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HomeMy WebLinkAboutResolution - 2004-R0181 - Interlocal Agreement - Lubbock Reese Redevelopment Authority (LRRA) - 04/06/2004Resolution No. 2004-R 0181 April 6, 2004 Item No. 40 RESOLUTION BE IT RESOLVED THAT 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 Agreement between the City of Lubbock and Lubbock Reese Redevelopment Authority (LRRA) for use in the V-22 Osprey Field Testing Project, and any other related documents. Said Interlocal 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. THAT all funds for personnel services received from this Agreement will be deposited into the miscellaneous revenue account to be used to cover the cost of overtime incurred by staff. All funds related to equipment lease, received from this Agreement and any future agreements, shall be deposited in the "Air Rescue Fees" account, 100.6465 for tracking purpose. THAT a reservation of fund balance shall be established in account 100.5649 titled "Airport Rescue Fire Fighter (ARFF) Training Reserve" for the purpose of funding future equipment maintenance, chemical agent replacement, fuel costs and other miscellaneous expenses related to the Airport Rescue Fire Fighter training program and related programs. Annually, all monies collected and deposited into revenue account number 100.6465 shall be reserved in the ARFF Training Reserve account 100.5649. Requests to spend the reserved funds will be accomplished through the budget process and removed from the reservation upon budget approval. Passed by the City Council this 6th ATTEST: Rebe ca Garza, City Secretary day of April , 2004. APPROVED AS TO CONTENT: Steve Hailey, Fire APPROVED AS TO FORM: ohn Knight,,Wlstant-City Attorney as/CityAtt/John/Resolutions/LRRA & Lubbock Fire Dept. March 26, 2004 Resolution No. 2004-RO181 April 6, 2004 Item No. 40 INTERLOCAL FIRE PROTECTION AGREEMENT AGREEMENT made this 23`d day of March, 2004, at Lubbock, Texas, between THE LUBBOCK REESE REDEVELOPMENT AUTHORITY, a Texas political subdivision (the "LRRA") and LUBBOCK FIRE DEPARTMENT, 1515 East Ursuline; Lubbock, TX 79407,(the "Professional / Contractor") will provide personnel and equipment for the V-22 Osprey Field Testing Project. RECITALS A. This Agreement is made under the authority granted by and pursuant to Chapter 791 of the Texas Government Code, as amended. B. The LRRA was created for the purpose of the redevelopment of the former Reese Air Force Base. C. The LRRA is currently engaged in the master planning and the redevelopment of Reese Air Force Base as a technology and research park known as "Reese Technology Center" and desires to engage the services of the Professional / Contractor, as an independent contractor and not as an employee, to assist in the project and to render their services on the terms and conditions provided in this Agreement. D. The Professional / Contractor desires to render professional services for the LRRA on the terms and conditions provided in this Agreement. THEREFORE, the parties agree as follows: Term: This Agreement shall be effective commencing on April 5 — May 7, 2004, and shall continue in effect until completion of the services as set forth in Exhibit A hereto, or until it has been terminated by either party by giving thirty (30) days' written notice to the other party. 2. Services; Scope of Work: The services to be rendered by the Professional / Contractor and the related scope of work are as set forth on Exhibit "A" attached hereto. The services to be rendered pursuant to the scope of work are performance-based as set forth therein and the Professional / Contractor shall be judged based upon the results achieved and services and goods delivered on the agreed time schedule. 3. Fee: For services to be rendered under this Agreement, the Professional / Contractor shall be entitled to a fee based upon the fee schedule set forth on Exhibit "A" attached hereto. 4. Devotion of Time: The Professional / Contractor shall devote such time as is reasonably necessary for a satisfactory performance of its duties under this Agreement. 5. Entire Agreement: This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting this subject matter. AGREEMENT FOR PROFESSIONAL / CONTRACTOR SERVICES PAGE I LUBOCK FIRE DEPARTMENT 6. Assignment: Neither this Agreement nor any duties or obligations under it shall be assignable by the Professional / Contractor without the prior written consent of the LRRA. In the event of any assignment by the Professional / Contractor to which the LRRA has consented, the assignee or the assignee's legal representative shall agree in writing with the LRRA to personally assume, perform, and be bound by all the covenants, obligations, and agreements contained in this Agreement. 7. Successors and Assigns: Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors, and assigns. 8. Attorney's Fees: If any action or law or in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party may be entitled to reasonable attorney's fees in addition to any other relief to which it may be entitled. 9. Governing Law; Jurisdiction; Venue: The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the parties, shall be governed by the laws of the State of Texas. Each of the parties hereto consents to the jurisdiction of the state courts of the State of Texas, Lubbock County, and to the Federal District Court, Northern District of Texas, Lubbock Division, and agrees that venue shall be proper in such courts in Lubbock County, Texas. 10. Amendment: This Agreement may be amended by the mutual agreement of the parties to it, in a writing to be attached to and incorporated in this Agreement. 11. Legal Construction: In the event that one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalid, illegal, or unenforceability shall not affect any other provisions, and the agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. 12. Miscellaneous: The Owner serves from time to time as a contractor for the United States government. Accordingly, if the Professional / Contractor provides goods or services in connection with such contracts, it shall comply with federal laws, rules and regulations applicable to subcontractors of government contracts, as amended or modified, including those relating to: (1) Equal Employment Opportunity and Affirmative Action in the employment of minorities (Executive Order 11246 ) (2) Equal Employment Opportunity and Affirmative Action in the employment of Women (Executive Order 11375) (3) Equal Employment Opportunity and Affirmative Action in the employment of Persons with Disabilities (29 USC 706) (4) Certain Veterans (38 USC 4212 formerly [2012]) contracting with business concerns with small disadvantaged business concerns (Publication L. 95-507). Contract clauses required by the Government in such circumstances are incorporated herein by reference. (5) For construction or repair of buildings the Davis -Bacon Act (40 USC 276A) must be enforced. As a condition of this agreement it is required that the wages paid must fall AGREEMENT FOR PROFESSIONAL / CONTRACTOR SERVICES PAGE 2 LUBOCK FIRE DEPARTMENT within the Davis Bacon Act Guidelines. Parties may be required to present proof of the wages paid on this job. Executed at Lubbock, Texas, to be effective the day and year first above written. LUBBOCK REESE REDEVELOPMENT E 'c Williams, Executive ctor CITY OF L ATTEST: Rebe ca Garza, City Secretary APPROVED AS TO CONTENT: Steve ailey, Fire C r,� ohn M. Knight, As ' ant Cit ttorney as//CityAtt/John/Contracts/LRRA & Lubbock Fire Department— Agreement GAL, MAYOR AGREEMENT FOR PROFESSIONAL / CONTRACTOR SERVICES PAGE 3 LUBOCK FIRE DEPARTMENT Resolution No. 2004-R0181 April 6, 2004 Item No. 40 EXHIBIT "A" Mr. Eric Williams Executive Director, LRRA Lubbock Reese Redevelopment Authority Lubbock, Texas Re: Proposal to Provide Fire Protection For Osprey Testing at Reese Technology Center Mr. Williams, Please consider this to be an official bid from the City of Lubbock Fire Department to provide Aircraft Rescue Fire Fighting services at Reese Center starting in April of 2004. Although the exact time period has not been established, this offer should serve through out the previously discussed 2-8 weeks. The bid includes the following charges and services. 1. 5 members of the Lubbock Fire Department currently certified by the Texas Commission on Fire Protection in Aircraft Rescue Fire Fighting. All of these individuals are currently serving in an ARFF capacity either at Lubbock International Airport or at one the two stations that provide back up for the ARFF station. These individuals will consist of 1 Officer (Captain or Lieutenant), 2 Driver Equipment Operators, and 2 Fire Fighters. The costs for these 5 individuals will be as follows: Hourly rate- $128.76 Per day- (based on 12 hour days) $1545.12 Per week- (based on 7 days per week) $10,815.00 Per month- (based on 12 hrs. per day 7 Days a week) $43,263.36 Equipment as follows: 2. 1 1985 -year model Oshkosh Aircraft Rescue Fire Fighting truck. This truck carries 1000 gallons of water and 150 gallons of 6% Aqueous Film Forming Solution (firefighting foam) 3. 1. Triple combination fire engine equipped with a 1250 GPM pump, 500 gallons of tank water, hose and an assortment of ladders. 4. 1. Foam trailer that carries 500 gallons of AFFF the same as described above, this trailer also has two 150' pre connected 11/2" hand lines, a mounted deck gun with YC'U4- I-U&I/ a discharge rate of 500 GPM with a reach of approximately 120'. After touring the Facility on 3-3-04 we feel we can position the trailer a safe distance from the aircraft and still be effective in fire fighting operations. Also this trailer is towed by another truck, which carries 500 gallons of water. (These two are considered as one unit) The cost for these 3 pieces of equipment will be as follows: Per day- $300.00 Per week (based on 7 days) $2100.00 Per month (based on 7 days per week) $9000.00 The total for these services and equipment based on 30 days would be $52263.36 Please feel free to contact Chief Steve Hailey, Deputy Chief Rhea Cooper or Captain Kelly S. Morman, if you have any questions. We look forward to working with you and the Osprey program. Respectfully, Rhea Cooper Deputy Chief of Operations