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Home My WebLink Aboutbocc.con.331.2013 CONTRACT# 3/- , 13 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. 61, , 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 County 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 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. 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. • 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 [GA, 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 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 z //y/ 4 , 2013. ATTEST: COUNTY OF WELD, a political Weld County Clerk to the Board subdivision of the State of Colorado B / y4f BY:< 56-. //1-4:11-1 ('‘r Gr By: z_ Deputy Clerk to the Boa e William F. Garcia, Chaim:2n Board of County Commissioners of the County of Weld G �FErsT: I /rice it a e//f r y (Name of Jurisdiction.) A (-77 jdzA/U,AA C L�• 1 ✓ Titic: r f{. 7 . .--v.0/2 gffe,,1: (4) ea&It 4' C._17 I/N/SS/Oi(C t s • RESOLUTION 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 ATTEST: 6w aw �.�Cti CDJ/J TV, COLORADO 1127 ! F. arcia, Chair Weld County Clerk to the Board {� n,' 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. a Signed this iL day of Oeoder ,2013. ATTEST:°u-- "-:C\ -k-"` COUNTY OF WELD, a political Weld County Clerk to the Board Sta e of Colo 4 By: ft./.. ./. !..-4-/. -/ By .1 a Deputy Cle-'twi'le:'rr"44 W. iam . Garcia,Chairman at∎` 1 ! 41 Board of County Commissioners of the t i•`' S, County of Weld :too mill 4;Z•" ""I ATFEST: Awl. -- I ("/r/x(r rt, o(ior rr.tit 4. Ne' �7 (Name of Jurisdiction.) 1 -Ce.atae, l e, A✓`'sal /d -_ 0/ yhtfre4- ou1 i i kllf de Pip ate fS /Ost 4t t s 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. (..)fl ,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 iEounty 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 fords 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. INT,R9DUCED, RE ADOPTED AS AN EMERGENCY RESOLUTION ON THE 'Pa DAY OF Le r 2013 SET FOR CONFIRMATORY PUBLIC HEARING ON THE DAY OF i .;2013. NOTICE OF CONFIRMATORY PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE EMERGENCY RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON /0" W , 2013. NOTICE OF CONFIRMATORY PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PI COUNTY WEBSITE www.aspenpitkin.com ON THE°954 1 DAY OF&d'+/✓ 2013. C FIRMED AT A CONFIRMATORY PUBLIC HEARING ON THEE'RN/ FIRMED OF ,har 2013. PUBLISHED BY TITLE AND SHORT SUMMARY,AFTER CONFIRMATORY PUBLIC HEARING,IN THE ASPEN TIMES WEEKLY //-/4'- 2o/3 POSTED BY TITLE AND SHORT SUMMARY ON THE OFFI IAL PI K1N COUNTY WEBSITE www.aspenpitkin.com ON THE A5 et DAY OF • r 2013 A 1 LEST: BOARD OF COUNTY COMMISSIONERS • By ' I ' i GGc.-• by: . ► ' Je.�-tte Jones George Net an, I•'r De fay County Cle Date: /Cr"I APPROVED AS TO FORM: MANAGER APPROVAL John Ely, County Attorney Jon Peacock,County Manager