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Home My WebLink About20153783.tiff INTERGOVERNMENTAL AGREEMENT FOR MUTUAL AID- 2015 (Weld County) THIS INTERGOVERNMENTAL AGREEMENT FOR MUTUAL AID Agreement") is made and entered into this 23 day of November VIII ("Intergovernmental g ) 2015, by and between the Ault Fire Protection District, a Special District organized under the laws of Colorado with its principal place of business at 16680 Highway 14, Ault, CO, 80610, the Berthoud Fire Protection District,a Special District organized under the laws of Colorado with its principal place of business at 275 Mountain Ave., Berthoud, CO 80513, the Briggsdale Fire Protection District, a Special District organized under the laws of Colorado with its principal place of business at 95 Milton St., Briggsdale, CO 80611, the Eaton Fire Protection District, a Special District organized under the laws of Colorado with its principal place of business at 50 S. Maple Ave., Eaton, CO, 80615, the Evans Fire Protection District, a Special District organized under the laws of Colorado with its principal place of business at 2100 37th St., Evans,CO 80620, the Fort Lupton Fire Protection District,a Special District organized under the laws of Colorado with its principal place of business at 112I Denver Ave., Fort Lupton,CO 80621, the Frederick- Firestone Fire Protection District,a Special District organized under the laws of Colorado with its principal place of business at 8426 Kosmerl Pl.,Frederick,CO,80504, , the Front Range Fire Rescue Authority, a Fire Authority organized by intergovernmental agreement under the laws of Colorado with its principal place of business at 101 S. Irene Avenue, Milliken, CO 80543, the Galeton Fire Protection District, a Special District organized under the laws of Colorado with its principal place of business at 24852 First St., Galeton,CO 80622,the Greater Brighton Fire Protection District, a Special District organized under the laws of Colorado with its principal place of business at 425 S. Main St., Brighton, CO, 80601, the City of Greeley, a municipal corporation with its principal place of business at 1100 10th St., Greeley, CO, 80631, the Hudson Fire Protection District,a Special District organized under the laws of Colorado with its principal place of business at 702 Cedar St., Hudson, CO 80642, , the LaSalle Fire Protection District, a Special District organized under the laws of Colorado with its principal place of business at 118 Main St., LaSalle, CO, 80645, the Loveland Fire Rescue Authority, a Fire Authority organized by intergovernmental agreement under the laws of Colorado with its principal place of business at 410 E. 5th St., Loveland, CO 80537, the Mountain View Fire Protection District, a Special District organized under the laws of Colorado with its principal place of business at 3561 N. Stagecoach Rd., Longmont, CO, 80504, the New Raymer Stoneham Fire Protection District, a Special District organized under the laws of Colorado with its principal place of business at 229 Baird St., New Raymer, CO 80742, the Nunn Fire Protection District, a Special District organized under the laws of Colorado with its principal place of business at 487 Logan Ave.,Nunn, CO 80648, the Pawnee Fire Protection District, a Special District organized under the laws of Colorado with its principal place of business at 319 Chatoga Ave., Grover,CO, 80654,the Platte Valley Fire Protection District, a Special District organized under the laws of Colorado with its principal place of business at 27128 CR 53, Kersey, CO 806/14, the Platteville-Gilcrest Fire Protection District, a Special District organized under the laws of Colorado with its principal Page 1 of 31 2015-3783 EarYunkA41.-Lta-t.uak\ALL , Co la -/, bE&k a-(7 place of business at 303 Main St., Platteville, CO 80651, the Southeast Weld Fire Protection District, a Special District organized under the laws of Colorado with its principal place of business at 65 Gandy Ave., Keenesburg, CO, 80643, the Wiggins Fire Protection District, a Special District organized under the laws of Colorado with its principal place of business at 701 Central Ave., Wiggins, CO, 80654, and Windsor Severance Fire Rescue, a Special District organized under the laws of Colorado with its principal place of business at 100 Seventh St., Windsor,CO, 80550(each individually,a"Party" and collectively,the"Parties"). Page 2 of 31 RECITALS WHEREAS, in accordance with C.R.S. § 29-1-201, governments are permitted and encouraged to make the most efficient and effective use of their powers and responsibilities by cooperating and contracting with other governments; WHEREAS, in accordance with C.R.S. § 29-1-203, governments may cooperate or contract with one another to provide any function, service or facility lawfully authorized to each of the respective units of governments; WHEREAS, the Parties to this Intergovernmental Agreement are authorized to provide fire protection services,and in some instances, hazardous material,extrication,rescue,ambulance and/or emergency medical services within and without their respective boundaries; WHEREAS, the Parties strive to improve the emergency services provided within their respective jurisdictions and acknowledge that each may benefit from providing mutual aid to one another; WHEREAS, this Intergovernmental Agreement is intended to enhance the public service of the Parties and promote the safety,security and general welfare of the public; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, the sufficiency of which is hereby acknowledged, the Parties agree as follows: INTERGOVERNMENTAL AGREEMENT I. Definitions. a. "Assisting Party" means a Party providing or requested to provide mutual aid within the jurisdictional boundaries of a Requesting Party. b. "Emergency Incident"means a reported fire, emergency medical, rescue or hazardous material incident requiring an emergency response by a Party. c. "Mutual Aid" means the assistance provided by an Assisting Party to a Requesting Party on direct request of the Requesting Party. d. "Requesting Party" means a Party within whose jurisdiction an emergency incident has been reported and which is assisted by or has requested assistance of an Assisting Party. 2. Mutual Aid. Each Party agrees to provide Mutual Aid to another Party or Parties when requested; provided, however,that an Assisting Party shall provide Mutual Aid at its sole discretion and shall be excused from making equipment and personnel available in the event of a pre-existing or contemporaneous need within the Assisting Party's jurisdiction, or when insufficient resources are available to provide Mutual Aid. The decision to Page 3 of 31 provide Mutual Aid shall be made by the Assisting Party at its sole discretion, which decision shall be final and conclusive. 3. No Liability for Failure to Provide Mutual Aid. No liability of any kind or nature, whether express or implied, shall be attributed to or be assumed by a Party, its duly authorized agents or personnel, for failure or refusal to provide Mutual Aid. Nor shall there by any liability of a Party for withdrawal of Mutual Aid once provided pursuant to the terms of this Intergovernmental Agreement. 4. Pre-Approval. By signing this Intergovernmental Agreement, the governing body of a Party is hereby deemed to have approved the provision of Mutual Aid beyond its political boundaries,and any Mutual Aid provided pursuant to this Intergovernmental Agreement shall not require any further approval by the governing body of the Party. 5. Mutual Aid Period.The extent of the Mutual Aid period shall be twelve(12)consecutive hours from the time of initial dispatch of the Emergency Incident,unless extended by an additional agreement between the Parties. The initial dispatch shall be the first notification of the Emergency Incident; a Requesting Party may not circumvent the limitation on Mutual Aid by re-toning when Mutual Aid is requested or by using the time of notification of an Assisting Party. 6. Cost. Each Party shall be responsible for all costs, including wages, benefits or other compensation of its personnel incurred in the performance of this Intergovernmental Agreement through the end of the Mutual Aid period.Nothing herein shall operate to bar any recovery of funds from any state of federal agency under any existing statute. This Intergovernmental Agreement shall not be construed as to limit reasonable compensation, as defined in C.R.S. § 29-22-104, in response to hazardous materials incidents. The Requesting Party agrees that it will reasonably pursue any legal reimbursement possible, pursuant to state and federal laws and that,upon receipt of any such reimbursement(after subtracting the reasonable costs of pursuing and collecting the reimbursement), will distribute the received funds in a fair and equitable manner to the Assisting Parties based upon a pro rata share of their documented expenses. 7. Supplies. Each Party shall be responsible for providing fuel, potable water, food and other such normal consumable supplies used by its own personnel and equipment. The Requesting Party shall be responsible for providing for or reimbursing the use of firefighting foam, special extinguishing agents, medical equipment and similar consumables when use is requested by the Requesting Party or when such use is required by the Assisting Party. 8. Damages. Each Party hereby assumes all liability and responsibility for damage to its own apparatus and/or equipment,except when such damage is directly caused by another Party to this Intergovernmental Agreement. Each Party also assumes all liability and responsibility for any damage caused by its own apparatus while in route to or returning from an Emergency Incident. No Party shall be liable or responsible for the personal property of the Assisting Party's personnel which may be lost, stolen or damaged while Page 4 of 31 performing their duties under this Intergovernmental Agreement. A Requesting Party may,in its sole discretion,replace or reimburse the cost of an Assisting Party's equipment damaged or expended in providing Mutual Aid if requested by the Assisting Party. 