HomeMy WebLinkAboutC12-337 RHMAEC IGA R EGIONAL HAZARDOUS MATER O CIATION OF EAGLE COUNT y
REGIONAL HAZARDOUS MATERIALS ASSOCIATION OF EAGLE COUNTY
ESTABLISHMENT AND
RECIPROCAL HAZARDOUS MATERIAL INCIDENT
INTERGOVERNMENTAL AGREEMENT ( "IGA ")
This IGA is made and entered into this rA
day of aIoh. , 2012 by and
between the Town of Vail, Eagle River Fire Protection District, Greater Eagle Fire Protection
District, Gypsum Fire Protection District, and Eagle County, hereinafter referred to as
"RHMAEC Operational Member Agencies" or "Parties."
RECITALS
WHEREAS, Section 29 -22- 102(3) (a) and (b), C.R.S., requires that the governing bodies
of every town, city and county designate an emergency response authority ( "DERA ")
responsible for hazardous substance incidents occurring within the respective jurisdictions of the
governing bodies; and
WHEREAS, Section 18 (2) (a) and (2) (b) of Article XIV of the Colorado Constitution
and Section 29 -1 -201, C.R.S., permit and encourage governments to enter into contracts to make
the most effective use of their resources for the benefit of the public; and
WHEREAS, Section 29 -1 -203, C.R.S., authorizes the State of Colorado and its political
subdivisions to enter into contracts to provide functions or services, including the sharing of
costs of such functions or services, which each of the contracting parties may be authorized to
provide; and
WHEREAS, Section 29 -22- 103(3), C.R.S., encourages mutual aid agreements between
emergency response authorities for the purpose of enhancing the response to hazardous
substance incidents and establishing procedures for, among other things, utilizing equipment,
sharing technical assistance and promoting the safe handling of hazardous substance incidents;
and
WHEREAS, hazardous materials incidents may arise in one or more of the Parties'
jurisdictions, resulting in response demands that exceed the personnel, equipment and /or
expertise of that particular Party; and
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WHEREAS, the Parties wish to enter into this IGA for the purpose of establishing a
separate governmental entity known as the Regional Hazardous Materials Association of Eagle
County ( "RHMAEC ") for purposes of conducting joint hazardous materials activities including
without limitation, planning, information management, initial response, equipment procurement
and sharing, personnel procurement and training, reimbursement and financial management as an
operational group; and
WHEREAS, the Parties wish to facilitate participation in such joint hazardous materials
activities by other agencies and entities with capabilities or responsibilities related to hazardous
materials activities, which other agencies and entities, upon joining the RHMAEC as provided
herein shall be known as "Advisory Members," and which along with the RHMAEC
Operational Member Agencies, shall be referred to collectively as "RHMAEC Members "; and
WHEREAS, to receive the RHMAEC Members resource(s), it is cost effective for each
of the RHMAEC Members to make available during a hazardous materials incident, its own
resources to other affected RHMAEC Members; and
WHEREAS, it is in the best interests of the public and each RHMAEC Member to have
access to hazardous materials response resources of other RHMAEC Members to supplement
their own resources during a hazardous materials incident; and
WHEREAS, establishment of the RHMAEC will serve a public purpose and will
promote the safety, security, and general welfare of the inhabitants within all the participating
Parties' jurisdictions;
NOW, THEREFORE, in consideration of the mutual benefits that will inure to the
public and the Parties, and the mutual convenants by and between each of the Parties, it is agreed
as follows:
1. Establishment of RHMAEC. The Regional Hazardous Materials Association of Eagle
County ( "RHMAEC ") is hereby established as a separate governmental entity, in accordance
with Section 18 (2) (a) and (2) (b) of Article XIV of the Colorado Constitution and Section 29 -1-
201, et seq., C.R.S.
2. Purpose. This IGA is entered into for the express purpose of creating RHMAEC and the
mutual cooperation between the RHMAEC Members for hazardous substance response planning,
and in the event of the occurrence of hazardous substance incidents it is intended to provide for
the planning and initial emergency action necessary to minimize the effects of the hazardous
substance incidents under Article 22 of Title 29, C.R.S. (DERA function). The RHMAEC
Members have entered into this IGA and agree to participate in RHMAEC in reliance upon the
rights, obligations and immunities conferred upon them by these statutes. In pursuing its DERA
support functions, RHMAEC shall exist for the purposes of coordinated planning, information
management and reporting, training, education, coordination, rapid deployment of qualified
personnel and proper equipment for pre- and initial hazardous substance emergency action and
the financial management necessary to achieve the purposes of the IGA and minimize the effects
of hazardous substance incidents within Eagle County. This IGA is not intended to, nor shall it
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be construed to, affect or extend the legal responsibilities of any of RHMAEC Member except as
expressly provided herein; create or extend any legal rights to any person from any RHMAEC
Member that do not otherwise exist in the absence of this IGA; or, to waive any claims which
may arise as a result of a hazardous materials incident, including claims for reimbursement from
persons responsible for hazardous substance incident or from any emergency response funds
created under state or federal law.
3. Definitions. As used herein the terms "hazardous material incident" and "hazardous
substance incident" shall be synonymous and shall have the same meaning as provided in
Section 29 -22- 101(2), C.R.S., as amended from time to time.
4. Membership. There shall be two categories of membership in RHMAEC.
A. Operational Members. Parties to this IGA shall be Operational Members of
RHMAEC. Each Operational Member shall name one representative as a full voting
member of the Board of Directors of RHMAEC. Each Operational Member may also
designate an alternate for the purpose of attending meetings and voting in the absence of
the designated representative. Operational Member representatives shall comprise the
RHMAEC Board of Directors.
B. Advisory Members. All other members of RHMAEC shall be designated as
Advisory Members; RHMAEC shall include representatives ( "Advisory Members ") from
interested or involved groups as such representatives are available. A representative from
the Eagle County LEPC can be involved as member at this level.
5. Board of Directors. A Board of Directors consisting of the designated representatives of
the RHMAEC Operational Members shall govern the business and affairs of RHMAEC.
Officers of RHMAEC shall be elected from among the Operational Members' representatives as
provided in the Bylaws. The elected Treasurer of RHMAEC shall have the primary
responsibility of managing the financial resources of RHMAEC with oversight by the Board of
Directors as further provided in the Bylaws.
6. Bylaws. The RHMAEC Board of Directors shall, by two - thirds (2/3) vote, enact and
from time to time amend bylaws ( "Bylaws ") to govern the organization and operation of
RHMAEC.
8. DERA Responsibilities. Nothing in this IGA shall be deemed to alter the authority of any
existing DERA pursuant to Section 29 -22- 102(3), C.R.S., except for coordination of cost
reimbursement as described herein. . A response by RHMAEC team(s) and equipment to a
hazardous substance incident under this Agreement shall be under the operational control of the
DERA, and shall not alter the responsibility of the DERA in whose jurisdiction the incident
occurs to command the response. All Parties hereto hereby delegate to RHMAEC their DERA
authority to seek cost reimbursement for hazardous substance incidents involving a response by
RHMAEC teams or equipment.
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9. Cost Reimbursement. Whenever a response to a hazardous substance incident involves
RHMAEC team(s) or equipment, the Parties agree that RHMAEC shall function as coordinator
of claims for reimbursement of costs incurred by all responding RHMAEC Members (including
the DERA).The Board of Directors shall adopt procedures for preparing and submitting requests
for cost reimbursement and allocation of reimbursement revenue. In conjunction with these
policies RHMAEC members will use their previously approved Cooperator Resource Rate
Forms (CRRF) outlined through the Colorado State Forest Service (CSFS) for all billing. The
RHMAEC shall timely submit the coordinated claim on behalf of itself, the DERA and the
responding RHMAEC Members. Should such reimbursement proceeds be less than the total
costs of all RHMAEC Members (including the DERA) involved in the incident response,
reimbursement to all such RHMAEC Members (including the DERA) shall be reduced in a
proportionate manner. Unreimbursed costs incurred by RHMAEC team(s) or equipment shall be
absorbed by the RHMAEC members involved in the incident. Any reimbursement of costs
coordinated by RHMAEC shall follow the rules for reimbursement ( "Rules ") as promulgated by
Colorado Department of Public Safety pursuant to Section 29 -22 -104 (6)(a), C.R.S. Claims for
reimbursement shall be submitted to RHMAEC within 24 days following the date the incident
scene is declared safe by the DERA. All Parties to this Agreement and all Planning Members,
by participating in RHMAEC waive any rights to seek reimbursement for an incident for which
RHMAEC has been delegated reimbursement authority, except through RHMAEC, and
authorize RHMAEC to settle and compromise any claim for reimbursement following
procedures adopted by the Board of Directors.
