HomeMy WebLinkAbout09508 ORDINANCE NO. 9508 AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PUEBLO AND THE STATE OF COLORADO RELATING TO THE PROVISION BY CITY OF FIRE INSPECTION AND FIRE PROTECTION SERVICES WITH RESPECT TO THE COLORADO STATE FAIRGROUNDS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Memorandum of Understanding (“MOU”) between the City of Pueblo, a municipal corporation, and the State of Colorado for the use and benefit of the Department of Agriculture, a copy of which is attached hereto and having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Mayor is hereby authorized and directed to execute the MOU 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 3. The officers and staff of the City are authorized and directed to perform any and all acts consistent with the intent of this Ordinance and the attached MOU to effectuate the policies and procedures described therein. SECTION 4. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on July 22, 2019 . Final adoption of Ordinance by City Council on August 12, 2019. President of City Council Action by the Mayor: ☒ Approved on August 16, 2019 . □ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: □ Council did not act to override the Mayor's veto. □ Ordinance re-adopted on a vote of , on □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-3 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: July 22, 2019 TO: President Dennis E. Flores and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Brenda Armijo, City Clerk FROM: Rick Potter, Acting Fire Chief Robert P. Jagger, Sr. Assistant City Attorney SUBJECT: AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PUEBLO AND THE STATE OF COLORADO RELATING TO THE PROVISION BY CITY OF FIRE INSPECTION AND FIRE PROTECTION SERVICES WITH RESPECT TO THE COLORADO STATE FAIRGROUNDS SUMMARY: The attached Ordinance approves a Memorandum of Understanding (“MOU”) between the City and the State of Colorado with respect to the provision by City of fire inspection and fire protection services for buildings and structures located at the Colorado State Fairgrounds. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The City currently provides fire inspection services for State owned buildings pursuant to §24- 33.5-1206, C.R.S. As said provision will be repealed effective September 1, 2019, the State is requiring its agencies to enter into intergovernmental agreements with local fire departments to provide such services. The charges for such services under the MOU are the City’s applicable hourly or unit price currently charged for commercial building and development inspections. The MOU also addresses issues with respect to the City Fire Department responding to any fire at the Colorado State Fairgrounds. Although the City would as a practical matter generally assist if there was a call for service, it is appropriate that issues relating to command and control, hazardous substance incidents, scope and limitation of such services and liability issues are clearly expressed by agreement, and as such, these issues are addressed in the MOU. FINANCIAL IMPLICATIONS: Limited. The City will receive fees for inspection services, but the City previously received similar fees in the past. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: Not approve the Ordinance in which case there will be no agreement with respect to fees for inspection services and no written agreement addressing issues relating to the provision of fire protection services RECOMMENDATION: Approve the Ordinance and the MOU. Attachments: MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into this 25th day of June , 2019, by and between the State of Colorado ("State") for the use and benefit of the Colorado Department of Agriculture State Fair (the "Department") and the City of Pueblo, a Municipal Corporation ("City"). WHEREAS, pursuant to law, including but not limited to Sections 24-30-1301, et. seq., C.R.S., State has authority over the facilities and buildings of the Department with respect to construction of improvements and determination of applicable building and fire codes for said facilities and buildings; WHEREAS, pursuant to law, including but not limited to Sections 24-33.5-1201, et. seq., C.R.S., the State has ultimate responsibility for fire prevention, fire protection, fire investigation and emergency medical services with respect to said facilities and buildings; WHEREAS, at substantial cost to its taxpayers, City has established a paid Fire Department to provide certain fire prevention, fire protection, fire investigation and emergency medical services for its residents; WHEREAS, although the City has no duty under law to provide fire prevention, fire protection, fire investigation and emergency medical services with respect to the facilities and buildings of the Department, it is willing to coordinate with the Department with respect to such activities, in accordance with the terms and limitations set forth in this MOU; and WHEREAS, the parties are empowered by Section 29-1-203, C.R.S., to enter into this MOU for the purpose of setting forth the manner in which the parties intend to cooperate. NOW, THEREFORE, in consideration of the foregoing recitals and the provisions, terms and conditions set forth hereinbelow, the parties enter into this MOU concerning the coordination of fire inspection, fire protection and emergency medical services with respect to the facilities and buildings of the Department: 1.0 Fire Inspection Services. 