HomeMy WebLinkAbout20132776.tiffRESOLUTION
RE: APPROVE MUTUAL AID AGREEMENT FOR APPLICATION PROCESSING
ASSISTANCE AND AUTHORIZE CHAIR TO SIGN - DOUGLAS COUNTY
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 for Application
Processing Assistance between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, on behalf of the Department of Human Services, and
Douglas County, with 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 for Application Processing Assistance between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Department of Human Services, and Douglas County be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of September, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: r v� �A� • � ,�
Weld County Clerk to the Board
BY:
Deputy
APP
Attorney
Date of signature:
OCT
EXCUSED
William F. Garcia, Chair
errP o- em
. Conway
reeman
arbara Kirkmeyer
CC : NSO C C Y1 IS?(JG)
1O19/ 1'3
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2013-2776
BC0045
11R0084
MEMORANDUM
DATE: September 27, 2013
\
TO: William F. Garcia, Chair, Board of Co �s my Co �i �ionp
Cq t- N? --,J
FROM: Judy A. Griego, Director, Human Sery
RE:
Intergovermnental Agreement for the', rovision of Mutual) Aid
During Disaster Emergencies — Douglas County
Request Board approval of an Intergovernmental Agreement for the Provision of Mutual Aid
During Disaster Emergencies with between the Department and Douglas County.
Douglas County is willing to provide application processing assistance to the Weld County
Department of Human Services (Department). The Department is overwhelmed with
applications as a result of the flood and the implementation of the Affordable Care Act. We
have negotiated a rate of $30.75 per application to be processed into CBMS. This rate is
comparable to what we pay in overtime salary and benefits to our workers.
If you have any questions, please give me a call at extension 6510.
2013-2776
Gnu -13- 3 75
INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF MUTUAL AID
DURING DISASTER EMERGENCIES
THIS INTERGOVERNMENTAL AGREEMENT ("IGA") is made and entered into
effective as of the 26th day of September, 2013, A.D. between the COUNTY OF WELD, a
political subdivision of the State of Colorado, whose address is 915 10th Street, P. O. Box 758,
Greeley, CO 80632, and COUNTY OF DOUGLAS, a political subdivision of the State of
Colorado, whose address is 100 Third Street, Castle Rock, CO 80104. Both entities may be
referred to herein individually as "Jurisdiction," or collectively as "the Jurisdictions."
WITNESSETH:
WHEREAS, intergovernmental agreements to provide functions or services, including
the sharing of costs of such services or functions, by political subdivisions of the State of
Colorado, are specifically authorized by C.R.S. § 29-1-203, and other sections of the Colorado
Revised Statutes, and
WHEREAS, the Jurisdictions are each authorized to provide, establish, and maintain
disaster emergency services as defined by each Jurisdiction, and
WHEREAS, disaster emergencies may arise in either or both of the Jurisdictions,
resulting in greater demands than the personnel and equipment of that Jurisdiction can handle,
and
WHEREAS, it is in the best interest of the Jurisdictions that they may have service of and
from the other Jurisdictions to assist it in reacting to disaster emergencies, and
WHEREAS, it is in the best interests of each of the Jurisdictions to have access to
emergency resources to supplement their own during an emergency and in recovery, and
WHEREAS, to receive the resources cited above, it is cost effective for each of the
Jurisdictions to make available during disaster emergencies their own resources to other affected
Jurisdiction, and each Jurisdiction now wishes to do so pursuant to this IGA.
NOW, THEREFORE, in consideration of the mutual promises and covenants expressed
herein, the Jurisdictions agree as follows:
1. Authority, Validity, Severability, and Jurisdiction.
a. This IGA is promulgated under the relevant portions of C.R.S., Title 29, and C.R.S. §
24-33.5-713. The statute shall control in case of conflict between this agreement and
the statute. Each and every term, provision, or condition herein in subject to and shall
be construed in accordance with the provisions of Colorado law, the charters of the
Jurisdictions (if applicable), and the ordinances and regulations enacted pursuant
hereto.
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a2,/./- c7;?;
b. It is understood and agreed by the Jurisdictions hereto that if any part, term or
provision of this IGA is by the courts held to be illegal or in conflict with any law of
the State of Colorado, or of the United States of America, the validity of the
remaining portions or provisions of the remaining portions or provisions shall not be
affected, and the rights and obligations of the Jurisdictions shall be construed and
enforced as if the IGA did not contain the particular part, term, or provision held to be
invalid.
c. All terms and words herein shall have the same definition as provided in Titles 24 and
29 of C.R.S. except as herein otherwise indicated. "Disaster Emergency" shall have
the same definition as provided for "Disaster' at C.R.S. § 24-33.5-703(3). Where
terms and words herein are not so defined they shall have the commonly accepted
definition.
d. This IGA provides for the joint exercise by the Jurisdictions of the function or service
provided herein, but does not establish a separate legal entity to do so, nor does it
constitute either Jurisdiction as an agent of the other Jurisdiction for any purpose
whatsoever. This IGA shall provide only for the use of equipment or personnel by
the Jurisdictions.
