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HomeMy WebLinkAboutResolution - 2019-R0406 - Interlocal Agreement With Frenship ISD - 11/05/2019 Resolution No. 2019-RO406 Item No. 6.16 November 5, 2019 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 Agreement for use of Lubbock Police Department Facilities, by and between the City of Lubbock and Frenship Independent School District, and related documents. 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 City Council. Passed by the City Council on November-5, 2019 DANIEL M. POPP, MAYOR ATTEST: Rebe ca G rza, City Seer at A R V S TO CONTENT: ro -o tha 1, Assistant Chief of Police APPROVED AS TO FORM: J -artell, Deputy City Attorney vw:ccdocs/RES.lnterlocal Abrmt-Frenship ISD September 30,2019 Resolution No. 2019-RO406 INTERLOCAL AGREEMENT This Interlocal Agreement (the "Agreement") is entered into on this 5th day of November , 2019, in accordance with Chapter 791 of the Texas Government Code, between the City of Lubbock,Texas (the"City"), a Texas Home Rule Municipal Corporation, and Frenship Independent School District (the "Entity"). WHEREAS, the City of Lubbock owns and operates a pistol range and rifle range located at 11602 W. 19t" Street, Lubbock, TX (the"Facilities"); and WHEREAS, the Entity desires to use the pistol range and rifle range for training its law enforcement personnel; and WHEREAS, the Entity acknowledges that the Facilities are acceptable for its required personnel training requirements and as such, desires to train its employees at the Facilities; and WHEREAS, the City finds that the training of the Entity's employees shall increase the presence of adequately and properly trained law enforcement within the City and the surrounding areas and that such training benefits the health, safety and welfare of the City's citizens; NOW THERFORE: 1. The City agrees to permit employees of the Entity to enter the Facilities for training purposes in accordance with the terms and provisions of this Agreement. 2. Either Party may decide to terminate this Agreement for any reason upon written notice. In the event either party elects to tenninate this Agreement as provided herein, this Agreement shall cease as if the day of the tenninating party's election to terminate was the day originally fixed in this Agreement for its expiration. 3. The Entity agrees that all its employees which enter upon the Facilities shall be informed of all conditions of the City of Lubbock Police Department's Range Rules,which is attached hereto and incorporated as if fully set forth herein (the "Rules"). The Entity shall be responsible for its employees conduct and adherence to said rules. Violation of the Rules may result in the City banning any or all of the Entity's employees from entering the Facilities and/or automatic termination of this Agreement. 4. The Entity shall be responsible for any and all losses, damages, claims or liabilities caused or contributed by, in any way, manner or from, the acts or omissions of the Entity's employees or to any guests or observers accompanying the Entity's employees 5. THE CITY, AND ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND AGENTS, SHALL NOT BE LIABLE, AND THE ENTITY HEREBY RELEASES THE CITY, ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND AGENTS, FOR, FROM AND AGAINST ANY LOSSES, DAMAGES, CLAIMS OR LIABILITIES TO THE ENTITY, ON ANY THEORY OF LEGAL LIABILITY, INCLUDING, BUT NOT LIMITED TO THE NEGLIGENCE, OF ANY TYPE OF DEGREE, OR FAULT, OF LPD FIRING RANGE INTERLOCAL AGREEMENT Pace I of 3 THE CITY, ARISING FROM OR RELATED TO,IN ANY WAY, MANNER OR FORM,FROM THE ACTIVITIES CONTEMPLATED UNDER THIS AGREEMENT. THIS RELEASE SHALL SURVIVE THE TERMINATION OR VOIDANCE OF THIS AGREEMENT. 6. Entity shall procure and carry, at its sole cost and expense through the life of this Agreement, liability coverage with the Texas Risk Pool as stated in the "Texas Risk Pool Certificate of Liability Coverage" attached hereto. Entity shall provide to the City proof of the below-described insurance or coverage on or before fourteen(14) days prior to the expiration date of each expiring policy, and cause each required policy to require the insurer to (i) give notice to the City, as specified herein, of tennination of any such policy sixty (60) days before such termination is to be effective; and (ii) contain a waiver of any and all of the insurer's rights to subrogation that any such insurer or insurers may acquire by virtue of payment of any loss under such insurance. 7. Entity shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Entity shall maintain said coverage throughout the term of the Contract and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Entity maintains said coverage. Any tennination of worker's compensation insurance coverage by Entity or any cancellation or nonrenewal of worker's compensation insurance coverage for Entity shall be a material breach of this Agreement. 