9. Not a Replacement for Responsibility. Each Party shall be expected to maintain its equipment and organize its emergency response method with both personnel and equipment to the degree necessary to handle ordinary and routine Emergency Incidents occurring within its boundaries and for which the Party is organized.A Requesting Party shall not expect any other Party to respond to an Emergency Incident where the request arises due to a failure of the Requesting Party to organize available personnel or maintain equipment in reasonable working order and in sufficient quantity to meet the normal and routine needs of the persons and property within the Requesting Party's jurisdiction. Nothing in this Intergovernmental Agreement prevents two or more of the Parties from entering into contracts, automatic aid agreements or other methods to meet their responsibilities as agreed between those Parties. 10. Joining Parties.Each Party agrees to allow a municipal tire department, fire protection district or other governmental emergency response agency ("Third Party") to join this Intergovernmental Agreement after formal approval of the governing body of such Third Party and upon Amendment of this Intergovernmental Agreement to be approved in Po g g PP writing by all Parties to this Intergovernmental Agreement. Each Party agrees not to unreasonably withhold consent from Third Parties to join this Intergovernmental Agreement. 11. Cost Recovery and Reimbursement. Each Party agrees that, for each Emergency Incident within its jurisdictional boundaries for which it has requested Mutual Aid through this Intergovernmental Agreement, it will reasonably pursue any and all legal reimbursement possible, pursuant to state and federal laws, including but not limited to reimbursement for hazardous material incidents occurring within its boundaries, on behalf of all Assisting Parties,and upon full or partial payment by the responsible entity, shall distribute the reimbursement in a fair and equitable manner to Assisting Parties based on their relative documented expenses for the Emergency Incident.Each Assisting Party agrees to provide the party seeking reimbursement with an assignment or rights,or any other necessary instrument, to facilitate reimbursement efforts. 12. Governmental Immunity.This Intergovernmental Agreement is not intended,and shall not be construed, as a waiver of the limitations on damages or any of the privileges, immunities, or defenses provided to,or enjoyed by, the Parties and their councilpersons, directors, officers, employees and volunteers under common law or pursuant to statute, including but not limited to the Colorado Governmental Immunity Act, C.R.S. § 24-10- 101,a seq. (the "Act"). 13. Liability. It is the intent of the Parties that each Party maintains control of its equipment and personnel.As a result,the Parties do not intend this Intergovernmental Agreement or any performance of this Intergovernmental Agreement to constitute a"temporary duty" of a Party's personnel or equipment, and the provisions of C.R.S. § 29-5-108, do not Page 5 of 31 apply. Each Party agrees that it shall be solely responsible for the negligent or intentional acts or omissions of its respective personnel.Notwithstanding the foregoing, if a court of competent jurisdiction determines that the provisions of C.R.S. § 29-5-108, apply, then in any case where liability accrues to the non-negligent Party on account of any negligent or otherwise tortious act or acts committed by the negligent Party's personnel in the performance of this Intergovernmental Agreement,the negligent Party shall,to the extent permitted by law,reimburse the non-negligent Party for any such liability, including any judgments or awards imposed. Nothing in this Intergovernmental Agreement shall be deemed a waiver of any immunity granted under the Act, or confer any benefits to any person not a party to this Intergovernmental Agreement. 14. Liability Insurance.Each Party is responsible for determining and maintaining adequate levels of its own liability insurance. 15. Personnel Status. Nothing contained in this Intergovernmental Agreement, and no performance under this Intergovernmental Agreement by personnel of the Parties, shall in any respect alter or modify the status of officers, employees, volunteers or agents of the respective Parties for purposes of worker's compensation or their benefits or entitlements, pension, levels or types of training, internal discipline, certification, rank, or for any purposes or conditions of employment or volunteerism. Worker's compensation shall be as structured in C.R.S. § 29-5-109. Pension benefits shall be provided as set forth in C.R.S. § 29-5-110. 16. Equal Value.Each Party declares that the value of this Intergovernmental Agreement is equal to all Parties. 