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ORDINANCE NO. 9255
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF PUEBLO, PUEBLO
COUNTY, RYE FIRE PROTECTION DISTRICT, PUEBLO WEST
METROPOLITAN DISTRICT, CITY OF BOONE, WEST PARK
VOLUNTEER FIRE DISTRICT, AND BEULAH FIRE
PROTECTION AND AMBULANCE DISTRICT RELATING TO
MUTUAL AID IN THE PROVISION OF FIRE PROTECTION AND
OTHER EMERGENCY SERVICES
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Intergovernmental Agreement between Pueblo, a municipal corporation, Pueblo
County, Colorado, a political subdivision of the State of Colorado, Rye Fire Protection District,
Pueblo Rural Fire District, Pueblo West Metropolitan District, City of Boone, Colorado, West Park
Volunteer Fire District, and Beulah Fire Protection and Ambulance District relating to mutual aid
in the provision of fire protection and other emergency services, 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 Intergovernmental Agreement to effectuate the
policies and procedures described therein.
SECTION 3.
This Ordinance shall become effective immediately upon final passage.
INTRODUCED March 26, 2018
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
ACTING CITY CLERK
PASSED AND APPROVED: April 9, 2018
City Clerk’s Office Item # R-6
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: March 26, 2018
TO: President Christopher A. Nicoll and Members of City Council
CC: Sam Azad, City Manager
VIA: Brenda Armijo, Acting City Clerk
FROM: Shawn Shelton, Fire Chief – Fire Department
SUBJECT: AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF PUEBLO, PUEBLO COUNTY, RYE FIRE
PROTECTION DISTRICT, PUEBLO WEST METROPOLITAN DISTRICT, CITY
OF BOONE, WEST PARK VOLUNTEER FIRE DISTRICT, AND BEULAH FIRE
PROTECTION AND AMBULANCE DISTRICT RELATING TO MUTUAL AID IN
THE PROVISION OF FIRE PROTECTION AND OTHER EMERGENCY
SERVICES
SUMMARY:
This Ordinance approves mutual aid services between the agencies listed in the
intergovernmental agreement with the City of Pueblo Fire Department.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
When dealing with incidents and potential incidents that are beyond the response capacity of any
organization, it is important to have a plan for increasing capacity. In the fire service, other
neighboring agencies are looked at to provide that increase in capacity. This agreement provides
the means to access additional resources in times of increased demand at no cost for the first 24
hours of the incident. It is important to understand that this agreement does not require any
agency to provide aid, if for any reason, they are unable to do so at any given time.
This mutual aid agreement between the City and the other seven state-recognized fire agencies
in Pueblo County will replace the 1986 reciprocal hazardous materials incident assistance
agreement. The new agreement covers the emergency aid given and received between the
signing agencies. This agreement clearly defines the time periods of assistance and the
mechanism for recovering costs associated with aid that goes beyond agreed upon time periods
of “mutual aid”.
FINANCIAL IMPLICATIONS:
This agreement calls for unreimbursed aid for the first 24 hours of an emergency and outlines the
amount a responding party can charge for their services after that initial 24-hour period. For events
that are ultimately taken over by or funded by state of federal agencies, this agreement facilitates
the City’s ability to recapture expenditures related to those events.
BOARD/COMMISSION RECOMMENDATION:
Not applicable.
STAKEHOLDER PROCESS:
This agreement has been drafted over the past year with numerous meetings and input from all
signing agencies.
ALTERNATIVES:
None.
RECOMMENDATION:
Approval of the Ordinance.
Attachments:
Intergovernmental Mutual Aid Agreement
MUTUAL AID AGREEMENT FOR FIRE PROTECTION AND OTHER EMERGENCY SERVICES
ASSISTANCE BETWEEN PUEBLO COUNTY PUBLIC SAFETY ENTITIES
THIS MUTUAL AID AGREEMENT ("MAA"), entered into as of this TC\ day of",-St 20 \V is
made by and between the following parties:
Pueblo, a municipal corporations,
Pueblo County, Colorado, a political subdivision of the State of Colorado,
Rye Fire Protection District,
Pueblo Rural Fire Protection District,
Pueblo West Metropolitan District,
City of Boone, Colorado,
West Park Volunteer Fire District, and
Beulah Fire Protection and Ambulance District
(Collectively the "Parties" and individually the "Party")
WHEREAS, Section 18(2)(a) and (b) of Article XIV of the Colorado Constitution and
the Colorado Intergovernmental Relations Statute, Section 29-1-201,et seq., C.R.S. authorizes political
subdivisions to cooperate and contract with one another to provide any function, service or facility
lawfully authorized to each of the Parties, including the sharing of costs, if such agreement sets forth
fully the purposes, powers, rights, obligations, and responsibilities, financial or otherwise, of the
contracting parties;
WHEREAS, each Party is political subdivision as defined in section 29-1-202(2), C.R.S.
and is authorized to provide fire protection and other emergency services including but not limited to fire
protection, hazardous material response, extrication, rescue, ambulance, and/or emergency medical
services, within their jurisdictional boundaries and under certain circumstances outside their jurisdictional
boundaries;
WHEREAS, emergencies may arise in one or another of the jurisdictions of the Parties,
resulting in greater demands than a Party's personnel and equipment can handle, or emergencies of such
intensity may occur that they cannot be handled by the equipment of a Party in whose jurisdiction the
emergency occurs; and
WHEREAS, establishment of a mutual aid agreement will serve a public purpose and
will promote the safety, security and general welfare of the public.
NOW THEREFORE, in consideration of the mutual performance of the covenants,
agreements and promises set forth herein,the Parties agree as follows:
1. Definitions. The following terms used in this Agreement are defined as follows:
a. "Responding Party"means a Party providing or requested to provide Mutual Aid
within the jurisdictional boundaries ofthe Requesting Party.
b. "Equipment Costs" means the costs set forth in the current FEMA Schedule of
Equipment Rate or at the current Cooperator Resource Rate of the Colorado Division of Fire
Prevention and Control, whichever rate applies to the event, and if the event does not qualify, it shall
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be the current Cooperator Resource Rate of the Colorado Division of Fire Prevention and Control.
c. "Personnel Costs" means actual hourly salary/wages paid including overtime
plus the cost of the employee's actual fringe benefits. Fringe benefit cost shall be calculated
based upon a percentage of the employee's hourly rate of pay.
d. "Mutual Aid" means the provision of personnel and/or equipment from an Responding
Party to a Requesting Party to aid the Requesting Party with respect to fire protection and other
emergency services.
e. "Requesting Party" means a Party requesting Mutual Aid be provided by a
Responding Party within the jurisdictional boundaries of the Requesting Party.
3. Mutual Aid.
a. Any Party to this MAA may request Mutual Aid from another Party. Any request
for Mutual Aid shall include a statement of the amount and type of personnel and/or equipment
requested, and shall specify the location to which the personnel and/or equipment are to be
dispatched. In making any such request for Mutual Aid,the Requesting Party represents that there
are sufficient funds appropriated to pay all reimbursements which may be incurred under this MAA,
and the Responding Party may rely upon such representation in providing Mutual Aid.
b. Upon receipt of a request for Mutual Aid from the Requesting Party,the Responding
Party may dispatch personnel and/or equipment which the Responding Party determines is available.
Such determination shall be made at the Responding Party's sole and absolute discretion, which
determination shall be final and conclusive. The Responding Party may dispatch less than the
amount and type of personnel and/or equipment requested, but the Responding Party may not
dispatch personnel and/or equipment which exceeds the amount and type of equipment and or
personnel requested without the authorization of the Requesting Party.
c. 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 in its sole and absolute discretion that Responding Party's personnel
and/or equipment are needed elsewhere, which determination shall be final and conclusive.
d. 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. The Responding Party's commanding officer will receive assignments and
tasks from the Requesting Party's Incident Commander.
