HomeMy WebLinkAboutbocc.res.099.2013 CONTfACTO AV gen
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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. 0 fly( , 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.
INTRODUCED, REAP AND ADOPTED AS AN EMERGENCY RESOLUTION ON THE
DAY OF _ r 2013 AND SET FOR CONFIRMATORY PUBLIC
HEARING ON THE • DAY OF CO_wvcL v 2013.
NOTICE OF CONFIRMATORY PUBLIC HEARING AND TITLE AND SHORT SUMMARY
OF THE EMERGENCY RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON
, 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 2144 DAY OF 2944. 20! 3
COFIRMED AT A CONFIRMATORY PUBLIC HEARING ON THE DAY OF
c- (.c,w.l0.r y 2014.
PUBLISHED B�/lY� TITLE AND SHORT SUMMARY, AFTER CONFIRMATORY PUBLIC
HEARING, IN THE ASPEN TIMES WEEKLY 7—to - 2 c /c/
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFI IAL PITKIN COUNTY
WEBSITE www.aspenpitkin.com ON THE /O-m' DAY OF 6: uC. v 2014
AT . ST: BOARD OF COUNTY COMMISSIONERS
B} ! By. L' A t. . 1,
Jel lette Jones George Ne man, Ch.:it
D puty County Cler.
� Date:
APPROVED AS TO FORM: MANAGER APPROVAL
John Ely, ifsey on Peacock, County Manager
Cal/TRACT#52V-20/3 '
. INTERGOVERNMENTAL AGRFEMENTFOIt1%TL7TUALAID:ANDASSISTANCE ' "
ot This In verninental Agreement=("Agreement") is made and entered into this. .
/ day of Lek :mx ba.r,, 2013 by and:between THE TO.'WN OF ESTES PARK,
'• COLORADO, 'a' municipal :corporation (the "Town");: and PITHIN COUNTY ("the
"County";and shall beeffective on the date last signed below. • .
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: . WITNESS$TH
• WHEREAS ,the Town and County each have certain resources and infrasn ieture that " : •
'from.Mite to time are impacted by natural and human-caused .events thit threaten public
. health,safety and welfaie,.and the environment; and: .
WHEREAS, it is.essential that neighboring commumtiea work together to share.and . .
: provide resources to one another during critical.periods in emergencies when resources become .
• scarce,as such resourcesarenecessary.to'preserve'lite.and property;aald. .'.
.• WHEREAS,when one commiutjty provides sgch•as$iatance to the other,.it supports the .
. .ideology of the,"whole.opmmuaity"as'emphasized by.the Federal Emergency Management '
Agency("FEMA");.and also builds.a partnensbipwith that inaypreivide a reciprocal beuefitin •
the event.offutuie.emergencies.and'. . ;
WHEREAS,it is necessary and desirable.that an appropriate:agreement be executed . ' _-
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for the exrliatige.of such mutual aid;.and' .
WHEREAS, Sections 24 1k203'and 2443.5-713;.Colorado. •Statutes, authorize:. . '
the parties to enter into an ititergovemmental agreement for firrm hang mutual aid;and
. WHEREAS, as a result of recent severe and historically uutinecedented. flooding in
• Northern:Colorado,Colorado Governor John Hielcenlooper has declared a disaster emergency in . ,
Latimer C ounty,Colorado,and
• WHEREAS;President Obama has also issued a:disaster`declaiation for Boulder,Adams,
'. Larirner '' Weld:counties, and ordered federal disastec.relief be afforded to thefhlteat'extent
possible. deradating law;and.
REAR,the Town is located in lariiner bonnty.and:sustainedt catasbnpliie damage: .
as a res t of the flooding("the Flood of 2013');and
REAS,in light pfthe foregoing,'.the parties have developed and desire-to enter into
the mu , agreements and cwmmitiaents.set forth below. .
N W,'THEREFOR& in.consideration of the mutual covenants herein,,the parties
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egret as follows:.
