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HomeMy WebLinkAboutResolution - 4065 - Agreement - Abernathy - Specialized Emergency Service - 01_14_1993Resolution No. 4065 January 14, 1993 Item #29 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 by and between the City of Lubbock, Texas, and the City of Wolfforth, Texas, for providing specialized emergency service, attached herewith, 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 ATTEST: thi 4th quo 1, Sally Sti Abbe, Acting City Secretary APPROVED AS TO CONTENT: Wel �m Don Stevens, Fire Chief APPROVED AS TO FORM: s Jr., Iria JES:da/AGENDA-DI /A-WOLFFH.res December 22, 1992 day of January , 1993. Resolution No.4065 STATE OF TEXAS § AGREEMENT COUNTY OF LUBBOCK § THIS AGREEMENT is made and entered into pursuant to the Interlocai Cooperation Act, V . T . C . A . Government Code, Chapter 791, by and between the City of Lubbock, Texas, and the City of Wolf forth , Texas. WITNESSETH: WHEREAS, the governing bodies of the above named cities, both being political subdivisions of the State of Texas, desire to enter into an agreement whereby the City of Lubbock, Texas will provide to the City of Wolfforth the services and assistance of the Lubbock Fire Department Hazardous Materials Response Team, SCUBA Dive Team, and Heavy Rescue Team; and WHEREAS, the governing bodies of the above named cities both acknowledge that the above listed services are provided by the Lubbock City Fire Department and are specialized emergency services; and WHEREAS, it is in the best interest of the citizens of both political subdivisions above named to cooperate with each other in the furnishing of such specialized emergency services; NOW THEREFORE: THE PARTIES HERETO DO AGREE AS FOLLOWS: 1. That the City of Lubbock will respond to requests from the Fire Chief, his designee, or higher ranking official of the City of Wolff orth for services and assistance of the Lubbock Fire Department by furnishing one or more of the following specialized services upon request: a. Hazardous Materials Response Team b. SCUBA Dive Team C. Heavy Rescue Team All responses to request for such specialized services shall be subject to the following conditions: a. Any request for aid or assistance hereunder shall include a description of the emergency situation and the type of equipment or services required, and shall specify the location to which the responding units are to be dispatched. Units will be dispatched only to emergencies which are within the corporate limits of the City of Wolfforth 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 the overall emergency incident, but an officer of the Lubbock Fire Department shall have responsibility and authority for directing the services provided by the City of Lubbock, requesting additional support services from the City of Lubbock, if required, and will retain the authority to remove City of Lubbock personnel from any situation that in his judgment poses an unreasonable danger. C. The equipment and personnel of the City of Lubbock shall be released by the requesting City when their services are no longer required or when the responding units are required in the City of Lubbock. d. That the requested specialized service is available for response at the time of the request. 2. That the City of Wolfforth shall, from current revenues, reimburse the City of Lubbock for the salary expenses of responding personnel from the time of response to time of return to their station of assignment; and, for any necessary repair or replacement costs of supplies and equipment contaminated or damaged in the provision of such services. Further, the City of Wolfforth shall, from current revenues, reimburse the City of Lubbock according to the following schedule to assist with training expenses and costs associated with the potential for injuries to response team personnel. (1) Hazardous Materials Response Team: $2,000 per response (2) SCUBA Dive Team: $1,500 per response (3) Heavy Rescue Team: $1,500 per response 3. Either party to this agreement shall have the right to terminate this agreement upon thirty (30) days written notice to the other party. K 4. Each party to this agreement hereby waives all claims against the other party for compensation for any personal injury or death to their employees occurring as a consequence of the performance of this agreement. 5. Any civil liability related to the furnishing of services under this agreement is the responsibility of the party which would be responsible for furnishing the services absent this agreement. 6. 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. 7. Services furnished by the City of Lubbock under this agreement shall be deemed furnished to the requesting governmental body upon dispatch by the City of Lubbock of any of the units above listed. 8. This agreement shall become effective on the day of 19 9. This agreement shall z newed each year unless cancelled as hereinabove provided 10. The purpose of this a4 vide specialized emergency services upon request to the citiz( Wolff orth and to provide fair compensation to thi for providing such services. 11. Nothing in this agreerr, Wolff orth from request agreement from a private source w the City of )ntemplated by this are available. 12. This agreement contains the entire agreement of the parties hereto and is not to be construed as including fire suppression or fire prevention services. 13. This agreement shall be construed under the laws of the State of Texas. KI Executed this 14th day of ATTEST: Ranette yd, City Secretary APPROVED AS TO CONTENT: Don Stevens, Fire Chief APPROVED AS TO FORM: hn C. Ross, Jr., City Attorney ATTEST: Z" ( City Secretary JCR : da/ I NST-D8/A-FIRE. doc August 5, 1992 1993. CITY OF Wolfforth , TEXAS (mayor) 4