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HomeMy WebLinkAbout2019 Ordinance No. 037BY AUTHORITY ORDINANCE NO. 37 SERIES 2019 COUNCIL BILL NO. 35 INTRODUCED BY COUNCIL MEMBER RUSSELL AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND ARAPAHOE COUNTY FOR THE PROVISION OF EMERGENCY MANAGEMENT SERVICES TO THE CITY WHEREAS, Article XIV, Section I 8(2)(a) of the Constitution of the State of Colorado, and Part 2, Article I, Title 29, C.R.S. encourages and authorizes intergovernmental agreements; WHEREAS, Sections 29-1-203 and 29-1-203.5, C.R.S. authorize governments to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each; WHEREAS, the City of Englewood ("City"), a municipal corporation and home rule city, desires to engage Arapahoe County in assisting the City with the development and implementation of an Emergency Operations Plan by providing Emergency Management services; WHEREAS, Arapahoe County Office of Emergency Management ("OEM") will serve as the Office of Emergency Management for the City, delivering City specific products and expertise in the areas of all- hazards plans development, City Emergency Operations Center ("EOC") training, improvement plan implementation, and facilitate disaster cost recovery; WHEREAS, Arapahoe County will designate one (I) qualified, full time employee to act as the primary liaison between the City and OEM; WHEREAS, the full time employee shall be an employee of the Arapahoe County Sheriff's Office, ("ACSO") subject to all appropriate personnel policies and procedures of the ACSO; WHEREAS, the City will pay the salary of the designated liaison as follows: • Year One: salary of$105,000.00, • Years Two through Five: salary of$105,000.00, plus an annual increase of not more than five percent (5%); WHEREAS, in addition to the salary costs, the City of Englewood will pay the following costs of service: and • Year One: $8,000.00 for equipment • Years Two through Five: $8,000.00, plus an annual percentage increase of not more than three percent (3% ); WHEREAS, the City of Englewood will provide and maintain a suitable vehicle for use by the OEM liaison. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: 1 Section 1 . T he Intergove rnm e nt a l Agree ment between the City of Eng lewood a nd Arapa hoe Co un ty for th e pro vis ion of Emerge ncy Manage me nt Se rv ices attached he re to as "Ex hib it A," is he reby acce pte d and app rove d by the Englewood City Counci l. Section 2 . T he Mayo r is he reb y author ized to s ig n sa id Inte rgove rnm e ntal Agreemen t fo r and on behal f of th e C ity of Eng lewoo d. lntrodu ced, read in full , and passed o n firs t readin g on the 19th day o f August, 2019. Pu bli s hed by Ti tl e as a Bill fo r a n Ordinance in th e C ity's offic ia l news pape r on the 22 nd da y of Au g ust , 20 19. Publ ished as a Bill for an Ordinance on the Ci ty's offic ia l webs ite beg innin g o n the 2 I st day of A ugust , 20 19 for d1i rty (30) da ys. Read by Title an d passed on fin a l read in g o n th e 3rd day o f Septe mb er, 20 19. Publi shed by Titl e in the C ity's offi cia l news pape r as O rd inance o. 37, Series of 2019. o n the 5th day of Se pte mb er, 20 19. Pu b li shed by t itl e on th e C ity's o ffi c ia l webs ite begi nnin g o n th e 4 th da y of Septe mber, 201 9 fo r thirty (30) days. Thi s O rdinan ce sha ll ta ke effect thirty (30) days afte r pu b li c Li ATTEST: I, Ste ph ani e Carlile, C ity C le rk o f th e C ity of Englewood, Colora do, he reby ce1t ify t hat the a bove and foregoing is a true copy of th e Ordi na nce passed o n fi nal read ing a nd publi s hed by T it le as Ord in ance o. 37 , Se ries of 2019. 2 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND ARAPAHOE COUNTY FOR THE PROVISION OF EMERGENCY MANAGEMENT SERVICES TO THE CITY OF ENGLEWOOD BY THE ARAPAHOE COUNTY OFFICE OF EMERGENCY MANAGEMENT This Agreement is made and entered into this __ day of _____ ~ 2019, by and between the CITY OF ENGLEWOOD and the BOARD OF COUNTY COMMISSIONERS OF ARAPAHOE COUNTY, STATE OF COLORADO, on behalf of the Arapahoe County Sheriffs Office (collectively "ARAPAHOE COUNTY"), and provides as follows: WHEREAS, Article XIV, Section 18(2)(a) of the Constitution of the State of Colorado, and Part 2, Article 1, Title 29, C.R.S., encourages and authorizes intergovernmental agreements; WHEREAS, Sections 29-1-203 and 29-1-203.5, C.R.S. authorize governments to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each; WHEREAS, the City of Englewood, a municipal corporation and home rule city, desires to engage Arapahoe County in assisting the City with the development and implementation of an Emergency Operations Plan, and by providing Emergency Management services; and WHEREAS, the Arapahoe County Office of Emergency