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HomeMy WebLinkAbout2016-04 IGA with Loveland Fire for Provison of TrainingC RESOLUTION NO. 4 Series 2016 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND LOVELAND FIRE RESCUE AUTHORITY FOR THE PROVISION OF TRAINING; 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"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, the Town of Vail Fire Department and the Loveland Fire Rescue Authority (the "Parties") provide fire protection services for the safety and welfare of their communities; WHEREAS, the Parties desire to work cooperatively by making efficient and effective use of firefighting and fire rescued training resources for the benefit of each of their communities; and WHEREAS, the Council considers it in the interest of the public health, safety and welfare to enter into this Intergovernmental Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: 1. The Council hereby approves the Intergovernmental Agreement and authorizes the Town Manager to enter into the Intergovernmental Agreement on behalf of the Town in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. 2. This Resolution shall be effective immediately upon adoption. INTRODUCED, READ, APPROVED AND ADOPTED this 19`h dayhof January, 2016. Resolution No. 4, Series 2016 0 EXHIBIT A INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF TRAINING THIS AGREEMENT is made and entered into this day of January, 2016, by and between the Town of Vail -Vail Fire and Emergency Services (Town) and the Loveland Fire Rescue Authority ("Authority") concerning the provision of training and training facilities by the Authority to the Town. RF.CiTAi,S WHEREAS, in accordance with C.R.S. § 29-1-201, the Town and the Authority (individually referred to as the "Party" and collectively as the "Parties") as governmental entities are permitted and encouraged to make the most efficient and effective use of their powers and responsibilities by cooperating and contracting with other governments; and WHEREAS, in accordance with C.R.S. § 29-1-203, governments may cooperate or contract one with another to provide any function, service or facility lawfully authorized to each of the respective units of governments; and WHEREAS, the Authority and the Town (individually referred to herein as the "Party" and collectively as the "Parties") provide fire protection services for the safety and welfare of their citizens; and WHEREAS, the Parties desire to work cooperatively by making efficient and effective use of firefighting and fire and rescue training resources for the benefit of each Party's citizens; and WHEREAS, the Town desires to have its fire and rescue personnel ride along with the Authority's personnel as part of the Town's training program in order to improve the fire and rescue services provided within its jurisdiction. NOW, THEREFORE, the Parties agree as follows: AGREEMENT 1. Services. a. Ride -Along on Calls for Service. i. The Authority will allow members of the Town fire and rescue personnel to ride along and participate in Authority calls for service for the sole purpose of fire and rescue related training of the Town's fire and rescue personnel pursuant to the terms of this agreement. ii. Schedule. The Authority and the Town will mutually agree upon a schedule for the Town personnel to ride with Authority personnel. 0 iii. Equipment. The Town shall be responsible for the provision of all equipment (including bunker gear and personal protective equipment), vehicles or other machinery or equipment deemed necessary by the Authority for the Town's fire and rescue personnel to ride along and participate in calls for service with Authority personnel. 2. Term. The terms of this Agreement shall begin on the date first set forth above and continue through January 31, 2017. This Agreement shall automatically renew for successive one (1) year periods, unless earlier terminated as provided for in paragraph 16. 3. Liability. The Parties agree that during the time the Town fire and rescue personnel are riding along and participating in calls for service pursuant to this Agreement, any liability which accrues under the provision of the Colorado Governmental Immunity Act (C.R.S. §24-10-101, et seq.) ("Act") as a result of a negligent act or omission of the Town or of its employees shall be imposed upon the Town and not the Authority. In addition, the Town agrees, to the extent permitted by law, to indemnify, defend and hold harmless the Authority against any and all judgments, costs, expenses and attorney fees incurred by the Authority related to its performance under this Agreement that may result from any negligent act or omission by the Town or its employees. Nothing herein shall be deemed a waiver of the notice requirements, defenses, immunities and limitations of liability that the Authority and its officers and employees may have under the Act and under any other law. 4. Workers' Compensation Insurance. If any firefighter or other personnel of the Town is injured, disabled or dies as a result of performance under this Agreement while within the boundaries of the Authority, said individual shall remain covered by, and eligible for, the workers compensation and firefighters pension benefits which said individual would otherwise be entitled if