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HomeMy WebLinkAboutResolution - 2024-R0230 - Inter-Local License Agreement, South Plains College, LFR Training Facilities - 04/23/2024Resolution No. 2024-R0230 Item No. 6.34 Apri123, 2024 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUB130CK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a License Agreement for Use of Lubbock Fire Rescue Training Facilities, by and between the City of Lubbock and South Plains College, and all related documents. Said License Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on A r�n '1 23, 2�24 TRAY PA E, AYOI2 � ATTES'I': Courtney Paz, City Secretary AYPROVEll AS TO CONTENT: Shaun Fogerson, Fi e 'cf' Al'PROVED AS TO FORM: , R an � ooke, enior Assistant City Attorney RLS.SPC I�ire Rescue l raining �acility License Agreement 4.9.24 Resolution No. 2024-R0230 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 terms and conditions. RECITALS WHEREAS City is the owner of the following described real property (the "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: I. 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, 2025. 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 terms, with the final renewal expiring on September 30, 2029. IIL CONSIDERATION In consideration for this license, South Plains shall pay City T w o T h o u s a n d a n d n o I 10 0 d o 11 a r s($2,000.00) per month, payable on or before the first day of each quarter. 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; (� 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 permit 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 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; (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 permitted 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 1314 Ave K POB 2000 Lubbock, TX 79401 With copies to: City of Lubbock Fire Rescue Attn: Shaun 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 terminate the License. VII. TERMINATION If either party wishes 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. VIII. 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 permits; 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 o n 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 (fl 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 inembers 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. XI. 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 n o t i c e o f t h e default, the non-defaulting party may declare this License, and all rights and privileges and interests created by it, to be terminated. Upon non- defaulting party's electing to terminate, this License shall cease and come to an end as if the day of non-defaulting 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. Non-defaulting party may, in its discretion, allow defaulting party more than ten (10) days to cure defaults if such time is, in the opinion of non-defaulting party, reasonably necessary or shortened where stated herein. XII. 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, 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. XIII. SOUTH PLAINS COLLEGE INDEMNIFIES THE CITY To the extent allowed by the laws and the Constitution of the State of Texas, South Plains waives all claims, releases, indemnifies and holds harmless the City of Lubbock, Texas, its Fire Department, agents, representatives, elected officials, 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 use by agents and employees of South Plains of the City of Lubbock facilities. It is the express intention of the parties hereto, both South Plains and the City of Lubbock, that the indemnity provided for in this paragraph is not indemnification by South Plains of the City of Lubbock from the consequences of the City of Lubbock's own acts. It is further understood and agreed that South Plains students assigned to and participating in the training program are not employees of the City, and are not entitled to any benefits, such as those covered by the Workmen's Compensation Act. The parties acknowledge that South Plains is immune from Tort Actions, except those arising from the use of a motor vehicle, in accordance with Section 101.051 of the Texas Civil Practices and Remedy Code. Nothing in this License Agreement is or should be interpreted to require South Plains College to indemnify or to constitute a waiver of that immunity. XIV. IMMUNITY It is expressly understood and agreed that, in the execution of this License, 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. XV. �tESOLUTION This License 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 License 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 License. XVI. ENTIRE AGREEMENT This License 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. XVII. VENUE The parties to this License agee and covenant that this License will be enforceable in Lubbock County, Texas; and that if legal action is necessary to enforce this License, exclusive venue will lie in Lubbock County, Texas. XVIII. SEVERABILITY If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this License 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 License shall remain in full force and effect and shall in no way be affected, impaired or invalidated. XIX. APPLICABLE LAW This License is entered into subject to the City Charter and Ordinances of the City 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 License is agreed to be Lubbock County, Texas, for all purposes including performance and execution. XX. 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. XXI. JOINT VENTURE It is the intent of the parties hereto that nothing herein shall be construed to create a joint venture between the City of Lubbock and South Plains College. XXII. MODIFICATION AND SUPPLEMENT ATION This License may be modified or supplemented at any time by advance mutual written consent. [THE REMAINDER OF THIS PAGE LEFT BLANK 1NTENTIONALLY] tN WITNESS WHEREOF, the parties hereto have caused this License to be executec� by; THE CITY OF LUBBOCK, TEXAS: TRA� DATE SOUTH PLAINS COLLEGE: _ 1�� -� DR. ROBIN SATTERWHITE, PRESIDENT _ 3l2 v/� y DATE ATTEST: . Caurtney az, City Secretary APPROVED AS TO CONTENT: Shaun Fogerson, Fi Ch f APPROVED AS TO FORM: Ryan ooke, Senior Assistant City Attorney S:tcitynttlCiTYA'I'I�RYAMLicanseslSPC Liccnsc•Suulh Plains Collcgo I.iconw 2024 dOCX Resolution No. 2024-R0230 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 m 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 OF THE USE OF THE FIRE TRAINING FACILITIES, AS SET FORTH AND DESCRIBEI3 IN THE SAID LICENSE AGREEMENT, THE UNDERSIGNED PARTICIPANT DOES R E L E A S E, 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 i]NDERSIGNED. 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 i s fully understood; that Participant has the legal authority and competence to execute this Release; that Participant executes this Release of his or her own free 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 termination of the said License Agreement. Print Name Signature Company or Department