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HomeMy WebLinkAboutResolution - 2002-R0070 - Interlocal Contract For Use Of Fire Training - City Of Wolforth - 02/28/2002Resolution No. 2002-R0070 February 28, 2002 Item No. 23 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Contract for Use of Fire Department Training Facilities between the City of Lubbock and the City of Wolforth, and any other related documents. Said Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 28th day of February 2002. r' INDY S O , MAYOR ATTEST: Rebec a. Garza, City Secretary APPROVED AS TO CONTENT: Fire Chief APPROVED AS TO FORM: Assistant City Attorney ep Cedoes/WolforthFireTraining.Res February 7, 2002 Resolution No. 2002-R0070 February 28, 2002 Item No. 23 Interlocal Contract For Use Of Fire Department Training Facilities STATE OF TEXAS COUNTY OF LUBBOCK THIS INTERLOCAL CONTRACT is entered into on this 28th day of February , 200 � (Effective Date), by and between the CITY OF LUBBOCK, TEXAS (hereinafter referred to as "LUBBOCK"), and the CITY OF WOLFFORTH, acting by and through its duly authorized officer or his designee, (hereafter referred to as "WOLFFORTH"). LUBBOCK and WOLFFORTH are hereinafter referred to collectively as the "Contracting Government Units". WITNESSETH: WHEREAS, this agreement is made under the authority granted by and pursuant to Chapter 791 of the Texas Government Code, as amended; and WHEREAS, the governing bodies of the above named Contracting Government Units find that this project or undertaking is necessary for the benefit of the public and that each party has the legal authority to provide the governmental function or service which is the subject matter of this Contract; futhermore, the governing bodies find that the performance of this Contract is in the common interest of both parties; and WHEREAS, the governing bodies of the Contracting Government Units, political subdivisions of the State of Texas, desire to secure for each such Contracting Government Unit the benefits of the fire department personnel training herein set forth in the protection of life and property within the corporate limits of the Contracting Government Units; and WHEREAS, the governing bodies of the above named Government Units, both being political subdivisions of the State of Texas, desire to enter into an agreement whereby the City of Lubbock, Texas will permit the City of Wolfforth, Texas, to utilize fire training facilities owned by the City of Lubbock, Texas, and WHEREAS, the governing bodies of the above named Contracting Government Units both acknowledge that the above listed use of fire training facilities are provided by the Lubbock City Fire Department and; NOW THEREFORE, FOR AND IN CONSIDERATION of the mutual undertaking hereinafter set forth and for adequate consideration given, the above named Contracting Government Units agree as follows: Interlocal Contract For Use Of Fire Department Training Facilities City of Lubbock/City of Wolfforth Page 1 of 7 I. DEFINITIONS A. The phases "Fire Training Facility" and "Fire Training Facilities" shall mean and refer to the Fire Department buildings, equipment and other property owned by the City of Lubbock, Texas and utilized for the training of Fire Department personnel by the Fire Department of the City of Lubbock, Texas. II. TERM This agreement shall become effective on its Effective Date. This agreement shall automatically be renewed each year unless cancelled as herein below provided. III. TERMINATION It is further agreed by and between the parties hereto that either party shall have the right to terminate this Contract for any reason without penalty upon thirty (30) days written notice to the other party of such intention to terminate. IV. PAYMENT FOR SERVICES Lubbock shall be reimbursed by the Wolfforth for costs incurred pursuant to this Contract as stated herein. Personnel who are assigned, designated or ordered by their governing body (or its designees who are responsible for organizing, coordinating, and directing the Contracting Government Units firefighting resources) to perform duties, pursuant to this Contract, shall receive the same compensation and rights for the performance of such duties, including injury or death benefits (including, but not limited to, benefits pursuant to Chapter 615 of the Texas Government Code, as amended, and Compensation benefits, as though the personnel training had been rendered within the boundaries of the Government Unit where he or she is regularly employed. Moreover, all wage and disability payments, except for those payments the Wolfforth is required to pay under the indemnity provisions and Interlocal Cooperation Act cited above, pension payments, damage to equipment and clothing, medical expenses, and expenses of travel, food and lodging shall be paid by the municipality in which the employee is regularly employed. The City of Wolfforth shall, from current revenues, reimburse the City of Lubbock for the salary expenses actually incurred by City of Lubbock personnel in training or providing any required or requested service or assistance to personnel employed by the City of Wolfforth; and, for any necessary repair or replacement costs of supplies and equipment contaminated or damaged in the provision of such training services. Interlocal Contract For Use Of Fire Department Training Facilities City of Lubbock/City of Wolfforth Page 2 of 7 V. CONTRACTING GOVERNMENTAL UNIT RESPONSIBILITIES The City of Lubbock will permit the use of fire training facilities and personnel of the Fire Department of the City of Lubbock by fire department personnel employed by the City of Wolfforth for the training of purpose of providing training of fire department personnel. All responses to request for such training services shall be subject to the following conditions: a. Any request for the use of fire training facilities and personnel hereunder shall include a description of the type of equipment and training services required. The amount and type of equipment and the number of personnel furnished shall be determined by the Fire Chief of the City of Lubbock or his designee. b. Officers of the City of Wolfforth will retain responsibility for commanding and coordinating personnel of the Fire Department of the City of Wolfforth but an officer of the Lubbock Fire Department shall, if present, have responsibility and authority for directing the use of fire training facilities and personnel and other training services provided and will retain the authority to remove City of Lubbock personnel from any situation or terminate and training that in his judgment poses an unreasonable danger. The equipment and personnel of the City of Lubbock shall be released by the City of Wolfforth when their services are no longer required or when the fire training facilities or personnel are required in the City of Lubbock. d. All equipment used by the City of Lubbock in carrying out this agreement will, at the time of actions hereunder, be owned by such City; and all personnel responding for the City of Lubbock under this agreement will, at the time of action hereunder, be employees of such City. VI. INDEMNIFICATION To the extent allowed by the laws and the Constitution of the State of Texas, the City of Wolfforth, Texas does hereby waive all claims, release, indemnify and hold harmless the City of Lubbock, Texas, its Fire Department, agents, and employees, in both their public and private capacities, from any and all liability, claims, suits, demands or causes of action which may arise as a direct result of the negligent use by agents and employees of the City of Wolfforth of the City of Lubbock facilities. It is the express intention of the parties hereto, both the City of Wolfforth and the City of Lubbock, that the indemnity provided for in this paragraph is not indemnity by the City Interlocal Contract For Use Of Fire Department Training Facilities City of Lubbock/City of Wolfforth Page 3 of 7 of Wolfforth to indemnify and protect the City of Lubbock from the consequences of the City of Lubbock's own negligence. VII. EQUIPMENT All equipment used by the City of Lubbock's Fire Department in carrying out this Contract will, at the time of action hereunder, be owned by it; and all personnel acting for the City of Lubbock's Fire Department will, at the time of such action, be an employee or volunteer member of that Fire Department for all purposes, including any claims for Workers' Compensation which may arise during the action. Any and all property damage will be governed by Paragraph VI. VIII. IMMUNITY It is expressly understood and agreed that, in the execution of this Contract, neither party waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. IX. RESOLUTION This agreement shall be executed by the duly authorized official(s) of the party as expressed in the approving resolution or order of the governing body of such party, a copy of which is attached hereto, and this agreement shall remain in effect until rescinded by resolution or order of such governing body and notice of that action is transmitted in writing to all other parties to this agreement. X. ENTIRE AGREEMENT This Contract embodies the complete agreement of the parties hereto superseding all oral or written previous and contemporary agreements between the parties relating to matters herein and, except as otherwise provided herein, cannot be modified without written agreement of the parties. XI. VENUE The parties to this Agreement agree and covenant that this Agreement will be enforceable in Lubbock County, Texas; and that if legal action is necessary to enforce this Agreement exclusive venue will lie in Lubbock County, Texas. Interlocal Contract For Use Of Fire Department Training Facilities City of Lubbock/City of Wolfforth Page 4 of 7 XII. REMEDIES No right or remedy granted herein or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without first obtaining consent of the parties in writing. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. XIII. SEVERABILITY If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this Contract are for any reason held to be invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this Contract shall remain in full force and effect and shall in no way be affected, impaired or invalidated. XIV. APPLICABLE LAW This Agreement is entered into subject to the City Charter and Ordinances of the City of Lubbockand ordinances of the City of Wolfforth as they regulate the operations of its fire department, as they may be amended from time to time and is subject to and is to be construed, governed and enforced under all applicable State of Texas and Federal law. Situs of this Agreement is agreed to be Lubbock County, Texas, for all purposes including performance and execution. XV. NON -WAIVER It is further agreed that one or more instances of forbearance by the parties hereto in the exercise of their rights herein, shall in no way constitute a waiver of any such rights. XVI. AUTHORITY This Contract is made for each respective fire department as a mutual aid agreement pursuant to Chapter 418 of the Texas Government Code (West 2001), as amended, and Chapter 791 of the Texas Government Code. Interlocal Contract For Use Of Fire Department Training Facilities City of Lubbock/City of Wolfforth Page 5 of 7 IN WITNESS WHEREOF, the parties enter into this Contract on the date first written above. CITY OF LUBB`OCK 41il' A WINDY 1TTON AYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Steve Hailey Fire Chief APPROVED AS TO FORM: M. Knight Assistant City Attorney CITY OF WOLFFORTH ` By: / SY V PRES ON, AYOR Name: /"i THE STATE OF TEXAS COUNTY OF LUBBOCK N CITY OF LUBBOCK, TEXAS § Acknowledgment BEFORE ME, a Notary Public in and for the State of Texas, on this day personally appeared Windy Sitton, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed same for and as the act and deed of the CITY OF LUBBOCK, TEXAS, as Mayor thereof, and for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of Zda 200-rg S• ,2 �u•`� SYLVIA H. REYES Notary Pubuc, State Df Texas J. My Commission Expires 04-23-02 THE STATE OF TEXAS COUNTY OF LUBBOCK '-&�` k. &14� Not4 Public In and For he State of Texas su Notary's Prin d Name 1) Wa My Commission Expires: COUNTY OF LUBBOCK, TEXAS Acknowledgment BEFORE ME, a Notary Public in and for the State of Texas, on this day personally appeared SYLVIA PRESTON, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that same was the act of said CITY OF WOLFFORTH, TEXAS, as the Mayor hereof, and for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 2,�5 day of N'o"tary Public In and For The State of Texas FRANKIE PITTMAN Notary's Printed Name * * Notary Public, State of Texas �rtor oy My Commission Expires 7.31-2005 7-3 My Commission Expires: JMK:cp Cityatt/John/interlocal-fire-training. con December 13, 2001 Interlocal Contract For Use Of Fire Department Training Facilities City of Lubbock/City of Wolfforth Page 7of7