HomeMy WebLinkAboutbocc.con.324.2013 CONTRACT# 0V-0.0/3
EMERGENCY RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO A HOME RULE COUNTY ("PITKIN COUNTY")
APPROVING AN INTERGOVERNMENTAL AGREEMENT ("AGREEMENT") WITH THE
TOWN OF ESTES PARK ("TOWN") A MUNICIPALITY WITHIN THE COUNTY OF
LARIMER, COLORADO EACH A "PARTY" AND, COLLECTIVELY, THE "PARTIES"
FOR FLOOD RELATED AID
RESOLUTION NO. O ll , 2013
RECITALS
1. Intergovernmental agreements to provide functions or services, including sharing the costs of
such functions or services, or incurring debt, 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 County
Commissioners is authorized to approve intergovernmental agreements by Emergency
Resolution.
3. Flooding of epic proportions (the "Flood") led to a Presidential Declaration of Disaster
beginning on September 11, 2013, a State of Colorado Emergency Declaration declared on
September 12, 2013, a Local Disaster Emergency declared by Larimer County on September
12, 2013.
4. The Town is located in Larimer County and sustained catastrophic damage as a result of the
flooding ("the Flood of 2013").
5. The Parties desire to enter into this Agreement to provide a framework for Pitkin County to
provide Flood-related aid to the Town in accordance with Federal, State, and local laws and
the policies of any Federal, State, or other agencies providing reimbursement for Flood-
related work.
6. The BOCC finds 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
Town of Estes Park for flood related aid.
I
INIRC2pUCED, REAP AND ADOPTED AS AN EMERGENCY RESOLUTION ON THE
DAY OF _ r 2013 AND SET FOR CONFIRMATORY PUBLIC
HEARING ON THE DAY OFVGc-wc'&v( 2013.
NOTICE OF CONFIRMATORY PUBLIC HEARING AND TITLE AND SHORT SUMMARY
OF THE EMERGENCY RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON
/9, - 26 , 2013.
NOTICE OF CONFIRMATORY PUBLIC HEARING AND THE FULL TEXT OF THE
RESOLUTION POSTED ON THE OFFICIAL PITK COUNTY WEBSITE
www.aspenpitkin.com ON THE x.114 DAY OF 294-4. 20/ 3
CO '1FIRMED AT A CONFIRMATORY PUBLIC HEARING ON THE DAY OF
w✓c vya 2014.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER CONFIRMATORY PUBLIC
HEARING, IN THE ASPEN TIMES WEEKLY /—t6 - 20 'V
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFI IAL PITKIN COUNTY
w.
WEBSITE www.aspenpitkin.com ON THE /O-' DAY OF Cc. vG v 2014
AT . ST: BOARD OF COUNTY COMMISSIONERS
BY`, /U( By. _��.�, �(. .L
Je ette Jones George Ne man, Ch:ir
Deputy County Cler.
Date: b
APPROVED AS TO FORM: MANAGER APPROVAL
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John Ely, ey ,on Peacock, County Manager
cam/TRACT.#32V- 2d/3
. INTERGOVERNMENTALAGRFEMFNTFORMUTUALAID:ANDASSISTANCE •
ot This In veniinental Agreement ("`Agreement")' is Made and entered into this.
S day of o Y 2013 by and:between THE TOWN OF ESTES PARK,
- COLORADO, 'a municipal :corporation (the "Town");: and PITKIN COUNTY ("the'
"County");and shall beefTective on the date last signedbe low_
VJTINESSETH
WHEREAS,the Town and County each have certain resources and infrastructure that "
from time to time are impacted by natural and human-caused .events•Sat threaten public
. health,safety and welfare,ad the environment;,and.
WHEREAS, it is.essential that.neighboring communities. work together to share.and .
provide resources to one another during critical periods in emergencies when resources become
scarce,aS such resources are neee&sary to preserve life pmperty;tld. . '
WHEREAS,when one community provides such assiatanee to.the other,it supports the
. .ideology of the.".whole-.conuuumty"as emphasized by the Federal Emergency Management .
