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HomeMy WebLinkAbout05869 f RESOLUTION NO 5869 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE PUEBLO WEST METROPOLITAN DISTRICT RELATING TO RECIPROCAL FIRE PROTECTION ASSISTANCE. WHEREAS, reciprocal fire protection assistance between the City of Pueblo and the Pueblo West Metropolitan District will provide advantages and benefits to the City, the Metropolitan District, and the inhabitants of both; BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, THAT: SECTION 1 The reciprocal fire protection agreement between the city of peublo and the Pueblo West Metropolitan District, attached hereto as Appendix "A" is hereby approved and the Fire Chief and City Clerks are hereby authorized and empowered to execute same for and on behalf of the City. INTRODUCED August 25 ,1986 BY nOTTGT,AS L. RING Councilman APPROVED: ATTEST: C_(G President of the City Council i.L /$ • /L/ i y Clerk s RECIPROCAL FIRE PROTECTION ASSISTANCE PROGRAM This agreement is made and entered into this 14th day of October , 1986, between the Pueblo West Metropoli- tan District (hereinafter "District ") and the City of Pueblo, Colorado (hereinafter "City ") In consideration of the mutual benefits and advantages which will inure to the District, the City and the inhabi- tants of both, the parties hereto enter into this agreement and hereby agree as follows 1 On request to a Fire Chief or any Assistant Fire Chief of the City Fire Department by the District Manager, or, in his absence, by the Fire Chief or any Assistant Fire Chief or Captain of the District, the City will, subject to availability of equipment, personnel and such other condi- tions 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 District 2 On request to the District Manager, or, in his absence, to the Fire Chief of the District by the Fire Chief or any Assistant Fire Chief of the City Fire Department, the District will, subject to availability of equipment, person- nel 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 That 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 regular area of service It shall be entirely within the discretion of the designated representatives of the responding entity (in the case of the District, the District Manager, or, in his absence, the District Fire Chief or in the case of the City, the City Manager, the Fire Chief, or any Assistant Fire Chief) to determine what personnel and equipment shall answer any request for assis- tance 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 person- nel report to the Fire 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 emergen- cy create extraordinary exposure to injury or death, or when -2- 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 conse- quence of the 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 only by the liability, damage, workmen's compensation and /or other insurance coverage of said re- sponding 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 ninety (90) days advance written notice. 8 This agreement is not intended to, nor should it be construed to, create, affect or extend the legal respon- sibilities or liabilities of the parties hereto except as expressly stated herein, nor to create or extend any legal rights or remedy to or for the benefit of any other person or entity -3- 9 Nothing in this agreement shall be deemed to delegate or be constituted 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 or the District unless such authorization has been expressly granted by the City Council or the District Board of Directors, or unless the expendi- ture is one permitted by virtue of a duly adopted budget and is actually made by a person authorized to make such expen- ditures 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 enforc- ing any term of this agreement 12 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 term of this agreement 13 All modifications to this agreement shall be made in writing and shall become effective only upon approval of City Council by resolution and by the Board of Directors of the District by resolution WHEREOF, the duly authorized representatives of the parties hereto have executed this agreement the date and year first above written -4- oi A CITY OF PUEBLO PUEBLO WEST METROPOLITAN DIST / ^�, By �.�, By 11.1.-‘..-e/ � � Fie Chief President /Chairman Edmond Thomas Doyle ATTES ATTEST 4/ '.DAt, _M4.44 ! . L .. !�" _.I ,, Ma Mead, Ci ibil er k Secretary James A Driscol APPROVED AS TO FORM / // /tea Oil' Cit Atto e Y -5- MEMORANDUM TO Tom Jagger, City 4orney FROM Marian D Mead, City Clerk SUBJECT RECIPROCAL FIRE PROTECTION ASSISTANCE PROGRAM AGREEMENT - CITY OF PUEBLO & PUEBLE WEST METROPOLITAN DISTRICT DATE October 23, 1986 Attached are two copies of Reciprocal Fire Protection Assistance Program Agreement Jake Nielson informed that the Pueblo West officials have made a couple of slight changes in the Agreement and that you have approved these changes If so, please sign and return to me Also attached is a copy of the Agreement which Council approved by Resolution No 5869 on August 25 Thanks!