HomeMy WebLinkAboutResolution - 2005-R0138 - Contract - City Of Phoenix, Arizona - Fire Fighting Training - 04_14_2005Resolution No. 2005-RO138
April 14, 2005
Item 20
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 Fire
Department and the City of Phoenix, Arizona Fire Department to use the property listed in the
Contract to train its employees in recurrent ARFF fire fighting training to fulfill the requirements
set forth by the Federal Aviation Administration per CFR-139, 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 14th day
ATTEST:
Q&�
Rdbecca Garza, City Secretary
APPROVED AS TO CONTENT:
Steve Hailey, Fire Chief
APPROVED AS TO FORM:
Assistant City
as/CityAtt/John/Reso lutions/PhoenixFireDepartment
March 22, 2005
Contract #: Change Order #: Requisition #: ITB# I RFP# I RFQ# (If Applicable):
CONTRACT COVER SHEET
See Step -by -Step Contracting Process on CLIC for Instructions
(Type or Print all Information with the exception of Signatures and Signature Dates)
Forward the complete contract package to Purchasing and Contract Management Department for review, approval and execution.
The complete package includes one (1) copy of the completed Contract Cover Sheet (for internal City use only); minimum of three (3)
originals of the contractor amendment; and minimum of three (3) originals of all other certifications and contract addenda.
Attached Contract must be "Approved as to Content" by Managing Director and "Approved as to Form" by Legal. The following
signatures are required to pzqgess Contract Cover Sheet. IMPORTANT: Each person who signs the Contract Cover Sheet must carefully
review the attached contra doZaMpftWore sieni& the cwtract cover sheet.
Asst City Manager/Chief:
Dir of Fiscal Policy `---� Gl• f/ __�
Risk Manager.
Originating Dept and Individual Responsible for En
FDepartment,:, Fire
er: x2630
Contractor/ Vendor information
Date:
Date:
Ins Cert Regd: Date:
ig Contract Terms and Contract Compliance
Name: Steve Hailey
Title: FFireChief
ContractorNendor. Phoenix Fire Department
Address: 3547-E. Sky Harbor Blvd.
City: Phoenix State: I AZ Zip: 85034 i�
Contact Name: Contract for Use of Fire Department Training Facilities
Contract Signatory: Charles Hood 1 Title: I Deputy Fire Chief
Phone #: 602-534-4262 Fax #: ' E-mail:
C'nntrart Tnfnrmatinn
Brief Description of Goods or Services or arrangements covered by the terms of the contract:
Contract to allow Phoenix firefighters to utilize the LFD Airport Fire Training Facilities
Effective Date: a Upon Execution by Authorized Signatories OR Other (Specify Date): 4/412005
End Date: Notice To Proceed + El (Specify # of Days) OR Other (Specify Date): 4/9/2005 —�
Financial Information
Cost Center Account #: Amount Not To Exceed: I $
Other:
wA Contract Yes, see amount below Project Number (if applicable):
Generate If so, amount: $30000 Will Contract Be Paid From Grant Funds: No
Revenue:
Notes:
ContractCova Sheet.doc
Contract Form and Simnatory
Contract: General Agreement Signatory: Mayor
Contract Checklist (Not applicable to Change Orders or Amendments)
1. Is this individual or owner of this business an officer or employee of the City of Lubbock? No
[Note: If Yes, City policy may not allow us to write a contract for this individual/vendor.] if unsure, check with Legal.
2. Are all documents in order and submitted at least 5 business days prior to the start date for services for standard contracts or at least 20
business days prior to start date for services if using a non-standard contract? Yes
[Note: If No, and not associated with a building repair, complete a `Justification for Untimely Contract Submittal" form.]
3. Does the contract, Licensing Agreement, insurance or other document requiring signature originate from the vendor? No
[Note: If Yes, must be reviewed by Legal. Forward to Purchasing Department.]
