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HomeMy WebLinkAbout07993ORDINANCE NO. 7993 AN ORDINANCE AUTHORIZING THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, TO ENTER INTO AN INTERGOVERNMENTAL USE AGREEMENT FOR THE PURPOSE OF UTILIZING THE CITY OF PUEBLO'S FIRE DEPARTMENT FACILITIES AND EQUIPMENT FOR CLASS INSTRUCTION IN FIRE SCIENCE CURRICULUM AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Intergovernmental Use Agreement between Pueblo Community College and the City of Pueblo, to allow the use of Pueblo Fire Department's facilities and equipment for the purpose of class instruction in Fire Science Curriculum, a copy of which is attached hereto, is hereby approved. The President of the City Council is authorized to execute the Agreement for and on behalf of the City of Pueblo and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 2. This Ordinance shall become effective upon final passage and approval INTRODUCED: March 23, 2009 BY: Judy Weaver COUNCILPERSON APPR D' } �- PRESIDENTaf Cfty Council A77TSTED DY: CITY CLERK PASSED AND APPROVED: April 13, 2009 L) 4 Background Paper for Proposed ORDINANCE AGENDA ITEM # 34 DATE: March 23, 2009 DEPARTMENT: FIRE DEPARTMENT - CHRISTOPHER P. RILEY TITLE AN ORDINANCE AUTHORIZING THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, TO ENTER INTO AN INTERGOVERNMENTAL USE AGREEMENT FOR THE PURPOSE OF UTILIZING THE CITY OF PUEBLO'S FIRE DEPARTMENT FACILITIES AND EQUIPMENT FOR CLASS INSTRUCTION IN FIRE SCIENCE CURRICULUM AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should City Council approve the IGA relating to use of Fire Department facilities and equipment by Pueblo Community College for Fire Science curriculum? RECOMMENDATION Approval of Ordinance. BACKGROUND The Fire Department wishes to enter into an agreement with Pueblo Community College to utilize the City of Pueblo's Fire Department Facilities equipment and classroom for the purpose of instructing Fire Science Classes. FINANCIAL IMPACT Projected revenue for the City of Pueblo for this program is approximately $36,000 per year. INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT is made and entered into this 23 day of March, 2009, by and between the State of Colorado, Department of Higher Education, State Board for Community Colleges and Occupational Education, for the use and benefit of Pueblo Community College, located at 900 W. Orman Avenue, Pueblo, Colorado (hereinafter referred to as "PCC "), and the City of Pueblo, a Municipal Corporation, 1 City Hall Place, Pueblo, Colorado (hereinafter referred to as "City "). WHEREAS, PCC operates an educational facility and desires to provide occupational education in the field of firefighting training; and WHEREAS, the availability in the Pueblo region of firefighting training and education increases the availability of qualified persons for hire in City's Fire Department; and WHEREAS, PCC and City desire to cooperate in PCC's efforts to provide meaningful firefighting training to PCC students; and WHEREAS, the System President of the Board for Community Colleges and Occupational Education, or his designee has been delegated the authority to approve training agreements, to receive services, to use property, and to enter into other agreements so long as they involve less than $500,000; and WHEREAS, the System President has designated the College President of Pueblo Community College to enter into such training and other agreements for PCC; 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 PCC and its students who are enrolled in health related educational programs 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 Clarence Road, Pueblo, Colorado; (b) a classroom located on the Training Tower grounds; (c) such limited areas of City Fire Station No. 1, 425 W. 7t Street, Pueblo, Colorado, as may be designated and approved by City's Fire Chief, and (d) 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 PCC and its students who are enrolled in health related education programs to use and train with the following City equipment: (a) rescue saws, fire axes, fire hoses and various hand and power tools. 3. PCC shall, at all times, have a PCC instructor physically present and supervising students when students are upon City's facilities and when City equipment is being used or demonstrated. It shall be the responsibility of PCC, and not of City, to assure that students are provided with all appropriate safety instruction and training on the use of City owned tools and equipment prior to handling or use of same. Additionally, prior to the first entry upon City facilities, PCC shall require its students and instructors who enter upon City facilities or use City equipment to sign liability waivers on such forms as the City Attorney may require. 4. Under no circumstances will PCC instructors or students be permitted to drive City fire or rescue vehicles norrespond to actual emergency response events to which City personnel may be dispatched. 5. At all times during the terms of this Agreement, PCC and its instructors shall be deemed as independent contractors and not employees of the City. PCC 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 it shall indemnify, defend and hold City harmless from and against any and all claims for the same. 6. The term of this Agreement shall commence on January 1, 2009 and shall end on December 31, 2009. 7. Special Requirements for Burn Room Use. Bum Rooms provide unique opportunities for education and training, but also present 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 consumable /expendable components. Consequently, use of the Burn Room by PCC shall be subject to following additional requirements, which must be strictly complied with by PCC: (a) Students, trainees and others using the Bum Room under PCC authorization must 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/l/06), or must have completed all the training for a Fire Fighter I certification. (b) PCC shall arrange in advance for a City Fire Department Pumper Truck to be present and standing by during burn events at the Bum Room. In connection with such standby service, PCC shall pay to City rental fees for the Pumper Truck in the amount of $200 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 Bum -2- Room, and run until it returns to its station and is ready for service again. (c) During all use of the Burn Room, PCC shall, at PCC's expense, have a qualified Safety Officer present to provided oversight of training, instructors and students. The PCC 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 bum event, PCC shall, at PCC'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) PCC shall follow the standard Incident Command System procedures while present on the training grounds. By executing this Agreement, PCC certifies it is familiar with these procedures and able to comply therewith. (f) At the conclusion of each day's bum events, PCC shall ensure that: (i) all fires are completely extinguished, including bum barrels; (ii) all areas are swept clear and all hay and pallets removed and /or properly stored; (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) PCC 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) PCC shall pay to City, in connection with use of the Burn Room: -3 (i) a usage fee of $250 per day or portion of a day; and (ii) $200 per hour for each City -owned Pumper Truck used or on standby at the facility; and (iii) $35 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 Burn Room and associated costs shall be due and payable twenty (20) days after invoice. 8. This Agreement is not intended to, nor shall it create, any duty to any student, instructor, PCC employee, parent 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 student, instructor, PCC employee, parent 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 PCC, 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, PCC, 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. PCC acknowledges that the use of the training tower, Bum Room and other facilities present inherent dangers and that use of saws, axes, fire hoses and other tools presents inherent risks. The use by PCC and its students and instructors of the facilities and 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 equipment furnished hereunder. PCC shall obtain a signed liability waiver from each 0 PCC student and instructor on the form designated by City, prior to entry upon any City facilities or use of City equipment. 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 byFirst Class United States Mail, postage prepaid, to the other party at the following addresses: If to PCC: Pueblo C ommunityCollege Attn: p Nl/✓ Vcl 900 W. Orman Avenue Pueblo, CO 81004 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 the day and year first written above. STATE OF COLORADO for the use and benefit of STATE BOARD FOR COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION CITY OF PUEBLO, A MUNICIPAL CORPORATION By Piesiden't of the City Council --. ATTEST: ..' \ , .. . City Cl r te.-- - City AttoTey / -5- Title: ��CS�Pe Q eut6w C�nr. "x ; APPROVED: STATE CONTROLLER BY TyYu Name: QAILE A_PeTTLNA-R- Title: COWTZOLLEC. PCX— Date: 3-5 -O q 0