HomeMy WebLinkAbout2019-02 IGA creating the Eagle Valley Fire Cooperative RESOLUTION NO. 2
Series of 2019
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
CREATING THE EAGLE VALLEY FIRE COOPERATIVE
WHEREAS, the Gypsum Fire Protection District, Greater Eagle Fire Protection District,
and Eagle River Fire Protection (the "Districts") are districts are organized and operated pursuant
to the provisions of Article 1, Title 32, C.R.S., to provide fire protection services within the
jurisdictional boundaries of the Districts, which boundaries are located within Eagle County,
Colorado;
WHEREAS, the Town of Vail is a home rule municipality and political subdivision of
the State of Colorado operating pursuant to Article XX of the Colorado Constitution and
providing fire protection services within the jurisdictional boundaries of the Town within Eagle
County, Colorado;
WHEREAS, the Town and the Districts see a present opportunity to create a
collaborative, integrated system of fire protection that is dedicated to reducing community risk
through dynamic community risk mitigation and the consistent delivery of an effective response
force, built upon the efficient use of public resources;
WHEREAS, pursuant to part 2 of article 1 of title 29, C.R.S., the Town and the Districts
desire to establish an agreement (the "IGA") to provide for a collaborative, integrated system of
fire protection within the Eagle Valley; and
WHEREAS, the Town Council's approval of this Resolution 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 Town Council hereby approves the IGA and authorizes the Town
Manager to enter into the IGA 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 meeting of the Town Council of
the Town of Vail held this 8th day of January 2019.
(441:
gave Chapi ,
< Town Mayor
ATTEST:
a umy agel,
Town Clerk
INTERGOVERNMENTAL AGREEMENT CREATING
THE EAGLE VALLEY FIRE COOPERATIVE
BETWEEN
GYPSUM FIRE PROTECTION DISTRICT
AND
GREATER EAGLE FIRE PROTECTION DISTRICT
AND
EAGLE RIVER FIRE PROTECTION DISTRICT
AND
TOWN OF VAIL
This Intergovernmental Agreement Creating the Eagle Valley Fire Cooperative
("Agreement") is executed this day of , 2018, by GYPSUM FIRE
PROTECTION DISTRICT, GREATER EAGLE FIRE PROTECTION DISTRICT,
AND EAGLE RIVER FIRE PROTECTION DISTRICT, quasi-municipal
corporations and political subdivisions of the State of Colorado ("Districts") and the
TOWN OF VAIL, a home rule town under the Colorado Constitution and a political
subdivision of the State of Colorado ("Town") (Districts and Town being singularly
referred to as "Party" or"Participating Agency" and jointly referred to as "Parties" or
"Participating Agencies").
RECITALS
A. WHEREAS, the Districts are organized and operated pursuant to the
provisions of Article 1, Title 32, C.R.S., to provide fire protection services within the
jurisdictional boundaries of the Districts, which boundaries are located within Eagle
County, Colorado; and
B. WHEREAS, the Town is a home rule Town and political subdivision of the
State of Colorado operating pursuant to Article XX of the Colorado Constitution and
providing fire protection services within the jurisdictional boundaries of the Town within
Eagle County, Colorado; and
C. WHEREAS, the Parties see a present opportunity to create a collaborative,
integrated system of fire protection that is dedicated to reducing community risk through
dynamic community risk mitigation and the consistent delivery of an effective response
force, built upon the efficient use of public resources; and
D. WHEREAS, this opportunity derives from the intersection of several
conditions, including an unprecedented level of interagency cooperation, and predictions
of continued growth and development within the Eagle Valley; and
{00639812.DOCX/2)
E. WHEREAS, the Parties recognize the imperative of interagency
interoperability to the safety, effectiveness and efficiency of the Eagle Valley's system of
fire protection; and
F. WHEREAS, the Parties desire to match emergency service to community
risk, and recognize that no single agency possess the necessary resources to meet the
ever-changing and often expanding needs for reducing community risk through
prevention and response; and
G. WHEREAS, the Parties recognize that the ability to provide an effective
response force—the number of personnel, and number and type of resources, required to
stop the progression of an emergency event—relies heavily on interagency integration;
and
H. WHEREAS, integration depends upon the degree to which the participating
agencies interoperate, and the individual response systems of the participating agencies
must work reliability together, regardless of incident type, and the same can be said of
community risk reduction; and
I. WHEREAS, under part 2 of article 1 of title 29, C.R.S., the Parties desire to
establish an Agreement to provide for a collaborative, integrated system of fire protection
within the Eagle Valley; and
J. WHEREAS, establishment of the 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 above recitals, the mutual
covenants contained herein and other good and valuable consideration, the receipt and
sufficiency of which are hereby mutually acknowledged, the Parties agree as follows:
AGREEMENT
1. Creation of Eagle Valley Fire Cooperative ("Cooperative"). The Parties
agree to form the Cooperative as the strategy by which to:
(a) Pursue the goals of collectively matching service to risk;
(b) Ensuring mutual benefit; and
(c) Enhancing interagency integration with respect to community risk
reduction and emergency response.
