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