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HomeMy WebLinkAboutResolution - 2006-R0518 - Contract - Mesa Fire Department - Airport Rescue Fire Fighter Training Facility - 10/26/2006Resolution No. 2006-RO518 October 26, 2006 Item No. 5.15 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, a Contract between the City of Lubbock and Mesa Fire Department to utilize the Lubbock Fire Department Airport Rescue Fire Fighter Training Facility, and any other related documents. Said Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 26th day of ATTEST: Rebecca Garza, City Seeret APPROVED AS TO CONTENT: ;a Steve APPROVED AS TO FORM: asn.cdocs/Contract-Mesa Fire Dept. October 11, 2006 October 2006. Resolution No. 2006-80518 CONTRACT FOR USE OF FIRE DEPARTMENT TRAINING FACILITIES This Agreement is made this 19th day of September, 2006, by and between the City of Lubbock Fire Department (LFD), and City of Mesa Arizona Fire Department (MFD), on the following terms and conditions. I. RECITALS LFD is the owner of the following described real property (Property): The buildings, land on which the building is situated, control tower, burn pits and fixtures, including furniture, furnishings, and any and all equipment on the premises, and all else known as the Lubbock Fire Department Airport Rescue Fire Fighter (ARFF) Training Facility, located at Lubbock Preston Smith International Airport, located at 5400 N. MLK. Blvd., Lubbock County, Texas. MFD in partnership with LFD desires to exercise certain privileges upon the Property. It is mutually agreed by and between LFD and MFD and as follows: Contract for Use of Fire Department Training Facilities - Page I II. LICENSE MFD, in cooperation with LFD, shall have the right to use the property to train its employees in recurrent ARFF fire fighting training to fulfill the requirements set forth by the Federal Aviation Administration per CFR -139. III. TERM The term of this Agreement shall extend from November 15, 2006, through November 17, 2006. Thereafter, any extension of this agreement must be approved by all parties aforementioned. IV. CONSIDERATION In consideration for this agreement, LFD shall provide and or make arrangements to provide the following: 1. Classrooms (including audio-visual equipment) 2. Instructors 3. Burn Facilities (including fire fighting equipment, fuel, and water). 4. Transportation of students from the ARFF facilities to the airport terminal at the completion of daily training. 5. Lunch and refreshments for all students and instructors. 6. EMS Advanced life support standby. 7. Safety officer{officers. 8. Certificates. Contract for Use of Fire Department Training Facilities -'Page 2 In consideration of this agreement WD shall provide and or make arrangements to provide the following: Bunker gear inspections for al personnel involved in training, prior to training, meeting NFPA standards. 2. Instructors and safety officer. 3. Travel to and from the airport to the hotel/motel to the ARFF training facility, for all personnel required to attend. Also in consideration of this agreement LFD and MED have agreed to the following: The cost per student to attend the training will be $350.00 per student (based on a maximum of 8 hours per student) 2. MFD_will reimburse LFD for EMS standby charges of $50.00 per hour (time allotted to be agreed upon by LFD and MFD). 3. All training will be conducted in accordance with an Incident Action Plan that will be updated daily to reflect the schedule for that day. Unforeseen circumstances may constitute a re-evaluation of planned activities. 4. All live fire training will be conducted in compliance with the following NFPA standards pertaining to live fire training. Contract for Use of Fire Department Training Facilities - Page 3 NOT: 1003- Airport Fire fighter professional qualifications 1403- Exterior class B fres, live fire training evolutions 1142 -Water supply for suburban and rural fire fighting 1500- Fire fighter safety V. LIMITATIONS ON USE AND OCCUPATION OF PROPERTY LFD and MFD, its students, faculty, agents, representatives, and personnel shall 1. Drink alcoholic beverages; 2. Smoke; 3. Use, possess, sell or dispense any illegal drugs or medicines; 4. Engage in disorderly conduct; 5. Use the Property in a way other than is reasonably necessary for conducting the basic ARFF academy training exercises; 6. Allow anyone not in the academy, such as family members or friends of training participants, to come onto the Property, without prior approval of the parties hereto; 7. Commit or permit any act or acts in or on the Property or in any manner that will create liability or that will cause a cancellation of any insurance policy covering the Property, LFD, MWD, students, faculty, agents, representatives, or personnel; 8. Keep, leave, store or use personal property or permit any such product or article to be kept, held, stored, used, or sold in or on the Property; Contract for Use of Fire Department Training Facilities - Page 4 9. Commit any waste on the Property; 10. Maintain, commit, or permit the maintenance or commission of any nuisance on the Property; 11. Use the Property for any unlawful purpose; 12. Permit anything to be done in or about the Property that will in any way conflict with any law, ordinance, rule, or regulation, affecting the occupancy and use of the Property, that has been or may be enacted or promulgated by any public authority; 13. Commit, or cause to be committed, any waste on the Property; 14. Obstruct or interfere with the rights of LFD, MFD employees, or injure or annoy them; or 15. Allow the premises to be used for any improper, immoral, unlawful, or objectionable purpose. Any prohibited action taken is an automatic breach of this agreement justifying immediate termination by either party. VI. NOTICE A. General. Whenever notice from MFD to LFD, or LFD to MFD is required or permitted by this agreement and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand, (2) facsimile, or other reasonable means (in which case such notice shall be effective upon delivery), or (3) by Contract for Use of Eire Department Training Facilities - Page 5 depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. B. MFD Address. The address and numbers for the purposes of notice are: City of Mesa Fire Department Attn: Chuck Monroe P.O. Box 1466 Mesa, AZ 85211-1466 Fax (480) 644-3461 Chuck.Monroe@cityofinesa.org C. LFD Address. The address and numbers for the purposes of notice are: City of Lubbock Fire Department Attn: Kelly S. Morman ARFF Training Coordinator kmorman@mylubbock.us 1515 E. Ursuline Lubbock, Texas 79403 Fax (806)767-3031 