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Home My WebLink AboutC24-358 Gypsum Fire Protection DistrictAGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND GYPSUM FIRE PROTECTION DISTRICT FOR THE PROVISION OF ARFF FIRE PROTECTION AND INCIDENT COMMAND SERVICES AT THE EAGLE COUNTY REGIONAL AIRPORT THIS AGREEMENT (the “Agreement”) is made and entered into effective July 15, 2024 (the “Effective Date”) by and between Eagle County, Colorado, a body corporate and politic (hereinafter referred to as “County”) and Gypsum Fire Protection District, a Colorado special district (hereinafter referred to as “GFPD”). WITNESSETH: WHEREAS, the County owns and operates the Eagle County Regional Airport (“Airport” or “EGE”) located at 217 Eldon Wilson Road, Gypsum, Colorado; and WHEREAS, the Federal Aviation Administration (“FAA”) requires operators of airports, such as EGE, certified as “Index C” under 14 CFR Part 139-Certification of Airports, to staff at least two certified ARFF firefighters at the Airport fifteen minutes before and fifteen minutes after any air carrier operations (“ARFF index coverage”); and WHEREAS, the Airport has a dedicated Aircraft Rescue Firefighting (ARFF) station providing primary fire and rescue service support for emergencies involving aircraft. In addition, ARFF provides fire and rescue support for emergencies involving structures, hazardous material incidents, and emergency medical services. As of April 8, 2024, five ARFF certified firefighters, including the Fire Captain and two Lieutenants will be departing, leaving the ARFF station short staffed and without IC-capable staff; and WHEREAS, GFPD is a Colorado special district covering 455 square miles, including the area from the Town of Gypsum to the Airport, and provides response to emergency incidents, including but not limited to, medical calls, motor vehicle crashes, motor vehicle fires, structure fires and plane incidents and crashes; and WHEREAS, the County and the GFPD desire to enter into this cooperative service Agreement during the period of short-staffing at the Airport, whereby the GFPD will assist the County in meeting ARFF index coverage at the Airport, and the GFPD Fire Chief or other appropriate qualified responder may serve as incident commander as needed for certain aircraft related incidents or other requests for emergency services at the Airport, all on the terms and conditions set forth herein; and WHEREAS, the parties further desire to work together to develop a transition plan which would allow for transition of all ARFF responsibilities and ARFF index coverage requirements to GFPD. Following development of such transition plan, the parties anticipate entering into a new agreement whereby GFPD will be responsible for the provision of ARFF services for the Airport pursuant to a contractual arrangement with the County, which agreement would supersede and replace this Agreement (the “Transition IGA”); and Docusign Envelope ID: 720AF0AC-3652-4F5F-AAF8-811EDEB21766 2 WHEREAS, the Constitution and laws of the State of Colorado permit and encourage local governmental entities to cooperate with each other to make the most efficient and effective use of their powers and responsibilities; and WHEREAS, the County and GFPD enter into this Agreement under the authority of local governments and special districts of the State of Colorado to contract with one another pursuant to C.R.S. § 29-1-201, et seq., C.R.S. § 32-1-1001, et seq., and Article XIV, § 18 of the Colorado Constitution. NOW, THEREFORE, for and in consideration of the mutual covenants, conditions and promises contained herein, the parties hereto agree hereby as follows: AGREEMENT: NOW, THEREFORE, for and in consideration of the mutual promises and agreements of the Parties and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the County and GFPD agree as follows: 1. Anticipated ARFF Index Coverage: The parties understand and agree that the ARFF index coverage requires the County to staff at least two certified ARFF firefighters at the Airport fifteen minutes before and fifteen minutes after any air carrier operations. The anticipated schedule is as follows: • Anticipated Winter Coverage (Subject to commercial flight changes) – 0700-2230 (First operation currently 0730 departure. Last operation currently 2146 arrival) • Anticipated Summer Schedule (Subject to commercial flight changes) – 0700-2100 – (0730 Departure and 2009 Arrival) The Parties agree to work together on a cooperative basis to schedule and provide ARFF index coverage for the Airport as follows: a. GFPD Obligations. GFPD currently employs four full time ARFF-certified firefighters who will be assigned to provide ARFF index coverage at the Airport based on availability. These four GFPD employees are also part time employees of the County. GFPD agrees to make every effort to encourage the four GFPD ARFF-certified employees to “pick up” part time County shifts at the Airport to assist in meeting the required ARFF index coverage for the Airport. In the event part time County shifts are not filled, GFPD will notify the County as to whether GFPD full time employees will be providing ARFF index coverage for the Airport, and whether this coverage will be provided on an overtime basis. Notwithstanding the foregoing, in no event shall GFPD be required by this Agreement to reduce fire protection coverage or other services for other areas within GFPD’s district, even if maintaining protection or services elsewhere would cause interruption in Airport operations, nor will GFPD be required to hire or retain any ARFF-certified firefighters. b. County Obligations. The County currently employs certain part time and ten full time ARFF-certified firefighters who will be assigned to provide ARFF index coverage at the Airport based on availability. The County part time employees are in addition to the four GFPD employees who also serve as part time employees of the County. Docusign Envelope ID: 720AF0AC-3652-4F5F-AAF8-811EDEB21766 3 c. Index Coverage Scheduling. The County will coordinate staffing levels with GFPD on a bi-weekly basis with a thirty-day projection to identify ARFF index coverage gaps, and will communicate daily staffing needs to GFPD. If flight schedules change, the County will notify GFPD as soon as practical so index coverage staffing can be adjusted if necessary. GFPD agrees to notify the County as soon as practical in the event of index coverage gaps due to any reason, including but not limited to sick or personnel leave taken by GFPD employees. 2. Incident Command. The incident command system will be implemented for all aircraft related incidents and all other calls for emergency services at the Airport (“Airport Incidents”). The parties agree that the GFPD Fire Chief, or other appropriate qualified responder, shall serve as incident commander (“IC”) as needed for such Airport Incidents on or after the Effective Date, and that such individual will assume IC upon arrival at the Airport. All firefighting and rescue response services shall be performed in accordance with the EGE Airport Emergency Plan, dated September 2022. 3. Fire Station and Equipment. GFPD shall have full access to all fire stations and other related buildings when performing GFPD’s obligations pursuant to this Agreement. The County shall furnish and supply all necessary communication services, 800 MHz radio system and all supplies necessary to maintain the level of service to be rendered herein, except as provided herein. The County shall provide GFPD with the use of two County-owned ARFF vehicles (ARFF 1 and ARFF 3), adequately equipped and ready for use in accordance with this Agreement. The County-owned ARFF 2 vehicle is outside of its useful life but may be used as a back-up vehicle if necessary. The County will also provide GFPD with the use of a County-owned Chevy Tahoe which may be used as a mobile command post during incidents occurring at the Airport. The County shall bear the cost of maintenance, fuel, licensing, and any and all expenses associated with use of such vehicles and buildings for the provision of services by GFPD hereunder, which is inclusive of responsibility for any and all cost for physical damage to the County-owned vehicles, buildings and for third-party liability caused by the negligent acts GFPD employees while operating County-owned vehicles. The County shall maintain insurance for any physical damage to the vehicles in an amount equal to the replacement value of all vehicles provided to the GFPD for use under this Agreement. The property insurance and automotive policy shall, by endorsement, name GFPD as Additional Insured. Notwithstanding the foregoing, the County shall not be responsible for acts or omissions of GFPD employees while operating County-owned vehicles that are willful or wanton or which constitute gross negligence. 4. Communications: For all Airport Incidents, the County, through Airport Operations staff, shall be responsible for the communications and mobilization process, including emergency notification of the (i) Tower; (ii) Vail Public Safety Communication Center; and (iii) landline and the (iv) FAA/NTSB. County staff will coordinate communications and mobilization efforts with IC and any GFPD employees responding to Incidents at the Airport to provide situational awareness to all parties. 