TC Res. No. 1988-28•
RESOLUTION NO. 88- 28
SERIES OF 1988
A RESOLUTION DESIGNATING THE FIRE CHIEF AS THE EMERGENCY
RESPONSE AUTHORITY FOR HAZARDOUS SUBSTANCE INCIDENTS AND
APPROVING THE EAGLE COUNTY HAZARDOUS SUBSTANCE MUTUAL AID
AGREEMENT
WHEREAS, 29-22-101, C.R.S, as amended, provides that the
governing body of every town, city and city and county shall
designate by ordinance or resolution an Emergency Response Authority
for hazardous substance incidents occuring within the corporate
limits of such town, city, and city and county; and
WHEREAS, 29-22-103, C.R.S., as amended, encourages Mutual
Aid Agreements between Emergency Response Authorities, the Department
of Health and counties for the purpose of utilizing equipment and
expertise in order to safely handle hazardous substance incidents.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the
Town of Avon, as follows:
1. In accordance with Section 29-22-102(3)(a), the Emergency
Response Authority for hazardous substance incidents occuring within
the corporate limits of the Town of Avon shall be the Chief of the
Town of Avon Fire Department.
2. The Mutual Aid Agreement between the municipalities
located within the County of Eagle, the Sheriff of Eagle County, the
Colorado State Highway Patrol and the Eagle County Environmental Health
Department attached as Exhibit A is hereby approved and the Fire Chief
is hereby authorized and directed to sign the Mutual Aid Agreement
for the Town of Avon.
3. This resolution shall take effect immediately upon its
passage.
ADOPTED this 22nd day of November, 1988.
TOWN OF AVON, COLORADO
/s/ Gloria H- Memory
Gloria H. McRory, Mayor Pro
Tem
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HAZARDOUS SUBSTANCE RESPONSE
MUTUAL AID AGREEMENT
A reciprocal Hazardous Substance Assistance Agreement
between the Eagle County Board of County Commissioners,
The Town of Red Cliff, The Town of Minturn, the Town of
Vail, the Town of Avon, the Town of Eagle, the Town of
Gypsum, the Town of Basalt, the Eagle County Sheriff, and
the Colorado State Highway Patrol, relating to reciprocal
Hazardous Substance Incidents Response Assistance.
Whereas, reciprocal Hazardous Substance Response
Assistance between the above named Agencies and Towns
will provide advantages and benefits to the inhabitants
of Eagle County.
This agreement is made and entered into this
day of 198; by and between the
Eagle County Board of County Commissioners., the Towns of
Red Cliff, Minturn, Vail, Avon, Eagle, Gypsum, and
Basalt, the Eagle County Sheriff and the Colorado State
Highway Patrol.
In consideration of the mutual benefits and ad-
vantages which will insure to the Agencies and the
Response Authorities, the parties hereto enter into this
agreement and hereby agree as follows:
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(1) This agreement is not intended to, nor should it
be construed to: affect or extend the legal responsibilities
of any of the parties hereto, create, or modify preexisting
legal obligations, if any, create, or extend any legal rights
to any person, or to waive any claims which may arise as a
result of a Hazardous Materials Incident (including claims
for reimbursement from persons responsible for a hazardous
substance incident or from any emergency response funds cre-
ated under State or Federal Law). This agreement is entered
into for the express purpose of mutual cooperation and co-
ordination between various emergency response agencies with-
in Eagle County, Colorado in the event-of an occurence of a
Hazardous Material Incident. As used herein, the term
Hazardous Substance Incident shall be synonomous and shall
have the same meaning as provided in C.R.S. 29-22-101, as
amended, or as may be subsequently amended. All actions by
parties to this agreement performed in furtherance of this
agreement shall be deemed and considered, as performed pur-
suant to C.R.S. 29-22-101, etseq., as amended, and the par-
ties hereto have entered into this agreement in reliance upon
the rights and immunities conferred upon them by said Statute.