Contract for Use of Fire Department Training Facilities - Page 6 D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party, referring specifically to this Agreement, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. VII. NONASSIGNABLE This agreement is personal to LFD and MFD. It is not assignable and any attempt to assign this contract will terminate the contract. VIII. TERMINATION If either party wishes to terminate this Agreement, it is understood that written notice shall be given to the other party at least thirty (30) days prior to the start of the academy, unless otherwise stated herein. IX. MUTUAL DUTIES LFD and MFD will jointly resolve any matter wherein the LFD desires to summarily exclude from the Property any person who is deemed undesirable or is deemed dangerous or disruptive to LFD employees or property. The provisions of this section notwithstanding, in all other matters which are the subject of this agreement, the parties hereby expressly state that it is their intent that each party shall maintain separate and distinct control over its duties under this agreement. Contract for Use of Fire Department Training Facilities - Page 7 1. DEFAULT AND TERMINATION Should LFD or MFD respective agents or representatives default in the performance of any provision of this Agreement, and not correct the default within ten (10) days after default, the nondefaulting party may declare this Agreement, and all rights and privileges and interests created by it, to be terminated. Upon nondefaulting party's electing to terminate, this Agreement shall cease and come to an end as if the day of nondefaulting party's election were the day originally fixed in this Agreement for its expiration, provided that, should defaulting party cure all defaults within the ten (10) day notice, this Agreement shall not be canceled. Nondefaulting party may, in its discretion, allow defaulting party more than ten (10) days to cure defaults if such time is, in the opinion of nondefaulting party, reasonably necessary or shortened where stated herein. 2. NONDISCRIMINATION LFD and MFD for themselves, its representatives, and agents, as a part of the consideration hereof, does hereby agree that no person on the grounds of race, color, national origin, or disability shall be excluded from participation in, denied the benefit of, or be otherwise subjected to discrimination in the use of the Property. 3. LFD LIABILITY To the extent allowed by the laws and the Constitution of the State of Texas, MFD waives all claims, release, indemnify and hold harmless the City of Lubbock, Texas, its Fire Department, agents, and employees, in both their public and private capacities, from any and all liability, claims, suits, demands or causes of action which may arise as a Contract for Use of Fire Department Training Facilities - Page 8 direct result of the negligent use by agents and employees of MFD of the City of Lubbock facilities. It is the express intention of the parties hereto, both MFD and the City of Lubbock, that the indemnity provided for in this paragraph is not indemnity by MFD to indemnify and protect the City of Lubbock from the consequences of the City of Lubbock's own negligence. It is further understood and agreed that the representatives of MFD assigned to and participating in the training program are not employees of LFD and are not entitled to any benefits, such as those covered by the Workmen's Compensation Act. X. IMMUNITY It is expressly understood and agreed that, in the execution of this agreement, neither party waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. XI. RESOLUTION This agreement shall be executed by the duly authorized official(s) of the party as expressed in the approving resolution or order of the governing body of such party, a copy of which is attached hereto, and this agreement shall remain in effect until rescinded by resolution or order of such governing body and notice of that action is transmitted in writing to all other parties to this agreement. XII. ENTIRE AGREEMENT This agreement embodies the complete agreement of the parties hereto Contract for Use of Fire Department Training Facilities - Page 9 superseding all oral or written previous and contemporary agreements between the parties relating to matters herein and, except as otherwise provided herein, cannot be modified without written agreement of the parties. XIII. VENUE The parties to this Contract agree and covenant that this agreement will be enforceable in Lubbock County, Texas; and that if legal action is necessary to enforce this Agreement exclusive venue will lie in Lubbock County, Texas. XIV. SEVERABILITY If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this agreement are for any reason held to be invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this Contract shall remain in full force and effect and shall in no way be affected, impaired or invalidated. XV. APPLICABLE LAW This Agreement is entered into subject to the City Charter and Ordinances of the City of Lubbock and as they regulate the operations of its fire department, as they may be amended from time to time and is subject to and is to be construed, governed and enforced under all applicable State of Texas and Federal law. Situs of this Agreement is agreed to be Lubbock County, Texas, for all purposes including performance and execution. Contract for Use of Fire Department Training Facilities - Page 10 XVI. NON -WAIVER It is further agreed that one or more instances of forbearance by the parties hereto in the exercise of their rights herein, shall in no way constitute a waiver of any such rights. XVIL JOINT VENTURE It is the intent of the parties hereto and herein shall not be construed to create a joint venture between LFD and MFD according to the terms and considerations aforementioned in this agreement. XIII. MODIFICATION AND SUPPLEMENTATION This Agreement may be modified or supplemented at any time by mutual written consent between MFD and LFD authorized by the proper representatives. DAVID A. MIL ER, MAYOR ATTEST: (Q� J-��'4-- R ecca Garza, City Secret Contract for Use of Fire Department Training Facilities - Page 11 In witness whereof, the parties hereto have caused this Agreement to be executed by: by: LUBBOCK FIRE DEPARTMENT APPROVED AS TO CONTENT STEVE HAILEY, FIRE Date: l u l l l 10 APPROVED AS TO FORM: ohn M. Knig t,'A's ant effy Attorney by: MESA FIRE DEPARTMENT CHUCK MONROE, 6EPUTY CHIEF Bate: -11 z 6 D 6 SWORN TO AND SUBSCRIBED before me on the day of 2005. NOTARY PUBLIC IN AND FOR THE STATE OF My Commission Expires: Contract for Use of Fire Department Training Facilities - Page 12