Loading...
HomeMy WebLinkAbout09121 ORDINANCE NO. 9121 AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN COLORADO STATE UNIVERSITY-PUEBLO AND THE CITY OF PUEBLO RELATING TO USE OF THE PUEBLO FIRE TRAINING FACILITIES BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. The Intergovernmental Agreement for Use of the Pueblo Fire Training Facilities between Colorado State University-Pueblo and the City of Pueblo, having been approved as to form by the City Attorney, is hereby approved. The President of the City Council is authorized and directed to execute the 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 and the attached Agreement to effectuate the policies and procedures described therein. SECTION 3. This Ordinance shall become effective immediately upon final passage. INTRODUCED April 24, 2017 BY: Robert Schilling PASSED AND APPROVED: May 8, 2017 City Clerk’s Office Item # R-3 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: April 24, 2017 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Shawn Shelton, Fire Chief – Fire Department SUBJECT: AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN COLORADO STATE UNIVERSITY-PUEBLO AND THE CITY OF PUEBLO RELATING TO USE OF THE PUEBLO FIRE TRAINING FACILITIES SUMMARY: Attached is an intergovernmental agreement between the City of Pueblo and the Colorado State University – Pueblo relating to the use of fire department training facilities. PREVIOUS COUNCIL ACTION: None. BACKGROUND: This intergovernmental agreement between the Colorado State University - Pueblo and the City of Pueblo allows the Colorado State University – Pueblo to use the fire department training facilities on Murray Rd for conducting training in rescue topics. FINANCIAL IMPLICATIONS: None for the planned training in rescue topics. The agreement does cover the reimbursement to the City if the University does use the burn room for fire related training. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: None. RECOMMENDATION: Approval of the Ordinance. Attachments: Intergovernmental Agreement INTERGOVERNMENTAL AGREEMENT FOR USE OF PUEBLO FIRE TRAINING FACILITIES THIS AGREEMENT ("Agreement" or"IGA") is made and entered into as of the 8th day of May , 2017 (the"Effective Date"), by and between the Board of Governors of the Colorado State University System acting by and through Colorado State University - Pueblo, a body corporate and political subdivision of the state of Colorado, (hereinafter referred to as "Permittee"), and Pueblo, a Municipal Corporation, 1 City Hall Place, Pueblo, Colorado (hereinafter referred to as "City"). WHEREAS, pursuant to its authority under law, Permittee provides fire protection services within its jurisdictional area, and in connection therewith, provides training and education in fire science and fire suppression to its employees and trainees (collectively "Trainees"); and WHEREAS, City owns and operates a Training Tower, Burn Room and Training Tower Classroom (collectively, "City Facilities") for the use and training of members of the City's Fire Department, which City Facilities are not always in use and may be available for training by other governmental units engaged in fire suppression functions; and WHEREAS, Permittee desires to use the City Facilities in connection with its fire science and fire prevention and protection training provided by Permittee to its Trainees; and WHEREAS, City is willing, subject to the conditions set forth in this Agreement, to allow use by Permittee of the City Facilities, when not necessary for use by City, in order to cooperate with Permittee in Permittee's efforts to provide meaningful fire science and fire prevention and protection training to its Trainees; and WHEREAS, the parties are empowered by §29-1-203, C.R.S. to enter into this IGA for the purpose of setting forth the manner in which the parties intend to cooperate; and WHEREAS, the legislative body of Permittee has specifically authorized Permittee to enter into this IGA and has authorized the undersigned representative of Permittee to execute this Agreement on its behalf and thereby contractually obligate and bind Permittee to the terms of this Agreement; NOW, THEREFORE, in consideration of the foregoing recitals and the terms and conditions set forth herein, the parties agree as follows: 1. Subject to the terms, conditions and requirements of this Agreement, City agrees to permit Permittee and its Trainees to use and occupy the following City Facilities when such facilities are not otherwise scheduled for or in use for City's needs and functions: (a) the Training Tower located at Murray Road, Pueblo, Colorado; (b) the classroom located on the Training Tower grounds; and (c) the Burn Room facility located adjacent to the Training Tower, which may be collectively referred to herein as the "City Facilities." 2. Subject to the terms, conditions and requirements of this Agreement, City also agrees to permit Permittee and its Trainees to use and train with the following City equipment: rescue saws, fire axes, fire hoses and various hand and power tools located at the City Facilities, which is referred to herein as "City Equipment". 3. Permittee shall, at all times, have an experienced and qualified training instructor physically present and directly supervising Trainees when Trainees are upon City Facilities and when City Equipment is being used or demonstrated. It shall be the responsibility of Permittee, and not of City, to assure that Trainees are provided with all appropriate safety instruction and training on the operation and use of City Equipment prior to any handling or use of same. Additionally, prior to the first entry upon City Facilities, Permittee shall require all of its Trainees and Instructors who enter upon City Facilities or use City Equipment to sign a Release of Liability Agreement on the form attached hereto as Exhibit "A". 4. Under no circumstances will Permittee's Instructors or Trainees be permitted to drive City fire or rescue vehicles nor respond to actual emergency response events to which City personnel may be dispatched. 