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HomeMy WebLinkAbout20132696.tiffRESOLUTION RE: APPROVE MUTUAL AID AGREEMENT AND AUTHORIZE CHAIR TO SIGN - COLORADO CHAPTER OF INTERNATIONAL CODE COUNCIL (ICC) DAMAGED BUILDING ASSESSMENT TEAM WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Mutual Aid Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Colorado Chapter of the International Code Council (ICC) Damaged Building Assessment Team, commencing upon full execution of signatures, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Mutual Aid Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Colorado Chapter of the International Code Council (ICC) Damaged Building Assessment Team be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said mutual aid agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of September, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD COULORADO • ATTEST: tw-s.�^ '°' Weld County Clerk to the Board BY: AP ttorney Date of signature: OCT 0 1 2013 ee 7!-2,n/q /t-Adj Aionim,e William F. Garcia, hair c s ( &twtgr 4<Z Douglas ademac r, Pro-Tem arbara Kirkmeyer 2013-2696 BC0045 Chapter II Mutual Aid Agreement Colorado Chapter of ICC Damaged Building Assessment Team WHEREAS, the parties have an interest in providing disaster response, and recovery capabilities to their jurisdictions in order to manage the effects of earthquakes, wind storms, floods, fires, explosions, and other hazards which confront the parties; WHEREAS, each of the parties own and maintain equipment and employ personnel who are trained to respond to and evaluate the effects of these hazards on buildings; WHEREAS, one or more parties to this agreement may find it necessary to utilize all of its own resources to cope with an emergency or disaster caused by natural and/or technological hazards, and may need the assistance of another party or parties to provide supplemental equipment or personnel; WHEREAS, each of the parties may have the necessary equipment and personnel to enable it to provide such services to another to this agreement in the event of such an emergency or disaster. WHEREAS, it is desirable that each of the parties should voluntarily aid and assist each other in the event that an emergency or disaster should occur; WFiF'REAS, it is necessary and desirable that a cooperative agreement be executed for the interchange of such mutual aid on a local, county -wide, regional, statewide and interstate basis; NOW, THEREFORE, Under the provision of C.R.S. 24-32-2108 and 24-32-2113, it is hereby agreed by and between each and all of the parties hereto as follows: 1. Effective Date This agreement becomes effective as to each party when approved by the party, and shall remain effective as between each and every party that has heretofore or hereafter approved this agreement, until participation in this agreement is terminated by the party. 2. Request for Assistance The Authority Having Jurisdiction, or his or her pre -designated alternate, is authorized to request assistance from the Colorado Chapter of ICC Damaged Building Assessment Team, if confronted with an emergency or disaster situation, during which the requesting party has need for equipment and/or personnel in excess of that available at the requesting agency. Requests should specify what resources are needed, and the location(s) to report. 2013-2696 3. Response to Request Upon receipt of such request, the President of the Colorado Chapter of ICC, or his designate, shall determine which equipment and/or personnel are available to satisfy the request, and dispatch such resources to the location(s) designated by the requesting agency. The responding team should make every effort to bring whatever supplies are necessary to carry out the work ahead in the requesting jurisdiction. No party shall be required to unreasonably deplete its own resources, especially in cases where the emergency or disaster has also impacted the jurisdiction of the party receiving the request. 4. Responsibility Employees detailed by the Colorado Chapter of ICC Damaged Building Assessment Team shall be deemed loaned employees on temporary duty from their respective jurisdictions within the requesting jurisdiction. While so loaned they shall be subject to the direction and control of the requesting jurisdiction, except that the Colorado Chapter of ICC may require that its team members so loaned shall be under the immediate command and supervision of a superior designated by the Colorado Chapter, which shall in turn be under the direct supervision of the requesting jurisdiction. Members of the Colorado Chapter of ICC Damaged Building Assessment Team shall remain covered by the workman's compensation coverage of their respective jurisdictions. Likewise, each respective jurisdiction shall remain responsible for the pay, benefits, and other prerequisites of employment of loaned employees, and the Colorado Chapter of ICC shall make no claim for reimbursement of such expenses upon the requesting jurisdiction unless as authorized as part of a declared disaster. Any liability which accrues upon the pros isions of Article 10 of Title 24, C.R.S., on -account of the negligent or otherwise tortuous act of any such loaned employee while performing such duty shall be the responsibility of the requesting jurisdiction and not the Colorado Chapter of ICC, inspector or, loaniftgyulisdietieri 5. Return of Resources Upon completion of work, all equipment and personnel used under the terms of this agreement shall be returned to the Colorado Chapter of ICC Damaged Building Assessment Team upon being released by the requesting party, or on demand being made by the Colorado Chapter of ICC Damaged Building Assessment Team for return of said equipment or personnel. Such assistance as necessary shall be rendered by the parties to locate and return any items of equipment to the party owning said equipment. 6. Agreement not Exclusive This agreement is not intended to be exclusive between the parties hereto. Any of the parties hereto may, as they deem necessary or expedient, enter into separate mutual aid agreements with any other party or parties. Entry into such separate agreement shall not, unless specifically stated wherein, affect any relationship or covenant herein contained. 7. Termination Termination of participation in this agreement may be effected by any party as follows: oD/.3- a626 Written notice shall be served by any party hereto upon all other parties of its intention to terminate the agreement as to the party or parties so notified. Such notice shall be served not less than one day prior to the termination date set forth therein, and a copy shall be forwarded to each party, signatory hereto. Said notice shall automatically terminate this agreement on the date set out unless rescinded prior thereto in writing. Termination of the agreement between the parties affected by such notification shall not affect the continuation of the agreement as to any party hereto not indicating intention to withdraw as provided herein. Termination of the relationship affected by this agreement shall not preclude future agreements for mutual aid between the parties terminated. APPROVED, This 23rd See below Day of September . 20 13 responsible representative of, Designee. j6.- r ?� Chairman, Board of County Commissioners Authority Having Jurisdiction or other (requesting jurisdiction), i)i,Ask- 614;President, Colorado Chapter of ICC, or ATTEST: WELD COUNTY CLK Ti THE BOA BY: DEPUTY CL'" RK TO THE BOARD 00/3 - 9� Hello