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Home My WebLink About08785ORDINANCE NO. 8785 AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN PIKES PEAK COMMUNITY COLLEGE AND THE CITY OF PUEBLO, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE THE SAME BE IT ORDAINED THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Memorandum Agreement, an agreement between Pikes Peak Community College and the City of Pueblo concerning responsibilities of each party in respect to Candidate Physical Ability Testing (CPAT) and the Pueblo Fire Department candidate participation in said testing, 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 City Council is authorized 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 the same. SECTION 3. The City of Pueblo will not be required to contribute any funds under the Agreement. SECTION 4. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance and the attached memorandum to effectuate the transactions described there herein. SECTION 5. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: October 14, 2014 BY: Ed Brown COUNCILPERSON PASSED AND APPROVED: October 27, 2014 City Clerk’s Office Item # R-3 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: October 14, 2014 TO: President Sandra K. Daff and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Dale E. Villers – Fire Department SUBJECT: AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN PIKES PEAK COMMUNITY COLLEGE AND THE CITY OF PUEBLO, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE THE SAME SUMMARY: Attached is a Memorandum of Understanding between the City of Pueblo and Pikes Peak Community College concerning responsibilities of each party in respect to Candidate Physical Ability Testing (CPAT) and the Pueblo Fire Department candidate participation in said testing. PREVIOUS COUNCIL ACTION: None. BACKGROUND: Pikes Peak Community College (PPCC) provides the Candidate Physical Ability Test (CPAT) to firefighter candidates under a limited-license agreement with the International Association of Firefighters (IAFF). The City of Pueblo is in need of an organization who is CPAT licensed and authorized to perform candidate testing as specified by the IAFF and CPAT Administration. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: Not Applicable. STAKEHOLDER PROCESS: Not Applicable. ALTERNATIVES: None. RECOMMENDATION: Approval of the Ordinance. Attachments: Memorandum of Understanding Department Certification PIKES PEAK COMMUNITY COLLEGE Contract#: PPCC 15-323 MEMORANDUM OF UNDERSTANDING between THE CITY OF PUEBLO AND PIKES PEAK COMMUNITY COLLEGE THIS MEMORANDUM OF UNDERSTANDING (MOU) made this 3rd day of September 2014 by and between the State of Colorado, Department of Higher Education, by the State Board for Community Colleges and Occupational Education,for the use and benefit of Pikes Peak Community College located at 5675 S.Academy Blvd., Colorado Springs, Colorado 80906, hereinafter referred to as "PPCC" and the City of Pueblo located at 1 City Hall Place, 3rd Floor, Pueblo, Colorado 81003 hereinafter referred to as "City" RECITALS WHEREAS, PPCC provides the Candidate Physical Ability Test (CPAT) to fire fighter candidates under a limited-license agreement with the International Association of Fire Fighters (IAFF). WHEREAS, City is in need of an organization who is CPAT licensed and authorized to perform candidate testing as specified by the IAFF and CPAT Administration for the Pueblo Fire Department. WHEREAS, it is the desire of both PPCC and City to enter into an agreement defining the responsibilities of each party in respect to CPAT testing and Pueblo Fire Department candidate participation in said testing. THEREFORE, PPCC and City do hereby agree: 1. General Information. a. Cooperate together to provide continuous evaluation of the use of the facilities for the student experience. b. Comply with all applicable State, Federal, and Local laws, rules and regulations. 2. PPCC Responsibilities: a. Have and maintain a valid CPAT license. b. Assist Pueblo Fire Department in meeting the terms of CPAT compliance to include pre-test orientation and mentoring requirements. 9 c. Maintain the capability and staff to validate the CPAT for jurisdictions through a transportability study. d. Provide consistent CPAT testing and administrations in accordance with the guidelines of CPAT and IAFF licensing requirements. e. Provide continuously available practice tests and orientations. f. Provide CPAT certificate to candidate upon acceptable completion. g. Ensure all CPAT equipment conforms to CPAT specifications. h. Provide verification of applicant's results and the expiration date of said results to the Pueblo Fire Department upon request. 3. City Responsibilities: a. Use CPAT results only for the purpose of candidate testing as specified by IAFF and CPAT Administration. b. Recognize and accept proof of completion of the CPAT from PPCC. 4. Term: This contract shall be effective upon final signature and shall be in effect for one (1)year and shall automatically renew for four (4) additional years, one year at a time. 5. Termination for Convenience. Either party may terminate this Agreement for any reason by providing thirty days written notice to the other party of its intention to terminate. 6. Integration of Understandings. This agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or affect whatsoever, unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules. 7. Choice of Law. The laws of the State of Colorado, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this contract. Any provision of this contract, 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, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract, to the extent that this contract is capable of execution. At all times during the performance of this contract, Contractor shall strictly adhere to all applicable 9 federal and State laws, rules, and regulations that have been or may hereafter be established. 2 8. Employee Financial Interest. CRS 24-18-201 and 24-50-507. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this contract. 9. Full Power and Authority. The parties hereby represent and warrant that they each respectively has full power and authority to undertake the obligations set forth in this Agreement, and that they have not entered into any other agreement, nor shall they enter into any other agreement, that would render them incapable of satisfactorily performing their obligations hereunder or that would place them in a position of conflict of interest or be inconsistent with obligations hereunder. Contract Routing Number: PPCC 15-323 THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT * Persons signing for PFD hereby swear and affirm that they are authorized to act on PFD's behalf and acknowledge that PPCC is relying on their representations to that effect. CITY OF PUEBLO STATE OF COLORADO John W. Hickenlooper, Governor Name: S AND ta,p4 K. -O P F v by and through the Department of Higher Education, State Board for Community Colleges and Occupational Title: PREszi>‘""v r o r'- c Y Co LA NG r L Education for the use and benefit of Pikes Peak (� Community College Signature or � Le d.� � l By: Brenda Lauer Date: /0 - 2 7-/4( Vice President for Administrative Services ATTEST: G Dutcher, City Clerk Date: iZ,/Z 3