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
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