Loading...
HomeMy WebLinkAbout10635RESOLUTION NO. 10635 A RESOLUTION APPROVING A RECIPROCAL FIRE PROTECTION ASSISTANCE AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE PUEBLO RURAL FIRE PROTECTION DISTRICT 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 Pueblo Rural Fire Protection District, 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 13 t _._ ...M Background Paper for Proposed RESOLUTION P � 410 &35 AGENDA ITEM # 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 PUEBLO RURAL FIRE PROTECTION DISTRICT 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 Pueblo Rural Fire Protection District? 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 13th day of February, 2006, between the Pueblo Rural Fire Protection District (hereinafter "District ") and the City of Pueblo, a Municipal Corporation (hereinafter "City"). In consideration, the mutual benefits and advantages which will inure to the District, the City, and the inhabitants of both, the parties hereto enter into 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 Fire Chief or any Assistant Fire Chief of the District, 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 District. 2. On request to the Fire Chief or Assistant Fire Chief of the District by the Fire Chief, Deputy Chief or any Assistant Fire Chief of the City Fire Department, the District will, subject to availability of equipment, personnel and such other conditions as are set forth herein, dispatch equipment and personnel of the District 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 the discretion of the designated representative of the responding entity (in the case of the District, the District Fire Chief or in the case of the City, the 1 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, Deputy Chief or Assistant Fire Chief or Captain 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 parry 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. 2 7. Either parry 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 state law, including but not limited to the Colorado Governmental Immunity Act, C.R.S. §24 -10 -101, et. seq. 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 City employee or District 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. Nothing contained herein shall authorize any District employee or City employee to contract for materials or serviced on behalf of the District unless such authorization has been expressly granted by the Board of Directors , 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 expenditures. 12. 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. 13. No act or omission of any employee of the District shall constitute a waiver or modification of any term of this Agreement nor estop the District from asserting or enforcing any terms of this Agreement. 3 14. All modifications 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 Board of Directors of the District by resolution. 15. The persons signing this Agreement on behalf of each party represent and warrant that such persons and their respective parry 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. WHEREOF, the duly authorized representatives of the parties hereto have executed this Agreement the date and year first above written. CITY OF PUEBLO President of the City Council PUEBLO RURAL FIRE PROTECTION DISTRICT ii ,i_O�, ATTEST: City rk APPROVED AS TO FORM: ATTEST: Secretary City Attorney