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HomeMy WebLinkAbout2007 Ordinance No. 029• • • ORDINANCE No.cl}_ SERIES OF 2007 BY AUTHORITY CONTRACT NO. 71.-~00 7 COUNCD.. BD..L NO. 32 INTRODUCED BY COUNCD.. MEMBER WOODWARD AN ORDINANCE APPROVING AN INTER GOVERNMENT AL AGREEMENT (IGA) FOR MUTUAL AID/AtrrOMATIC AID AGREEMENT BE1WEEN SOUTH METRO FIRE RESCUE AND THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, Englewood is a home rule mun;cipal corporation organized and existing pursuant to Article XX of the Colorado Constitution, its Charter and its Ordinances; and WHEREAS, Englewood's tcnitorial jurisdiction, is in general, the legal boundary of the City of Englewood, Colorado; and WHEREAS, South Metro is a fire protection district organized and existing under Part 3, Chapter 32, of 1973 C.R.S.; and WHEREAS , each of the parties hereto maintains emergency cquipm ' WHEREAS , eniergenci es may arise in one or the other of the jurisdictions resulting in greater demands than that jurisdiction can handle, or emergencies of such intensity may occur that they cannot be handled solely by the equipment of the jurisdiction in which the emergency occurs ; and WHEREAS , it is in the interest of each of the parties that they may have service from the other party to aid and assist them for the purpose of fighting fires or responding to other emergencies; NOW, THEREFORE , BE IT ORDAINED BY Tiili CITY COUNCD.. OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : ~ City Council of Englewood, Colorado, hereby approves the Intergovernmental Agreement for Mutual Aid/Automatic Aid Agreement (Fire) 2007 between South Metro Fire Rescue and the City of Englewood, Colorado , a copy of which is attached hereto as Exhibit I. ~ The Mayor is hereby authorized to sign and the City Clerk to attest said Mutual Aid/Automatic Aid Agreement (Fire) 2007 for and on behalf of the City of Englewood. Introduced, read in full, and passed on lint reading on the 7th day of May, 2007. Published as a Bill for an Ordinance on the 11• day of May, 2007 . Read by title and passed on final reading on the 21st day of May, 2007 . -1- 9b iv Published by title u Ordinance No./!ft, Series of 2007, on the 25th day of May, 2007 . ~~ LoucrishiaA.Ell ~ I, l.oucrisbia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed final ,uding and published by title as Ordinance No,!J_, Series of 2007 . ·~~:::::1...:.:·' -2- • • • • • MUTUAL AID /AUTOMATIC AID AGREEMENT (FIRE) 2007 00S AGREEMENT, made by and between lbe CITY OF ENGLEWOOD, COLORADO, a municipal corporation, hereinafter called "Englewood", and SOUTH METRO FIRE RESCUE, hereinafter called "South Metro". WllNESSEIB WHEREAS, Englewood is a ~unicipal corporation organized and existing pursuant to Article XX of !he Colorado Constituti ; · ~ its Charter, its Ordinances ; its territorial jurisdiction generally is lhe legal boundaries oflbe City of Englewood , Colorado, and WHEREAS, South Metro is a fire protection district organized and existing under Part 3, Chapter 32 , of 1973 C.R .S.; and WHEREAS, each of the parties hereto maintain emergency equipment ; and WHEREAS, emergencies may arise in one or the other of lhe jurisdictions of lhe 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 :;oJely by the equipment of the party in whose jurisdiction the emergency occurs ; and WHEREAS, it is to the interest of each of t!te 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 AGR EEO by and between the parties as follows : I . MUTUAL AID ; I. For and in consideration of the promises of South Metro, hereinafter set forth, Englewood agrees with South Metro that in the event there are emergencies in the territory served by South Metro which are beyond the control of the fire department of South Metro, 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 South Metro by causing and permitting its fire division and its equipment to be used in responding to emergencies in the territorial area of South Metro, and the need for such aid and assistance shall be determined by the fire department of South Metro, subject, however, to the following limitations : Englewood sball be excused. from making its equipment and services available to South Metro in the event of the need of the emergency equipment and the manpower within the territorial area of E.ng)ewood, or their prior use at any place, E X H I B I T l which decision of availability aha1I be made by the fire division of EnaJewood, • and which decision shall be conclusive . 