HomeMy WebLinkAbout2018-28 Ameneded and Restated IGA Reciprocal Hazardous Material Incident with Regional Hazardous Materials Association of ColoradoRESOLUTION NO. 28
Series of 2018
A RESOLUTION APPROVING AN AMENDED AND RESTATED RECIPROCAL
HAZARDOUS MATERIAL INCIDENT INTERGOVERNMENTAL AGREEMENT ("IGA")
BETWEEN THE TOWN OF VAIL AND REGIONAL HAZARDOUS MATERIALS
ASSOCIATION OF COLORADO; 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 Parties entered into a Regional Hazardous Materials Association of
Eagle County Establishment and Reciprocal Hazardous Material Incident Intergovernmental
Agreement, dated October 9, 2012, (the "Original IGA") for the purpose of establishing a
separate governmental entity known as the Regional Hazardous Materials Association of Eagle
County ("RHMAEC") for purposes of conducting joint hazardous materials activities including
without limitation, planning, information management, initial response, equipment procurement
and sharing, personnel procurement and training, reimbursement and financial management as
an operational group; and
WHEREAS, the Parties wish to enter into this IGA, which shall replace the Original IGA
in its entirety; and
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
1. The Council hereby approves the IGA and authorizes the Town Manager to
execute the IGA 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 take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular mee Lg of the Town Council of
the Town of Vail held this 3rd day of July, 2018.
Chapin a or of • ham• i n of Vail
a
Resolution No.
Clerk
s of 2018
REGIONAL HAZARDOUS MATERIALS ASSOCIATION OF EAGLE
COUNTY
(RHMAEC)
AMENDED AND RESTATED
REGIONAL HAZARDOUS MATERIALS ASSOCIATION OF EAGLE COUNTY
ESTABLISHMENT AND
RECIPROCAL HAZARDOUS MATERIAL INCIDENT
INTERGOVERNMENTAL AGREEMENT ("IGA")
This IGA is made and entered into this 28th day of June , 201 8 by and
between the Town of Vail, Eagle River Fire Protection District, Greater Eagle Fire Protection
District, Gypsum Fire Protection District, and Eagle County, hereinafter referred to collectively
as "Operational Members" or "Parties" and individually as "Operational Member" or "Party."
RECITALS
WHEREAS, Section 29-22-102(3) (a) and (b), C.R.S., requires the governing bodies of
every town, city, and county in the state to designate an emergency response authority
("DERA") responsible for hazardous substance incidents occurring within the respective
jurisdictions of the governing bodies; and
WHEREAS, Section 18 (2) (a) and (2) (b) of Article XIV of the Colorado Constitution
and Section 29-1-201, C.R.S., permit and encourage governments to enter into contracts to make
the most effective use of their resources for the benefit of the public; and
WHEREAS, Section 29-1-203, C.R.S., authorizes the State of Colorado and its political
subdivisions to enter into contracts to provide functions or services, including the sharing of
costs of such functions or services, which each of the Parties may be authorized to provide; and
WHEREAS, Section 29-22-103(3), C.R.S., encourages mutual aid agreements between
emergency response authorities for the purpose of enhancing the response to hazardous
substance incidents and establishing procedures for, among other things, utilizing equipment,
sharing technical assistance and promoting the safe handling of hazardous substance incidents;
and
WHEREAS, hazardous materials incidents may arise in one or more of the Parties'
jurisdictions, resulting in response demands that exceed the personnel, equipment and/or
expertise of that particular Party; and
WHEREAS, the Parties entered into a Regional Hazardous Materials Association of
Eagle County Establishment and Reciprocal Hazardous Material Incident Intergovernmental
Agreement, dated October 9, 2012, (the "Original IGA")for the purpose of establishing a
separate governmental entity known as the Regional Hazardous Materials Association of Eagle
County ("RHMAEC") for purposes of conducting joint hazardous materials activities including
without limitation, planning, information management, initial response, equipment procurement
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and sharing, personnel procurement and training, reimbursement and financial management as an
operational group; and
WHEREAS, the Parties wish to enter into this IGA, which shall replace the Original IGA
in its entirety; and
WHEREAS, the Parties wish to facilitate participation in such joint hazardous materials
activities by other agencies and entities with capabilities or responsibilities related to hazardous
materials activities, which other agencies and entities, upon joining the RHMAEC as provided
herein shall be known as "Advisory Members," and which along with the Operational Members,
shall be referred to collectively as "RHMAEC Members"; and
WHEREAS, to receive the RHMAEC Members resource(s), it is cost effective for each
of the RHMAEC Members to make available during a hazardous materials incident, its own
resources to other affected RHMAEC Members; and
WHEREAS, it is in the best interests of the public and each RHMAEC Member to have
access to hazardous materials response resources of other RHMAEC Members to supplement
their own resources during a hazardous materials incident; and
WHEREAS, establishment of the RHMAEC will serve a public purpose and will
promote the safety, security, and general welfare of the inhabitants within all the participating
Parties' jurisdictions;
NOW, THEREFORE, in consideration of the mutual benefits that will inure to the
public and the Parties, and the mutual covenants by and between each of the Parties, it is agreed
as follows:
1. Establishment of RHMAEC. The Regional Hazardous Materials Association of Eagle
County ("RHMAEC") is hereby established as a separate governmental entity, in accordance
with Section 18 (2) (a) and (2) (b) of Article XIV of the Colorado Constitution and Section 29-1-
201, et seq., C.R.S.
