invalid or unenforceable, shail not be affected thereby and shall continue in full
force and effect and shall be enforceable to the fullest extent permitted by law or
in equity.
D. This Agreement embodies the entire agreement between the Parties hereto
concerning the subject matter hereof and supersedes all prior conversations,
proposals, negotiations, understandings and agreements, whether written or oral.
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E. All exhibits attached to this Agreement and referred to herein shall for all
purposes be deemed to be incorporated in this Agreement by this reference and
made a part hereof.
F. In the event of any litigation between the Parties hereto concerning the subject
matter hereof, the prevailing party in such litigation shall be entitled to receive all
reasonable costs and expenses, including reasonable attorneys' fees, incurred by
the prevailing party in such litigation.
G. This Agreement shall not be modified except by a written agreement executed and
acknowledged by all of the Parties hereto and attached as an addendum.
H. Each of the Parties represents to the others that it has full power and authority to
execute, deliver and perform this Agreement, that this Agreement constitutes a
valid and legally binding obligation of such Party.
I. Notices, invoices, and other communications required or permitted to be given
shall be in writing, and delivered personally, sent electronically with a hard copy
sent by First Class mail, or sent by U.S. mail, postage prepaid, addressed to the
Parties at their addresses of record.
EXECUTED as of the date first written above.
ATTEST:
I:
Secretary
EAGLE RIVER FIRE PROTECTION DISTRICT
:
President
TOWN OF VAIL
:
Stan Zemler, Town Manager
Attest:
Lorelei Donaldson, Town Clerk
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EXHIBIT A
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Job Description - Division Chief of Trainin�
This position is responsible for developing and maintaining the work related skills and
proficiency of the personnel whose agency participates in the Intergovernmental Agreement
Concerning the Cooperative Use of a Training Chief. For each of the Participating Agencies, the
Training Chief will develop training programs that emphasize position-appropriate professional
development, ensure the scheduling of training, provide instruction, liaise with the Colorado
Division of Fire Prevention and Control on matters related to training, coordinate certifications
and maintain training records. The Training Chief makes budgetary recommendations that serve
to enhance the overall effectiveness of the Participating Agencies' training programs. This
position reports to the Fire Chief of the Eagle River Fire Protection District, but works closely
and coordinates with the Fire Chiefs and staffs of the Participating Agencies.
General Statement of Duties:
• Coordinates, schedules and implements training for members that maintain and enhance
individual and team performance. Develops programs that lead to member certification.
• Provides basic training for new members and skill maintenance of existing members.
• Serves as a coordinator for matters related to training between the Participating Agencies and
the Colorado Division of Fire Prevention and Control, Colorado Department of Health and
Colorado Mountain College for all fire and emergency medical certifications.
• Represents the Participating Agencies in training issues of local and statewide concern.
• Responds to major incidents as requested by the Participating Agencies. Assists with fire
ground command functions as may be required and assigned at major incidents.
• Maintains the Participating Agencies' training records.
• Performs other duties as assigned.
Essential Functions
• Develop training programs appropriate for each rank that promotes operational consistency
allowing employees to work collaboratively between Agencies using the same skills.
• Develop a system to assess knowledge, skills and abilities of all ranks at each agency.
• Performs strenuous physical tasks before, during and after the emergency response, and often
for extended periods of time. Performs fire suppression tasks and other emergency functions
at heights and in confined spaces. Enters hazardous atmospheres and other conditions that
may present great personal risk.
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• Operates motor vehicles to and from the scene of emergencies and may operate fire pumps
and other power equipment.
• Operates department staff vehicles.
• Operates computer equipment, phones, and other office equipment as necessary; completes
reports.
• Maintains certified Fire Officer I or equivalent and State of Colorado Emergency Medical
Technician. Obtains Fire Inspector I certification within 2 years.
• Enters hazardous atmospheres and other conditions that may present great personal risk.
• Communicates with voice over two-way radio. Communicates with voice to members of the
community and to members of the team. Gives verbal presentations to live audiences
ranging from children to adults.
• Possesses the ability to remain calm in life threatening or other critical situations.
Minimum Requirements
• Must possess State of Colorado Fire Officer I, Fire Instructor I, Proctor, and Emergency
Medical Technician certifications.
• Must possess a valid State of Colorado driver's license.
• Must possess a High School Diploma or equivalent.
• Ability to work as a manager of a team, in critical or life threatening circumstances.
� Ability to resolve and solve problems and conflicts with professionalism.
• Possesses excellent teaching, presentation and communication abilities.
• Experience in computer applications and databases.
• Ability to demonstrate strenuous physical tasks.
I understand the description of the job and the essential functions as given above. I also
understand that all of the duties are not described and that I will perform all duties as directed by
my supervisor and management.
This job description supersedes any previous description of the duties and functions of Division
Chief of Training.
Signing this job description in no way guarantees continued employment in this position. I
understand that I am an at-will employee and that I may end this employment at any time, Eagle
River Fire Protection District has the same right.
Signature
Print Name
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Date
EXHIBIT B
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Compensation Package - Division Chief of Training
Training Chief
Regular Full-Time Wages
Regular Part-Time Wages
Pay for Performance Bonus
Overtime Wages (FLSA)
Uniform Allowance
FT Pension
PTS Pension
Wellness
Employee Assistance Program
FICA/Medicare
Group Health and Life Insurance
Long-Term Disability Insurance — FPPA
Workers' Compensation
Unemployment Insurance
Long-term Disability
Short term Disability
30K Life & ADD (Prudential)
Total Salary & Benefits
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79,404.00
0.00
0.00
0.00
500.00
8,734.44
0.00
0.00
9.00
1,158.61
12,146.21
2,064.50
4,067.11
239.71
347.04
159.00
54.36
108,883.99