8. The relationship between the City and the Entity is at all tunes solely that of contractor/contractee, and may not be deemed, in any event, a partnership or a joint venture and conveys no other rights or privileges. 9. The execution,delivery and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by all requisite corporate action on the part of the Entity. 10. The parties agree hereto that all payments made pursuant to this Agreement must be made from current revenues available to each respective party 11. The term of this Agreement shall be for six (6) years, beginning on November 5, 2019 CITY OF LUBBOCK, TEXAS: ENTITY: BY: ; ��51-1� DANIEL M. P PE, MAYOR Name: o y &4ss ql-T Title: C, �F PF P?L-z-cC- Date executed: November 5, 2019 Date executed: s DA,Z/Zo)� LPD FIRING RANGE INTERLOCAL AGREEMENT Page 2 of 3 ATTEST: Retie ka arza, City Secret in A RO S TO CONTENT: r h a ell, Assistant Chief of Police APPROVED AS TO FORM: Jef rtsell, Deputy City Attorney CityAtVJeff,'Contracts-Agreements'Police Academy Interlocal Agreement-Frenship ISD September 27,2019 LPD FIRING RANGE INTERLOCAL AGREEMENT Page 3 of 3 L.P.D. RANGE RULES 1. Only persons authorized by the academy Lieutenant or Captain may possess firing range/obstacle course keys. Keys will be available at the Academy for officers to borrow. These keys will be returned immediately after using the facilities. If the academy is not open officers will place the keys in the drop box located outside the front doors of the academy. The firing range classroom keys will be placed in the lockbox located on the washroom-building wall before leaving the premises. Officers will not loan their key to any other person. 2. No firing/bomb range, obstacle course or classroom key may be made or issued without authorization of the academy Lieutenant or Captain. ALL use of the firing ranges, obstacle course, bomb range or any other facilities located on the firing range property must be scheduled through academy personnel (during normal academy hours)prior to use, regardless of the day, date or time of the anticipated use. 3. No incendiary, explosive or heat generated devices (other than traditional small arms ammunition being fired from firearms, i.e. pistols, shotguns& rifles) or open flame may be used on any portion of the firing/bomb ranges or obstacle course property when a City of Lubbock or Lubbock County burn ban is in effect, or if sustained wind speeds are over 20 miles per hour, unless and as authorized by the Academy Lieutenant or Captain. a. If there are exigent circumstances and there is no time to seek authorization, explosives may be disposed without prior authorization. However, the Academy Lieutenant or Captain will be notified as soon as practicable. b. Any holes or depressions made in the ground will be refilled with dirt before the bomb technician leaves the range. 4. A minimum of two authorized persons shall be on the firing/bomb range being used or obstacle course when it is being used. 5. Authorized persons are sworn officers of the LPD, sworn law enforcement officers from other agencies as approved by the academy Lieutenant or Captain when they have properly scheduled their time at the facility, and others as approved by the academy Lieutenant or Captain. 6. No rifles may be fired on the pistol range. 7. Rifles may be fired only on the rifle range. 8. Only personnel trained to operate the target system may operate it. 9. While on the firing range a ballistic vest, eye and hearing protection and a hat with a brim are required to be worn by all persons on the range at all times while firing is being conducted. 10. Prior to leaving the firing line on the range, the firearms instructor is responsible for ensuring that all weapons are safe and clear of any ammunition. For any firearms use on the range while off duty, each person present is responsible for ensuring that all weapons are safe and clear of any ammunition prior to leaving the firing line on the range. 11. Do not drive or park vehicles on the concrete outside the firing ranges. 12. No horseplay 13. Clean the range (properly dispose of brass and trash) and properly store any target materials when you have concluded your training. 14. Ensure that all facilities used (restrooms, control rooms etc.) are secured before leaving. 15. Agencies from outside the Lubbock Police Department shall furnish a letter from their agency head stating the purpose of the training. 