the injury, disability or death had occurred within the boundaries of the Town. 5. Insurance Requirements. a. Policies. The Town shall procure and keep in force during the duration of this Agreement the following insurance policies and shall provide the Authority with a certificate of insurance prior to commencing riding along and participating in calls for service: i. Comprehensive general liability insurance insuring the Town and naming the Authority as an additional insured with minimum combined single limits of $1,000,000 each occurrence and $1,000,000 aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. ii. Comprehensive automobile liability insurance insuring the Town and naming the Authority as an additional insured against any liability for personal injury, bodily injury, or death arising out of the use of motor vehicles and covering operations on or off the site of all motor vehicles controlled by the Town which are used in connection with this Agreement, whether the motor vehicles are owned, non -owned, or hired, with a combined single limit of at least $1,000,000. iii. Workers' compensation insurance. b. Requirements. Required insurance policies shall be obtained from companies qualified to do business in Colorado. Comprehensive general and automobile policies shall be for the mutual and joint benefit and protection of the Town and the Authority. Such policies shall provide that the Authority, although named as an additional insured, shall nevertheless be entitled to recover under said policies for any loss occasioned to it, its officers, employees, and agents by reason of negligence of the Town, its officers, employees, agents, subcontractors, or business invitees. Such policies shall be written as primary policies not contributing to and not in excess of coverage the Authority may carry. 6. Severability. If any provision of this Agreement, or the application of such provision to any person, entity or circumstance, shall be held invalid, the remainder of this Agreement shall not be affected thereby. ® 7. Entire Agreement. This Agreement shall not invalidate or otherwise affect any other agreement presently in effect. This Agreement represents the entire agreement of the Parties with respect to use of the Training Facility and any amendment to this Agreement shall be in writing and executed by the Parties. 8. Governing Law and Venue. It is expressly understood and agreed by and between the Parties that this Agreement is made in and shall be construed and interpreted in accordance with the laws of the State of Colorado and venue shall be Larimer County, Colorado. 9. Assignment. This Agreement shall not be assigned by either Party without the prior written consent of the other Party. 10. Relationship of Parties. The Parties enter into this Agreement as separate and independent governmental entities and each shall maintain such status throughout the term of this agreement. Officers, employees and agents of one Party are not officers, employees or agents of the other Party. 11. Effect of Agreement. This Agreement is not intended to, nor should it be construed to: effect or extend the legal responsibilities of either Party; or create or modify preexisting legal obligations, if any. 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 any right of action hereunder for any cause whatsoever. Any services performed or expenditures made in connection with this Agreement by either Party shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of such Party. 0 12. Counterparts. This Agreement may be executed in any number of original counterparts, all of which evidence only one agreement. The Parties agree that counterpart signatures of this Agreement shall be acceptable and that execution of this Agreement in the same form by each and every Party shall be deemed to constitute full and final execution of this Agreement. 13. Headings. Paragraph headings in this Agreement are for convenience of reference only and shall in no way define, limit or prescribe the scope or intent of any provision of this Agreement. 14. Construction of Agreement. This Agreement shall be construed according to its fair meaning as if it was prepared by both Parties and shall be deemed to be and contain the entire agreement between the Parties. There shall be deemed to be no other terms, conditions, promises, understandings, statements or representations, expressed or implied, concerning this Agreement, unless set forth in writing and signed by both Parties. 15. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties and the respective successors and permitted assigns. 16. Termination. Any Party may terminate this Agreement, with or without cause, upon thirty (30) days prior written notice to the other Party to this Agreement. 