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HomeMy WebLinkAbout09086 ORDINANCE NO. 9086 AN ORDINANCE APPROVING A MUTUAL AID AGREEMENT BETWEEN THE CITY OF COLORADO SPRINGS, THROUGH ITS OFFICE OF EMERGENCY MANAGEMENT, AND THE CITY OF PUEBLO FOR ASSISTANCE BETWEEN GOVERNMENT ENTITIES DURING A SIGNIFICANT EVENT, AN EMERGENCY, OR A DISASTER, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, the City Council of Pueblo has the authority on behalf of the City of Pueblo, including its Police Department, to approve and enter into Agreements; and WHEREAS, approval of the Agreement for the purposes for which it has been made is in the best interest of the City; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement dated December 1, 2016 between the City of Colorado Springs, through its office of Emergency Management, and the City of Pueblo pertaining to assistance between government entities during a significant event, an emergency, or a disaster, a 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 authorized to execute the Agreement in the name of the City, and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. The officers and staff 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 upon final passage and approval. INTRODUCED: January 9, 2017 BY: Ed Brown PASSED AND APPROVED: January 23, 2017 City Clerk’s Office Item # R-2 Background Paper for Proposed ORDINANCE COUNCIL MEETING DATE: January 9, 2017 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Chief Luis Velez – Police Department SUBJECT: AN ORDINANCE APPROVING A MUTUAL AID AGREEMENT BETWEEN THE CITY OF COLORADO SPRINGS, THROUGH ITS OFFICE OF EMERGENCY MANAGEMENT, AND THE CITY OF PUEBLO FOR ASSISTANCE BETWEEN GOVERNMENT ENTITIES DURING A SIGNIFICANT EVENT, AN EMERGENCY, OR A DISASTER, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME SUMMARY: The attached Agreement details the obligations and responsibilities of each entity (City of Pueblo and City of Colorado Springs) in regards to assistance between the two governmental entities during a significant event, an emergency, or a disaster. The purpose of the Agreement is to establish the terms and conditions by which either agency may request aid and assistance from the other in response to a significant event, an emergency, or a disaster that exceeds the resources available to the requesting agency. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The mutual aid agreement concept, which utilizes an interagency approach involving the PPD and the City of Colorado Springs, is necessary for the public safety of the citizens of Pueblo, and to provide for an appropriate and timely response to significant events, emergencies, or disasters that exceed the resources of the PPD. FINANCIAL IMPLICATIONS: Administration of this MAA will require staff time within the Police Department to work cooperatively with the divisions and professionals at the City of Colorado Springs. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: There is no stakeholder process required for this MAA. ALTERNATIVES: Decline the opportunity to work together, hindering service to our citizens and their children. RECOMMENDATION: Approval of the Ordinance. Attachments: Mutual Aid Agreement MUTUAL AID AGREEMENT FOR ASSISTANCE BETWEEN GOVERNMENT ENTITIES DURING A SIGNFICANT EVENT, AN EMERGENCY, OR A DISASTER This Mutual Aid Agreement ("MAA"), dated for reference this 1 s day of December, 2016, is made by and between the City of Colorado Springs, CO through the City of Colorado Springs Office of Emergency Management and the City of Pueblo, CO. Paragraph 1. Authority: This Mutual Aid Agreement is made under authority of Section 29-1-203, C.R.S. and Article XX of the Colorado Constitution. Paragraph 2. Purpose: The purpose of this MAA is to establish the terms and conditions by which either Party may request aid and assistance from the other Party in responding to a significant event, an emergency or a disaster that exceeds the resources available to the Requesting Party. Paragraph 3. Mutual Aid Agreement a. The Requesting Party requests that the Responding Party provide assistance during a significant event, an emergency or a disaster that exceeds the resources available to the Requesting Party. This MAA will not apply if the Responding Party "self-deploys" and is not officially requested by the Requesting Party. b. Either Party to this MAA may request from the other Party that mutual aid assistance is provided within the Requesting Party's jurisdiction. Upon receipt of a request for assistance from the Requesting Party, the Responding Party may dispatch personnel and/or equipment which the Responding Party deems, in the Responding Party's sole determination and discretion, available for mutual aid assistance. Dispatch of equipment and or personnel is voluntary and is not