16. Outside agencies are limited to 4 training sessions per month. (rev 10-12-16) AC<�IIIR& TEXAS RISK POOL CERTIFICATE OF LIABILITY COVERAGE DATE I"DJYYYY) 09.25.2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE RISK POOL BELOW. THIS CERTIFICATE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING RISK POOL,AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL COVERED ENTITY I PERSON,the policy(ies)must have ADDITIONAL COVERED ENTITY! PERSON provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the coverage, certain terms of coverage may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT N [NSURICA DFB Insurance Group,LLC AME:Grant Smith I Darinda BrogdonPHONE FAX(AlC, P O Box 2169 (AIC,No,Ext):806.3744G21 No): Amarillo TX 79105-2169 E-MAIL ADDRESS: PRODUCER CUSTOMER 10:152-907 RISK POOL AFFORDING COVERAGE COVERED ENTITY/PERSON RISK POOLA:Property Casualty Alliance of Texas PCAT Frenship ISD P O Box 100 RISK POOL B: Wolfforth TX 79382-0100 RISK POOL C: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER THIS IS TO CERTIFY THAT THE COVERAGES LISTED BELOW HAVE BEEN ISSUED TO THE COVERED ENTITY I PERSON NAMED ABOVE FOR THE COVERAGE PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE COVERAGE DOCUMENTS DESCRIBED HEREIN ARE SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH COVERAGE DOCUMENTS.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 111,13R11TYPEOFCOVERAGE ANSU SUB I EFFECTIVE DATE(MWDDIYYYY) EXPIRATION DATE(MMIDDIYYYY) LIMITS LTWVD GENERAL LIABILITY EACH OCCURRENCE 51,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence 55W.000 A CLAIMS-MADE FX]OCCUR MED EXP(Any one person) 5-0- 9.1.2019 9.1.2020 PERSONAL&ADV INJURY S1.000.000 GENERAL AGGREGATE $1,000,000 PRODUCTS-COMP/CP AGG 51,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: EMPLOYEE BENEFITS LIAB S X POLICY PRO PROJECT LOC S AUTOMOBILE LIABILITY Ea accident 51.000,000 ANY AUTO BODILY INJURY Perperson) S AALL X SCHEDULED 9.1.2019 9,1.2020 OWNED AUTOS 8061LYINJURY Per acciden!J S AUTOS X NON-OWNED 5 AUTOS (Per accident IX HIRED AUTOS S PER OTH• STATUTE I ER WORKERS COMPENSATION NIA E.L.EACH ACCIDENT S AND EMPLOYERS'LIABILITY E.L.DISEASE-EA EMPLOYE S E.L.DISEASE-POLICY LIMIT I S I 5 S DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Rerruirks Schedule,rnay be attached if mom space Is required) Frenship ISD PD use of facilities CERTIFICATE:HOLDER CANCELLATION Lubbock Police Department Firing Range SHOULD ANY OF THE ABOVE DESCRIBED COVERAGES BE CANCELLED 11602 W 19th Sl BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Lubbock TX 79416 ACCORDANCE WITH THE PROVISIONS IN THE COVE CUMENTS. AUTHORIZED REPRESENTATIVE ©2012,2015 ACORD CORPORATION. All rights reserved. ACORD 855 TX(2015102) The ACORD name and logo are registered marks of ACORD PCAT Certificate Guidelines Property Casualty Alliance of Texas (PCAT) is a risk sharing cooperative formed by Texas Public Entities pursuant to the Interlocal Cooperation Act, Chapter 791,Title 7 of the Texas Government Code. PCAT is not an insurance company. Texas Public Entities occasionally get requests from non-governmental entities to issue Certificates of Insurance and to be named as 'Additional Insured.' Since PCAT is not an insurance company, we will issue a Certificate of Coverage rather than a Certificate of Insurance. Because the School is immune from all tort actions, except those arising from the use of a motor vehicle, most indemnification clauses have the School assuming an obligation to pay claims that could not be made against it. Texas law is clear that the School cannot contractually assume liability for another entity that exceeds the liability that the School would have in the same situation. because to immunize a non- public entity is a gift of public funds and is Prohibited by the Texas Constitution. For this reason, we are unable to name anyone as an Additional Insured. In addition to the above, as a public entity in the State of Texas. schools are prohibited from indemnifyhnq a private entity. The following language should be considered as an insert to all third party agreements in lieu of standard hold harmless agreements: "[School] is an independent school district organized pursuant to Section 11.011 of the Education Code and as such, 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 Remedies Code. Nothing in the Agreement is or shall be interpreted to require [School] to indemnify [Private Entity] or to constitute a waiver of that immunity." While it does not provide an explanation, another way of handling this is to include the following language In all contracts: "...to the extent permitted by the Constitution and laws of the State of Texas" Contact your Agent if there are any questions on the above. Nothing stated herein is a legal opinion. The School should consult their legal counsel prior to execution of any third party contracts.