HomeMy WebLinkAbout2009-097-10/20/2009-APPROVING THE EXECUTION OF AN AGREEMENT FOR EMERGENCY MANAGEMENT OF BROAD-RANGING PUBLIC HEALTH INCI RESOLUTION 2009-097
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE EXECUTION OF AN AGREEMENT FOR EMERGENCY
MANAGEMENT OF BROAD-RANGING PUBLIC HEALTH INCIDENTS
WHEREAS, disaster emergencies involving public health incidents may affect persons in
multiple jurisdictions, resulting in the need for coordination between Latimer County and one or
more municipalities in the County to meet the greater demands that such an incident may place on
the personnel and equipment of each party; and
WHEREAS,efficient response to broad-ranging public health emergency incidents requires
the establishment of a unified command structure and protocols governing the operation of the
unified command; and
WHEREAS, approval of an intergovernmental agreement establishing such a unified
command structure and protocols will promote the safety, security, and general welfare of the
inhabitants of the City and Latimer County with respect to each party's response to a broad=ranging
public health emergency incident; and
WHEREAS, Section 29-1-203, C.R.S., authorizes governmental entities to cooperate and
contract with one another in order to provide any function, service, or facility lawfully permitted to
each if such a contract is properly authorized by each party thereto; and
WHEREAS,the City is authorized to enter into intergovernmental agreements to provide any
function, service or facility, pursuant to Article II, Section 16 of the City Charter and City Code
Section 1-22; and
WHEREAS, it is in the best interests of each of the parties to have access to emergency
resources and assistance from each other and the state of Colorado and other assisting agencies to
supplement their own resources during a broad-ranging public health emergency incident.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Agreement for Emergency Management of Broad-Ranging Public Health
Incidents, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this
reference, is hereby approved by the City Council, and the City Manager is hereby authorized to
execute such Agreement, subject to such changes in form or substance as the City Manager may, in
consultation with the City Attorney, consider to be necessary to effectuate the purposes of this
Resolution.
Passed and adopted at a regular meeting of the Co cil,of the City of Fort Colli this 20th
day of October, A.D. 2009.
Mayor
ATTEST:
City Clerk
EXHIBIT A
INTERGOVERNMENTAL AGREEMENT FOR EMERGENCY
MANAGEMENT OF DISASTERS RELATED TO BROAD RANGING PUBLIC
HEALTH EMERGENCY INCIDENTS
This Agreement is made by and between the CITY OF LOVELAND, COLORADO, a
home rule municipality ("Loveland"); the CITY OF FORT COLLINS, COLORADO, a home
rule municipality ("Fort Collins"); and the BOARD OF COMMISSIONERS OF THE COUNTY
OF LARIME.R, COLORADO, a political subdivision of the State of Colorado (the "County").
WITNESSETH:
WHEREAS, intergovernmental agreements between and among political subdivisions of
the State of Colorado to cooperate or contract with one another to provide functions, services or
facilities lawfully authorized to each, including the sharing of costs of such services or functions,
are specifically authorized by Section 29-1-203 of the Colorado Revised Statutes and other
Colorado law; and
WHEREAS, establishment of this Intergovernmental Agreement will serve the public
purposes of promoting the health, safety, security, and general welfare of the inhabitants of
Loveland, Fort Collins and the County (collectively "the Parties") with respect to each party's
response to any broad-ranging public health emergency incident; and
WHEREAS, the Parties are each lawfully authorized to provide, establish, and maintain
disaster emergency services as defined by each party; and
WHEREAS, disaster emergencies with respect to public health incidents may arise in
one or more of the Parties'jurisdictions, resulting in the need for coordination to meet the greater
demands that such an incident may place on the personnel and equipment of each party and to
protect the health of the citizens of each party; and
WHEREAS, efficient response to a broad-ranging public health emergency incident
requires the establishment of a unified command structure and protocols governing the operation
of the unified command; and
WHEREAS, the Governor of the State of Colorado has issued Executive Orders and an
Emergency Operations Plan to use in a public health emergency, such as a serious pandemic
influenza incident, that may be implemented by local health departments, including the Larimer
County Department of Health and Environment; and
WHEREAS, it is in the best interests of each of the parties to have access to emergency
resources and assistance from each other and the State of Colorado and other assisting agencies
to supplement their own resources during a broad-ranging public health emergency incident; and
WHEREAS, it is efficient and cost effective for each of the Parties to participate in a
unified command structure patterned after the Colorado State Emergency Operations Plan-
Public Health and Medical Services
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Emergency Support Function 98 to coordinate the use of each party's resources to respond to a
broad-ranging public health emergency incident.