2. Agreement for the Provision of Mutual Aid. For and in consideration of the promises of
each Jurisdiction, each agrees with the other that in the event there are disaster
emergencies in the territory served by one Jurisdiction which are beyond the capabilities
of that Jurisdiction ("the Requesting Jurisdiction"), the other Jurisdiction ("the
Responding Jurisdiction"), subject to the limitations herein set forth, shall assist the other
by causing and permitting its resources to be used in responding to such disaster
emergencies in the Requesting Jurisdiction. The need for such assistance shall be
determined by the Jurisdiction requesting assistance, subject, however, to the following
limitations:
a. The Responding Jurisdiction shall be excused from making its resources available, or
continuing to make its resources available, to the Requesting Jurisdiction in the event
of the need of the resources of Responding Jurisdiction within its territory. Such
decision of availability shall be made by the Responding Jurisdiction, and such
decision shall be conclusive and in the Responding Jurisdiction's sole discretion.
b. The resources being requested by the Requesting Jurisdiction, including the amount
of time for which the resources are being requested, shall be detailed on a "Mutual
Aid Request Form" that is substantially in the same form as that attached hereto and
entitled, "MUTUAL AID REQUEST FORM." The term "resources," as used herein,
shall be limited to the personnel and equipment listed in said MUTUAL AID
REQUEST FORM.
c. Costs for equipment and personnel shall be negotiated and agreed to separately, in
writing, by both the Requesting Jurisdiction and by the Receiving Jurisdiction, which
writing is attached hereto and incorporated herein as `Schedule A'.
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d. Each Jurisdiction waives all claims and causes of action against all of the other
Jurisdictions for compensation, damage, personal injury or death occurring as a
consequence, direct or indirect, of the performance of this IGA, to the extent
permitted by, and without waiving any protection or other provisions of, the Colorado
Governmental Immunity Act.
3. Employment Status of Responding Personnel. Nothing contained in this IGA, and no
performance under this IGA by personnel of the Jurisdictions, shall in any respect alter or
modify the status of officers, agents, or employees of the respective Jurisdiction for
purposes of worker's 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. Worker's
compensation coverage shall be as structured in C.R.S. § 29-5-109, if the request meets
the requirements of C.R.S. §§ 29-5-103 through 108, otherwise the claim shall be
processed as if it were generated by any other work assignment within the Responding
Jurisdiction. The Responding Jurisdiction shall remain responsible for processing any
worker's compensation claims filed by its resources.
4. Insurance Coverage for Responding Personnel and/or Equipment. Each Jurisdiction shall
maintain its own insurance coverage, for both liability and damage, for the responding
personnel and/or equipment.
5. Assignment. This IGA shall be binding upon the successors and assigns of each of the
Jurisdictions hereto, except that no Jurisdiction may assign any of its rights or obligations
hereunder without the prior written consent of the other Jurisdiction.
6. No Third -Party Beneficiary. It is expressly understood and agreed that enforcement of
the terms and conditions of the IGA, and all rights of action relating to such enforcement,
shall be strictly reserved to the Jurisdictions, and nothing contained in this IGA shall give
or allow any such claim or right of action by any other or third person on such IGA. It
is the express intention of the Jurisdictions that any person other than the Jurisdictions
receiving services or benefits under this IGA shall be deemed to be an incidental
beneficiary, only.
7. Amendments. Amendments to this IGA may be made only upon unanimous consent by
both Jurisdictions. Such consent shall become effective upon its receipt in writing at the
addresses set forth above.
8. Termination. Ether Jurisdiction may terminate this IGA, with or without cause, upon ten
(10) days prior written notice sent to the other Jurisdiction at the address set forth above.
9. Execution of IGA. This IGA may be executed by each Jurisdiction on a separate
signature page. Original signature pages will be held by the Weld County Office of
Emergency Management ("OEM") , at its offices at 1150 O Street Greeley, Co 80632, or
at such place as OEM shall determine. Copies of signature pages shall be provided and
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certified by OEM to each Jurisdiction, and such copies shall have the full force and effect
as if they were originals. OEM shall provide timely notice to all party Jurisdictions of all
additions to and withdrawals of party Jurisdictions, as well as timely notice of the
effective date of any amendment to this IGA.
Signed this 30 day of September , 2013.
ATTEST e'`'"`;1-1"-S-i:° i`"3":\ COUNTY OF WELD, a political
subdivision of the
State of Colorado
Weld County Clerk to the Board
By:
Deputy Cl' to the
ATTEST:
By:
4
B
uglas acher,V Chair Protem
Board of County Commissioners of the
County of Weld SEP 3 0 2013
COUNTY OF DOUGLAS, a political
Subdivision of the
State of Colorado
epel.,
B d of County Commissioners of the
County of Douglas
SCHEDULE A
MUTUAL AID REQUEST FORM
Name of Requesting Jurisdiction: Weld County Department of Human Services
Name of Responding Jurisdiction: Douglas County Department of Human Services
Nature and Extent of Emergency Disaster: Extensive flooding in September 2013 resulted in a
significant number of Weld County citizens temporarily or permanently losing their housing,
vehicles and personal belongings. Some of the areas most severely affected were low-income.
This means that most, if not all, of those citizens could be eligible for public assistance, or
already were receiving public assistance but will need additional support and services. To the
extent that Weld Human Services staff has been inundated with new work and some staff
members, themselves were affected by this disaster, Douglas County Human Services can assist
with processing applications and redeterminations using the Colorado Benefits Management
System (CBMS).
Description of Personnel and/or Equipment Being Requested: Approximately ten (10)
Human Services staff trained on processing public assistance applications in CBMS. Douglas
County staff will use their own computers and no additional equipment will be required. Douglas
County staff will process Weld applications and redeterminations during over -time hours using
the documentation provided by Weld and already available in CBMS. Douglas County will
invoice Weld $30.75 per case processed.
Expected Duration of Request: Douglas County Human Services will begin to process
applications for Weld County on September 26, 2013. This assistance will end on June 30,2014.
There is no guarantee of the number of cases Douglas County will be able to process for Weld
County during this period.
Contact Information for Supervising Personnel of Requesting Jurisdiction:
Judy Griego, Human Services Director
315B North 11th Ave.
Greeley, CO 80632
Telephone: (970) 352-1551
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