HomeMy WebLinkAboutResolution-2007-0045
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION 45
Series of 2007
TITLE:
A RESOLUTION APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE
AND THE CITY OF LAKEWOOD FOR THE OPERATION OF
A JOINT EMERGENCY OPERATIONS CENTER
WHEREAS, Emergency Operations Centers ("EOCs") are facilities used by
government personnel to respond to maj or disasters such as floods or hazardous
material spills that may affect large geographic areas and may cause major
property damage and loss of life ("Emergency Events"); and
WHEREAS, the City of Lakewood is constructing an Emergency Operations
Center; and
WHEREAS, Wheat Ridge and Lakewood have investigated the possibility of
creating a joint EOC. The investigation revealed that most communities are
regionalizing EOCs to maximize their ability to deal with disasters. The
investigation further revealed that the creation of a joint Lakewood- Wheat Ridge
EOC would increase the effectiveness of both Parties and that significant cost,
organizational and operational efficiencies could be realized if the Parties jointly
operate an EOC at the same location; and
WHEREAS, the Parties have determined it is in the best interest of their residents
to jointly construct, operate and maintain an EOC; and
WHEREAS, C.R.S. S 29-1-203 permits and encourages governments to make the
most efficient and effective use of their powers and responsibilities by
cooperating and contracting with other governments;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows:
This Agreement shall be in full force and effect on the date that both
Parties have executed this Agreement (the "Effective Date"). This
Agreement shall automatically renew for one- (1) year terms on the
anniversary of the Effective Date. A Party may terminate its
participation in this Agreement with or without cause after ninety- (90)
days written notice to the other Party.
DONE AND RESOLVED THIS 26th DAY OF November 2007.
~ ~~/~~
~er 'DiTullio, Mayor
ATTEST:
~
Michael Snow, City Clerk
INTERGOVERNMENTAL AGREEMENT
FOR A JOINT EMERGENCY OPERATIONS CENTER.
THIS INTERGOVERNMENTAL AGREEMENT FOR A JOINT EMERGENCY
OPERATIONS CENTER (this "Agreement") is made and entered into this ~day of
~ r .2007, by and between the CITY OF LAKEWOOD, a Colorado home rule
municipal corporation ("Lakewood"), and the CITY OF WHEAT RIDGE, a Colorado home
rule municipal corporation ("Wheat Ridge"). Hereinafter, Lakewood and Wheat Ridge may be
referred to individually as a "Party" or collectively as the "Parties."
WITNESSETH
WHEREAS, Emergency Operations Centers ("EOCs") are facilities used by government
personnel to respond to major disasters such as floods or hazardous material spills that may affect
large geographic areas and may cause major j-nvl'''.;y damage and loss oflife ("Emergency
Events"); and
WHEREAS, Lakewood is constructing an Emergency Operations Center; and
WHEREAS, Wheat Ridge and Lakewood have investigated the possibility of creating a
joint EOC. The investigation revealed that most communities are regionalizing EOCs to
maximize their ability to deal with disasters. The investigation further revealed that the creation
of a joint Lakewood- Wheat Ridge EOC would increase the effectiveness of both Parties and that
significant cost, organizational and operational efficiencies could be realized if the Parties jointly
operate an EOC at the same location; and
WHEREAS, the Parties have determined it is in the best interest of their residents to
jointly construct, operate and maintain an EOC; and
WHEREAS, C.R.S. S 29-1-203 permits and encourages governments to make the most
efficient and effective use of their powers and responsibilities by cooperating and contracting
with other governments;
NOW, THEREFORE, in consideration of the mutual covenants and commitments made
herein, the Parties agree as follows:
L Construction and Maintenance Costs.
A. Construction Costs. The Parties estimate that the cost to construct and equip the EOC
(the "Construction Costs") will be Three Hundred Forty Thousand Dollars ($340,000.00). The
Parties will divide the Construction Costs as follows: Lakewood will initially pay all
Construction Costs. Wheat Ridge will reimburse Lakewood for Sixty Thousand Dollars
($60,000.00) of the Construction Costs as follows: the reimbursement payments shall be made in
four annual installments of Fifteen Thousand Dollars ($15,000.00) each. The first payment will
be made on October 1,2007. The remaining three payments will be due on or before October 1"
LakewoodIWheat Ridge IGA
for a Joint Emergency Operations Center
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of each of the next three succeeding years. Lakewood shall bear alone any cost in excess of the
Construction Costs estimate.
B. Maintenance Costs. The Parties agree that upgrades to and routine maintenance of the
EOC will be required in the future. The costs associated with upgrades and maintenance
("Maintenance Costs") may include but are not limited to contractual maintenance agreements
with area contractors and upgrades and replacements to existing equipment and furnishings. Any
and all future maintenance and equipment costs directly impacting the EOC which are to be
borne by both Parties shall be approved, in writing, by each of the Parties prior to such costs
being incurred. Future Maintenance Costs shall be borne by the Parties using the current
construction percentage allocation (Lakewood 82.4% and Wheat Ridge 17.6%).
II. Use of the EOC. The EOC is intended to be used primarily for Emergency Events and
training exercises and such uses shall take precedence over all other uses. The EOC may also be
used by either Party for meetings and other events. The Parties shall coordinate all non-
emergency uses ofthe EOC with each other through a reservation system.
