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HomeMy WebLinkAbout08915ORDINANCE NO. 8915 AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN U.S. ARMY GARRISON, FORT CARSON COLORADO AND THE CITY OF PUEBLO BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Mutual Aid Agreement between the City of Pueblo and the United States of America, acting by and through the Secretary of the Army, a copy of which is attached hereto, is hereby approved. The President of City Council is authorized and directed to execute this 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. SECTION 2. The officers of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance to effectuate the policies and procedures described herein. SECTION 4. This Ordinance shall become effective immediately upon final passage. INTRODUCED: August 10, 2015 BY: Dennis Flores PASSED AND APPROVED: August 24, 2015 City Clerk’s Office Item # R-4 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: August 10, 2015 TO: President Steve Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Shawn Shelton – Fire Department SUBJECT: AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN U.S. ARMY GARRISON, FORT CARSON COLORADO AND THE CITY OF PUEBLO SUMMARY: Attached is a Mutual Aid Agreement between the City of Pueblo and Fort Carson Military Base concerning mutual aid responses and various specialty training courses exchanged between the City of Pueblo Fire Department and the Fort Carson Fire and Emergency Services Division. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The proposed Ordinance approves a Mutual Aid Agreement between Fort Carson and the City of Pueblo, for both emergency response and training. Fort Carson maintains an Urban Search and Rescue (USAR) squad that is unique to Southern Colorado. Access to this team would be just one of the benefits of this Agreement since it is not financially practical for the City of Pueblo Fire Department to maintain this type of service. Fort Carson also maintains certified trainers in various specialty rescue skills that can provide valuable training to the City of Pueblo Fire Department at little to no cost. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: None. RECOMMENDATION: Approval of the Ordinance. Attachments: Mutual Aid Agreement (3) The responding organization shall be permitted to withdraw its personnel or equipment when same are released by the requesting organization, 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) If a crash of aircraft owned or operated by the United States or military aircraft of any foreign nation occurs within the area for which the City normally provides fire protection, the Chief of the Fort Carson Fire Department or his or her representative may assume incident command under unified command structure upon arrival at the scene of the crash. e. Each party hereby waives all claims against every other party for compensation for any loss, damage, personal injury or death occurring as a direct or indirect consequence of the performance of this agreement except those claims authorized under 15 U.S.C. 2210. f. The chief officers and personnel of both agencies to this agreement are invited and encouraged, on a reciprocal basis, to frequently visit each other's activities for guided familiarization tours consistent with local security requirements and, as feasible, to jointly conduct pre-fire planning inspections, training and drills. g. The technical heads of the fire departments of the parties to this agreement are authorized and directed to meet and draft any detailed plans and procedures of operation necessary to effectively implement this agreement. Such plans and procedures of operations shall become effective upon approval and/or ratification by the signatory parties. h. All equipment used by City of Pueblo Fire Department in carrying out this agreement will be owned by the City; and all personnel acting for City under this agreement will be an employee or volunteer member of City Fire Department. i. All personnel and equipment of a responding organization shall be covered only by the liability, damage, workmen's compensation and/or other insurance coverage of said responding organization 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. j. Nothing contained herein shall authorize any City employee to contract for materials or services on behalf of 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 expenditures. k. 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. All modifications to this agreement shall be made in writing and shall become effective only upon approval of City Council by Resolution. 1. Each person signing this agreement on behalf of a party represents and warrants that he or she has the requisite power and authority to enter into, execute, and deliver this agreement on behalf of such party and that this agreement is a valid and legally binding obligation of such party enforceable against it in accordance with its terms. IMPLEMENTATION INSTRUCTIONS. a. Effective Date. This agreement becomes effective upon last signature of all parties. b. Review/Modifications. This MAA will be reviewed biannually and may be subject to review at any time upon request by either party. Under normal circumstances, a thirty day written notice will be provided if the agreement is to be unilaterally modified, suspended, or terminated. A legal review will be obtained before any modifications are made to the agreement. c. Termination Date. This MAA will remain in full effect until terminated or otherwise replaced. It may be terminated by mutual consent of all parties. In addition, either party hereto may terminate this agreement at will upon thirty (30) days' advance written notice. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. For Pueblo . . - Corporati n F: SAG Fort iv-II, Colorado :y _ _ ,•el D. Hamilton - :' he City Council Colonel, FA Garrison Commander Attest ___ ,11 �� City Clerk "