Management, which is part of the Arapahoe County Sheriffs Office ("ACSO") has demonstrated the ability to provide emergency management services of the highest professional standards to the citizens of Arapahoe County. NOW THEREFORE, in consideration of the terms and conditions set forth herein the parties agree as follows: AGREEMENT I. PURPOSE I. The City of Englewood ("COE") desires to engage the Arapahoe County Office of Emergency Management ("Arapahoe County OEM") for the purposes of developing all-hazards and emergency management plans, implementation and training that will be approved and/or adopted by the COE. In addition, the COE desires to contract witl1 the Arapahoe County OEM for ongoing emergency coordination in the event the COE requests emergency assistance pursuant to the plans and procedures adopted by the COE. 2. The Parties acknowledge that the intent of this Agreement is not to shift liability to Arapahoe County for assisting the COE in fulfilling its statutory all-hazards and emergency response responsibilities. The Parties also acknowledge and agree that while Arapahoe County will use its best efforts in preparing any plamiing documents and/or training provided pursuant to this Agreement, Arapahoe County nevertheless does not warranty any of the services or documents provided pursuant to this Agreement and disclaims any liability concerning the sufficiency of such documents, plans and/or training, which are subject to the COE's approval and/or adoption. The Parties further acknowledge that with respect to ongoing emergency coordination, Arapahoe County OEM shall be considered an agent of the COE and shall be acting pursuant to authority delegated to the Arapahoe County OEM, either directly or as delegated to the Arapahoe County OEM pursuant to such all-hazards and/or emergency plans as may be adopted by the COE in its sole discretion. II. ARAPAHOE COUNTY DUTIES 1. Arapahoe County OEM will serve as the Office of Emergency Management for the COE, delivering City specific products and expertise in the areas of all-hazards plans development, City Emergency Operations Center ("EOC") training, improvement plan implementation, and facilitate disaster cost recovery. 2. Oversee and direct the OEM for the City of Englewood, update and present an Emergency Operations Plan ("EOP") for authorization and acceptance by the City Manager. 3. Designate one (1) qualified, full time employee to act as the primary liaison between the City of Englewood and Arapahoe County OEM. This liaison shall be an employee of the ACSO, subject to all appropriate personnel policies and procedures of the ACSO. 4. Coordinate development and implementation of a Continuity of Operations Plan. 5. Coordinate and provide training for City of Englewood personnel on the adopted Emergency Operations Plan and required and relevant National Incident Management Systems ("NIMS") courses. · 6. Provide hands-on support in the event that the Englewood City Manager requests emergency assistance as will be defined in the EOP. 7. Provide disaster information for dissemination to internal and external stakeholders during an emergency event where the EOP is activated. 8. Coordinate and interface with appropriate local contact and regional, state, and federal agencies. 9. Provide regular monthly reports, written or in-person for the first year, covering the development and implementation of goals and objectives. Reports will be quarterly thereafter. 10. Provide a comprehensive after action report and improvement plan regarding any emergency response. 2 III. CITY OF ENGLEWOOD DUTIES 1. Provide a single point of contact -to work with the Arapahoe County OEM, which will be the City Manager, or his/her designee. The single point of contact must be of sufficient authority to direct participation of city staff in the event of training and/or EOP activations. 2. Coordinate regular meetings between City personnel and the Arapahoe County OEM, ensuring open and regular communications. 3. Actively participate at required levels in planning, training and activations as required by the City Manager in consultation with the Arapahoe County OEM. 4. Authorize the City Manager to adopt and implement agreed upon plans, but at a minimum, the Emergency Operations Plan, Continuity of Operations Plan, and Hazard Mitigation Plan. 5. Provide space, equipment and administrative support for an emergency operations center during a declared emergency event, at an appropriate COE facility. 