2. Purpose. This IGA is entered into for the express purpose of creating RHMAEC and the
mutual cooperation between the RHMAEC Members for hazardous substance response planning,
and in the event of the occurrence of hazardous substance incidents it is intended to provide for
the planning and initial emergency action necessary to minimize the effects of the hazardous
substance incidents under Article 22 of Title 29, C.R.S. (DERA function). The Operational
Members have entered into this IGA and agree to participate in RHMAEC in reliance upon the
rights, obligations and immunities conferred upon them by these statutes and the provisions of
the Colorado Governmental Immunities Act at C.R.S. § 24-10-101, et seq. In pursuing its DERA
support functions, RHMAEC shall exist for the purposes of coordinated planning, information
management and reporting, training, education, coordination, rapid deployment of qualified
personnel and proper equipment for pre- and initial hazardous substance emergency action and
the financial management necessary to achieve the purposes of the IGA and minimize the effects
of hazardous substance incidents within Eagle County. This IGA is not intended to, nor shall it
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be construed to, affect or extend the legal responsibilities of any RHMAEC Member except as
expressly provided herein; create or extend any legal rights to any person from any RHMAEC
Member that do not otherwise exist in the absence of this IGA; or, to waive any claims which
may arise as a result of a hazardous materials incident, including claims for reimbursement from
persons responsible for hazardous substance incident or from any emergency response funds
created under state or federal law.
3. Definitions. As used herein the terms "hazardous material incident" and "hazardous
substance incident" shall be synonymous and shall have the same meaning as provided in
Section 29-22-101(2), C.R.S., as amended from time to time.
4. RHMAEC Members. There shall be two categories of RHMAEC Members.
A. Operational Members. Parties to this IGA shall be Operational Members of
RHMAEC. Each Operational Member shall name one primary representative as a full
voting member of the Board of Directors of RHMAEC. Each Operational Member may
also designate an alternate for the purpose of attending meetings and voting in the
absence of the designated primary representative. Operational Member representatives
shall comprise the RHMAEC Board of Directors.
B. Advisory Members. All other members of RHMAEC shall be designated as
Advisory Members; RHMAEC shall include representatives ("Advisory Members") from
interested or involved groups as such representatives are available. A representative from
the Eagle County Local Emergency Planning Committee is encouraged to be involved as
member at this level.
5. Board of Directors. A Board of Directors consisting of the designated primary
representatives of the Operational Members shall govern the business and affairs of RHMAEC
(the "RHMAEC Board of Directors"). Officers of RHMAEC shall be elected from among the
Operational Members' primary representatives or in the case when no Operational Member is
available to fill the role of Secretary a representative of the Advisory Members may be appointed
to the position of Secretary by a majority of the Board, as provided in the Bylaws. The elected
Treasurer of RHMAEC shall have the primary responsibility of ensuring proper management of
the financial resources of RHMAEC with oversight by the RHMAEC Board of Directors as
further provided in the Bylaws;
6. Bylaws. The RHMAEC Board of Directors shall, by two-thirds (2/3) vote, enact and
from time to time amend bylaws ("Bylaws") to govern the organization and operation of
RHMAEC.
8. DERA Responsibilities. Nothing in this IGA shall be deemed to alter the authority of any
existing DERA pursuant to Section 29-22-102(3), C.R.S., except for coordination of cost
reimbursement as described herein. A response by RHMAEC team(s) and equipment to a
hazardous substance incident under this IGA shall be under the operational control of the DERA,
and shall not alter the responsibility of the DERA in whose jurisdiction the incident occurs to
command the response. All Parties hereto hereby delegate to RHMAEC their DERA authority to
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seek cost reimbursement for hazardous substance incidents involving a response by RHMAEC
teams or equipment.
