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HomeMy WebLinkAbout2015-27 IGA for Fire Prevention Temporary Staffing with CO Public SafetyRESOLUTION NO. 27 Series of 2015 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT (THE "IGA") BETWEEN THE TOWN OF VAIL AND COLORADO DEPARTMENT OF PUBLIC SAFETY, DIVISION OF FIRE PREVENTION AND CONTROL REGARDING UTILIZING VAIL FIRE AND EMERGENCY SERVICES STAFFING; 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, it is the duty of the Sheriffs of the various counties of the State of Colorado to report as soon as practicable the occurrence of any fire in any forest in the state, either on private or public lands, to the Colorado Department of Public Safety, Division of Fire Prevention and Control ("DFPC") ; WHEREAS, the chief of the fire department in each Colorado fire protection district is responsible for the management of wildland fires that occur within the district boundaries; WHEREAS, the DFPC assist the county sheriff in controlling or extinguishing wildland fires that exceed the capability of a fire protection district and is committed to cost-effective and innovative service delivery partnerships for Wildland Fire Suppression within Colorado; WHEREAS, the DFPC provides resources, including engines and firefighters, to assist in Fire Management activities on lands throughout Colorado and as needed as part of a resource mobilization for fires in other states; WHEREAS, Vail Fire and Emergency Services ("Vail Fire") is committed to provide cost-effective service to its citizens, is situated to provide mutual aid response, and currently has a wildland fire suppression program in place; and WHEREAS, Vail Fire and DFPC wish to enter into this Intergovernmental Agreement ("IGA") to jointly staff a state-owned wildland fire engine, as needed, for use locally, regionally, state wide, and nationally to reduce the impact of wildland fires; and 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 DFPC 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. Resolution No. 27, Series of 2015 Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED PASSED AND DOPTED at a regular meeting of the Town Council of the Town of Vail held this 15' day of September, 2015. ATTEST: *Paennoa�- Resolution No. 27, Series of 2015 Andrew P aly Town Ma pr1�1 OF ••.......V,9�1 :: - SEAL EXHIBIT A INTERGOVERNMENTAL AGREEMENT By and Between COLORADO DEPARTMENT OF PUBLIC SAFETY DIVISION OF FIRE PREVENTION AND CONTROL And COLORADO RIVER FIRE RESCUE Regarding TEMPORARY STAFFING AND OPERATION OF A STATE WILDLAND FIRE ENGINE This Intergovernmental Agreement (AGREEMENT) is entered into between the Colorado Department of Public Safety, Division of Fire Prevention and Control ("DFPC") and the Town of Vail/Vail Fire and Emergency Services (COOPERATOR) which are referred to collectively as the "Parties" and individually as a "Party". PARTIES AND STATUTORY AUTHORITIES The Town of Vail is a political subdivision of the State of Colorado powers of a public or quasi- municipal corporation which are specifically authorized by, and in compliance with Colorado Revised Statutes, Titles 29, 30, 31, and 32, as applicable. DFPC is a division of the Department of Public Safety, a principal department of the executive department of state government created pursuant to C.R.S. § 24-1-110 (1) (u) and § 24-33.5-103. Statutory Authorities C.R.S. § 13-21-113.7 C.R.S. Title 24, Article 10 C.R.S. § 24-33.5-1201 (4) C.R.S. § 24-33.5-1203 C.R.S. § 24-33.5-1218 C.R.S. § 24-33.5-1219 C.R.S. Title 29, Article 22.5 C.R.S. § 29-1-201 thru 203 C.R.S. § 30-10-513 and 513.5 C.R.S. § 30-11-124 C.R.S. Title 32, Article 1 Firefighter and Incident Management Team Immunity Governmental Immunity Transfer of State Forest Service Authority to DFPC Duties of DFPC DFPC Cooperation with Governmental Units Wildland Fires - Duty of Sheriff to Report Wildland Fire Planning Authority to Enter Into Intergovernmental Agreements Duties of Sheriff Relating to Fires Fire Planning Authority Special District Provisions RECITALS WHEREAS, wildland fire protection responsibilities on non-federal lands in Colorado follow a hierarchy of local jurisdiction (fire protection districts) to the county sheriff to the State of Colorado with the DFPC being the lead state agency for wildland fire management, and WHEREAS, it is the duty of the Sheriffs of the various counties of the State of Colorado to report as soon as practicable the occurrence of any fire in any forest in the state, either on private or public lands, to DFPC "or its authorized agent," and WHEREAS, the chief of the fire department in each Colorado fire protection district is responsible for the management of wildland fires that occur within the district boundaries and that are within the capability of the fire protection district to control or extinguish, and WHEREAS, when wildland fires exceed the capability of the fire department to control or extinguish, the fire chief may transfer responsibility for the fire to the county sheriff with the concurrence of the sheriff, and WHEREAS, when wildland fires exceed the capability of the county sheriff to control or extinguish, DFPC may assist the sheriff in controlling or extinguishing such fires, and may assume command of such incidents with the concurrence of the sheriff, and WHEREAS, the