required. c. Any request for the aid under this MAA shall include a statement of the amount and type of equipment and or personnel requested, and shall specify the location to which the equipment and or personnel are to be dispatched, but the amount and type of equipment and or personnel to be furnished shall be determined by a representative of the Responding Party, not to exceed the amount of resources requested by the Requesting Party. d. The Responding Party's personnel and/or equipment shall be released by the Requesting Party when the assistance of the Responding Party is no longer required or when the Responding Party determines that the Responding Party's equipment and/or personnel are needed by the Responding Party. e. The Responding Party's personnel and/or equipment shall be and remain under the control of the Responding Party's commanding officer but will fall into the Requesting Party's command structure and will receive assignments and tasks from the Requesting Party's Incident Commander. f. Mutual Aid under this Agreement shall be provided within the territorial jurisdiction of the Parties and shall not be provided to cover areas outside the territorial jurisdiction of the Parties under service or other contracts, or intergovernmental agreements or other agreements to which the City of Colorado Springs or the City of Pueblo is not a Party. g. Agreement for reimbursement of costs: The Responding Party agrees that the first 24 hours of personnel (regular and overtime) and all equipment assistance during the event is provided by mutual agreement at no cost to the Requesting Party. Following this, the Responding Party's personnel (regular and overtime) and all equipment assistance costs are to be reimbursed. The 24 hour period of non-reimbursement begins at the time of request by the Requesting Party. h. The Responding Party shall be self sufficient for the first 24 hours after being requested, to include all meals and lodging. After the first 24 hours, the Requesting Party will be responsible for all meals and any lodging at the Requesting Party's preference. i. Equipment will be reimbursed based on a current FEMA Schedule of Equipment Rate or at a Cooperator Resource Rate (CRRF), whichever rate applies to the event. Personnel costs will be reimbursed based on the Responding Party's actual costs. j. If the Responding Party incurred costs for personnel and equipment based on assistance provided to the Requesting Party during the event, the Responding Party will provide the Requesting Party with a bill, invoice, or demand for actual costs along with a detailed accounting of costs incurred by the Responding Party which are subject to reimbursement pursuant to this MAA no later than sixty (60) days after the conclusion of services. Paragraph 4. All communications made to the Colorado Springs Office of Emergency Management under this MAA shall be provided at the following address: Director of Emergency Management Colorado Springs Office of Emergency Management 375 Printers Parkway Colorado Springs, Colorado 80910 Paragraph 5. All communications made to the City of Pueblo under this MAA shall be provided at the following address: Chief of Police 200 S. Main St. Pueblo, CO 81003 Paragraph 6. The Parties agree that this MAA may only be amended or altered by written amendment to the MAA signed by the Parties. Paragraph 7. No Party shall assign or otherwise transfer this MAA or any right or obligation hereunder without prior written consent of the other Party. Paragraph 8. Except as otherwise stated in this MAA, no Party shall be required to pay additional compensation to the other Party or the other Party's personnel for any services rendered hereunder. Other than the command structure contemplated in Paragraph 3 section e, nothing in this MAA shall be construed to place the personnel of either Party under the control of the other Party. Each Party's personnel are and shall remain as employees of their respective Parties. Each Party remains responsible for all pay, entitlement, employment decisions, and workers' compensation liabilities, for its own personnel. Paragraph 9. Each Party agrees to be responsible for its own liability incurred as a result of its participation in this MAA. In the event any claim is litigated, each Party will be responsible for its own expenses of litigation or other costs associated with enforcing this MAA. No provision of this MAA shall be deemed or construed to be a relinquishment or waiver of any kind of the applicable limitations of . liability provided to each Party by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et. seq. and Article XI of the Colorado Constitution. Paragraph 10. This MAA is subject to and shall be interpreted under the law of the State of Colorado, and the Charter, City Code, Ordinances, Rules and