(00639812.DOCX/2 ) 2
2. Purpose of Cooperative. The purpose of the Cooperative is to
collaboratively match service to risk within the boundaries of the Parties, as
the Cooperative's participating agencies.
3. Ethos of Cooperative. The ethos of the Cooperative is:
(a) Mutual; effective; efficient.
(b) Mutual means that agency participation in the Cooperative should
benefit taxpayers, firefighters and the fire service organization, itself.
(c) Effective means that agency participation in the Cooperative should
result in a measurable decrease in either the incidence or
consequence of emergency events, or an improved ability to stop
their progression.
(d) Efficient means that agency participation in the Cooperative should
result in an enhance ability to provide exceptional service
commensurate with community risk through the responsible use of
public resources.
4. Eagle Valley Fire Chiefs as Board of Cooperative. The Fire Chiefs of
Gypsum Fire Protection District, Greater Eagle Fire Protection District,
Eagle River Fire Protection District, and Vail Fire and Emergency Services
shall be the Board of Directors of the Cooperative. The Board shall have
responsibility for managing and directing the Co-Op including:
(a) Establishing goals and objectives;
(b) Determining priorities for joint training, making recommendations to
the Parties on the funding of a joint training program by the Parties,
and approving an annual joint training plan by November 30 of each
year;
(c) Coordinating joint purchasing;
(d) Creating, managing, and hiring staff to support other joint functions,
including,joint wildland, technical rescue, and other special
operations programs, and approving annual operational plans for
such special operations, if created.
5. Operating Principles of Cooperative. The Cooperative shall have the
following operating principles:
100639812.DOCX/2} 3
(a) Participating Agencies will rely on this Agreement and other
intergovernmental agreements entered into by the Parties under this
Agreement to define and govern matters requiring joint decision-
making, including procedures for ensuring joint decision-making,
levels of decision-making authority, and processes for reporting to
respective governing bodies (e.g. fire boards, town councils), or their
designees; and any other subjects deemed necessary by the
governing bodies of the Participating Agencies;
(b) Mutuality will take precedence over the pursuit of effectiveness and
efficiency. While an initiative of the Cooperative may not directly,
simultaneously, or immediately benefit all Participating Agencies or
their taxpayers and firefighters, no initiative should constitute an
immediate or foreseeable detriment to a Participating Agency, its
taxpayers or firefighters; and
(c) Effectiveness will take precedence over the pursuit of efficiency.
Effectiveness measures the distance between actual and desired
outcomes, while efficiency describes the amount and variety of
effort required to achieve an outcome. In order to avoid the creation
of an efficiently ineffective cooperative, the Cooperative will
consistently ask of its Participating Agencies how they might
collectively meet desired outcomes at less cost or through decreased
effort.
6. Creation of Cost-Sharing Agreements. The Parties recognize that
initiatives of the Cooperative will require creation of cost-sharing
agreements among the Parties. The Participating Agencies acknowledge
that no Participating Agency can commit the financial resources of another
without approval by the affected Participating Agency's governing body.