Agency.("FEMMIA"),and also builds a partnership with that May provide a reciprocal benefit in •
the event of fiiture.einergencies,and . " •
WHEREAS,it is necessary and desirable:that an apprepnate agreement be executed• —
for the exchange.of such mutual aid;and . .. .•
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WHEREAS, Sections 2941203'nnd 2433.5-713,.Colorado Revised Statutes, authorize:.
the patties to enter into an:iiitergovemmnental agreement for furnishing mutual aid;and ' '•WHEREAS, as a result of recent severe and historically mmprecedeoted flooding in
• Northern:Colorado Colorado'Governor Jahn.Hiekenl .
. Doper has declared'a dieastee emergency m . •
Larinler County,Colorado;and : -
WHEREAS;President Obama has also,issued a:disaster decleraation for Boulder,Adams, •
• Latimer Sind Weld counties, and ordered federal disaster relief be afforded to the fullest'eatent .
possible. er•existing law;arid.
REAS,the Town is located in Larimer County.and:sustained catastvphic:damage: . :
as a res t of the flooding("the Flood of 2013");and
WHEREAS,in light Of the foregoing.the parties have developed and desire to enter into
them agreements andcommitmetts.set forth below.
N, W,'THEREFORE, in.consideration of the mutual covenants herein,.the_ parties
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agree as follows:- ., • .•
1. >'auvisien of Mutual Aid: Subject to•the limitations and conditions. set
forth in; this AgreeinSt, the Town'and.County each:igree to work cooperatively and .•
collaboratively. tp provide.mutual aid; assistarare S:support, .in the form_ of personnel,
equipment,:vehicles, .materials and/or supplies, in order:to.prevent, minimize and'mitigate •
impacts:of'the Flood:of 2013'pr:rd.ated natural or human-caused events that significantly
• threaten public health, safety and welfare, . and cause or threaten to cause loss of life,
. serious :injury, 'significant• damage'to. property;.'or major barn to,public health or the' .
environment; and the resolution of ,'which:'.the requesting •party '.has declared • as .. . .
exceeding,its•abilities.
At the request of the Town,the County has bee •providing:such mutual:aid,and assistance to
the Town since the.occurrence of Flood of 2013, and,the provisions of the Intergovernmental
Agreement.are intended to encompass.both that:aid:and,assistance as well as snob-aid and,:
assistance thafthe County is providing atpresent,and may continue to.provide.to the Town in
the•future: With:regard to. aid and assistance already provided;he parties have.agreed in ' •
writing bn the nature and:value of such assistance and a memorandum-of that agreement is
- attached hereto as Exhibit"A":.The.nature and value'of.additional assistance shall.leivise.be .
agreed gpop by.thepaitieg and suck:agrement shall be siritilaiiydocumented.
• • 2. : RerruestS for Aid and Assistance.:A request'frit aid of atsistaneeinay.be .
.. initiated by oral commrmicatieffi between the parties,hut must be doamiented in writing as
( •• early a4 practicable. To the extent.applicable,. the provisions Qf this Intergovernmental
' Agreenisid shall.snstitirte this documentation between,the paieies with regard toi the Flood.-.• •
of 20-13;Phased or additional requests, ortbangeatorequests,'.maybemade;.but mutt,also- .•
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be documental in writing:a s• early as practicable. To the extent :known by • the
ing party, the •_request.for:assistance will identify,the`location where assistance
is needy identify the persons) to which the responding party's personnel will report,and . •
identify'..the amount .and type of.
personnel, .equipment;materials .and/or supplies. needed,
and a {'easopable. estimate..of the duration of such Peed. Neither'party..is.,underany•
obligation 'to render aid or assistance.'' The :responding party Will: communicate
information about the availability of'resources.to"the requesting part'within: twenty-four •
(24)hours from the initial request.. . '
. Authorized remesentatnMaiReaponse. In.connection with each request for '
assistaje
each_party shall designate an authorized representative.to be•responsible for
man g such partyt.response end.mm?^management of the cooperative activities hereunder
(the " thorized representative"):,The authorized 'representative for the responding party .
shat! ervise the responding.party's personnel; and shall•decide the number of'hours
' worked by those personnel: The authori7.edrepresentative for the requesting party shall
direct coordinate all activities: The'responding party.may withdraw.some or al.of its, .
resoure at any time,,and may refuse to.perform requested ads.it deems.inappropriate or . ..
