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HomeMy WebLinkAboutResolution - 2002-R0064 - Interlocal Contract For Provision Of Fire Protection - Lubbock Reese Redev. - 02_14_2002Resolution No. 2002-R0064 February 14, 2002 Item No. 36 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Contract for Provision of Fire Protection Services and any associated documents between the City of Lubbock and Lubbock Reese Redevelopment Authority, a copy of which contract is attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 14thday of February , 2002. ohlw� jltZ�l WINDY SI N, MAYOR ATTEST: Rebecca Garza, City Secretary APPROVE AS TY CONTENT: Steve Hailey, Fire Chief APPROVED AS TO I)dnald G. Vandiver, First Assistant City Attorney DDres/LRRA-FireCon-res January 10, 2002 ai: Resolution No. 2002-R0064 February 14, 2002 Item No. 36 Interlocal Contract for Provision of Fire Protection Services STATE OF TEXAS COUNTY OF LUBBOCK THIS INTERLOCAL CONTRACT is entered into on this 'Z� day of 2002, (Effective Date), by and between the City of Lubbock, Texas (hereinafter referred to as "CITY"), and the 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 Local Governments". WITNESSETH: WHEREAS, this Contract 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 Contracting Local Governments find that this project or undertaking is necessary for the benefit of the public and that each party 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 Contracting Local Governments, political subdivisions of the State of Texas, desire to secure for each such local government the benefits of the aid herein set forth for the protection of life and property through the furnishing of certain specialized emergency services; and WHEREAS, the governing bodies of the above named Contracting Local Governments, desire to enter into a contract whereby CITY will provide to REESE, the following services provided by the Lubbock Fire Department: 1) Fire Suppression, 2) Fire Prevention and Code Enforcement 3) Fire Safety Surveys, 4) Target Hazard Pre -planning, 5) Specialty Team Responses 6) Fire Investigation, and 7) Annual Flow testing of fire hydrants; and WHEREAS, the governing bodies of the above named Contracting Local Governments 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 Contracting Local Governments agree as follows: I. DEFINITIONS A. The phrase "Requesting Local Government" shall mean and refer to the Contracting Local Government that asks the other party to this Contract for aid and assistance in answering or responding to an emergency condition within the boundaries of the Contracting Local Government. B. The phrase "Responding Local Government" shall mean and refer to the Contracting Local Government 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 Contracting Local Government seeking such aid and assistance. II. TERM This Contract shall become effective on its Effective Date, and this Contract shall automatically be renewed each year unless cancelled as herein 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 ninety (90) days written notice to the other party of such intention to terminate. IV. PAYMENT FOR SERVICES WHEREAS, REESE has agreed to reimburse the CITY for the provision of these Fire Protection Services, by providing the City of Lubbock Fire Department with access to the Reese Fire Station for storage and deployment of fire suppression equipment as deemed necessary by the Lubbock Fire Chief or his designee and providing for the one-time single payment of $189,050 for Fire Protection Services to be paid not later than September 30, 2002 as a fee for establishing such services. After the payment of such fee no other charges shall be assessed REESE during the initial term of this Contract. Payments and services may be renegotiated by the parties hereto upon thirty (30) days written notice to the other party prior any annual renewal of this Contract. Any payments required to be made pursuant to this Contract shall be made from current funds available to the paying party. V. CONTRACTING LOCAL GOVERNMENT RESPONSIBILITIES The CITY will respond to requests from REESE for services and assistance of the Lubbock Fire Department by furnishing the following services upon request: 2 a. Fire Suppression b. Fire Prevention and Code Enforcement C. Fire Safety Surveys d. Target Hazard Pre -planning e. Specialty Team Responses (Haz-Mat, Heavy Rescue and Dive) f. Fire Investigation g. Annual flow testing of fire hydrants. 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 that 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 or his designee. b. An officer of the Lubbock Fire Department shall have responsibility and authority for directing the services provided by the CITY, requesting additional support services from the CITY, if required, and will retain the authority to remove CITY personnel from any situation that in his judgment poses an unreasonable danger. C. The equipment and personnel of the CITY 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 Contract will, at the time of actions hereunder, be owned or leased by the CITY; and all personnel responding for the CITY under this Contract will, at the time of action hereunder, be employees of the CITY. f. Services furnished by the CITY under this contract shall be deemed furnished to the requesting governmental body upon dispatch by the City of Lubbock Fire Department of any of the units above listed. g. All personnel and equipment used to provide these services, may also be used to provide the same or similar services within the city limits of the CITY. h. Fire suppression and specialty team services shall be provided from existing fire stations within the CITY. i. REESE hereby agrees that all future construction on REESE property shall be done in compliance with City of Lubbock Building and Fire Codes at the time of such 3 construction. It is understood that all existing