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HomeMy WebLinkAboutResolution - 2019-R0263 - License Agreement With South Plains College - Fire Rescue Training Facilities - 07/23/2019 Resolution No. 2019-RO263 Item No. 6.26 July 23, 2019 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, an interlocal License Agreement For Use of Lubbock Fire Rescue Training Facilities By South Plains College. Said Agreement 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 July 23, 2019. DANIEL M. POPE, MAYOR ATTEST: J\-k— R–ebe-,I,-,a Garza, City Secretary 0 APPROVED AS TO CONTENT: An ny .jrgerson, Fire Chief APPROVED AS TO M. John 9 a s ' t t it ttorney SAC i tyatt\4 DOCS\RLS.LFR-SPC_2019.doc , Resolution No. 2019-RO263 LICENSE AGREEMENT FOR USE OF LUBBOCK FIRE RESCUE TRAINING FACILITIES BY SOUTH PLAINS COLLEGE This license agreement (the "License") is between the City of Lubbock, Texas, hereinafter referred to as "City," and the South Plains College, hereinafter referred to as "South Plains," on the following terns and conditions. RECITALS WHEREAS City is the owner of the following described real property (tile "Property"): The buildings, land on which the building is situated, drill tower, burn pits and fixtures, including furniture, furnishings, and any and all equipment on the premises, and all else known as the "Lubbock Fire Rescue Training Facility" located at 1515 East Ursuline, Lubbock County. Texas. WHEREAS South Plains desires to exercise certain privileges upon the Property. NOW, THEREFORE, it is mutually agreed by and between City and South Plains as follows: 1. LICENSE South Plains is hereby granted a non-exclusive license to use the Property to train its students for basic fire suppression certification. II. TERM The term of this License shall be effective beginning on the date that it is executed by all parties and continuing through September 30, 2020. Thereafter, unless terminated in writing by either party at least thirty (30) days prior to the end of a term, this License shall automatically renew for four (4) consecutive one year teens, with the final renewal expiring on September 30, 2024. 11I. CONSIDERATION In consideration for this license, South Plains shall pay City F i v e H it n d r e d a n d n o/ 10 0 d o l 1 a r s ($500.00) per month, payable on or before the first day of each gLiartcr. South Plains shall reimburse City for the actual cost of classroom materials to include but not limited to paper, copies, office products and firefighting materials to include but not limited to propane,hay, diesel, and wood products. All payments shall be made to: City of Lubbock Fire Rescue 1515 East Ursuline Lubbock, Texas, 79403 or such other place as City may designate by written notice to South Plains. IV. LIMITATIONS ON USE AND OCCUPATION OF PROPERTY South Plains, South Plains' students, faculty, agents, representatives, and personnel, in the course of performing under this License, shall NOT: (a) drink alcoholic beverages; (b) smoke; (c) use, possess, sell or dispense any illegal drugs or medicines; (d) engage in disorderly conduct; (e) use the Property in a way other than is reasonably necessary for conducting the basic fire suppression certification training exercises; (t) allow anyone not in the South Plains program, such as family members or friends of training participants, to come onto the Property, without prior approval of the parties hereto; (g) 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, South Plains, South Plains' students, faculty, agents, representatives, or personnel; (h) keep, leave, store or use personal property or pen-nit any such product or article to be kept, held, stored, used, or sold in or on the Property; (i) maintain, commit, or permit the maintenance or commission of any nuisance on the Property; (j) use the Property for any unlawful purpose; (k) permit anything to be clone 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; (1) commit, or cause to be committed, any waste on the Property; (m) obstruct or interfere with the rights of City's employees, or injure or annoy them; or (n) allow the premises to be used for any improper, immoral, unlawful, or objectionable purpose. Any prohibited action taken by South Plains, its employees, officers, agents or students shall be a breach of this agreement justifying immediate termination of this License by City. V. NOTICE A. Whenever notice from South Plains to City or City to South Plains is required or pennitted by this License, 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 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. South Plain's Address. South Plain's address and numbers for the purposes of notice are: Attn: Mr. Rob Blair South Plains College Box 4 1401 South College Avenue Levelland, Texas 79336 C. City's Address. The City's address and numbers for the purposes of notice are: City of Lubbock Attn: City Secretary 1625 13`x' Street POB 2000 Lubbock, TX 79457-2000 With copies to: City of Lubbock Fire Rescue Attn: Anthony S. Fogerson, Fire Chief 1515 East Ursuline Lubbock, Texas 79403 (806) 775-2630 (tel.) (806) 775-3510 (fax) 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 License, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice. VI. NONASSIGNABLE This License is not assignable, and any attempt to assign this License will be grounds to tenninate the License. VII. TERMINATION If either party wislies to terminate this License, it is understood that written notice shall be given to the other party at least thirty (30) days prior to the end of the semester, unless otherwise stated herein. Vill. CITY'S DUTIES City will maintain the leased Property and make all necessary repairs, except that South Plains will make all repairs to the leased Property occasioned by its negligent, willful, wanton, grossly negligent or reckless use of the Property, and except as City and South Plains may have expressly agreed otherwise in this license. IX. SOUTH PLAINS' DUTIES South Plains, its agents or representatives shall, with regard to the Property: (a) repair any and all damage to the Property caused as a result of its students, personnel, agents or representatives' actions and arrange for immediate repairs at a mutually agreed time; and (b) assure that its students, personnel, agents or representatives keep the Property clean, sanitary, and free from all accumulations of debris; and (c) dispose from the Property all debris and garbage in a clean and sanitary manner; and (d) properly use and operate all electrical, gas, and plumbing fixtures and keep them as clean and sanitary as their condition pen-nits; and (e) deny any person on the premises with South