1.1 The City will provide the following fire inspection services when requested by the Department and subject to all conditions and limitations set forth in this MOU: (a) Plan review of construction documents for new/modified fire safety systems; (b) Review of fire alarm, smoke and fire suppression system shop drawings; I1 1 (c) Review of project fire safety systems during design and construction with Department design and construction staff, contractors and consultants; (d) Fire safety inspections during construction, including review of related building components such as egress and occupancy, as well as fire alarm systems, and fire suppression systems, fire hydrant and panel locations and other systems or components related to fire safety; (e) Assist the Department in the compilation of any records required to facilitate response to fire alarms and emergencies including building drawings; and (f) Annual fire safety inspections. ("Fire Inspection Services") 1.2 The Department shall reimburse and pay City for all Fire Inspection Services. Payments shall be made in advance at the applicable hourly or unit price currently charged for commercial buildings and developments. 1.3 Fire Inspection Services shall be provided subject to available staffing and resources. The failure to provide or timely provide Fire Inspection Services shall not constitute a breach of this MOU or otherwise subject the City to liability. 1.4 To the extent the City identifies areas of noncompliance with City's Fire Code and makes recommendations for corrective action, Department recognizes that failure to implement recommended corrective actions may impair fire protection and be grounds for City to decline assisting Department in fire protection and other emergency service activities as set forth in below Section 2. Additionally, Department acknowledges that City's inspection reports and/or recommendations for corrective actions are public records open to inspection. 2.0 Requests for Fire Protection and Other Emergency Services. 2.1 The Department may request fire protection and other emergency services from the City with respect to facilities and buildings of the Department. The City's provision of fire protection and other emergency services pursuant to such a request by the Department shall be subject to all conditions and limitations set forth in this MOU, including but not limited to the following: (a) The request should be directed to City' dispatch center and identify with specificity the fire emergency or incident for which assistance is requested. If at all possible, Department shall have personnel at the location of any fire or related 1-12'_1 emergency before requesting assistance. (b) City will dispatch equipment and personnel only when it is consistent with the continued safety of persons and property elsewhere within the City. The determination of what personnel and equipment will be dispatched shall be within the absolute discretion of the City. At all times, City Fire Department command staff shall direct the operations of City fire personnel and equipment, and same shall not be under the command of Department personnel. (c) Whenever City provides fire suppression assistance upon buildings or facilities which may present a security concern, Department shall provide and maintain adequate security at the incident location. (d) City will withdraw its personnel and equipment when City determines they are no longer needed 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 elsewhere in the City. City may also withdraw its personnel and equipment if it believes that security is inadequate at the location. (e) The Department shall cooperate with City in the compilation of any records City requests which would facilitate the City's response to fire alarms and emergencies including building drawings. 3.0 Waiver 3.1 Except as provided in Section 1 with respect to fees for Fire Inspection Services and Section 4 with respect to reimbursements for response to hazardous substance incidents , each party waives all claims against the other party for compensation for any loss, property damage, bodily injury, or death arising from the provision of services pursuant to this MOU including but not limited the provision of Fire Inspection Services and the provision of fire protection and other emergency services, or withdrawal of same. 3.2 Except as provided in Section 1 with respect to fees for Fire Inspection Services and Section 4 with respect to reimbursements for response to hazardous substance incidents, each party will, at all times, be responsible for its own costs incurred in the performance of this MOU, and shall not receive any reimbursement from the other party. 4.0 Hazardous Substance Incidents. 4.1 City's Fire Department serves as the Designated Emergency Response Authority ("DERA") for the areas within the City's corporate boundaries pursuant to Section 1317 29-22-102, C.R.S. City's Fire Department, through its Fire Chief or Assistant Fire Chief, acts as incident commander at hazardous substance incidents within the City when it receives actual notice of same, and it may, in its discretion, dispatch hazardous materials personnel and equipment as part of the initial emergency response to the incident. City's response is, at all times, limited to only the initial emergency action necessary to minimize the adverse effects of a hazardous substance incident. It is the policy of the City to assert claims for reimbursement of all costs incurred by the City in responding to such an incident against the person or persons responsible for the incident, including those who have the care, custody or control of the hazardous substance or upon whose property the incident occurred. In the event City responds to a hazardous substance at the facilities and buildings of the Department, Department acknowledges that City may seek reimbursement for its response costs from the State of Colorado in accordance with applicable State and federal law. 4.2 To the extent applicable and permitted by law, Department shall fully comply with the provisions of Title III of the Superfund Amendments and Reauthorization Act of 1986, as amended. 