Director of DFPC shall determine, in consultation with local authorities and with the approval of the Governor, geographic areas of the state, including Wildland-Urban Interface areas, in which the state has a financial responsibility for managing forest and wildland fires, and WHEREAS, DFPC is committed to cost-effective and innovative service delivery partnerships for Wildland Fire Suppression within Colorado, and WHEREAS, it is the intent of the Parties that DFPC resources, including engines and firefighters, be available to assist in Fire Management activities on lands throughout Colorado and as needed as part of a resource mobilization for fires in other states, and WHEREAS, Vail Fire and Emergency Services is committed to provide cost-effective service to its citizens, is situated to provide mutual aid response, and currently has a wildland fire suppression program in place, and WHEREAS, it is the intent of the Parties that Vail Fire and Emergency Services resources be available to assist in Fire Management activities on lands for which DFPC is responsible for protecting and as needed as part of a resource mobilization for fires in other states, and WHEREAS, it is to the Parties' mutual advantage to coordinate efforts for the prevention, detection, and suppression of wildland fires, fuels management, prescribed fire, non-wildland fire emergencies (as authorized), and cooperative projects for resource protection in their areas of responsibility, and to limit duplication and improve efficiency and effectiveness, and WHEREAS, the ability to utilize Vail Fire and Emergency Services staffing to provide a cost- effective means to meet the Parties' respective missions and be a benefit locally, regionally, statewide and nationally through the provision of additional Wildland Fire Resources, and WHEREAS, the Parties wish to enter into this Agreement to jointly staff a state-owned wildland fire engine, as needed, for use locally, regionally, state wide, and nationally to reduce the impact of wildland fires, and IN CONSIDERATION OF mutual and unilateral covenants, obligations, promises and warranties, the Parties agree as follows: AGREEMENT 1. Term of Agreement. The term of this Agreement shall commence upon execution by both Parties and shall terminate on December 31 in the fifth year after it is executed. Either party may terminate this agreement by notifying the other party, in writing, of its intent to terminate the agreement thirty days prior to termination. Scope of Duties 2.1 Each Party enters into this Agreement understanding that firefighting and emergency response functions are inherently dangerous and, while risk management techniques will be employed, it may not be possible to foresee every situation that could cause injury, illness, or death. 2.2 Each Party understands that wildland firefighting and emergency response functions may require the placement of personnel in remote locations for extended periods of time with limited access to creature comforts, communications, or normal living conditions. 2.3 Each Party understands that incident assignments may last up to 14 days, exclusive of travel; may not allow personnel to return home at the end of a shift; may require personnel to camp on the fire site, generally at a designated fire camp; and that daily work shifts may last fourteen to sixteen (14 —16) hours with limited breaks. 3. Employees Able to Operate 3.1 Each Party agrees that its employees may ride, drive, operate, and work on, in, and around the other Party's vehicles, apparatus, equipment, stations, and facilities, pursuant to need, training, and applicable laws. This mutual Agreement provides staffing of a fire engine, tender, crew, command, module or other resource as an emergency response incident resource for assisting in the stabilization of emergency incidents such as wildland fires, structure fires, emergency medical, rescue, and natural disasters. 3.2 Each Party agrees to abide by the Incident Command System (ICS) as outlined in the National Incident Management System (NIMS). ICS shall be the guide as to command and control of resources and personnel assigned to an incident. Each Party agrees to utilize ICS instead of agency position, job description or home unit rank while working jointly to staff an incident resource. 3.3 For the purpose of this Agreement "employee" shall mean any person, paid or volunteer, who is formally hired by either party. This Agreement does not extend to, nor include, third party contractors working for either agency designated on this Agreement. 4. Financial 4.1 Each Party shall be responsible for the cost of its respective employees, vehicles, facilities, and equipment, including damage or loss. 3 4.2 For reimbursable incidents, each Party has the right to seek reimbursement for the utilization of its personnel, vehicle, equipment, and facility by following standard DFPC reimbursement guidelines. 4.3 Neither Party shall encumber the funds of the other Party for any purpose at any time without separate written authorization and legal authority. 5. Insurance and Liability 5.1 Each Party shall be responsible for the acts or omissions of its own employees, subject to the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq. ("CGIA") and C.R.S. § 13-21- 113.7, as applicable. 