9. Cost Reimbursement. Whenever a response to a hazardous substance incident involves
RHMAEC team(s) or equipment, the Parties agree that RHMAEC shall function as coordinator
of claims for reimbursement of costs incurred by all responding RHMAEC Members (including
the DERA). The RHMAEC Board of Directors shall adopt procedures for preparing and
submitting requests for cost reimbursement and allocation of reimbursement revenue. In
conjunction with these policies RHMAEC Members will use their previously approved
Cooperator Resource Rate Forms (CRRF) outlined through the Colorado State Forest Service
(CSFS) for all billing. The RHMAEC shall timely submit the coordinated claim on behalf of
itself, the DERA and the responding RHMAEC Members. Should such reimbursement proceeds
be less than the total costs of all RHMAEC Members (including the DERA) involved in the
incident response, reimbursement to all such RHMAEC Members (including the DERA) shall be
reduced in a proportionate manner. Unreimbursed costs incurred by RHMAEC team(s) or
equipment shall be absorbed by the RHMAEC Members involved in the incident. Any
reimbursement of costs coordinated by RHMAEC shall follow the rules for reimbursement
("Rules") as promulgated by Colorado Department of Public Safety pursuant to Section 29-22-
104 (6)(a), C.R.S. Claims for reimbursement shall be submitted to RHMAEC within 24 days
following the date the incident scene is declared safe by the DERA. All Parties to this IGA and
all Advisory Members, by participating in RHMAEC waive any rights to seek reimbursement for
an incident for which RHMAEC has been delegated reimbursement authority, except through
RHMAEC, and authorize RHMAEC to settle and compromise any claim for reimbursement
following procedures adopted by the RHMAEC Board of Directors.
10. Response Area. It is the intent of the Parties that the primary response area of RHMAEC
shall be limited to Eagle County. Upon written agreement signed by two-thirds (2/3) of the
RHMAEC Board of Directors, RHMAEC may enter into agreements to provide assistance
outside Eagle County upon request.
11. RHMAEC Response. Whenever the DERA determines that a hazardous substance
incident within its jurisdiction requires RHMAEC resources, a request for RHMAEC assistance
shall be made. Upon receiving a request for assistance, RHMAEC will provide the requested
resources to the location of the hazardous substance incident in accordance with RHMAEC
Policies and Best Practices. For the duration of the hazardous substance incident, the responding
RHMAEC Member personnel shall defer to the DERA for designation of Incident Commander.
12. Funding and Property. Operational Member contributions shall be determined by
agreement among the Parties for the initial funding in 2002. For each subsequent year,
Operational Membership contributions will be made on an annual basis and shall be proposed by
the RHMAEC Board of Directors. All budget proposals are subject to formal approval by the
governing body of each individual Operational Member. Operational member contributions will
be based upon a percentage of one quarter of one percent of the previous years' operating budget
of each Operational member excluding items listed in Exhibit A. The procedures for budgeting,
setting contributions and approvals by the governing body of each Operational Member shall be
detailed in the adopted Bylaws. It is the intent of the Parties that financial support of RHMAEC
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functions and equipment, as well as reliance on RHMAEC equipment and expertise, shall be
shared among the Parties.
13. Insurance. Each Party shall at its own expense, keep in full force and effect, during the
term of this IGA, general liability insurance coverage to protect against claims for bodily injury
and property damage arising out of the acts or omissions of their own employees or agency, and
liability insurance on any equipment or rolling stock they own or lease in accordance with the
Colorado Revised Statutes. Personal Liability and/or Public Officials insurance will be provided
by RHMAEC for all members of the RHMAEC Board of Directors.
14. Hazardous Substance Incident Response. It is anticipated that initial responses to
hazardous substance incidents shall be through the resources and equipment of the individual
Operational Members responding separately but acting in concert and cooperation. Operational
Members may request RHMAEC resources, which resources may consist of individuals from
various Operational Members and equipment funded by RHMAEC.
15. Employees of RHMAEC Members. When providing any services pursuant to this IGA,
including responding to a hazardous materials incident and providing services in furtherance of
the DERA under this IGA, employees of RHMAEC Members shall at all times remain and act as
employees of their respective RHMAEC Member, subject to the terms of this IGA. RHMAEC
Members shall remain responsible for the compensation, benefits and insurance of such
employees at all times.
16. Termination. Any Operational Member may terminate or withdraw from this
IGA for any or no reason upon ninety (90) days advance written notice to the RHMAEC Board
of Directors. Such written notice shall serve as a formal amendment to this IGAand negate the
need for further amendment. Any Operational Member choosing to withdraw from RHMAEC
shall be responsible for their annual contribution commitment after the start of each fiscal year.
Any dues, donations or other contributions owing at the time of withdrawal shall be paid prior to
withdrawal. Any Advisory Member may withdraw at any time upon written notice to the
RHMAEC Board of Directors, subject to the same reimbursement rights and obligations. Upon
withdrawal from RHMAEC, the Operational Member shall surrender all critical items such as
gas detectors and hazmat suits, unless a written request to retain said equipment has been
submitted and approved by the RHMAEC Board of Directors.
