HomeMy WebLinkAbout2009 Ordinance No. 016• RDINANC E 0 . )'2-
SERIES OF 2009
BY AUTHOR IT Y
COUN CIL BILL NO . 17
I RODU C. ED BY COU CIL
MEMBER MOORE
AN ORDINANCE APP ROVIN G AN INTERGOVERNMENTAL AGREEMENT (IGA) FOR
MUTUAL AID/AUTOMATIC AID AGREEMENT (FIRE)--2009, BETWEEN THE CITY OF
SHERIDAN AND THE CITY OF ENGLEWOOD , COLORADO .
\VH EREAS . Englewood is a home rule municipal co rporati on organi zed and exi sting pursuant
to An ic lc XX of1he Co lorado Constitution, its Charter and its Oroin P.il i;cs: and
WHEREAS. Englewo od's terri tori.1 1 jurisdiction, is in general. the legal boundary of the Ci ty of
Fnglewood , Co lorado; and
WHEREAS, Sheridan is a home rule municipal corporation organized and existing pu rs uant 10
Article XX of the Colorado Co nstitution , it s Chan er and Ordinances; and
WHEREAS. each of the panies hereto maint ains emergency equipment; and
\.VHEREAS , emergencies may arise in one or the other of the jurisdiction s resulting in greater
demands tHan that jurisdiction can handle, or emergencies of such inten sit y may occ ur that they
• cannot be handled so lel y by the eq uipment of th e jurisdiction of which the emergency occurs; and
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WHEREAS , it is in the interest of each of the panics th at they may have service from the other
pany to aid and assist them for the purpo se of fighting fires or responding to other emergen cies:
and
WHEREAS, the Englewood '2 ity Co un cil approved entering n Mut ua l Aid/A ut omatic Aid
Agreemem with the pass.,ge of Ordin ance No. 3 1, Seri es 200 7; and
WH EREAS . the passage of thi s Ordinance revi ses and updates the 2007 Mutual Aid/Automatic
Aid Agreement between Sh eridan and Englewood ;
NOW , THEREFCF.E . BE IT ORDAINED BY THE CITY CO UNCIL OF THE CITY OF
ENGLEWOOD . Ci >LOP.ADO. AS FOLLOWS :
Section I. Ci ty Co un cil of En glewood. Co lorad o. hereby approves th e lntcrgovcnuw:ntnl
Agreeme nt for ~i:h,,al Aid/Au1 omati c Aid Agreemen t (Fire) 2009 Betw ee n th e City of .ihcridan
and th e Cit y of Eng lewood , Colorado . a copy of whi ch is allached hereto as Ex hibit A.
Sccti 0n 2. ·n,e Mayor is hereb y au th orized to sign and th e Cit y Clerk to attest sa id Mutual
Aid/ Automatic Aid Ab'l'eemcnt (Fire) 2009 for and on beha lf of the Cit y of Eng lewood.
lntr~oced , read in full , and pass ed on fir st reading on the 4th da y of Ma y, 2009 .
Publi sh1d as a Bill fo r an Ordinance i11 th e City 's offi cial newspape r on th e 8" day of May. 2009 .
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Pub'is ncd ns a Bill for an Ordina nce on the C11 y·s official web site begi nn ing on the 0111 day of •
May, 2009 for 1hin y (30) da ys .
Read by 1ille and pa ssed on final reading on the I gw day of May. 2009 .
Pub lis hed by 1itle in 1he Ci 1y"s officia l new spaper as Ordinance No . /J!.. Series nf 2009. on
1hc 22nd day of May . 2009 .
ames K. Woodward , Mayor
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado , hereb y cenify tha1 the
above and foregoing is ! ;,u• copy of the Ordinance passed on final reading and publi shed by
title as Ordinance No .4£, Series of 2009 . ~~-~ •
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MUTUAL AID/AUTOMATIC AID AGREEMENT (FlRE)-2009
TI-IIS AGREEMENT, made by and between the CITY OF ENGLEWOOD ,
COLORADO , a municipal corporation, hereinafter called "Englewood ," and the CITY OF
SHERIDAN, COLORADO , a municipal corporatiou , hereinafter called "Sheridan ."
