HomeMy WebLinkAboutC08-211 Roaring Fork Transportation AuthorityAN INTERGOVERNMENTAL AGREEMENT BETWEEN ECO TRANSIT AND
THE ROARING FORK TRANSPORTATION AUTHORITY FOR SHARING OF
RESOURCES UPON DECLARATION OF DISASTER
This intergovernmental agreement (the "Agreement ") between the Roaring Fork
Transportation Authority ( "RFTA') and ECO Transit ( "ECO ") (collectively the
"Parties ") is made this IK day of .71 ✓ d, 2008. RFTA and ECO are
governmental entities located within the state of Colorado.
This Agreement allows RFTA and ECO to share resources to better respond to disasters
and emergencies. This agreement also provides a framework for reimbursement for any
shared resources. This Agreement is in accord with the Homeland Security Domestic
Preparedness Program and Colorado Statutes addressing emergency management.
Pursuant to C.R.S 24 -32 -2109 (2006), a local disaster may be declared only by the
principal executive of a political subdivision. Within RFTA, the principal executive is
the RFTA Chief Executive Officer ( "CEO "). ECO Transit is an Authority under the
umbrella of Eagle County. For the purposes of this Agreement, a disaster may be
declared by the Eagle County Manager or by the CEO of RFTA. Pursuant to C.R.S. 24-
32 -2109 the local disaster shall not be continued or renewed for a period in excess of
seven (7) days except by or with the consent of the governing board of RFTA and the
Eagle County Commissioners.
Recitals
WHEREAS, the State of Colorado authorizes its political subdivisions to develop and
enter into mutual aid agreements for reciprocal emergency aid in case of emergencies too
extensive to be dealt with effectively unassisted; and WHEREAS, it is in the best interest
of the citizens within the boundaries of the RFTA and ECO Transit service areas for
RFTA and ECO Transit to enter into such a mutual aid agreement to provide for
expeditious emergency assistance, resources permitting, in the event of a catastrophic
event or natural disaster in western Colorado; and
WHEREAS, Mutual Aid Agreements provide the mechanism that enhances and
leverages existing capabilities; and
WHEREAS, the Roaring Fork Transportation Authority ( "RFTA") and ECO Transit
desire to agree to reimburse the other agency for assistance rendered during an
emergency in a fair and equitable manner; and
WHEREAS, RFTA and Eco Transit seek to coordinate their response in the event of
terrorist attack within the RFTA or ECO Transit service area or community served by
RFTA or ECO Transit and in accordance with the Homeland Security Domestic
Preparedness Program.
The parties bi- laterally agree to the following:
Who may declare a local disaster? Pursuant to C.R.S. 24 -32 -2109 (2006), a local
disaster may be declared only by the principal executive of a political subdivision.
Within RFTA, the principal executive is the RFTA Chief Executive Officer
( "CEO "). ECO Transit is an Authority under the umbrella of Eagle County. For
purposes of this Agreement, a disaster may be declared by the Eagle County
Manager or by the CEO of RFTA. Pursuant to C.R.S. 24 -32 -2109 the local
disaster shall not be continued or renewed for a period in excess of seven (7) days
except by or with the consent of the governing board of RFTA and the Eagle
County Board of County Commissioners.
2. Definition of disaster. "Disaster" means the occurrence or imminent threat of
widespread or severe damage, injury, or loss of life or property resulting from any
natural cause or cause of human origin, including but not limited to fire, flood,
earthquake, wind, storm, wave action, hazardous substance incident, oil spill or
other water contamination requiring emergency action to avert danger or damage,
volcanic activity, epidemic or pandemic, air pollution, blight, drought, infestation,
explosion, civil disturbance, hostile military or paramilitary action, or a condition
of riot, insurrection, or invasion existing in Colorado.
3. Services and Resources. This agreement contemplates that personnel and
equipment used in public transportation services may be shared, if there is a
sufficient capacity in the sharing organization to continue its regular services.
4. Designated Person who may call for mutual aid. The person who may declare a
local disaster in either of the organizations is the principal executive of the
organization, or a subordinate acting in the capacity of principal executive. The
principal executive of the Responding Entity, or his or her designee, is the contact
person for requesting mutual aid.
5. Request for aid under this Agreement. If the principal executive declares a
disaster and a request is made for mutual aid, the Responding Entity must
evaluate its resources and respond to the request as soon as possible, but at least
within 24 hours. The determination of whether the resources are adequate to
allow mutual aid assistance is at the sole discretion of the Responding Entity.
6. Payment for services and use of equipment provided responding to a mutual aid
request. The Responding Entity shall invoice the Requesting Entity as soon as
practical, and no later than 60 days after the assistance is provided. The
Requesting Entity shall pay for services and equipment within 45 days of
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receiving the invoice from the Responding Entity. The Requesting Entity is
responsible for payment to the Responding Entity, regardless of whether funds
reimbursing the Requesting Entity are granted, or not. The Responding Entity
will make its best efforts to cooperate with the requesting agency in obtaining
outside reimbursement from any source available.
7. Calculation of amount of payment.
(a) Personnel only: Costs will be calculated based on the current wage,
plus a benefits burden of 35% of the hourly wage of the employee,
normally paid by the Responding Entity for the hours worked.
Additional time required to commute to the location of the Requesting
Entity shall be included in hours worked. Mileage for the travel to the
Requesting Entity's work site will be charged at the rate of the current
I.R.S. standard mileage rate for business purposes.
(b) Combined bus and operator: Rates for a combined driver and vehicle
shall be calculated at the Responding Entity's Charter Rate for non-
profit organizations.
(c) Equipment only If only a vehicle is provided, the cost billed should
be the Responding Entity's Charter Rate for non - profit organizations,
less the hourly driver rate (including the 35% benefit burden) of the
employee operating the equipment.