buildings now located within the boundaries of REESE have been the subject of a Public Benefit Transfer or a No - Cost Economic Development Conveyance from the United States Air Force and were transferred or conveyed in an. "As Is, Where Is" condition. As a consequence none of these buildings meet current City of Lubbock Building or Fire Codes. All of these buildings which are currently leased are the subject of a Public Benefit Transfer to another governmental entity shall be inspected by the Lubbock Fire Department on an annual basis. The reports of such inspections shall be furnished to the owner/occupants and to REESE. None of the existing buildings shall be required to come into full compliance immediately because the cost of such remediation or renovation efforts is prohibitive. Nevertheless, REESE and the owner/occupant of such buildings shall prepare a recommended long range plan of corrective actions so that the owner/occupants may undertake such compliance actions as available funds allow. Such plan shall be completed within six (6) months after the initial inspection by the Lubbock Fire Department. REESE further agrees that upon substantial improvement or repair of any building (more than 50% of the market value of the structure prior to improvement or occurrence of damage, as defined by Section 21-16 of the Lubbock Code of Ordinances), such building shall be brought into compliance with the City of Lubbock Building and Fire Codes at the time of such substantial improvement. REESE hereby agrees not to occupy existing vacant structures unless there are no life -threatening conditions and existing conditions and operations meet the administrative, operational and maintenance provisions of the Fire Code, as determined by the Lubbock Fire Department prior to occupation of such structures. The purpose of this provision is to ensure that fire safety is not compromised by inadequate operation or maintenance in such matters as fire exits, fire sprinkler systems and fire alarm systems. REESE and the owner/occupants shall prepare a recommended long range plan of corrective actions so that the owner/occupants may undertake such compliance actions as funds allow. Such plan shall be completed within six (6) months after the initial occupation of such structure. VI. INDEMNIFICATION To the extent allowed by the laws and the Constitution of the State of Texas, the Requesting Local Government does hereby waive all claims, release, indemnify and hold harmless the Responding Local Government, 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 due to any consequence of the performance of this Contract whene such injuries, death, or damages are caused by the Responding Local Government's sole negligence or the joint negligence of the Responding Local Government and any other person or entity. It is the express intention of the parties hereto, both the Responding Local Government and Requesting Local Government, that the indemnity provided for in this paragraph is indemnity by the Requesting Local Government to indemnify and protect the Responding Local Government from the consequences of the Responding Local Government's own negligence, whether that negligence is the sole or a concurring cause of C! the injury, death, or damage. Furthermore, the Requesting Local Government accepts responsibility for any loss or damage for which the Requesting Local Government 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 Local Government's Fire Department in carrying out this Contract will, at the time of action hereunder, be owned or leased by it; and all personnel acting for the Responding Government'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 Contract 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 Contract 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 Contract. 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 to the extent of any conflict with this Contract, and, except as otherwise provided herein, cannot be modified without written agreement of the parties. Xl. VENUE The parties to this Contract agree and covenant that this Contract will be enforceable in Lubbock County, Texas; and that if legal action is necessary to enforce this Contract exclusive venue will lie in Lubbock County, Texas. 5 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 Contract 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 Contract. 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 Contract 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 Contract 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. XVI. AUTHORITY This Contract is made for each respective Contracting Local Government as a mutual aid agreement pursuant to Chapter 791, as amended, of the Texas Government Code. XVII. ENVIRONMENTAL HAZARDS In the event that the CITY shall determine, in its sole discretion, that any work or activity contemplated by this Contract may or could result in liability or responsibility of any kind or nature to the CITY related to contamination, pollution, the presence of hazardous substances, as defined in 42 USCS 9601 (14) or petroleum or petroleum containing substances, or any other environmental 0 related matter, and the CITY further shall determine such activity necessary to protect the fire safety of the residents or visitors of REESE, then in such event REESE shall perform such work or activity itself or contract to have such work or activity performed by another. An example of such activity might be ditching necessary to replace underground water lines to fire hydrants. IN WITNESS WHEREOF, the parties enter into this Contract on the date first written above. CITY OF LUBBOCK: --If" k1 �-- WINDY SItfON, MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: 0 e Stevellailey, Fire Chief APPROVED AS TO FORM: . Vandiver, Pifst Assistant City Attorney Dd/Interlocal Fire Protection Services 5.doc January 10, 2002 /`•` /� /'� ate`• ■ 7