Recognizing the variety in the types of contribution to inter-operability that
each Participating Agency might provide, cost sharing agreements may
include monetary exchange, or an exchange of equivalent value, provided
all such cost-sharing arrangements receive prior approval by the affected
governing bodies. All cost-sharing agreements, regardless of nature, will
become memorialized in an intergovernmental agreement.
7. Single Custodian of Records of Cooperative. To ensure each Participating
Agency has unhindered access to authoritative information, the
Participating Agencies will agree on a single custodian of records to
maintain documents related to the development and function of the
Cooperative.
{006398 I 2 DOCX/2} 4
8. Specific Direction on Joint Training Program. Because the consistent
provision of an effective response force starts with comprehensive,
consistent, and collaborative training, the joint training program will
initially focus on the following:
(a) Creating opportunities for interagency and multi-company level
training, providing both didactic and skill-based training that fulfills
the intent of enhancing interoperability between the Participating
Agencies. Training needs specific to individual Participating
Agencies (e.g.job performance requirements constituting minimum
proficiencies according to the National Fire Protection Association),
certification administration, and credentialing will remain the
province of the individual Participating Agency.
(b) Participating Agencies will use the Eagle County Fire Chiefs
Association ("ECFCA") as the forum for determining priorities and
areas of emphasis for interagency and multi-company level training,
with recommendations from the Joint Training Officers Association
("JTOA");
(c) A Training Coordinator will lead the JTOA in developing its
recommendations to the ECFCA and implement the training
priorities as agreed upon by the Participating Agencies;
(d) To ensure unity of command, the Training Coordinator, and any
staff in support of the Training Coordinator, will remain the
exclusive employees of one (and the same) of the Participating
Agencies. However, the Training Coordinator will implement
training priorities and areas of emphasis as agreed to by the
Participating Agencies.
(e) Participating Agencies will memorialize from time to time, in an
Addendum to this Agreement, the process for determining training
priorities and associated training programs, and the means by which
they will share associated costs, including the training coordinator
and support staff, if any.
9. Specific Direction on Joint Purchasing. To the greatest extent possible,
Participating Agencies will seek opportunities to purchase equipment and
services collectively. Recognizing the differing needs of Participating
Agencies, efforts to promote collective purchasing will not oblige another
Participating Agency to purchase equipment concurrently; rather, the
Participating Agencies will pursue potential cost-saving measures as group
contracts, consolidation of shared services (e.g. equipment testing, repair
4 {00639812.DOCX/2 } 5
and maintenance), and equipment specification. The Participating
Agencies will establish a task force, comprised of representatives from each
Participating Agency, to vet potential opportunities for joint purchasing.
10. Specific Direction on Visioning. Though the Cooperative will initially
focus on the first two initiatives of creating joint training and purchasing
programs, the Participating Agencies may consider pursuing future, equally
collaborative efforts. For as much as these initiatives promote the ethos of
mutual, effective and efficient, so could such additional collaborative
efforts as:
(a) Special Operations;
(b) Wildland;
(c) Technical Rescue;
(d) Prevention and Community Risk Reduction;
(e) Fire Investigation;
(f) A collaborative, regional approach to recruitment and retention
programs could assist in promoting long-term stability by
encouraging individuals desirous of living or working in the Eagle
Valley to more clearly see a pathway toward a career in the Eagle
Valley's fire service. Such efforts could include a joint explorer
program and a regionalized training academy. A regional training
academy could also include the agencies of Summit and Lake
Counties, helping all of the Participating Agencies by pooling
sufficient numbers of recruits into class sizes suitable for fire
academy settings.
11. Workers' Compensation and Other Insurance Coverage. Each Participating
Agency shall bear the cost of workers' compensation and other insurance
coverage for employees of Participating Agencies participating in
Cooperative activities.
12. Term and Termination. 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 in perpetuity;
provided, however, that in the event a Participating Agency fails to make an
annual appropriation of funds necessary for it to perform its obligations
hereunder, the Participating Agency may terminate its participation in this
Agreement upon prompt notice to each of the other Participating Agencies
with such termination to be effective as of the last day of the then-current
B (00639812.DOCX/2 1 6
year. Additionally, any Participating Agency may terminate its
participation in this Agreement upon thirty (30) days written notice to the
all of the other Parties for any reason or no reason.
13. 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 addresses listed by the signatures below or as otherwise modified
pursuant to this Section.
14. Amendments. This Agreement may be amended only by written document
signed by the Parties.
15. 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 affected thereby.
16. Waiver. The waiver by any Party of any breach by any other Party of any
term, covenant or condition contained in this Agreement shall not be
deemed to be a waiver of any subsequent breach of the same or other term,
covenant, or condition.
17. Entire Agreement. This Agreement embodies the complete agreement
between the Parties regarding the subject matter herein and supersedes all
prior agreements and understandings, if any.
18. Section Headings. The section headings in this Agreement are inserted for
convenience and are not intended to indicate completely or accurately the
contents of the sections they introduce and shall have no bearing on the
construction of the sections they introduce.
19. No Third-Party Beneficiaries. The Parties to this Agreement do not intend
to benefit any person not a party to this Agreement. No person or entity,
other than the Parties to his Agreement, shall have any right, legal or
equitable, to enforce any provision of this Agreement.
20. Duly Authorized Signatories. By execution of this Agreement, the
undersigned each individually represent that he or she is duly authorized to
execute and deliver this Agreement and that the subject Party shall be
bound by the signatory's execution of this Agreement.
{00639812.DOCX/2} 7
21. Counterparts, Electronic Signatures and Electronic Records. This
Agreement may be executed in two counterparts, each of which shall be an
original, but all of which, together, shall constitute one and the same
instrument. The Parties consent to the use of electronic signatures and
agree that the transaction may be conducted electronically pursuant to the
Uniform Electronic Transactions Act, § 24-71.3-101, et seq., C.R.S. The
Agreement and any other documents requiring a signature may be signed
electronically by each Party. The Parties agree not to deny the legal effect
or enforceability of the Agreement, solely because it is in electronic form or
because an electronic record was used in its formation. The Parties agree
not to object to the admissibility of the Agreement in the form of an
electronic record, a paper copy of an electronic document, or a paper copy
of a document bearing an electronic signature on the grounds that it is an
electronic record or an electronic signature or that it is not in its original
form or is not an original.
EXECUTED as of the date first written above.
GYPSUM FIRE PROTECTION DISTRICT, a
quasi-municipal corporation and political
subdivision of the State of Colorado
By
, Chairman
Address:
Attest:
, Secretary
GREATER EAGLE FIRE PROTECTION
DISTRICT, a quasi-municipal corporation and
political subdivision of the State of Colorado
By
, Chairman
{00639812.DOCX/2 } 8
Address:
Attest:
, Secretary
EAGLE RIVER FIRE PROTECTION
DISTRICT, a quasi-municipal corporation and
political subdivision of the State of Colorado
By
, Chairman
Address:
Attest:
, Secretary
TOWN OF VAIL, a home rule town and
political subdivision of the State of Colorado
By
, Mayor
Address:
Attest:
, Town Clerk
{00639812.DOCX/2) 9
INTERGOVERNMENTAL AGREEMENT CREATING
THE EAGLE VALLEY FIRE COOPERATIVE
BETWEEN
GYPSUM FIRE PROTECTION DISTRICT
AND
GREATER EAGLE FIRE PROTECTION DISTRICT
AND
EAGLE RIVER FIRE PROTECTION DISTRICT
AND
TOWN OF VAIL
This Intergovernmental Agreement Creating the Eagle Valley Fire Cooperative
("Agreement") is executed this day of , 2018, by GYPSUM FIRE
PROTECTION DISTRICT, GREATER EAGLE FIRE PROTECTION DISTRICT,
AND EAGLE RIVER FIRE PROTECTION DISTRICT, quasi-municipal
corporations and political subdivisions of the State of Colorado ("Districts") and the
TOWN OF VAIL, a home rule town under the Colorado Constitution and a political
subdivision of the State of Colorado ("Town") (Districts and Town being singularly
referred to as "Party" or"Participating Agency" and jointly referred to as "Parties" or
"Participating Agencies").