17. Severability. In the event that any part, term or provision of this Intergovernmental Agreement is found to be in violation or conflict with any federal or state law,the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Intergovernmental Agreement did not contain the particular part,term or provision held to be invalid. 18. Governing Law and Venue. This Intergovernmental Agreement shall be governed by and construed in accordance with Colorado law. Venue shall lie in the County of Weld, Colorado. 19. Binding. This Intergovernmental Agreement shall be binding on the successors and assigns of each Party, except that no Party may assign any of its rights or obligations hereunder without the prior written consent of all other Parties. Any Party that changes its name,consolidates or merges with another entity, or otherwise modifies its structure shall continue to be subject to the terms and conditions of this Intergovernmental Agreement,unless its participation is terminated in accordance with Paragraph 23 of this Intergovernmental Agreement. For avoidance of doubt, the failure of any named Party to execute this Intergovernmental Agreement shall not invalidate this Intergovernmental Agreement as to the remaining Parties hereto. Page 6 of 31 20. Release from Previous Agreements. The Parties hereto release and discharge all other Parties hereto from that Weld County Mutual Aid Agreement of 2002 between the Fire Protection Districts, Municipalities, and Fire Authorities of Weld County and their successors, and from any responsibilities,duties, rights and privileges thereunder. 21. No Third Party Benefit.This Intergovernmental Agreement is made for the benefit of the Parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the Parties under or relating to this Intergovernmental Agreement are not subject to the consent of any third party. 22. Term and Effective Date.This Intergovernmental Agreement shall be in effect upon the date of the first signature; and shall be effective for each Party upon their authorized signatures. Unless terminated by all of the Parties, this Intergovernmental Agreement shall remain in effect for so long as there are at least two Parties to this Intergovernmental Agreement.However,this Intergovernmental Agreement shall not extend beyond a term of 10 years beginning on the Effective Date unless otherwise amended as provided herein 23. Termination.All of the Parties may terminate this Intergovernmental Agreement at any time by written agreement of all of the Parties. Any Party may terminate its participation in this Intergovernmental Agreement at any time upon thirty(30) days written notice to each of the other Parties. 24. Execution. Each signatory to this Intergovernmental Agreement represents and warrants that they have the authority to enter into this Governmental Agreement on behalf of their respective municipal fire department,fire protection district,or governmental emergency response agency. 25. Amendments. This Intergovernmental Agreement may only be amended by written consent of all the Parties hereto. 26. Headings. Paragraph headings in this Intergovernmental Agreement are for convenience of reference only and shall in no way define, limit or prescribe the scope or intent of any provision of this Intergovernmental Agreement. 27. Construction of Agreement. This Intergovernmental Agreement shall be construed according to its fair meaning as if it was prepared by all of the Parties hereto and shall be deemed to be and contain the entire agreement between and among the Parties hereto. There shall be deemed to be no other terms, conditions, promises, understandings, statements or representations, expressed or implied, concerning this Intergovernmental Agreement, unless set forth in writing and signed by all of the Parties hereto. This Intergovernmental Agreement shall supersede all prior representations or agreements made between the Parties, either written or oral, specifically including that certain Weld County Mutual Aid Agreement(the "Mutual Aid Agreement") made and entered into in 2002,which shall be of no further force or effect upon execution of this Intergovernmental Agreement. Page 7 of 31 28. Counterparts. This Intergovernmental Agreement may be executed in counterpart originals,each of which shall be deemed an original, and each of which shall be deemed to constitute one and the same Intergovernmental Agreement. Additionally, a copy of an executed original Intergovernmental Agreement signed by a Party hereto and transmitted by facsimile or electronic mail shall be deemed an original, and any Party hereto is entitled to rely on the validity, authenticity, and authority of an original transmitted by facsimile or electronic mail. Page 8of31 [Signature Page to Intergovernmental Agreement for Mutual Aid(Weld County)] IN WITNESS WHEREOF, the Parties hereto have executed this Intergovernmental Agreement this 23 day of November , 2015. Y 6)e-hAZZA-' 11/23/15 Chief I, sident/Reprgdentative Date Evans Fire Protection District 11/23/15 Attestation Date Page 13 of 31 Hello