WITNESSETH
WHEREAS , Englewood is a municipal corporation organized and existing pursuant to
Article XX of the Colorado Constitution, its Charter, its Ordinances ; its territorial jurisdiction
generally is the legal boundaries of the City of Englewood , Colorado , and
WHEREAS , Sheridan is a municipal corporation organized and existing pursuant to
Article XX of the Colorado Constitution, its Charter, and Or mces; its territorial jurisdiction
generally is the legal boundaries of the City of Sheridan, r o, and
WHEREAS, each of the parties hereto maintain emergency equipment; and
WHEREAS , emergencies may arise in one or the other of the jurisdictions of the parties ,
resulting in greater demands than the manpower and equipment of the party can handle; or
emergencies of such intensity may occur that they cannot be handled solely by the equipment of
the party in whose jurisdiction the emergency occurs ; and
WHEREAS, it is the desire of the citizens of the City of Englewood, as expressed
through the Fire Services Delivery Committee, to enter into agreements enhancing the delivery
of emergency services to the City and its environs, and
WHEREAS, it is to the interest of each of the parties that they may have service of and
from the other party to aid and assist them in the purpose of fighting fires or responding to other
emergencies;
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties as
follows:
i. MUTUAL AID:
I. For and in consideration of the promises of Sheridan, hereinafter set forth,
E:1glewood agrees with Sheridan that in the event there are emergencies in the territory served by
Sheridan which are beyond the control of the fire department of Sheridan , whether because of
use of their equipment at other places or because of the intensity of the emergency , or otherwise ,
Englewood agrees , subject to the limitation hereinafter set forth , to aid and assist Sheridan by
causing and permitting its fire department and its equipment to be us-:d in responding to
emergencies in the territorial area of Sheridan, and the need for such aid and assistance shal l be
determined by the fire department of Sheridan , subject, however, to the following limitations :
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Engl ewoo d shall be excused from maki ng its eq uipmenl and services av ailabl e to •
Sheridan in the eve nt of th e need of the emergency eq uipment and th e manpower within th e
territorial area of Engl ewood , or th eir prior use at any place , which decision of avai lability shall
be made by th e fir e department of Engl ewood , and which decision shall be conclus ive .
2. For and in cons id era tion of th e promi ses of Eng lewood , hereinafter se t forth ,
Sherid an agree s with Englewood that in the eve nt there are fire s or oth er emergencies in the
territNy served by Englewood which are beyond the control of the fire depanmcn1 of
Englewood , whether because of use of their equipment at ot her places or because of th e intensity
of the emergency , or othenvise, Sherid an agrees , subje ct 10 the limitati on herein after se lf ·h , 10
aid and assist Englewood by causing and perrnining Sheridan equipment to be used in
responding to emergencies in the territori al area of Englewood , and the need for such ai d and
assistance shall be determined by the fire division of Englewood , su:,ject , however, 10 the
following limitation :
Sheridan shall be excused from making its equipment or service avai labl e to Englewood
in the event of the need of the emergency equipment or need of the manpower within the
territorial area of Sheridan , or their prior use at any place, which deci nion of availability shall be
made by the fire departm ent of Sheridan , and which decision shall be conclusive .
3. The services rendered by one party to the other are of equal value to the serv ices
rendered by .the other party , and there , ~all be no charges made by one party for the services
rendered to the other party, except that in the event of equipment damage by reason of the actio n •
of emp loyees of the other party , the liability and loss shall be deter. :,ined on the basis of th e fault
or negligenc e of such employee . If the employee is determined to be at fault or negligent , the
party employing that employee shall be liable for the loss .
4. Eac h party shall be expected to maintain its equipment and organize its
emergency response with both manpower and equipment to the degree necessary to cope with
the ordinary and routine emergencies arising within its boundaries and for which the party is
organized . Neither party shall expect the other to respond to emergency calls where the
emergency arises due to a failure to organize available manpower or maintain equipment in
proper working order and in sufficient quantity to meet the respective demands of the perso ns
and property within each of the parties' respective jurisdiction s.
II . AUTOMATIC AID:
Ci ty of Sheridan
ii is understood an, I agreed th at Englewood will re spond with th e appropriate apparatus
inlo Sheridan as part of the initial re sponse th ro ugh automatic di spm ching by di spatch perso nnel
into th e bel ow-defined areas .
FIRE RESPONSE
DEFIN ED AREA: The entire C:,y of Sheridan.
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The amomati c aid response int o Sheri dan fo r fir e ca ll s will co n~ist of a mininmm thr ee-
person compa ny, unl es s all Englewrnd fir e co mpanies are pre vio usly comm itted to oth er
in cidents. If sud. is th e case , Engle,•ood wi ll immedia tely notify Sheri dan's di spatch ce nte r of
it s in abi lit y to respond , and will make every effort to send a co mpan y to Sheridan as soo n as
pos sible.
EMERGENC Y MEPI CA L RES PON SE
DEF INED ARE A : The area bo rde red by U.S. Hi ghwa y 285 on the so uth, and the
bo undaries of th e City of Sherid an on th e east, north and we st.
The automati c aid response int o Sheri dan fo r eme rge ncy medica l se rvice ca ll s will
co nsi st of a minimum three perso n co mpan y, unle ss all Eng lewoo d co mp an i•:s are prev iously
co mmitt ed to other inc idents. If such is th e case, Englewoo d will imm edi ately noti fy Sherid an's
dis patch cente r of its inability to res pond , and will make eve ry effo rt to se nd a company to
Sheridan as soo n as po ssibl e.
Englewoo d's primary apparatu s for em,~rg ency medi ca l res ponse int o Sherid an shall be Squ ad
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It is und ,·rst<>•Jd and agree d th at Sheridan will respo nd with th e appro priate personn el and
apparatus into En glewood's re spo nse area as part of th e initi al response thro ugh aut omatic
dispatching by di spatch perso nn el.
FIRE RES PONSE
DEFINED AREA : The area l,, ,ted to, l,111 generall y including all areas between
Broadway and th e west ern boundary of the Cit y, and be twee n Wes t Tuft s an d th e north ern
boundary of the City.
Aut omati c aid re sponse into Englewoo d fo r fi re call s will consist of a minimum three
pe rso n co mpan y, unles s th at initial re spon se is prev iousl y committed to anoth e.r incident. If such
is the case, Sh eridan will immediatel y noti fy Englewood 's di spatch ce nt er of th e inabili ty to
res pond , and will make eve ry effo rt to send a co mp any to Englewoo d as soo n as pos sibl e.
EMERGE NCY MEDI CAL RE SPO NSE
DEFIN ED AREA : TI,~ are a limit ed to. but ge nerall y bord ered by the Pl att e Ri ver 0 11 the
east. and the boundari es of th e City of Englewoo d on th e south , we st, and north , so uth of Oxfo,d
Ave nu e.
Automati c aid respo nse int o Englewood wi ll consist of a minimum three pe rso n
company , unl ess th a, fire co mpany is pre vio usly comm itt ed to ano th er in cident. In this in stan ce,
Sheridan will immediatel y notify Englewood's di spatch center of the inabilit y to re spo nd , and •
will make every effort to se nd a company to Englewood as soon as poss ibl e.
Ill. OTHER PROVISIONS :
I . Either party hereto ma y termin ate thi s co ntract without cau se upon thirty (30)
day s prior written notice to the other.
2. This Agreement shall be administered pursuant to such written agreements as the
Fire Chiefs of each party deem appropriate.
3. It is understood and agreed that this Agreement provides for the joint exercis e t-y
the parties of the function or service provided herein , but does not establish a separaU · legal
entity lo do so , nor shall any party be deemed an agent of any other party for any purpose
what soever. This Agreement shall provide only for sharing of in-kind services and costs by the
parties toward the establisl ,ment of a common mutual goal.
4. It is understc od and agreed that each party's performance hereunder shall he
subject to the annual appro1 riation of funds by its City Council.
5. Each party shall , at all times, be responsible for its own costs incurred in the
performance of this Agreement, and shall not receive any reimbursement from any other party ,
except for third party reimbursement under the following paragraph (4), time to time , nnd as
otherwise available at law .
6. Each party agrees that, for each call occurring within its jurisdiction, for which it
has requested or received mutual or automatic aid , it will reasonably pursue any and all legal
reimbursement possible , pursuant to state or federal laws, including but not limited to
reimbursement for huardous materials incidents , occurring within its jurisdiction, on behalf of
all parties responding and , upon full or partial payment by the responsible entity, will distribute
the reimbursement received in a fair and equitable m~nner to assist:ng parties based on their
relative documented expenses for the involved accident.
7. Nothing contained in this Agreement , and no performance under this Agreement
by perso nnel of the parties hereto shall in any respect alter or modify the status of officers ,
agents, or employees of the respective parties for purposes of workers ' compensation or their
benefits or entitlements , pension , levels or types of training, internal di sc ipline, certifi ion, or
rank procedures, methods, or categori~s , or for any purpose, or condition or requirement of
employment. Workers' Compensation coverage sha 1I be as structured in C.R.S. Sectio n 9-5-
109 .
8. It is understood and agreed by the parties hereto that if any part , term or provision
of thi s Agreement is, by the courts, held to be illegal or in conflict with any law of the State of
Colorado , the validity of the remaining portions or provisions shall not be affected, and the rights
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and obligations of the parties shall be construed and enforced as if the Agreement did not contain •
the particular part , term or provision held to be invalid .
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9. Each and every lenn , provision , or condition herein is subj ect to and shall be
con strued in accordance with the provisions of Co lorad o law, th e Chart ers of th e panies and th e
ordinances and regulations enacted pursuant thereto .
I 0. This Agrcem~nt shall be binding upon the successo rs and ass ign s of each of th e
parties here to , except that no party may assign any of its right s or ob ligati ons hereunder , with out
the prior written consent of all of the parties .
11 . It is expressly understood and agreed th at enforce ment of the terms and co ndition s
of this Agreement, and all rights of action relating to such enforcement , shall be strictly reserved
to the named parties hereto, and nothing contained in this Agreement shall give or allow any
such claim or right of action by any other or third person or entity on such Agreement. It is the
express intention of the named parties that any person or entity other than the named parties
receiving services or benefits under this Agreement shall be deemed to be an incidental
beneficiary only .
12 . Any party hereto may tenninate its participation in this Agreement with or
without cause upon thirty (30) days prior written notice to each of the other parties .
CITY OF SHERJDAN
By: _________ _
Mary L. Carter, Mayor
ATTEST:
By:--------
Arlene Sagce , City Clerk
APPROVED AS TO CONTENT:
By: _________ _
Ron Carter, Fire Chief
APPROVED AS TO FORM
By: _________ _
William P. Hayashi , City Attorney
CITY OF ENGLE',VOOD
By:_ -----------
James K. woOdward, Mayor
ATTEST :
By:---------,-,--,-,-----
Loucrishia A. Ellis , City Clerk
APPROVED AS TO CONTENT :
By: _________ _
Michael Pattarozzi, Fire Chief
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Blue = Englewood response Into Sheridan, EMS calls.
Red = Sheridan response Into Englewood , EMS calls .
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Blue = Englewood response Into Sheridan , Fire calls.
Red = Sheridan response Into Engh.'iwood, Fire calls . •
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
May 4, 2009 9 a i; Aut o mati c/M utual Ai d Agree ment
with Sheri da n Fire
Initiated By: I Staff Source:
Fire D ep artm ent Michael Pa ttarozzi, Fir e Chief
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
In 1990, Co unci l app rove d an o rdin ance auth orizing th e implementati on o f an auto matic/mutual
aid agree ment w ith th e City of Sh eri dan. In 2007, Counc il approved an o rdinance modifying th e
ag ree ment.
RECOMMENDED ACTlm,
Staff seeks Council 's app roval of a bill for an o rdinance o f the updated and revise d
au to matic/mutual aid ag ree m ent between th e c iti es of Engl ewood and Sheridan .
BACKGROUND , ANALYSIS, AND ALTIRNATIVES IDENTIFIED
Th e su ccessful miti ga ti o n of em erg ency operati o ns is depend ent upon th e rapid dep l oym ant of
adequate reso urce s. Au to mati c/mutual aid augments city reso urces by th e coordinated utilizati o n
of th e reso urces of neighbo rin g communities. This ag ree ment will provide for th e initial respons e of
th e clos est basic life suppo rt personnel to m edical emerge ncies in th e defin e d ar eas o f En glewood
and Sh erid an reg ardless of jurisdicti o n.
FINANCIAL IMPACT
N o ne.
LIST OF ATTACHMENTS
Bill for an O rdinance