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HomeMy WebLinkAbout2012-38 IGA with Eagle River Fire Protection DistrictRESOLUTION NO. 38 Series of 2012 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND EAGLE RIVER FIRE PROTECTION DISTRICT; 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 Town desires to partner with Eagle River Fire Protection District (ERFPD) to fund a training chief position to be employed by ERFPD, to provide contract services to Vail Fire Department (VFD); WHEREAS, the VFD and ERFPD wish to enter into this Intergovernmental Agreement (IGA) setting forth each of the Parties' rights and obligations concerning the funding of the Training Chief position and receipt of training services from ERFPD; and WHEREAS, the Council's approval of Resolution No. 38, Series 2012, is required to enter into an IGA. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves and authorizes the Town Manager to enter into an Intergovernmental Agreement with ERFPD, 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 18th day of December, 2012. Andrew P. Daly, Town Mayor a . �p�N,OF,�� : • . ; , . , rel i Donald on, : SEAL ; . Town Clerk � ' . , . � : • . ; . . n_•••...••s . Resolution No. 38, Series 2012 INTERGOVERNMENTAL AGREEMENT CONCERNING THE COOPERATIVE USE OF A TRAIIVING CHIEF This Intergovernmental Agreement Concerning the Cooperative Use of a Training Chief ("AgreemenY') is entered into as of day of December, 2012 by and between the Eagle River Fire Protection District, a quasi-municipal corporation and political subdivision of the State of Colorado ("ERFPD"), and the Vail Fire Department acting through the Town of Vail, a home rule and municipal corporation ("VFD"), collectively, the "Parties" or "Entities." RECITALS A. ERFPD was created under the Colorado Special District Act, §§ 32-1-101, et seq., C.R.S. for the purpose of providing fire protection functions, services and facilities. VFD is a department within the Town of Vail and is authorized to provide fire protection functions, services and facilities pursuant to Section 1.2 of the Town of Vail Home Rule Charter and Section 1-7-1 of the Vail Municipal Code. B. The state constitution and § 29-1-203, C.R.S., authorize the Parties to contract with one another to provide any function, service or facility lawfully authorized to each. The Fire Chiefs are authorized to run the operations of and to hire personnel on behalf of their respective Entities. C. The Parties have identified a common need for training chief services. The Parties desire to work cooperatively to fund a training chief position ("Training Chief') to be employed by ERFPD, to provide contract services to VFD in accordance with the terms of this Agreement. The Parties may enter into additional agreements concerning the cooperative use of training facilities and other matters of common interest. D. ERFPD is willing and able to employ the Training Chief. The Parties wish to enter into this Agreement setting forth each of the Parties' rights and obligations concerning the funding of the Training Chief position and receipt of training services from ERFPD. NOW THEREFORE, for good and valuable mutual consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: AGREEMENT En�agement of a Trainin�ef. A. The Training Chief shall be hired and employed by ERFPD. ERFPD shall be the sole employer of the Training Chief. ERFPD shall be responsible for determining the qualification and job description for the Training Chief, however, minimum qualifications for the position and job duties for the Training Chief for ERFPD to {00302577.DOC / 4} receive payment for services under this Agreement are attached hereto as Exhibit A, which may be amended from time to time. B. The Fire Chiefs shall review the resumes or applications of the candidates for the Training Chief position and collectively determine the candidates they wish to jointly interview. After initial interviews, the Fire Chiefs shall determine the candidates to be called back for second interviews. C. ERFPD shall conduct its standard pre-hiring screening procedure for all candidates selected for second interviews. D. The Fire Chiefs shall conduct second interviews and recommend a candidate for the Training Chief position. ERFPD shall complete its standard hiring process for the selected candidate. Upon due consideration of the recommendation of the Fire Chiefs, ERFPD shall, in its sole discretion, determine which candidate to employ. II. Trainin� Chief Compensation. The Training Chief will be employed solely by ERFPD. The responsibility to hire and supervise, including promote, discipline and terminate remains solely with ERFPD. As such, ERFPD shall be solely responsible for payment of all salary, wages and other compensation, reimbursement of expenses, liability and workers' compensation insurance, pension and for withholding payroll taxes for the Training Chief. III. Pavment for