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HomeMy WebLinkAboutResolution - 6619 - Interlocal Contract - Lubbock Reese Redevlopment Authority - Fire Assistance - 12_09_1999Resolution No. 6619 Dec. 9, 1999 Item No. 25 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 Interlocal Contract for Fire Fighting Assistance between the City of Lubbock and the Lubbock Reese Redevelopment Authority, and all related documents. Said Interlocal Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 9th day of D cember 19 9. WINDY SITTLON, YOR ATTEST: Kaythie arnell, City Secretary APPROVED AS TO CONTENT: Steve Hailey Fire Chief City A JMK:cp Cityatt/John/LRRA-City-Inter-ContractRes November 29, 1999 Resolution No. 6619 Dec. 9, 1999 Item No. 25 Interlocal Contract For Fire Fighting Assistance STATE OF TEXAS § COUNTY OF LUBBOCK § THIS INTERLOCAL CONTRACT is entered into on this 9th day of December , 1999, (Effective Date), by and between the CITY OF LUBBOCK, TEXAS (hereinafter referred to as "CITY"), and Lubbock Reese Redevelopment Authority, acting by and through its duly authorized officer or his designee, (hereafter referred to as "REESE"). CITY and REESE are hereinafter referred to collectively as the "Contracting Government Units". WITNESSETH: WHEREAS, this agreement is made under the authority granted by and pursuant to Chapter 791 of the Texas Government Code, as amended; and WHEREAS, the governing bodies of the above named Government Units find that this project or undertaking is necessary for the benefit of the public and that each parry has the legal authority to provide the governmental function or service which is the subject matter of this Contract; futhermore, the governing bodies find that the performance of this Contract is in the common interest of both parties; and WHEREAS, the governing bodies of Government Units, political subdivisions of the State of Texas, desire to secure for each such Governmental Unit the benefits of the aid herein set forth in the protection of life and property in the furnishing of such specialized emergency services; and WHEREAS, the governing bodies of the above named Government Units, both being political subdivisions of the State of Texas, desire to enter into an agreement whereby the City of Lubbock, Texas will provide to REESE, the following services and assistance of the Lubbock Fire Department. The services and assistance shall consist of: 1) Backup Fire Fighting Assistance. WHEREAS, the governing bodies of the above named Government Units both acknowledge that the above listed services are provided by the Lubbock City Fire Department and are specialized emergency services; NOW THEREFORE, FOR AND IN CONSIDERATION of the mutual undertaking hereinafter set forth and for adequate consideration given, the above named Government Units agree as follows: I. DEFINITIONS A. The phase "Requesting Governmental Unit" shall mean and refer to the Contracting Governmental Unit that asks the other party to this Contract for aid and assistance in Interlocal Contract for Fire Fighting Assistance City of Lubbock/Lubbock Reese Redevelopment Authority Page 1 of 6 answering or responding to an emergency condition within the boundaries of the Governmental Unit. B. The phrase "Responding Governmental Unit" shall mean and refer to the Governmental Unit that answers or responds to the other party's request for aid and assistance in conjunction with an emergency condition in the boundaries of the Governmental Unit seeking such aid and assistance. II. TERM This agreement shall become effective on its Effective Date. This agreement shall automatically be renewed each year unless cancelled as herein above provided. III. TERMINATION It is further agreed by and between the parties hereto that either party shall have the right to terminate this Contract for any reason without penalty upon thirty (30) days written notice to the other party of such intention to terminate. IV. PAYMENT FOR SERVICES City shall be reimbursed by REESE for costs incurred pursuant to this Contract as stated herein. Personnel who are assigned, designated or ordered by their governing body (or its designees who are responsible for organizing, coordinating, and directing the Government Units firefighting resources) to perform duties, pursuant to this Contract, shall receive the same wage, salary, pension and all other compensation and rights for the performance of such duties, including injury or death benefits (including, but not limited to, benefits pursuant to Chapter 615 of the Texas Government Code, as amended, and Compensation benefits, as though the service had been rendered within the boundaries of the Government Unit where he or she is regularly employed. Moreover, all wage and disability payments, except for those payments the Requesting Government Unit is required to pay under the indemnity provisions and Interlocal Cooperation Act cited above, pension payments, damage to equipment and clothing, medical expenses, and expenses of travel, food and lodging shall be paid by the municipality in which the employee is regularly employed. REESE shall, from current revenues, reimburse the City of Lubbock for the salary expenses (at the rate of 1.5 times the current hourly rate) of any required call-back personnel from the time of their notification to time of their release; and, for any necessary repair or replacement costs of supplies and equipment contaminated or damaged in the provision of such services. Further, REESE shall, from current revenues, reimburse the City of Lubbock according to the following schedule; Interlocal Contract for Fire Fighting Assistance City of Lubbock/Lubbock Reese Redevelopment Authority Page 2 of 6 (1) Back-up Fire Fighting Assistance- $3,384 per response V. CONTRACTING GOVERNMENTAL UNIT RESPONSIBILITIES The City of Lubbock will respond to requests from REESE or its' designee for services and assistance of the Lubbock Fire Department by furnishing the following services upon request: a. Back-up Fire Fighting Assistance All responses to request for such 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 REESE. 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. 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 REESE when their services are no longer required or when the responding units are required in the City of Lubbock. d. That the requested service is available for response at the time of the request. e. 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. f. 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. VI. INDEMNIFICATION To the extent allowed by the laws and the Constitution of the State of Texas, the Requesting City does hereby waive all claims, release, indemnify and hold harmless the Responding City, its Fire Department, agents, and employees, in both their public and private capacities, from any and Interlocal Contract for Fire Fighting Assistance City of Lubbock/Lubbock Reese Redevelopment Authority Page 3 of 6 all liability, claims, suits, demands or causes of action which may arise due to any consequence of the performance of this Contract whene such injuries, death, or damages are caused by the Responding City's sole negligence or the joint negligence of the Responding City and any other person or entity. It is the express intention of the parties hereto, both the Responding City and Requesting City, that the indemnity provided for in this paragraph is indemnity by the Requesting City to indemnify and protect the Responding City from the consequences of the Responding City's own negligence, whether that negligence is the sole or a concurring cause of the injury, death, or damage. Furthermore, the Requesting City accepts responsibility for any loss or damage for which the Requesting City is responsible as determined and required by the Interlocal Corporation Act, Chapter 791 of the Texas Government Code. VII. EQUIPMENT All equipment used by the Responding City's Fire Department in carrying out this Contract will, at the time of action hereunder, be owned by it; and all personnel acting for the Responding City's Fire Department will, at the time of such action, be an employee or volunteer member of that Fire Department for all purposes, including any claims for Workers' Compensation which may arise during the action. Any and all property damage will be governed by Paragraph VI. VIII. IMMUNITY It is expressly understood and agreed that, in the execution of this Contract, 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. IX. RESOLUTION This agreement shall be executed by the duly authorized official(s) of the party as expressed in the approving resolution or order of the governing body of such party, a copy of which is attached hereto, and this agreement shall remain in effect until rescinded by resolution or order of such governing body and notice of that action is transmitted in writing to all other parties to this agreement. X. ENTIRE AGREEMENT This Contract 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. Interlocal Contract for Fire Fighting Assistance City of Lubbock/Lubbock Reese Redevelopment Authority Page 4 of 6 XI. VENUE The parties to this Agreement agree and covenant that this Agreement will be enforceable in Lubbock County, Texas; and that if legal action is necessary to enforce this Agreement exclusive venue will lie in Lubbock County, Texas. XII. REMEDIES No right or remedy granted herein or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without first obtaining consent of the parties in writing. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. XIII. SEVERABILITY If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this Contract 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. XIV. APPLICABLE LAW This Agreement is entered into subject to the City Charter and Ordinances of the City of Lubbock and the County of Lubbock, 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. XV. 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. Interlocal Contract for Fire Fighting Assistance City of Lubbock/Lubbock Reese Redevelopment Authority Page 5 of 6 XVI. AUTHORITY This Contract is made for each respective fire department as a mutual aid agreement pursuant to Chapter 418 of the Texas Government Code (West 1990), as amended, and Chapter 791 of the Texas Government Code. IN WITNESS WHEREOF, the parties enter into this Contract on the date first written above. CITY OF LUBBOCK LUBBOCK REESE REDEVELOPMENT ATTEST: Kaythie arnell, City Secretary b Q. ):I� APPROVED AS TO CONTENT: e Steve Hailey Fire Chief APPROVED AS TO FORM: ohn M. Knight Assistant City Attorney Q/10288/contract/interlocal for fire fighting.doc November 5, 1999 & Cityatt/Iohn/LRRA-City.lnter-Contract November 29, 1999 C. NI ZHOL$, PRESIDENT ATTEST: Name: ble-r,'rn a a L'u yle rl Board Secretary Interlocal Contract for Fire Fighting Assistance City of Lubbock/Lubbock Reese Redevelopment Authority Page 6 of 6