8. Insurance and Limited Indemnity for Loaned Employees and Equipment.
(a) Workers' Compensation: The Requesting Entity and the Responding
Entity will each pay worker's compensation insurance premiums for
their own employees. Each entity will keep in place Workers'
Compensation Insurance and benefits required by Colorado law, and
shall include Employers' Liability coverage subject to limits of $1
million Bodily Injury, by accident, and $1 million Bodily Injury, by
disease, for each employee.
(b) Commercial General Liability Insurance: Both entities shall maintain
insurance written on an occurrence basis subject to the statutory limit
for government entities of $600,000 per accident.
(c) Business Auto Liability Insurance: Both entities shall maintain auto
liability insurance written on an occurrence basis subject to the
statutory limit for government entities of $600,000 per accident and
$150,000 per person.
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(d) Indemnity: the Requesting Entity assumes all responsibility and
liability arising from or in connection with the use and operation of the
Responding Entity's vehicle during the term of this Agreement. The
Requesting Entity agrees, to the extent allowed by law, to indemnify,
defend and hold harmless the Responding Entity and all affiliated
entities and each of the directors, officers, employees and agents of the
Responding Entity from any and all injuries or death to persons or
damage to property resulting from the use of the Responding Entity's
vehicle during the term of this Agreement.
(e) Governmental Immunity: Parties to this agreement are both
governmental entities and neither intends to waive any protections of
governmental immunity, whether in state or federal law.
(f) Self- Insured Retention: If the Responding Entity's insurance of any
kind is used to pay for any damages incurred during the time its
employee or equipment, or both, is being used by the Requesting
Entity, the requesting party shall be liable to pay to the Responding
Entity any self - insured retention ( "SIR ") required by the Responding
Entity's insurance contract.
(g) Cancellation of Policies: Both entities agree to provide to the other a
minimum of 30 days advance written notice of insurer's intent to
cancel or otherwise terminate policy coverage.
9. Miscellaneous Provisions
(a) TABOR Compliance: Notwithstanding anything to the contrary
contained in this Agreement, neither entity shall have any obligations
under this Agreement, nor shall any payments be made in respect of
any period after any December 31 of each calendar year during the
term of this Agreement, without an appropriation therefore by the
RFTA Board or Eagle County Board in accordance with a budget
adopted by the RFTA Board of Directors or Eagle County Board,
whichever is applicable, in compliance with the provisions of the
Local Government Budget law (C.R.S. §29 -1 -101 et seq.), and the
TABOR Amendment (Colorado Constitution, Article X, Sec. 20).
(b) Food, Housing and Communications Support: The Requesting Entity
shall make arrangements for the provision of food, housing, or
communications support required for personnel who respond to an
emergency or disaster.
(c) Responsibility for Equipment Maintenance or Replacement: During
use of borrowed equipment under this Agreement, the Requesting
Entity shall be responsible for maintenance and repair of the
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equipment. If the equipment is destroyed, the requesting agency shall
be responsible for replacement of the equipment.
(d) Agreement Modification Process: Modifications to this agreement
may be presented at anytime and shall be mutually agreed upon in
writing after joint discussions involving both parties.
(e) Effective Date: This Agreement shall become effective when
executed by both parties and shall remain in effect for a period of five
(5) years, and shall automatically be renewed for successive five (5)
year periods unless terminated by either party upon sixty (60) days
prior written notice.
Miscellaneous Provisions
1. Choice of Law: This Agreement is governed by Colorado law.
2. Severability: If any part, term, or provision of this Agreement is held by a
court of competent jurisdiction to be illegal or in conflict with any federal law or
law of the State of Colorado, the validity of the remaining portions or provisions
shall not be affected, and the rights and obligations of the parties hereto shall be
construed and enforced as if the agreement did not contain the particular part,
term or provision held to be invalid.
3. No Third Party Rights: Nothing in this Agreement is intended to create or
grant to any third party or person any right or claim for damages or the right to
bring or maintain any action at law.
4. Governmental Immunity Not Waived: No party hereto waives any
immunity at law including immunity granted under the Colorado Governmental
Immunities Act.
5. Complete Integration: This Agreement is intended as the complete
integration of all understandings between the Parties and constitutes the entire
agreement between the parties hereto; no prior or contemporaneous addition,
deletion, or other amendment shall have any force or effect, unless embodied
herein in writing or attached as an exhibit hereto and referenced herein.
6. Dispute Resolution: The Parties agree that all disputes arising from or related
to the Agreement shall be mediated by a mediator mutually selected by the parties
within 60 days of a written request of any party. If mediation does not resolve the
dispute, the parties waive all rights to litigate this matter in any court of
competent jurisdiction and, instead, agreed to binding arbitration with a single
arbitrator mutually selected by the Parties. The Parties shall follow the JAMS
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Streamlined Arbitration Rules & Procedures for the arbitration. Each party shall
bear its own costs.
Notice: Any notices or other communications required or permitted to be given
hereunder shall be given in writing and delivered personally, by U.S. mail, or by
electronic mail to the attention of the individuals below, or to such other addresses as
any other parties designate by written notice. Notice shall be deemed given on the date
of personal delivery or electronic mailing, or five (5) days from the date of mailing by
U.S. mail.
IN WIXIESS WHEREOF, the parties' authorized officers have executed this Agreement
on �/� ,y 4 /� , 2008.
ROARING FORK TRANSPORTATION AUTHORITY
1�/V-� am) dA6 ,
Dan Blankenship, RFTA CEO
Attest:
Donna Rubin, Secretary to the RFTA Board
ECO TRANSIT:
7'e;,
Harry . Taylor, Director kCO Transit
Attest:
Sec tary to the ECO Transit Board
