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HomeMy WebLinkAboutResolution - 2006-R0169 - Contract - Phoenix Fire Department - Fire Training Facility - 04_13_2006Resolution No. 2006-RO169 April 13, 2006 Item No. 5.18 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 Contract for the Phoenix Fire Department to utilize the Lubbock Fire Department Airport Rescue Fire Fighter Training Facility, for fire protection duties as required for annual "hot drill". 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 City Council. Passed by the City Council this 13th ATTEST: Rebecca Garza City Secretary APPROVED AS TO CONTENT: Steve Hailey Fire Chief APPROVED AS TO FORM: 1ohn Knight" Assistant City Attorney gs/ccdocs/res-Contract-Phoenix Fire Dept.res 03.24.06 day of April , 2006. MA.Rc'lac6ouGAL, MAYOR CONTRACT NO. Resolution No. 2006-RO169 April 13, 2006 = - - 6 8 2 4 Item No. 5.18 ' CONTRACT FOR USE OF FIRE DEPARTMENT TRAINING FACILITIES This Agreement is made this 13th day of April 2006, by and between the City of Lubbock ("CITY'), and the City of Phoenix, Arizona ("PHOENIX"), on the following terms and conditions. I. RECITALS CITY is the owner of the following described real property (Property): The buildings, land on which the building is situated, control tower, burn pits and fixtures, including furniture, furnishings, and any and all equipment on the premises, and all else known as the Lubbock Fire Department Airport Rescue Fire Fighter ("ARFF") Training Facility, located at Lubbock Preston Smith International Airport, located at 5400 N. MLK. Blvd., Lubbock County, Texas. PHOENIX in partnership with CITY desires to exercise certain privileges upon the Property. It is mutually agreed by and between CITY and PHOENIX as follows: II. LICENSE PHOENIX, in cooperation with CITY, shall have the right to use the property to train its employees in recurrent ARFF fire fighting training to fulfill the requirements set forth by the Federal Aviation Administration per CFR-139. III. TERM The term of this Agreement shall be effective on and during May 1, 2006 through May 26, 2006. Thereafter, any extension of this agreement must be approved by all parties aforementioned. 0 IV. CONSIDERATION In consideration for this agreement, CITY shall provide and or make arrangements to provide the following: 1. Classrooms (including audio-visual equipment) 2. Instructors 3. Burn Facilities (including fire fighting equipment, fuel, and water). 4. Transportation of students from the ARFF facilities to the airport terminal at the completion of daily training. 5. Lunch and refreshments for all students and instructors. 6. EMS Advanced life support standby. 7. Safety officer/officers. 8. Certificates. In consideration of this agreement PHOENIX shall provide and or make arrangements to provide the following: I. Bunker gear inspections for all personnel involved in training, prior to training, meeting NFPA standards. 2. Supervisor and safety officer. 3. Travel to and from the airport to the hotel/motel to the ARFF training facility, for all personnel required to attend. Also in consideration of this agreement CITY and PHOENIX have agreed to the following: 1. The cost per student to attend the training will be $288.00 per student (based on a maximum of 8 hours per student) 2 NOT: 2. PHOENIX will reimburse CITY for EMS standby charges of $50.00 per hour (time allotted to be agreed upon by CITY and PHOENIX). 3. All training will be conducted in accordance with an Incident Action Plan that will be updated daily to reflect the schedule for that day. Unforeseen circumstances may constitute a re-evaluation of planned activities. 4. All live fire training will be conducted in compliance with the following NFPA standards pertaining to live fire training. 1003- Airport Fire fighter professional qualifications 1403- Exterior class B fires, live fire training evolutions 1142-Water supply for suburban and rural fire fighting 1500- Fire fighter safety V. LIMITATIONS ON USE AND OCCUPATION OF PROPERTY CITY and PHOENIX, its students, faculty, agents, representatives, and personnel shall 1. drink alcoholic beverages; 2. smoke; 3. use, possess, sell or dispense any illegal drugs or medicines; 4. engage in disorderly conduct; 5. use the Property in a way other than is reasonably necessary for conducting the basic ARFF academy training exercises; 6. allow anyone not in the academy, such as family members or friends of training participants, to come onto the Property, without prior approval of the parties hereto; 7. commit or permit any act or acts in or on the Property or in any manner that will create liability or that will cause a cancellation of any insurance policy covering 3 the Property, CITY, PHOENIX, students, faculty, agents, representatives, or personnel; 8. keep, leave, store or use personal property or permit any such product or article to be kept, held, stored, used, or sold in or on the Property; 9. commit any waste on the Property; 10. maintain, commit, or permit the maintenance or commission of any nuisance on the Property; 11. use the Property for any unlawful purpose; 12. permit anything to be done in or about the Property that will in any way conflict with any law, ordinance, rule, or regulation, affecting the occupancy and use of the Property, that has been or may be enacted or promulgated by any public authority; 13. . commit, or cause to be committed, any waste on the Property; 14. obstruct or interfere with the rights of CITY, PHOENIX, employees, or injure or annoy them; or 15. allow the premises to be used for any improper, immoral, unlawful, or objectionable purpose. Any prohibited action taken is an automatic breach of this agreement justifying immediate termination by either party. VI. NOTICE A. General. Whenever notice from PHOENIX to CITY, or CITY to PHOENIX is required or permitted by this agreement and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand, (2) facsimile, or other reasonable means (in which case such notice shall be effective upon delivery), or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. B. Phoenix Fire Department Address: The address and numbers for the purposes of notice are: Phoenix Fire Department Sky Harbor Fire District Attn: Elizabeth Delgado Fire Captain/Training Officer 3547 E. Sky Harbor Blvd. Phoenix, AZ 85034 (602)534-4262 C. LFD Address. The address and numbers for the purposes of notice are: City of Lubbock Fire Department Attn: Kelly S. Morman ARFF Training Coordinator kmorman@mylubbock.us 1515 E. Ursuline Lubbock, Texas 79403 (806) 767-3021 Fax (806)767-3031 D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party, referring specifically to this Agreement, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. 5 VII. NONASSIGNABLE This agreement is personal to CITY and PHOENIX. It is not assignable and any attempt to assign this contract will terminate the contract. VIII. TERMINATION If either party wishes to terminate this Agreement, it is understood that written notice shall be given to the other party at least thirty (30) days prior to the start of the academy, unless otherwise stated herein. IX. MUTUAL DUTIES CITY and PHOENIX will jointly resolve any matter wherein the CITY desires to summarily exclude from the Property any person who is deemed undesirable or is deemed dangerous or disruptive to CITY employees or property. The provisions of this section notwithstanding, in all other matters which are the subject of this agreement, the parties hereby expressly state that it is their intent that each party shall maintain separate and distinct control over its duties under this agreement. 1. DEFAULT AND TERMINATION Should CITY's or PHOENIX's respective agents or representatives default in the performance of any provision of this Agreement, and not correct the default within ten (10) days after default, the nondefaulting party may declare this Agreement, and all rights and privileges and interests created by it, to be terminated. Upon nondefaulting party's electing to terminate, this Agreement shall cease and come to an end as if the day of nondefaulting party's election were the day originally fixed in this Agreement for its expiration, provided that, should defaulting party cure all defaults within the ten (10) day notice, this Agreement shall not be canceled. Nondefaulting party may, in its discretion, allow defaulting party more than ten (10) 6 days to cure defaults if such time is, in the opinion of nondefaulting party, reasonably necessary or shortened where stated herein. 2. NONDISCRIMINATION CITY and PHOENIX for themselves, its representatives, and agents, as a part of the consideration hereof, does hereby agree that no person on the grounds of race, color, national origin, or disability shall be excluded from participation in, denied the benefit of, or be otherwise subjected to discrimination in the use of the Property. 3. INSURANCE Phoenix shall be allowed to meet the requirements of this section through its self- insurance program. Workers' Compensation and Employers Liability Insurance: If allowed by law PHOENIX shall elect to obtain workers' compensation coverage. Further, PHOENIX shall maintain said coverage throughout the term of this Agreement. Any termination of workers' compensation insurance coverage by PHOENIX or any cancellation or non -renewal of workers' compensation insurance coverage for the PHOENIX shall be a material breach of this contract. The PHOENIX may maintain Occupational Accident and Disability Insurance in lieu of Workers' Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City of Lubbock. Employer's Liability with limits of at least $500,000 each accident, $500,000 by disease policy limit, and $500,000 by disease each employee shall also be obtained and maintained throughout the term of this Agreement. Other Insurance Requirements: PHOENIX agrees to waive its right of recovery against CITY for all claims and suits 7 against CITY, which are or may be covered by the above -described insurance coverages. In addition, its insurers, through policy endorsement, waive their right of subrogation against CITY for all claims and suits. The certificate of insurance must reflect waiver of subrogation endorsement. PHOENIX further waives its right of recovery, and its insurers also waive their right of subrogation against CITY for loss of its owned or leased property or property under its care, custody, or control. PHOENIX's insurance policies through policy endorsement must include wording, which states that the policy shall be primary and non-contributory with respect to any insurance carried by CITY. The certificate of insurance described below must reflect that the above wording is included in evidenced policies. All policies required above (excluding Workers' Compensation) shall include a severability of interest endorsement and shall name the CITY as an additional insured with respect to work performed under this Agreement. Severability of interest naming CITY as an additional insured shall be indicated on the certificate of insurance described below. PHOENIX shall provide a Certificate of Insurance to the CITY as evidence of the required insurance coverage. The Certificate will provide 30 days notice of cancellation. A copy of the required endorsements and waivers of subrogation shall be included in the certificate. 4. CITY LIABILITY To the extent allowed by the laws and the Constitution of the State of Texas, PHOENIX waives all claims, release, indemnify and hold harmless the CITY, 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 PHOENIX of the CITY facilities. It is the express intention of the 8 parties hereto, both PHOENIX and the CITY, that the indemnity provided for in this paragraph is not indemnity by PHOENIX to indemnify and protect the CITY from the consequences of the CITY's own negligence. It is further understood and agreed that the representatives of PHOENIX assigned to and participating in the training program are not employees of CITY and are not entitled to any benefits, such as those covered by the Workmen's Compensation Act. X. IMMUNITY It is expressly understood and agreed that, in the execution of this agreement, 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. XI. RESOLUTION This agreement shall be executed by the duly authorized official(s) of the party as expressed in the approving resolution, order, or ordinance of the governing body of such party, a copy of which is attached hereto, and this agreement shall remain in effect until rescinded and notice is transmitted in writing to all other parties to this agreement. XII. ENTIRE AGREEMENT This agreement 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. XIII. VENUE The parties to this Contract agree and covenant that this agreement will be enforceable in 9 Lubbock County, Texas; and that if legal action is necessary to enforce this Agreement exclusive venue will lie in Lubbock County, Texas. XIV. SEVERABILITY If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this agreement 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. XV. APPLICABLE LAW This Agreement is entered into subject to the City Charter and Ordinances of the CITY and 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. XVI. 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. XVII. JOINT VENTURE It is the intent of the parties hereto that this Agreement shall never be construed to create a joint venture between CITY and PHOENIX. XIII. MODIFICATION AND SUPPLEMENTATION This Agreement may be modified or supplemented at any time by mutual written consent between PHOENIX and CITY authorized by the proper representatives. 10 CITY OF LUBBOCK MARC Mc UGAL MAYOR ATTEST: Re ecca Garza City Secretary APPROVED AS TO CONTENT: LUBBOCK FIRE DEPARTMENT Steve Hailey, Fire Chief 6 APPROVED AS TO FORM: CITY OF PHOENIX a Municipal Corporation FRANK FAIRBANKS CITY MANAGER ALAN BRUNACINI FIRE CHIEF MIKE DURAN ASSISTANT FIRE CHIEF ATTEST: x 'jv�4:f' Z- City Jerk City of Phoenix FIRE DEPARTMENT Deputy Chief CttorneKnight, A ant Attorney ACTI ityAy City of Lubbock, Texas City of Phoenix, 'zona 0 as/CityAtt/John/Contracts/Phoenix Fire Department Jan 20, 2006