17. Notices. Any notice under this Agreement to a Party shall be effective upon receipt at the addresses set forth below. Fire Rescue Authority: Fire Chief Loveland Fire Rescue Authority 410 East Fifth Street Loveland, Colorado 80537 Town of Vail: Fire Chief 2399 North Frontage Road West Vail, CO, 81657 IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. ATTEST: 0 Town of Vail Stan Zemler, Town Manager H Secretary ATTEST: Secretary APPROVED AS TO FORM Attorney c LOVELAND FIRE RESUCE AUTHORITY Jeffrey M. Swanty, Chairperson SRESOLUTION NO. 4 Series 2016 r f4 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND LOVELAND FIRE RESCUE AUTHORITY FOR THE PROVISION OF TRAINING; 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"); and WHEREAS, the members of the Town Council of the Town (the "Council') have been duly elected and qualified,- WHEREAS, ualified;WHEREAS, the Town of Vail Fire Department and the Loveland Fire Rescue Authority (the "Parties") provide fire protection services for the safety and welfare of their communities; WHEREAS, the Parties desire to work cooperatively by making efficient and effective use of firefighting and fire rescued training resources for the benefit of each of their communities; and WHEREAS, the Council considers it in the interest of the public health, safety and welfare to enter into this Intergovernmental Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: 1. The Council hereby approves the Intergovernmental Agreement and authorizes the Town Manager to enter into the Intergovernmental Agreement on behalf of the Town in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. 2. This Resolution shall be effective immediately upon adoption. INTRODUCED, READ, APPROVED AND ADOPTED this 19`h day of January, 8411 ATTEST: Patty McKenny, Town Clerk Resolution No. 4, Series 2016 Dave Chapin, Town Mayor iEXHIBIT A INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF TRAINING THIS AGREEMENT is made and entered into this day of January, 2016, by and between the Town of Vail -Vail Fire and Emergency Services (Town) and the Loveland Fire Rescue Authority ("Authority") concerning the provision of training and training facilities by the Authority to the Town. RECITALS WHEREAS, in accordance with C.R.S. § 29-1-201, the Town and the Authority (individually referred to as the "Party" and collectively as the "Parties") as governmental entities are permitted and encouraged to make the most efficient and effective use of their powers and responsibilities by cooperating and contracting with other governments; and WHEREAS, in accordance with C.R.S. § 29-1-203, governments may cooperate or contract one with another to provide any function, service or facility lawfully authorized to each of the respective units of governments; and WHEREAS, the Authority and the Town (individually referred to herein as the "Party" and collectively as the "Parties") provide fire protection services for the safety and welfare of their citizens; and • WHEREAS, the Parties desire to work cooperatively by making efficient and effective use of firefighting and fire and rescue training resources for the benefit of each Party's citizens; and WHEREAS, the Town desires to have its fire and rescue personnel ride along with the Authority's personnel as part of the Town's training program in order to improve the fire and rescue services provided within its jurisdiction. NOW, THEREFORE, the Parties agree as follows: AGREEMENT Services. a. Ride -Along on Calls for Service. i. The Authority will allow members of the Town fire and rescue personnel to ride along and participate in Authority calls for service for the sole purpose of fire and rescue related training of the Town's fire and rescue personnel pursuant to the terms of this agreement. ii. Schedule. The Authority and the Town will mutually agree upon a schedule for the Town personnel to ride with Authority personnel. El- ® iii. Equipment. The Town shall be responsible for the provision of all equipment (including bunker gear and personal protective equipment), vehicles or other machinery or equipment deemed necessary by the Authority for the Town's fire and rescue personnel to ride along and participate in calls for service with Authority personnel. 2. Term. The terms of this Agreement shall begin on the date first set forth above and continue through January 31, 2017. This Agreement shall automatically renew for successive one (1) year periods, unless earlier terminated as provided for in paragraph 16. 3. Liability. The Parties agree that during the time the Town fire and rescue personnel are riding along and participating in calls for service pursuant to this Agreement, any liability which accrues under the provision of the Colorado Governmental Immunity Act (C.R.S. §24-10-101, et seq.) ("Act") as a result of a negligent act or omission of the Town or of its employees shall be imposed upon the Town and not the Authority. In addition, the Town agrees, to the extent permitted by law, to indemnify, defend and hold harmless the Authority against any and all judgments, costs, expenses and attorney fees incurred by the Authority related to its performance under this Agreement that may result from any negligent act or omission by the Town or its employees. Nothing herein shall be deemed a waiver of the notice requirements, defenses, immunities and limitations of liability that the Authority and its officers and employees may have under the Act and under any other law. is 4. Workers' Compensation Insurance. If any firefighter or other personnel of the Town is injured, disabled or dies as a result of performance under this Agreement while within the boundaries of the Authority, said individual shall remain covered by, and eligible for, the workers compensation and firefighters pension benefits which said individual would otherwise be entitled