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Home My WebLink About08444ORDINANCE NO. 8444 AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN PUEBLO CHEMICAL DEPOT AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, ON BEHALF OF THE POLICE DEPARTMENT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Memorandum of Understanding between Pueblo Chemical Depot and the City of Pueblo, a Municipal Corporation, on behalf of the Pueblo Police Department, relating to the Pueblo Police Department, a Non-Department of Defense Agency, utilizing Pueblo Chemical Depot Training Areas, a true copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is hereby authorized and directed to execute the Memorandum of Understanding for and on behalf of Pueblo, a Municipal Corporation, and the City Clerk to attest same. INTRODUCED: January 9, 2012 BY: Leroy Garcia COUNCIL PERSON PASSED AND APPROVED: January 23, 2012 Background Paper for Proposed ORDINANCE DATE: AGENDA ITEM # R-1 January 9, 2012 DEPARTMENT: POLICE DEPARTMENT LUIS VELEZ, CHIEF OF POLICE TITLE AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN PUEBLO CHEMICAL DEPOT AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, ON BEHALF OF THE POLICE DEPARTMENT ISSUE Whether to approve the Memorandum of Understanding relating to the Pueblo Police Department, a Non-Department of Defense Agency utilizing Pueblo Chemical Depot Training Areas. RECOMMENDATION The department recommends approval of this ordinance. BACKGROUND This Memorandum of Understanding allows the City of Pueblo, through its police department, to utilize the Pueblo Chemical Depot training areas with the understanding that there are "inherent risks and hazards in conducting realistic training and they will not hold Pueblo Chemical Depot or the US Government liable for any loss, damages, or injuries that may occur during training." This agreement will take effect January 1, 2012 and be reviewed annually by both entities. It may be terminated by either entity upon sixty days written notice to the other entity. FINANCIAL IMPACT There is no cost associated with the use of this facility, however “the City of Pueblo and Pueblo Police Department can and will be held responsible for any damages to government property that are a result of their training.” r v�uw v 45825 HIGHWAY 96 EAST PUEBLO, COLORADO 81006 -9330 „0. -; .� GF. REPLY TO DEPARTMENT OF THE ARMY ii. ATTENTION OF: O a f. 1M �, 4III tc� ,,,.,,`', MEMORANDUM OF UNDERSTANDING BETWEEN PUEBLO CHEMICAL DEPOT AND THE CITY OF PUEBLO, FOR THE USE AND BENEFIT OF THE PUEBLO POLICE DEPARTMENT ( "Pueblo Police Department ") SUBJECT: Non - Department of Defense Agency Utilizing Pueblo Chemical Depot Training Areas 1. GENERAL: Non -DOD agencies will follow the procedure below when utilizing Pueblo Chemical Depot training areas. 2. PURPOSE: Agencies that request to utilize Pueblo Chemical Depot training areas recognize and understand that there are inherent risks and hazards in conducting realistic training and they will not hold Pueblo Chemical Depot or the US Government liable for any loss, damages, or injuries that may occur during training. 3. STATEMENT OF RESPONSIBILITIES. a. Pueblo Chemical Depot will: (1) Schedule range and training areas upon receipt of PCD Form 350 -1 dated Sep 11 Range/ Training Area Request Form. (2) PCD operations center will issue 1 Motorola XTS 5000R radio set on SEC 4, range key and range box if needed, and Opening and Closing check list to designated personnel. (3) Monitor hourly radio checks and act as dispatch in case of emergency. (4) Provide PCD Safety Brief and weather updates in the event of severe weather warnings. b. Pueblo Police Department Will: (1) Check -in at the Operations Center (OC) located in BLDG 2 with a copy of their approved PCD Form 350 -1 Range/ Training Area Request. (2) Provide a by name roster of personnel that will be training on Pueblo Chemical Depot. (3) Provide a safety plan and /or risk management work sheet to PCD Range Control Office. SUBJECT: Non - Department of Defense Agency Utilizing Pueblo Chemical Depot Training Areas (4) Adhere to PCD regulations, and standard operating procedures for conducting training on the depot. (5) In coordination with PCD officials, provide assistance, within capabilities, in event of emergencies as mutually agreed upon. 4. CONCEPT OF OPERATIONS IN THE EVENT OF AN ACCIDENT OR INCIDENT a. PCD Emergency Services Will:. (1) Assume command of the situation and remain in command until formally relieved by a superior officer. (2) Evaluate resource needs and request additional if needed ( ie. Flight for Life, AMR, ext.). (3) Size up the emergency situation. (4) Determine the primary objective(s) based on priorities. (5) Determine the strategy based on objective(s). (6) Develop plan of action based on objective(s) and strategy. (7) Coordinate with other arriving companies and units until relieved of command. (8) Communicate to the next in command the current situation and plan of action. (9) Whenever the incident is obviously beyond the capabilities of the first arriving company it may be better for the first in officer to initially set up a command post rather than become involved directly in the operation. 5. STATEMENTS OF AGREEMENT a. It is hereby mutually agreed between both parties that the City of Pueblo and the Pueblo Police Department will not hold Pueblo Chemical Depot or the United States Government liable for any damages, loss, or injuries incurred during their training. The City of Pueblo and Pueblo Police Department can and will be held responsible for any damages to government property that are a result of their training. b. The undersigned agree to mutually support each other as outlined in this agreement. 6. COMMUNICATIONS: SUBJECT: Non - Department of Defense Agency Utilizing Pueblo Chemical Depot Training Areas a. Operations Center: SEC 4 on radio or (719) 549 -4211. b. Security/ Law Enforcement: SEC 1 on radio or (719) 549 -4236. c. Fire /Rescue: FIRE 1 or (719) 549 -4688 or 549 -4911. d. Range Control Officer: SEC 4 on radio or (719) 549- 4404/4405/4431 or cell (719) 325- 9506 7. TERMS AND TERMINATION: This agreement will take effect and be implemented January 1, 2012. Both parties agree that this agreement contains the full agreement between the parties and supersedes all previous communications, either oral or written, pertaining to PCD DPTMS (TRNG) and The City of Pueblo and the Pueblo Police Department. If any provision(s) of this agreement are held to be invalid, illegal or unenforceable, the remaining provisions will not in any way be affected and the agreement will still be in effect. Both parties agree to review this agreement annually. It may be amended only by mutual written agreement of both parties. It may be terminated by either party upon sixty days written notice to the other party. Questions concerning this agreement should be referred to the Training Branch at (719) 549 -4404 for resolution. /4i A , ■ • • TIMOTHY M. GREENHAW Name: Chris . Kaufman LTC, CM Conunanding President of City Council Pueblo Chemical Depot Address: 200 S. Main Street Pueblo, CO 81003 January 23, 2012 3 SF! N \ Z DATE DATE ATTEST: CI CLERK