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IGA; Boulder County, City of Longmont; hazerdous materials response plan; Exp 1/1/2013 INTERGOVERNMENTALAGREEMENT FOR PARTICIPATION IN THE BOULDER COUNTY HAZARDOUS MATERIAL RESPONSE PLAN Between BOULDER COUNTY, COLORADO CITY OF LONGMONT, COLORADO CITY OF BOULDER, COLORADO In accordance with Colorado Statutes/Title 29 Goverrtment-LocaVHazardous Substance Incidentsi.4rticle 22 Hazardous Substance Incidents/29-22-102. This Agreement made and entered into this day of 200$by and between Boulder County, a body political and corporate, through the')~oulder County Sheriff s Office, The City of Longmont, and the City of Boulder, both municipal corporations. WHEREAS, the parties are authorized to enter into Intergovernmental Agreements pursuant to C.R.S.§29-1-203; and WHEREAS, pursuant to C.R.S. §29-22-102 (3) (a-b), the Sheriff is the Designated Emergency Response Authority for hazardous substance incidents within the unincorporated areas of the County; and WHEREAS, C.R.S. §29-22-103 (1) & (3) permits the Sheriff to request assistance and enter into agreements for the purpose of enhancing the response to hazardous substance incidents; and WHEREAS, the parties are desirous of entering into an agreement to form a Hazardous Materials Response Task Force to address hazardous substance incidents within Boulder County; and WHEREAS, the interests of the public are best served by the parties entering into such an agreement for the purpose of responding to hazardous substance incident. NOW, THEREFORE, The County of Boulder, through its Sheriff s Office; the City of Boulder, through its Fire Department; and the City of Longmont, through its Fire Department agree as follows: 1. Purpose The purpose of this Intergovernmental Agreement for participation in the Boulder County Hazardous Material Response Task Force is to establish a hazardous materials response plan that meets the needs of Boulder County and the political subdivisions located therein; establish the guidelines for supporting the Haz-Mat Response Teams operated by the Boulder Fire Department (BFD) and the Longmont Fire Department (LFD); and describe the general guidelines for team responses. II. Effective Date The operational aspects of this Agreement shall be effective as of the date it has been fully executed by all Parties. The funding component of the agreement shall be effective January I, 2008, provided the three jurisdictions involved meet the budget requirements described herein. The Agreement shall continue for a term of five years unless either party elects to terminate the Agreement at the end of an agreement year. An agreement year is January 1 through December 31 of each year. 2 llt. Governance A four person Board of Directors (BOD) shall govern the Agreement. The BOD shall consist of the Boulder Fire Chief, Longmont Fire Chief, the Environmental Health Division Manager for the Boulder County Public Health Department and the Boulder County Sheriff. The BOD shall meet twice annually for the purpose of reviewing funding, team capabilities and response guidelines. Additional meetings may be requested by any BOD member [o address issues that may arise. IV. Funding In order to maintain adequate hazardous materials response capability, both the BFD and LFD must have funding to enable their respective teams to operate in a safe and efficient manner. It is imperative that the funding be sufficient to provide for the human and material resources needed to meet the demands of hazardous material response. Appropriate training is critical in safely mitigating hazardous material threats and funds will be dedicated for this purpose. Boulder County will contribute to the operating expenses of the two teams based on population percentage figures of unincorporated Boulder County. The BOD will periodically review the census figures in order to adjust the percentage when necessary. Initially, the percentage will be 20% of the proposed operating budget for the unincorporated areas of Boulder County. The Sheriff of Boulder County will ensure that county funds are split equally between Longmont Fire and Boulder Fire. The City of Longmont and The City of Boulder will continue funding their respective teams through traditional city budgeting processes. The BOD will be responsible for reviewing and approving budget requests from the teams in order to establish the county's portion. The BOD members will then be responsible for submitting the budget requests to their respective jurisdictions during the annual budget cycle. The Haz-Mat Response Team Leader for each team will be responsible for submitting funding requirements before the mid-term meeting of the BOD. It is imperative that each Party meets their specified funding obligations in order to maintain the hazardous materials response capability required countywide. Should a jurisdiction's funding fall short the BOD will attempt to resolve the issue to ensure the Task Force's needs are met. This agreement does not preclude either the City of Longmont or the City of Boulder from funding their respective teams as deemed necessary by that jurisdiction. Each team may enter into other intergovernmental "retainer" agreements with other political subdivisions within Boulder County to perform hazardous materials response for that jurisdiction. Should either team enter into such an agreement. those funds will remain with that team's city for use by that team. These funds will not offset the budget responsibility of each Part}'. 