' that it i unable to p..ifcartr,under.the,circumstances:•The responding,patty's,authorized
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- r rese tive shall remain in c of all personnel and resources.assigned.to him or her'
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to•assist,in providing aid and shall be responsible.for detenmtmg that appropriate staffing .
training..and supervision are or have"been provided" to those rendering assistance.on " .
. behalf of the responding party. In any event, the responding party shall,:not be considered
the employee or agent of the requesting party-' .:
4:' Additional Responsibilities. •
A.Compliance with all Applicable taws. •
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Bach party shall be responsible at all times'.for compliance with.all laws and._-.
regulations applicable to its actions.hereunde Each party must; upon,request by the
other'party, 'Make:ayai1able on'a reasonable.. basis such information.as may be.
required:to ensure or show contpliance with.local,'state and;federal laws, except as''
Otherwise prohibited'
p. SafetyPolicies.
•
The requesting party shall provide •safety policies and procedures to•the
responding party, and.the"responding party must abide by"them in the course of
Providing aid and assistance hereunder
G,Materials Management.
The requesting.party..shall be responsible for the cleanup,•removal, and
disposition of any"substances.generated, managed or requiring disposal" in the'
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course of an event of assistance to the requesting.party.
b.Provisions. •
The requesting party" shall supply reasonable'' food and shelter for the •
responding party during.the period of assistance: •If'the"requesting.party cannot
provide food and shelter. fqr .the responding party,' the responding .party is
sized to secure:the.resources necessary to Meet the needs"of its personnel,'
e test for such resources'must not exceed the'state.pei diem rates for that area.
The requesting party may'.be responsible for reimbursing theresponding party for
costs associated with providing food and shelter, if the requesting party does
of provide such resources.
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Nondisariminatia.
No person with responsibilities in providing services or the operation of any
iviries under this Agreetnnait.:will unlawfully discriminate against persons being
"steel or requesting assistance on the basis of race, color, national origin, •
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age,."sex,;.religian, handicap, political_ affiiiation'or_beliefs, or any other unlavll,: .:
basis..' . .
F.Public Information. ,.
All •information regarding the •incident shall• be .channeled through, or .
' eoordinaed. 'with,. the :requesting "party's designated".:emergency manager .or:: .
eoordtnatot:"
b= Reimbursement foe Ceara and Expenses :`: ' : • ,
' the.parties agree that with-regard to the aid and assistance already pmvided to.the ' •
. .Town by the'County.in connection with the Flood of 2013;.and of futtn'e.aid and assistance,
the follw!ing pr.ovisions"shall,apply,unless'specifically modified by:an agreement made apart. .
.of.this intergovernmental Agreement..or a subsequent,agreeingpti with regard thereto; as .•
outlinedlin,Paragraph 1 •
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'A.Personnel:. ....."
: The responding .party shall pay its personnel, for. worse completed daring a
- • specified period"'of assistance according,:to .the.:terms" provided in applicable,• -
' employment contracts or'other conditions:of'entployinent The responding party • .
. mast keep accurate records of work pi .�fuiured by personnel during the specified_ --•
Period.of assistance:.If the'parties have agreed to reimbursement for personnel,the.. • .
repeating party chill reimburse the responding.party.for'; all "personnel costs, . .
'. ' including'Salaries, hourly wages , costs for.fringe benefits, and 'indirect'.costs, .as.', ..
applicable.
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B.Equipruant
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If the parties have agreed. to reimbursement_ fir.equipment, the,requesting
party 019U reimburse-the responding ply for.the.use:of its equipment during the •
• period of assistance according te the Schedule of Equipment Rates established.:and -
published by.. •the •Federal Emergency " Management Agency ."(FEMA)>. .