6. Provide funding necessary to cover associated costs as outlined in Schedule A, attached hereto. Notwithstanding the fact that costs are based on a full-time employee position, the intent of this Agreement is that COE shall receive the benefit of the entire Arapahoe County OEM to provide services called for under this Agreement and any employee funded under this Agreement shall be an employee of the ACSO. 7. Provide and maintain a suitable vehicle for use by the OEM liaison. The City of Englewood will provide and maintain Automobile liability insurance at the current amounts of $5,000,000 (fine million dollars) each occurrence with a $5,000,000 (five million dollars) umbrella policy. 8. Make all payments for the services within thirty (30) days of the receipt ofan invoice from the County. IV. MISCELLANEOUS PROVISIONS I. Term and Termination. This Agreement shall have an initial term of one year, with five optional one year renewals, subject to approval by each Party and appropriations. This Agreement may be terminated by either Party at any time, with or without cause upon a Party providing no less than 180 days written notice to the other Party and upon fulfillment of any existing financial obligation. 2. Non-Appropriation. All financial obligations of a Party under this Agreement are subject to the annual appropriations of funds by its governing body. No provision of this Agreement will be construed or interpreted: (a) to directly or indirectly obligate a Party to make any payment in any fiscal year in excess of amounts appropriated by such Party for such fiscal year; or (b) as creating a debt or multiple fiscal year direct or indirect debt or other financial obligation whatsoever of a Party within the meaning of Article X, Section 20 of the Colorado Constitution or any other constitutional or statutory limitation or provision. 3 3. Notices. Any notice, demand or request required by or relating to this Agreement shall be given by personal delivery, e-mail, facsimile, or sent by registered or certified mail, postage prepaid, to each Party at the address set forth herein. CITY OF ENGLEWOOD 1000 Englewood Parkway Englewood, CO 80110 Attn: City Manager ARAPAHOE COUNTY 5334 South Prince Street Littleton, Colorado 80120-1136 Attn: Arapahoe County Attorney and (send to both) Arapahoe County Sheriffs Office Office of Emergency Management 13101 E. Broncos Parkway Centennial, Colorado 80112 Attn: Emergency Manager 4. No Third Party Beneficiaries. Nothing in this Agreement shall be deemed to create any third party beneficiary or beneficiaries, or create a right or cause of action for the enforcement of its terms, in any ehtity or person not a Party to this Agreement. 5. Amendments. No change, amendment, or waiver of any of the terms or provisions of this Agreement shall be valid or binding unless the same has been approved in writing by the governing bodies of both Parties. 6. No Assignment. This Agreement may not be assigned by either Party. 7. Severability. In the event that any of the terms, covenants or conditions of this Agreement, or their application, shall be held invalid as to any person, corporation, or circumstances by any court having competent jurisdiction, the remainder of this Agreement, and the application in effect of its terms, covenants, or conditions to such persons, corporations or circumstances shall not be affected thereby. 8 Governmental Immunity. This Agreement is not intended, and shall not be construed as a waiver of the limitations on damages or any of the privileges, immunities, or defenses provided to, or enjoyed by the Parties, their employees and volunteers, under federal or state constitutional, statutory or common law, including but not limited to the Colorado Governmental Immunity Act, Section 24-10-101, C.R.S., et seq., as may be amended. 9. Governing Law, Jurisdiction, and Venue. Colorado law governs this Agreement. Jurisdiction and venue shall lie exclusively in the District Court for Arapahoe County. I 0. Indemnification: To the extent authorized by law, and without waiving the provisions of the CGIA, the COE shall indemnify, save and hold harmless Arapahoe County against any and all claims, damages, liability and court awards including costs, expenses and attorney fees incurred as a result of any act or omission by the City, or its employees, agents, subcontractors, assignees 4 pursuant to the terms of this contract. The City is a "public entity" within the meaning of the Colorado Governmental Immunity Act, § 24-10-101 et seq., and nothing in this Agreement shall be deemed a waiver by the either Party of any provision of that Act. In executing this Agreement, Arapahoe County does not assume liability or responsibility for, or in any way release the COE from any liability or responsibility which arises in whole or in part from the City's exercise of its independent judgment and authority as it relates to the adoption or approval of specific emergency plans or determinations regarding the authorization of resources during an emergency response, including