10. Response Area. It is the intent of the parties that the primary response area of RHMAEC
shall be limited to Eagle County. Upon written agreement signed by two - thirds (2/3) of the
Board of Directors, RHMAEC may enter into agreements to provide assistance outside Eagle
County upon request.
11. RHMAEC Response. Whenever the DERA determines that a hazardous substance
incident within its jurisdiction requires RHMAEC personnel or resources, a request for
RHMAEC assistance shall be made. Upon receiving a request for assistance, the RHMAEC
Response Team will respond to the location of the hazardous substance incident with available
and qualified personnel and equipment. For the duration of the hazardous substance incident, the
responding RHMAEC Team(s) and /or RHMAEC Member personnel shall defer to the DERA for
designation of Incident Commander.
12. Funding and Property. Member contributions shall be determined by agreement among
the parties for the initial funding in 2002. Membership contributions will be made on an annual
basis and shall be proposed by the Board of Directors. All budget proposals are subject to formal
approval by the governing body of each individual Operational Member. Operational member
contributions will be based upon a percentage of one quarter of one percent of the previous
years' operating budget of each operational member excluding grant funding. The procedures
for budgeting, setting contributions and approvals by the governing body of each Operational
Member shall be detailed in the adopted Bylaws. It is the intent of the Parties that financial
support of RHMAEC functions and equipment, as well as reliance on RHMAEC equipment and
expertise, shall be shared among the Parties. To the extent possible, RHMAEC shall at all times
operate as an enterprise pursuant to Article X, Section 20 of the Colorado Constitution.
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13. Insurance. Each party shall at its own expense, keep in full force and effect during the
term of this agreement liability insurance on any equipment or rolling stock they own or lease in
accordance with CRS. Personal Liability and /or Public Officials insurance will be provided by
RHMAEC for all board members.
14. RHMAEC Response Team. It is anticipated that initially the RHMAEC responses to
hazardous substance incidents shall be through the resources and equipment of the individual
RHMAEC Members responding separately but acting in concert and cooperation. RHMAEC
may also assemble a RHMAEC Response Team that shall consist of individuals from various
RHMAEC Members and equipment funded by RHMAEC responding and working as a single
unit. It will be the responsibility of a designated RHMAEC Coordinator to initiate all RHMAEC
team call outs.
15. Employees of RHMAEC Members. When providing any services pursuant to this IGA,
including responding to a hazardous materials incident and providing services in furtherance of
the DERA under this IGA, employees of RHMAEC Members shall at all times remain and act as
employees of their respective RHMAEC Member, subject to the terms of this IGA. RHMAEC
Members shall remain responsible for the compensation, benefits and insurance of such
employees at all times.
16. Termination. Any RHMAEC Operational Member may terminate or withdraw from this
IGA for any or no reason upon ninety- (90) days advance written notice to the RHMAEC Board
of Directors. Such written notice shall serve as a formal amendment to this Agreement and
negate the need for further amendment. Any operational member choosing to withdraw from
RHMAEC shall be responsible for their annual contribution commitment after the start of each
fiscal year. Any dues, donations or other contributions owing at the time of withdrawal shall be
paid prior to withdrawal. Any Advisory Member may withdraw at any time upon written notice
to the RHMAEC Board of Directors, subject to the same reimbursement rights and obligations.
Upon withdrawal from RHMAEC operational members may request disbursement of critical
items such as gas detectors and hazmat suits. Any requests for disbursement of equipment will
need to be in writing and approved by the RHMAEC board of directors.