III. Staffing of the EOC. During an Emergency Event that affects both Parties, each Party
shall make their best effort to provide at least one EOC team to staff the EOC during the
Emergency Event. An "EOC Team" shall be comprised of a public information officer and at
least one member for each ofthe following sections:
. Operations
. Planning
. Logistics
. Finance
If an Emergency Event affects just one of the Parties and the affected Party requests
assistance from the other Party, it is understood that the requesting Party's staffing levels to
operate the EOC may be limited due to the nature of the Emergency Event. However, in all
cases, the requesting Party shall provide sufficient personnel to adequately staff at a minimum
the Operations, Planning, Logistics and Finance Functions of the EOC for the duration of the
event.
IV. Training Standards: Annual Joint Training Exercises. Training ofEOC Teams shall be to
those training standards established by the National Incident Management System. The Patties
shall hold at least one joint training exercise each year this Agreement is in effect.
V. Term. Renewal and Termination of Agreement. This Agreement shall be in full force and
effect on the date that both Parties have executed this Agreement (the "Effective Date"). This
2.
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for a Joint Emergency Operations Center
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Agreement shall automatically renew for one- (1-) year terms on the anniversary of the Effective
Date. A Party may tenninate its participation in this Agreement with or without cause after
ninety- (90-) days written notice to the other Party.
VI. General Terms and Conditions.
A. Disnute Resolution. In the event of a dispute, the Parties will meet in good faith to
solve the dispute. In the event this process is not successful, all avenues provided by
law or equity will be available.
B. Amendments. This Agreement may be amended or modified only by a written
instrument signed by authorized representatives of the Parties.
C. Nelllillence. Each Party will be responsible for its own negligence, including that of
its officers, insurers, agents, representatives, volunteers, employees and assigns
("Representatives"), whether providing assistance at an Emergency Event in
Lakewood or in Wheat Ridge.
D. Worker's Comnensation. Each Party shall be responsible for claims for worker's
compensation of its own employees.
E. The Representatives that are assigned by a Party to assist with an Emergency
Event shall remain the Representatives ofthe assigning Party regardless of
whether said Representatives are assisting at an Emergency Event in Lakewood or
in Wheat Ridge. No Representative of either Party shall make any representation
that he or she is a Representative of the other Party for any purpose.
F. No Third Partv Beneficiarv. This Agreement is for the benefit of the Parties and their
successors and permitted assigns, and nothing in this Agreement gives or should be
construed to give any legal or equitable rights under this Agreement to any person or
entity, other than the successors and assigns of the Parties.
G. No Waiver. The failure of a Party in anyone or more instances to insist upon strict
performance of any of the terms and provisions of this Agreement, or to exercise any
option herein conferred shall not be construed as a waiver or relinquishment, to any
extent, of the right to assert or rely upon any such terms, provisions or options on any
future occasion. No provision ofthe Agreement shall be deemed waived, unless such
waiver is made in writing and signed by a majority of the parties.
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LakewoodlWheat Ridge IGA
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H. Severabilit,!. If any of the provisions of this Agreement shall be invalid or
unenforceable, such invalidity or unenforceability shall not invalidate or render
unenforceable the entire Agreement but rather the entire Agreement shall be
construed as if not containing the particular invalid or unenforceable provision or
provisions, and the rights and obligations of the party shall be construed and enforced
accordingly to effectuate the essential intent and purposes of this Agreement.
I. Governing Law and Venue. This Agreement shall be construed in accordance with,
and its performance governed by, the laws ofthe State of Colorado. Any legal action
concerning the provisions hereof shall be brought in Jefferson County, Colorado.
J. Survival. The provisions of this Agreement that, by their sense and context, are
intended to survive performance by the Parties shall also survive the completion,
expiration, termination or cancellation of this Agreement.
K. Governmental Immunitv. The Parties, their officers, and their employees, are relying
on, and do not waive or intend to waive by any provision of this Agreement, the
monetary limitations (presently one hundred fifty thousand dollars ($150,000) per
person and six hundred thousand dollars ($600,000) per occurrence) or any other
rights, immunities, and protections provided by the Colorado Governmental
Immunity Act, C.R.S. S 24-10-101, et seq., as amended, or otherwise available to
JCETSA and the Members and their officers or employees.
1. No Multinle Fiscal Year Oblillation. Because this Agreement will extend beyond the
current fiscal year, the Parties understand and intend that the obligation of the Parties
to pay any funds hereunder constitutes a current expense of the Parties payable
exclusively from the Parties' funds and shall not in any way be construed to be a
general obligation indebtedness ofthe Parties within the meaning of any provision of
Article XI of the Colorado Constitution, or any other constitutional or statutory
indebtedness. Neither of the Parties has pledged the full faith and credit ofthe state
or the Parties to the payment of the charges hereunder, and this Agreement shall not
directly or contingently obligate the Parties to apply money from, or levy or pledge
any form of taxation to, the payment of any funds.
M. N on-aunrouriation. The payment of a Party's obligations in fiscal years subsequent
to the current year are contingent upon funds for this Agreement being appropriated
and budgeted. If funds for this Agreement are not appropriated and budgeted in any
year subsequent to the fiscal year of execution of this Agreement, the non-
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appropriating Party's participation in this Agreement shall terrilinate. The Parties'
fiscal years are currently the calendar year.
IN WITNESS WHEREOF, the parties have executed this Agreement.
CITY OF LAKEWOOD, a Colorado
mnnicipal corporation
AT
APPROVED AS TO FORM:
/7. '~8)iJi
:/-,. i,
(/ ~;;; . .
CIty orney
APPROVED:
CITY OF WHEAT RIDGE, a Colorado
municipal corporation
r--
By: IA~ /1' rJ)t
J rr(fUlliO, i.1ayor
ATTES :
(~~'L ,\(j%, c;p~~~^
Michael Snow, City ~erk \ ~'~\
APPROVED AS TO FORM:
~VJt \~A iI1L1#l--
Office of City Attorney
5