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HomeMy WebLinkAbout2018-23 Mutual Aid Agreement between TOV and Summit Fire and EMS regarding Emergency AssistanceRESOLUTION NO. 23 Series of 2018 A RESOLUTION APPROVING A MUTUAL AID AGREEMENT BETWEEN THE TOWN OF VAIL AND SUMMIT FIRE AND EMS REGARDING EMERGENCY ASSISTANCE; 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 Vail Fire and Emergency ("VFES") provides fire protection, emergency medical, rescue and hazardous materials services within town limits; WHEREAS, the Summit Fire and Emergency Medical Assistance ("Summit FES") provides fire protection, emergency medical, rescue and hazardous materials services within Grand and Summit Counties; WHEREAS, in the event of a fire, emergency medical or hazardous incident each would benefit from the mutual response by equipment and personnel of the other district's assistance; WHEREAS, the VFES and Summit FES wish to enter into a Mutual Aid Agreement outlining the terms and conditions of the mutual aid (the "IGA"); and WHEREAS, the Council's approval of Resolution No. 23, Series 2018, is required to enter into the IGA. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the IGA and authorizes the Town Manager to enter into the IGA with the Summit FES, 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 eeting of th own Council of the Town of Vail held this 5th day of June Resolution No. 23, Series 2018 TOWN OF VAIL- SUMMIT FIRE & EMS MUTUAL AID AGREEMENT THIS MUTUAL AID AGREEMENT ("Agreement") is made and entered into this 1st day of .May 2018, by and between the Town of Vail hereinafter referred to as "Town", and Summit Fire & EMS, hereinafter referred to as "Summit FES", with Town of Vail hereinafter being referred to jointly as "Parties" and singularly as "Party"; WITNESSETH WHEREAS, Summit FES is 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 its jurisdictional boundaries and response areas, which are located within Grand and Summit Counties, Colorado respectively and the Town is a Home Rule Municipality providing fire protection, emergency medical, rescue and hazardous materials services within its jurisdictional boundaries; and WHEREAS, the Parties determine that in the event of a fire, emergency medical, rescue, or hazardous materials incident, each would benefit ty 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 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 a 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. 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 within the jurisdictional or response area of a Requesting Party (b) "Emergency Incident" means a fire, emergency medical, rescue, and ambulance or hazardous materials incident requiring an emergency response by a Party 012 Town of Vail — Summit F E S (c) "Jurisdictional Boundary" means those properties which are located within the legal description for the fire protection district and are either subject to the fire district's property tax mill levy or exempt from such. (d) "Mutual Aid" means assistance provided by an Assisting Party to an actual or reported Emergency, Incident within the jurisdictional boundary or response area of a Requesting Party. (e) "Requesting Party" means a Party within whose jurisdiction or response area a Mutual Aid incident occurs and who is assisted by or has requested assistance of an Assisting Party. (f) "Response Area" means that the Requesting Party is the designated fire and alI-hazards emergency services entity which responds to requests for service outside of its jurisdictional boundaries. (g) "Mutual Aid Incident" means an actual or reported Emergency Incident within the jurisdictional or response area of a Requesting Party which requires the provision of apparatus, equipment or personnel over and above that available for response by such Patty 2. Response Levels. (a) 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 Patties as deemed reasonably necessary. Appendix A, Mutual Aid Response Matrix, serves as a guide for the type of mutual aid resources which are available for response to the Requesting Party. 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. (b) Assisting Party's Discretion. Should any Party have personnel or resources already committed to an Emergency Incident or environmental conditions prevent timely and/or safe access, either within or without its jurisdiction, or otherwise unavailable, which in its sole discretion prevents it from providing 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 Mutual Aid responsibilities until its personnel and resources are adequate and available. When available personnel and equipment return to adequate levels, the Assisting Pally shall notify its dispatcher or other Parties to return to Mutual Aid dispatching. c,,z t, 1)04,1' TownofVail — Summit FES (c) Governing Body Authorization. Mutual Aid shall be provided without regard to political boundaries and in full compliance with the terms and conditions of this Agreement. 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. (d) Pre -Existing Obligations. Nothing herein shall Iimit 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. Dispatching. 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. 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 o f the Requesting Party on duty. 4. Mutual Aid Command. (a) The general command of a Mutual Aid Emergency Incident shall be vested in the Incident Commander in accordance with the Incident Command System, regardless of the jurisdiction of his/her origin. (b) Command of patient care at a 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 ofjurisdiction 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 a Mutual Aid incident be expected to operate contrary to standing orders or policies of its own jurisdiction or physician advisor (d) A Party providing 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 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, Town ofVail — Summit F E S 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 Party 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 Mutual Aid rendered under this Agreement shall be without charge to any Party. Each Party shall 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 may schedule and provide joint training exercises as determined to be of mutual benefit involving the personnel of other Patties. The Parties shall attempt to coordinate pre -incident response planning and long-term capita! 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. The 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 gathered and made available to the other Party 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 a Mutual Aid incident, and all costs associated with use of their own equipment and apparatus. The personnel and equipment of any Party providing Mutual Aid shall be insured by the liability, workers' compensation, or other insurance of their own agency. Each Party shall be responsible for its own consumable equipment and supplies, including fuel, which may be consumed as part of a Mutual Aid incident. 4 Town of Vail — Summit F E S 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 a 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 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.RS. 12. Waiver. Each Party ("first Party") assumes full responsibility and liability, and waives all claims it may have against each other Party ("second Patty"), 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 a Mutual Aid incident, except for damages and injuries caused by the willful and wanton actions, or intentionally tortious conduct of second Patty. It is the intent of this provision to contractually reallocate liability for damages from that provided by Section 29-5-I08, 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 Agreementshall supersede all prior agreements regarding Mutual Aid by, for and/or between Patties. 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 Patties, 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 sixty (60) days prior to the end of the year, unless otherwise agreed by the Parties. 5 Town of Vail Summit FES 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 following addresses. Town of Vail Attn: Fire Chief 2399 N. Frontage Rd. West Vail, CO 81657 Summit FES Attn: Fire Chief P.O. Box 4428 Dillon, CO 80498 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 two counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument. 6 Town of Vail -- Summit F E S IN WITNESS WHEREOF the Parties hereto heave caused this Agreement to be executed as of the day and year first written above. TOWN OF VAIL Attest: Richard Rosene, Secretary Attest: Mjiry Hartley, Board Asst. Tre rer/Secretary By Summit FES Jirr;/Cox, President Town of Vail — Summit F E S APPENIIX A Mutual Aid Response 119atri;