' '"Its /wdvt',femagov/xls/governmentinteat/pa/egscli.a"ls." Rates for equipment not
.referenced en the FEMA Schrd,ile of Equipment Rates"v-Halt-be developed based on
actual recovery of costs
. '.Materials"arid Supplies:
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if.the parties have agreed .tn reimbursement for.materials and supplies, the
r nesting patty.shall.reimburse_the responding party. for use of expendable or non-
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. returnable :materials .and.•supplies,.. either by•replacement.. iii kind. or_ at actual .
replacement cost;plus handling..charges..The responding.pally shall not charge,the .- .
• 'requesting:'party'for.materials,'supplies.attd:iepsable items that are-retuned'to the :
responding: party.:in a•clean; damage-free condition- Reusable supplies that are • •
•marred• to the responding-:pairty..with,damage must be. treated as.expendable .
. . supplies for purpose"§of cost reimbursement -
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f if•the•Parties have that :the will reimburse the
responding•party; the responding:party •shall• provide an itemized bill•to the
r uesting:party:for all reimbursable expenses it incurred as a:result of providing.
• ' assistance. under this,Agreement:Ile responding party must send the itemized:bill , .
t later.thaa'mnety.(90) days':following:the end of.the.period of assistanoe.'The. . ..••
seating party must :pay the.bill in full on.or before•the:forty-fifth• (45th). day
following the.billing date:,Unpaid.bills become delinquent'on the.forty:sixth (46th) ' , • '. •
' d ty following 1.01e billing,data, and;once delinquent,the bill accrues interest at the t. •
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bunk pnm loan i te;.as'reported'.intheFederal.,ReserveStatistical'Release.$15, . • '
://www.fedesnliesertegovireleases/4l5/Undato goo%;elcasavlHl;5/update for...the •date the :request is
e,plus two percent (2%) pet annum,:Computed :on an actual days/actual days
'2 Additional terms and provtsipYs. . .. : •`.' .. . . --
. •In'addition to the foregoing terms end conditions„the''Town and County '
e that:the.follow .
wing enumerated terms'and conditions sBall;appty With regard.
j the aid and assistance relating to the Flood of 2013:Where inconsistent with the.
•Zrms and conditions'set forth above,these enumerated terms and conditions shall
ntrol.
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6. Cooperation regarding cost reimbursement The parties agree that they shall
cooperate with one anothdt in fomnilating.applications.for'reimbursemettt to any Federal, .
• agency in connection with the Flood off 2013...The parties'likewise•agree that they shall
cooperate with on another.in :fury documenting tfie•nature,:amount and costs:of aid and
aasiater provided under. the provisions' of:this'.Intergovernmental• Agreement Such. .
, cooperatron shall include,but shall not be limited to compliance with'the•any Federal agency' •
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- , policies noW In•affect of.subsequently.adopted by such agency with regard reimbursement
applicetioas. . . ' . . . " .. . .
• 1 . lhsuranct The responding ,party shall'maintain workers• compensation
cover for its employees,.automobile liability coverage-.for its vehicles and equipment,
and general.liability,public official's liability, and law enforcement liability insurance, as •
: applicable. Any'uninsured or extraordinary: expenses"may be a part of claimed costa for. •
• 'reimbursement:The requesting party agrees-to maintain adequate liability insurance under . •
state la
No Liability- A responding p,uty.providing aid pursuant to this Agreement
shall no be liable to the requesting.:party 'for any act of omission done or caused by it or
"any,of' officers; employees,"agents or volunteers in good faith and"within the scope of
. the 'regtest for.assistance; while.so.engaged:. The.'requesting party agrees to.release the
:respondingparty from liability forany and all claims,.demands or causes of action•accruing '.
while a responding party's personnel`and'equipment are working.under the-direction of
the prized representative of the requesting party,•except to the extent such claims,
demo of.causes of action are the result of gross nogligence.:or intentionally wrongful.
acts on the•part of the responding".party:,.Nothing 'herein.is intended as•a.waiver of the
privileg and protections of the Colorado•Govermuental Immunity Act, Colo: Rev..Stet Sec. .