Plains' permission to willfully or wantonly destroy, damage, or remove any part of the Property or the facilities, equipment, or appurtenances. South Plains, its agents or representatives shall, with regard to its activities on the Property: (a) control and supervise all training and learning experiences; and (b) assure observance by students, personnel and faculty of the City's written policies and procedures; and (c) assign students to only those times and areas of the Property where there is a qualified supervisory person directly responsible for student performance; and (d) assure the City that the students and faculty are covered by liability insurance for the duration of the License and provide to the City Secretary a certificate of coverage; and (e) assure the City that the students and faculty have signed the release attached and incorporated by reference as Exhibit"A" prior to entering the Property and provide to the City Secretary a copy of the release; and (f) provide certificates of insurance and/or coverage against claims for personal injury, death or property damage occurring in connection with acts or omissions of its administrative personnel, faculty staff members and students while participating in the Program at the City. The limits of such insurance shall be: i. not less than $250,000 for each person; and ii. not less than $500,000 for each single occurrence for bodily injury or death; and iii. not less than $100,000 for each single occurrence for injury to or destruction of property. All insurance or coverage required under this Agreement will name, or inure to the benefit of, the City of Lubbock, Texas, as an additional insured. No such policy or coverage shall be subject to cancellation or reduction of coverage or other modifications except upon at least ninety (90) days prior written notice to the City; and (g) provide a list to the City of the approximate number of students that will be using the Property and the dates involved; and (h) assist in the orientation of the students to the Property and clear channels of administration for the use of equipment and records as necessary for teaching purposes; and (i) require that a student withdraw whose conduct or training performance may have .a detrimental ,effect on the City's staff or Property; and (j) require that a student withdraw who has failed to have the requisite insurance throughout the duration of the program or failed to sign a release prior to entering the Property; (k) replace all goods and supplies used while on the Property; and (1) provide a class schedule with resources required 30 days prior to the start of semester classes, and provide any schedule changes at least seven days prior to the requested change. X. MUTUAL DUTIES City and South Plains agree that all Live Fire Instructors or Live Fire Safety Officers must receive training in accordance with NFPA 1403 provided by Lubbock Fire Rescue personnel. City of Lubbock Fire Rescue personnel will provide the required training on an"as needed"basis. City and South Plains 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's employees or property. The provisions of this section notwithstanding, in all other matters which are the subject of this agreement, the parties hereto hereby expressly state that it is their intent that each party shall maintain separate and distinct control over its duties under this agreement. X1. DEFAULT AND TERMINATION Should City or South Plains' respective agents or representatives default in the performance of any provision of this License, and not correct the default within ten (10) days after notice of the default, the nondefaulting party may declare this License, and all rights and privileges and interests created by it, to be terminated. Upon nondefaulting party's electing to terminate, this License shall cease and come to an end as if the day of nondefaulting party's election were the day originally fixed in this License for its expiration, provided that, should defaulting party cure all defaults within the ten (10) day notice, this License 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. Xll. NONDISCRIMINATION South Plains, for itself, its representatives, and agents, as a part of the consideration hereof, does hereby agree that no person on the grounds of race, color, IN WITNESS WHEREOF, the parties hereto have caused this License to be executed by: THE CITY OF LUBBOCK,TEXAS: SOUTH PLAINS COLLEGE: DANIEL M. POPE, MAYOR DR. ROBIN SATTERWHITE, PRESIDENT .Tule 23_ ?019 -6 A L �I� DATE DATE ATTEST: A- Rekcca Garza, City S reta APPROVED AS TO CONTENT: Ant tyerson, Fire Chief APPROVED AST FOR John c , Assi t t Ci y ttom y S. tyatt\Cl ATTVOHN\ re RescueMPC License\South Plains College License 2019(1.1).docx Exhibit"A" WAIVER AND RELEASE OF ALL CLAIMS This Waiver and Release of All Claims (Release) is entered into between the City of Lubbock, Texas (City) and the undersigned Participants (Participants). DEFINITIONS "City" includes the City of Lubbock, Texas, its officers, e in p 1 o y e e s, City Council, attorneys, agents, servants, and all other persons, natural and corporate, in privity with them. "Participants" shall include those persons, including without limitation South Plains College, its students, staff and faculty, who participate in fire training conducted pursuant to that certain License Agreement entered between the City and South Plains College, pursuant to the terms of which South Plains uses of fire training facilities owned or operated by City for the purpose of training its students for basic fire suppression certification. RELEASE IN CONSIDERATION OFTHE USE OFTHE FIRE TRAINING FACILITIES, AS SET FORTH AND DESCRIBED IN THE SAID LICENSE AGREEMENT, THE UNDERSIGNED PARTICIPANT DOES RELEASE, ACQUIT AND FOREVER DISCHARGE THE CITY FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION ARISING OUT OF THE USE OF THE ABOVE DESCRIBED FIRE TRAINING FACILITY BY THE UNDERSIGNED. IT IS INTENDED BY THIS AGREEMENT AND RELEASE TO RELEASE ALL CLAIMS OF ANY KIND WHICH THE UNDERSIGNED PARTICIPANT HAS OR MAY HAVE AGAINST THE CITY OF LUBBOCK IN CONSIDERATION FOR THE USE OF THE SAID FIRE TRAINING FACILITY. Undersigned Participant warrants that this Release has been read and is fully understood;that Participant has the legal authority and competence to execute this Release; that Participant executes this Release of his or her own flee will and accord without any reliance on any representation of any kind or character not expressly stated herein; and that this Agreement is valid and binding on Participant and shall survive the tennination of the said License Agreement. Print Name Signature Company or Department