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HomeMy WebLinkAboutResolution-1991-1249 RESOLUTION NO. 1249 Series of 1991 TITLE: A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH THE CITIES OF ARVAD A , BROOMFIELD, AND WESTMINSTER, AND THE COUNTY OF JEFFERSON FOR BUILDING INSPECTION SERVICES WHEREAS, Section 14.2 of the Home Rule Charter of the City of Wheat Ridge provides express authority to enter into intergovernmental agreements providing for cooperative efforts between governments; and WHEREAS, the above entities and the city of Wheat Ridge desire to establish a system for requesting assistance from each other for additional building inspection services in the event of a disaster emergency; and WHEREAS, none of the parties has the capacity to meet all of its disaster emergency needs by itself, but each has some capacity which could be spared in the event of a disaster emergency in a neighboring community; and WHEREAS, the parties desire to establish procedures and delineate responsibilities before the fact; NOW, THEREFORE, BE IT RESOLVED that: The Mayor of the City of Wheat Ridge is hereby authorized to execute an intergovernmental agreement with the Cities of Arvada, Broomfield, and Westminster, and the County of Jefferson, attached hereto and made a part hereof, for said building inspection services. DONE AND RESOLVED this 8th day of April, 1991. ~frI. J DAN WILDE, MAYOR ATTEST: -if I ,,,ct.,,, ,/ r"L"~ WANDA SANG, CITY CL K - BOARD OF COUNTY CO'TVIMISSIONERS RICH FERDINANDSEN District NO.1 MARJORIE E, CLEMENT District No 2 JOHN P STONE District No 3 Jefferson County Colorado February 19, 1991 Jack Prose, Building Official city of Wheat Ridge P.O. Box 638 Wheat R dge, CO 30033 RE: Building Official's Mutual ~id Agreement Dear Jack: Finally our Mutual Aid Agreement is about to come into being. The Board of County Corr.mlssioners of Jefferson County has adopted a Resolution and the Chairman has signed the Agreement. A signatory packet has been assembled and will be circulated to each of you for appropriate action in your jurisdictions. For your information and use prior to the arrival of the signatory packet, enclosed are copies of our briefing paper, Resolution and study copy of the Agreement. I hope this will be helpful to you in working with your own jurisdiction. I apologize for the length of time this has taken. Hopefully the rest of the process will be easier. Thank you for your cooperation and, if you have any questions, call me at 278-5875. 9ka~'~ Chief Building Official Jefferson County Bldg. Dept. 700 Jefferson County Parkway, Suite 240 Golden, CO 30401 (303) 278-5875 PWR/sh Encl. COURTHOUSE 1700 ARAPAHOE GOLDEN, COLORADO 80419-0001 - BRIEFING PAPER October 31, 1990 BUILDING OFFICIAL MUTUAL AID AGREEMENT For Action x For Information ISSUE: Should the Board of County Commissioners initiate an Intergovernmental Agreement with Arvada, Broomfield, ~estminster ~nd Whe~t Ridge to provide a mechanism for mutual aid in building 1nspect1on serV1ces 1n the event of a disaster emergency. BACKGROUND: A group of Jefferson County area building officials met and considered their jurisdiction's respective ability to cope with emergency building inspection services in the event of a natural disaster. DISCUSSION: In an emergency situation, intense building inspection efforts are required to provide for the health, safety and welfare of citizens. While none of the individual jurisdictions felt that they could handle all of their disaster emergency needs alone, each may have excess capacity to loan employees in the event of a disaster in a neighboring community. This agreement provides a framework to establish procedures and delineate responsibilities proactively. The agreement is patterned after the International Conference of Building Officials Uniform Disaster Mitigation Plan, which proved effective in the San Francisco Bay area earthquake as well as the Limon, Colorado tornado. This Agreement provides a means of loaning inspectors, at no cost to the borrower, across jurisdictional boundaries and fixes responsibilities for loaning and borrowing entities should an emergency situation arise. Basically, a "borrowing" community agrees to assume the cost of defending any actions arising from a "borrowed" employee and the "lending" jurisdiction agrees to cover the "loaned" employee's workmen's compensation insurance. OPTIONS: The analysis resulted in 3 possible options: 1. Do nothing and decline to help in a disaster emergency in a neighboring community. 2. Do nothing and respond to a request for assistance without the benefit of the protection provided by a formal agreement. 3. Enter into a Mutual Aid Agreement that will provide the framework and fix the responsibilities of borrowing and lending agencies. FISCAL IMPACT: None RECOMMENDATIONS: Option 3 is recommended. PROJECT CONTACTS: Paul Ratz and Carolyn Justice Commissioner 1S001 moved that the following Resolution be adopted: BEFORE THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF JEFFERSON STATE OF COLORADO RESOLUTION NO. CC90-497 RE: Adoption of a Building Official Mutual Aid Agreement WHEREAS, Jefferson County desires to establish a system for requesting assistance from, and granting assistance to, building inspection services in various municipalities within Jefferson County, including in particular the cities of Arvada, Broomfield, \~estminster and Wheat Ridge (all of which are home rule municipalities), in case of natural and non- natural disasters (e.g., floods, fires, hurricanes); and WHEREAS, neither Jefferson County nor any of the municipalities identified above has the capacity to meet its disaster emergency needs by itself; and WHEREAS, Jefferson County and the above named cities desire to identify procedures and delineate responsibilities for assisting each other in case of disaster: and WHEREAS, state law (in particular, CRS 29-1-203, and 24-33.5-709, -713) authorize the entering into of mutual aid agreements; and WHEREAS, the Board has reviewed, and