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
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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.
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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.
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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.
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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.
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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;