5. At all times during the term of this Agreement, Permittee shall be deemed as an independent contractor and its Instructors and Trainees shall be its employees and shall not be employees of the City. Permittee shall be responsible in accordance with law for all withholding taxes, social security, pension, unemployment, workers' compensation, and other employment taxes with respect to its Instructors and Trainees, and, to the maximum extent permitted by law, it shall indemnify, defend and hold City harmless from and against any and all claims for the same. Permittee and any insurance carrier providing Workers' Compensation coverage for the Permittee's Instructors and Trainees shall be deemed to have waived all rights of subrogation against City for injury or loss arising from such Instructor's and Trainee's entry and presence upon the City Facilities and use of the City Facilities or City Equipment. 6. The term of this Agreement shall commence on the Effective Date and shall expire at exactly 11:59 p.m. on the one year anniversary of the Effective Date; provided, however, that City may terminate this Agreement at any time upon thirty (30) days advance written notice to Permittee. The provisions of sections 5,7(g), 8 and 10 shall survive the expiration or termination of this Agreement. -2- 7. Special Requirements for Burn Room Use. The Burn Room provides unique opportunities for education and training, but also presents greater risks of injury or death than most emergency responder education or training events. Additionally, use of the City's Burn Room involves costs to the City for equipment, manpower, fuel supplies and for consumable/expendable components. Consequently, use of the Burn Room by Permittee shall be subject to following additional requirements, which must be strictly complied with by Permittee: (a) Trainees, Instructors and others using the Burn Room under Permittee's authorization shall be either certified as a Fire Fighter I (per the Division of Fire Safety, Colorado Department of Public Safety, "Certification Policy and Procedure Manual," Section 9.3, Rev. 12/1/06), or must have completed all the training for a Fire Fighter I certification. (b) Permittee shall provide a pumper truck, or arrange in advance for a City Fire Department pumper truck, to be present and standing by during all burn events at the Bum Room. If the pumper truck is provided by City, Permittee shall pay to City rental fees for the Pumper Truck in the amount of$225 per hour or portion thereof, with a minimum charge of three (3) hours. Time of use shall commence at the time the Pumper Truck departs its base station en route to the Burn Room, and run until it returns to its station and is ready for service again. (c) During all use of the Burn Room, Permittee shall, at Permittee's expense, have a qualified Safety Officer present to provided oversight of training, instructors and Trainees. The Permittee Safety Officer shall ensure than all persons operating within the fire ground perimeter shall operate under his oral direction and control. The Safety Officer and all Instructors shall be equipped with operable personal radios set to an assigned radio channel. (d) Prior to and during any burn event, Permittee shall, at Permittee's expense, provide for a certified Rapid Intervention Team ("RIT") to be present, staffed by experienced fire fighting personnel. The RIT shall consist of a minimum of two fire fighters. (e) Permittee shall follow the standard Incident Command System procedures while present on the training grounds. By executing this Agreement, Permittee certifies it is familiar with these procedures and able to comply therewith. (f) At the conclusion of each day's burn events, Permittee shall ensure that: (i) all fires are completely extinguished, including burn barrels; (ii) all areas are swept clear and all hay and pallets removed and/or properly stored; -3 (ii) floors shall be squeegeed and no standing water left in the building; (iv) exterior concrete around the burn building shall be washed off after cooling; (v) all trash shall be picked up and properly disposed of; (vi) all doors and windows to the burn building shall be closed and locked; (vii) all lights and power to the facility shall be turned off; (viii) Permittee shall promptly report to City all damage to equipment, fixtures and building; (ix) water shall be turned off; (x) all equipment shall be cleaned and stored in its designated location; and (xi) all bathrooms shall be cleaned. (g) Permittee shall pay to City, in connection with use of the Burn Room: (i) a usage fee of$250 per day or portion of a day; and (ii) if furnished by City, $225 per hour for each City-owned Pumper Truck used or on standby at the facility; and (iii) $50 per hour for each City-employed Engineer present at the facility; and (iv) the actual cost for all consumables used or damaged plus 15% handling; and (v) the replacement or repair cost for all City equipment and fixtures damaged during the Bum Room use, whether foreseeable or not. (vi) In the event any requirements set forth in subsection 7(f)(i) through (xi) are not performed, the cost to the City of performing such action(s) plus 15%. (h) All amounts payable for use of the City Facilities, City Equipment and associated costs shall be due and payable twenty (20)days after invoice. -4 8. This Agreement is not intended to, nor shall it create, any duty to any Trainee, Instructor, other Permittee employee, or any other person, firm or entity with regard to the provision of facilities or equipment by City, nor security, level of safety, or activities undertaken by City's employees or conditions resulting therefrom. No Trainee, Instructor, Permittee employee, or other person, firm or entity shall be granted or have any private right of action, claim or civil liability remedy against the City or Permittee, or their respective officers, employees or agents, by virtue of this Agreement. Nothing in this Agreement shall be construed to create any liability, or to waive any of the immunities, limitations on liability or other provisions of the Governmental Immunity Act, §24-10-101 et seq., C.R.S., or to waive any immunities or limitations on liability otherwise available to the City, Permittee, or their officers, employees or agents. 