NOW THEREFORE, in consideration of the mutual promises contained here, the
Parties mutually agree as follows:
l. Authority. Severability and Definitions.
a. This Intergovernmental Agreement is promulgated under the provisions of Part 2 of
Article 1 of Title 29, and Article 5 of Title 29, and applicable provisions of Part 21 of
Article 32 of Title 24 of the Colorado Revised Statutes. These statutes shall control in
case of conflict between this Agreement and the statutes. Each and every term,
provision, or condition herein is subject to and shall be construed in accordance with the
provisions of Colorado law, the Parties' respective charters and the Parties' respective
ordinances and regulations enacted pursuant hereto.
b. It is understood and agreed by the parties hereto that if any part, term or provision of this
Agreement 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 provisions of
the Agreement shall not be affected, and the rights and obligations of the parties shall be
construed and enforced as if the Agreement 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 the Colorado Revised Statutes except as herein otherwise indicated. Where terms and
words herein are not so defined, they shall have the commonly accepted and understood
meaning.
2. Purpose.
This Agreement provides for the joint response by the parties to a disaster emergency
related to a broad-ranging public health emergency incident, but does not establish a separate
legal entity to do so, nor does it designate any party as an agent of any other party or create all
agency relationship between or among any of the Parties for any purpose whatsoever. This
Agreement shall provide only for the command structure and for other sharing .of personnel,
equipment and in-kind resources by the Parties as set forth herein. For purposes of this
Agreement, a broad-ranging public health emergency is a health emergency declared by the State
of Colorado, one or more of the parties to this Agreement or the Northern Colorado Department
of Health that affects a significant number of people in more than one jurisdiction.
3. Command Structure.
The Parties agree that in the event there is a disaster emergency related to a broad-ranging
public health emergency incident in the jurisdiction of one or more of the Parties which is
beyond the capability of the affected party or Parties and one or more of the affected Parties
requests assistance under this Agreement, each of the Parties agrees, subject to the limitations set
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forth herein, to assist by participating in the Larimer County Unified Area Command Group
(hereinafter ''UACG") in order to best manage a major local incident by causing and permitting
the Parties' combined resources to be used in responding to any such disaster emergency. The
framework for the UACG is set forth in Appendix A, attached hereto and incorporated herein by
this reference. The need for activating the UACG and the need for assistance shall be
determined by the party requesting assistance.
a. Assistance by any responding party beyond the jurisdictional limits of that party is hereby
deemed to be authorized by the respective governing body of such party. Individual
officers and employees of the responding party providing such assistance shall be
considered to be performing duties that are within the scope of their employment with the
responding party within the meaning of C.R.S. §24-10-110. No further approval for
such participation or response shall be required from the responding party's governing
body.
b. Any decision about making resources or continuing to make resources available shall be
made by the responding party, and such decision shall be conclusive and in the
responding party's sole discretion.
4. Reimbursement of Costs.
Each party shall at all times be responsible for its own costs incurred in the performance
of this Agreement, and shall not receive any reimbursement from any other party, except for any
third-party reimbursement under Paragraph 7, and except as may be negotiated and agreed to
separately in writing by both the requesting and responding Parties.
5. Waiver of Claims.
Each party, to the extent permitted by law, waives any and all claims and causes of action
against all of the other Parties for compensation, damage, personal injury or death occurring as a
consequence, direct or indirect, in the performance of this Agreement. In addition, nothing herein
shall be deemed a waiver of any notice requirements, defenses, or limitations to liability
available to any of the Parties under the Colorado Governmental Immunity Act or under any
other law.
6. Joinder of Other Political Subdivisions.
Each party agrees to allow any other Colorado political subdivision, as defined in C.R.S.
§29-1-202(2), to join as a party to this Agreement after formal approval of this Agreement by the
political subdivisions and written notification of such action to each of the other Parties to the
Agreement. Loveland and Fort Collins delegate to their respective City Managers and the
County delegates to the County Manager the authority to execute such amendments as may be
necessary in the future to accommodate the joinder of new parties to this Agreement, without a
change to any of the other terms or conditions of the Agreement. Any new party joining this
Agreement agrees that its chief administrative officer shall also have the authority to execute
such amendments for the joinder of other parties. In addition, any new party joining this.
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Agreement agrees to be subject to the unified command structure established in paragraph 3
above, under which only Loveland, Fort Collins and County officials will have leadership roles
in that command structure.
7. Third Party Reimbursement.
Each party agrees that it will reasonably pursue any monetary reimbursement available
under state and federal law for any public health emergency incident subject to this Agreement.
Upon receiving any such reimbursement and after subtracting the reasonable costs of pursuing
and collecting the reimbursement, the receiving party shall distribute the received funds in a fair
and equitable manner to the other assisting parties, based upon a pro rata share of their
documented expenses for the public health emergency incident.
8. Workers Compensation and Benefits.
Nothing contained in this Agreement, and no performance under this Agreement by
personnel of the Parties, shall in any respect alter or modify the status of officers, agents, or
employees of the respective parties 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 other purpose, or any condition or requirement of
employment. Worker's compensation coverage shall be as structured in C.R.S. §29-5-109 for
any requests for assistance under this Agreement. The providing party shall remain responsible
for processing any worker's compensation claims filed by its own officers, agents and
employees.
9. No Third-Party Beneficiaries.
It is expressly understood and agreed that enforcement of the terms and conditions of the
Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the
Parties to this Agreement, and nothing contained in this Agreement shall give or allow any such
claim or right of action by any other or third person under this Agreement.
10. Amendments.
Except as provided in paragraph 6. above, amendments to this Agreement may be made
only in writing and upon unanimous consent by all then current signatory Parties. Such consent
shall become effective upon its receipt in writing by the Larimer County Department of Health
and Environment.
11. Termination.
Any party hereto may terminate this Agreement, with or without cause, upon thirty (-)0)
days prior written notice to all of the other Parties to this Agreement.
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12. Assignment.
This Agreement shall not be assigned by'any of the Parties without the prior consent of
all of the other Parties.
13. Headings.
Paragraph headings in this 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 Agreement.
14. Construction of Agreement.
i
This Agreement shall be construed according to its fair meaning and as if it was prepared
by all of the Parties and shall be deemed to be and contain the entire Agreement between the
Parties. There shall be deemed to be no other terms, conditions, promises, understandings,
statements or representations, expressed or implied, concerning this Agreement, unless set forth
in writing and signed by all of the Parties.
15. Relationship of the Parties.
The Parties enter into this Agreement as separate and independent governmental entities
and each shall maintain such status throughout the term of this Agreement.
16. BindingEfect.
This Agreement shall be binding upon and inure to the benefit of the Parties hereto and
their respective successors and permitted assigns.
17. Governing Law and Enforceabilitv.
This Agreement shall be construed in accordance with the laws of the State of Colorado.
Venue for any action arising out of this Agreement shall be in Larimer County, Colorado District
Court. In addition, the Parties recognize that there are legal constraints imposed upon Loveland,
Fort Collins and the County by the constitutions, statutes, and rules and regulations of the State
of Colorado and of the United States, and imposed upon Loveland and Fort Collins by their
respective charters, codes and ordinances and on the County by its Code and ordinances, and
that, subject to such constraints, the Parties intend to carry out the terms and conditions of this
Agreement. Such constraints include, without limitation, the constraints of Article X, Section 20
of the Colorado Constitution relating to governmental entities including multi-year fiscal
obligations. Therefore, notwithstanding any other provision of this Agreement to the contrary, in
no event shall any of the Parties be required to exercise any power or take any action which is
prohibited by applicable law. Whenever possible, each provision of this Agreement shall be
interpreted in such a manner so as to be effective and valid under applicable law.
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18. Counterpart Signature.
This Agreement shall be executed by each party on a separate signature page. The parties
agree that counterpart signatures of this Agreement shall be acceptable and that execution of this
Agreement in the same form by each and every party shall be deemed to constitute full and final
execution of this Agreement.
19. Notices.
The County shall provide timely notice to all parties of all additions to and withdrawals
of parties to the Agreement, as well as timely notice of the effective date of any amendments to
this Agreement.
20. Effective Date.
This Agreement shall take effect upon execution of the Agreement by all Parties.
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CITY OF FORT COLLINS,
A Municipal Corporation
By: Date:
Doug Hutchinson, Mayor
ATTEST
City Clerk
Approved as to Form:
By:
Teresa Ablao, Assistant City Attorney
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Larimer County
By: Date:
Board of Commissioners
Attest:
Approved As To Form:
Assistant County Attorney
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CITY OF LOVELAND,
A Municipal Corporation
By: Date:
Don F. Williams, City Manager
Attest
City Clerk
Approved as to Form:
By:
Assistant City Attorney
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APPENDIX A
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COMMANDUNIFIED AREA for • Incident
COUNTY LEVEL:LARIMER
UNIFIED AREA COMMAND GROUP:Responsible for Direction & Big Picture
Hospital I
Public Health Law Fire Medical Government Human
Enforcement Providers I County and City Services
EMS managers
- UNIFIED AREA COMMAND SPOKESPERSON UNIFIED AREA
UfAIFIEDAREA - COMMAND
Cc-MMAND �, COMMAIID STAFF
(WIIERAL STAFF
�rnnt
nn mmnnn
IIAUrmation Officer
Ledtl Officer -
Atea Alea At ea Finauce Admin Liaison(nicer
Planning LollistI,s Chief
Chief Chief lif needed)
-_ ..... Safety CMficer
AC Situation Unit : -- -------------
_ .................. Umn.d-:omen md:
.AC Documentaton Unit INCIDENT IuddelR
: caadm.*x
INCIDENT COMMAND 8
COMMAND A te.g.,Loveland) • Command C.D. —
A.0 Critical Resources Unit (e.g., Fort Collins[ _-> -- ; E as needed.
0 P L F!A
OPERATIONS E{on for lCA PLANNING Section for ?c .4 LmivIex. �
rry:e
HOSpltal Eanch Public Safely baroh UfilRies French sduati n unit[ICA I Crdical rasovices[IC AJ
etc. ell:
Afternate Care Branch etc. . Dnmmentet m[IC AI
b
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