RECITALS
A. WHEREAS, the Districts are organized and operated pursuant to the
provisions of Article 1, Title 32, C.R.S., to provide fire protection services within the
jurisdictional boundaries of the Districts, which boundaries are located within Eagle
County, Colorado; and
B. WHEREAS, the Town is a home rule Town and political subdivision of the
State of Colorado operating pursuant to Article XX of the Colorado Constitution and
providing fire protection services within the jurisdictional boundaries of the Town within
Eagle County, Colorado; and
C. WHEREAS, the Parties see a present opportunity to create a collaborative,
integrated system of fire protection that is dedicated to reducing community risk through
dynamic community risk mitigation and the consistent delivery of an effective response
force, built upon the efficient use of public resources; and
D. WHEREAS, this opportunity derives from the intersection of several
conditions, including an unprecedented level of interagency cooperation, and predictions
of continued growth and development within the Eagle Valley; and
(00639812.DOCX/2}
E. WHEREAS, the Parties recognize the imperative of interagency
interoperability to the safety, effectiveness and efficiency of the Eagle Valley's system of
fire protection; and
F. WHEREAS, the Parties desire to match emergency service to community
risk, and recognize that no single agency possess the necessary resources to meet the
ever-changing and often expanding needs for reducing community risk through
prevention and response; and
G. WHEREAS, the Parties recognize that the ability to provide an effective
response force—the number of personnel, and number and type of resources, required to
stop the progression of an emergency event—relies heavily on interagency integration;
and
H. WHEREAS, integration depends upon the degree to which the participating
agencies interoperate, and the individual response systems of the participating agencies
must work reliability together, regardless of incident type, and the same can be said of
community risk reduction; and
I. WHEREAS, under part 2 of article 1 of title 29, C.R.S., the Parties desire to
establish an Agreement to provide for a collaborative, integrated system of fire protection
within the Eagle Valley; and
J. WHEREAS, establishment of the 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 above recitals, the mutual
covenants contained herein and other good and valuable consideration, the receipt and
sufficiency of which are hereby mutually acknowledged, the Parties agree as follows:
AGREEMENT
1. Creation of Eagle Valley Fire Cooperative ("Cooperative"). The Parties
agree to form the Cooperative_as the strategy by which to:
(a) Pursue the goals of collectively matching service to risk;
(b) Ensuring mutual benefit; and
(c) Enhancing interagency integration with respect to community risk
reduction and emergency response.
{00639812.DOCX/2) 2
2. Purpose of Cooperative. The purpose of the Cooperative is to
collaboratively match service to risk within the boundaries of the Parties, as
the Cooperative's participating agencies.
3. Ethos of Cooperative. The ethos of the Cooperative is:
(a) Mutual; effective; efficient.
(b) Mutual means that agency participation in the Cooperative should
benefit taxpayers, firefighters and the fire service organization, itself.
(c) Effective means that agency participation in the Cooperative should
result in a measurable decrease in either the incidence or
consequence of emergency events, or an improved ability to stop
their progression.
(d) Efficient means that agency participation in the Cooperative should
result in an enhance ability to provide exceptional service
commensurate with community risk through the responsible use of
public resources.
4. Eagle Valley Fire Chiefs as Board of Cooperative. The Fire Chiefs of
Gypsum Fire Protection District, Greater Eagle Fire Protection District,
Eagle River Fire Protection District, and Vail Fire and Emergency Services
shall be the Board of Directors of the Cooperative. The Board shall have
responsibility for managing and directing the Co-Op including:
(a) Establishing goals and objectives;
(b) Determining priorities for joint training, making recommendations to
the Parties on the funding of a joint training program by the Parties,
and approving an annual joint training plan by November 30 of each
year;
(c) Coordinating joint purchasing;
(d) Creating, managing, and hiring staff to support other joint functions,
including,joint wildland, technical rescue, and other special
operations programs, and approving annual operational plans for
such special operations, if created.
