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HomeMy WebLinkAbout1996 Ordinance No. 003• uRDINANCE N0.--.2. SERIES OF 1996 BY AUTHORITY COUNCIL BILL NO . 1 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE APPROVING AN AGREEMENT WITH THE CITY OF LITTLETON PROVIDING FOR MUTUAIJAIJTOMATIC AID FOR FIRE PROTECTION . WHEREAS, Englewood is a home rule municipal corporation organized and existing pursuant to Article XX of the Colorado Con,titution, its Charter and its Ordinances; and WHEREAS, Englewood's territorial jurisdiction, ia in general, the legal boundary of the City of Englewood, Colorado; and WHEREAS, Littleton is a home rule municipal corporation providing fire aervice within the legal boundary of the City of Littleton and the legal boundary of the Littleton Fin, Protection District (referred to as the "territory or aervice area of Littleto n") pursuant to an intergovernmental agreement with said Diatrict for fire services ; and \\'HEREAS, each of the parties hereto maintain emergency equipment; and WHEREAS, emer,encies may arise in one or the other of the jurisdictions resulting in greater demands than that 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 in the interest of each of the parties that they may have ser,;ce from the other party to aid and assist them for the purpose of fighting fires or respo'=lding to other emergencies; NOW, THEREFOIIB , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , U)LORADO . AS FOLLOWS : ~. The intergovernmental agreement with respect to an agreement between the City of Littleton, Col or ado and the City of Englewood, Colorado fo r mutuaUautom atic aid for fire protection for both entities, attached hereto as "Exhibit A," is hereby accepted and approved by the Englewood City Council. ~-The Mayor is authorized to execute and the City Clerk to attest and seal the Agreement for and on behalf of the City of Englewood, Colorado. Introdu ced, r ead in full , and passed on first r ea ding on th e 15th da y of January, 1996 . -1- Publiahed u a Bill for an Ordinance on the 18th day of January, 1996. Read by ti Uc and passed on final reading on the 5th day of February, 1996. PubU.hed 'oy tit!, u Ordinanca No.-.1, Series of 1996, on the 8th day of February, 19!16 . Lt1r1t. Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify ibat the above and foregoir,g is o troe copy qf the Ordinance passed on final ., ... "" ~S>,SM S, '"' " Orn-• No ,i S.O~ 2r . . t!. t'ttc, • ~ • -2- • • AUTOMATIC AID AND MUTUAL AID AGREEMENT THIS AGREEMENT is made by and between the CITY OF ENGLEWOOD, COLORADO, hereinafter c:alled 'Englewood,• and the CITY OF LITI'LETON, COLORADO, hereinafter c:alled "Littleton.• WITNESSETH TBA T: WHEREAS , Englewood is a municipal corporation, and its territorial jurisdiction generally is the legal boundaries of the City of Englewood, Colorado; and WHEREAS, Littleton is a municipal corporation providing &re service within the legal boundaries of the City of Littleton and the legal boundaries of the Littleton Fll'e Protection Dist1ict (collectively referred to u the "territory or service area of Littleton') pursuant to an intergovernmental agreement with said District for fire services; 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 panics resulting in greater demands than the pcrsoMcl and equipment of that 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, WHERE.AS , it is in the intcnst of each of the panics that they may have service of and &om the other party to aid and assist them for the purpose of fighting &res or responding to other emergencies. i'IOW THEREFORE , in consideration of the promises hereafter set forth, it is mutua 11y agreed by and between the panics : L MUTUAL AID A. En glewood shall in the event there arc fires or other emergencies in the territory or service area of Littleton which arc beyond the control of Littleton, whether because of the use of its equipment at other places or because of the intensity of the emergency , or otherwise, subject to the limitations hereinafter set forth, aid and assist Littleton by causing and pcnnitting its fire department and its equipment to be used in responding to emergencies in the territory and service area of Littleton . The need for sud, aid and assistance shall be determined by Littleton . Notwithstanding anything herein to the contrary , Englewood shall be excuse d from making its equipment and services available to Littleton in the event of the need for such equipment and/or personnel v.ithin the territory and service area of Englewood or their prior use at an y other place , which decision of availability shall be made by Englewood , and which decision shall be conclusive . Automatic/Mutual Aid Page 2 B. Littleton shall, in the event there are fires or ,,ther emergencies in the territory or service area of Englewood which are beyond the co~trol of Englewood, whether because of the use of its equipment at other places or because of the intensity. of the emergency, or otherwise, subject to the limitations hereinafter set fonh, aid and assist Englewood by causing and pennitting its fire department and equipment to be used in responding to emergencies in the territory and service area of Englewood . The need for such aid and assi stance shall be determined by Englewood . Notwithstanding anything herein to the contrary, Littleton shall be excused from making its equipment and services available to Englewood in the event ofth-. need of such equipment and/or personnel within the territory and service area of Littleton, or their prior use at any other place, which decision of availability shall be made by Littleton, and which decision 1:WI be conclusive . C. 1be scrviccs to be rendered by one party to the other are of equal value, and there shall be no charges made by either pany for the services rendered to the other party, except in the event of equipment damage by reason of the action of the employees of the other party . lfthe employee is determined to be at fault or negligent, the pany employing that employee shall be liable for the loss . D Each party shall maintain its equipment and organize its emergency response • procedwes with both personnel and equipment to the degree neccssal)' to cope with the ordinary and routine emergencies arising within its boundaries and for which the party is organized . Neither party shall be expected to respond to emergency calls when the emergency ari<es due to a failure to organize available personnel or maintain equipment in proper working order and in sufficient quantity to mee t the re specti ve demands of the persons and µropeny within each of the pany's respective territory and service areas . Il . AUTOMATIC AID-ENGINE .tlESPONSE ONLY : A. It is und=ood that an Englewood Fire Division engine unii ,.;n respond into Liul eto n's ser.ice area as part of the initial response through automatic dispatching by dispatch personnel in to the below-defined area . DEFINED AREA -LITTLETON : See Exhibit "A." In the event that the app ro pri ate Engl ewood fire units are previ ously commiued :~ other incident s, Englewo od will immediately notify Lit tleton 's dispatch center of the inability to respond so that Liulet on may call in alte rna tive units . B It is understood and agre ed that a Littleton Fire Department eng,,,e unit will respond into En glewood's service area as part of the initial response thro ugh automatic di spa tchi ng ~ by d:spatch pers onnel in to t~e below-defined area . W Automatic/Mutual Aid • P1g13 • • DEFINF.D AREA -ENGLEWOOD : See Exlu"bit 'A.' In the CYCl1l that the appropriate Littleton uniu are prcvicusly committed to other incidents, Littleton will immediately notify Englewood's dispatch center of the inability to respond so that Englewood may call in alternative uniu . m. AUTOMATIC AID· RESCIJE RES:?ONSE ONLY: A. It is undenlood wl agrti:d that the Englewood Fire Divisior will respond an engine company &om Station #23 (Acoma) into a defined area within Littleton through automatic dispatching by Littleton dispatch persoMel. DEFINED AREA • LITTLETON: See Exhibit "B .' Automatic aid response into Littleton will consisi. of an engine company, unless this unit is previously committed to anoth:r incident and cannot resoond . In this instanc~. E.,glewood will immediately not ify Littl eton 's dispatch center of the ~-.abili.:y to respond so that Little.on may call in alternative units . It is understood and agreed that Littleton will continue to respond their normal Adva.,ced Life Suppon unit and private transpon ambulance, if needed, to rescue calls in the defined automatic aid respon se area . B. It is understood and agreed that die Littleton Fire Department will respond an engine company Iron; Littleton Station # 1 1 into a defined area within Englewood through automat ic dispatc hing by cngl ,:w ood dispatch persoMel. DEFINED ARE.\ -ENGLEWOOD: See Exhibit "B." Automatic aid response into Englewood will consist of an engine company, unless this unit is pre viou sly committed to another incident . In this instance, Littleton dispatchers will immediately noti fy the Englewood dispat ch center of the inabili ty to respond, so that Englewood may call in alternative units . It is understood and agreed that Englewood will co ntinue to respond its normal Advanced Life Suppon unit , or private ambulan ce, as need ed It is also understood and agreed that Lit tleton will not be expcctetl to provide transponation services . AutcmatlcJMutual Aid Page.C IV. SUPERSEDING EFFECT or THIS AGREEMENT This agreement shall supersede any prior agreements betwfCll the parties hereto . V. OTHER PROVISIONS A. In conformance with Anicle X. Section 20, of the Constitution of the State of Colorado, this contract shaD be valid from the date of its execution until December 31, 1996, and shall be llltomatically renewed at the end of each calendar year thereafter, unless either party gives written notice to the other of its intent not to raiew at least thirty (30) days prior to December ; I st of any calendar year. In addition, either party hemo may terminate this contnct without cause upon thirty (30) days prior written notice to the other party. B. The respect~ directors listed below may establish procedures and protocols for the canying out of this Agreement ; however, 110 such procedure or protocol shall be contrary to the terms of this Agreement. • • Automallc/t,Uual Aid Page5 IN WinlISS ~F, the panics hereto have executed this Acreement this _____ iayof ____ ',~. CITY OF Ll'ITLETON By : ________ _ Dennis Reynolds, President Littl eion C ity Coun.:il ATTEST: By : _______ _ Janice L. Owen City Clerk APPROVED AS TO CONTENT: By : ________ _ Mike Doyle Fire Chief APPROVED AS TO FORM: By: ___ · .. -·-· •.. i>..rry Segal Assistant City Attorney ENGLEWOOD FIRE DIVISION By : _______ _ Tom Bums, Mayor G1 of Englewood By : _______ _ Lou Ellis City Clerk APPROVD> AS TO CO~: By: _______ _ Allen F. Slanlcy Director of Safety Services APPROVED AS TO FORM: By : _______ _ Dan Brotzman City AIIOmcy .., >< ;;; ::c :; ;; VO .... .... ~ ,-.., C .... ~ n §ii 0 :,:, > :,:, ~ 8 lil :,:, :;; VO ..... n ~ 0 ~GWIOO D/LITTLETDN AUTOMATIC AID BOUNDARl~S AND CORRIDORS ••-••Automatic Aid Corri do r Englewood/Littleton Ci ty Bound ar1 e,111111""""' --•Litt leton Station fl/Sta tion 12 Response Division Iii) -Shaded areas de i me di ca l r esponse are.is • COUNCIL COMMUNICATION Date Agenda Item January 15. 1996 10 a INITlA T ED BY F ire D•v•sion of Safety Services Subject Renewal of Automat ic Aid Agreemen t STAFF SOURCE Al Stanley . D irector Kieth Lockwood , Divi sion Ch ief COUNCIL GOAL ANO PREVIOUS COUNCIL ACTION Council has ren ewed thi s agree ment on an annual basis since 1981 in order to provide rec,orocal emerg ency response to emergency incidents that occur in designated corridors oi both citie s. RECOMMENDED ACTION Staff ,s seeking council's approval of ordinance that provides continuance of the automati c aid agreement between the cItIes of Eng lewood and Littleton. • BACKGROUND, ANALYSIS , AND ALTERNATIVES IDENTIFIED • This ,s a recip roca l agreement whereby . emergency equ ipment and perso nnel from both citie s automatica ll y respond to emergency 1nc1dents th at occur is designated corridors along the 1unso1ctIon al boundanes of Eng lewood and Litt leton . This agreem ent has bee n In use since 198 1. FINANCIAL IMPACT Noe LIST OF ATTACHMENTS