HomeMy WebLinkAbout7218RESOLUTION NO. 7218
A RESOLUTION APPROVING A RECIPROCAL FIRE PRO-
TECTION ASSISTANCE AGREEMENT BETWEEN THE CITY
OF PUEBLO AND THE UNITED STATES OF AMERICA AND
AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL
TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1.
The Reciprocal Fire Protection Assistance Agreement dated
July 29, 1993 between the City of Pueblo and the United States of
America, a copy of which is attached hereto, is hereby approved
and 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.
INTRODUCED: September 13, 1993
7/4
By HOWARD WHITLOCK
Councilperson
APPROVED:
Presi nt of the City Council
RECIPROCAL FIRE PROTECTION ASSISTANCE AGREEMENT
This Agreement is made and entered into this �_ day of
, 1993, by and between the United States of
Ameri (hereinafter "Government "), acting by and through the
Secretary of the Army pursuant to the authority of 42 U.S.C.
Sections 1856 to 1856d and 15 U.S.C. Section 2210, and the City of
Pueblo, Colorado (hereinafter "City ").
In consideration of the mutual benefits and advantages which
will inure to the Government and City, and in furtherance of
expressed Congressional intent, the parties hereto enter into this
agreement and hereby agree as follows:
1. On request to a Fire Chief or any Assistant Fire Chief
of the City Fire Department by the designated representative of
Government, the City will, subject to availability of equipment,
personnel and such other conditions as are set forth herein,
dispatch equipment and personnel of the City Fire Department to
the location of any fire or related emergency within the
Government's facility known as the Pueblo Army Depot located
within Pueblo County, Colorado.
2. On request to the designated representative of
Government, or his designees, by the Fire Chief or any Assistant
Fire Chief of the City Fire Department, the Government will,
subject to availability of equipment, personnel and such other
conditions as are set forth herein, dispatch equipment and
personnel of the Government to the location of any fire or related
emergency within the City of Pueblo or at the Pueblo Memorial
Airport and the Memorial Airport Industrial Park.
3. Any dispatch of equipment and personnel pursuant to this
agreement is subject to the following conditions:
a. Government shall, within 10 days of execution of
this agreement, advise City of Government's designated representa-
tives and designees thereof who are authorized by Government to
request assistance or direct the Government's deployment of
personnel and equipment for fire and related emergencies.
b. That a dispatch of equipment and personnel will
only be made by the responding entity when it may be consistent
with the continued safety of persons or property within its
regular area of service. It shall be entirely within the
discretion of the designated personnel of the responding entity to
determine what personnel and equipment shall be provided in
response to any request for assistance.
C. To the extent reasonably possible, the entity
requesting assistance shall have one or more personnel present at
the location of any fire or related emergency before requesting
assistance and shall indicate the nature of equipment and number
Cf personnel requested and the location to which same are to be
dispatched.
d. The responding entity shall have its personnel
report to the officer in charge of the requesting entity and be
subject to the orders of that official.
e. The responding entity shall be permitted to
withdraw its personnel or equipment when same are released by the
requesting entity, when same are no longer_ required 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 within its
regular service area.
4. 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 agreement.
5. If a crash or impact of aircraft, missiles or satellites
owned or operated by the United States or military aircraft, mis-
siles or satellites of any foreign nation occurs within the City
or at the Pueblo Memorial Airport, the designated representative
of Government may assume full command of fire and emergency
operations upon arrival at the scene of such crash or impact.
6. Each party will, at all times, be responsible for its
own costs incurred in the performance of this agreement and shall
not receive any reimbursement from the other party, notwith-
standing the provisions of 15 U.S.C. Section 2210 and 42 U.S.C.
Section 1856 et seq. allowing reimbursement of such costs.
7. All personnel and equipment of a responding party shall
be covered only by the liability, damage, workmen's compensation
and/or other insurance coverage of said responding party and such
personnel shall, while engaged in the performance of services
under this agreement, retain all rights, privileges and immunity
of, and be deemed to be engaged in the service and employment of,
the responding entity and not of the requesting entity.
8. Either party hereto may terminate this agreement at will
upon ninety (90) days' advance written notice.
9. This agreement 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 or extend any legal rights or remedy to or
for the benefit of any other person or entity.
10. Nothing in this agreement shall be deemed to delegate or
be constituted as the delegation or assignment of power or
authority of either party to the other party.
-2-
11. In the event of any fire or other emergency at the
Pueblo Army Depot where hazardous materials or toxic substances
are present, Government shall whenever feasible advise City of
same at the time of the request for assistance. In such
circumstances as to such hazardous material or toxic substances
City's assistance shall be limited to an appropriate fire response
and providing the initial emergency action necessary to minimize
the effect of any hazardous materials incident. Nothing contained
herein shall create any obligation upon the City, nor authorize
any City employee, to possess, transport or arrange for
transportation or disposal of any hazardous waste, hazardous
material, or toxic substance or otherwise undertake any
nonemergency cleanup operations at an incident site involving
hazardous materials or toxic substances.
12. 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, 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.
13. No act or omission of any employee of the City shall
constitute a waiver or modification of any term of this Agreement,
nor estop the City from asserting or enforcing any term of this
agreement. All modifications to this agreement shall be made in
writing and shall become effective only upon approval of City
Council by resolution.
14. City and Government agree that in any dispute or
litigation among themselves neither party will assert the
invalidity or unlawfulness of this agreement, nor raise such
assertion as a defense.
WHEREOF, the duly authorized representatives of the parties
hereto have executed this agreement the date and year first above
written.
CITY OF PUEBLO,
A MUNICIPAL CORPORATION
ATTEST: By 2 e z �. 2 Z _
City Clerk Presi ent of the City Council
APPROVED AS TO FORM:
A - 51 City Attorn
UNITED STATES OF AMERICA
FOR TH£ SECRETARY OF THE ARMY
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