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HomeMy WebLinkAboutC12-411 Vail Mountain Rescue Group MEMORANDUM OF UNDERSTANDING BETWEEN EAGLE COUNTY, COLORADO AND VAIL MOUNTAIN RESCUE GROUP, INC. THIS MEMORANDUM OF UNDERSTANDING is entered into the l day ofMb( 2012, by Vail Mountain Rescue Group, Inc. a Colorado non - profit corporation (hereinafter "Mountain Rescue ") and Eagle County, Colorado a body corporate and politic, by and through its Board of County Commissioners (hereinafter "County "). RECITALS WHEREAS, Mountain Rescue is a non -profit organization having as its purposes the search for and rescue of lost or injured persons and the provision of search and rescue volunteers when the need arises and when called upon to do so; and WHEREAS, such search and rescue services provided by Mountain Rescue are of benefit to County, its residents, visitors and the Sheriff; and WHEREAS, Mountain Rescue has assumed the responsibility as a primary response team for search and rescue in the County; and WHEREAS, Eagle County Sheriff has the responsibility and therefore the concomitant authority for coordination of all search and rescue operations (including missions) within the County pursuant to C.R.S. 24- 33.5- 707(10); and WHEREAS, Eagle County Sheriff frequently requests the services provided by Mountain Rescue; and WHEREAS, County and Mountain Rescue desire to clarify their relationship during search and rescue operations. UNDERSTANDING NOW, THEREFORE, be it understood by and between the parties as follows: 1. The Eagle County Sheriff has the ultimate responsibility and authority for the coordination of all search and rescue operations within the County. Mountain Rescue will participate in search and rescue operations only at the request of and subject to the control of the Eagle County Sheriff. 2. Nothing in this MOU shall be construed to prevent Eagle County or its Sheriff, from establishing, formally or informally, standard procedures for reporting directly to C(.-1-(-1 Mountain Rescue incidents which are or potentially could culminate in a search and rescue operation or mission, or providing for the automatic response of Mountain Rescue to search and rescue operations within the County. Any such procedure shall require prompt notification to the Eagle County Sheriff of the County of such incidents and that an automatic response has been initiated. 3. Mountain Rescue shall maintain its good standing as a properly incorporated Colorado nonprofit corporation for the duration of this Memorandum of Understanding. Mountain Rescue shall also maintain and certify to County, a list of associated individual volunteers ( "Members ") who are eligible and authorized to receive benefits and protections as "public employees" under C.R.S. 24 -10 -101 et. seq. and as that term is defined in C.R.S. 24- 10- 103(4) and C.R.S. 24- 33.5 -824 "volunteer protection ". For insurance contribution purposes, annually, County shall provide to the pools the number of Mountain Rescue members and other exposure information as requested. 4. It is the intent of the parties that Members shall be considered as "authorized volunteers" and "qualified volunteers" under the provisions of Sections 24 -10 -103 and 24- 33.5 -824, C.R.S., as amended, and as such, entitled to the volunteer protections. 5. If performing authorized training or duties for Eagle County under the direction and control of the Sheriff, Members shall be covered and defended by Eagle County's membership in the Colorado Counties Casualty and Property Pool (CAPP) for general liability coverage in accordance with state statute and CAPP policies and Eagle County's membership in the County Workers Compensation Pool for workers compensation coverage in accordance with C.R.S. 8 -40 -202. 6. Neither Eagle County, its Board of County Commissioners nor the Eagle County Sheriff will be responsible for liability associated with the use of any vehicle that is not titled to and belonging to Eagle County. 7. Neither Eagle County, its Board of County Commissioners nor the Eagle County Sheriff will be responsible for any claim of liability that is premised upon actions or inactions that were undertaken outside of the duties of an authorized volunteer. 8. Mountain Rescue shall be responsible for and will maintain at its own expense such other insurance as it may desire, including but not limited to, officers and directors insurance, general liability and workers compensation insurance when not performing authorized training or duties for Eagle County under the direction and control of the Sheriff. 9. Insurance coverage for all Member or Mountain Rescue owned vehicles, including but not limited to, automobiles, snowmobiles, all - terrain vehicles, bicycles, motorcycles, boats, shall be the responsibility of Member or Mountain Rescue, as applicable. 10. This Memorandum of Understanding may be amended by written agreement of the parties and may be terminated by either party upon ninety (90) days written notice to the other party. 11. This Memorandum of Understanding represents the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understandings between the parties with respect thereto. 12. Notwithstanding anything to the contrary contained in this contract, the County shall have no obligations under this agreement nor shall any payment be made in respect of any period after December 31 of each calendar year during the term of this agreement, without any appropriation therefore by the County in accordance with a budget adopted by the Board of County Commissioners in compliance with the provision of Article 25 of Title 30 of the Colorado Revised Statues, the Local Government Budget Law (C.R.S. § 29 -1 -101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). [Rest of Page Intentionally Left Blank] • , EAGLE COUNTY, STATE OF COLORADO By and through its Board of County Commissioners By: Peter F. Runyon, Chairman Attest: aF aric _ ∎ r' . .u -ir+rge oRAO Tea Simonton, C rrk o t s - = oard APPROVED AS TO FORM: • Jos - . h , . ' , Eag e . . , Sheriff VAIL MOUNTAIN RESCUE GROUP, INC. a Colorado non -profit corporation By: Its: f `PS�c�P