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HomeMy WebLinkAboutResolution - 5857 - Fire Protection Agreement - TDOCJ - Montford Unit - 05_14_1998RESOLUTION NO:5857 Item #35 May 14, 1998 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 a Fire Protection Agreement and any associated documents, between the City of Lubbock and Texas Department of Criminal Justice, attached hereto, 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 14th day of May , 1998. 1-0 Aj WNDY SITTON, MAYOR TEST: /Wwill J "k a Darnell, City Secretary APPROVED AS TO CONTENT: Steve Raley, Fire Chief APPROVED AS TO I Assisfant DGB:gslccdocs(TX Dept Crim Jus-Fire.res April 22, 1998 d RESOLUTION NO. 5857 Item #35 May 14, 1998 FIRE PROTECTION AGREEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § THIS AGREEMENT is made and entered into pursuant to the Interlocal Cooperation Act, Chapter 791, Government Code, between the TEXAS DEPARTMENT OF CRIMINAL JUSTICE, acting by and through its duly authorized official (hereinafter called "TDCJ"), and the CITY OF LUBBOCK, TEXAS, acting by and through its duly authorized Mayor (hereinafter called "CITY"). WITNESSETH: WHEREAS, the TDCJ has determined that a need exists for fire protection to be provided to protect the property and lives at the John T. Montford Unit (hereinafter called the "MONTFORD UNIT"), at its location outside the city limits of the CITY, due to the potential for costly fires and danger to lives; and WHEREAS, the City and the TDCJ desire to enter into an agreement whereby the CITY will provide fire protection service to the TDCJ; and WHEREAS, TDCJ has agreed to reimburse the CITY for costs incurred in providing needed fire protection service through the provision of in -kind services pursuant to the terms and conditions of this agreement. NOW THEREFORE, the parties hereto agree as follows: 1. The CITY agrees to respond to requests from any authorized official or employee of TDCJ for firefighting services of the Lubbock Fire Department at the MONTFORD UNIT in Lubbock County, Texas. Units will be dispatched only to emergencies which are within the boundaries of the MONTFORD UNIT property, or to emergencies where there is a danger of fire or explosion endangering the MONTFORD UNIT property. 2. The TDCJ hereby agrees and obligates itself to compensate the City through the provision of in -kind services for pre -fire planning and training activities for the MONTFORD UNIT and for emergency response to the MONTFORD UNIT. The form and extent of in -kind services to be provided by TDCJ to the City shall be negotiated on a project -by -project basis by the Warden of the MONTFORD UNIT and the City Manager of the City, or his or her designee, respectively. Even though it is not contemplated that payments will be made by either party pursuant to this Agreement, if any such payments are made, such payments shall be made from current revenues available to the paying party as provided by Section 791.011 of the Government Code. Prepared by the City Attomey's Office Date: __. _._.______._�_.�_�_�.�_��-�.«-...�...�-.��-��..�.r-.or�..-.-a-r...va.-.+.sr acv aw rs�.ww�.aL.�sra..aww.�..'�nxatiti�.'ossnR�JCY•Tr): Y. �• 3. This Agreement shall become effective on the 14th day of May , 19 98, and shall automatically be renewed each year unless canceled as herein provided. Either party to this Agreement shall have the right to terminate this Agreement upon sixty (60) days written notice to the other party. 4. Any request for response hereunder shall include a description of the emergency situation and shall specify, as clearly as possible, the location of the emergency within the MONTFORD UNIT. 5. Normal response to fires or explosions within structures will be three engine companies, one ladder truck company. Normal response to fires away from structures such as vehicle or grass fires will be one engine. 6. It is understood and agreed that in the event an emergency condition exists within the CITY requiring a major commitment of Lubbock Fire Department resources, the Fire Chief of the CITY or phis designee shall alone determine the advisability of sending fire fighting equipment and the judgment of the Fire Chief or his designee shall be final; and the CITY, its agents, officers, and employees shall be held harmless by TDCJ for any losses or damages to TDCJ that may occur during the existence of such emergency condition in the City. 7. An on -scene officer of the Lubbock Fire Department shall have responsibility and authority for directing the services provided by the CITY, requesting additional support services from the CITY, if required, and will retain the authority to remove CITY personnel from any situation that in his judgment poses an unreasonable danger. 8. The equipment and personnel of the CITY shall be released by the requesting party when their , services are no longer required or when the responding units are required in the CITY. 9. 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. 10. 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, as provided by Section 791.006 of the Government Code. 11. All equipment used by the CITY in carrying out this Agreement will, at the time of actions hereunder, be owned by the CITY; and all personnel responding for the CITY under this Agreement will, at the time of action hereunder, be employees of the CITY. 12. Services furnished by the CITY under this Agreement shall be deemed furnished upon dispatch of the units by the CITY. FIRE PROTECTION AGREEMENT TEXAS DEPARTMLN-I' OF CRIMINAL JUSTICE - Pape 2 ��....».u......�a.��-u—s.�nr-a—s'.r_,.-ax....:...u:..:..:r:c:r. \Y..�., ....ri /x:_.,J.. �•:;'�'jv.�.�i•J Rl_'e. wJ"...t.iv.•1s�- s. xaw »1-.. r. !:Y'.i9�s`✓`ys`+.t''^-'��'r 13. The purpose of this Agreement is to provide firefighting services upon request to the MONTFORD UNIT and to provide fair compensation to the CITY for providing such services. 14. Nothing in this Agreement shall prohibit the TDCJ or MONTFORD UNIT from requesting the services contemplated by this Agreement from another source when such services are available. 15. This Agreement contains the entire agreement of the parties hereto. 16. This Agreement shall be construed under the laws of the State of Texas. Executed this 14th day of Maw , 1998. TEXAS DEPARTMENT OF CRIMINAL JUSTICE Director of Financial Services ATTEST: Secretary Darnell, City Secretary VED AS TO CONTENT: Steve Hailey, Fire Chie L� APPROVED AS TO F 1 -7 A "�-trz'; G. Vandiver, First Assistant City Attorney da/d&on/mutaid5.doc April 22, 1998 • :: • j• •MAYOR FIRE PROTECTION AGREEMENT TEXAS DEPARTMENT OF CRIMINAL JUSTICE - Page 3 RESOLUTION NO. 5857 Item #35 May 14, 1998 FIRE PROTECTION AGREEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § THIS AGREEMENT is made and entered into pursuant to the Interlocal Cooperation Act, Chapter 791, Government Code, between the TEXAS DEPARTMENT OF CRIMINAL JUSTICE, acting by and through its duly authorized official (hereinafter called "TDCT'), and the CITY OF LUBBOCK, TEXAS, acting by and through its duly authorized Mayor (hereinafter called "CITY"). WITNESSETH: WHEREAS, the TDCJ has determined that a need exists for fire protection to be provided to protect the property and lives at the John T. Montford Unit (hereinafter called the "MONTFORD UNIT"), at its location outside the city limits of the CITY, due to the potential for costly fires and danger to lives; and WHEREAS, the City and the TDCJ desire to enter into an agreement whereby the CITY will provide fire protection service to the TDCJ; and WHEREAS, TDCJ has agreed to reimburse the CITY for costs incurred in providing needed fire protection service through the provision of in -kind services pursuant to the terms and conditions of this agreement. NOW THEREFORE, the parties hereto agree as follows: 1. The CITY agrees to respond to requests from any authorized official or employee of TDCJ for firefighting services of the Lubbock Fire Department at the MONTFORD UNIT in Lubbock County, Texas. Units will be dispatched only to emergencies which are within the boundaries of the MONTFORD UNIT property, or to emergencies where there is a danger of fire or explosion endangering the MONTFORD UNIT property. 2. The TDCJ hereby agrees and obligates itself to compensate the City through the provision of in -kind services for pre -fire planning and training activities for the MONTFORD UNIT and for emergency response to the MONTFORD UNIT. The form and extent of in -kind services to be provided by TDCJ to the City shall be negotiated on a project -by -project basis by the Warden of the MONTFORD UNIT and the City Manager of the City, or his or her designee, respectively. Even though it is not contemplated that payments will be made by either party pursuant to this Agreement, if any such payments are made, such payments shall be made from current revenues available to the paying party as provided by Section 791.011 of the Government Code. Prepared by the City Attorney's Office Date: 3. This Agreement shall become effective on the 14th day of May , 19 98, and shall automatically be renewed each year unless canceled as herein provided. Either party to this Agreement shall have the right to terminate this Agreement upon sixty (60) days written notice to the other party. 4. Any request for response hereunder shall include a description of the emergency situation and shall specify, as clearly as possible, the location of the emergency within the MONTFORD UNIT. 5. Normal response to fires or explosions within structures will be three engine companies, one ladder truck company. Normal response to fires away from structures such as vehicle or grass fires will be one engine. 6. It is understood and agreed that in the event an emergency condition exists within the CITY requiring a major commitment of Lubbock Fire Department resources, the Fire Chief of the CITY or his designee shall alone determine the advisability of sending fire fighting equipment and the judgment of the Fire Chief or his designee shall be final; and the CITY, its agents, officers, and employees shall be held harmless by TDCJ for any losses or damages to TDCJ that may occur during the existence of such emergency condition in the City. 7. An on -scene officer of the Lubbock Fire Department shall have responsibility and authority for directing the services provided by the CITY, requesting additional support services from the CITY, if required, and will retain the authority to remove CITY personnel from any situation that in his judgment poses an unreasonable danger. 8. The equipment and personnel of the CITY shall be released by the requesting party when their services are no longer required or when the responding units are required in the CITY. 9. 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. 10. 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, as provided by Section 791.006 of the Government Code. 11. All equipment used by the CITY in carrying out this Agreement will, at the time of actions hereunder, be owned by the CITY; and all personnel responding for the CITY under this Agreement will, at the time of action hereunder, be employees of the CITY. 12. Services furnished by the CITY under this Agreement shall be deemed furnished upon dispatch of the units by the CITY. FIRE PROTECTION AGREEMENT TEXAS DEPARTMENT OF CRIMINAL JUSTICE - Page 2 13. The purpose of this Agreement is to provide firefighting services upon request to the MONTFORD UNIT and to provide fair compensation to the CITY for providing such services. 14. Nothing in this Agreement shall prohibit the TDCJ or MONTFORD UNIT from requesting the services contemplated by this Agreement from another source when such services are available. 15. This Agreement contains the entire agreement of the parties hereto. 16. This Agreement shall be construed under the laws of the State of Texas. Executed this 14th day of May , 1998. TEXAS DEPARTMENT OF CRIMINAL JUST E Director of Financial Services T: Darnell, City Secretary AFk TO CONTENT: Steve Hailey, Fire APPROVED AS TO F G. Vandiver, First Assistant City Attorney dalddcoolmutaidMoc April 22, 1998 Y•kyj nytel' FIRE PROTECTION AGREEMENT TEXAS DEPARTMENT OF CRIMINAL JUSTICE - Page 3