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Home My WebLink AboutResolution - 2949 - Agreement - Lubbock County - Fire Protection Services - 11_17_1988Resolution #2949 November 17, 1988 Item #5 HW:da 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 by and between the City of Lubbock and Commissioners Court of Lubbock County, Texas, attached herewith, 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 17th day of November , 1988. '"B.C. McMINN, MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Rita Harmon, Assistant City Manager APPROVED AS TO FORM: Harold Wi-Tlard, Assistant Cit�orney Resolution #2949 HW:da 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, Art. 4413(32c), V.A.C.S., between the COMMISSIONERS COURT OF LUBBOCK COUNTY, TEXAS, acting by and through its duly authorized County Judge, hereinafter called "COUNTY", and the CITY OF LUBBOCK, TEXAS, acting by and through its duly authorized Mayor, hereinafter called "CITY". WITNESSETH: WHEREAS, the COUNTY has determined that a need exists for fire protection to be provided to protect the property of Farmers Co-operative Compress outside the city limits of the CITY due to an unusually large cotton crop which must be temporarily stored outside said city limits; and WHEREAS, Farmers Co-operative Compress has agreed to reimburse the COUNTY for costs incurred in obtaining needed fire protection service; and WHEREAS, the COUNTY has requested assistance from the CITY to protect the property of Farmers Co-operative Compress outside the city limits; and WHEREAS, the CITY agrees to furnish fire protection service needed by the COUNTY on behalf of Farmers Co- operative Compress and the COUNTY agrees to accept such service upon the terms and conditions stated below; NOW THEREFORE: 1. The City agrees that fire fighting equipment shall be furnished in response to fire calls from locations beyond the limits of the CITY OF LUBBOCK concerning fires on the premises of Farmers Co- operative Compress, which premises are used for cotton storage and are located as shown on Exhibit "A" attached hereto and made a part hereof and which may, with consent of the Fire Chief of the CITY, be amended at the request of Farmers Co- operative Compress and the COUNTY. Such fire fighting equipment shall be dispatched to the premises described in Exhibit "A" as requested by Farmers Co-operative Compress and to no other locations outside the city limits. The equipment which is dispatched shall be determined by the Fire Chief of the City. r 2. The COUNTY hereby agrees and obligates itself to pay to the CITY from current revenues available to the COUNTY the sum of EIGHT THOUSAND TWO HUNDRED FIFTY DOLLARS ($8,250.00), which shall be the advance payment for a minimum of three (3) fire calls to the Farmers Co-operative Compress cotton yards. Any additional fire calls requested by Farmers Co-operative Compress shall be paid for by the COUNTY from current revenues available to the COUNTY at the rate of TWO THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($2,750.00) per call. The advance payment as stated above shall be paid by the COUNTY to the CITY immediately upon execution of this Agreement. 3. This Agreement shall be effective from November 18, 1988, through May 1, 1989. 4. It is understood and agreed that Farmers Co- operative Compress at whose insistence and request this Agreement is entered into shall hold the CITY OF LUBBOCK and the COUNTY OF LUBBOCK harmless from any and all liability and obligations which result from the service furnished by the CITY pursuant to this Agreement. 5. It is specifically provided that the acts of any person or persons performed in accordance with authority granted the CITY herein, including but not limited to fighting fires, traveling to or from fires, or in any manner furnishing fire protection to Farmers Co-operative Compress outside the city limits of the CITY OF LUBBOCK, shall be considered as the acts of agents of the COUNTY in all respects notwithstanding that such person or persons may be employees or firemen of the CITY. The COUNTY OF LUBBOCK shall be liable for the acts of all CITY OF LUBBOCK employees engaged in fighting fires or otherwise providing fire protection service outside the city limits of the CITY OF LUBBOCK pursuant to this Agreement. 