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HomeMy WebLinkAboutResolution - 4018 - Contract - TCFP, LFD - Emergency Program - 11_12_1992Resolution No. 4018 November 12, 1992 Item #31 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 the City Con- tract Number 92-0220 by and between the Texas Commission on Fire Protection and the Lubbock Fire Department, a department of the City, which Contract is attached hereto, and 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 12th day of ATTEST: Sally St A e, Acting City Secretary APPROVED AS TO CONTENT: Don Stevens, Fire Chief APPROVED AS TO FORM: AL't'ea �a aro Willard, Assistant City Attorney HW:js/K92-0220.RES D1-Agenda/November 5, 1992 November , 1992. DAVID A N TON, MAY -OR Resolution No. 4018 November 12, 1992 Item #31 CONTRACT NUMBER 92-0220 FIRE DEPARTMENT EMERGENCY PROGRAM STATE OF TEXAS ] COUNTY OF TRAVIS ] SECTION 1. PARTIES TO AND PURPOSE OF CONTRACT This contract, which includes Exhibits A through D, is made and entered into by and between the Texas Commission on Fire Protection, an agency of the State of Texas, hereinafter referred to as "TCFP," and the Lubbock FD hereinafter referred to as "Contractor." The purpose of this contract is to provide a grant to the contractor as follows: Swede Survival System for $11,940. Items acquired will closely match the specifications described in the application submitted by contractor and contained herein as Exhibit A. SECTION 2. AMOUNT AND METHOD OF DISBURSEMENT A. The total amount of the award pursuant to this contract shall not exceed $11,940. B. Contractor must complete any applicable bidding requirements in compliance with applicable law, and submit to the TCFP copies of bidding and other related documents as explained in Exhibits B and C. Only after receipt and approval of these documents by the TCFP shall the TCFP prepare documentation necessary to issue a state treasury warrant to the contractor for the amount of the award made by contractor. C. Notwithstanding any other provision in this contract, it is expressly understood that TCFP's liability for disbursing funds under the terms of this contract is contingent upon there being adequate state funds available to TCFP. SECTION 3. RETENTION AND ACCESSIBILITY OF RECORDS A. Contractor shall maintain records and supporting documentation for activity under this contract as follows: 1) a copy of the application submitted for assistance under this program (Exhibit A). 2) an original of this contract; 3) original bidding and related documents as explained in Exhibits B and C; 4) bank records which clearly identify all deposits and expenditures related to this contract; 5) original receipts for all items purchased or acquired; 6) originals of all purchase contracts; 7) all correspondence sent or received by contractor 8) A copy of the Project Completion Report (Exhibit D). B. Contractor acknowledges that the Auditor of the State of Texas, and TCFP, or any of their duly authorized representatives, have access to and the right to examine all books, accounts, records, files, and other papers, things or property belonging to or in use by contractor pertaining to this contract. Contractor agrees to maintain all such items for a minimum of two years after the expenditure of funds pursuant to this contract. C. Contractor shall include the substance of this Section 3 in any purchase contracts it may execute. SECTION 4. REPORTING REQUIREMENTS A. Contractor shall submit to TCFP any additional reports on the operation and performance of this contract as may be required by TCFP. B. Contractor shall submit to TCFP legible copies of receipts for all items purchased or acquired in whole or in part as a result of the financial assistance provided by this contract. C. Contractor shall submit a Project Completion Report to TCFP as shown in Exhibit D no later than thirty days after the contractor has received the items detailed in Section 1 of this contract. D. Contractor acknowledges that the TCFP will monitor this contract by on -site inspection or other appropriate means within one year of the distribution of funds to the Contractor. SECTION 5. ASSURANCES Contractor assures the TCFP the following: A. Regular reporting through the Texas Fire Incident Reporting System (TEXFIRS) will be commenced within one year from the date of distribution of funds pursuant to this contract. B. Contractor will fully participate in a certification program approved by the TCFP or State Department of Insurance for a period of time of at least one year after the date of distribution of funds pursuant to this contract. C. Contractor will not sell, convey or otherwise encumber property purchased or acquired under the terms of this contract without prior written approval of TCFP. D. Contractor will comply with all applicable State, federal and local laws and ordinances. E. Contractor will provide