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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 Comider ) n y r.^ Lt. Co U. _ ... .