____ _ _ .........._.. _....__.......... ...... ..................................... _..... ...... _......... _ ..
4. Does the contract involve work by the contractor on City owned property? No
(Note: If Yes, contact Risk Management at (806) 775-2277.)
involve a purchase of hardware software, firmwar or computer
._..._......_.._. _.. _........... _.....__.. _._.._._..._.. _ . _. ....................... .............. ................ .........._................ ........ .._............_.................. ......_..................._..._..........._._..__.-........ _.._................ .._.__..... __._._..
5. Does the contract n Ive the p e, ecomponent acquisition? No
[Note: If Yes, A Purchase Requisition from Information Technology is required. Contact IT at (806) 775-2374.)
6. Does the contract involve a uro chase valued at $2,500 or more? No�
[Note: If Yes, A Purchase Requisition is required. For assistance, contact your Buyer in the Purchasing Department.)
_......_..._._._..__._._...._ ._...__ __ _ -_ _.._._.__.._._._...._._.._......_.._..._........._...._.._................._....................._.......-......._...,...._.............................................................................................................._..........._............_..................................._._...._....._......._.._.._.........
7. Does the contract involve a purchase valued at $25,000 or more? No
(Note: If Yes, Formal Competitive Sealed Bidding is required. For assistance, contact your Buyer in the Purchasing Department.)
.......... -............. ..._.................._._..._....._.........-.-...................._._..............................................,............................................_........................................................... ....................._-.........................................._..............................................._.................................................._._...._...._.._._.__-. — -
8. Does the contract involve Consulting Services valued at $25,000 or more? No
[Note: If Yes, requires Request for (qualifications. Contact Purchasing Manager (806) 775-2165.)
........_......_......._.........._-....._......_.._..___...._.....____...___._._.._.__..___._._.._.._..___.__.______ __.__.....-.___._........._.._._.__..__..._._.___.._..._._.._.__._.__.____._.__..._...-.-----.._._...__.__._._.._........_._____._....__.___._____._.__._._..
9. Does the contract involve construction valued at $25,000 or more? No
[Note: If Yes, Requires Payment Bond.]
..................__.._ ..._..... -.......... _......... _..._......... ........ ............... _....... _............... _...--............. _......... ... ,........._.... ........ .............................. _......... ............ .............. ........ ....................... ........ ...... ............ ................... ............... ........ ............ ............... ....... ....... .......................... ...... ....... ._....... _..........._..........
10. Does the contract involve construction valued at $100,000 or more? No
[Note: If Yes, contract requires Performance Bond]
11. Does the contract include language for Insurance Requirements? Yes - SEE NOTE
(Note: If Yes, contact Risk Management at (806) 775-2277.)
__......... _........ ____._._......_..._._-._.__...__....---__.__..___.___..__.__..._.._.__._.._.___..__..... _...... ..._...........
12. If state funded, does the contract require language for Child Support certification? Not Applicable
[Note: If Yes, attach Child Support Certification, form OCA-S-99-25 for state funded acquisition.]
........ _...... ._.__....._..... ........ ....... .... _._......... -_..... ............ _........ ........... ..... __....... .._........................................................................._................. ._... ............ _........... ... ............................ ............................... ......................... .............. ................ ................ ... _.................................. ....._........_................. ......
13. If federal or state funded, does the contract include all clauses required by federal or state statutes and executive orders and their
implementing regulations? Not Applicable
................... ........... ..... .......................... ............ ............................................. ......... ..._....... .... ..._..........._....._......._........_.__.._.............
14. If the purchase/transaction involves the purchase lease, ______..__._..............
acceptance as a gift, etc. of real estate, has an environmental site assessment
(ESA) been performed on the property? Not Applicable
[Note: If No, contact Environmental Compliance at x2880 or x2119.]
Contract Award by City Council
Council Date: 4h4/2005 Council Agenda Item #: _..__._ ;Resolution #:
The complete package includes one (1) copy of the completed Contract Cover Sheet (for internal City use only); minimum of three (3)
originals of the contract or amendment; and minimum of three (3) originals of all other certifications and contract addenda. Forward the
complete contract package to Purchasing and Contract Management Department for review, approval and execution.
ContractCoverSheet.doc
5961 Resolutiou No. 2005-RO138
CONTRACT FOR USE OF
FIRE DEPARTMENT TRAINING FACILITIES
This Agreement is made this 14th day of April 2005, by and between the
City of Lubbock Fire Department ("LFD"), and the City of Phoenix, Arizona Fire Department
("PHOENIX"), on the following terms and conditions.
I. RECITALS
LFD 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 LFD desires to exercise certain privileges upon the
Property. It is mutually agreed by and between LFD and PHOENIX as follows:
II. LICENSE
PHOENIX, in cooperation with LFD, 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 April 4, 2005 through April
9, 2005. Thereafter, any extension of this agreement must be approved by all parties
aforementioned.
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IV. CONSIDERATION
In consideration for this agreement, LFD 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 LFD and PHOENIX have agreed to the
following:
1. The cost per student to attend the training will be $250.00 per student (based on a
maximum of 8 hours per student)
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NOT:
2. PHOENIX will reimburse LFD for EMS standby charges of $50.00 per hour
(time allotted to be agreed upon by LFD 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
LFD 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
the Property, LFD, PHOENIX, students, faculty, agents, representatives, or
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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 LFD, 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 LFD, or LFD 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
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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
kmonnan@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.
VII. NONASSIGNABLE
This agreement is personal to LFD 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
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otherwise stated herein.
IX. MUTUAL DUTIES
LFD and PHOENIX will jointly resolve any matter wherein the LFD desires to
summarily exclude from the Property any person who is deemed undesirable or is deemed
dangerous or disruptive to LFD 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 LFD 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)
days to cure defaults if such time is, in the opinion of nondefaulting party, reasonably necessary
or shortened where stated herein.
2. NONDISCRIMINATION
LFD 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
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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 of Lubbock for all claims
and suits against City of Lubbock, 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 of Lubbock 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 of Lubbock 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 of Lubbock. The certificate of insurance described below must reflect that the above
wording is included in evidenced policies.
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All policies required above (excluding Workers' Compensation) shall include a
severability of interest endorsement and shall name the City of Lubbock as an additional insured
with respect to work performed under this Agreement. Severability of interest naming City of
Lubbock as an additional insured shall be indicated on the certificate of insurance described
below.
PHOENIX shall provide a Certificate of Insurance to the City of Lubbock 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. LFD 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 of Lubbock, Texas, 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 of Lubbock facilities. It is the
express intention of the parties hereto, both PHOENIX and the City of Lubbock, that the
indemnity provided for in this paragraph is not indemnity by PHOENIX to indemnify and protect
the City of Lubbock from the consequences of the City of Lubbock'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 LFD 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.
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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
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 of
Lubbock 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,
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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 and herein shall be construed to create a joint venture
between LFD and PHOENIX according to the terms and considerations aforementioned in this
agreement.
XIII. MODIFICATION AND SUPPLEMENTATION
This Agreement may be modified or supplemented at any time by mutual written consent
between PHOENIX and LFD authorized by the proper representatives.
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CITY OF LUBBOCK
IlLe
ARC McD UGAL
MAYOR
ATTEST:
Rebecca Garza
City Secretary, Lubbock
APPROVED AS TO CONTENTS:
LUBBOCK FIRE DEPARTMENT
Steve Hailey,
n M. KAig, istant ity Attorney
City of Lubbock, Texas
CITY OF PHOENIX
a Municipal Corporation
FRANK FAIRBANKS
CITY MANAGER
C/)�-Z �L' /
ALAN BRUNACINI
FIRE CHIEF
MIKE DURAN
ASSISTANT FIRE CHIEF
ATTEST:
City Clerk
City of Phoenix
C
IRE bEPARTMENT
o&, t)eputy Chief
Pil. 4 j
ACTING Ity Attorney
City of Phoenix, Arizona
-0
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