HomeMy WebLinkAbout20043569.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR EMERGENCY
MANAGEMENT AND AUTHORIZE CHAIR TO SIGN
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
Emergency Management between the County of Weld,State of Colorado, by and through the Board
of County Commissioners of Weld County, on behalf of the Sheriffs Office, and other statewide
jurisdictions, 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 Intergovernmental Agreement for Emergency Management between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Sheriffs Office 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 22nd day of December, A.D., 2004.
^��qq BOARD OF COUNTY COMMISSIONERS
4J El, MJ%4 �
IggI �;, .;' ,a,. Robert D. Masden, Chair
gel ' lerk to the Board
i William H. erke, Pro-Tem
eputy Cleykto e Board
M.Se
APF D AS
David E. Long
unty Attorney . vla1Zi
Glenn Vaad
Date of signature: L'1010 5—
2004-3569
SO0025
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INTERGOVERNMENTAL AGREEMENT FOR EMERGENCY MANAGEMENT
WITNESSETH THAT:
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 Section 29-1-203 C.R.S. (1986) and other sections of the C.R.S.;
and
WHEREAS, establishment of an intergovernmental agreement will serve a public purpose and
will promote the safety, security, and general welfare of the inhabitants of the jurisdictions; and
WHEREAS, the jurisdictions hereto are each authorized to provide, establish, and maintain
disaster emergency services as defined by each jurisdiction; and
WHEREAS, disaster emergencies may arise in one or more of the jurisdictions, resulting in
greater demands than the personnel and equipment of that jurisdiction can handle, and
EREAS, it is in the best interest of the jurisdictions that it may have service of and from the
oth r jurisdictions to assist it in reacting to disaster emergencies; and
WHEREAS, other jurisdictions who provide similar resources may in the future desire to be
included in this agreement, 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
WHEREAS, to receive the resources cited above, it is cost effective for each of the jurisdictions
to make available during disaster emergencies, its own resources to other affected jurisdictions.
NOW THEREFORE, IT IS MUTUALLY AGREED by and between each of the signatory
jurisdictions as follows:
1. a. This Intergovernmental Agreement is promulgated under the provisions of Article 1, the
relevant portions of Articles 5 and 22, Title 29, and 24-32-2105 C.R.S. 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 various jurisdictions, and the ordinances
and regulations enacted pursuant hereto.
b. It is understood and agreed by the jurisdictions hereto that if any part, term or provision
of this Agreement 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
<.?7a'y- 3s0 f
Page 2
Intergovernmental Agreement for Emergency Management
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
Agreement 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 24-32-2103 (1) C.R.S. Where terms and
words herein are not so defined they shall have the commonly accepted definition.
2 This Agreement 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
any jurisdiction as an agent of any other jurisdiction for any purpose whatsoever. This
agreement shall provide only for sharing or in-kind resources by the jurisdictions.
3. For and in consideration of the promises of each participating jurisdiction, each agrees with
the others that in the event there are disaster emergencies in the territory served by one
jurisdiction which are beyond the capabilities of that jurisdiction, each other jurisdiction,
subject to the limitations herein set forth, will assist the other, by causing and permitting its
resources to be used in responding to such disaster emergencies in the other jurisdictions.
The need for such assistance shall be determined by the jurisdiction requesting assistance,
subject however, to the following limitations:
a. Any of the signatory jurisdictions shall be excused from making their resources available,
or continuing to make their resources available, to any of the other jurisdictions, in the
event of the need of the resources of such jurisdiction within the territorial area of such
jurisdiction or any other jurisdiction, or their prior use at any other place. Such decision
of availability shall be made by the jurisdiction requested to give mutual aid, and such
decision shall be conclusive and in the providing jurisdiction's sole discretion.
b. Mutual aid response by any jurisdiction beyond the political boundary of the responding
jurisdiction is hereby deemed to be approved by the respective Executive and Legislative
governing bodies of the jurisdictions, and such response shall require no further approval
by responsible officials of any jurisdiction, except as provided by the limitations in
Article 3 — a. (above).
4. Each jurisdiction shall, at all times, be responsible for its own costs incurred in the
performance of this Agreement, and shall not receive any reimbursement from any other
jurisdiction, except for third party reimbursement under Article 7, and except as may be
negotiated and agreed to separately, in writing, by both the requesting and receiving
jurisdictions.
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Intergovernmental Agreement for Emergency Managers
5. 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 agreement, to the extent permitted by, and without
waiving any protection or other provisions of, the Colorado Governmental Immunity Act.
