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HomeMy WebLinkAboutResolution - 4873 - Agreement - Reese Air Force Base - Joint Civil Defense Exercises - 06_22_1995Resolution No. 4873 June 22, 1995 Item #11 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 Agreement and all related documents by and between the City of Lubbock and Reese Air Force Base, relating to joint civil defense exercises, which Agreement is attached hereto and which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST: Betty M.JohnsoiV, City Secretary APPROVED AS TO CONTENT: and Projects APPROVED AS TO FORM: JES js/AG-REESE.RES ccdocs/June 14, 1995 Resolution No. 4873 June 22, 1995 Item #11 MEMORANDUM AGREEMENT BETWEEN REESE AIR FORCE BASE, TEXAS AND THE CITY OF LUBBOCK, TEXAS REESE AIR FORCE BASE (hereinafter known as "Reese") and the CITY OF LUBBOCK, TEXAS (hereinafter known as "Lubbock") hereby enter into this agreement for the purpose of conducting joint civil defense exercises on Lubbock property for the mutual benefit of both Reese and Lubbock. A. LUBBOCK RESPONSIBILITIES Lubbock agrees: 1) To provide property and facilities of the City of Lubbock as may be designated by the City Manager. 2) To grant Reese personnel access to the designated facilities for a reasonable period of time, as shall be determined through the agreement of the City Manager or his representative and the Reese installation commander or his representative, for the purpose of exercise site preparation, exercise operations, and post -exercise cleanup and equipment removal; 3) To fully aid in the planning and execution of any exercise. 4) To hold harmless Reese and Reese personnel for any acts of simple negligence causing injury to Lubbock personnel or damaging Lubbock property occurring at any designated facilities or within the Lubbock city limits if done in the scope and course of employment and for the purpose of preparing for an exercise, executing an exercise or conducting post -exercise cleanup or equipment removal activities; and 5) To hold harmless and indemnify Reese for any acts of Reese or Reese personnel carried out at the direction of or under the control of Lubbock or Lubbock Personnel in preparing for an exercise, executing an exercise, or conducting post- exercise cleanup or equipment removal activities that injure a third person or damage property of a third person. B. REESE RESPONSIBILITIES Reese agrees: 1) To provide to Lubbock at least 24 hours in advance, if necessary, a list of authorized personnel or units requiring access to any exercise site during the 48 hours prior to any exercise date, and to keep that list as short as humanly possible. 2) To participate fully with Lubbock in the planning and execution of any exercise. 3) To provide all props, equipment, and personnel designated by Reese in any exercise plan to Lubbock or any official designated by Lubbock. 4) To vacate the premises of any exercise of all Reese personnel and equipment and return it to Lubbock within a reasonable period of time after any exercise in the same or nearly same condition as humanly possible; 5) To hold harmless Lubbock and Lubbock personnel for any acts of simple negligence causing injury to Reese personnel or damaging Reese property occurring at any designated facilities or within Lubbock city limits if done in the course and scope of employment and for the purpose of preparing for any exercise, executing any exercise, or in conducting post -exercise cleanup or equipment removal activities: and 6) To hold harmless and indemnify Lubbock for any acts of Lubbock or Lubbock personnel carried out at the direction of or under the control of Reese or Reese personnel in preparing for any exercise, executing any exercise, or in conducting post -exercise cleanup or equipment removal activities that injure a third person or damage the property of a third person C. MUTUAL RESPONSIBILITIES OF PARTIES The Parties mutually agree: 1) To timely notify each other, at least 24 hours in advance of the date of any exercise, if any routine matter should cause either of the parties to need to cancel or postpone the exercise or their participation in it; 2) To allow for either party to request amendment or alteration of any terms of this agreement if an emergency, Act of God, or force majeure that was beyond the knowledge and control of the party requesting alteration or amendment arises that requires such amendment or alteration. If the other party fails to respond within 72 hours of receipt of the request for amendment or alteration, that party will be presumed to have acquiesced to the alteration or amendment. The parties also mutually agree, that although the above notification may be made orally, that such notifications or requests will be reduced to a writing as soon as possible thereafter, to be no later than 24 hours after making the oral notification or request. MEMORANDUM OF AGREEMENT REESE AIR FORCE BASE ---- PAGE 2 D. DESIGNATED AGENTS OF THE PARTIES The parties designate the following individuals to be responsible for receiving and transmitting all necessary information, notifications, and requests to the other party: For Reese: Lt Col Michael Ross 64FTW/XP Reese AFB TX 79489 (806)885-6313 or his successor E. TERMINATION For Lubbock: Ken Olson Emergency Preparedness and Special Projects Coordinator 916 Texas Avenue (806)767-3052 or his successor This agreement made be terminated by either party upon thirty days written notice to the other party. Except as stated above, this constitutes the complete agreement of the parties Executed on this the 22nd day of ON B04ALF OF Commander, 64th Flying T JES Js/AG-REESE.DOC CityAtt/June 14, 1995 .Tune 1 QQi nn hPhnlf of tha nnrtiac hv- ATTEST: &tf,-- K a_;� Betty N1. Johnso City Secretary APPROVED S TO CONTENT: KeX Olson, Emergency Preparedness Coordinator APPROVED AS TO FORM: Jean �otts,r., rial rney MEMORANDUM OF AGREEMENT REESE AIR FORCE BASE ---- PAGE 3