Services. A. VFD shall pay to ERFPD one-fourth of the Compensation Package amount as set forth on Exhibit B, attached hereto and incorporated herein, for training services to be provided by ERFPD through the Training Chief. Such amount is based upon a one-fourth share to VFD of the anticipated costs to ERFPD associated with employment of the Training Chief. The compensation and benefits actually paid by ERFPD to the Training Chief shall be determined by ERFPD in its sole discretion. B. The costs of services under this Agreement shall be reviewed on an annual basis on or before November 1 S` for each subsequent year. Any modification of the cost of services shall be only upon mutual agreement. VFD may terminate its participation in this Agreement for failure to agree to an increase in the cost of services associated with ERFPD's employment of the Training Officer, effective January 1 S` of the subsequent year. IV. Utilization of the Trainin� Chief. A. The primary function of the Training Chief shall be to oversee a joint firefighter training program for the Parties. {00302577.DOC / 4} 2 B. VFD shall receive training services from ERFPD provided through the Training Chief, equivalent to one-fourth of the hours worked by a full-time employee. The Fire Chiefs shall use a good faith effort to share such training services on a quarterly basis. C. ERFPD shall be responsible for coordinating and allocating the training services with VFD through its Fire Chief or designee. D. On a monthly basis, ERFPD shall prepare a summarized report for VFD describing the training services provided during the prior month, the amount of time spent on each activity, and the allocation of time to each Entity. The report shall contain a running summary for the year of the Training Chief's time allocated to each of the Parties. V. Payment of Services. ERFPD shall invoice VFD for its costs for training services on a quarterly basis. Payments shall be due within thirty (30) days of receipt of any invoice. VI. Term. A The term of this Agreement shall be for a period of five (5) years, with the option to renew for one additional five (5) year term. B. Either Party to this Agreement may terminate its interest effective as of December 31S` of each year, upon giving sixty (60) days prior written notice to the other Party, including notice of any non-appropriation of funds for the subsequent fiscal year. VII. General Provisions. A. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. B. This Agreement does not create a multiple fiscal year debt for ERFPD or VFD. Funding of the Training Chief position by ERFPD and payments for training services by VFD shall be subject to annual appropriation by each of the Parties. C. Should any provision of this Agreement or the application thereof, to any extent, be held invalid or unenforceable, the remainder of this Agreement and the application thereof other than those provisions as to which it shall have been held invalid or unenforceable, shail not be affected thereby and shall continue in full force and effect and shall be enforceable to the fullest extent permitted by law or in equity. D. This Agreement embodies the entire agreement between the Parties hereto concerning the subject matter hereof and supersedes all prior conversations, proposals, negotiations, understandings and agreements, whether written or oral. {00302577.DOC / 4} 3 E. All exhibits attached to this Agreement and referred to herein shall for all purposes be deemed to be incorporated in this Agreement by this reference and made a part hereof. F. In the event of any litigation between the Parties hereto concerning the subject matter hereof, the prevailing party in such litigation shall be entitled to receive all reasonable costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in such litigation. G. This Agreement shall not be modified except by a written agreement executed and acknowledged by all of the Parties hereto and attached as an addendum. H. Each of the Parties represents to the others that it has full power and authority to execute, deliver and perform this Agreement, that this Agreement constitutes a valid and legally binding obligation of such Party. I. Notices, invoices, and other communications required or permitted to be given shall be in writing, and delivered personally, sent electronically with a hard copy sent by First Class mail, or sent by U.S. mail, postage prepaid, addressed to the Parties at their addresses of record. EXECUTED as of the date first written above. ATTEST: I: Secretary EAGLE RIVER FIRE PROTECTION DISTRICT : President TOWN OF VAIL : Stan Zemler, Town Manager Attest: Lorelei Donaldson, Town Clerk {00302577.DOC / 4} 4 EXHIBIT A � i '"�l � J��f �t�7Vf710N D151�'� . Job Description - Division Chief of Trainin� This position is responsible for developing and maintaining the work related skills and proficiency of the personnel whose agency participates in the Intergovernmental