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Home My WebLink About20132911.tiffRESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR PROVISION OF MUTUAL AID DURING DISASTER EMERGENCIES AND AUTHORIZE CHAIR TO SIGN - PITKIN 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 an Intergovernmental Agreement for Provision of Mutual Aid During Disaster Emergencies 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 Public Works, and Pitkin 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 Intergovernmental Agreement for Provision of Mutual Aid During Disaster Emergencies 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 Public Works, and Pitkin 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 11th day of October, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD C J{VTY, COLORADO ATTEST: Weld County Clerk to the Board BY: Deputy°Clerk to the Board APP. atDAST • C. un % Attorney Date of signature: OCT 2 2 2013 Gu L� Douglas Radem Sean P. Conway e Freeman CUSED arbara Kirkmeyer �'fr/ 1 ,�' ,ol 5 ee . (�S CAS F Aar; 434 cam, O c+1 /3/4t6 2013-2911 BC0045 INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF MUTUAL AID DURING DISASTER EMERGENCIES THIS INTERGOVE NTAL AGREEMENT ("IGA") is made and entered into effective as of the 9g, day of 441/ , 2013, A.D. between the COUNTY OF WELD, a political subdivision of the St of Coloradg, whose address is 915 10th Street, P. O. Box 758, 0-40Greeley, CO 80632, and Candy , with address of ri ? I- Ma. 5 ice *5; 94perA eV 0/4// . 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. 1 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. 2 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 certified by OEM to each Jurisdiction, and such copies shall have the full force and effect 3 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 /� day of Cd0621' , 2013. AllECOUNTY OF WELD, a political Weld County ST: �e or J�,. subdivision of the Weld ty Clerk to a Boar State of Colorado By: Ate: B ll"�f�Sf: a' .' 01 * s 1. a' i u,�y ai�+iaissincefs By: N - William F. Garcia, Chairman Board of County Commissioners of the County of Weld T /r/d, k (Name of Jurisdiction.) By: gun, .e rUJu VI A) Title: C WVA 4 ays 012v/ EMERGENCY RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, A HOME RULE COUNTY, APPROVING AN INTERGOVERNMENTAL AGREEMENT ("AGREEMENT") WITH THE COUNTY OF WELD, A POLITICAL SUBDIVISION EACH a "JURISDICTION" OF THE STATE OF COLORADO FOR THE PROVISION OF MUTUAL AID RESOLUTION NO. en- , 2013 RECITALS 1. 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, relevant portions of Title 24, Article 33.5, and other sections of the Colorado Revised Statutes. 2. Pursuant to Section 2.8.5 of the Pitkin County Home Rule Charter the Board of @ounty Commissioner is authorized to approve intergovernmental agreements by Emergency Resolution. 3. The Jurisdictions are each authorized to provide, establish, and maintain disaster emergency services as defined by each Jurisdiction. 4. 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. 5. 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. 6. 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. 7. 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 intergovernmental agreement 8. The Pitkin County Board of County Commissioners fmds that adoption of this resolution is necessary for the immediate preservation of the public health, safety and welfare of the citizens of the flood related area. NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that the Chair be authorized to sign the Intergovernmental Agreement with the County of Weld for the provision of mutual aid. 1 INT 9DUCED, RE ADOPTED AS AN EMERGENCY RESOLUTION ON THE DAY OF ✓ 2013 A SET FR CONFIRMATORY PUBLIC HEARING ON THE o DAY OF az; ✓ 2013. NOTICE OF CONFIRMATORY PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE EMERGENCY RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON /t -V , 2013. NOTICE OF CONFIRMATORY PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PITICZT COUNTY WEBSTT'E www.aspenpitkin.com ON THE .-341 DAY OF (ict-che i' 2013. C NFIRMED AT A CONFIRMATORY PUBLIC HEARING ON THEE' DAY OF ay 2013. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER CONFIRMATORY PUBLIC HEARING, IN THE ASPEN TIMES WEEKLY //-/ Y! -AO/ 3 POSTED BY TITLE AND SHORT SUMMARY AON THE OFFI�I COUNTY All WEBSITE www.aspenpitkin.com ON THE , DAY OF�_yy((/l'i• y 2013 ATTEST: By /' Gel Je. tte Jones Defuty County Cle BOARD OF COUNTY COMMISSIONERS atad by: APPROVED AS TO FORM: John Ely, County Attorney George Ne Date: MANAGER APPROVAL Jon Peacock; County Manager 2 Donna Bechler From: Trevor Jiricek Sent: Thursday, October 24, 2013 4:49 PM To: Donna Bechler; Esther Gesick Subject: FW: Scanned from a Xerox multifunction device Attachments: Scanned from a Xerox multifunction device001.PDF Esther and Donna, Pitkins IGA! See the note below. THANKS! Trevor Jiricek Director Environmental Health and General Services 1555 N. 17th Avenue Greeley, Colorado 80631 Email: tiiricek@co.weld.co.us Office #: 970-353-6100, Extension 2214 Fax #:970-304-7226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Valerie MacDonald [mailto:valerie.macdonald@nitkinsheriff.com] Sent: Thursday, October 24, 2013 4:30 PM To: Trevor Jiricek Subject: Fwd: Scanned from a Xerox multifunction device Hi Trevor WooHoo, attached is your signed IGA with Pitkin County! Once your County has signed it please send a copy back to me. Thanks very much and good luck Trevor. Valerie MacDonald Emergency Manager Pitkin County o.970-920-5234 c.970-379-6748 valerie.macdonald@pitkinsheriff.com 1 Donna Bechler From: Sent: To: Subject: Trevor Jiricek Tuesday, October 22, 2013 4:43 PM Donna Bechler Fwd: Pitkin IGA FYI Sent from my iPhone Begin forwarded message: From: Valerie MacDonald <valerie.macdonald@pitkinsheriff.corn> Date: October 22, 2013 at 4:42:05 PM MDT To: Trevor Jiricek <tjiricek@co.weld.co.us> Subject: Re: Pitkin IGA Hello Trevor, Our County Manager said it is scheduled to be signed by BOCC Chair tomorrow. It usually takes another day for me to get it. Thanks! On Tue, Oct 22, 2013 at 1:29 PM, Trevor Jiricek <tjiricek • ,co.weld.co.us> wrote: Val, Any word? Sent from my iPhone On Oct 18, 2013, at 11:07 AM, "Valerie MacDonald" <valerie.macdonald@pitkinsheriff.com<mailto:valerie.macdonald@pitkinsherif£corn>> wrote: Hi Trevor, I meet with the County Manager and Assistant County Manager yesterday afternoon. I went over the Weld info and explained the situation. Our County Manager is going to talk to our attorney and get it signed. Ironically we will probably have our equipment back before it happens. Anyhow, I won't rest until I get it to you! Sony for the delay and have a good weekend. Valerie MacDonald Emergency Manager Pitkin County o.970-920-5234 c.970-379-6748 valerie.macdonald@pitkinsheriff.com<mailto:valerie.macdonald@pitkinsheriff.corn> [http://dl.dropbox.com/u/417414/logos/EM Logo black RGB.png] t Valerie MacDonald Emergency Manager Pitkin County o.970-920-5234 c.970-379-6748 valerie.macdonald@pitkinsheriff.com 4)%11K IN COUNT' EMERGENCY MANAGEMENT Hello