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Home My WebLink About05863 /) 1' � - ) RESOLUTION NO 5863 A RESOLUTION APPROVING A FIRE SERVICE AGREE- MENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND THE STATE BOARD OF AGRICULTURE BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that SECTION 1. The Fire Service Agreement dated July 14, 1986 between the City of Pueblo, a Municipal Corporation and The State of Colorado acting by and through the State Board of Agriculture relating to the provision of fire protection services and emergency first aid services at the University of Southern Colorado, a copy of which is attached hereto and incorporated herein, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is hereby directed and authorized to execute the Agreement for and on behalf of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED August 11, 1986 By PAUL JONES Councilman ATTEST APPROV D l ,dam, _.colec„e Ci erk P sident of the City Council FIRE SERVICE AGREEMENT THIS AGREEMENT is made and entered into this day of 1986, by and between the State of Colorado acting by and through the State Board of Agriculture (hereinafter "Board ") and the City of Pueblo, a Municipal Corporation (hereinafter "City ") WHEREAS, the board has the general supervision, control, and direction of the University of Southern Colorado (hereinafter "University ") which is located in the City; and WHEREAS, the City contends it is not responsible for provisions of fire protection or fire prevention at the University; and WHEREAS, the board contends the City is obligated to provide fire protection at the University; and WHEREAS, the University provides valuable services to and which enhance the community; and WHEREAS, intergovernmental agreements are specifically authorized by C.R.S. Section 29 -1 -203; and ; � N '',. , ;(-- ; ., ii - ,:y . 1. `,twn " " ° "j WHEREAS, the parties reserve their respective positions but believe it 'b� -t i' is in the best interest of the public to have an agreement concerning fire z!Y+. protection at the University , 1 3tt- NOW, THEREFORE, in consideration of the foregoing and promises i hereinafter set forth, the parties hereto enter into this Agreement and hereby agree as follows: I ii 1, This Agreement is not intended to, nor should it be construed to, create, affect, or extend the legal responsibilities or liabilities of the parties hereto except as expressly stated I1 herein, nor to create or extend any legal rights or remedy to or for the benefit of any other person or entity. 2. This agreement is entered pursuant to the authority of C.R.S. Section 29 -1 -203, and each party warrants that it has inde- pendent legal authority to provide the function, service, or facility which is contemplated wi,,hin and the subject of this Agreement. 3. 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. 4. In cooperation with and with the advice of the City Fire Department, University shall designate, maintain, and keep open Page 2 9, §y ;'1 rty r,4 all necessary or appropriate fire lanes on University property so T rn ^ ot ..; as to allow full access for City fire equipment and personnel. sy , 5. During the period of this Agreement, City shall provide fire protection services and emergency first aid services at university as follows: a. University shall promptly notify City's Combined Dispatch Center of all requests for assistance and provide all available information on the nature and location of the fire, emergency, or injury. b. At the time of any request for assistance, University shall have at least one security personnel present at the location of any fire, emergency, or injury. c. City will dispatch such equipment personnel to the scene of a fire, emergency, or injury at university as City determines appropriate based upon information provided to City by University. The City has reasonable determined, commensurate with its budget, the level of fire protection and emergency first aid services to be provided within the City, including University. In accordance with such determination and budget, the City shall dispatch equipment and personnel to the University on the same basis as it Page 3 dispatches equipment and personnel to any other entity, property located, or citizen within the Ctiy. Upon arrival of City fire personnel, the Chief, Assistant Chief, or Captain of City Fire Department present at the scene shall direct all fire fighting and emergency activities. 6 All personnel furnished by City pursuant to this Agreement are employees of City and shall be covered by workmen's compensation and any other insurance coverage of City. 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 in the service and employment of the City and not of the Board. 