5.2 Each Party shall be responsible at all times for worker3 compensation insurance coverage of its employees acting within the provisions of this Agreement, including accidents, injuries and diseases which occur while acting under the direction or at the request of the other Party. Each Parry shall maintain liability insurance coverage for its real and personal property, as required by law. Neither Party shall be responsible for the other Party's liabilities, fiduciary responsibilities, or workers compensation, unless expressly authorized by a separate written Agreement executed by the Parties. 6. Accident and Incident Reporting and Investigation. All Parties to this Agreement shall be notified as soon as practical of any accidents or incidents related to this Agreement and shall jointly initiate an investigation of the accident or incident, as needed. 7. Training and Qualifications. During the term of this Agreement, the Parties mutually agree to provide to each other's employees any training necessary for successfully performing the duties and responsibilities, as assigned pursuant to this Agreement. The Parties mutually agree that all employees assigned to a wildland fire shall meet or exceed the current National Wildfire Coordinating Group's (NWCG) qualification standards for the position they occupy. 9. Amendments. This Agreement may not be amended except in a writing setting forth such amendment and executed by the Parties. 10. Severability. If any provision of this Agreement should be declared unenforceable, then the remainder of this Agreement shall continue to be binding upon the parties. 11. Relationship of Parties. The Parties enter into this Agreement as separate and independent governmental entities and each shall maintain such status throughout the term of this Agreement. Nothing contained in this Agreement and no performance under this Agreement shall alter or modify the status of a Party's directors, officers, volunteers, agents, or employees for any purpose, including but not limited to workers'- compensation, employee benefits or entitlements, pension, levels or types of training, internal discipline, certification, rank procedures, methods, or categories, or for any other conditions or requirements of employment. 12. Governing Law. This agreement is entered into in Colorado and shall be governed by the laws of the State of Colorado. 4 13. Headings. The headings used in this Agreement are for the convenience of the Parties only. As such, these headings shall not have any legal effect whatsoever or, in any other way alter or modify the meaning or interpretation of this Agreement. 14. Authority. By signing this Agreement, representatives of the Parties acknowledge that they are duly authorized to execute this Agreement on behalf of their respective Party. 15. Execution in Counterparts or by Facsimile or Electronic Means. This Agreement may be executed in counterparts or with signatures obtained via facsimile transmission or electronic PDF, each of which shall have full force and effect upon execution by all Parties to this Agreement. COLORADO DEPARTMENT OF PUBLIC SAFETY DIVISION OF FIRE PREVENTION AND CONTROL APPROVAL: By: Paul L. Cooke, Director Division of Fire Prevention and Control Date: APPROVAL: By: Date: Vail Fire and Emergency Services CONTACT INFORMATION Name: Mark Novak Address: 2399 North Frontage Road West City, State, Zip: Vail, CO 81657 Phone: 970-477-3474 Email: mnovak@vailgov.com 5 0 TOWN OF VAIL A Memorandum To: Town Council From: Public Works Department Date: 9-15-15 Subject: ERWSD IGA for Dowd Junction Gore Valley Trail Repair I. SUMMARY The Town of Vail and the Eagle River Water and Sanitation District (ERWSD) are in need of a long term repair to the Gore Valley Trail in Dowd Junction. The existing rock retaining wall that supports both the Gore Valley Trail and the ERWSD sanitary sewer trunk line main is being undermined and failure of the wall is eminent. The Town and ERWSD jointly issued a Request for Proposals in August for the design of this repair. The cost of the design will be split between the Town and ERWSD (50/50) through an Intergovernmental Agreement (IGA). The Town has agreed to contract directly with S2O Design Engineers, and ERWSD has agreed to provide 50% reimbursement of the cost of design. Once a final design is selected and approved, a separate IGA will be entered into for the cost share of the construction. Staff recommends approving Resolution No. 28, Series 2015, approving an IGA with ERWSD to split the Dowd Junction Gore Valley Trail Repair design costs 50/50. II. ATTACHEMENTS Resolution No. 28, 2015 Intergovermental Agreement (IGA) RESOLUTION NO. 28 Series of 2015 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT (THE "IGA") BETWEEN THE TOWN OF VAIL AND EAGLE RIVER WATER AND SANITATION DISTRICT REGARDING THE DESIGN OF THE GORE VALLEY TRAIL AT DOWD JUNCTION REPAIR PROJECT; 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 will partner with the Eagle River Water and Sanitation District (ERWSD) to design the necessary repairs to the Gore Valley Trail in Dowd Junction (the "Project"); WHEREAS, the Project, located in Dowd Junction along the Gore Valley Trail, will provide a benefit to both the Town's Gore Valley Trail bike path and ERWSD's sanitary sewer mainline that lies beneath the Gore Valley Trail; WHEREAS, the Council's approval of Resolution No. 2 8, Series 2015, is required to enter into the Intergovernmental Agreement ("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 ERWSD 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. 