24-10-1 1 et Seq. .` .
' :Recall:of Personnel: The responding party reserves:the right.to recall its
perso , el,equipment;material's,supplies and other resources at any time..'The.responding party
' will,gi :e.the requesting.patty at least twenty-four(24).hours advance notice.of its intent.to
wi those resources.. If such notice is not practicable,the responding party will give the '
requesting partythe must immediate and.earliest possible noticed the recall..
0. .Other Agreements: .This Agreement is not intended to supplant or supersede
. pre- etc sting mutual aid agreements between the parties and third parties nor deny the right of ' .
any . hereto to negotiate supplemental mutual aid agreements with each other or with third '
parties .
1. .Modification/Termination. .This Agreement may be updated,modified,revised or
. renego ed:at any tune by written agreement signal by each party:hereto, to"accommodate .
Chan? g conditions.Hither".party may terminate this Agreement for any reason'up'on:not'less
than .. (34)days written notice to.the.other party. '
12. Notices: Whenever a•notrce'is either required or permitted to be given ender ..
this A 1 ent;it shall be'given in writing and delivered personally,or:deliwted by.the postal
service certified moil, return taxi?' requested, to the other party at the address indicated -'
below, .rat such"other"address as miry bedesigpated by.snclipaity: ..
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•,. .,.. ; ., . ., ,. ' , • , .. . : • :
Officeof the Co untvtYommissioners
If Pitkin:County: 530 East Mail.Street 3 Floor
Aapen,CO'.81.611.
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to Estes Perk: ' . '. ' .:. . free of theTown.Ailnuxustrator
Town Hall,koom 150 .
170 MacGregor'Ave;.
P.O.Boxl200 -
' Estes Party'Colorado '80517
• 12 'venting Law: This Agr�ent shaft 'be construed and enforced'.in . .
with an governed_by the laws of.the State.of Colorado;.without giving.effect to its conflicts
, oflaw visions
' -_ 3.. Waiver of Breach--Effect. No waiver:of tow breach of any term:of provision..
of this emeat•ahalll be construed to be,nor shall be,for.any purpose;a waiver of spy breach
of any then previsran.hereof or of a continuing or subsequent breach of the same provision. .
No. - ershalt be valid unless in writing and.signed by the.party waiving the breach.
:. . . .. i 4. NO'Third y .d PantBeneficiaiv.: . 'rhe. terms.'a=td conditions .of-this Agreement;
.and•all 'gists of action. relating:thereto,•are strietly'.reserved.to the parties, and nothing. in . .
this ....; shall:dye or allow ally claim or right or cause of action whatsoever by any:_._
. ., other •n not a party to this Agreement; Any.,person'.and/or.entity, other than the
. parties, receiving services or benefits under_this Agreement shall be deemed an inmdental, ': '
bane wary w ly. : . .
5 Severabilrty, •Should any portion of this 'Agreement be judicially determined . •
to be.il egal or unenforceable,the remainder of the Agreement shall continue in.fill force
and effect, and the parties Will renegotiate any terms affseted`by the severance_ :
:16:. Non-appropriation .A11 obligations of, each party .hereunder are ,
.expres y contingent upon 'the annual appropriation of funds sufficient and intended to
carry o' the same'by the governingbody of such patty„in its sole discretion.
' i 7. Counterpart and Facsimile Signatures This Agreement' may be executed in
° two or .I Ire counterparts, each of which shall. 'be ,deemed an original, but•all':of
which together shall constitute one and the sane Agreement. Signatures may be
. deli t by facsimile copy. Facsimile signatures are binding on the parties as'if they were .
angina s. . -
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VITINESS WHEREOF, the patties hereto have entered into this Agreement as of the •�
date last forth below..
ma •' :OF ESTES PAJkK. COLORAP)O
Frank Lancaster, Town Administrator
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r. a..ctedc
CO .. O• ITK N
A.ti,' 4-, -f - 2c'13. .
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A Approved as to Form:
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