7. The Board is currently participating in the risk management or self insurance program established in Part 15 of Article 30 of Title 24, C.R.S. In the event that the Board no longer partici- pates in said risk management or self insurance program, it shall notify the City. 8. City may, of its own volition upon at least twenty -four (24) hours' advance notice, or at the request of Board of Boards designee, make advisory fire safety recommendations and building reviews at University and provide training assistance to Univer- sity personnel. However, advisory safety recommendations and Page 4 f,2„z, l 4' ( b ( A � '�� ryf m Nifr building reviews shall not be conducted more than twice a ca en- o dar year, regardless of who initiates them Nothing in the paragraph is intended, nor shall it be construed, to make City fire codes or regulations applicable to University nor to impose upon City any fire safety responsibilities or obligation, including without limitation, fire code enforcement or inspection, at or upon the University or to persons or property thereon. 9. Within 30 days of the effective date of this Agreement, University shall provide City with an inventory and location map of all toxic or hazardous materials or substances, all explosives, corrosive chemicals and flammable or combustible liquids, and all compressed gases located or stored by University on its campus. In the event of any fire or any emergency where hazardous materials or toxic substances are present, University shall, to the extent of its knowledge, advise City of same at the time of the request for assist ance. In such circumstances, as to such hazardous material or toxic substances, City's assistance shall be limited to any appropriate fire response and providing the initial emergency action necessary to minimize the effect of any hazardous materials incident. Nothing contained herein shall create any obligation upon the City, nor authorize any City employee, to posess, transport or arrange for transportation or disposal of any hazardous waste, hazardous material, or toxic substance or Page 5 F I'`fn I�• Fj I . to a 4 S, otherwise untertake any nonemergency cleanup operations at any e z >. incident site involving hazardous materials or toxic substances. Ty . 10 Nothing contained herein shall authorize any City employee to contract for materials or services on behalf of City unless authorized as provided by the Charter of the City of Pueblo and undertaken in accordance with applicable law 11. No act or omission of any employee or agent of the City or Board shall constitute a waiver or modification of any term of this Agreement, nor estop the City or Board from asserting or enforcing any term of this agreement. All modifications to this Agreement shall be made in writing and shall become effective only upon approval of the City Council and Board by resolutions. 12 The term of this agreement shall be from the date of its approval by the City Council and Board until July 14, 1991. Not less than 30 days before the expiration of the term of this agreement, representatives of the Board and City shall meet and negotiate a new agreement, if any. 13. This agreement may be terminted by either party, for any reason, upon 90 days prior notice to the other party. Notice shall be deemed given when mailed via first class U.S. mail to the City addressed to the Pueblo City Manager and the Pueblo City Fire Chief Page 6 and the Board addressed to Dr. Robert C. Shirley, President of the University of Southern Colorado. 14. The City and Board agree that in any dispute or litigation among themselves neither party will assert the invalidity or unlawfull- ness of this Agreement, nor raise such assertion as a defense. 15. This Agreement shall not be deemed valid until it shall have been approved by the Colorado Controller or such assistant as he may designate. 16. Financial obligations of the Board after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 17. The laws of the State of Colorado and the rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision of this Agreement whether or not incorporated herein by reference, which provides for arbitration by any extra - judicial body or person or which is otherwise in conflict with said laws, rules, fj and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which I j purports to negate this or any other provision herein in whole or Page 7 I yx t a c � � in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense, or otherwise. Any provisions rendered null and void by the operation of this provision will not invalidate the remainder of this Agreement to the extent that the Agreement is capable of execution. 18. The signatories hereto state that they are familiar with 18 -8 -301, et seq., (Bribery and Corrupt Influences) and 18 -8 -401, et seq., (Abuse of Public Office), C.R.S., and that no violation of said provisions are present. 19. The signatories hereto state that to thier knowledge, no Board employee has any personal or beneficial interest in the transaction described herein. 1 Page 8 ��I a F hn CITY OF PUEBLO ATTEST By Title PA_ C Approved as to form Cit Attorn STATE OF COLORADO, by and through the STATE BOARD OF AGRICULTURE fi ATTEST By President tl Secretary j l APPROVALS A ATTORNEY GENERAL, STATE OF COLORADO Il� By I:. First Assistant Attorney General i i CONTROLLER By I� I i I p 1 I I Page 9 qtr �'S