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Home My WebLink About10634RESOLUTION NO. 10634 A RESOLUTION APPROVING A RECIPROCAL FIRE PROTECTION ASSISTANCE AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE TRANSPORTATION TECHNOLOGY CENTER, INC. AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME WHEREAS, emergencies may arise resulting in greater demands than the personnel and equipment of that jurisdiction can handle, and WHEREAS, it is in the best interest of each of the jurisdictions to have access to emergency resources to supplement their own during an emergency. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO. that: The Reciprocal Fire Protection Assistance Agreement dated February, 13, 2006 between the City of Pueblo and the Transportation Technology Center, INC., a copy of which is attached hereto, is hereby approved and the President of the City Council is authorized and directed to execute the agreement for and on behalf of the City of Pueblo and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED February 13, 2006 BY Jeff Chostner Councilperson APPROVED: — , President of City Council ATTESTED BY: CITY CLERK j Background Paper for Proposed RESOLUTION A 60, �v 106�23q AGENDA ITEM #q DATE: FEBRUARY 13, 2006 DEPARTMENT: FIRE -GREG MILLER TITLE A RESOLUTION APPROVING A RECIPROCAL FIRE PROTECTION ASSISTANCE AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE TRANSPORTATION TECHNOLOGY CENTER, INC. AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME ISSUE Should the City of Pueblo enter into a Reciprocal Fire Protection Assistance Agreement with the Transportation Technology Center, INC.? RECOMMENDATION Approval of Resolution BACKGROUND We are reviewing and updating all of our reciprocal fire protection assistance agreements with local jurisdictions. FINANCIAL IMPACT There is no foreseen financial impact. RECIPROCAL FIRE PROTECTION ASSISTANCE AGREEMENT This agreement is made and entered into this 13 day of February, 2006 between the Transportation Technology Center, Inc. (hereinafter "TTCI ") and the City of Pueblo, a Municipal Corporation (hereinafter "City"). In consideration of the mutual benefits and advantages which will inure to TTCI, the City, and the inhabitants of both, the parties hereto enter in this agreement and hereby agree as follows: 1. On request to a Fire Chief, Deputy Chief or any Assistant Fire Chief of the City Fire Department by the TTCI Fire Chief or Safety Officer, the City will, subject to availability of equipment, personnel and such other conditions as are set forth herein, dispatch equipment and personnel of the City Fire Department to the location of any fire or related emergency within the geographic limits of the Transportation Technology Center as shown on Exhibit "A ". 2. On requests to the TTCI Fire Chie9f or Safety Officer by the Fire Chief, Deputy Chief or any Assistant Fire Chief of the City, TTCI will, subject to availability of equipment, personnel and such other conditions as are set forth herein, dispatch equipment and personnel of TTCI to the location of any fire or related emergency within Pueblo City Limits. 3. Any dispatch of equipment and personnel pursuant to this Agreement is subject to the following conditions: a. A dispatch of equipment and personnel will only be made by the responding entity when it may be consistent with the continued safety of persons or property within its area of service. It shall be entirely within 1 the discretion of the designated representative of the responding entity (in the case of TTCI, the Fire Chief or Safety Officer, on in the case of the City, the City Manager, the Fire Chief, Deputy Chief or any Assistant Fire Chief) to determine what personnel and equipment shall answer any request for assistance. b. To the extent reasonably possible, the entity requesting assistance shall have one or more personnel present at the location of any fire or related emergency before requesting assistance and shall indicate the nature of equipment and number of personnel requested and the location to which same are to be dispatched. c. The responding entity shall have its personnel report to the Fire Chief or other official in charge of the requesting entity and be subject to the orders of that official. d. The responding entity shall be permitted to withdraw its personnel or equipment when same are released by the requesting entity, when same are no longer required at the location, when the conditions at the fire or emergency create extraordinary exposure to injury or death, or when same are needed or may be needed to insure adequate fire protection within its regular service area. 4. Each party waives all claims against the other party for compensation for any loss, property damage, bodily injury, or death occurring as a direct or indirect consequence of the performance or non - performance of this agreement. 5. Each party will, at all times, be responsible for its own costs incurred in the performance of this Agreement and shall not receive reimbursement from the other party. 6. All personnel and equipment of a responding party shall be covered by the liability, damage workers' compensation and /or other insurance coverage of said responding party and 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 the requesting entity. 