Loading...
HomeMy WebLinkAboutResolution - 2012-R0230 - Interlocal Agreement - Lubbock Police Department Facilities - 05/30/2012Resolution No. 2012-RO230 May 30, 2012 Item No. 5.34 RESOLUTION E 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 xecute for and on behalf of the City of Lubbock, an Interlocal Agreement for use of ubbock Police Department Facilities, by and between the City of Lubbock and Lubbock 'aunty, and related documents. Said Agreement is attached hereto and incorporated in us resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on ATTEST: —P Rebe.caGarza�City Secretary APPROVED AS TO CONTENT: � � r i Roger Ellis, Chief of Police (APPROVED AS TO FORM: Uniform facsimile Signature of Public Otflalels dict, Ch. 616, Tx Gov't Code Resolution No. 2012-RO230 INTERLOCAL AGREEMENT This Interlocal Agreement (the "Agreement") is entered into on this 30th day of may , 2012, 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 Lubbock County, Texas, a political subdivision of the State of Texas (the "Entity"). WHEREAS, a the City of Lubbock owns and operates a Firing Range, Bomb Range, Tactical Training Building, Obstacle Course and Police Training Facility located at 11602 W. 19'' Street, Lubbock, TX and Classroom Facilities located at 508 Davis Drive, Lubbock, TX (the "Facility"); and WHEREAS, the Entity is in need of certain facilities, which may include the pistol range, rifle range, Bomb Range, Tactical Training Building, Obstacle Course, Equestrian Training Area and Classroom Training facility, to train its employees in law enforcement techniques; and WHEREAS, the Entity acknowledges that the Facility is acceptable for its required personnel training requirements and as such, desires to train its employees at the Facility; 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 Facility 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 terminate this Agreement as provided herein, this Agreement shall cease as if the day of the terminating 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 Facility 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 Facility 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 form, the act or omission of the Entity's employees or to any guests or observers accompanying the Entity's employees LPD FIRING RANGE INTERLOCAL AGREEMENT Page I of 3 5. The City, and its respective officers, employees, elected officials and agents, shall not be liable, and the Entity hereby releases the City, and its respective officers, employees, elected officials and agents, for, from and/or against any losses, damages, claims or liabilities to company, on any theory of legal liability, including, but not limited to the negligence, of any type of degree, or fault, of the City, arising from or related to, in any way, manner of form, the unenforceability or voidance, for any reason, of all or any part of 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, insurance protection as hereinafter specified, in form and substance satisfactory to the City, carried with an insurance company authorized to transact business in the State of Texas, covering all foreseeable aspects and operations in connection with this Agreement. A Certificate of Insurance specifying each and all coverages shall be submitted to the City prior to the execution of this Agreement. Entity shall provide to the City proof of the below -described insurance 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 termination 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. A. Comprehensive General Liability Insurance. Entity shall have comprehensive general liability insurance, with limits of $500,000.00 combined single limit in the aggregate and per occurrence and shall include Police liability. The City shall be named as an additional insured in such policy. B. Worker's Compensation. 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 termination 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. 7. The relationship between the City and the Entity is at all times 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.. LPD FIRING RANGE INTERLOCAL AGREEMENT Page 2 of 3 8. 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. 9. The parties agree hereto that all payments made pursuant to this Agreement must be made from current revenues available to each respective party 10. The term of this Agreement shall be for six (6) years, beginning on May 30 , 2012. Offtiais Act, Ch. 615, 1 X uOC Luvc ATTEST: RRec Garza, City Secret ry APPROVED AS TO CONTENT: Rog r Ellis, Chief of Police APPROVED AS TO FORM: i s ' t Cit Attorney ENTITY: BY: J44W Name: Softas V. Road Title: Oyh44 J44e- Date executed: 3-� . Zoe z APPROVED A T CONTENT: R Kealy S. Ro Lubbock County Sheriff �'W)l;D A T4 F 10 ed. t u -r CIVIL nrns3ON. Gh ie LUBBOCK COUNTY DiSTRCCT ATMRNSY LPD FIRING RANGE INTERLOCAL AGREEMENT Page 3 of 3 L.P.D. RANGE RULES 1. Only persons authorized by the police academy captain or sergeant may possess firing range, tactical training building, obstacle course, or classroom 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 range, tactical training building, obstacle course or classroom key may be made or issued without authorization of the academy captain or sergeant. 3. ALL use of the firing range, bomb range, tactical training building, obstacle course, classroom 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 generating 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 range, bomb range, 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 captain or sergeant. a) if there are exigent circumstances and there is no time to seek authorization, explosives may be disposed of without prior authorization. However, the academy captain or sergeant 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. 5. A minimum of two authorized persons shall be on the firing range, bomb range, tactical training building, or obstacle course when being used. 6. Authorized persons are sworn officers of the LPD, sworn law enforcement officers from other agencies as approved by the academy captain or sergeant when they have properly scheduled their time at the facility, and others as approved by the academy captain or sergeant. 7. No rifles may be fired on the pistol range. 8. Rifles may be fired only on the rifle range. 9. Only personnel trained to operate the target system may operate it. 10. 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. 11. No horseplay. 12. Clean the range (properly dispose of brass and trash) and properly store any target materials when you have concluded your training. 13. Ensure that all facilities used (restrooms, control rooms etc.) are secured before leaving. 14. Outside agencies are limited to 4 training sessions per month. (Revised 8-11-09) fhb�►lo of TEXAS Regular City Council Meeting 5.0. Meeting Date: 05130/2012 Information Agenda Item Consider a resolution authorizing the Mayor to execute an Interlocal Agreement between the City of Lubbock and County of Lubbock, Texas for use of the facilities at the Lubbock Police Department Firing Range. Item Summary This interlocal agreement between the City of Lubbock and the County of Lubbock is for the use of the Lubbock Police Department Firing Range, Bomb Range, Tactical Training Building, Obstacle Course and Police Training Facility located at l 1602 W. 19th Street Lubbock, Texas and Classroom Facilities located at 508 Davis Drive. This agreement allows employees of the County of Lubbock to enter the facilities for training purposes. The term of the agreement shall be for six years. Fiscal Impact No fiscal impact. Staff/Board Recommending Roger Ellis, Chief of Police Attachments Ellis - Lubbock County Firing Range Agreement