favorably looks upon, a proposed Mutual Aid Agreement. NOW THEREFORE, be it resolved that the Board of County Commissioners approves the document attached hereto as Exhibit "A" and entitled "Building Official Mutual Aid Agreement" and the Chairman of the Board of County Commissioners is authorized to sign said Agreement on behalf of the Board. Page 2 CC90-497 Commissioner Resolution. follows: (501) seconded the adoption of the foregolng The roll having been called, the vote was as Commissioner (502) Commissioner (503) Commissioner IS041 The Resolution was adopted by (505) vote of the Board of County Commissioners of the County of-Jefferson, State of Colorado. DATED: J.5061. BUILDIllG OFFICIAL MUTt"AL AID AGREEMENT WHEREAS, The city of Arvada, the City of Broomfield, the City of Westminster and the City of Wheat Ridge, all be- ing home rule municipalities; and Jefferson county ("the parties") desire to establish a system for requesting assis- tance from each other for additional building inspection services in the event of a disaster emergency; and WHEREAS, none of the Parties has the capacity to meet all of its disaster emergency needs by itself, but each has some capacity which could be spared in the event of a disas- ter emergency in a neighboring community; and WHEREAS, the Parties desire to establish procedures and delineate responsibilities before the fact; and WHEREAS, Sections 29-1-203 and 24-33.5-709 and 713 C.R.S. provide for mutual aid agreements of this sort; NOW THEREFORE, The Parties ~utually agree as follows: I. PURPOSE The purpose of this Agreement is to provide a framework within which the Parties may lend building inspectors and other building officials to each other in the event of a di- saster emergency. II. DECLARATION OF EMERGENCY The provisions of this Agreement shall become operative upon the declaration of a local disaster emergency by the city manager, city administrator, mayor, county administra- tor or chair of the Board of Commissioners, as applicable, of the affected Party. Upon declaration of such an emergen- cy the Party declaring the emergency shall hereafter be called the "Borrowing Jurisdiction", and the other Parties shall be called the "Lending Jurisdictions". III. INITIATION Upon declaration of a disaster emergency the Borrowing Exhibit A Jurisdiction may request of the Lending Jurisdictions that they supply additional building inspectors or other buildi~~ officials to the Borrowing Jurisdiction on a temporary basIs not to exceed seven days. Upon receipt of such a request the Lending Jurisdictions may, consistent with their re- sources and other responsibilities at the moment, lend building inspectors and other building officials to the Bor- rowing Jurisdiction to assist in coping with and recoverino from the disaster emergency. - IV. RESPONSIBILITIES Employees designated by the Lending Jurisdictions shall be deemed loaned employees on temporary duty within the Bor- rowing Jurisdiction. While so loaned they shall be subject to the direction and control of the Borrowing Jurisdiction, except that any Lending Jurisdiction may require that its employees so loaned shall be under the immediate command and supervision of a superior designated by the Lending Juris- diction, which superior shall in turn be under the direct supervision of the Borrowing Jurisdiction. Loaned employees shall remain covered by the workmen's compensation coverage of the Lending Jurisdictions. Any liability which accrues under the provisions of Article 10 of Title 24, C.R.S., on account of the negligent or otherwise tortious act of any such loaned employee while performing such duty shall be the legal responsibility of the Borrowing Jurisdiction and not of the Lending JuriSdiction, and, similarly, the defense of any tort suit arising out of actions of a borrowed employee while on borrowed status shall be the responsibility of the Borrowing Jurisdiction. The Borrowing Jurisdiction agrees to defend, indemnify and hold the Lending Jurisdiction ha~- less for any cost arising from any such claim for negl' - gence. The Lending Jurisdictions shall remain respc. _ ~le for the pay, benefits, and other perquisites of employment of the loaned employees. The Lending Jurisdictions will make no claim for reimbursement of such expenses upon the Borrowing Jurisdiction. V. TERM OF AGREEMENT A. This Agreement shall be in full force and effect beginning upon the execution thereof by the second of the Parties, but any additional party shall not be bound or ben- efited until such time as it also executes the Agreement. B. Any Party may terminate its participation in this Agreement at any time by providing one month's written ad- vance notice of intent to terminate to the other parties. VI. A.!1ENDMENT This Agreement may be amended by the Parties, provided that any amendment shall be in writing and executed by all Parties hereto. VII. SEVERABILITY CLAUSE If any provision of this Agreement or the application hereof to any Party or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Agreement which can be given effect without the in- valid provision or application: and to this end the provi- sions of the Agreement are declared to be severable. VIII. EXECUTION OF COUNTERPART COPIES This Agreement may be executed in counterpart copies by each of the Parties: and provided all Parties hereto execute a copy, this Agreement shall be in full force and effect among them just as if they had all signed the same copy or the original of the Agreement. IN WIT~lESS \iHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto; ATTEST: [SEAL] Deputy Clerk and Recorder ATTEST: [SEAL] ATTEST: [SEAL] ATTEST: [SEAL] ATTEST: [SEAL] AP~L AS TO ;tU, , Carolyn ,D.C. Justice Assista County Attorney COUNTY OF JEFFERSON STATE OF COLORADO By r--' .l-~ John tone, Chair~an Board of County Commissioners Date: 1-11-'1\ CITY OF WESTMINSTER By Name: Title: Date: CITY OF BROOMFIELD By Name: Title: Date: CITY OF ARVADA Name: Title: Date: CITY OF WHEAT RIDGE Name: Title: Date: