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Home My WebLink About2014-29 IGA for Emergency Response ServicesRESOLUTION NO. 29 Series of 2014 A RESOLUTION APPROVING AN EMERGENCY RESPONSE SERVICES INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND EAGLE COUNTY; 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, Vail Fire and Emergency Services, a department of the Town ("Vail Fire"), has historically voluntarily provided emergency response services for incidents occurring between mile markers 182 and 190 on Interstate 70 ("Vail Pass"); WHEREAS, Vail Pass is located outside of the corporate limits of the Town, but within the corporate limits of Eagle County (the "County"); WHEREAS, the County desires to enter into an Intergovernmental Agreement ("IGA") with the Town whereby Vail Fire will provide emergency response services for incidents occurring on Vail Pass; and WHEREAS, The Council's approval of Resolution No. 29, Series of 2014, 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 the IGA with the County 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 Council of the Town of Vail held this 21s day of October, 2014. ..W N n.. drew P-(�Z�Daly Resolution No. 29, 2014 ayor of the Town EXHIBIT A EMERGENCY RESPONSE SERVICES AGREEMENT THIS EMERGENCY RESPONSE SERVICES AGREEMENT (the "Agreement") is made and entered into on the —day of , 2014 (the "Effective Date"), by and between EAGLE COUNTY, COLORADO (the "County"), and the TOWN OF VAIL, COLORADO (the "Town") (each referred to as a "Party" and collectively as the "Parties"). WHEREAS, Vail Fire and Emergency Services, a department of the Town ("Vail Fire"), has historically voluntarily provided emergency response services for incidents occurring between mile markers 182 and 190 on Interstate 70 ("Vail Pass"); WHEREAS, Vail Pass is located outside of the corporate limits of the Town, but within the corporate limits of the County; WHEREAS, by executing this Agreement, neither Party is admitting to nor accepting the legal or financial obligation to perform the emergency response services identified herein. However, the Parties recognize the unique impacts to the health, safety and welfare to our citizens and local economy when Vail Pass remains closed; WHEREAS, the County now desires to enter into a formal agreement with the Town whereby Vail Fire will provide for the Town's continued provision of emergency response services for incidents occurring on Vail Pass; WHEREAS, the Town agrees to render such services based on the terms and conditions set forth in this Agreement; and WHEREAS, this Agreement is authorized by C.R.S. § 29-1-203. NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Services. The Town shall provide emergency, response services on Vail Pass at the same level of service as is provided by the Town within its own jurisdiction. 2. Designated Contact Persons. Each Party shall appoint a Designated Contact Person under this Agreement. 3. Reports. The Town shall provide an annual written report to the County detailing the emergency response services provided under this Agreement. Said report shall, at a minimum, detail the number and type of emergency responses, the number and type of medical services provided, response times, and hours of investigation services. 4. Employees. All officers and personnel of the Town providing services under this Agreement shall remain Town employees and the Town shall be responsible for any and Resolution No. 29, 2014 all actions or inactions of its employees while performing the emergency response services identified herein. 5. Hold Harmless. The County shall hold the Town and its officers, insurers, volunteers, representative, agents, employees, attorneys, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement. 6. Term and Termination. a. This Agreement shall become effective on the Effective Date. Unless otherwise terminated as provided herein, the term of this Agreement shall be through December 31, 2014; provided that the Agreement shall automatically renew for one successive year on January I't of each year unless otherwise terminated as provided herein. Notwithstanding anything herein to the contrary, no payments will be due in calendar year 2014. The 2015 payment will be due on February 28, 2015. Any extensions beyond 2015 will be by mutual agreement of the Parties. b. Either Party may terminate this Agreement at any time and in its sole discretion upon 60 days advance written notice. Upon termination, the County will not be entitled to a prorated refund for any current year payment that has been made. 7. Compensation. For the services provided by the Town, the County agrees to pay the Town a total annual sum of eighty seven thousand five hundred dollars ($87,500) to be paid annually by the end of February for the current calendar year. 8. Miscellaneous. a. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. b. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by a Party shall not constitute a waiver of any of the other terms or obligations of this Agreement. C. Integration. tion. This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications. d. Third Parties. There are no intended third -party beneficiaries to this Agreement. e. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. Resolution No. 29, 2014 f. Modification. This Agreement may only be modified upon written agreement of the Parties. g. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties hereto, shall be assigned by either Party without the written consent of the other. h. Governmental Immunity. The Town and its officers, attorneys and employees and the County and its officers, attorneys and employees are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees or the County and its officers, attorneys and employees. Neither the Town nor the County and their respective employees shall be deemed to assume any liability for intentional or negligent acts or omissions by the other Party, or any officer, agent or employee of the other Party. i.. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town or the County not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. Notwithstanding anything herein to the contrary, if applicable funds are not appropriated for a forthcoming Term, the County or Town may terminate this Agreement without penalty, effective upon the commencement of the period for which funds have not been appropriated. The Parties will use their best effort to notify the other Party of such non -appropriation of funds and resulting termination at the earliest possible date. Nothing herein shall be interpreted to limit or otherwise restrict the County or the Town's discretionary budget making -decisions, including but not limited to the decision to continue to provide services or make payments hereunder in any future budget year. Specifically, neither Party shall have any financial obligations under this Agreement after, nor shall any payments be made to any Party in respect of any period after December 31 of any year, without an appropriation therefore in accordance with a budget adopted by the Party's governing body in compliance with Article 25, title 30 of the Colorado Revised Statutes and the Local Government Budget Law (C.R.S. 29-1-101 et. seq.). The County's decision to fund future emergency response services hereunder may be influenced by many things, including but not limited to the continuing availability of PILT funding, the continued efforts to find additional funding partners, competing requests for County financial resources, and the overall financial health of the County. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first set forth above. Resolution No. 29, 2014 TOWN OF VAIL, COLORADO Stan Zemler, Town Manager ATTEST: Patty McKenny, Town Clerk COUNTY OF EAGLE, COLORADO Jill Ryan, Chairman of the Board of Commissioners ATTEST: Resolution No. 29, 2014