if the injury, disability or death had occurred within the boundaries of the Town. Insurance Requirements. a. Policies. The Town shall procure and keep in force during the duration of this Agreement the following insurance policies and shall provide the Authority with a certificate of insurance prior to commencing riding along and participating in calls for service: i. Comprehensive general liability insurance insuring the Town and naming the Authority as an additional insured with minimum combined single limits of $1,000,000 each occurrence and $1,000,000 aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. ii. Comprehensive automobile liability insurance insuring the Town and naming the Authority as an additional insured against any liability for personal injury, bodily injury, or death arising out of the use of motor vehicles and covering operations on or off the site of all motor vehicles controlled by the Town which are used in connection with this Agreement, whether the motor vehicles are owned, non -owned, or hired, with a combined single limit of at least $1,000,000. iii. Workers' compensation insurance. b. Requirements. Required insurance policies shall be obtained from companies qualified to do business in Colorado. Comprehensive general and automobile policies shall be for the mutual and joint benefit and protection of the Town and the Authority. Such policies shall provide that the Authority, although named as an additional insured, shall nevertheless be entitled to recover under said policies for any loss occasioned to it, its officers, employees, and agents by reason of negligence of the Town, its officers, employees, agents, subcontractors, or business invitees. Such policies shall be written as primary policies not contributing to and not in excess of coverage the Authority may carry. 6. Severability. If any provision of this Agreement, or the application of such provision to any person, entity or circumstance, shall be held invalid, the remainder of this Agreement shall not be affected thereby. 7. Entire Agreement. This Agreement shall not invalidate or otherwise affect any other agreement presently in effect. This Agreement represents the entire agreement of the Parties with respect to use of the Training Facility and any amendment to this Agreement shall be in writing and executed by the Parties. 8. Governing Law and Venue. It is expressly understood and agreed by and between the Parties that this Agreement is made in and shall be construed and interpreted in accordance with the laws of the State of Colorado and venue shall be Larimer County, Colorado. 9. Assi ngnment. This Agreement shall not be assigned by either Party without the prior written consent of the other Party. 10. Relationship of Parties. The Parties enter into this Agreement as separate and independent governmental entities and each shall maintain such status throughout the term of this agreement. Officers, employees and agents of one Party are not officers, employees or agents of the other Party. 11. Effect of Agreement. This Agreement is not intended to, nor should it be construed to: effect or extend the legal responsibilities of either Party; or create or modify preexisting legal obligations, if any. 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 any right of action hereunder for any cause whatsoever. Any services performed or expenditures made in connection with this Agreement by either Party shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of such Party. 0 C 12. Counterparts. This Agreement may be executed in any number of original counterparts, all of which evidence only one agreement. The Parties agree that counterpart signatures of this Agreement shall be acceptable and that execution of this Agreement in the same form by each and every Party shall be deemed to constitute full and final execution of this Agreement. 13. Headings. Paragraph headings in this Agreement are for convenience of reference only and shall in no way define, limit or prescribe the scope or intent of any provision of this Agreement. 14. Construction of Agreement. This Agreement shall be construed according to its fair meaning as if it was prepared by both Parties and shall be deemed to be and contain the entire agreement between the Parties. There shall be deemed to be no other terms, conditions, promises, understandings, statements or representations, expressed or implied, concerning this Agreement, unless set forth in writing and signed by both Parties. 15. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties and the respective successors and permitted assigns. 16. Termination. Any Party may terminate this Agreement, with or without cause, upon thirty (30) days prior written notice to the other Party to this Agreement. ® 17. Notices. Any notice under this Agreement to a Party shall be effective upon receipt at the addresses set forth below. Fire Rescue Authority: Fire Chief Loveland Fire Rescue Authority 410 East Fifth Street Loveland, Colorado 80537 Town of Vail: Fire Chief 2399 North Frontage Road West Vail, CO, 81657 IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. ATTEST: 11 Town of Vail Stan Zemler, Town Manager C7 Secretary ATTEST: Secretary APPROVED AS TO FORM Attorney C� 11 LOVELAND FIRE RESUCE AUTHORITY Jeffrey M. Swanty, Chairperson