9. This Agreement constitutes the entire agreement between the parties, and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No modification of this Agreement, and no waiver of any of the Agreement's provisions or conditions, shall be binding unless made by written document signed by the parties. Any delegation or assignment of this Agreement by either party, without the prior written consent of the other party, shall be void. This Agreement shall be governed by, and construed according to, the laws of the State of Colorado. 10. Permittee acknowledges that the use of the City Facilities and City Equipment present inherent dangers and that use of saws, axes, fire hoses and other tools presents inherent risks. The use by Permittee and its Trainees and Instructors of the City Facilities and City Equipment is "AS IS" and in its existing condition, whatever that may be. NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, IS MADE BY THE CITY CONCERNING THE SAFETY, USABILITY, OR FITNESS FOR ANY PURPOSE, OF THE CITY FACILITIES AND CITY EQUIPMENT FURNISHED HEREUNDER,AND CITY EXPRESSLY DISCLAIMS ANY AND ALL SUCH WARRANTIES. Permittee shall obtain a signed release of liability agreement from each Permittee Trainee and Instructor on the form required by section 3 of this Agreement. 11. In the event this Agreement or any material provision hereof shall be declared to be invalid, unenforceable, or in violation of any applicable federal, state or local laws or regulations, the parties will immediately begin negotiations to modify or amend this Agreement in order that this Agreement shall, as amended, express and contain the understanding and intentions of the parties. 12. Except as set forth elsewhere in this section, all notices to be given under this Agreement shall be made in writing, and shall be sufficient if delivered personally, or mailed by First Class United States Mail, postage prepaid, to the other party at the following addresses: If to Permittee: Colorado State University—Pueblo Attn: Scott Robertshaw 2200 Bonforte Blvd. Pueblo, CO 81001 -5 If to the City: Pueblo Fire Department Attn: Fire Chief 1551 Bonforte Boulevard Pueblo, CO 81001 IN WITNESS WHEREOF, the parties have entered into this Agreement as of the day and year first written above. PERMITTEE: PUEBLO . CO '.' ON the Board of Governors of the :- 46__ Colorad tate University System Pr * ':`�'-= ity Council acti g b and thro h Cobra o Sta e U jversity - u blo, By AAA Name: Dr. Marie Hump y Attest: Title: Dean of Students City erk APPROVED AS TO FORM: >et/V . 0I/ City Attorney -6- Exhibit "A" Instructor and Trainee Release of Liability Agreement I. RELEASE OF LIABILITY AGREEMENT: PARTICIPANT MUST READ CAREFULLY BEFORE SIGNING In consideration for being permitted to use and occupy certain City Facilities and to use and train with certain City Equipment in connection with instruction provided by[insert name of IGA party] , I hereby acknowledge, represent, and agree as follows: A. I understand that use of said Facilities and Equipment and related activities are inherently dangerous and do or may involve risks of death, injury, loss, or damage. I further acknowledge that such risks may include, but not be limited to, bodily injury,personal injury, sickness, disease, death, and property loss or damage. I acknowledge that such risks may arise from a variety of foreseeable and unforeseeable circum-stances connected with the use of the Facilities and Equipment and related activities, including but not limited to the following risks: burns, smoke inhalation, heart attack, back injury, skeletal injuries,hernia, muscular injuries,eye injuries, loss of fingers or limbs, and injuries related to heavy lifting, pulling, pushing and climbing. (Participant initials here) B. I hereby expressly assume all such risks of injury, loss, or damage to me arising out of or in any way related to the above-described use of said facilities and equipment and related activities, whether or not caused by the act, omission, negligence, or other fault of the City of Pueblo, its officers, its employees, or by any other cause. (Participant initials here) C. I understand and acknowledge that the City of Pueblo, its officers, and its employees are relying on, and do not waive or intend to waive by any provision of this RELEASE OF LIABILITY AGREEMENT,the monetary limitations (presently$150,000 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. §24-10-101, et. seq., as amended, or otherwise available to the City of Pueblo, its officers, or its employees. I hereby agree that this Release of Liability Agreement extends to all acts of negligence by City, its officers and employees, including negligent rescue operations, and is intended to be as broad and inclusive as permitted by the laws of Colorado. (Participant initials here) D. I understand and agree that this RELEASE OF LIABILITY AGREEMENT shall be governed by the laws of the State of Colorado, and that jurisdiction and exclusive venue for any suit or cause of action under this Release of Liability Agreement shall lie in the district court of Pueblo County, Colorado and I consent to and submit to the jurisdiction of that Court. (Participant initials here) E. This RELEASE OF LIABILITY AGREEMENT shall be effective as of the date set forth below(or the date signed if the date has not been completed) and shall be binding upon me, my successors, representatives, heirs, executors, assigns, and transferees. (Participant initials here) II. PARTICIPANT SIGNATURE AND DATE: Trainee/Instructor-Print Name: Date: Trainee/Instructor Signature: Witness: