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HomeMy WebLinkAbout2007 Ordinance No. 031• • • ORDINANCE NO . 3/ SERIES OF 2007 -- BYAtmlORITY COUNCil.. Bll.L NO . 34 INTRODUCEDBYCOUNCll. MEMBER WOODWARD AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) FOR MUlUAL AID/AUTOMATIC AID AGREEMENT BETWEEN nm CITY OF SHERIDAN AND 1lfE CITY OF ENGLEWOOD, COLORADO . WHEREAS, Englewood is a home rule municipal corporation organized and existing pursuant to Article XX of the Colorado Constitution, its Charter and its Ordinances ; and WHEREAS, Englewood• s territorial jurisdiction, is in general, the legal boundary 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 Ordinances ; its territorial jurisdiction generally is the legal boundaries of the City of f.heridan, Colorado; and WHEREAS, each of the parties hereto maintains emergency equipment ; and WHEREAS, emergencies 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 of 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, TIIEREFORE, BE IT ORDAINED BY nm CITY COUNCll. OF 1lfE 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 the City of Sheridan 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 OD behalf of the City of Englewood. Introduced, read in full, and passed on first reading OD the 7th day of May, 2007 . -1- 9 b vi 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 . Published by title as Ordinance No.~ Series of 2007 , on the 25th day of May, 2007 . "ri9 .. ·t1.~· ~m I, Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance p sed on final reading and published by title as Ordi1Jance No . 3L. Series of 200 . vr,dn~<-<.,/f • ~ -2- • • • • • • MUTUAL AID /AUTOMATIC AID AGREEMENT (FIRE)· 2007 TiilS AGREEMENT, made by and between the CITY OF ENGLEWOOD, COLORADO, a municipal corporation, here ' 1after called "Englewood," and the CITY OF SHERIDAN , COLORADO, 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 ofEnglewood, Colorado, and WHEREAS, Sheridan is a municipal corporation organized and existing pursuant 10 Article XX of the Colorado Constitution, its Charter, and Ordinances; its territorial jur:sdiction generally is the legal boundarir;s of the City of Sheridan, Colorado, 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 em,:r@ encies of such intensity may occur that they cannot be handled solely by the equipment of the p'.lrty 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 fire and rescue 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 , Englewood 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 Sherida.1, whether because of use of their e~uipment at other places or because of the intensity of the emt.6ency, or otherwise, Englewood agrees, subject to the limitation hereinafter set forth, to aid and assist Sheridan by causing and pennitting its fire department and its equipment to be used in responding to emergencies in the territorial area of Sheridan, and the need for such aid and assistance shall be l delennined by the fire department of Sheridan, subject, however, to the fol:owing limitations: Englewood shall be excused from making its equipment and services available to Sheridan in the event of the need of the emergency equipment and the manpower within the territorial area of Englewood, or their prior use at any place, which decision of availability shall be made by the fire division of Englewood, and which decision shall be conclusive . 2. For and in consideration of the promises of Englewood , hereinafter set forth , Sheridan agrees 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 places or because of the intensity of th e emergency, or otherwise, Sheridan agrees, subject to the limitation hereinafter set forth , to aid and assist Englewood by causing and pennitting Sheridan equipment to be used ·.n responding to emergencies in the territorial area of Englewood , and the need for such aid and assistance shall be detennined by the fire division of Englewood, subject, however, to the following limitation: Sheridan shall be excused from making its equipment or service available to Englewood in the event of the need of the emergency equipment or need of the manpower within the territ orial area of Sheridan , or their prior use at any place , which decision of availability shall be made by th e file department of Sheridan , and which decision shall be conclusive. 3. The services rendered by one party to the other are of equal value lo the services • rend c,rcd by the other part), and there shall be no charges made by the one party for the services • render~d to the other party , except that in the event of equipment damage by reason of the action of the employee s of the other party, the liability and loss shall be detennined on the basi s of the fault or negligence of any employee . If the employee is detennined to be at fault or negligent, the party employing that employee shall be liable for the loss . 4. Each party shall be expected to maintain its equipment and organize i's emergency 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 organi•.ed . Neither party shall expect the other to re spond 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 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 apparatus into the City of Sheridan as part of the initial response through automatic dispatching by dispatch personnel into the below-Jefined areas . DEFINED AREA-SHERIDAN : the entire City ofSheridar,. Automatic aid response into Sheridan will consist of a minimum 3-pc.rson company, • unless all Englewood fire units arc previously committed to other incidents . Jn this instance, 2 • • • Englewood will immediately notify Sneridan's dispatch center of the int.bility to respond, and will make every effort to send a company to Sheridan as soon as poasible . 2. It is undcmood and agreed that the appropriate apparatus will respond into Englewood's rcsponae area as part of the initial response through automatic dispatching by dispatch persoMel. DEFINED AREA -ENGLEWOOD: an area limited to, but generally including all areas between Broadway and the western boundary of the city, and between West Tufts and the northern boundary ofth: City. Automatic aid response into Englewood will consist of 1 minimum 3-person initial rcsponae, unless that fire company is previously committed to another incident. In this instance, Sheridan will immediately notify Englewood's dispatch center of the inability to respond, and will make every effort to send a company to Englewood as soon as possible. m. OTHER PROVJSIONS : I . Either party hereto may tenninate this contract without cause upon thirty (30) days 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. Unified command will be used on all responses into Sheridan . CITY OF SHERIDAN By: c--:----:-------- Mary L. Carte,, Mayor ATTEST: By: _________ _ Arlene Sagee , City Clerk APPROVED AS TO CONTENT : By: _________ _ Ron Carter, Fire Chief APPROVED AS TO FORM By : _________ _ CITY OF ENGLEWOOD By:---,,-,,-----,----- City of Englewood Olga Woloayn, Mayor ATTEST: By: _________ _ Loucrishia A. Ellis, City Clerk APPROVED AS TO CONTENT: By: _________ _ Chris Olson, Director of Safety Services Exhibit A -Sheridan Mutual Aid/ Automatic Aid Areas • • • COUNCIL COMMUNICATION Date : May 7, 2007 I Agenda Item: 11 a viii I Subject : Automatic/Mutual Aid Agre 1·m ent with Sheridan Fire Initiated By: I Staff Source: Department of Safety Services, Fire Division Michael Pattarozzl, D ivision Chief, Fire Divi si on COUNCIL GOAL AND PREVIOUS COUNCIL ACTION In 1990, Council approved an ordinance authorizing the implementation of an Automatic/Mutual Aid Agreement with the City of Sheridan. RECOMMENDED ACTION Staff recommends that Council adopt a Bill for an Ordinance approving the updated and re vised Automatic/Mutual Aid Agreement between the City of Englewood and the City of Sheridan. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The successful mitigation of emergency operations is dependent upon th e rapid deployment of adequate resources . Automatic/mutual ai d augments City resources by the coordi nated utilization of the resources of neighboring communities. This agreement is re ciprocal. FINANCIAL IMPACT None LIST OF ATTACHMENTS Map of the Automatic Aid Coverage with All Departments Propose d Bill for an Ordinance • Map of th e Automatic Aid cove rage with all de partments • ,~ •• ,. i. ·Mi I EiN (Q