I. Provision of Mutual- Aid. Subject to the luoitations and conditions .set
forth in: this Agrersnrpr, the Towh•and.County each. 'agree to work cooperatively. and .. -
collaboratively. M.provide.mutua' aid;assistance nd.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 or.related natu al.or';human-caused events that significantly •
'threaten public health;-safety and welfare, . and cause or threaten to,cause loss of life,
. . serious injury,y significant• damage'to...property,.Cr.major harm to public health or •the.• .•
environment; and the. 'resolution of .which:'.the requesting -party has declared • as• • . . ,
exceeding its abilities. '
At'the request ofxhe town,the County has been providing:such uiutual: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 such:aid'and . . ...
assistance tha•the County is providing at present,and may'contiiirie 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 Ind.-value of such assistance and a memorandum.of•that•ag{ee{nert is
attached hereto as Exhibit :.The.nahse and value of.additional assistance shall.lrkcewise.be. .
agreed Upon by.the;parties and such:agreement shall be similarly documented_
• -I. ' Requests for Aid and Assistance::A request'S aid or assistance*The,
initiated by oral.communications between the parties,.but,must be documented in writing es
•• early 0 practicable. To the extent.applinable,. the,provisions•.of.this Intergovernmental •
' Agreem'ent shell.constitute this documentation between.the parties'-with regard to the Flood
of 2013,Phased pr'additional.requests, or changes to requests,may be made;.but.most also• . .
• be documented m wasting:as•early as practicable. To the extent :known• by the Iv.
. requesting party, the `request for:assistance will identify.the:location where assistance
is needed; identify the persoii(s) to•which the responding'partyrs personnel will report;and -
identifyi.the amount and type of.persomtel, equipment;materials:.and/or supplies. needed,
and a reasonable, estimate'..of the:duration :of suds Peed:'Neither patty..is..under.arty• •
obligation 'to render aid or assistance. The responding party will: commnuicute
information about the availability of resources:to'the requesting part within:'twent faux
. (24)ho}rrs fivm the initial request, .
Authorized xenresentatives/Response, En.conneotion with each request for
assistan , each party shall designate. an authorised representative.to be responsible for
mane - g such party response and management of the cooperative activities hereunder
(the " thorized-representetiVe'.'): The authorized representative for the responding party
shall "se the responding.party's personnel; and shall-decide the number of hours
• worked b
y those personnel: 'The:aiitliori?ed icy■eseirtetive fur the requesting Party shall
direct coordinate all activities: The responding party.may withdraw.some or'all'.of its.
resoure at any tune,,and may refuse to perform.requested,ads.it deems inappropriate or . .
' that it i unable to perform under_the.circumstances: The responding.patty's authorized
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• represerjtative shall rem,ain in charge of all personnel and resources assigned to,hint or her
to assist;in providing aid and shall be responsible,for determining that appropriate stiffing,
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 pay
• .4:' Additional Responsibilities..:`. . . :
A. Compliance with all Applicable laws.
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. Each party shall.be responsible at all times.for.'compliance with all laws and
r gulations.applicable:to its actions.:hereunder. Bach party must; upon,request by the
either:party, 'Mahe':available on•a reasonable,. bass's such information.as may "be, "
re4uued:to ensure or show compliance with ocal, state and federal'laws, except as
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otherwise prohibited.'
B. Safety Policies..
The requesting party shall provide safety policies and procedures',to•the• '
• raponding party, and.'the .responding party must abide by them in the course of
providing aid and assistance hereunder.
- C,Materials Mw{agement. . .
The requesting,party.-shalt be responsible for the cleanup, removal, and
• disposition of any substances 'g{:neaated, managed or regturutg despoial in the
course of an event of assistance to the requesting party.
1).Provisions,. .'.
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The requesting: party shall supply reasonable' food and shelter for the
responding party during the period of assistance: •If'the requesting-parry cannot
provide food and shelter. fur the responding party,' the responding .party .is .'•
thorized to secure the resources necessary to meet the needs of lts:pemonnel.
• rust for such resources'must not exceed the state per diem rates for that area
e requesting party may be responsible for reimbursing the:responding party for
• costs associated with providing food and shorter, if the requesting party does
lot provide such resources.
'.Nondiscrimination.
No person with responsibilities in providing services or the opetation of any
ivities under this Agreetnent.;will unlawfully discriminate against persons being •
silted or requesting 'assistance on the basis of race, color, national origin, •• .
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age,, sex,'religion, handicap, political. alliliation'or belies, or any other uglawful ; .:
basis..
. . •F'..Public Information .
All information'regarding the iaeident• .shall be .channeled through,, or " ..
coordinated with,. the :requesting party's designated.:emergency: manager ot .
toorditrator:.
$: Reidrbursernent for Costs and Expenses: • . ..
the:parties.agree that,with regard to the aid.and::assistance already.provided.to:toe::
Town:by the'Canty.in connection with the Flood of 2013;,and•all future,aid and assistance, •
the follbvnng provisions shall apply.unless specifically modified by:an agreement made apart.
. .of this ¢ntergavernmeital Ageemeat. or.!.a subsequent,agreement.with regard thereto;•es . . •
outlinedlin Paragraph l:.. .
A Peflonnelr'
. The responding party shall pay its personnel for work completed daring a
specified• .period of assistance according to •the temps' provided in• applicable,•• employment contracts or other. conditions of eniploynent The responding party • . ••
• must keep accurate records of work performed by personnel during the specified
'. •ppriod.of assistance:,If the'patties have agreed to reimbursement for personnel; the. .`. • .
fyquesting party till'reimburse the responding.party .for: all personnel costs,
iucluiling;salaries, hourly wages, costs for fringe benefits,.and•'indicot ..costa; .as.' ..
_ a�7p11C2�1e: - . . .. .. .
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Is.Equipment
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If the parties have agreed to:reimbursement fir.equipment, the requesting
party.shall reimburse the responding party for th'e.use of its equipment .during the
period of assistance according to the Schedule of Equipment Rates established.and.'
published by• .the Federal Emergency Management• Agency (PEMA),
' . . .://wv✓w ama_,v/xls/ evetvment/_. Rates for equipment not
. ,r ere4oed 04 the.FEMA Srtiertule of Equipment Rates clwll.be developed based on
- • . recovery of costs:
i'.Materials-and Supplies:
lf.the parties have agreed tc reimbursement for materials and supplies, the
r-•uestting party shall.reimburse.the responding party for use of expendable or non-
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returnable:materials and',supplies, either.by replacement in kind. or at actual
s ' not c the .
replacement mst;plus'handling'.charges. The. respondtuig.party ha[1 ' charge,
. •requesting:'party for materials, supplies and:iepsable items that are rennet:410 the : •
responding:party in.a,clean, damage-free condition: Reusable supplies that are
returned. to the responding:party with:damage .must be. treated as:.expendable
. supplies for purposes of coat reimbursement
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.. If the parties 'have agreed that:the 'requesting'party will'reimburse the
r ponding party, the •responding party shall• provide an itemized• bill "to •the
r' uesting:party:for all reimbursable expenses it incased as a:desult of providing
aiistance under this Agreement . The responding party must send the itemized:bill . .•
n t later.thanprntty (90) days':followmg:the end of.the period of assistance the
nesting.Party roust pay the bill in firll on or before the.:forty fifth• (45th) day
flowing the billing date:,Unpaid bills became delinquent on the forty-sixth (46th)
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4y following the billing date, and,•once delinquent, the bill.accrues interest at the '.
. .• b :prints loan'r'ate; as reported in the.Federal Reserve Statistical Release.13.15, . • '
hh�, //www.fedetairreserve:gov/releasesQ31:5/update:for. the •date ..the rat.is.
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plus two percent•(2%) per.:annum,:computed Ca an actual days/actual days
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:U Additional term9 and pro'dsiorts
Iri'addition to the foregoing terms and conditions .tire Town and County , '
that,the following enumerated term:*and.conditions shall:apply With regard.
} the aid and assistance relating.to the Flood,01 20.11.Where inconsistent with the- .........•........
-terms and:conditions set forth above,.tliese Sitter-sled terms and conditions shall
control.
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6 Cooperation regarding cost reimbursement Tbe.parties agree that they shall ' •
1 , coop :. :, with one another in formulating.applications:for-reimbursement to any Federal . .
! agency '. counection with the Flood of;2013.,.The parties likewise agree that they•shall
• cooperat• with on another.in :fully documenting the nature, amount•and costs:of aid and
ass. .. provided under- the provisions of:this.Jntetgoyetnatental Agreement:'•Such.•
•...- in shall include,but shell not be.limited to compliance withthe any Federal agency
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- • policies now in affect of subsequently.a_dopted by such agency with regard reimbursamea t .
. applications. . _ .
71 Insuranet The responding party shall maintain workers compensation
coveragf for its,employees,automobile liability:coverage for its vehicles and equipment,
and general"liability;.public.official's liability, and lair enforcement liability insurance, as
applic ab e. Any uninsured or"e snrdinary expenses:may be aparf of:claimed costs for"
reimb•� ent. The requesting"p'arty.agrees.to Maintain adequate liability insurance under
state la , .
