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HomeMy WebLinkAboutResolution - 2015-R0299 - Amendment To Contract - Soth Plains College - Use Fire Dept Training Facilities - 09/10/2015Resolution No. 2015-R0299 Item No. 6.29 September 10, 2015 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 Amendment to a Contract for Use of Fire Department Training Facilities by South Plains College, by and between the City of Lubbock and South Plains College, and related documents. Said Amendment to Contract 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 September 10, 2015 ATTEST: Rebe a Garza, City Secretary kj APPROVED AS TO CONTENT: -7;//1.'/ Mike Kemp, Fire Ch of APPROVED AS TO FORM: GLE C. ROBERTSON, MAYOR City Attorney RES.Contract Amend.Fire Training Facilities -SPC 8.7.15 Resolution No. 2015-RO299 STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § AMENDMENT TO CONTRACT This Amendment to Contract ("Amendment") is entered into by the CITY OF LUBBOCK (referred to herein as "City"), and SOUTH PLAINS COLLEGE (referred to herein as "South Plains"). WHEREAS, City and South Plains executed a License Agreement for Use of Fire Department Training Facilities by South Plains College (the "Contract') on the 271h day of February, 2014, in which City agreed to make certain fire training facilities available to South Plains; and WHEREAS, City and South Plains desire to amend said Contract at this time, so as to clarify certain duties and responsibilities of the parties. NOW THEREFORE, City and South Plains agree to amend the Contract as follows: (1) Section IX(B)(6) is amended to read as follows: "provide liability insurance 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 not be less than $500,000.00 per occurrence for personal injury or death, and not less than $250,000.00 for each person pursuant to § 101.023 of the Texas Tort Claims Act. To the extent permitted by law, all insurance required under this Agreement will name the City of Lubbock, Texas as an additional interest. No such policy shall be subject to cancellation or reduction of coverage or other modifications except upon at least ninety (90) days written notice to the City. South Plains shall deliver to City a waiver of subrogation in favor of the City of Lubbock, binding upon South Plains and its general liability carrier." The parties hereto agree that all other terms, conditions, and provisions of the Contract shall remain unchanged and in full force and effect, and that to the extent of any conflict between the underlying Contract and this Amendment, the terms of this Amendment shall control. IN WITNESS WHEREOF, the parties hereto execute this Amendment on the day and year of the last party signature as set forth below. CITY OF LUBBOCK, TEXAS By: Ze6lz GLEN SON, MAYOR ATTEST: Ref + Garza, City Secretary APPROVED AS TO CONTENT: Mike Kemp, Fire Chi6f JILVAM� AS TO F SOUTH PLAINS COLLEGE By: W4,L /KELVIN W. SHARP, Plesid nt AeC> OM TEXAS RISK POOL CERTIFICATE OF LIABILITY COVERAGE DAos/otno� s Y) 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. UMI IS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 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 terms of coverage(s) must be endorsed. It 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 Brenda File NAME: Willis of Texas, Inc. PHONE 806.645-3671 pIC a: 806-376-5138_ 1800 S Washington Suite 400 o&Ess• bmnda.fite@wlllis.com Amarillo, TX 79102 PRODUCER TONER D• X COMMERCIAL GENERAL DAINURY ' RISK POOL AFFORDING COVERAGE COVERED ENTRY r PERSON RISK POOL A: Texas Association of Public Schools South Plains College _RISK POOL B: P.O. Box 876 RISK POOL C: Levelland, TX 79336 -- COVERAGES CERTIFICATE NUMBER: TX103360 REVISION NUMBER: 002 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. UMI IS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILSR TYPE OF COVERAGE EFFECTIVE DATE (MMI DMYY) EXPIRATION DATE(MMIDDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE E 1,000,000_ X COMMERCIAL GENERAL DAINURY PREMISES Ea.,na ea S 1,000,000 MEDEXP(Any.,elsmr) $ CLAWS -MADE 1:1 OCCUR PERSONAL B ADV INJURY $ 1,00_0,000 A 09/01/2015 09/01/2016 CENERALAGGREGATE S 1,000,000 PRODUCTS-cOMPJoPAoe s 1,000,000 EMPLOYEE BENEFITS LAID $ GEN'L AGGREGATE LIMIT APPLIES PER: X POUCY PRP n LOC JECT $ AUTOMOBILE LIABILITY MBINED