7. Either party hereto may terminate this Agreement at will upon thirty (30) days advance written notice. 8. Nothing in this Agreement is intended, nor should it be construed, to create or extend any rights, claims or benefits or assume any liability for or on behalf of any third party, or to waive any immunities or limitations otherwise conferred under or by virtue of federal or sate law, including but not limited to the Colorado Government Immunity Act, CRS 24 -10 -101, et, seg. 9. Nothing in this Agreement shall be deemed to delegate or be construed as the delegation or assignment of power or authority of either party to the other party. 10. Nothing contained herein shall authorize any TTCI employee or City employee to contract for materials or services on behalf of the City unless such authorization has been expressly granted by the City Council, or unless the expenditure is one permitted by virtue of a duly adopted budget and is actually made by a person authorized to make such expenditure. 11. No act or omission of any employee of the City shall constitute a waiver or modification of any term of this Agreement, nor estop the City from asserting or enforcing any term of this Agreement. 3 12. No act or omission of any employee of TTCI shall constitute a waiver or modification of any term of this agreement, nor estop TTCI from asserting or enforcing any term of the Agreement. 13. All modification to this Agreement shall be made in writing and shall become effective only upon approval of City Council by resolution and by approval of the TTCI. 14. The person signing this Agreement on behalf of each parry represent and warrant that such persons and their respective party have the requisite power and authority to enter into, execute, and deliver this Agreement and that this Agreement is a valid and legally binding obligation of such party enforceable against it in accordance with its terms. WHEREFOF, the duly authorized representatives of the parties hereto have executed this Agreement the date and year first above written. CITY OF PUEBLO B President of City COUncil TRANSPORTATION TECHNOLOGY CENTER, INC. By President of CI Roy A. Allen ATTEST city CI TTCI safety Officer Terrance O. Terrill APPROVED AS TO FORM: City Attorney r " 7r ire Chief Leland L. Lile 8 PUEBLO COUNTY FIRE PROTECTION AREAS El Paso County l/ Pueblo EmergencyjResponsi Teams 2 Miles I H° "tea coY FIRE DISTRICTS TEAM O Beulah Volunteer Fire Department Boone Volunteer Fire Department O CM of Pueblo Fire - Edison Volunteer Fire Department - Fort Carson Military Reservation Fowler Rural Fire Protection District O Puabb Chemical Depot 0 Puebb Emergency Response Teams ® NOW Reservoir State Park %able Rural Fire District _ Pueblo West Fire Department ® Red Creek Volunteer Fire Department Rye Fire Protection District Transportation Technology Center Inc. - West Park Fire Disaict MAP KEY — Roads — Water ��j San Isabel National Forest C = j County Boundaries Lincoln Note: L Fire protection • ✓ �aa An `u area boundaries illustrated rmas CO on this map are a combination of �nty taxing district boundaries, contract areas and other long -term (one or more years) commitments. 2. Due to the scale of this map, individual property owners are advised to check with their fire department to verify fire service to their property. 3. The Pueblo Emergency Response Teams provides wildland fire protection only in the area shown in yellow. Structural fire protection, if provided, will be through mutual aid from other departments in Pueblo County that are trained, equipped and available to provide that service. Prepared 10/1312005 by the Pueblo County GIS Center For Pueblo County Department of Emergency Management Unsuthonzed reproduction or dudkoation of this document is strictly prohibited without written consent by Me Pueblo County GIS Center The Pueblo County GIS Center makes no claims as to the acmracy of the information portrayed in this document. For further information, please contact Me Pueblo County GIS Center . x111 ro roux 0 I@ ij�� to 0 o a Edison V.F.U. a rn� o d o "' C C U u d � c 0 0 U PUEBLO Pueblo 0 _ Chemical\ w Note: L Fire protection • ✓ �aa An `u area boundaries illustrated rmas CO on this map are a combination of �nty taxing district boundaries, contract areas and other long -term (one or more years) commitments. 2. Due to the scale of this map, individual property owners are advised to check with their fire department to verify fire service to their property. 3. The Pueblo Emergency Response Teams provides wildland fire protection only in the area shown in yellow. Structural fire protection, if provided, will be through mutual aid from other departments in Pueblo County that are trained, equipped and available to provide that service. Prepared 10/1312005 by the Pueblo County GIS Center For Pueblo County Department of Emergency Management Unsuthonzed reproduction or dudkoation of this document is strictly prohibited without written consent by Me Pueblo County GIS Center The Pueblo County GIS Center makes no claims as to the acmracy of the information portrayed in this document. For further information, please contact Me Pueblo County GIS Center . x111 ro roux 0 I@ ij�� to 0