17. Additional Operational Members. Agencies desiring to join RHMAEC as Operational
Members subsequent to its organization shall execute a copy of this IGA and a separate
agreement with the RHMAEC Board of Directors that adheres to the policies and principles
herein, and pay accumulated dues, capital contributions or other assessments as determined at the
discretion of the RHMAEC Board of Directors. Such agreements related to joining RHMAEC as
an Operational Member shall be approved by a majority vote of the RHMAEC Board of
Directors. Upon delegation of an Operational Member's DERA authority to another entity, such
entity shall become an Operation Member upon executing such agreements and approval by the
RHMAEC Board of Directors.
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18. Governmental Immunity. Nothing in this IGA shall be construed as a waiver of the
limitations on damages, or as a waiver of the privileges, immunities, or defenses provided to, or
enjoyed by, any of the RHMAEC Members under common law or pursuant to statute including,
but not limited to, the Colorado Governmental Immunity Act, Section 24-10-101, et seq., C.R.S.
and Sections 24-32-2604, et seq., C.R.S.
19. Worker Compensation and Pension Benefits. Pursuant to Sections 29-5-109, and 29-5-
110, C.R.S., and this IGA, if any personnel of a responding RHMAEC Member is injured,
disabled, or dies as a result of performing services within the boundaries of another jurisdiction,
said individual shall remain covered by, and eligible for, the workers' compensation and pension
benefits, including disability, death, and survivor benefits, to which the individual would
otherwise be entitled if the injury, disability, or death had occurred within the jurisdictional
boundaries of the responding RHMAEC Member.
20. Prior Agreements. The terms of this IGA shall supersede the terms of any pre-existing
agreements between RHMAEC Members regarding responses to hazardous substance incidents
and actions or responsibilities, except for incidents that do not require the assistance of other
RHMAEC Members or RHMAEC. This IGA shall not affect or supersede any other agreements,
including mutual aid agreements between RHMAEC Members.
21. Whole Agreement. This IGA embodies the whole agreement between the Parties
regarding responses to hazardous substance incidents and actions or responsibilities under
Emergency Planning and Community Right -to -Know Act, except for incidents that do not
require the assistance of other RHMAEC Members or RHMAEC, and there are no inducements,
promises, terms, conditions or other obligations made or entered into by the Parties other than
those contained herein.
22. Successors and Assigns. This IGA shall be binding upon the Parties hereto, their
respective successors or assigns, but may not be assigned by any Party without the express
written consent of the other Parties.
23. Severable. All terms contained in this IGA are severable and in the event that a court of
competent jurisdiction shall hold any of them invalid, this IGA shall be interpreted as if such
invalid term or condition is not contained herein.
24. Authorization. The signatories to this IGA affirm and warrant that they are fully
authorized to enter into and execute this IGA, and all necessary actions, notices, meetings and/or
hearings pursuant to any law required to authorize their execution of this IGA have been made.
25. Amendment. This IGA may be amended from time to time by written IGA duly
authorized by all the Parties to this IGA. No modification or waiver of this IGA or any covenant,
condition or provision contained herein shall be valid unless in writing and duly executed by all
Parties.
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26. No Third Party Beneficiaries. This IGA does not and shall not be deemed to confer upon
or grant to any third party any right enforceable at law or equity arising out of any term,
covenant, or condition herein or the breach thereof.
27. Recording. This IGA, or a memorandum of this IGA, may be recorded in the records of
the Eagle County Clerk and Recorder.
28. Effective Date. This IGA shall be effective upon approval by each of the
Operational Members named herein, as evidenced by such duly passed resolution, ordinance or
other appropriate authorization of each, and the execution of this IGA by the Operational
Members' authorized representatives.
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WHEREFORE, the duly authorized representatives of Operational Members hereto
have executed this Reciprocal Hazardous Material Incident Intergovernmental Agreement
effective as of the date and year first written above.
6/28/2018
Eagle River Fire Protection District Date
Greater Eagle Fire Protection District Date
Gypsum Fire Protection District Date
Eagle County Sheriff Date
TOWN OF VAIL
By:
Date:
Attest:
Town Clerk
Mayor
COUNTY OF EAGLE, STATE OF
COLORADO, by its Board of County Commissioners
By:
Chair
Date:
ATTEST:
Clerk to the Board
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EXHIBIT A
The following items shall be excluded when determining individual Operational Member contributions to
the RHMAEC budget:
• HR
• Finance
• Legal
• Payroll Services
• Treasurer
• Capital
• Cash Balance
• Board of Director Fees
• Elections
• Debt Service
• Information Technology
• Grants
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