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HomeMy WebLinkAboutresolution.council.014-94 fA ., @..'... \\;, '. W, 'A ''<" d 0-,,'0 (~, RESOLUTION NO. (if Series of 1994 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASPEN AND THE ASPEN FIRE PROTECTION DISTRICT RELATIVE TO FIRE PROTECTION SERVICES WITHIN THE JURISDICTIONAL LIMITS OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council an intergovernmental agreement between the City of Aspen and the Aspen Fire Protection District, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that intergovernmental agreement between the City of Aspen and the Aspen Fire Protection District, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said agreement on behalf of the City of Aspen. the INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on 1"1 day of ~ ,1994. ~ 7. L7~- Joh S. Bennett, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true anll.accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a mel.':ting held on the day hereinabove stated. iga.res {-.. i. ,A \. ife.. '\., '\.. __ 1m.. INTERGOVERNMENTAL AGREEMENT FIRE PROTECTION DISTRICT THIS INTERGOVE~ AGREEMENT ("Agreement'"), is made and entered into as of this /.(j day of ~ ' 19991 by and among the CITY OF ASPEN, Colorado, a home-rule municipal corporation ("City"), and the ASPEN FIRE PROTECTION DISTRICT, a Colorado special district and quasi-municipal corporation as defined by Section 32-1-103(2), C.R.S. ("District") and is made and executed pursuant to Section 29-1-201, et seq., C.R.S., and it shall be liberally construed so as to promote and achieve the purposes as set forth herein. WIT N ESE T H: WHEREAS, the parties to this Agreement have the authority pursuant to Article XIV, Section 18, of the Colorado Constitution and Section 29-1-201, et seq., of the Colorado Revised Statutes, to enter into intergovernmental agreements for the purpose of providing any service or performing any function which they can perform individually; and WHEREAS, the District is authorized pursuant to Section 32-1-1001(1)(d), C.R.S., to enter into contracts and agreements affecting the affairs of the District; and WHEREAS, the District is authorized pursuant to Section 32-1-1002(d), C.R.S., to enforce fire codes within any municipality provided the municipality adopts a resolution stating that such code or specific portions thereof shall be applicable within the District's boundaries, and WHEREAS, the City has adopted by Ordinance No.9, Series of 1989, a fire code of the City of Aspen, by reference thereto, the Uniform Fire Code, 1988 edition, with certain amendments as set forth at Section 9-1 of the Aspen Municipal Code; and WHEREAS, the City desires to contract with the District all responsibility for the enforcement of said code and all other municipal ordinances and resolutions relating to the prevention of fires and the suppression of arson; and WHEREAS, the District desires to delegate to the City responsibility for maintaining payroll records for employees of the District and avail itself of certain insurance and employee benefit programs of the City. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements of the parties, and other good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. PUI:pose. This Intergovernmental Agreement is designed and intended to clarify the responsibilities of the District within the jurisdictional limits of the City of Aspen. with respect to fire prevention to delegate certain duties to the District including the enforce- ment of municipal ordinances relating to the prevention of fires and the suppression of arson, and to assign to the City certain payroll functions on behalf of the District. '..'8.'. , '\", ~.- \\. i!e..... ",' "< II. Fire Protection Services. A. The District shall, as part of the duties of a fire protection district, perform the following fire protection services within the jurisdictional limits of the City of Aspen: 1. Enforce the City's fire code, Chapter 9 of the Aspen Municipal Code, as may be amended from time to time. 2. Recommend to the City amendments to the City's fire code. 3. Conduct inspections for fire code compliance as requested by the City,as mandated by the City's fire code, or as often as the District shall deem necessary . 4. Compel the owners of premises, whenever necessary for the protection of the public safety, to install fire escapes, fire installations, fire proofing, automatic and other fire alarm apparatus, fire extinguishing equipment, and other safety devices, all as may be required by the City's fire code. 5. Exercise authority over the supervision of all fires, subject to the duties and obligations imposed by Section 32-1-1002(3), C.R.S. 6. Enforce all laws of the State of Colorado and the City of Aspen pertaining to the keeping, storage, use, manufacture, sale, handling, transportation, or other disposition of inflammable materials and rubbish, gunpowder, dynamite, crude petroleum or any of its products, explosive or inflamma- ble liquids or compounds, tablets, torpedoes, or any explosives of a like nature, or any other explosive, including fireworks and firecrackers. The District may also prescribe the materials and construction of receptacles to be used for the storage of any of said items. 7. Investigate or cause to be investigated the cause, origin, and circumstance of every fire occurring within the City of Aspen by which property is destroyed or damaged to determine whether the fire was the result of carelessness or design. Such investigation shall begin immediately upon the occurrence of the fire and if the District is of the opinion that the facts in relation to such fire indicate that a crime has been committed, the District shall present the facts of such investigation and the testi mon y taken from any person involved, together with any other data in its posses- sion, to the district attorney for Pitkin County and request that the district attorney institute such criminal proceedings as the investigation, testimo- ny, or data may warrant. 8. Review and issue, if appropriate, all requests for open burning permits. 2 - 'e ~.:.' '~~'" B. The District shall employ a Fire Marshal, and such subordinates as may be necessary to perform the duties as described in this agreement. The Fire Marshal and all subordinates of the Fire Marshal shall be: I. Employees of the District; and 2. Have the powers and duties to perform the fire protection services set forth above and all those powers and duties attributable to the "chief", "fire chief", "chief of the fire department", or "chief of the bureau of fire protection" as described in the Uniform Fire Code, adopted by reference in Chapter 9 of the Aspen Municipal Code. C. District agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability , claims, demands, and other obligations assumed by the District pursuant to the previous paragraph. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The District shall not be relieved of any liability, claims, demand, or other obligations assumed pursuant to the previous paragraph by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. 1. District shall procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to City. All coverages shall be continuously maintained to cover all liability, claimS,demands, and other obligations assumed by the District pursuant to paragraph C above. In the case of any claims-made policy ,the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. 0rt.lI. i'," \~ \, a. Workmen's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of the District's obligations under this contract, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self- insured status may be substituted for the Workmen's Compensation requirements of this paragraph. b. Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee 'e.' w ii '\"~- 3 -- 'It.. 0.~ '" (q % '\. acts), blanket contractual, firemen, fire fighters' error and omis- sion, fellow employee, and civil rights and assault and battery. The policy shall include coverage for explosion, collapse, and under- ground hazards. The policy shall contain a severability of interests provision. c. Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate with respect to each District owned, hired and non- owned vehicles assigned to or used in performance of the services. The policy shall contain a severability of interests provision. 2. The policy or policies required above shall be endorsed to include the City of Aspen and the City of Aspen's officers and employees as additional insureds. Every policy required above shall be primary insurance and any insurance carried by the City of Aspen, its officers or employees, or car- ried by or provided through any insurance pool of the City of Aspen, shall be excess and not contributory insurance to that provided by District. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from complet- ed operations. The District shall be solely responsible for any deductible losses under any policy required above. II,' """""'.-. ii"~ 3. The certificate of insurance provided by the City of Aspen shall be completed by the District's insurance agent as evidence that poHcies providing the required coverages, conditions, and minimum Hmits are in full force and effect, and shall be reviewed and approved by the City of Aspen prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City of Aspen. 4. Failure on the part of the District to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by District to City upon demand. 5. City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. 0.:e.' N 'C\ "<. 4 le~. ~. v' "< ft" '.~'. . ii, \{ '\\, -.... ~. - 6. The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the mone- tary limitations (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protection provided by the Colorado Governmental Immunity Act, Section 24-10-101 et sGq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. III. Payroll. Accounting. Employee Benefits and Indeoendent Contractor Status. A. The City shall perform payroll and accounting services for the Fire Marshal and all subordinates and support staff as follows: 1. The District shall advise the City of the names of all employees to be added to the District's payroll together with all relevant information required by the City's Finance Department (i.e. pay rate, social security number, W-4 form, and benefit eligibility and other deductions). 2. The District shall submit bi-weekly time sheets for its personnel to the City's Finance Department with all appropriate payroll records from which an accurate payroll can be prepared. 3. At the end of each month the City shall invoice the District for the total payroll expenses including salaries and employer share of taxes and benefits. District shall reimburse the City by the fifteen (15th) day of the next month. 4. City shall maintain payroll records for the District and shall prepare reports for the District on the same basis as the City prepares payroll reports for the City's payroll. The City shall prepare annual W-2 forms for distribution to District employees and the IRS. Taxes withheld and other deductions from gross salaries will be processed by the City on behalf of the District in the same manner as the City payroll. B. District employees shall be eligible to participate in the City's health insurance program and cafeteria plan to the same extent as City employees; provided, however, that the employees and the District pay all necessary premiums and costs therefor and, provided further, that the benefit providers permit participation by District employees. C. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. District shall be, and shall perform as, an independent contractor which agrees to use its best efforts to provide the said services as provided for in this agreement. No agent, employee, or servant of District shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested 5 ,"e ~.. """,~ - only in the results obtained under this agreement. The manner and means of conducting the work are under the sole control of the District. The District shall be solely and entirely responsible for its acts and for the acts of District's agents, employees, servants and subcontractors during the performance of this agreement. V. Amendments. This agreement constitutes the whole and complete agreement of the parties and no amendments hereto shall be effective absent the written consent of both parties. VI. Withdrawal. Both the City and District may withdraw from this agreement at any time upon written notification to the other sixty (60) days in advance of the date upon which they intend' to withdraw. CITY OF ASPEN, COLORADO By,~LT i.'It.' ATTEST: \, ~dk t-... '. By: ASPEN FIRE PROTECTION DISTRICT ~!Z")~pa;7) ATTEST: 7~~ FIRE.IGA 6