4.3 At least once each year, Department shall file with Fire Chief a report (a) containing a list of all hazardous substances located upon the grounds of the facilities and buildings of the Department, including an Emergency and Hazardous Chemical Inventory on approved OMB forms, (b) specifying the locations where such substances are stored, (c) attaching MSDS sheets for all such substances, and (d) attaching the Department's current spill prevention plan. A copy of the report shall also be maintained by the Department and made available for inspection during annual inspections and at the time of any hazardous substance incident. City may store such information in its CAD Dispatch data system and in any GIS system in which City maintains hazardous substance information for emergency response personnel and may use such information in the event of any assistance or response to the State Correctional Facilities. 5.0 Department Designations and Identifications. 5.1 Department hereby designates the individuals on the attachment, which is by this reference incorporated herein and identified as Attachment "A", as the individuals who are authorized by Department to request assistance from City as provided in this MOU. The Department may from time to time designate new individuals by revising Attachment "A" and mailing a copy to the City at least thirty (30) days before the effective date of designation, and stating that the revised Attachment A relates to this Agreement; said revisions shall thereafter supersede all prior versions of Attachment "A". 5.2 Department hereby identifies the buildings and facilities listed on the attachment, which is by this reference incorporated herein and identified as Attachment "B", as the buildings I41 and facilities covered by this MOU. The Department may from time to time identify new buildings and facilities, including proposed buildings and facilities, by revising Attachment "B" and mailing a copy to the City at least five (5) days before the effective date of identification and stating that the revised Attachment "B" relates to this MOU; said revisions shall thereafter supersede all prior versions of Attachment "B". Department stipulates, acknowledges and agrees that the City's coordination of fire inspection, fire protection and emergency medical services shall only extend to the buildings and facilities set forth in the Attachment "B" or as same may be superseded. 6.0 This MOU is not intended to, nor shall 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 or extend any legal rights or remedies whatsoever to or for the benefit of any other person or entity. 7.0 Nothing in this MOU shall be deemed to delegate or be constituted as the delegation or assignment of power or authority of either party to the other party. 8.0 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 of City, 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. 9.0 No act or omission of any employee of the City shall constitute a waiver or modification of any term of this MOU, nor estop the City from asserting or enforcing any term of this instrument. All modifications to this instrument shall be made in writing and shall become effective only upon approval of City Council by Resolution or Ordinance. 10.0. All personnel and equipment provided by City pursuant to the provisions of this MOU shall be covered only by the liability, damage, workers' compensation and/or other insurance coverage, if any, of City, and such personnel shall, while engaged in the performance of services under this MOU, retain all rights, privileges and immunity of, and be deemed to be engaged in the service and employment of the City. All of Department's officers and employees performing any functions under the provisions of this MOU shall likewise be covered only by the liability, damage, workers' compensation and/or other insurance covered, if any, of the State, and shall remain Department employees and not employees nor agents of the City. Under no circumstances shall City be responsible for the personal injury or death to any employee or to any person in the custody or care of the Department. 11.0 Either party may terminate this MOU, without cause, at any time upon thirty (30) days' prior written notice to the other party. 12.0 This MOU shall be governed by the laws of the State of Colorado. Venue for any action I.15'i arising under this MOU or for the enforcement of this MOU shall be in a state court with jurisdiction located in Pueblo County, Colorado. WHEREOF, the duly authorized representatives of each of the parties hereto have executed this instrument the date and year first above written. ATTEST: CITY OF PUEBLO, A MUNICIPAL CORPORATION City Clerk \.,.a. .�l�1Ntw�C� By 7Ke4e44,46fAa'aZeset:gy Mayor APPROVED AS TO FORM: -t,r > ,,"t ( "e-• )1 1°1441- City Attorney APPROVALS: STATE OF COLORADO, JARED POLIS, GOVERNOR DEPARTMENT BY C flit►_ • 02-1- /L Title: chi ,F a minis fj- 've OFhcer ATTORNEY GENERAL, State of Colorado By , Asst. Atty. General CONTROLLER By 5.tst Ackley- Title: 0,,,iy71lc,- 16 I Attachment "A" Joseph Reen Director of Operations Colorado Department of Agriculture Jenifer Gun Chief Administrative Officer Michelle Hines Director of Operations State Fair Scott Stoller Colorado State Fair General Manager Attachment"B" Horse Show Concession Restroom Bldg. Event Center Restroom Bldg. Horse Show Restroom Bldg. Vendor Loop West Horse Arena Cover Gate 6 Ticket Office Gate 2 Ticket Office Gate 4 Ticket Offcie 4-H Exposition Bldg. 4-H Dining Hall Bldg 4-H Auditorium Bldg Boy's Dorm Bldg. Girl's Dorm Bldg. Amphitheatre Bldg Butler Building Manhatan's Concession Colorado Building Fine Arts Bldg. Maintenance Office Small Animal Barn Sheep & Swine Barn#14 Goat Barn Security Office Livestock Pavilion Feed Barn State Fair Cafe Palace Of Agriculture Information Booth Vip Colorado Clubhouse Coca Cola Stage Creative Arts Cultural/Heritage Bldg. Triangle Park Rest Rm. East Grandstand Restrooms Grandstand Ag Pavilion, Rest Rm. Ag Pavilion Grandstand Stage Rodeo Office Horse Stalls Abcfg Stone Stalls Maintenance Garage Dairy Bar Concession Horse Show Feed Barn Vineland Concession East Grandstand Bleachers West Grandstand Bleachers Bandshell Park Restrooms Lottery Building N.W. Carnival Restroom East Carnival Restroom Gate 3 Carnival Showers/Restroom Gate 5 Ticket Office Subway Building Giodone'S Tent Concession Event Center Gate 9 Ticket Office