5. Operating Principles of Cooperative. The Cooperative shall have the
following operating principles:
{00639812.DOCX/2 } 3
(a) Participating Agencies will rely on this Agreement and other
intergovernmental agreements entered into by the Parties under this
Agreement to define and govern matters requiring joint decision-
making, including procedures for ensuring joint decision-making,
levels of decision-making authority, and processes for reporting to
respective governing bodies (e.g. fire boards, town councils), or their
designees; and any other subjects deemed necessary by the
governing bodies of the Participating Agencies;
(b) Mutuality will take precedence over the pursuit of effectiveness and
efficiency. While an initiative of the Cooperative may not directly,
simultaneously, or immediately benefit all Participating Agencies or
their taxpayers and firefighters, no initiative should constitute an
immediate or foreseeable detriment to a Participating Agency, its
taxpayers or firefighters; and
(c) Effectiveness will take precedence over the pursuit of efficiency.
Effectiveness measures the distance between actual and desired
outcomes, while efficiency describes the amount and variety of
effort required to achieve an outcome. In order to avoid the creation
of an efficiently ineffective cooperative, the Cooperative will
consistently ask of its Participating Agencies how they might
collectively meet desired outcomes at less cost or through decreased
effort.
6. Creation of Cost-Sharing Agreements. The Parties recognize that
initiatives of the Cooperative will require creation of cost-sharing
agreements among the Parties. The Participating Agencies acknowledge
that no Participating Agency can commit the financial resources of another
without approval by the affected Participating Agency's governing body.
Recognizing the variety in the types of contribution to inter-operability that
each Participating Agency might provide, cost sharing agreements may
include monetary exchange, or an exchange of equivalent value, provided
all such cost-sharing arrangements receive prior approval by the affected
governing bodies. All cost-sharing agreements, regardless of nature, will
become memorialized in an intergovernmental agreement.
7. Single Custodian of Records of Cooperative. To ensure each Participating
Agency has unhindered access to authoritative information, the
Participating Agencies will agree on a single custodian of records to
maintain documents related to the development and function of the
Cooperative.
{00639812.DOCX/2} 4
8. Specific Direction on Joint Training Program. Because the consistent
provision of an effective response force starts with comprehensive,
consistent, and collaborative training, the joint training program will
initially focus on the following:
(a) Creating opportunities for interagency and multi-company level
training, providing both didactic and skill-based training that fulfills
the intent of enhancing interoperability between the Participating
Agencies. Training needs specific to individual Participating
Agencies (e.g.job performance requirements constituting minimum
proficiencies according to the National Fire Protection Association),
certification administration, and credentialing will remain the
province of the individual Participating Agency.
(b) Participating Agencies will use the Eagle County Fire Chiefs
Association ("ECFCA") as the forum for determining priorities and
areas of emphasis for interagency and multi-company level training,
with recommendations from the Joint Training Officers Association
("JTOA");
(c) A Training Coordinator will lead the JTOA in developing its
recommendations to the ECFCA and implement the training
priorities as agreed upon by the Participating Agencies;
(d) To ensure unity of command, the Training Coordinator, and any
staff in support of the Training Coordinator, will remain the
exclusive employees of one (and the same) of the Participating
Agencies. However, the Training Coordinator will implement
training priorities and areas of emphasis as agreed to by the
Participating Agencies.
(e) Participating Agencies will memorialize from time to time, in an
Addendum to this Agreement, the process for determining training
priorities and associated training programs, and the means by which
they will share associated costs, including the training coordinator
and support staff, if any.
9. Specific Direction on Joint Purchasing. To the greatest extent possible,
Participating Agencies will seek opportunities to purchase equipment and
services collectively. Recognizing the differing needs of Participating
Agencies, efforts to promote collective purchasing will not oblige another
Participating Agency to purchase equipment concurrently; rather, the
Participating Agencies will pursue potential cost-saving measures as group
contracts, consolidation of shared services (e.g. equipment testing, repair
{00639812.DOCX/2} 5
and maintenance), and equipment specification. The Participating
Agencies will establish a task force, comprised of representatives from each
Participating Agency, to vet potential opportunities for joint purchasing.