CEe eaitlon SINGLE LIMIT _ BODILY INJURY Per Wrtaml $ ANYAUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY PeracNdem $ -' NON -OWNED HIREDAI AUTOS PROPERTY G (Pera¢idenl SH _ $ - A Excess Liability 09/0112015 09/0112016 $1,000,000 DESCRIPTION OF OPERATIONS J LOCATIONS f VEHICLES (ACORD 101, Addribmal Ramada; Schedule, maybe attached If more s"ce Is mqulmd) South Plains College through its general liability Carrier, the Texas Association of Public Schools Property and Liability Fund, will provide a defense for the City of Lubbock Fire Rescue if there is a claim or lawsuit jointly against South Plains College and the City of Lubbock Fire Rescue arising out of the training of students for basic fire suppression certification per contract. However, no settlement nor judgment will be paid in behalf of City of Lubbock Fire Rescue by South Plains college or its general liability carrier. A waiver of subrogation applies in favor of the holder. City of Lubbock Fire Rescue is Included as an additional Interest. City of Lubbock Fire Rescue 1515 East Ursuline Lubbock,Texas 79403 SHOULD ANY OF THE ABOVE DESCRIBED COVERAGES BE CANCELLED BEFORE THE EXPIRATION DATE THERE F, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH TME PROVISION$ IN ffHE COVERAGE DOCUMENTS. AUTHORIZED © 2012 ACORD ACORD 855 TX (2012108) The ACORD name and logo are registered marks of ACORD TAPS CERTIFICATE PROCEDURES The Texas Association of Public Schools Property and Liability Fund is not an insurance company. It is a risk sharing arrangement among Texas Public Entities enabled by the Interlocal Cooperation Act, Chapter 791, of the Texas Government Code. The coverage agreement Issued to TAPS members is NOT an insurance contract. Thus, our certificates are titled Certificate of Coverage rather than Certificate of Insurance. TAPS understands contracts occasionally entered Into by a TAPS member may request a non-governmental entity be named as an "Additional Insured". Since TAPS is not an insurance company, we must add the entity as an "Additional Interest". The member may issue their own certificates as needed. However, TAPS does require the member understand the following prior to Issuance: As a public entity in the State of Texas, the District is prohibited from indemnifying a private entity, The following language should be considered as an insert to all third party agreements in lieu of standard hold harmless agreements: "[District) 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 [District] to Indemnify (Entity) or to constitute a waiver of that immunity." Because the District is immune from all tort actions, except those arising from the use of a motor vehicle, most indemnification clauses have the District assuming an obligation to pay claims that could not be made against it. Texas law Is clear that the District cannot contractually assume liability for another entity Please note the TAPS Coverage Document does include the following clause in the General Liability section "Who is Covered". 1. Any person or organization with whom you agreed, pursuant to a written or oral covered contract, to provide coverage such as is afforded under this coverage document, but only with respect to your operations, your work, or facilities owned or used by you. a. This provision applies only: (1) If the Injury or damage occurs subsequent to the execution of such covered contract; and (2) While such covered contract is in force, or until the end of the coverage period, whichever is earlier; and (3) To any person or organization not a member under any endorsements forming a part of this coverage document. b. In addition to the foregoing, none of the following are members: (1) Lessors of equipment with respect to injury or damages arising out of such lessor's sole negligence; (2) Owners, managers, or lessors of land or premises, with respect to; (a) Any occurrence or offense which takes place after you cease to lease such land, or you cease to be a tenant of that premises; or (b) Structural alterations, new construction or demolition operates performed by or on their behalf. Under no circumstances is any entity to be named as "ADDITIONAL INSURED", Nothing stated herein Is a legal opinion. The District should consult their legal counsel prior to execution of any third party contracts.