its own liability insurance, and property insurance coverage on items purchased or acquired pursuant to this contract in amounts necessary to equal the amount of funds distributed under this contract. F. Contractor assures the TCFP that Contractor has the legal authority to execute this contract. SECTION 6. CONSEQUENCES OF DEFAULT OR OTHER VIOLATION OF TERMS A. In the event Contractor fails to comply with any term of this contract as determined by TCFP, TCFP may suspend and terminate this contract in whole or in part. Notwithstanding any other provision of this contract, it is explicitly understood that Contractor is directly liable for any expenditures which may be made by Contractor in violation of this contract and that TCFP may demand repayment by Contractor of a part, or all, such invalid expenditures. B. In the event of failure to comply with the provisions of this contract, venue for enforcement action will be Travis County except as otherwise allowed by law. SECTION 7. CHANGES AND AMENDMENTS Any alterations, additions or deletions to the terms of this contract shall be by amendment hereto in writing and executed by both parties to this contract. Approved and accepted on behalf ana ure of Fire"Chiet or CITY OF LUBBOCK: DAVID STON, OR of the Lubbock FD: Don Stevens Typed Name of Fire Chief or Other Official Approved and accepted on behalf of the TCFP: Approved as to Form: old Willard, Assistant City Attorney Date 10—/4. �1L--- Date r4c,41 Y/r � EXHIBIT A Serial Number (note: do not fill in this space) TEXAS COMMISSION ON FIRE PROTECTION Fire Department Emergency Program P.O. Box 2286 Austin, Texas 78768-2286 (512) 873-1700 APPLICATION FOR FINANCIAL ASSISTANCE Date Submitted byApplicant PART A: IDENTIFICATION OF ORGANIZATION Ex ] 1. Official name and address of applicant: a) Don Stevens (Name of Fire Chief) b) Lubbock Fire Department (Name of Organization) c) 519 Avenue K (Address) d) Lubbock. Texas 79401 Lubbock (City) (Zip Code) (County) e) (806) 767-2630 (806) 744-4208 (Telephone Number) (Fax Number) f) Municipal x Rural/Unincorporated area n/a Ex ] 2. Identification Numbers a) Texas Commission on Fire Protection IDI 1380 b) TEXFIRS ID# PY-603 c) Association Name b ,#: n/a d) Federal ID # 75-6000590 e) corporate charter # n/a f) Comptroller Payee ID # 1-75-6000-590-6 PART B: DESCRIPTION OF AP2LICP_NT'S ORGANIZATION: [ x] 1. Number of personnel: Volunteer n/a Paid 263 [ x) 2. Area (square miles) 104 Population 186,206 [ x ] 3. Types of services provided: Fire Rescue, Haz-Mat, Fire Prevention & Investigation [ x] 4. General description of physical resources: give Numbers of: a) Buildings: Fire stations 14 Training facilities_ b) Apparatus: 33 c) Personal protective clothing: _260 NFPA approved? YPC d) Self contained breathing apparatus 157 NFPA app? 100 PART C: FINANCIAL ASSISTANCE REQUESTED [ x] 1. Type and amount of assistance requested: LOAN $ n/a Grant $ 23,880 Scholarship $ n/a 11 [ x] 2. Purpose and need for requested assistance: The Lubbock Fire Training Academy has a live fire training facility. This facility consists of a masonry building, cinder block construction with a metal deck for interior ceiling and roof protection with normal roofing material for the exterior roof. Purpose of this building is to provide realistic training in locating and attacking small fires in structures. This facility does an adequate job of teaching fire fighters how to extinguish fire in very specific and conventional environments. The conditions that precede flashovers are never allowed to develop as the structure is not designed for such an occurrence. If the structure was used to create flashovers, safety for students could not be assured. The flashover container is designed to teach fire fighters how to recognize and mitigate fire behavior conditions that lead to flashover. Flashover causes great danger to emergency responders and destruction of property. By learning to recognize fire conditions that precede flashover the fire fighter can take immediate and specific action to prevent its occurrence. Funds received will be utilized for the purchase of the Swede Survival Systems Flashover Container and Educational Program. Container system meets or exceeds NFPA 1403 Standard for fire service. System to be located at the Lubbock Fire Training Academy, 102 Municipal Dr., Lubbock, Texas. 