10. Specific Direction on Visioning. Though the Cooperative will initially
focus on the first two initiatives of creating joint training and purchasing
programs, the Participating Agencies may consider pursuing future, equally
collaborative efforts. For as much as these initiatives promote the ethos of
mutual, effective and efficient, so could such additional collaborative
efforts as:
(a) Special Operations;
(b) Wildland;
(c) Technical Rescue;
(d) Prevention and Community Risk Reduction;
(e) Fire Investigation;
(f) A collaborative, regional approach to recruitment and retention
programs could assist in promoting long-term stability by
encouraging individuals desirous of living or working in the Eagle
Valley to more clearly see a pathway toward a career in the Eagle
Valley's fire service. Such efforts could include a joint explorer
program and a regionalized training academy. A regional training
academy could also include the agencies of Summit and Lake
Counties, helping all of the Participating Agencies by pooling
sufficient numbers of recruits into class sizes suitable for fire
academy settings.
11. Workers' Compensation and Other Insurance Coverage. Each Participating
Agency shall bear the cost of workers' compensation and other insurance
coverage for employees of Participating Agencies participating in
Cooperative activities.
12. Term and Termination. 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 in perpetuity;
provided, however, that in the event a Participating Agency fails to make an
annual appropriation of funds necessary for it to perform its obligations
hereunder, the Participating Agency may terminate its participation in this
Agreement upon prompt notice to each of the other Participating Agencies
with such termination to be effective as of the last day of the then-current
B {00639812.DOCX/2} 6
year. Additionally, any Participating Agency may terminate its
participation in this Agreement upon thirty (30) days written notice to the
all of the other Parties for any reason or no reason.
13. 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 addresses listed by the signatures below or as otherwise modified
pursuant to this Section.
14. Amendments. This Agreement may be amended only by written document
signed by the Parties.
15. 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 affected thereby.
16. Waiver. The waiver by any Party of any breach by any other Party of any
term, covenant or condition contained in this Agreement shall not be
deemed to be a waiver of any subsequent breach of the same or other term,
covenant, or condition.
17. Entire Agreement. This Agreement embodies the complete agreement
between the Parties regarding the subject matter herein and supersedes all
prior agreements and understandings, if any.
18. Section Headings. The section headings in this Agreement are inserted for
convenience and are not intended to indicate completely or accurately the
contents of the sections they introduce and shall have no bearing on the
construction of the sections they introduce.
19. No Third-Party Beneficiaries. The Parties to this Agreement do not intend
to benefit any person not a party to this Agreement. No person or entity,
other than the Parties to his Agreement, shall have any right, legal or
equitable, to enforce any provision of this Agreement.
20. Duly Authorized Signatories. By execution of this Agreement, the
undersigned each individually represent that he or she is duly authorized to
execute and deliver this Agreement and that the subject Party shall be
bound by the signatory's execution of this Agreement.
{00639812.DOCX/2} 7
21. Counterparts, Electronic Signatures and Electronic Records. This
Agreement may be executed in two counterparts, each of which shall be an
original, but all of which, together, shall constitute one and the same
instrument. The Parties consent to the use of electronic signatures and
agree that the transaction may be conducted electronically pursuant to the
Uniform Electronic Transactions Act, § 24-71.3-101, et seq., C.R.S. The
Agreement and any other documents requiring a signature may be signed
electronically by each Party. The Parties agree not to deny the legal effect
or enforceability of the Agreement, solely because it is in electronic form or
because an electronic record was used in its formation. The Parties agree
not to object to the admissibility of the Agreement in the form of an
electronic record, a paper copy of an electronic document, or a paper copy
of a document bearing an electronic signature on the grounds that it is an
electronic record or an electronic signature or that it is not in its original
form or is not an original.
EXECUTED as of the date first written above.
GYPSUM FIRE PROTECTION DISTRICT, a
quasi-municipal corporation and political
subdivision of the State of Colorado
By
, Chairman
Address:
Attest:
, Secretary
GREATER EAGLE FIRE PROTECTION
DISTRICT, a quasi-municipal corporation and
political subdivision of the State of Colorado
By
, Chairman
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Address:
Attest:
, Secretary
EAGLE RIVER FIRE PROTECTION
DISTRICT, a quasi-municipal corporation and
political subdivision of the State of Colorado
By
, Chairman
Address:
Attest:
, Secretary
TOWN OF VAIL, a home rule town and
political subdivision of the State of Colorado
By
, Mayor
Address:
Attest:
, Town Clerk
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