e. Mutual Aid under this MAA shall only be provided within the boundaries of the
Requesting Party and shall not be provided to cover areas outside the boundaries of a Requesting
Party even if the Requesting Party has an agreement to provide service to another party who is not
signatory to this MAA.
f. The Responding Party agrees that the first twenty-four(24)hours of Mutual Aid shall
be provided without reimbursement of Personnel Costs and Equipment Costs by the Requesting
Party to the Responding Party. For all periods of time following the first twenty-four (24) hours,
the Responding Party shall be reimbursed its Personnel Costs and Equipment Costs by the
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Requesting Party. The twenty-four (24) hour period referenced in this Section shall begin at the
time the request is made by the Requesting Party. In addition and with respect to said twenty-four
(24) hour period, the Requesting Party shall reasonably pursue any and all legal reimbursement
possible pursuant to state and federal laws, including but not limited to reimbursement for hazardous
materials incidents, and upon full or partial payment, the Requesting Party shall distribute the
reimbursement in a fair and equitable manner which is proportionate to the documented expenses
of all parties who provided services with respect to the incident upon which the reimbursement is
paid. The Parties acknowledge and agree that any distribution for hazardous materials incidents
which may be required under this Section or otherwise under this MAA shall not impair or supersede
any separate agreement a Party may have presently or hereafter to transfer and deposit any such
distribution to the Pueblo County Hazmat Fund.
g. The Requesting Party shall be responsible for providing for or reimbursing the
use of firefighting foam, special extinguishing agents, medical equipment and similar
consumables when use is requested 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. The Responding Party will provide the Requesting Party with a bill, invoice, or
demand for reimbursement 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 Mutual Aid.
4. Each Party shall be expected to maintain its equipment and organize its emergency response
method with both personnel and equipment to the degree necessary to meet the ordinary and routine
fire protection and other emergency services occurring within its boundaries and for which the Party is
organized. The Parties recognize that the dispatch of equipment and/or personnel under this MAA is
voluntary and is not required, and specifically acknowledge that a Requesting Party shall not expect
any other Party to provide Mutual Aid where the request arises due to a failure of the Requesting Party
to organize available personnel or maintain equipment in reasonably working order and in sufficient
quantity to meet the ordinary and routine fire protection and other emergency services occurring within
its boundaries and for which the Party is organized. Nothing in this Agreement prevents two or more
of the Parties from entering into contracts, automatic aid agreements or other methods to meet their
responsibilities as agreed between those Parties.
5. Except with respect to the reimbursements agreed to in the above Section 3, each Party
waives all claims against the other Party for compensation for any loss, property damage, bodily
injury, or death occurring as a direct or indirect consequence of the performance of this MAA.
The Parties specifically recognize and agree that no liability of any kind or nature shall be attributed
to or be assumed by a Party,its duly authorized agents and personnel, for failure or refusal to provide
Mutual Aid or for withdrawal of Mutual Aid once provided pursuant to the terms of this MAA.
6. Nothing in this MAA shall be construed to alter or modify the status of employment
of the personnel with their Party. Employees of a Party shall at all times remain the employees
of that Party, and the each Party shall be responsible for worker's compensation coverage of its
own employees and all other benefits and requirements of employment including pension,
disability, level or types of training, and internal discipline.
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7. Each Party is a "public entity" within the meaning of the Colorado Governmental
Immunity Act, §24-10-101, et seq., C.R.S. (the "GIA") and shall maintain at all times during the
term of this Agreement such liability insurance, by commercial policy or self-insurance, as is
necessary to meet its liabilities under the GIA including any liability which may accrue by
operation of Section 29-5-108, C.R.S. 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 GIA.
8. This MAA is not intended to, nor should it be construed to, create, affect or extend
the legal responsibilities or liabilities of the Parties hereto except as expressly stated herein, nor
to create any rights, claims, or benefits or assume any liability for or on behalf of any third party.
9. By signing this MAA,the governing body of each Party is hereby deemed to have approved
the provision of Mutual Aid beyond its boundaries, and any Mutual Aid provided pursuant to this
MAA shall not require any further approval by the governing body of any Party.