5. Training. GFPD agrees that it will comply with the FAA minimum requirements for ARFF certification by requiring all GFPD employees assigned to ARFF index coverage to participate in ARFF training held at the Airport, including movement training. GFPD additionally agrees that, subject to availability, it will require all employees assigned to ARFF index coverage to participate in the annual “Live Burn” on-site at the Airport. The County will maintain records of all ARFF training and certifications to demonstrate compliance with FAA certification requirements. The County agrees to be responsible for the cost of all such ARFF training, and further agrees to be responsible for the travel costs, registration fees and hourly rates of GFPD employees receiving ARFF training pursuant to this Agreement. Docusign Envelope ID: 720AF0AC-3652-4F5F-AAF8-811EDEB21766 4 6. Personal Protective Equipment. All GFPD employees assigned to ARFF index coverage at the Airport shall be supplied and be equipped with NFPA 1971 certified personal protective equipment (“Bunker Gear”) by GFPD unless the employee has County supplied Bunker Gear. Part time ARFF- certified County employees will be issued Bunker Gear by the County when such employees are providing ARFF index coverage in the capacity of a County employee. The County agrees that it will be responsible for the cost associated with fit testing and providing SCBA masks for GFPD employees assigned to ARFF index coverage. The County further agrees to be responsible for the cost associated with replacement of or repair of GFPD employee Bunker Gear damaged or destroyed in the course of responding to Airport Incidents, however each party shall be responsible for normal wear and tear, including damage during training exercises. 7. Management and Oversight of Employees. Any person employed by GFPD for the performance of services and functions pursuant to this Agreement in his or her capacity as a GFPD employee shall remain an employee of GFPD for the purposes of this Agreement, and shall not be considered an employee of the County. No such GFPD employee while acting in his or her capacity as a GFPD employee shall have any entitlement to compensation, workers’ compensation coverage, pension, or civil service benefits from County. The County shall not assume any liability for the direct payment of any salaries, wages or other compensation to any GFPD personnel performing services hereunder for the Airport or for any liability other than that specifically provided for in this Agreement. GFPD shall manage the rendering of services performed by personnel acting in the capacity of GFPD employees, provide leadership and supervision, the standards of performance, the discipline of GFPD employees, recruiting and selection and other matters incident to the performance of such services and the review of personnel so employed. 8. Representatives. The Airport’s Aviation Director, as named in Paragraph 18 below, or its designee shall be the County’s point of contact with respect to this Agreement and the performance of Services under this Agreement. Notwithstanding the foregoing, with regard to scheduling matters and day-to-day operations, the County ARFF Captain, or its designee, will be the County’s point of contact. The GFPD Fire Chief or its designee shall be the GFPD’s point of contact with respect to this Agreement, including scheduling and the performance of Services under this Agreement. 9. Decision-making Authority. The IC shall have full decision-making authority with regard to emergency response concerning Airport Incidents. When practical, the IC shall coordinate review and decision-making with the ARFF Captain, and depending upon the scale and nature of the Airport Incident, with the Aviation Director or its designee. 10. Term. Unless sooner terminated as provided for herein, this Agreement shall be effective as of the Effective Date and shall continue in full force and effect until terminated or superseded by a Transition IGA. Notwithstanding the foregoing provision, either party, with or without cause, may terminate this Agreement upon sixty (60) days’ notice to the other. The County shall be liable for payment in full to GFPD for its Services to the date of the termination of the Agreement. 