6. Each jurisdiction agrees to allow any other governmental jurisdiction defined under Colorado
law to join in this Mutual Aid Agreement after formal approval by its governing body and
notification by the depository cited in Article 13 of such action to each of the other signatory
jurisdictions to this Agreement. Each party who initially executes this agreement to the
office of the person executing this Agreement, or such other parties as they may further
designate in writing, the authority to execute such amendments as may be necessary in the
future to accommodate the jointer of new jurisdictions to this Agreement, without change of
any other terms or conditions of the Agreement.
7. Each jurisdiction agrees that it will reasonably pursue any legal reimbursement possible,
pursuant to state laws, for incidents including, but not limited to, hazardous materials
incidents, occurring within its jurisdiction, on behalf of all assisting jurisdictions. Upon
payment by the responsible entity, and after subtracting the reasonable costs of pursuing and
collecting the reimbursement, the receiving jurisdiction will distribute the received funds in a
fair and equitable manner to assisting jurisdictions, based upon a pro rata share of their
documented expenses for the involved incident.
8. Nothing contained in this Agreement, and no performance under this Agreement by
personnel of the jurisdictions hereto, shall in any respect alter or modify the status of officers,
agents, or employees of the respective jurisdictions 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 providing jurisdiction. The providing jurisdiction shall remain responsible for
processing any worker's compensation claims filed by their own resources.
9. This Agreement 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 two-thirds (2/3) of the other signatory jurisdictions.
10. It is expressly understood and agreed that enforcement of the terms and conditions of the
Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to
the named jurisdictions hereto, and nothing contained in this Agreement shall give or allow
any such claim or right of action by any other or third person on such Agreement. It is
Page 4
Intergovernmental Agreement for Emergency Managers
the express intention of the named jurisdiction that any person other than the named
jurisdiction receiving services or benefits under this Agreement shall be deemed to be an
incidental beneficiary only.
11. Amendments to this Agreement may be made only upon unanimous consent by all then
current signatory jurisdictions. Such consent shall become effective upon its receipt in
writing at the depository cited below in Article 13.
12. Any jurisdiction hereto may terminate this Agreement, with or without cause, upon thirty
(30) days prior written notice to the signature depository provided below.
13. This Agreement shall be executed by each jurisdiction on a separate signature page. Original
signature pages will be held by the Colorado Office of Emergency Management(OEM) or its
successor agency, at its offices at 15075 South Golden road, golden, Colorado 80401-3979 or
at such place as OEM shall determine. Copies of signature pages shall be provided and
certified by OEM to each party 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 Agreement.
INTERGOVERNMENTAL AGREEMENT FOR EMERGENCY MANAGEMENT
As outlined in the foregoing Intergovernmental Agreement, the below designated jurisdiction
executes this Agreement on the most recent date indicated below.
JURISDICTION: SL n n�
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Title: Lr l
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Approved as to:
By:
Date:
Approved as to:
By:
Date:
OTHER:
ATTEST AS TO SIGNATURES:
Title:
Date:
�' , , , r:, :.: rci of Caun:y C uirn ssioners
2 z
2004
COUNTY CLERK 1 THE BOARD
INTERGOVERNMENTAL AGREEMENT FOR EMERGENCY MANAGEMENT
As outlined in the foregoing Intergovernmental Agreement, the below designated jurisdiction
executes this Agreement on the most recent date indicated below.
JURISDICTION:
County of Weld kroATTEST: Leh
By: Robert D. Masden
eitLD URTY,GLEhKTOTHE BOARD
Title: Chair, Board of County Commissioners
EPUTY CLF:rvC TO THE BOARD
Date: 12/22/04 ate
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Approved as to: I xi
By: I ,::,•
I
Date: `�j�
Approved as to:
By:
Date:
OTHER:
ATTEST AS TO SIGNATURES:
Title:
Date:
•
Debra Miller
From: Bruce Barker
Sent: Monday, December 13, 2004 2:20 PM
To: Carol Harding; Debra Miller
Subject: FW: (IGA) Intergovernmental Agreement and Questions
Intergovagree.doc
(50 KB)
Please place the attached agreement on the agenda for
Thanks !
Original Message
From: Edwin Herring
Sent: Monday, December 06, 2004 4:38 PM
To: Bruce Barker
Subject: FW: (IGA) Intergovernmental Agreement and Questions
Here is an electronic version that I got from the Northeast OEM representative that he
sent to all emergency managers.