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 15 day of September, 2015. Andrew P. Daly Town Mayor ATTEST: Patty McKenny Town Clerk Resolution No. 28, Series of 2015 INTERGOVERNMENTAL AGREEMENT FOR GORE VALLEY TRAIL AT DOWD JUNCTION REPAIR PROJECT THIS AGREEMENT is made and entered into this day of 2015, by the TOWN OF VAIL, a political subdivision of the State of Colorado ("Town"), and EAGLE RIVER WATER AND SANITATION DISTRICT, a quasi- municipal corporation and political subdivision of the State of Colorado, ("District"). Collectively these entities are also referred to as the "Parties". RECITALS WHEREAS, the Town of Vail is a Colorado municipality organized and operated pursuant to its home rule charter and Colorado law; and WHEREAS, Eagle River Water and Sanitation District is a water and sewer District organized and existing under the Colorado Special District Act; and WHEREAS, the District is empowered to provide water and sewer service to its customers and constituents within and without its boundaries, within Eagle County, Colorado, on such terms and conditions as the District may decide; and WHEREAS, Section 18(2)(a) and (b), Article XIV of the Colorado Constitution, Section 29-1-203, C.R.S., and Section 32-1-1001, C.R.S., provide for the ability of the Parties to enter into contracts and agreements with one another to provide intergovernmental services and facilities, when so authorized by their governing bodies; and WHEREAS, the Constitution and statutes of the State of Colorado permit and encourage agreements between political subdivisions of the State, in order that the inhabitants of such political subdivisions may thereby secure high quality governmental services; and WHEREAS, it is recognized by the Parties, that the public health, safety and welfare of their inhabitants is best served by providing high quality water and sewer and services; and WHEREAS, the Town wishes protect its infrastructure (Gore Valley Trail); and WHEREAS, the District wishes to protect its infrastructure (Sanitary Sewer Main); and WHEREAS, the Parties wish to combine their efforts to achieve cost sharing and cost savings benefits, minimize duplication of efforts to design a sound engineering solution to protect the parties infrastructure; and WHEREAS, each of the Parties hereto desires to work together to authorize and accomplish the Design of the Project; and WHEREAS, each of the Parties hereto has determined it to be in the best interests of their respective taxpayers, residents, property owners, and constituents to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual performance of the covenants, agreements, and stipulations contained herein, and for other good and valuable consideration, the Parties hereto agree as follows: 1. Cooperation. The Parties agree to cooperate in the planning, design, cost and expense sharing and administration phases of the Project referenced in this Agreement and to cooperate and facilitate the combined efforts including, but not limited to the execution of any additional agreements, easements, and rights-of-way necessary to implement the purposes of this Agreement. 2. Desi ng Costs. The Town and the District have selected S20 Design Engineering of Lyons, Colorado to perform professional design services. S20 Design Engineering was selected through a public Request For Proposals process. The Town agrees to pay 50% of the design fees and the District agrees to pay 50% of the design fees. 3. Project Management: The Town will provide a project management representative ("Town Project Manager") to coordinate the design work, provide clarifications to the Consultant and review and approve proposed field changes, cost changes and time changes in a timely manner. The District will provide a project management representative ("District Project Manager") to coordinate execution of the Town's portion of the Project with the District Construction Manager as required herein. With respect to communications with Project Consultant the District Project Manager shall not have authority to bind, or otherwise affect the obligations of, the Town. 4. Cost Sharing. The Town agrees to pay all costs to the Consultant for the Project. The Town will invoice the District on a monthly basis for the District's portion of the work based upon a 50% Town/50% District cost share. The District will reimburse the Town for the invoiced work within 30 days. The District represents that it has appropriated sufficient funds to pay in full its obligations hereunder. 2 Project Meetings. The Town will make a good faith effort to invite a representative of the District to meetings concerning the Project, and otherwise provide open communications throughout the Project. 