HomeMy WebLinkAboutResolution - 072271F - Explosive Ordinance Disposal - U.S. Army - 07_22_19716?�'L 7/ r�
RESOLUTION
WHEREAS, the City Council, mindful of a possible need for prompt, skillful
disposal of explosives, chemicals and similar dangerous articles has conferred
with the United States Army and requested their expert assistance, and
WHEREAS, the United States Army has offered to assist in such explosive
disposal upon the execution of a release and reimbursement agreement, NOW
THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Chief of Police, Acting Chief of Police, Fire Chief, Acting Fire
Chief, City Manager or City Attorney BE and are hereby authorized, acting indivic
ually on emergency, to request the assistance of the United States Army for explo•
sive Ordnance disposal and the official making such request is hereby authorized ti
execute a release and reimbursement agreement between the City of Lubbock and
the unit of the United States Army responding to the request for explosive Ordnanc
disposal. A form of the agreement is required to be executed each time a United
States Army unit responds to the Cityrs request. A copy of such release and
reimbursement agreement is attached herewith which shall be spread upon the
minutes of the Council and as spread upon the minutes of this Council shall consti-
tute and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 22nd day of j„ly Z/1 1971.
J+I: GRANBERRY,
ATTEST:
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Lavenla Lowe, CitySecretary-Treasurer
APPROVED AS TO FORM:
Fred O. Senter, Jr., City
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19 blarch 1971 C 6, AR 75•-15
*APPENDIX A
EXPLOSIVE OIRDNANC9 DISPOSAL
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CIVIL SUPPORT RELEASE AND REEMBUR•SEMENT AGREEMENT'
+ .
AGREENIE-N.-T BETIYEE
(EOD unit/command)
_
AND
(requesting agency or civil luthorlt}
In the event that the United States, through the United -States Army, begins
explosive ordnance disposal (hereinafter referred to as "EOD") procedures
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upon located at in
(tyre of device) (street or location) (city and state)
then, in consideration therefor, and in recognition of the peculiar hazards
'. involved in the disposal of nonmilitary commercial -type explosives, chemicals,
t
and similar dangerous articles, (herein -
(requesting agency or civil authority)
after referred to as "requestor"), agrees :
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1. To reimburse the Department of the Army for the costs involved in
furnishing all requested EOD services. Such costs may include personal services
of civilian employees, travel and per diem expenses for military and civilian
personnel, and other expenses to include transportation and supplies, material,
-•�
and equipment with prescribed accessorial charges; costs of consumed supplies,
material, and equipment and such supplies, material, and eguipwnt u•hicli is
damaged beyond economical repair; and costs of repairing or reconditioning
nonconsumable items not damaged beyond economical repair. (This paragraph
is inapplicable and the requestor does not naree to its provisions in instances
when EOD nssistance is requested for improvised explosive devices (homemade
bombs and arson devices) or explosives which are abandoned or for which
responsibility cannot be determined within a reasonable time.)
2. To consider all military and civilian personnel of the Department of
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the Army involved in furnishing requested EOD services as its own agents
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or servants.
•3. To hold the united States and the Department of the Army and all
military and civilian personnel of the Department of the Army harmless for
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any consequences of services rendered pursuant to this agreement without re, rd
to whether the services are performed properly or negligelitly. (This paragraph
is inapplicable if requestor is the United States Government or one of its
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instrumentalities.)
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