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HomeMy WebLinkAbout10529ORDINANCE NO. 10529 AN EMERGENCY ORDINANCE APPROVING AND ACCEPTING A RELEASE OF CLAIM AND INDEMNITY AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND THE BNSF RAILWAY CORPORATION, FOR A TRAINING EXERCISE THAT WILL OCCUR ON AUGUST 17, 2023 WHEREAS, the Fire Department desires to participate in a large, mass casualty training exercise on August 17, 2023, because it is important training experience for department personnel; and WHEREAS, participation in the event and acceptance of the Agreement is in the best interest of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Release of Claim and Indemnity Agreement (“Agreement”) with BNSF Railway, a true copy of which are attached hereto, having been approved as to form by the City Attorney, is hereby approved. The Mayor is authorized to execute the Agreement in the name of the City. SECTION 2. The officers and staff of the City are authorized to perform any and all acts consistent with the intent of this Ordinance and the attached Agreement to implement the transactions described therein. SECTION 3. The city must accept the Agreement on or before August 17, 2023, in order for the Fire Department personnel to be able to participate in the training event. Given these time constraints, the enactment of this Ordinance is necessary for the immediate preservation or protection of public health, property or safety. Pursuant to Sec. 3-20 of the City Charter, this Ordinance shall become effective upon final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on July 24, 2023. Final adoption of Ordinance by City Council on August14, 2023. ____________________________ President of City Council Action by the Mayor: ☒ Approved on August 17, 2023 . ☐ 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 # S2 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: August 14, 2023 TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Barb Huber, Fire Chief SUBJECT: AN EMERGENCY ORDINANCE APPROVING AND ACCEPTING A RELEASE OF CLAIM AND INDEMNITY AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND THE BNSF RAILWAY CORPORATION, FOR A TRAINING EXERCISE THAT WILL OCCUR ON AUGUST 17, 2023 SUMMARY: This Emergency Ordinance approves and accepts a Release of Claim and Indemnity Agreement with BNSF Railway Corporation (“BNSF Railway”) so that the Fire Department can participate in a multi-jurisdictional, mass casualty training exercise on BNSF-owned property. PREVIOUS COUNCIL ACTION: Not applicable to this Ordinance. BACKGROUND: The Fire Department is participating in the Pueblo County Mass Casualty Incident Exercise on August 17, 2023. This exercise is being conducted within the Burlington Northern and Santa Fe (BNSF) Railways property. The BNSF requires the waiver for participation in training on their property. The drill allows Pueblo County responders to exercise the Mass Casualty Plan in a realistic manner. FINANCIAL IMPLICATIONS: This agreement addresses potential liability issues that might arise as a result of Fire Department personnel participating in a multi-jurisdictional, mass casualty training exercise on BNSF Railroad owned property. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If this Ordinance is not approved, the Fire Department will not be able to participate in this important training event with other agencies. RECOMMENDATION: Approval of the Ordinance. Not applicable to this Ordinance. ATTACHMENTS: 1. Release of Claim and Indemnity Agreement -- City of Pueblo