Original Message
From: Kevin Kuretich [mailto:kkuretichl@mindspring.com]
Sent: Friday, December 03, 2004 8:09 AM
To: SEDGWICK COUNTY FIRE DEPARTMENT; Paul Acosta; Pam Monsees; OVID FIRE DEPARTMENT; Mary
Terlep; Kevin Helms; Greg Preston; Glen Ohrns; Don Enninga; Denise Hase; Darrel Brenner;
Damon Lange; Byers Fire Dept./Sonia; Bryan Francone; Bob Walter; Barry A. Schaefer; Joy
Batt; Terry Bartruff; Steve Enfante; Roxie Devers; Roger Brown; Robert Owens; Randy
Schafer; Mike Dahl; Mike Burnett; Mark Thomas; Lorrie Atencio; LaRiea Thompson; Kim E
Schallenberger; Kevin Kuretich; Keith Kuretich; Jon Rosenlund; Jeff Schanhals; Gordon
Goldsmith; George Severin; Edwin Herring; Doug Round; Don Heer; Dean Stevens; Darcy
Janssen; Clint Goldenstein; Clancy Phillipsborn; Bonnie Franks; Bob Olme; Bob Glancy; Tom
Butts; Stanley Bush; Stacy Davis; Randy Councell; Patrick J. Sullivan Jr. ; Patrick Conroy;
Ron Uthmann; Michael Kercheval; Margie Martinez; Erik Nilsson; Don Sandoval; David Fisher;
Ray E. Sample; Bob Skillman; Jason Kingsley
Cc: CDEM NE Planner NCEM; Cheyenne County NCEM; Elbert County NCEM; Kevin Kuretich; Kit
Carson County NCEM; Lincoln County NCEM; Logan County NCEM; Morgan County NCEM; Phillips
County NCEM; Sedgwick County NCEM; Washington County NCEM; Weld County NCEM; Yuma County
NCEM
Subject: (IGA) Intergovernmental Agreement and Questions
Good morning,
I apologize for revisiting this issue, however I've received a few calls regarding the
(IGA/MOU) . . . . To those of you who have already signed the IGA, or it doesn't reflect on
your particular agency, please disregard
The purpose of the IGA is to support other jurisdictions statewide in the event of a
disaster, and local resources have been depleted.
This IGA DOES NOT replace those of which may be in affect at the local level.
This IGA will also complete the requirements set forth by the 2005 DOJ Grant requirements
and ROSS.
One question that you might ask yourself. . . Does your agency have legal signature
authority?
If you're agency/jurisdiction signs off on the IGA, please forward (1) original copy with
signature's back too me. . . And I 'll deliver it to the Colorado Division of Emergency
Management.
If you should have any questions, or concerns, please don't hesitate to contact me, at
970. 679. 4503
1
Debra Miller
From: Bruce Barker
Sent: Tuesday, December 21, 2004 10:51 AM
To: Debra Miller; Esther Gesick; Carol Harding
Subject: FW: Master Mutual Aid/Intergovernmental Agreement Signators List
For the agreement on the agenda tomorrow (12/22) .
Original Message
From: David Holm [mailto:David.Holm@state.co.us]
Sent: Tuesday, December 21, 2004 9: 14 AM
To: Bruce Barker
Subject: Master Mutual Aid/Intergovernmental Agreement Signators List
87 Total Signatories To Date-Many others Pending
State-1
Colorado
Counties-40
Alamosa
Arapahoe
Archuleta
Baca
Bent
Chaffee
Cheyenne
Crowley
Custer
Delta
Eagle
Elbert
El Paso
Garfield
Gunnison
Hinsdale
Huerfano
Jackson
Kiowa
Kit Carson
Larimer
Las Animas
Lincoln
Logan
Mesa
Mineral
Moffat
Morgan
Ouray
Pitkin
Prowers
Pueblo
Rio Blanco
Routt
San Miguel
Sedgwick
Summit
Teller
Washington
Yuma
1
Municipalities-30
Arvada
Boulder
Cedaredge
Delta
Eads
Englewood
Fountain
Glendale
Golden
Greeley
Greenwood Village
Haswell
Jamestown
Julesburg
Lafayette
Lamar
Northglenn
Orchard City
Ouray
Ovid
Ridgway
Sedgewick
Sheridan Lake
Sterling
Telluride
Vail
Westminster
Wheat Ridge
Woodland Park
Yuma
Districts-12
Arvada FPD
Crook FPD
Fairmount FPD
Fleming FPD
Foothills FPD
Log Hill FPD
Montrose FPD
Mountain View FPD
North Metro Fire Rescue District
Ridgway FPD
South Metro Fire Rescue District
Union Colony Fire Rescue Authority
Other-4
Colorado Bar Association
Denver Bar Association
East Phillips County Ambulance Service
South Y-W Ambulance Service
2
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