liability that arises based on the existence or effect of COE ordinances, policies, rules or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any such COE ordinance, policy, rule or regulation is at issue, the COE shall defend the same at its sole expense and, if judgment is entered or damages are awarded against the COE, Arapahoe County, or both, the COE shall satisfy the same, including all chargeable costs and reasonable attorney's fees. 1 I. Insurance. Required Policies. The COE is a member of the Colorado Intergovernmental Risk Sharing Agency, also known as, "CIRSA", with a current deductible of $150,000 (one hundred fifty thousand dollars), and the City shall maintain the following insurance coverage, with CIRSA at its own expense: Commercial General Liability insurance with minimum combined single limit of $ 10,000,000 (ten million dollars) each occurrence and$ 10,000,000 (ten million dollars) aggregate, covering all operations by or on behalf of each entity against claims for bodily injury, including death, personal injury, and property damage liability, and; Commercial Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than 5,000,000 (five million dollars) each occurrence for City owned vehicles. ARAPAHOE COUNTY shall insure vehicles owned by the COUNTY, and the COE shall insure vehicles owned by the COE, all as set forth in Section III, Paragraph 7 of this Agreement. Arapahoe County shall make provisions for workers' compensation insurance, social security employment insurance and unemployment compensation for its employees performing services under this Agreement as required by any law of the State of Colorado or the federal government and shall upon written request exhibit evidence to the CITY. The COE and the COUNTY are each responsible for the required and necessary workers' compensation coverage on their respective employees. Additional Insureds. All policies referenced in this Section shall be primary insurance with respect to the actions of the insured Party. The CO E's policies shall include Arapahoe County as an additional insured for damage or injury arising out of the premises or operations of the Party that is the named insured under the Policy. The named insured's policy shall provide primary 5 insurance for the additionally insured Party to the extent and in the manner provided in the applicable policy Certificates. The COE shall provide Arapahoe County with Certificates of Insurance for the coverages required under this Section at least thirty (30) days prior to the beginning of the term of this Agreement and notice at least thirty (30) days prior to any expiration of coverage. The Certificate will confirm that the carrier(s) will provide the Certificate holder with thirty (30) days written notice prior to the effective date of any cancellation, non-renewal or any other material change. 12. Waiver of Breach. A Party's waiver of another Party's breach of any term or provision of this Agreement will not operate or be construed as a waiver of any subsequent breach by any Party. 13. Execution. This Agreement may be executed in several counterparts, and by facsimile, or electronic pdf,. each of which shall be an original, and all of which together will constitute one and the same instrument. IN WITNESS WHEREOF, the Parties have caused to be executed this Intergovernmental Agreement regarding the Provision of Emergency Management Services by Arapahoe County, and the Arapahoe County Office of Emergency Management for the City of Englewood. CITY OF ENGLEWOOD Name: Linda Olson Title: Mayor Date: __________ _ ATTEST: Stephanie Carlile, City Clerk COUNTY OF ARAPAHOE Name: __________ _ Title: __________ _ Date: __________ _ ATTEST: [REMAINDER OF PAGE INTENTIONALLY BLANK] 6 SCHEDULE A-COSTS & EXPENSES 1.) Salary: One qualified, full time employee at the following rate of compensation: Year I Salary: $105,000.00 inclusive of benefits. Years 2-5 Salary: $105,000.00 plus a percentage increase of not more than five (5) percent annually as approved by the OEM in accordance with its personnel and compensation policies and procedures. 2.) Equipment Fee: Year 1:$8,000.00 Years 2-5: $8,000.00 plus an annual percentage increase of not more than three (3) percent per year. The initial payment from the City to the OEM shall be payable sixty (60) days after the final approval of the IGA, pro-rated for the remainder of 2019. In subsequent years, the OEM shall provide to the City a written request and explanation for cost adjustments for the upcoming fiscal year no later than July 15 th of each year, so that the City may appropriately budget for any increase in costs and expenses. The total annual payment for each subsequent year shall be provided to Arapahoe County no later than April I st of each year. 7