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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 Page 2 of5 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. LakewoodlWheat Ridge IGA for a Joint Emergency Operations Center Page3 of 5 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. 3 LakewoodlWheat Ridge IGA for a Joint Emergency Operations Center Page 4 of5 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- 4 LakewoodlWheat Ridge IGA for a Joint Emergency Operations Center Page 5 of5 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