No Liability- • A responding party providing"aid pursuant"to this Agreement
shall no be liable to the requesting party for any•act or omission done or caused by it or
•any of' officers,:employees,•agents or volunteers in good"faith and within the scope of
the 'recgi1est for assistance; while.so.engaged:" The."requesting party agrees..to release the
:responding party fmm liability for:any and all claims,.demands or causes of action accruing
While a.responding'.party's personnel'and`equipunerd are working tinder the-direction of
the onzed representative of.the requesting patty,•except to the extent such-elaifi c,
demo or.causes of action are the:result of gross negligence_.or intentionally wrongful.
acts on the part,of the responding-party:..Nothing herein.is intended as a.waiver of the
priviieg and protections of the Colorado Governmental Immunity Act,Colo: Rev..Stat. Sec-
24-10-1 1 etseq.
. :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.respondingpaity. '. .
will,gi . the requesting party'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 partthe Mostinurwdiateand.eailiest Possible noticerif the recall,
0. Other Agreements .This Agreement is not intended to supplant or supersede
pre- ex sting mutual aid agreements between the parties and third parties nor deny the right of
any - hereto to negotiate supplementai mutual aid agreements:with each:other or•with third
parties: . . -
1 Mdiion/Temination. .ThisAgerentma Y beu P da ted,modifi
modified;revised or
. renego at any time by written agreement"signed by each:party:hereto, to accommodate
changing conditions.Either party may terminate this Agreement for any reason ppori not less
than ' y(34)days written notice to the oilier patty. '
12. Notices: Whenever a notice is either required or permitted to be given under ..
this A ant;it shall be'given in writingand delivered personally,or delivered by the postal
service certified mail, return receipt requested, to the Other party at the address indicated -
below, rat such other address as maybe designated by.sucliparty: .. ,
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Office-of the County Commissioners •
. Pitldn County: 530 East Mail.Street,3's Floor'
" .. . AsPC4CO 81bt1 •
.. to Estes Patin:. ' . .. . Office of the Town Adnmustrator . " • '
Town Hall,Room 150 .
.. 170 MacGregor Aye,. .
P.O.Box 1200 - - • • . . .
' Estes Peik;Colorado 80517
12 • 'veining Law: This :Agr�ent :Shaft be construed and enforced',in "
. with in 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 any breach of any term:of provision.
of this ement abail be construed to'be,nor shall be,far.any purpose a waiver of any breach
of any ther provision:hereof or of a continuing or subsequent breach of the same"provision. .
. No" • ershallbevalidunlessin.writingand:signedby thepartywaivingthebreach.
4. No Third�Party Beneficiary The terms.and conditions of this.Agreement,
and all rights of action relating thereto, are stribtly.reserved to the parties, and nothing.in .
this A ' shall give or allow:any claim of right or chose of action whatsoever by any: .
. other n ?IOC a party to this Agreement.....' Any".petsnn and/or.entity, other"than.the ..
Patties,. receiving services or benefits"under this Agreement shall bedeemmed:an incidental
benefi ary only:'` -., . . .
' 5. Severabilitv.." Should any portion of this A.greernent be judicially determined .
. to be.illegal or unenforceable,the remainder of the:Agreement.shall continue in.flail.force
. 'and"effi t, and the parties:will renegotiate any terms affected:by the severance_
86:. " Non-appropriation. Ajl'. . obligations of. ' each party .hereunder. . axe. ',
.expres y contingent upon the annual appropriation of funds sufficient and intended to
carry o the same'by the governmgbody of such party,.in ifs sole:discretion. . '
' 7. Counterpart and Dwain-rile Signatures.• Tliis:Agreenient maybe.executed' in,
• two or re counterparts, each of which shall., be"'deemed an original,. but'.all .of
Which together" shall constitute one and -the saute A .. .
Agreement, •Signatures may "be
' facsimile co Facsimile signatures are binding on:the parties as if .
eau by PY• gnatur g P- Y:were
origins s. .
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WITNESS WXTHkBCIE the patties hereto have entered into this Agreement as of the
dote last;et forth li@low. • .. .
TIM TO' a Olt RS'1'65 LORAbQ
..•. T,Bncastct, TownAdministrator
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ATI'$Sll
T: ,:Clerk
a.a.' d O/3. •
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A !�;S .. ApprovedastoForm: - .
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