11. Payment for Services. County shall compensate GFPD for the performance of the Services in accordance with the fee schedule set forth in Exhibit A. Payment will be made for Services performed within thirty (30) days of receipt of a proper and accurate invoice from GFPD. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as County may request. County will not withhold any taxes from monies paid to the GFPD hereunder for Docusign Envelope ID: 720AF0AC-3652-4F5F-AAF8-811EDEB21766 5 services performed by GFPD employees and GFPD agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 12. Insurance. The County and GFPD shall each provide its own general liability and public officials' errors and omissions insurance coverage for claims arising from this Agreement. Further, the County and GFPD, respectively as named insureds, shall include the other respective party, its officers, employees, and agents, as additional insureds under the named insured's insurance policies. The named insured's insurance shall be primary and non-contributory as respects any covered claim against an additional insured arising out of the premises or operations of the named insured. The named insured’s insurance shall be primary and noncontributory as respects any covered claim against an additional insured arising out of the premises or operations of the named insured. GFPD shall keep County reasonably informed of cost of insurance attributable to this Agreement, and GFPD shall include such costs on invoices delivered to County pursuant to Paragraph 11 above. 13. Indemnification. To the extent permitted by law, GFPD agrees to indemnify, defend and hold harmless the County, its respective agents, officers, servants, and employees of and from any and all loss, costs, damage, injury, liability, claims, liens, demands, action and causes of actions whatsoever arising out of the GFPD’s intentional or negligent acts, errors or omissions or that of its agents, officers, servants, and employees, relating to this agreement. Likewise, to the extent permitted by law, the County agrees to indemnify, defend and hold harmless GFPD, its respective agents, officers, servants, and employees of and from any and all costs, damage, injury, liability, claims, liens, demands, action and causes of action whatsoever arising out of the County’s intentional or negligent acts, errors or omissions or that of its respective agents, officers, servants and employees, relating to this agreement. 14. Independent Contractor Status. The Parties to this Agreement intend that the relationship between them is that of an independent contractor. GFPD, and any agent, employee, or servant of GFPD shall not be deemed to be an employee, agent, or servant of the County when such person is acting in the capacity of a GFPD agent, employee or servant. Other than requiring that GFPD provide ARFF index coverage, and IC, the County shall not attempt to oversee or supervise the work or actions of any GFPD employee, contractor, subcontractor, consultant, servant, or agent in the course of completing work under this Agreement. 15. Non-Assignable. This agreement is not assignable by either Party. 16. Integrated Agreement. This Agreement may be changed or modified only in writing by an agreement executed by the Parties. This Agreement constitutes the entire agreement between the Parties and all other promises and agreements relating to the subject of this Agreement, whether oral or written, are merged herein. 17. Severability. Should any one or more sections or provisions of this Agreement be judicially adjudged invalid or unenforceable, such judgment shall not affect, impair, or invalidate the remaining provisions of this Agreement, the intention being that the various sections and provisions hereof are severable. 18. Notices. Any notice required or permitted under this Agreement shall be in writing and shall be hand-delivered or sent by registered or certified regular mail, postage pre-paid to the addresses of the Parties as follows. Each Party by notice sent pursuant to this paragraph may change the address to which future notices should be sent. Docusign Envelope ID: 720AF0AC-3652-4F5F-AAF8-811EDEB21766 6 Notice to Eagle County: David Reid, Aviation Director 500 Broadway P.O. Box 850 Eagle, Colorado 81631 With a copy to Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 E-Mail: atty@eaglecounty.us Notice to GFPD: Justin Kirkland, Fire Chief PO Box 243 Gypsum, CO 81637 19. Immunity. The County and GFPD agree and understand that both Parties are relying on and do not waive, by any provisions of this Agreement, the monetary limitations or terms or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. §§ 24-10- 101, et seq., as from time to time amended or otherwise available to either Party or any of their officers, agents, or employees. 20. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns. 21. Choice of Law and Venue. This Agreement shall be construed according to the laws of the State of Colorado, and venue for any action shall be in the District Courts of Eagle County, Colorado. The County shall have standing to bring an action to enforce the terms of this Agreement in District Court, including an action for specific performance and injunctive relief. 22. Authority. GFPD warrants that it possesses the legal authority to enter into this Agreement through its Fire Chief and that it has taken all actions required by all applicable procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Agreement and to bind them to its terms. The person executing this Agreement on behalf of GFPD warrants that such person has full authorization to execute this Agreement. 23. No Third-Party Beneficiaries. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement and all rights of action relating to such enforcement, shall be Docusign Envelope ID: 720AF0AC-3652-4F5F-AAF8-811EDEB21766 7 strictly reserved to the County and GFPD. Nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other third person or entity. 24. Waiver. The waiver of any breach of a term, provision or requirement of this Agreement shall not be construed or deemed a waiver of any subsequent breach of such term, provision or requirement, or of any other term, provision, or requirement. 25. Modification and Amendment. This Agreement is subject to such modifications as may be required by changes in a federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this Agreement on the effective date of such change as if fully set forth herein. Except as provided above, no modification of this Agreement shall be effective unless agreed to in writing by both Parties in an amendment to this Agreement that is properly executed and approved in accordance with applicable law. 26. No Personal Liability. No elected official, director, officer, agent or employee of either Party shall be charged personally or held contractually liable by or to the other Party under any term or provision of this Agreement or because of any breach thereof or because of its or their execution, approval or attempted execution of this Agreement. 27. Appropriation Limitation. It is expressly understood that any financial obligations that may arise hereunder for purposes of this Agreement, whether direct or contingent, shall only extend to payment of monies duly and lawfully appropriated by the governing body of either Party. Nothing herein shall be construed as the creation in the County or GFPD of a multiple-fiscal year direct or indirect district debt or other financial obligation whatsoever. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO By and Through its County Manager By: ________________________________ Jeff Shroll GYPSUM FIRE PROTECTION DISTRICT, by and through its Fire Chief By: ______________________________________ Justin Kirkland Docusign Envelope ID: 720AF0AC-3652-4F5F-AAF8-811EDEB21766 8 Docusign Envelope ID: 720AF0AC-3652-4F5F-AAF8-811EDEB21766 9 Exhibit A GFPD Fee and Wage Schedule Hourly rate Pension Health DD Li fe S&L TD W/C SUI Sub Total Benefits Total Per Hour OT Anson Er i c 34.26 3.43 3.60 0.57 0.06 0.27 0.75 0.05 8.73 42.98 60.11 Canada Mike 34.26 3.43 3.60 0.57 0.06 0.27 0.75 0.05 8.73 42.98 60.11 Fraser Thomas 26.94 2.69 3.60 0.45 0.06 0.20 0.59 0.05 7.65 34.60 48.07 Giolas Hunter 22.57 2.26 3.60 0.38 0.06 0.20 0.50 0.05 7.04 29.61 40.89 Kirkland Justi n 68.41 6.84 4.99 1.14 0.09 0.55 1.08 0.07 14.76 83.17 117.37 Korver III Joel 26.94 2.69 3.60 0.45 0.06 0.20 0.59 0.05 7.65 34.60 48.07 Larsen Troy 26.94 2.69 3.60 0.45 0.06 0.20 0.59 0.05 7.65 34.60 48.07 McGann Pat 29.00 0.10 0.01 0.11 29.11 43.61 Nelson Jarrett 30.56 3.06 3.60 0.51 0.06 0.23 0.67 0.05 8.18 38.74 54.02 Novelo Christopher 30.56 3.06 3.60 0.51 0.06 0.23 0.67 0.05 8.18 38.74 54.02 Sander Timothy 32.99 3.30 2.08 0.53 0.06 - 0.72 0.05 6.75 39.74 56.23 Schoenike Ryan 26.04 2.60 3.60 0.43 0.06 0.20 0.57 0.05 7.53 33.57 46.59 Soderstrom Evan 30.56 3.06 3.60 0.51 0.06 0.23 0.67 0.05 8.18 38.74 54.02 Strauss Campbell 21.00 0.10 0.01 0.11 21.11 31.61 Valdez Daniel 51.56 5.16 2.88 0.86 0.09 - 0.82 0.07 9.87 61.43 87.21 Young Paul 25.00 0.10 0.01 0.11 25.11 37.61 Zamarron Hugo 22.57 2.26 3.60 0.38 0.06 0.20 0.50 0.05 7.04 29.61 40.89 Docusign Envelope ID: 720AF0AC-3652-4F5F-AAF8-811EDEB21766