2 U X 1 3. Give examples as to how approval of request would be in the public interest (benefit to local and close -by areas, etc.): This request would benefit the local area of Lubbock, as well as a wide geographical area around Lubbock, as the fire fighters from other governmental agencies would be able to receive flashover training (which has not been obtainable for fire fighters in our area before this time). En/al 4. if awarded assistance in the form of a loan, describe proposed plan of repayment: [n/a] S. if applying for scholarships for education and training, describe the proposed program and agency approving curricula: En/a] 6. if applying for funds for facilities, provide a brief description: 97 [x ] 7. If applying for funds for equipment, provide a brief description: Swede Survival System, Inc. Dimensions: 20' long, 8' wide, 8' high - Observation Container 10' long, 8' wide, 11' high - Burn Container Weight: 6,500 pounds PART D: APPLICANT FINANCIAL DATA [x ] 1. List all income to the organization (provide annual amounts - estimate totals if exact amounts are not fixed): Tax base $ 0 Reimbursement $ 0 Donations $ 0 Fund raisers $ 0 other $ 0 Total $ 0 Comments: Copies of Comprehensive Annual Financial Report (CAFR). are available upon request. Because of budget constraints, no other funds have been made available for purchase of the Swede Survival System. [x ] 2. List and give amounts of any existing debts owed by the organization: Normal debt funding for General Fund and Enterprise Funds. Information available in CAFR. [x ] 3. List and identify matching funds for the proposed project which have been applied for, received or dedicated to the project: n/a [x ] 4. Provide a total budget breakdown by major category for the project requested: Complete Swede Survival System $22,500.00 Transportation & Shipping Costs to Lubbock, Texas $ 1,380.00 Terms: NET 30 Days Total $23,880.00 4 [' x I 5. Does the organization have resources for unexpected costs associated with this project? [x I Yes X No Explain: or educational funds transfers. 6. Credit References n/a PART E : CURRENT PROGRAMS AND ACTIVITIES I x I [ xI [ x I Through budget operational expenses 1. Describe the organization's current training programs: The Lubbock Fire Department, through its training section, has training for Haz-Mat Team, Rescue, Scuba and Fire Suppression training, as well as recruit schools through the Lubbock Fire Academy. ARFF training is taught through certified LFD instructors at Lubbock Regional Airport (Fire Station #11). 2. List certification programs participated in by the organization: Recruit School (structural) Radiological Haz-Mat/1st Responder Heavy Rescue ECA ARFF 3. The organization's fire notification procedure comprised of: central dispatch 911 service x Pagers x Telephone Siren system Via Sheriff's Dept. Other Briefly describe procedure: The Lubbock Fire Department has a 911 Service. Pagers are utilized for staff positions, usually after normal office hours or for certain procedures (specialty or 2nd alarm, etc.). 5 4. Number of responses for each class below for Last 3 Years: Three -Year Total I x I a) Structure 1,297 b) Vehicle 765 c) Ground Cover 693 d) EMS (& assists) e) Rescue (& assists) 453 f) Other 7,168 Total 10,376 Rey Rate . /S V (Do not fill in this space) * included in (e) S. Describe the organization's record keeping procedure: Check writing, bookkeeping and bank reconciliation are conducted through the City of Lubbock Accounting Department, Purchasing and other related functions are conducted through a Central Purchase Department with competitive bids for purchases. Independent audits are completed annually. 6. TEXFIRS reporting system : a) Does the organization now report to TEXFIRS? Yes x No _ b) If no, will the organization start reporting fires through TEXFIRS? Yes _ No _ n/a 7. Describe mutual aid activity: Mutual Aid is furnished between governmental units (cities, other entities) and the Lubbock Fire Department. LFD responds to incorporated towns and cities upon request. Mutual Aid Agreements have been signed with various area cities. NOTE: APPLICANT MAY BE REQUIRED TO PROVIDE ADDITIONAL DATA TO INSURE COMPLIANCE WITH ALL STATE AND FEDERAL LAWS. ( x I Don Stevens , hereby attest that the information provided in this application is accurate and truthful to the best of my knowledge. Attested to on August 11, 1992 (date) (applicant's signature) O C T- 2 7- 9 2 WED 1 0: 0 4 P _ 0 1 FAX TRANSMISSION FROMt PWEDle: SUF'W I AL SYSTEM 8;32 S3utn r i c M Lan 8 GA 92bM4 V S r Telt (619) 632-0624 FAXt (619) 632-0455 Date:-- - ---- q-4- Attentiont Facsimile Numbers This message consists of this lead page plus __. ( ____ pages. Message Note: -------- Y -7 - ----------------------------------------------- --------------------------------------------------- ---------------------- Call (619) 632-0624 14 there has been a problem with this transmission or If you have any questions. (FAXFORM) Andrew F. Mehl Chairman El Paso Roy Chapman Vice Chairman Abilene David Burkhart Secretary Arlington Ronnie James Wichita Falls Pat Hughes North Richland Hills Armando Caceres Corpus Christi Alonzo Lopez Kingsville Larry McKee Austin Gerald Hood Benbrook Elizabeth Jane Atchley Lefors Steve Perdue Mineral Wells Jan Stalder Parker Michael E. Hines Executive Director Texas Coy emission on Fire Protection P.O. Box 2286 • Austin, Texas 78768-2286 • (512) 873-1700 October 19, 1992 Mr. Don Stevens, Fire Chief Lubbock FD 519 Avenue K Lubbock, Texas 79401 Dear Chief Stevens: Your application for financial assistance under the Fire Department Emergency Program was reviewed by the Funds Allocation Advisory Committee (FAAC) on October 13, 1992. On October 14, both the FAAC and the full Commission approved funding as follows: a grant for $11,940. We have enclosed three copies of the contract. If you have no problem with the terms, please sign all three copies, return two of them to us and keep one for your files. If you have questions or concerns about the contract, please call the Program Liaison immediately in order to expedite the process. Congratulations on your successful application. We hope that it will significantly help you with your fire fighting responsibilities. Please let us know if you have any questions. Sincerely, Michael E. Hines Executive Director Ernest A. Emerson State Fire Marshal enclosures (3 ) EXHIBIT B PROCUREMENT STANDARDS The following explains standards and guidelines for purchasing or acquiring fire fighting apparatus, equipment and training under assistance provided by the Fire Department Emergency Program. This information is being provided to ensure that all such items are obtained efficiently and economically and in compliance with applicable law. Procurement may be made by one of the following methods: 1. Small Purchases - purchase of items which cost, in the aggregate, not more than $10,000. Price quotes from at least three sources must be obtained, and reasons for the award made described, on the "Bidding Record for Items Less than $10,000" form shown in Exhibit C. 2. Competitive Sealed Bids - must be used for items which, in the aggregate, total more than $10,000; may be used for items of any cost total. Sealed bids are publicly solicited and publicly opened and a firm, fixed price contract is awarded to the most responsible bidder. The competitive sealed bids process must include the following: a) a complete, adequate and realistic specification or purchase description; b) two or more responsible suppliers willing and able to compete; c) the procurement lends itself to a firm, fixed -price contract, and the selection can be made primarily on the basis of price; d) bids should be solicited from known suppliers and publicly advertised for at least seven days prior to opening the bids; e) the invitation for bids (the advertisement) must clearly define the items being solicited in order for the bidders to properly respond to the invitation and must state the time and location that the bids will be publicly opened f) a firm, fixed -price contract award shall be made in writing to the responsible bidder whose bid, conforming to the invitation for bids, is lowest. During the bid process, discussion of price ranges with bidders is not allowed. All bids may be rejected if none conform to the specifications or if all exceed the amount of funds available to the Contractor for particular items. 3. Noncompetitive Negotiation (Sole Source) - purchase of items by negotiations with only one supplier, or, after solicitation from several sources, competition is deemed inadequate. Noncompetitive negotiation, or sole source procurement, is allowed under the following circumstances: a) the item is available from only one source; or b) emergency situations where the urgency for purchasing items will not permit time for the competitive process; or c) after solicitation from several sources, competition is deemed inadequate. EXHIBIT C BIDDING RECORD FOR ITEMS LESS THAN $10,000 Lubbock FD 92-0220 Description of items to be purchased: Contacts Made: 1. Name of firm/supplier 1 Name of Person Contacted 2. Name of firm/supplier 2 Name of Person Con acte 3. Name of firm/supplier 3 Name of Person Contacted Date Con acte Quoted Price Date Con ac e Qiio—ted Price Date Contacted Quo-adQuoE-ed Price Based on the contacts concerning the above items to be purchased, I authorize on to supply the items or begin work for the quoted price. Reason(s) for Selection: Signature of Fire Chief or Other Official Typed Name of Fire Chief —or -0-'Eher O icial Date 119 EXHIBIT D PROJECT COMPLETION REPORT Funding Recipient: Lubbock FD Contract #: 92-0220 Contract Effective Date: TCFP Funds Contract Funds Items Purchased Amount Expended Balance Total Match Funds Expended CERTIFICATIONS: As authorized signatory of the Lubbock FD I certify that: 1) The information contained in this report is accurate to the best of my knowledge; and, 2) All records related to the Contractor's activities under this contract are available for review; and, 3) Contractor and each of its officers, directors, employees and agents have observed and enforced all provisions of State, federal and local law applicable to this contract. Signature of Fire Chief or Other O icia Typed Name of Fire Chief or other O icia Da e