6. Enforcement. The Parties agree that this Agreement may be enforced in law or in equity for specific performance, injunctive, or other appropriate relief, including damages, as may be available according to the laws and statutes of the State of Colorado. It is specifically understood that by executing this Agreement each Party commits itself to perform pursuant to the terms contained herein, and that any breach hereof which results in any recoverable damages shall not cause the termination of any obligations created by this Agreement unless such termination is declared by the Party not in breach hereof. Governinig Law. This Agreement shall be governed and construed in accordance with the laws of the State of Colorado. Venue. Venue for the trial of any action arising out of any dispute hereunder shall be in the District Court for Eagle County, State of Colorado, pursuant to the appropriate rules of civil procedures. 9. Captions. The headings and sections and paragraphs are included only for convenience and reference. If any conflict between any heading and the text of this Agreement exists, the text shall control. 10. Binding Agreement upon Successors and Assigns. This Agreement and the rights and obligations created hereby shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. 11. Interested Persons. Nothing herein expressed or implied is intended or should be construed to confer or give to any person or corporation or governmental entity other than the Town and the District, any right, remedy or claim under or by reason hereof or by reason of any covenant or condition herein contained, nor limit in any way the powers and responsibilities of the Town, the District, or any other entity not a party hereto. 12. Notices. All notices, requests, demands, consents and other communications hereunder shall be transmitted in writing and shall be deemed to have been duly given when hand -delivered or sent by certified, United States mail, postage prepaid, with return receipt requested, addressed to the parties as follows: 3 Stan Zemler, Town Manager Town of Vail 75 South Frontage Road Vail, Colorado 81657 With a Copy to: Matt Mire, Town Attorney Town of Vail 75 South Frontage Road Vail, Colorado 81657 Eagle River Water and Sanitation District Linn Brooks, General Manager 846 Forest Road Vail, Colorado 81657 With a Copy to: James P. Collins, Esq. Collins Cockrel & Cole 390 Union Boulevard, Suite 400 Denver, Colorado 80228-1556 Either party may change the address at which it receives written notice, by notifying the other party in writing in the manner provided herein. 13. Severability. If any portion of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction as to either Party or as to both Parties, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such remaining provisions shall be fully severable and this Agreement shall be construed and enforced as if such invalid provisions had never been inserted into this Agreement. 14. Waiver. The waiver of any breach of any of the provisions of this Agreement, by any party, shall not constitute a continuing waiver of any subsequent breach by that party, either of the same, or of another provision of this Agreement. 2 15. Amendment. This Agreement may be amended, modified, changed, or terminated in whole or in part only by written agreement duly authorized and executed by the Parties hereto. 16. Duplicate Originals. This Agreement may be executed in counterparts, each of which shall be an original, but all of which together, shall constitute one and the same agreement. 17. Separate Enti . Status. In no event shall either party, its employees or its representatives, be considered or authorized to act as employees or agents of the other party. 18. Indemnification. Each party, to the extent permitted by law and subject to all of the immunities, defenses and protections afforded to that party by the Colorado Governmental Immunity Act, shall indemnify and hold harmless, the other party, its officers, directors, employees and agents from and against any claims including attorneys fees, arising out of the negligence of the officers, employees or agents of the indemnifying party and rising out of the performance of services under this Agreement. 19. Force Majeure. No party shall be liable for any failure to perform as required by this Agreement to the extent such failure to perform is caused by any reason beyond the control of that party or by reason of any of the following occurrences, whether or not caused by such party: strikes, labor disturbances or labor disputes of any character, accidents, riots, civil disorders or commotions, war, acts of aggression, floods, earthquakes, acts of God, explosion or similar occurrences; provided, such party shall exercise its best efforts to provide the best possible alternative performance and to prevent the foregoing occurrence from obstructing full performance. Such occurrences shall not terminate this Agreement and shall not affect this Agreement except as provided in this Section. 20. Entire Agreement of the Parties. This Agreement represents the full and complete understanding of Parties, and supersedes any prior agreements, discussions, negotiations, representations or understandings of Parties with respect to the subject matter contained herein. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be effective as of the date and year first above written. Attest: Leslie Isom, Administration Manager Attest: Patty McKenny, Town Clerk APPROVED AS TO FORM Matt Mire, Town Attorney EAGLE RIVER WATER AND SANITATION DISTRICT Linn Brooks, General Manager TOWN OF VAIL Lo G'! Stan Zemler, Town Manager ATTACHMENT A (CONSULTANT'S PROPOSAL DATED AUGUST 31, 2015)