6. It is understood and agreed that in the event an emergency condition exists within the CITY OF LUBBOCK as a result of one or more fires in progress within the city limits, the Fire Chief of the CITY shall alone determine the advisability of sending fire fighting equipment outside the city limits in response to a fire or recalling such fire fighting equipment and the judgment of the Fire Chief shall be final; and the CITY OF LUBBOCK, its agents, officers and employees shall be held harmless by the COUNTY and Farmers Co- operative Compress for any error or omission in judgment or for any determination made in the event of such emergency condition. - 2 - EXECUTED this I day of , 1988. ATTEST: Co� Clerk — ATTEST: Rane a Boyd, City Sec etary APPROVED AS TO CONTENT: - tea... Rita n, Assistant City Manager APPROVED AS TO FORM: maa:ex 2ziLeme-c Harold Willard, Assistant City Attorney COMMISSIONERS COURT OF LUBBOCK COUNTY, TEXASv Rodr ck L. Shaw, County Judge CITY OF LUBBOCK 'B.C. McMINN, MAYOR - 3 - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, ISSUE DATE OF THIS CERTIFICATE EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. SHOULD ANY OF THE POLICIES BE CANCELLE BEFORE THE EXPIRATION DATE THEREOF, November 14, 1988 THE ISSUING COMPANY WILL MAILLUDAYS WRITTEN NOTICE TO THE CER• ISSUED AT TIFICATE HOLDER NAMED: Lubbock TA LOYERS' INSURANCE ASSN. • DALLAS, TX City of Lubbock LOYERS INDEMNITY CO. • DALLAS, TX 7EMPLOYEZ P. 0. Box 2000 CASUALTY COMPANY • DALLAS, TX Lubbock, TX NATIONAL INSURANCE CO. • DALLAS, TX 70 EMPLOYERS CASUALTY CORPORATION • DALLAS, TX O EMPLOYERS NATIONAL INS. CORP. • DALLAS, TX EMPLOYERS OF TEXAS LLOYD'S -DALLAS, TX INSURED Farmers Cooperative Compress I—EQ--tt LJ Box 2877 Autnd)o rosenfotive Lubbock, TX 79408 (Signed) (Typed) Carl A. Luckenbach, Dist. Mgr. THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN !S SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI. TIONS OF SUCH POLICIES. TYPE OF INSURANCE CO. NO. POLICY NUMBER POLICY EFFECTIVE IMM/DDIYY) POLICY EXPIRATION DATE (MM/DD/Yr) ALL LIMITS IN THOUSANDS STATUTORYWORKERS'COMPENSATION IfACNACQOENT) AND EMPLOYERS' LIABILITY ' $ (OWASE-POLICY LIMIT) (OtSEASE-EACH EMPLOYEE) GENERAL LIABILITY GENERAL AGGREGATE $2,000 COMMERCIAL GENERAL LW IUTY PRODUCTSCOMPIOPS AGGREGATE $2, 000 ms"'IDE ®ODcuRRENcs 2 536667 07/01/88 07/01/89 PERSONAL& ADARTMINCINJURY $1,000 OWNER'S S CONTRACTORS PROTECTIVE EACH OCCURRENCE $1 000 FIRE DAMAGE (ANY ONE FIRE) $ 50 MEDICAL EXPENSE (ANY ONE PERSON) $ 5 AUTOMOBILE LIABILITY CSL `- ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS (P�ERM►ERSONI $ HIRED AUTOS IWLYAM NON -OWNED AUTOS $ GARAGE LIABILITY a 9` DAMAGE EXCESS LIABILITY -".� EAC.+u AaGREaATE oC OTHER THAN UMBRELLA FORM ..�.......... ...,:; OTHER This policy names the City of Lubbock as an additional insured per agreement for fire protection. TECO 17993-A (9-87) C}7 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, ISSUE DATE OF THIS CERTIFICATE EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. SHOULD ANY OF THE POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 10 DAYS WRITTEN NOTICE TO THE CER• ISSUED AT TIFICATE HOLDER NAMED: • r 1� TEXAS EMPLOYERS' INSURANCE ASSN. • DALLAS, TX Lubbock County O TEXAS EMPLOYERS INDEMNITY CO. • DALLAS, TX Lubbock, TX 2O EMPLOYERS CASUALTY COMPANY • DALLAS, TX 3❑ EMPLOYERS NATIONAL INSURANCE CO. • DALLAS, TX Q EMPLOYERS CASUALTY CORPORATION -DALLAS, TX ® EMPLOYERS NATIONAL INS. CORP. • DALLAS, TX EMPLOYERS OF TEXAS LLOYD'S • DALLAS, TX INSURED Fl Farmers Cooperative Compress Box 2877 Authorized a eumative Lubbock, TX 79608 L- a (Signed) ITyoedl Carl A. Luckenbach, Dist. M r. THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 'S SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDO TIONS OF SUCH POLICIES. TYPE OF INSURANCE Na POLICY NUMBER POLICY EFFECTIVE DATE (MMMD/YY) POLICY EXPIRATION DATE IMM/DD/YYI ALL LIMITS IN THOUSANDS STATUTORY WORKERS' COMPENSATION a (EACH ACODEMT) AND t06FASE LNRTS EMPLOYERS' LUABILTTY $ .UCK E (DISEASE�EACN FMPL01'Efl GENERAL LIABILITY GENERAL AGGREGATE $9 COMMERCIAL GENERAL LIABILITY PRODUCTSLCMPJOPS AGGREGATE B CLAIMS MADE ®OCCURRENCE 2 536667 07/01/88 07/01/89 a PERSONAL A ADARTISINGIIIJURY CAMA'S I CONTRACTORS PROTECiK EACH OCCURRENCE FIRE DAMAGE (ANY ONE FIRE) ,$' so MEDICAL EYPENSE ZANY ONE PERSON) $ AUTOMOBILE LIABILITY Gq r ANY AUTO is ALL OWNED AUTOS EODiLY �`I: SCHEDULED AUTOS Muullr (PER PERSON) $_ HIRED AUTOS JIA;RY , ' NON,OWNED AUTOS (PEA $ Y ;:. GARAGE LIABILITY ,,,ART Hws n< DAMAGEs x EXCESS LIABILITY .a oxuNa •oDIAewYE;w. ss $ OTHER THAN UMBRELLA FORM` OTHER