Agreement Concerning the Cooperative Use of a Training Chief. For each of the Participating Agencies, the Training Chief will develop training programs that emphasize position-appropriate professional development, ensure the scheduling of training, provide instruction, liaise with the Colorado Division of Fire Prevention and Control on matters related to training, coordinate certifications and maintain training records. The Training Chief makes budgetary recommendations that serve to enhance the overall effectiveness of the Participating Agencies' training programs. This position reports to the Fire Chief of the Eagle River Fire Protection District, but works closely and coordinates with the Fire Chiefs and staffs of the Participating Agencies. General Statement of Duties: • Coordinates, schedules and implements training for members that maintain and enhance individual and team performance. Develops programs that lead to member certification. • Provides basic training for new members and skill maintenance of existing members. • Serves as a coordinator for matters related to training between the Participating Agencies and the Colorado Division of Fire Prevention and Control, Colorado Department of Health and Colorado Mountain College for all fire and emergency medical certifications. • Represents the Participating Agencies in training issues of local and statewide concern. • Responds to major incidents as requested by the Participating Agencies. Assists with fire ground command functions as may be required and assigned at major incidents. • Maintains the Participating Agencies' training records. • Performs other duties as assigned. Essential Functions • Develop training programs appropriate for each rank that promotes operational consistency allowing employees to work collaboratively between Agencies using the same skills. • Develop a system to assess knowledge, skills and abilities of all ranks at each agency. • Performs strenuous physical tasks before, during and after the emergency response, and often for extended periods of time. Performs fire suppression tasks and other emergency functions at heights and in confined spaces. Enters hazardous atmospheres and other conditions that may present great personal risk. {00302577.DOC / 4} • Operates motor vehicles to and from the scene of emergencies and may operate fire pumps and other power equipment. • Operates department staff vehicles. • Operates computer equipment, phones, and other office equipment as necessary; completes reports. • Maintains certified Fire Officer I or equivalent and State of Colorado Emergency Medical Technician. Obtains Fire Inspector I certification within 2 years. • Enters hazardous atmospheres and other conditions that may present great personal risk. • Communicates with voice over two-way radio. Communicates with voice to members of the community and to members of the team. Gives verbal presentations to live audiences ranging from children to adults. • Possesses the ability to remain calm in life threatening or other critical situations. Minimum Requirements • Must possess State of Colorado Fire Officer I, Fire Instructor I, Proctor, and Emergency Medical Technician certifications. • Must possess a valid State of Colorado driver's license. • Must possess a High School Diploma or equivalent. • Ability to work as a manager of a team, in critical or life threatening circumstances. � Ability to resolve and solve problems and conflicts with professionalism. • Possesses excellent teaching, presentation and communication abilities. • Experience in computer applications and databases. • Ability to demonstrate strenuous physical tasks. I understand the description of the job and the essential functions as given above. I also understand that all of the duties are not described and that I will perform all duties as directed by my supervisor and management. This job description supersedes any previous description of the duties and functions of Division Chief of Training. Signing this job description in no way guarantees continued employment in this position. I understand that I am an at-will employee and that I may end this employment at any time, Eagle River Fire Protection District has the same right. Signature Print Name {003025�7.DOC / 4} � Date EXHIBIT B � ! J .�j. ��f��ofepnox��tla�� . Compensation Package - Division Chief of Training Training Chief Regular Full-Time Wages Regular Part-Time Wages Pay for Performance Bonus Overtime Wages (FLSA) Uniform Allowance FT Pension PTS Pension Wellness Employee Assistance Program FICA/Medicare Group Health and Life Insurance Long-Term Disability Insurance — FPPA Workers' Compensation Unemployment Insurance Long-term Disability Short term Disability 30K Life & ADD (Prudential) Total Salary & Benefits {00302577.DOC / 4} 7 79,404.00 0.00 0.00 0.00 500.00 8,734.44 0.00 0.00 9.00 1,158.61 12,146.21 2,064.50 4,067.11 239.71 347.04 159.00 54.36 108,883.99