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HomeMy WebLinkAbout2021-22 Fire Mutual Aid1 RESOLUTION NO. _22_ SERIES 2021 A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR FIRE AND EMERGENCY MEDICAL SERVICES AUTOMATIC OR MUTUAL AID BETWEEN THE TOWN OF VAIL, THE EAGLE RIVER FIRE PROTECTION DISTRICT (THE “ERFPD”), THE GREATER EAGLE FIRE PROTECTION DISTRICT (THE “GEFPD”) AND THE GYPSUM FIRE PROTECTION DISTRICT (THE “GFPD”) WHEREAS, the Town of Vail, the ERFPD, the GEFPD, and the GFPD are neighboring jurisdictions that currently maintain and operate fire departments providing comprehensive fire suppression, fire prevention and emergency medical services to people and properties within their jurisdictions; WHEREAS, emergencies may arise in one or the other of the jurisdictions resulting in greater demands or intensity than the manpower or equipment of either party can separately handle; WHEREAS, it is the desire of the above-referenced parties to enter into the intergovernmental agreement, attached hereto as Exhibit A and incorporated herein by this reference (the “IGA”), to ensure that each party can provide an adequate response to any emergency situation within their jurisdiction; WHEREAS, intergovernmental agreements to provide the sharing of functions and services are specifically authorized by C.R.S. Section 29-1-203; and WHEREAS, the Town, the ERFPD, the GEFPD, and the GFPD have determined that it is in the best interest of the public that each serves 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 in substantially the same form as attached hereto as Exhibit A, and in a form approved by the Town Attorney, and authorizes the Town Manager to execute the IGA on behalf of the Town. 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 18th day of May 2021. 2 _________________________ Dave Chapin, Town Mayor ATTEST: _____________________________ Tammy Nagel, Town Clerk Page 1 of 7 {00816902.DOCX / 3 } AN INTERGOVERNMENTAL AGREEMENT FOR FIRE AND EMERGENCY MEDICAL SERVICES AUTOMATIC OR MUTUAL AID BETWEEN THE TOWN OF VAIL, THE EAGLE RIVER FIRE PROTECTION DISTRICT, THE GREATER EAGLE FIRE PROTECTION DISTRICT AND THE GYPSUM FIRE PROTECTION DISTRICT THIS AGREEMENT is made and entered into this ________day of _________________, 2021 by and between the Town of Vail, a Colorado home rule municipality ("TOV”), the Eagle River Fire Protection District, a quasi-municipal corporation and political subdivision of the State of Colorado ("ERFPD"), the Greater Eagle Fire Protection District, a quasi-municipal corporation and political subdivision of the State of Colorado (“GEFPD”), and the Gypsum Fire Protection District, a quasi-municipal corporation and political subdivision of the State of Colorado (“GFPD”). RECITALS WHEREAS, the TOV, ERFPD, GEFPD, and GFPD are neighboring jurisdictions that currently maintain and operate fire departments providing comprehensive fire suppression, fire prevention and emergency medical services to people and properties within their jurisdictions; and WHEREAS, emergencies may arise in one or the other of the jurisdictions resulting in greater demands or intensity than the manpower or equipment of either party can separately handle; and WHEREAS, it is the desire of all parties that they enter into agreements to ensure that each can provide adequate response to any emergency situation within their jurisdiction; and WHEREAS, intergovernmental agreements to provide the sharing of functions and services are specifically authorized by C.R.S. Section 29-1-203, WHEREAS, the TOV, ERFPD, GEFPD, and GFPD have determined that it is in their best interests to enter into this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants contained herein, the parties agree as follows: 1. Purpose. The purpose of this Agreement is to set forth the responsibilities of the TOV, ERFPD, GEFPD, and GFPD as regards to each party's provision of fire and emergency medical automatic aid services. 2. Provision of Automatic Aid and Response Area. Automatic Aid shall apply to all incidents requiring the need of a fire department, including, but not limited to, structure fires in residential, commercial, industrial and recreational properties, reported hazardous materials incidents and smoke or odor investigations in a structure, motor vehicle fires and crashes (with or without Page 2 of 7 {00816902.DOCX / 3 } injuries) and emergency medical services. The Automatic Aid applies to all emergency calls received by the Vail Public Safety Communications Center (VPSCC) for incidents occurring within the jurisdiction of the TOV, ERFPD, GEFPD or GFPD. The TOV, ERFPD, GEFPD and GFPD agree to operate under a closest forces, regardless of jurisdiction, concept. By mutual agreement, specific response zones, apparatus, or call types may be exempted from the closest forces concept. All parties shall be excused from providing such assistance if at the time of the request such party, in its sole discretion, determines that, because of an existing emergency or other unavailability of equipment, supplies, or personnel, it is unable to provide the requested assistance. 3. Provision of Mutual Aid and Response Area. Mutual Aid shall apply to all incidents requiring the need of a fire department, including, but not limited to, structure fires in residential, commercial, industrial and recreational properties, reported hazardous materials incidents and smoke or odor investigations in a structure, motor vehicle fires and crashes (with or without injuries) and emergency medical services where the first responder requests Mutual Aid from the other party. The Mutual Aid applies to all emergency calls received by the VPSCC for incidents occurring within the response area of the TOV, ERFPD, GEFPD and GFPD. Where assistance is requested by a jurisdiction, any party shall be excused from providing such assistance if at the time of the request such party, in its sole discretion, determines because of an existing emergency or other unavailability of equipment, supplies or personnel it is unable to provide the requested assistance. 4. Personnel and Equipment. The Fire Chiefs of the TOV, ERFPD, GEFPD, and GFPD shall establish a response plan regarding the deployment of personnel and equipment to emergency incidents under this Agreement. 5. Incident Command. The first arriving unit in response to any emergency will establish an incident command structure, including designation of an Incident Commander that is consistent with Standard Operating Procedures of a nationally accepted Incident Management System. All responding personnel will operate under the command structure and perform all required duties in assigned groups and/or divisions. If it becomes necessary to transfer incident command during an incident, command shall be transferred to the Authority Having Jurisdiction (AHJ). Each agency shall be responsible for completion of the reporting process in accordance with their department's policies. 6. Radio Communications. The TOV Fire Department, and the ERFPD, GEFPD, and GFPD shall operate on an 800 MHz radio system with compatible radio channels, or the VHF radio system with compatible radio channels. The-radio channel for any emergency response will be based upon the location and/or type incident. The channel assigned by the dispatch center will be utilized unless the Incident Commander selects to utilize another channel. All departments will follow established radio protocols. 7. Interdepartmental Training – Cooperation. The parties, through their respective fire chiefs, agree to create a schedule for joint training exercises between the stations most likely to provide services. The parties, through their respective fire chiefs, agree to periodically meet to review Page 3 of 7 {00816902.DOCX / 3 } procedures, equipment and operations. At a minimum, joint training shall be completed on a biannual basis. The TOV Fire, ERFPD, GEFPD and GFPD agree to cooperate in an annual evaluation of this Agreement in order to ensure that terms of the Agreement are providing an efficient enhancement of both parties' ability to protect lives and property. The parties agree to work diligently and cooperatively to correct any deficiencies noted in these meetings to deliver the best service to each agency within the means of each party. 8. Liability. Each party to this Agreement shall be an independent contractor. Neither party, nor such party's agents, officers, officials, or employees, shall be deemed to be an agent of the other party. Each party, to the extent permitted by law, waives all claims and causes of action against the other party for compensation, damages, personal injury or death that may result or occur as a consequence, direct or indirect, of the performance of this Agreement. The TOV, ERFPD, GEFPD, and GFPD are each responsiblefor theirown negligenceand that of their agents, officers, officials and employees to the extent provided in the Colorado Governmental Immunity Act, C.R.S. Section 24-10-101, et seq., ("CGIA"), as amended from time to time. Nothing in this Agreement shall be construed as a waiver of immunity or other liability limitations or protections provided by the CGIA or otherwise available at law, or as an assumption of any duty for the benefit of any third party. 9. Appropriations. Notwithstanding any provision of this Agreement to the contrary, the obligations of the parties under this Agreement shall extend only to the extent that monies are annually appropriated by each party's legislative body for the purposes of this Agreement. The TOV, ERFPD, GEFPD, and GFPD do not intend by this Agreement to irrevocably pledge present reserves for payment or services in future fiscal years, and this Agreement is not intended to create multiple fiscal year direct or indirect debt or financial obligation of the TOV, ERFPD, GEFPD, or GFPD. 10. Term and Termination. Any party may terminate its participation in this Agreement with or without cause by providing the other party sixty (60) days prior writtennotice. 