Regulations of the City of Pueblo, Colorado, a Colorado home rule city. Court venue and jurisdiction shall exclusively be in the Colorado District Court for Pueblo County, Colorado. Paragraph 11. Appropriation and Availability of Funds: In accord with the Colorado Constitution, Article X, Section 20, and the respective Party's Charters, rules and regulations, the performance of Requesting Entity's obligations under this MAA is expressly subject to the lawful appropriation of funds by the governing bodies of the parties. Further, in the event that funds are not appropriated in whole or in part sufficient for the performance of the City of Colorado Springs' or Pueblo's obligations under this MAA, or appropriated funds may not be expended due to Constitutional or applicable local spending limitations, then either party may terminate this MAA without compensation to the non-terminating Party. Paragraph 12. Entire Agreement: This MAA, together with any exhibits attached, constitutes the entire Agreement between the Parties, and all other representations or statements made, verbal or written, are merged herein, and this MAA may be amended only in writing, and executed by duly authorized representatives of the Parties. Paragraph 13. No Third-Party Beneficiary: It is expressly understood and agreed that enforcement of the terms and conditions of this MAA, and all rights of action relating to such enforcement, shall be strictly reserved to the Parties, and nothing contained in this MAA shall give or allow any such claim or right of action by any other or third person or entity on such MAA. It is the express intention of the Parties hereto that any person or entity, other than the Parties to this MAA, receiving services or benefits under this MAA shall be deemed to be incidental beneficiaries only. Paragraph 14. The Parties to this MAA are not partners or joint venturers as a result of this MAA. Paragraph 15. The Parties to this MAA represent or warrant to each other that they have all the necessary authority to enter into this MAA and to perform their obligations hereunder and that this MAA does not conflict with any other intergovernmental agreement or contract that any Party is subject to or to which it may be bound. Paragraph 16. The Parties will make every effort to work cooperatively and in good faith to provide appropriate services as outlined in this MAA. Should disputes arise as to the performance of any obligations or services pursuant to this MAA; the Parties agree to attempt informal resolution of the dispute pursuant to the following procedure: a) Within thirty (30) days of the conclusion of any service provided pursuant to this MAA, any party dissatisfied with the other party's performance of its obligations under this MAA (the "Aggrieved Party") shall notify the other party in writing of the nature of the Aggrieved Party's dissatisfaction, outlining in detail the specific concerns of the Aggrieved Party and suggestions for resolution. b) Any party receiving notice of dissatisfaction pursuant to the preceding paragraph shall contact the Aggrieved Party and arrange an in-person meeting to attempt to resolve the Aggrieved Party's dissatisfaction. Such meeting must be scheduled within thirty (30) days of receipt of the Aggrieved Party's notice of dissatisfaction. c) The Parties agree to work in good faith to resolve all perceived disputes in order best protect the jurisdictions served by the Parties and to ensure this Agreement is not terminated unless continuation of this Agreement is no longer practicable. Paragraph 17. This MAA may be terminated by either Party after the dispute resolution process in Paragraph 16 has been completed upon thirty (30) days written notice to the other Party. This MAA may be terminated at any time by either Party upon ninety (90) days prior written notice that the Party's governing body has determined this MAA is no longer practicable or desirable. Paragraph 18. Headings: The headings of the several articles and sections of this MAA are inserted only as a matter of convenience and for reference and do not define or limit the scope or intent of any provisions of this MAA and shall not be construed to affect in any manner the terms and provisions or the interpretation or construction of the MAA. Paragraph 19. The signers of this document have the authority to bind the respective organizations to this MAA. Director of Emergency Management Colorado Springs Office of Emergency Management 375 Printers Parkway Colorado Springs, Colorado 80910 Or: City of Pueblo, a Municipal Corporation One City Hall Place Pueblo, CO 81003 /2-/1060 Bret Waters, Director of Emergency Management Date Colorado Springs OEM CITY OF PUEBLO, ATTEST: A MUNICIPAL CORPORATION City erk B • efr Ct‘dc: c.-Ck101, Step en .awrocki President of City Council /a3 / 1-7 Date