(2) Nothing in this Agreement shall be deemed to create,
alter or delegate the authority of any designated emergency
response authority.
(3) In the event the parties to this agreement form an
emergency response team, such team shall not exist as a legal
entity but may exist solely for purpose of training, education,
coordination, and rapid deployment of qualified personnel in
the event of a hazardous substance incident. Such team shall
not alter or effect the designation of any emergency response
authority, and any members of such team shall at all times
remain as employees of their respective employers and subject
to the terms of this Agreement.
(4) Any dispatch of equipment and personnel pursuant
to the agreement is subject to the following conditions:
a. The Incident Commander at a hazardous material
incident shall be an authorized representative of the
designated emergency response authority for the location
of the incident. He will notify the Emergency Operations
Center of the nature and magnitude of the hazardous
material spill or incident. The Incident Commander will
recommend what assistance is needed and identify and con-
tact the agencies that he anticipates will be necessary
for effective response.
b. To the extent reasonably possible, the entity
requesting assistance shall have two or more personnel
present at the location of any hazardous material in-
cident before requesting assistance.
C. The responding entity shall have it's personnel
report to the Incident Commander of the hazardous material
incident and abide by the orders of that official.
d.. The responding,entity shall be permitted to
withdraw its' personnel or equipment when:
1. Releasemby the Incident Commander.
2. The conditions at the hazardous material
incident create extraordinary exposure to
injury or death.
3. The needs of the responding entity require
the return of its' personnel or equipment.
e. Nothing contained herein shall authorize the
Incident Commander or any employees of a public entity
of a City or County to contract for materials or services
(whether or not an emergency exists) on behalf of their
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employer or any party hereto unless such authorization
has been expressly granted by the governing body of
the employer or party hereto, or unless the expenditure
is one permitted by virtue of a duly adopted budget and
is actually made by a person authorized by his employer
to make such expenditures.
(5) Each party hereto waives all claims against the
other parties for compensation for any loss, property damage,
bodily injury, or death occuring as a direct or indirect
consequence of the performance of this Agreement, except if
such loss, property damage, bodily injury, or death occurs
as a result of or willful and wanton acts, willful misconduct,
or gross negligence.
(6) Each party shall, at all times, be responsible for
its own costs incurred in the performance of.the Agreement,
subject to later reimbursement from responsible parties or
emergency response funds, and shall not.receive any reimburse-
ment from the other parties.
(7) All personnel and equipment of a responding Agency
shall be considered in the employment of the responding Agency
and shall be covered by the liability, damage, workmen's com-
pensation, and/or other insurance coverage of said responding
Agency. Such personnel, shall, while engaged in the performance
of services under this Agreement, retain all rights, privileges
and immunity of, and be deemed to be engaged in the service and
employment of the responding entity and not of any requesting
entity.
(8) Any party hereto may terminate or withdraw from
this Agreement upon ninety (90) days advance written notice
to all other parties.
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(9) This Agreement shall be effective upon approval bye'
all of the parties hereto when evidenced by duly passed re-
,solution or ordinance of each.
Whereof, the duly authorized representatives of the
parties hereto have executed this Agreement the date and
year first above written.
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MAYORS
Town of Red Cliff
By:
Mayor
Town of Minturn
By:
Mayor
Town of Vail
By:
Mayor
Town of von
By:
0
Attest- Town Clerk
Attest- Town Clerk
Date
Date
Attest- Town Clerk Date
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th, Fire Chief Attest-
Town of Eagle
By:
Mayor
Town of Gypsum
By:
/ ji/,>z j Zpli.
C1 94k Date
Attest- Town Clerk Date
Mayor Attest- Town Clerk Date
Town of Basalt
By:
Mayor Attest- Town Clerk Date
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BOARD OF COUNTY COMMISSIONERS
Eagle County Chairman
SHERIFF
Eagle County Sheriff
COLORADO STATE HIGHWAY PATROL
Eagle County Representative
ENVIRONMENTAL HEALTH
Eagle County Officer
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