11. Notices. Any notice, demand, or request pursuant to this Agreement shall be mailed or Page 4 of 7 {00816902.DOCX / 3 } personally served to the parties at the following addresses: Town of Vail Eagle River Fire Protection District Vail Fire Department Fire Chief, Karl Bauer Fire Chief,1050 Edwards Village Blvd. 75 S. Frontage Road Edwards, CO 81632 Vail, CO 81657 Greater Eagle Fire Protection District Fire Chief, Doug Cupp 425 East Third Street Eagle, CO 81631 Gypsum Fire Protection District Fire Chief, Justin Kirkland PO Box 243 Gypsum, CO 81637 12. Costs. Each party shall, at all times, be responsible for its own costs incurred in the performance of this Agreement, and shall not receive any reimbursement from any other party, except for third party reimbursement under the following paragraph herein below, from time to time, and as otherwise available at law. Each party agrees that, for each call occurring within its jurisdiction for which it has requested or received Automatic Aid, it will reasonably pursue any and all legal reimbursement possible, pursuant to state or federal laws, including, but not limited to, reimbursement for hazardous materials incidents occurring within its jurisdiction on behalf of all parties responding, and upon receipt of full or partial payment by the responsible entity, will distribute the reimbursement received in a fair and equitable manner to assisting parties based on their relative documented expenses for the involved accident. 13. General Conditions. a. Nothing contained in this Agreement, and no performance under this Agreement by personnel ofthe partieshereto,shall in any respect alter or modify the status of officers, agents, or employees of the respective parties for purposes of workers' compensation or their benefits or entitlements, pension, levels or types of training, internal discipline, certification, or rank procedures, methods or categories, or for any purpose, or condition, or requirement of employment. b. It is understood and agreed by the parties hereto that, if any part, term, or provision of this Agreement is by the courts held to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid. c. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the named parties hereto, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person or entity on such agreement. It is the express intention of the named parties that any person or entity other than the named parties receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. d. The parties are not obligated or liable under this Agreement to any party other than the Page 5 of 7 {00816902.DOCX / 3 } signatories hereto. Each party understands and agrees that it shall not assign or subcontract with respect to any of its rights, benefits, obligations or duties under this Agreement except upon prior written consent and approval of the other party, which consent or approval may be withheld in the absolute discretion of such other party; and, in the event any such assignment or subcontracting shall occur, such action shall not be construed to create any contractual relationship between any party and such assignee or subcontractor, and the assigning or subcontracting party shall remain fully responsible to the other party according to the terms of this Agreement. e. This Agreement constitutes the entire agreement between the parties and supersedes all other prior and contemporaneous agreements, representations, and understandings of the parties regarding the subject matter of this Agreement. Notwithstanding the foregoing, this Agreement does not supersede the Regional Mutual Aid Agreement made and entered into as of December 1, 2000 and the Intergovernmental Mutual Aid Assistance Agreement made and entered into on December 24, 2008. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by the parties. No representations or warranties whatever are made by any party except as specifically set forth in this Agreement or any instrument delivered pursuant to this Agreement. f. This Agreement may be executed in counterparts, each of which shall be deemed an original of this Agreement. Page 6 of 7 {00816902.DOCX / 3 } WHEREFORE, the parties hereto have entered into this Agreement as of the date, month and year set forth hereinabove. The Town of Vail By: _______________________________________ ATTEST: _______________________________________ Town Clerk Eagle River Fire Protection District By: _______________________________________ ATTEST: _______________________________________ Secretary Greater Eagle Fire Protection District By: _______________________________________ ATTEST: _______________________________________ Secretary Gypsum Fire Protection District By: _______________________________________ Page 7 of 7 {00816902.DOCX / 3 } ATTEST: _______________________________________ Secretary APPROVED AS TO FORM: __________________________________________ Vail Town Attorney