This policy names Lub bock County as an additional insured per agreement for fire protection. TECO 17993-A (9-871 FIRST NATIONAL BANK AT LUBBOCK LETTER OF CREDIT DEPARTMENT TELEX NUMBER 744426 P. O. BOX 1241 LUBBOCK, TEXAS 79408 U.S.A. FIRSTNATLLBK TELEPHONE 806-765.8861 Commissioners Court of Lubbock County Irrevocable Standby Lubbock, Texas Letter of Credit No. FNBL-4023 November 14, 1988 Gentlemen: We hereby establish our Irrevocable Letter of Credit in your favor for the account of Farmers Cooperative Compress, Lubbock, Texas up to the aggregate amount of $15,000.00 available by your draft(s) drawn at sight on us at our office in Lubbock, Texas, and accompanied by documents specified below. Documents required: 1) A bill from the City of Lubbock to Commisioners Court of Lubbock County, Texas, for a fire call under the terms and provisions of Paragraph No. 2 of a "First Protection Agreement" entered into by and between Commissioners Court of Lubbock County, Texas, and the City of Lubbock dated the /414� day of November, 1988. 2) An affidavit from the County Judge.of Lubbock County, Texas, that said bill was presented to Farmers Cooperative Compress for.payment and that such payment was not made within 48 hours after presentment. Your draft(s) must bear the clause "DRAWN UNDER FIRST NATIONAL BANK AT LUBBOCK, LETTER OF CREDIT NO. FNBL-4023." We hereby engage with you that your draft(s) under and in compliance with the terms of this Letter of Credit will be duly honored if presented to us on or before May 2, 1989, together with the document(s) specified herein. Sincery, James Turnbull, III Vice President Commodity/Letter of Credit Department f4 UUU-221 i State of Texas ) INDEMNITY AGREEMENT County of Lubbock ) �. THIS AGREEMENT is this day made and entered into by and betwe Farmers Cooperative Compress, a Texas corporation, with its principal place -of -business in Lubbock, Texas, acting by and through its duly authorized representatives, hereinafter called Compress, and the Commissioners Court of Lubbock County, Texas, acting by and through its duly authorized County Judge, hereinafter called County. WHEREAS, contemporaneously with this agreement the County is entering into a "Fire Protection Agreement" with the City of Lubbock in which certain benefits will inure to the benefit of the Compress. A true and correct copy of said "Fire Protection Agreement" is attached to and made a part of this agreement as if the same were fully and completely copied herein. For and in consideration of the County entering into said agreement with the City of Lubbock, this agreement is entered into by and between the parties hereto. Compress agrees that it will fully and completely indemnify and hold harmless the County from any and all costs and expenses in regard to said "Fire Protection Agreement." The Compress further agrees that it will immediately pay to the County all sums of money that the County might be obligated to pay to the City of Lubbock by reason of said "Fire Protection Agreement." Along with the execution of this agreement, Compress COOP DISK DOC. INDEMAGT -1- tenders to the County a check in the sum of Eight Thousand Two Hundred Fifty and no/100 Dollars ($8,250.00) as provided for in Paragraph No. 2 of said "Fire Protection Agreement." Compress hereby agrees to furnish to County an irrevocable letter of credit from the First National Bank at Lubbock, Texas, in the sum of Fifteen Thousand and no/100 Dollars ($15,000.00) to insure prompt payment of any further indebtedness arising out of Paragraph No. 2 of said "Fire Protection Agreement." Compress further agrees to make the County and the City of Lubbock a "Co- insurer" under the terms and provisions of its liability insurance policy. WITNESS ITS HAND this /�' day of November, 1988. FARMERS COOPERATIVE COMPRESS By: Rey McKinney COMMISSIONERS COURT OF LUBBOCK COUNTY, TEXAS By: Rodrick L. Shaw, County Judge APPROVED AS TO FORM ONLY: TRAVIS WARE, CRIMINAL DISTRICT ATTORNEY s By: , Charlottc Bingham, Assistant Crimina District Attorney COOP DISK DOC. INDEMAGT -2- FARMERS COOPERATIVE COMPRESS 37492 Nov 14 1988 LUBBOCK. TEXAS 19 PA ORDER of City of 'Iubliocic `''M 8, 250.00 fmi IES 8 2 5 0 ta' ndO Octs DOLLARS FARMERS COOPERATIVE COMPRESS FIRST NATIONAL BANK an-437 LUBBOCK, TEXAS a-asv _� 1 �q •= _=` t {. By- u'03744-23n' •1:&3i304378G 0001110091"L."' EXPENSE CHECK INV. DATE ACCOUNT DESCRIPTION DISC. PRICE AMOUNT Fire Protection 37492 8.250.00