HomeMy WebLinkAbout2014-111-12/16/2014-APPROVING AN INTERGOVERNMENTAL AGREEMENT AMONG THE CITY OF FORT COLLINS AND OTHER GOVERNMENTAL ENTIT RESOLUTION 2014-111
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN INTERGOVERNMENTAL AGREEMENT AMONG THE
CITY OF FORT COLLINS AND OTHER GOVERNMENTAL ENTITIES
REGARDING DISASTER-EMERGENCY MUTUAL AID AND
DISASTER-EMERGENCY FUNDING ASSISTANCE
WHEREAS, over the past year, the City of Fort Collins, the City of Loveland, and
Latimer County, along with other governmental entities lying within or in close proximity to
northern Colorado have been cooperating in producing a uniform intergovernmental agreement
that would clearly establish the protocol for the provision of disaster-emergency mutual aid
among the entities and would ensure, to the greatest extent possible, the receipt of state and
federal funding and reimbursement for the provision of such mutual aid; and
WHEREAS, the adoption of a uniform intergovernmental agreement among the
governmental entities would make the administration of disaster-emergency mutual aid more
efficient and effective, and would replace the several intergovernmental agreements among the
entities which are not consistent and which may not maximize the likelihood of state and federal
funding and reimbursement; and
WHEREAS, both the state constitution and the provisions of the Colorado Disaster
Emergency Act encourage governmental entities to cooperate in developing intergovernmental
agreements in meeting their obligations to protect the health, safety, and welfare of their citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS, that the Mayor is hereby authorized to enter into the Intergovernmental
Agreement for Disaster-Emergency Mutual Aid and Disaster-Emergency Funding Assistance in
substantially the form attached hereto as Exhibit "A" and incorporated herein by this reference,
with such modifications or additional terms and conditions as the City Manager, in consultation
with the City Attorney, determines to be necessary or appropriate to protect the interests of the
City and effectuate the purposes of this Resolution.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
16th day of December, A.D. 2014.
01y OF r
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ATTEST:
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City Clerk
1
INTERGOVERNMENTAL AGREEMENT
FOR DISASTER-EMERGENCY MUTUAL AID
AND
DISASTER-EMERGENCY FUNDING ASSISTANCE
This Agreement is made by and among the governmental entities who are signatories hereto,
all being governmental entities lying within or in close proximity to northern Colorado, and each
a Party (referred to herein as the "Party" or the "Parties"), agreeing as follows:
I. Purpose
Each Party has equipment and personnel trained and equipped to respond to situations
involving an emergency. By this Agreement, the Parties intend to authorize and
provide the terms for their mutual assistance in emergency situations, whether natural
or man-made, which require resources in addition to those that can be provided by the
Party in whose jurisdiction the emergency occurs. This Agreement is intended to
allow for mutual aid between the Parties whenever there is an urgent or potentially
significant situation that threatens the general welfare and good order of the public,
public health, public safety, or property, including but not limited to "Disasters",
"State of Emergency", or "Local Emergency" as those terms are defined in Title 24,
Article 33.5, Part 7, Colorado Revised Statutes.
II. Authority
The authority for this Agreement is Section 18 of Article XIV of the Colorado
Constitution; Section 6 of Article XX of the Colorado Constitution; Section 29-1-203,
C.R.S., and provisions of the Colorado Disaster Emergency Act, Section 24-33.5-701,
et seq., C.R.S., as amended.
III. Term
This Agreement shall commence on the date that it is signed by at least two Parties
and shall continue until such time as there are no longer at least two Parties to the
Agreement. A Party may terminate its participation in this Agreement as set forth in
Section VIII, below.
IV. Request for Assistance and Mutual Aid
a. In the event any Party determines a need for aid from any other Party in light of
an emergency or disaster, such Party may request aid from any other Party as
follows:
i. A request for assistance may be for any type of assistance or aid that the
Requesting Party ("Requesting Party") may deem necessary to respond to
an emergency or disaster situation within its jurisdiction.
ii. A Requesting Party's request for aid will be made through its Emergency
Operations Center (EOC) or emergency management staff to the EOC or
emergency management staff of any other Party. Any request for mutual
aid or assistance shall include a statement of the nature and complexity of
the subject need, the amount and type of equipment and/or personnel
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requested, contact information, duration needed, and the location to which
the equipment and/or personnel are to be dispatched.
V. Response to Request for Assistance and Mutual Aid
a. Upon receipt of a request for assistance, any other Party (Responding Party) may,
in its sole discretion, provide personnel, equipment, or other assistance to the
Requesting Party.
b. Any Responding Party reserves the right to recall its personnel, equipment,
materials, supplies and other resources at any time and will, if practicable, give
the Requesting Party at least twenty-four (24) hours advance notice.