3 Additionally, funds will be collected from billing private entities responsible for reimbursable hazardous material spills, as permitted by C.R.S. §29-22-104. Each municipality within Boulder County is responsible for billing private entities responsible for an incident occurring within their jurisdiction. Boulder County will be responsible for billing entities for incidents occurring in the unincorporated county and collecting the assessment. Funds received by the county will be returned to the respective team that performed the response. Joint responses, with both LFD and BFD involved, will be split between the two Parties based on their participation. The two team leaders will be responsible for determining and agreeing upon the expenses and each team will be reimbursed for their documented costs submitted to Boulder County. Team expenses relative to joint responses must be submitted together in order for the private entity to be billed accurately by the County. The initial response to anon-reimbursable hazardous materials incident shall be considered 4 hours, excluding travel time. Should an incident occur in the Boulder County unincorporated area that necessitates a prolonged response (over 4 hours) by either or both teams, the county will be obligated to reimburse the team(s) for the costs over the initial response period. Furthermore, in hazardous material incidents where the resources of both Boulder Fire and Longmont Fire are unavailable or have been exhausted, it may be necessary to activate mutual aid agreements with departments not mentioned in this agreement. The County will be responsible for these costs related to the reimbursement of the jurisdiction that provided the mutual aid support to address the hazardous material incident(s). V. Operations The Boulder County Sheriff will remain the Designated Emergency Response Authority (DERA) for the unincorporated areas of Boulder County; however, the Sheriff shall designate the Boulder County Hazardous Materials Task Force as the response entity. Both the BFD Haz-Mat team and the LFD Haz-Mat team will have the authority and be available to respond to incidents in all areas of Boulder County. Generally, the BFD team will be responsible for the area south of Highway 52, west to NiwoUNeva roads and Left Hand Canyon road in the mountains. [.FD's team will be responsible for everything north of that dividing boundary. Regazdless of the geographic areas of responsibility, the teams will work cooperatively and provide mutual support when the human and material resources available to handle the incident are beyond the capacity of the designated team for that geographical area. Both teams will have the authority to act as the Designated Emergency Response Authority (DERA) for Boulder County as outlined in this Intergovernmental Agreement. The Task Force will be responsible for responding to hazardous material incidents in the unincorporated areas of Boulder County, which are beyond the technical expertise 4 and resources of the local fire districts. Therefore, it is essential that both teams maintain a trained staff certified at the Colorado Technician level. The BOD will review the team status at the biannual meetings to ensure that the staffing level is appropriate for the mission and remains reasonably consistent bctween the two teams. Nothing in this Intergovernmental Agreement prohibits the Longmont and Boulder teams from adding members to their respective teams that are outside their departments. However, adding external team members will be done as a mutual agreement between LFD, BFD and the outside departments and will not impact the County's agreement under the IGA. VI. Indemnification Each Party agrees to be responsible for its own negligent actions or omissions, and those of its officers, agents and employees in the performance or failure to perform work under this Agreement. By agreeing to this provision, the Parties do not waive or intend to waive, as to any person not a party to the Agreement, the limitations on liability which are provided to the County, Probation and Public Health under the Colorado Governmental Immunity Act, §24-10-101, et sue., C.R.S. V[I. Insurance Requirements The Parties shall at all times during the tens of this contract maintain such liability insurance, by commercial polic}' or self-insurance, as is necessary to meet its liabilities. Vlll. Independent Contractors The Parties recognize and agree that the Parties receiving funds are independent contractors for all purposes, both legal and practical, in performing services under this Agreement, and that they and their agents and employees are not agents or employees of the County for any purpose. As an independent contractor, each Party receiving funds shall be responsible for employing and directing such personnel and agents as it requires to perform the services hereunder, shall exercise complete authority over its personnel and agents, and shall be fully responsible for their actions. Each Party receiving funds acknowledges that it is not entitled to unemployment insurance benefits or worker's compensation benefits from Boulder County, its elected officials, agents, or any program administered or funded by Boulder County. Each Party receiving funds shall be entitled to unemployment insurance or worker's compensation insurance only if unemployment compensation coverage or worker's compensation coverage is provided by that Party, or some other entity that is not party to this contract. Each Party receiving funds is obligated to pay federal and state income tax on any monies earned pursuant to the contract relationship. 5 IX. Amendments This Contract may be altered, amended or repealed only on the mutual agreement of the County and the Contractor by a duly executed written instrument. S IN WITN833 WHEREOF, the Parties have executed this Agreement on the date first written above. COUNTY OF BOULDER STATE OF COLORADO ATTEST: ~ ~ ~ Al , Administrative Deputy * 5~ Op *~l Ben Pearlman, Chair to the Board V'i, Board of County Commissioners ~ ~G' Date r (V~~}~~~{~j fig. `'NfYI ~ r . BOULDER Co. SHERIFF APPROVED AS TO FORM: oseph K. Pelle Date: / County Attorney's Of ice APPROVED AS TO FORM: Boulder Co. Public Health Department, Eaviroameatal Health Division Mgr ac Date: Z 6 CITY OF BOULDER ~ ~ ATTEST s ~f~- Frank Bruno City Clerk City Manager Date: ~~~LSf~b~ APPRO/Vn/E'uD AS TO F BOULDER FIRE DEPART~NT v -Y Ci y Att rney' Office ry ~ nner, Fire Chief 1/~(~~ ~ ~p~~''~}~ CITY OF GMONT ATTEST\\`V~W ~~JJ__C;~~ City Clerk Mayor Date: iz-iz-off APP/ROVED AS TO FORM: / LONCSdONT FIRB DEPARTb~N'P City Attorney s'Office Stephen runck,Fire Chief C ynz `i ~ ~:;Ja. s~ L~ 9'~ P-.,'- v K:Urad\IGA dce 9-19-2007-277.DOC ~