HomeMy WebLinkAboutC03-273 Emergency Management IGA
INTERGOVERNMENTAL AGREEMENT FOIL
EMERGENCY MANAGEMENT
WITNESSET~ THAT:
WHEREAS, intergovernmental agreements to provide fixnctions or services, including the sharing of
costs of such services or functions, by political subdivisions of the State of Colorado are specifically
authorized by Section 291-203 C.R.S. (1986) and other sections of the C.R:S.~ and
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WHEREAS, establishment of an intergovernmental agreement will serve ,i= public purpose and will
promote the safety, security,. and general welfare of the inhabitants of the jurisdictions; and
WHEREAS, the jurisdictions hereto are each authorized to provide, establish, and maintain disaster
emergency services as defined by each jurisdiction; and
WHEREAS, disaster emergencies may arise in one or more of the jurisdictions, resulting in greater
demands than.the personnel and equipment of that jurisdiction can handle, and
WHEREAS, it is in the best interest of each of the jurisdictions that it may have service of and from the
other jurisdictions to assist it in reacting to disaster emergencies; and
WHEREAS, other jurisdictions who provide similar resources may in the future desire to be included in
this agreement; and
WHEREAS, 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
WHEREAS, to receive the resources cited above, it is cost effective for each of the jurisdictions to make
available during disaster emergencies, its own resources to other affected jurisdictions.
NOW TI3EREFORE, IT IS MUTUALLY AGREEII by and between each of the signatory
jurisdictions as follows:
1. a. This Intergovernmental Agreement is promulgated under the provisions of Article 1, the
relevant portions of Articles 5 and 22, Title 29, and 24-32-2105 C.R.S. The statute shall control in case of
conflict between this agreement and the statute. Each and every term, provision, or condition herein is
subject to and shall be construed in accordance with the provisions of Colorado law, the Charters of the
various jurisdictions, and the ordinances and regulations enacted pursuant thereto.
b. It is understood and agreed by the jurisdictions 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 portions or provisions shall not be affected, and
the rights and obligations of the jurisdictions 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
C.R.Q. Pxcept as herein otherwise indicated. "Disaster Emergency" shall have the same definition as
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provided ~ ~ for
"Disaster" at 24-32-2103 (1) C.R.S. Where terms and words herein are not so defined they shall have the
commonly accepted definition.
2. This Agreement 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 any
jurisdiction as an agent of any other jurisdiction for any purpose whatsoever. This Agreement shall
provide only for sharing of in-kind resources by the jurisdictions.
3. For and in consideration of the promises ot~ each participating jurisdiction ,each agrees with the
others that in the event there are disaster emergencies in the territory served by one jurisdiction which are
beyond the capabilities of that jurisdiction, each other jurisdiction, subject to the limitations herein set
forth, will assist the other, by causing and permitting its resources to be used in responding to such
disaster emergencies in the other jurisdiction. The need for such assistance shall be determined by the
jurisdiction requesting assistance, subject however, to the following limitations:
a. Any of the signatory jurisdictions shall be excused from making their resources available, or
continuing to make their resources available, to any of the other jurisdictions, in the event of the need of
the resources of such jurisdiction within. the territorial area of such jurisdiction or any other jurisdiction, or
their prior use at any other place. Such decision of availability shall be made by the jurisdiction requested
to give mutual aid, and such decision shall be conclusive and in the providing jurisdiction's sole
discretion.
b. Mutual aid response by any jurisdiction beyond the political boundary of the responding
jurisdiction is hereby deemed to be approved by the respective Executive and Legislative governing
bodies of the jurisdictions, and such response shall require no further approval by responsible officials of
any jurisdiction, except as provided by the limitations in Article 3. a (above).
4. Each jurisdiction 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 jurisdiction, except for t bird
party reimbursement under Article 7, and except as may be negotiated and agreed to separately, in writing,
by both the requesting and receiving jurisdictions.
5. 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 agreement, to the extent permitted by, and without waiving any protections or other
provisions of, the Colorado Governmental Immunity Act.
6. Each jurisdiction agrees to allow any other governmental jurisdiction defined under Colorado law
to join in this Mutual Aid Agreement after formal approval by its governing body and notification by the
depository cited in Article 13 of such action to each of the other signatory jurisdictions to this Agreement.
Each party who initially executes this agreement delegates to the office of the person executing this
agreement, or such other parties as they may further designate in writing, the authority to execute such
amendments as may be necessary in the future to accommodate the joinder of new jurisdictions to this
Agreement, without change of any other terms or conditions of the Agreement.
7. Each jurisd:cti~~n agrees that it will reasonably pursue any legal reimburse~ncnt possible, pursuant
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INTERGOVERNMENTAL AGREEMENT FOR
EMERGENCY MANAGEMENT
to state or federal laws, for incidents including, but noY limited to, hazardous materials incidents,
occurring within its jurisdiction, on behalf of all assisting jurisdictions. Upon payment.by the responsible
entity, and after subtracting the reasonable costs of pursuing and' collecting the reimbursement, the
receiving jurisdiction will distribute the received funds : in a fair and equitable manner to assisting
jurisdictions, based upon a pro rata share of their documented expenses for the involved incident.
8. Nothing contained in this Agreement, and no performance under this Agreement by personnel of
the jurisdictions hereto, shall in any respect alter or modify the status of officers, agents, or employees of
the respective jurisdictions 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 providing jurisdiction. The providing jurisdiction shall remain responsible for
processing any worker's compensation claims filed by their own resources.
9. This Agreement 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 oftwo-thirds (2/3) of the other signatory jurisdictions.
10 . 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 named
jurisdictions hereto, and nothing contained in this Agreement shall give. or allow any such claim or right
of action by any other or third person on such Agreement. It is the express intention of the named
jurisdictions that any person other than the named jurisdictions receiving services or benefits under this
Agreement shall be deemed to be an incidental beneficiary only.
11. Amendments to this Agreement may be made only upon unanimous consent by all then current
signatory jurisdictions. Such consent shall become effective upon its receipt in writing at the depository
cited below in Article 13.
12. Any jurisdiction hereto may terminate this Agreement, with or without cause, upon thirty (30) days
prior written notice to the signature depository provided below.
13. This Agreement shall be executed by each Jurisdiction on a separate signature page. Original
signature pages will be held by the Colorado Office of Emergency Management (OEM) or its successor
agency, at its offices at 15075 S. Golden Rd., Golden, CO 80401-3979 or at such other place as OEM
shall determine. Copies of signature pages shall be provided and certified by OEM to each party
jurisdiction, and such copies shall have the full force and effect 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 Agreement.
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INTERGOVERNMENTAL AGREEMENT FOR
EMERGENCY MANAGEMENT
As outlined in the foregoing Intergovernmental Agreement, the b elow designated j urisdiction executes
this Agreement on the most recent date indicated below.
Date:
Approved as to • ~ ~ ~ ~
By: ~ ~ ~ ~ y- ~ ~ yz__~= y
Date: ~ ~ ~- ~ ~ O 7
Approved as to
By:
Date:
OTHER:
ATTEST AS TO SIGN
Title: ~G! ~ e ~ ~~
Date: ~I °~I® 3
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