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HomeMy WebLinkAboutResolution - 4065 - Agreement For Specialized Emergency Service With Abernathy And Wolfforth. - 01/14/1993Resolution No. 4065 January 14, 1993 Item #29 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 Agreement by and between the City of Lubbock, Texas, and the City of Abernathy, Texas, for providing specialized emergency service, attached herewith, which 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 th4e ATTEST: c C666e— Sally Sti Abbe, Acting City Secretary APPROVED AS TO CONTENT: (T-� tjlt� a � Don Stevens, Fire Chief APPROVED AS TO FORM: an L--.-,,Snotts, jr., iria JES:da/AGENDA-D 1 /A-ABRNTY.res December 22, 1992 1 Lith Anv of Jnnitnry Resolution No. 4065 STATE OF TEXAS § AGREEMENT COUNTY OF LUBBOCK § THIS AGREEMENT is made and entered into pursuant to the Interlocal Cooperation Act, V . T . C . A . Government Code, Chapter 791, by and between the City of Lubbock, Texas, and the City of Abernathy , Texas. WITNESSETH: WHEREAS, the governing bodies of the above named cities, both being political subdivisions of the State of Texas, desire to enter into an agreement whereby the City of Lubbock, Texas will provide to the City of Abernathy the services and assistance of the Lubbock Fire Department Hazardous Materials Response Team, SCUBA Dive Team, and Heavy Rescue Team; and WHEREAS, the governing bodies of the above named cities both acknowledge that the above listed services are provided by the Lubbock City Fire Department and are specialized emergency services; and WHEREAS, it is in the best interest of the citizens of both political subdivisions above named to cooperate with each other in the furnishing of such specialized emergency services; NOW THEREFORE: THE PARTIES HERETO DO AGREE AS FOLLOWS: 1. That the City of Lubbock will respond to requests- from the Fire Chief, his designee, or higher ranking official of the City of Abernathy for services and assistance of the Lubbock Fire Department by furnishing one or more of the following specialized services upon request: a. Hazardous Materials Response Team b. SCUBA Dive Team C. Heavy Rescue Team All responses to request for such specialized 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 which are within the corporate limits of the City of Abernathy The amount and type of equipment and the number of personnel furnished shalt be determined by the Fire Chief of the City of Lubbock or his designee. b. Officers of the City of Abernathy will retain responsibility for commanding and coordinating the overall emergency incident, but an officer of the Lubbock Fire Department shall have responsibility and authority for directing the services provided by the City of Lubbock, requesting additional support services from the City of Lubbock, if required, and will retain the authority to remove City of Lubbock personnel from any situation that in his judgment poses an unreasonable danger. C. The equipment and personnel of the City of Lubbock shall be released by the requesting City when their services are no longer required or when the responding units are required- in the City of Lubbock. d. That the requested specialized service is available for response at the time of the request. 2. That the City of Abernathy shall, from current revenues, reimburse the City of Lubbock for the salary expenses of responding personnel from the time of response to time of return to their station of assignment; and, for any necessary repair or replacement costs of - supplies and equipment contaminated or damaged in the provision of such services. Further, the City of Abernathy shall, from current revenues, reimburse the. City of Lubbock according to the following schedule to assist with training expenses and costs associated with the potential for injuries to response team personnel. (1) Hazardous Materials Response Team: $2,000 per response (2) SCUBA Dive Team: $1,500 per response (3) Heavy Rescue Team: $1,500 per response 3. Either party to this agreement shalt have the right to terminate this agreement upon thirty (30) days written notice- to the other party. 2 4. Each party to this agreement hereby waives all claims against the other party for compensation for any personat injury or death to their employees occurring as a consequence of the performance of this agreement. 5. Any civil liability related to the furnishing of services under this agreement is the responsibility of the party which would be responsible. for - furnishing the services absent this agreement. 6. All equipment used by the City of Lubbock in carrying out this agreement will, at the time of actions hereunder, be owned by such City; and all personnel responding for the City of Lubbock under this agreement will, at the time of action hereunder, be employees of such City. 7. Services furnished by the City of Lubbock under this agreement shall be deemed furnished to the requesting governmental body upon dispatch by the City of Lubbock of any of the units above listed. 8. This agreement shaft become effective on the 19 day of 9. This agreement shall automatically be renewed each year unless cancelled as hereinabove provided. 1C. The purpose of this agreement is to provide specialized emergency services upon request to the citizens of the City of Abernathy and to provide fair compensation to the City of Lubbock for providing such services. 11. Nothing in this agreement shall prohibit the City of Abernathy from requesting the services contemplated by this agreement from a private source when- such services are available-.. 12. This agreement contains the entire agreement- of the parties hereto and is not to be construed as: including fire suppression or fire prevention services. 