17. Additional Operational Members. Agencies desiring to join RHMAEC as Operational
Members subsequent to it initial organization shall execute a copy of this Agreement and a
separate agreement with the RHMAEC Board of Directors that adheres to the policies and
principles herein, and pay accumulated dues, capital contributions or other assessments as
determined at the discretion of the Board of Directors. Such Agreements for Operational
Member agencies shall be approved by a majority vote of the Board of Directors. Upon
delegation of an Operational Member's Agencies DERA authority to another entity, such entity
shall become an Operation Member Agency upon executing such agreements and approval by
the Board of Directors.
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18. Governmental Immunity. Nothing in this IGA shall be construed as a waiver of the
limitations on damages, or as a waiver of the privileges, immunities, or defenses provided to, or
enjoyed by, any of the RHMAEC Members under common law or pursuant to statute including,
but not limited to, the Colorado Governmental Immunity Act, Section 24 -10 -101, et seq., C.R.S.
and Sections 24 -32 -2604, et seq., C.R.S.
19. Worker Compensation and Pension Benefits. Pursuant to Sections 29 -5 -109, and 29 -5-
110, C.R.S., and this IGA, if any personnel of a responding RHMAEC Member is injured,
disabled, or dies as a result of performing services within the boundaries of another jurisdiction,
said individual shall remain covered by, and eligible for, the workers' compensation and pension
benefits, including disability, death, and survivor benefits, to which the individual would
otherwise be entitled if the injury, disability, or death had occurred within the jurisdictional
boundaries of the responding RHMAEC Member Agency.
20. Prior Agreements. The terms of this IGA shall supersede the terms of any pre- existing
agreements between RHMAEC Members regarding responses to hazardous substance incidents
and actions or responsibilities, except for incidents that do not require the assistance of other
RHMAEC Members or RHMAEC. This IGA shall not affect or supersede any other agreements,
including mutual aid agreements between RHMAEC Members.
21. Whole Agreement. This IGA embodies the whole agreement between the parties
regarding responses to hazardous substance incidents and actions or responsibilities under
EPCRA, except for incidents that do not require the assistance of other RHMAEC Members or
RHMAEC, and there are no inducements, promises, terms, conditions or other obligations made
or entered into by the parties other than those contained herein.
22. Successors and Assigns. This IGA shall be binding upon the parties hereto, their
respective successors or assigns, but may not be assigned by any party without the express
written consent of the other parties.
23. Severable. All terms contained in this IGA are severable and in the event that a court of
competent jurisdiction shall hold any of them invalid, this IGA shall be interpreted as if such
invalid term or condition is not contained herein.
24. Authorization. The signatories to this IGA affirm and warrant that they are fully
authorized to enter into and execute this Agreement, and all necessary actions, notices, meetings
and /or hearings pursuant to any law required to authorize their execution of this IGA have been
made.
25. Amendment. This IGA may be amended from time to time by written IGA duly
authorized by all the parties to this IGA. No modification or waiver of this IGA or any covenant,
condition or provision contained herein shall be valid unless in writing and duly executed by all
parties.
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26. No Third Party Beneficiaries. This IGA does not and shall not be deemed to confer upon
or grant to any third party any right enforceable at law or equity arising out of any term,
covenant, or condition herein or the breach thereof.
27. Recording. This IGA, or a memorandum of this IGA, may be recorded in the records of
the Eagle County Clerk and Recorder.
28. Effective Date. This IGA shall be effective upon approval by each of the RHMAEC
Operational Member Agencies named herein, as evidenced by such duly passed resolution,
ordinance or other appropriate authorization of each, and the execution of this IGA by the
Operational Members' authorized representatives.
WHEREFORE, the duly authorized representatives of RHMAEC Operational Members
hereto have executed this Reciprocal Hazardous Material Incident Intergovernmental Agreement
effecti e as of the date and year first written above.
, , ' i A dilk Aolz
Vail' 1 V ilin ncy� ate
Chief D �`
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• . • e ' iver Fire Protection District - Chief Date
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6 er Eagle Fire Pro ection District hief Date
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Gy psu fr Fir ee istrict - ief Date ,
Eagle County Sheriff Date
COUNTY OF EAGLE, STATE OF
COLORADO, by its Board of Count Commissioners
By.
Peter F. Runyon, Ch0 10111. " --
ATTEST:
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Clerk to the Board c r'ea Ag
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