10. All communications made to the parties under this MAA shall be provided at the following
address:
Fire Chief
City of Pueblo Fire Department
1551 Bonforte Blvd.
Pueblo, CO 81001
Bureau Chief
Emergency Services Bureau
Pueblo County Sheriff's Office
Pueblo County
101 W. 10th Street
Pueblo, CO 81003
Fire Chief
Rye Fire Protection District
4495 Bent Brothers Blvd./P.O. Box 19190
Colorado City, CO 81019
Fire Chief
Pueblo Rural Fire Protection District
29912 Highway 50 East
Pueblo, CO 81006
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Fire Chief
Pueblo West Fire Department
Pueblo West Metropolitan District
P.O. Box 7005
Pueblo West, CO 81007
Fire Chief
Boone Volunteer Fire Department
City of Boone, Colorado
421 First Street/P.O. Box 13
Boone, CO 81025
Fire Chief
West Park Volunteer Fire District
3926 Goodnight Ave.
Pueblo, CO 81005
Fire Chief
Beulah Fire Protection and Ambulance District
PO BOX 826
Beulah, CO 81023
11. Nothing in this MAA shall be construed as creating a partnership,joint venture or the creation of a
separate legal entity or be deemed to delegate or be construed as the delegation or assignment of power or
authority of any Party to another Party.
12. A Party may terminate their participation in this MAA by giving ninety(90)days prior written
notice to all other Parties. One Party's termination shall not cause the termination of this MAA between
the other Parties, and the MAA shall continue in effect as to such other Parties. It is understood and
acknowledged that the remaining Parties to the MAA will not assign any of their members or equipment to
perform temporary firefighting or other duties on behalf of any Party terminating this MAA after the
effective date of such termination.
13. All prior reciprocal fire protection or mutual aid agreements to provide fire protection and
other emergency services between all or one or more of the Parties are hereby terminated and superseded
by this MAA.
14. Miscellaneous.
a. This MAA represents the entire agreement between the Parties and supersedes all prior
discussions and written agreements or understandings. This MAA may be amended only by an instrument
in writing signed by the Parties. If any provision of this MAA is held invalid or unenforceable, no other
provision shall be affected by such holding, and all of the remaining provisions of this MAA shall continue
in full force and effect. This MAA may be executed in multiple counterparts,each of which shall be deemed
an original, and all of which together constitute one and the same agreement.
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b. Each person signing this MAA 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 MAA on behalf of such
Party and that this MAA is a valid and legally binding obligation of such Party enforceable against it in
accordance with its terms.
c. Nothing herein shall constitute,nor deemed to constitute,the creation of a debt or multi-
year fiscal obligation or an obligation of future appropriations by any Party, contrary to Article X, § 20
Colorado Constitution or any other constitutional, statutory or charter debt limitation.
d. The provisions of this MAA pertaining to insurance and reimbursement shall survive
the expiration of the term of this MAA and termination of this MAA and continue in effect for a period of
five years following the termination of this MAA and for such further time as it may take to completely and
finally negotiate, settle, or litigate any claim or suit concerning the same.
e. This MAA shall be governed by the laws of the State of Colorado. Venue for any action
arising under this MAA or for the enforcement of this MAA shall be in a state court with jurisdiction located
in Pueblo County, Colorado.
f. This MAA shall not be assigned by any Party without the prior written consent of the
Parties,which consent may be granted, denied,or conditioned in the in each of the Party's sole and absolute
discretion.
Executed at Pueblo, Colorado, the day and year first above written.
[ SEAL ] Pueblo, a Munic' : •orporation
ATTEST: / tLfl (L( t, By
cf i1 IC) City Clerk OP
resident oft e City Council
[ SEAL ] Pueblo County, Pueblo County, Colorado, a political
subdivision f the State of C•lorado
ATTEST. By
Pueblo County of erk and Recorder airm f the o. `itof County Commissioners
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