2. For and in coDBidemtion of the promises of Englewood, hereinafter set forth, South Me1ro aarees with Englewood that in the event there are fires or other emergencies in the territory served by Englewood which are beyond the control of the fire division of Englewood, whether because of use of their equipment at other 3. laces or because of the intensity of the emergency, or otherwi se, South Me1ro agrees, subject to the limitations hereinafter set forth, to aid and assist Englewood by causing and pennitting South Me1ro equipment to be used in responding to emergencies in the territorial ares of Englewood, and the need for such aid and assistance shall be determined by the fire division of Englewood, subject, however, to the following limitation : South Me1ro shall be excused from making its equipment or service availabl e to Englewood in the event of the need of the emergency equipment or need of the manpower within the territorial area of South Metro, or their prior use ·•• any place, which decision of availability shall be made by the fire department o·:South Metro, and which decision shall be conclusive . Each party waives all claims and causes of action against the other I artv for compensation, damages, personal injury or death occurring as a consc quence , direct or indirect, of the perfonnance of this Agreement. 4. Each party shall be expected to maintain its equipment and organize its eme;gency response method, 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 :mergency calls where the emergency arises due to a failure to organize available manpower or maintain equipment in proper woriring order and in sufficient quantity to meet the respective demands of the persons and property within each of the parties' respective jurisdictions. II. AUTOMATIC AID I. It is understood and agreed that the Englewood Fire Division will respond from the appropriate fire apprn atus into South Metro Fire Rescue's district as part of the initial response through automatic dispat.:hing by South Metro dispatchen into the below-defined areas . • DEFINED AREA -SOUTH MElRO: generally bounded by Clarkson Street on the west, University Boulevard on the east, East Hampden A ~.-:nue on the nonh (includina the Cherry Hills Heights subdivision), and South SI.Jerman Street (5400 block South) on the south. Additionally coverage will also extend t:, ,;;; ••'el aeneraJ)y bounded by University Boulevard on the west, East Hampden Av,11ue • 2 • • • 2. on the north, Colorado Boulevard on the eut, and Quincy Stteet on the south . SEE EXHIBIT "A". It is understood and qreed that South Metro Fire Rescue will respond from the appropriate apparatus into Englewood's district u pert of the initial response tbrouab automatic dispatchina by Englewood's dispatchers into the below-defined areas . DEFINED AREA -ENGLEWOOD: generally extending from Broadway east to the City limits, north from East Tufts to the City limits . Ill. OTHER PROVISIONS : I . Either party hereto may terminate this contract without cause upon thirty (30) days prior written notice to the other. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this ___ day of ______ _, 2007 . SOUTH METRO FIRE RESCUE By :.,,--...,...,--=--=,.......,---=--:-- President, Fire District Board By : ________ _ Chief, Fire Department ATIEST: By: ________ _ CITY OF ENGLEWOOD By:~-=,-,----=-=--Olga Wolosyn, Mayor By : _________ _ Chris Olson, Director Safety Services Loucrishia A. Ellis City Clerk • Exhibit A -South Metro Mutual Aid 1 Automatic Aid Areas • • • COUNCIL COMMUNICATION Date: Agenda Item : Subject: May 7, 2007 11 a vi Automatic/Mutual Aid Agreement with South Metro Fire Rescue Initiated By: I Staff Source: Department of Safety Services, Fire Division Michael Pattarozzi, Division Chief, Fire Di vision COUNCIL GOAL AND PREVIOUS COUNCIL ACTION In 1990, Council approved an ordinance auth orizing the implementation of an Automatic /Mutual Aid Agreement wi th the South Metro Fire Rescue Protecti on District. RECOMMENDED ACTION St;;ff recommends that Council adopt a Bill for an Ordinanc e approving the updated and revised Automatic/Mutual Aid Agreement between the City of Englewood and South Metro Fire Rescue Protection District. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The successful mitigation of emergency operations is dependent upon the rapid deployment of adequate resources . Automatic/mutual aid augments City resou rces by the coordinat ed utiliz ation of th e resour ces of neighboring communities . This agreement is reciprocal. FINANCIAL IMPACT None LIST OF ATTACHMENTS Map of the Aut omati c Aid Coverage with All Departments Proposed Bill for an Ordinance Aid coverage •