VI. Command & Control
a. It is the intent and Agreement of the Parties that the command structure and
exchange of mutual aid provided for in this Agreement conform to the current
standards of practice of the National Incident Management System (NIMS) and
the Incident Command System (ICS).
b. Parties responding with available resources and personnel will confer with the
Requesting Party's EOC and report to (he staging area designated by the
Requesting Party. The Responding and•Requesting Parties' EOCs will track the
status of the appropriate resources accordingly in WebEOC.
VII. Release of Resources
Personnel and equipment of a Responding Party shall be released by the Requesting
Party's Incident Commander when the assistance is no longer required; or when the
Responding Party requests the return of such resources. The release of all resources
shall be communicated and documented through the appropriate EOC and resource
management system.
VIII. Reimbursement and Compensation
a. First Twelve Hours of Response. Unless otherwise agreed in advance by the
involved Parties, during the first twelve (12) hours from the time of the initial
dispatch tone or request to a Responding Party, the Requesting Party will not
incur any personnel or equipment charges from any Responding Party (Non-
Reimbursable Costs).
b. After the First Twelve Hours of Response. Unless otherwise agreed in advance
by the involved Parties, after the first twelve hoes from the time the Responding
Party first dispatches personnel or equipment to the Requesting Party, the
Requesting Party shall reimburse the Responding Party for the following costs
associated with the response (Reimbursable Costs):
i. Personnel Costs. Personnel costs, including salaries, hourly wages,
overtime, and costs of fringe benefits.
ii. Equipment.-tent. An amount for the use of the Responding Party's equipment
during the period of assistance according to the Schedule of Equipment
Rates established and published by the Federal Emergency Management
Agency (FEMA), www.fema.gov/xis/government/grant/pa/egsch.xls.
Rates for equipment not referenced on the FEMA Schedule of Equipment
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Rates shall be as agreed upon by the involved Parties and based on actual
recovery of costs.
iii. Materials and Supplies. The actual replacement cost or replacement in
kind of the expended or non-returnable materials and supplies provided by
the Responding Party, plus handling charges. The Responding Party shall
not charge the Requesting Party for materials, supplies and reusable items
that are returned to 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 cost
reimbursement.
,c. Tracking Reimbursable Costs. Tracking of personnel time, work/rest, and
equipment costs shall be the responsibility of the Requesting Party. The
Responding Party will be responsible for invoicing the Requesting Party after
demobilization as per any financial agreement by both parties.
d. Reimbursement. The reimbursement of any Responding Party is not contingent
on the Requesting Party's eligibility for or receipt of reimbursement from any
federal or state agency. The Parties acknowledge that a Requesting Party will
Pursue all legal reimbursement available for costs associated with emergency and
disaster response and recovery, including Reimbursable Costs incurred by
Responding Parties. The Parties agree to cooperate with any Requesting Party as
may be necessary to establish the necessity of the aid provided, and its
reasonableness in light of the emergency situation. Parties involved in this
Agreement shall, upon request of resources, determine financial terms and
limitations through a separate document or through a pre-existing process outlined
by the Emergency Management Agency or the Emergency Operations Center.
This is typically done through a Request for Assistance Form or a 213RR Form,
but may involve any written financial process used by the Requesting Party.
In addition, this Agreement shall not be construed as to limit or waive reasonable
compensation or reimbursement for costs incurred under this Agreement that may
be eligible for reimbursement by local, state or federal agencies or any other third
parties.
Payment Within ninety (90) days from the end of the period of assistance, a
Responding Party shall provide the Requesting Party with an invoice that itemizes
all Reimbursable Costs. The Requesting Party must pay the invoice in full on or
before the forty-fifth (45th) day following the billing date. Any amounts unpaid
on the forty-sixth (46th) day following the billing date will be delinquent, and
from that date forward will accrue interest at 2% per annum plus the bank prime
loan rate in effect on the first date of delinquency, as reported in the Federal
Reserve Statistical Release H.15, www.federalreserve.gov/releases/H15/update/.
Delinquent interest will be computed on an actual days/actual days basis. Upon
agreement of the involved Parties, the payment deadlines may be extended if
reimbursement from state or federal sources is pending and likely to occur.
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e. Financial Obligations. Pursuant to Colorado law, the Requesting Patty's financial
obligations under this Agreement, if any, are subject to and contingent upon its
annual appropriation.
IX. Additional Responsibilities
a. Agency Policy and Procedures. Each Party's personnel are responsible for
following their agency's administrative policies and procedures. The partied
hereto enter into this Agreement as separate and independent governmental
entities and each shall maintain that status through the term of this Agreement`
Each Party remains responsible for all pay, entitlement, benefits, employment
decisions, and worker's compensation benefits for its own personnel.
b. Compliance with All Applicable Laws. Each Party shall be responsible at all
times for compliance with all laws and regulations applicable to each of its
actions hereunder. Each Party must, upon request by another involved Party,
make available on it reasonable basis such information as may be required to
ensure or show compliance with local, state and federal laws.
c. Provisions for Responding Personnel. Within the written request for resources, the
Agreement shall outline provisions required for personnel and equipment,
including temporary housing, food and supplies necessary to perform the
functions required. This may be outlined in the request as a need by the
Requesting Party or as a need from the Responding Party. This should be outlined
prior to any deployment of resources. If the Requesting Party cannot provide
food or shelter for the said personnel, the Responding Party may secure the
resources necessary to meet those needs and shall be entitled to reimbursement
from the Requesting Party for such cost, not to exceed the state per diem rates.
d. Nondiscrimination. No person with responsibilities in providing services or the
operation of any activities under this Agreement will unlawfully discriminate
against persons being assisted or requesting assistance on the basis of race, color,
national origin, age, sex, religion, handicap, political affiliation or beliefs, or any
other unlawful basis.
X. Disaster Planning and Interagency Cooperation
a. In order to enhance public safety, the protection of life, property and the
environment, and in order to enhance the mutual aid capabilities contemplated in
this Agreement, the Parties agree to do the following:
i. Prepare and keep current emergency planning documents, including
jurisdictional disaster response plans and recovery plans. The Parties agree
to cooperate in the development of each Party's Emergency Operations
Plans.
ii. Participate in the county emergency management activities which are
designed to ensure coordinated disaster planning, response, and recovery.
These activities may include the Local Emergency Planning Committee,
multi-agency coordination systems, disaster risk and hazard assessment,
training and education, and Incident Management Team support.
iii. Provide a liaison to the county EOC during incidents that affect two or
more Parties within the county to the extent allowed by the local
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emergency plans, staffing, and other budgetary considerations of the
Parties. Liaisons may be provided virtually through EOC software
management tools, telephone or email.
XI. Termination
Any Party may terminate its participation in this Agreement without cause, and such
termination will be effective on the date written notice is sent to the governing board
of each Party. Termination will not negate any obligations that result from mutual aid
provided or received prior to termination, including pending claims for
reimbursement provided under this Agreement.
XII. Non-Liability
This Agreement shall not be construed to create a duty as a matter of law, contract,
or otherwise for any Party to assume any liability for injury, property damage, or any
other loss or damage that may occur by any action, or non-action taken, or service
provided, to the public or any person, as a result of this Agreement. Each Party
retains all of the protections afforded by the provisions of the Colorado Governmental
Immunity Act, C_R.S. 24-10-101 et. seq., as the same may be amended from time to
time.
XIII. Integration and Amendments
This Agreement contains the entire understanding of the Parties and the Parties agree
that this Agreement may only be amended or altered by written agreement signed by
the Parties' authorized representatives.
XIV. Assignment/Transfer
No,Party shall assign or otherwise transfer this Agreement or any right or obligation
herein without prior consent of the other Parties.
XV. No Third Party Beneficiary
This Agreement is made for the sole and exclusive benefit of the Parties hereto and
nothing in this Agreement is intended to create or grant to any Third Party or person
any right or claim for damage, or the right to bring or maintain any action at law, nor
does any Party waive its immunities at law, including the rights, protections,
limitations and immunities granted the Parties under the Colorado Governmental
Immunity Act, C.R.S. 24-10-101 et. seq., as the same may be amended from time to
time.
XVI. Severability
If any term, covenant, or condition of this Agreement is deemed by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions
of this Agreement shall be binding upon the Parties.
XVII. Headings
The section headings of this Agreement are inserted only as a matter of convenience
and for reference. They do not define or limit the scope or intent of any provisions in
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this Agreement and shall not be construed to affect in any manner the terms and
provisions herein.
XVIILBecoming a Party to this Agreement
Each Party agrees to allow any other governmental jurisdictions, as defined under
Colorado law, to join in this Agreement after formal approval by the prospective
Party's governing body and notification by the Larimcr County Office of Emergency
Management of such action to each of the other Parties to this Agreement. To the
extent that local government entities outside of Latimer County choose to join in this
Agreement, notification shall also be provided to office of emergency management in
the county where the entity is located.
XIX. Execution
This Agreement shall be executed by each Party on a separate signature page. This
Agreement and the original signature pages shall be filed with and held by Larimer
County Emergency Management or its successor agency, at 200 West Oak Street,
Fort Collins, CO 80522. Copies of signature pages shall be provided to each Party
jurisdiction, and such copies shall have the full force and effect as if thev were
originals. A copy of the full Agreement will provided to the Colorado State Division
of Homeland Security and Emergency Management.
As outlined in the foregoing Intergovernmental Agreement, the below designated jurisdiction
executes this Agreement on the most recent date indicated below.
JURISDICTION:
By:
Title:
Date:
ATTEST AS TO SIGNATURES:
Title:
Date:
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