13. This agreement shall be construed under the. laws of the State of Texas. pc-6 13 K� Executed this 14th day of ATTEST: Ranette B y , City Secretary APPROVED AS TO CONTENT: Z)on ZLd — Don Stevens, Fire Chief APPROVED AS TO FORM: n C. Ross, Jr., City Attorney ATTEST: ( ity Secretary JCR:da/ INST-D8/A-FIRE. doc August 5, 1992 CITY OF Abernathy , TXXAS r 0 4 Resolution No. 4065 January 14, 1993 Item #29 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 Agreement by and between the City of Lubbock, Texas, and the City of Wolfforth, Texas, for providing specialized emergency service, attached herewith, which 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 th ATTEST: SaTTY Still Abbe, Acting City Secretary APPROVED AS TO CONTENT: ,Z)m '4W4�07 Don Stevens, Fire Chief APPROVED AS TO FORM: , jr., aria JES:da/AGENDA-DI /A-WOLFtH.res December 22, 1992 ey th day of January 0 . 1993. Resolution No.4065 STATE OF TEXAS § AGREEMENT COUNTY OF LUBBOCK § THIS AGREEMENT is made and entered into pursuant to the Interlocal Cooperation Act, V . T . C . A . Government Code, Chapter 791, by and between the City of Lubbock, Texas, and the City of Wolfforth , Texas. WITNESSETH: WHEREAS, the governing bodies of the above named cities, both being political subdivisions of the State of Texas-, desire to enter into an agreement whereby the City of Lubbock, Texas will provide to the City of Wolfforth the services and assistance of the Lubbock Fire Department Hazardous Materials Response Team, SCUBA Dive Team, and Heavy Rescue Team; and WHEREAS, the governing bodies of the above named cities both acknowledge that the above listed services are provided by the Lubbock City Fire Department and are specialized emergency services; and WHEREAS, it is in the best interest of the citizens of both political subdivisions above named to cooperate with each other in the furnishing of such specialized emergency services; NOW THEREFORE: THE PARTIES HERETO DO AGREE AS FOLLOWS: 1. That the City of Lubbock will respond to requests from the Fire Chief, his designee, or higher ranking official of the City of Wolfforth for services and assistance of the Lubbock Fire Department by furnishing one or more of the following specialized services upon request: a. Hazardous Materials Response Team b. SCUBA Dive Team C. Heavy Rescue Team All responses to request for such specialized 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 which are within the corporate limits of the City of Wolfforth The amount and type of equipment and the number of personnel furnished shall be determined by the Fire Chief of the City of Lubbock or his designee. b. Officers of the City of Wolfforth will retain responsibility for commanding and coordinating the overall emergency incident, but an officer of the Lubbock Fire Department shalt have responsibility and authority for directing the services provided- by the City of Lubbock, requesting additional support services from the City of Lubbock, if required, and will retain the authority to remove City of Lubbock personnel from any situation that in his judgment poses an unreasonable danger. C. The equipment and personnel of the City of Lubbock shall be released by the requesting City when their services are no longer required or when the responding units are required in the City of Lubbock. d. That the requested specialized service is available for response at the time of the request. 2. That the City of Wolfforth shall, from current revenues, reimburse the City of Lubbock for the salary expenses of responding personnel from the time of response to time of return to their station of assignment; and, for any necessary repair or replacement costs of supplies and equipment contaminated or damaged in the provision of such services. Further, the City of Wolfforth shall, from current revenues, reimburse the City of Lubbock according to the following schedule to assist with training expenses and costs associated with the potential for injuries to response team personnel. (1) Hazardous Materials Response Team: $2,000 per response (2) SCUBA Dive Team: $1,500 per response (3) Heavy Rescue Team: $1,500 per response 3. Either party to this agreement shall have the right to terminate this agreement upon thirty (30) days written notice to the other party. 2 4. Each party to this agreement hereby waives all claims against the other party for compensation for any personal injury or death to their employees occurring as a consequence of the performance of this agreement. 5. Any civil liability related to the furnishing of services under this agreement is the responsibility of the party which would be responsible for furnishing the services absent this agreement. 6. All equipment used by the City of Lubbock in carrying out this agreement will, at the time of actions hereunder, be owned- by such City; and all personnel responding for the City of Lubbock under this agreement will, at the time of action hereunder, be employees of such City. 7. Services furnished by the City of Lubbock under this agreement shall be deemed furnished to the requesting governmental body upon dispatch by the City of Lubbock of any of the units above listed. 8. This agreement shall become effective on the day of 19 9. This agreement shall automatically be renewed each year unless cancelled as hereinabove provided. 10. The purpose of this agreement is to provide specialized emergency services upon request to the citizens of the City of Wolff orth and to provide fair compensation to the City of Lubbock for providing such services. 11. Nothing in this agreement shall prohibit the City of Wolfforth from requesting the services contemplated by this agreement from a private source when such services are available. 12. This agreement contains the entire agreement of the parties hereto and is not to be construed as including fire suppression or fire prevention services. 13. This agreement shall be construed under the laws of the State of Texas. �q3 Q Executed this 14th day ATTEST: C�- slnvc a� Ranette yd, City Secretary APPROVED AS TO CONTENT: Z�� At�� — Don Stevens, Fire Chief APPROVED AS TO FORM: O;hn C. Ross, Jr., City Attorney ATTEST: (City Seiiretary) JCR:da/ INST-D8/A-FIRE.doc August 5, 1992 CITY OF Wolfforth , TEXAS (Mayor) 4