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.
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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;
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(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.
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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
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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
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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: