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HomeMy WebLinkAboutResolution - 2008-R0260 - Contract For Fire Fighter Training - City Of Phoenix - 07_22_2008Resolution No. 2008-RO260 July 22, 2008 Item No. 5.11 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 between the City of Lubbock and the City of Phoenix, Arizona for the utilization by the Phoenix Arizona Fire Department of the property described in the Contract for fire fighter training, and any other related documents. 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 Council. Passed by the City Council this 22nd day of July 2008. e 7 - L//o t , TOM MARTIN, MAYOR AP OVE AS TO CONTENT: ea Coo er ire Chief APPROVED AS TO FORM: lAssistant City Attorney Training Facitides.res.089 Resolution No. 2008—RO260 AGREEMENT FOR USE OF FIRE DEPARTMENT TRAINING FACILITIES This Agreement (the "Agreement") is made this 22od day of July 2008, 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 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 employees of PHOENIX 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 from 8:OOA.M. on August 18, 2008 through 10:OOP.M. on August 31, 2008. Thereafter, any extension of this Agreement must be approved by all parties aforementioned. enforcement of this Agreement. Time is of the essence in the interpretation and 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: 1. 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 SIX HUNDRED AND NO/100 DOLLARS ($600.00) per student (based on a maximum of 8 hours per student) 2 NOT: 2. Charges for EMS standby have been included in the cost per student charge. 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 enrolled 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 the Property, CITY, PHOENIX, students, faculty, agents, representatives, or 9 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. discard trash products 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, and shall be grounds for 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, and shall be deemed to have been received upon the first to occur of, the following: (1) 4 actual delivery of the written notice to the other parry 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 Division Chief 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: Brad Marlar ARFF Training Coordinator bmarlar@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 Agreement will automatically and immediately terminate it. 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 ten (10) 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 five (5) 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 five (5) day notice, this Agreement shall not be canceled. Nondefaulting party may, in its discretion, allow defaulting party more than five (5) 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, do 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 unlawful 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, a certificate of which is attached hereto as Exhibit "A" and fully incorporated herein by reference as though set forth in its entirety. Workers' Compensation 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 PHOENIX shall be a material breach of this Agreement. PHOENIX may maintain Occupational Accident and Disability Insurance in lieu of Workers' Compensation. 4. CITY LIABILITY To the extent permitted by law, each party (as "Indemnitor") agrees to indemnify, defend, and hold harmless the other party (as "Indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "Claims") arising out of bodily injury of any person (including death) or property 7 damage, but only to the extent that such Claims which result in vicarious/derivative liability to the Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. 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 off cial(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 8 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 Agreement 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. XVIL 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. 9 CITY OF LUBBOCK �r� //Xpig' TOM MARTIN MAYOR ATTEST: Reb cca Garza City Secretary APPROVED AS TO CONTENT: LU OC IRE DEPARTMENT Yea Coop r Fire Chief CITY OF PHOENIX a Municipal Corporation FRANK FAIRBANKS CITY MANAGER Q BOB KHAN, Fire Chief RICK BARTEE, Assistant Fire Chief ATTEST: City Clerk City of Phoenix City Attorney City of Phoenix, Arizona 10 07/17/2008 THU 13:32 FAX 602 261 8292 Phoonix,Risk Hgmt ®002/002 ISSUE DATE ;CERT^IFIC�1fE OF II�►BILI.TY INSURANCE arn7��+ PRODUCER SPONSORING DEPARTMENT CITY OF PHOENIX FIRE 251 W. WASHINGTON STREET Contact Information! 8TH FLOOR Kathy Cale PHOENIX, AZ 35003 602-262-7125 INSURED COMPANIES AFFORDING COVERAGE CITY OF PHOENIX OOA1PANYLa'T9" A CITY OF PHOENIX 251 W. WASHINGTON STREET COMPANY LETTER B 8TH FLOOR COMPANY LETTER C PHOENIX, AZ 85003 COMPANY LETTER D COMPANY LETTER C V O THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED HEREIN HAVE BEEN ISSUED TO THE INSURED NAME HEREIN FOR THE POLICY PERIOD INDICATE, NOTWITHSTANDING ANY REOUIREMENTS, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES LISTED HEREIN IS SUBJECT Tb ALL THE TERMS CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Co TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS A GENERAL LIA131LITY ELF -INSURED 08-09 07/01/2008 07101/2009 0'""'¢0"!'" $2.000,000 °'••°A•�""►°+•AE+'•!•" 52.000.000 X COMMERICAL GENERAL LIAB CLAIMS MADE XlOCCUR a.,..ataAer.Ncwtoemy 2.000,000 E.cn oc.rl.Ac. $2,000,000 OWNER'S & CONTRACTORS PROT rR. a.m." PAY a.. F.y az,000,poa A AUTOMOBILE LIABILITY ANY AUTO ELF -INSURED 08.09 07/01l2008 0710112009 cananeo awou CART 42.000.000 X ALL OWNED AUTOS poonr SCHEDULED AUTOS INJYAY lh, HIRED AUTOS NON -OWNED AUTOS •ooaT RUURY Ira .RaluAl GARAGE LIABILITY YROPlaTY OA"AOE EXCESS LIABILITY BOTHER THAN UMBRELLA FORM rACM OCCURRENCE AoCREWS A WORKER'S COMPENSATION ELF -INSURED 00.09 07l0112006 0710112008 STATUTORY $1,000.000 EAONACCIOENn AND EMPLOYER'S LIABILITY $1,000,000 rouenAe.ralen.wrl $1,000,000 oReA!!•lAtM lMn ortq OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES /RESTRICTIONS / SPECIAL ITEMS e: Airport Rescue Firelighter Training to be held in Lubbock, Taxes, August 18 through 31, 2000 CERTIFICATE HOLDER CANCELt ATlO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 3Il CITY OF LUBBOCK DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT 1625 13TH STREET LUBBOCK, TX 79403 FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES, AUT RI D REP ESENTATIVEi10 CeAificals 408.103 �.✓ -