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Ordinance No. 12,335ORDINANCE NO. 12,335 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITH THE LEE COLLEGE DISTRICT CONCERNING THE USE OF THE FIRE TRAINING CENTER; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the City Manager to execute and the City Clerk to attest to an Interlocal Agreement with the Lee College District for use of the Fire Training Facility. A copy of said agreement is attached hereto as Exhibit "A," and incorporated herein for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vot��df the City Council of the City of Baytown this the 12th day of September, 2013. �' APPROVED AS TO FORM: WAN RAKwen \Files \City Counci1\0rdinances\2013\September 12\ InterlocalwithLeeCollege4FireTrainingFacilily .doc Exhibit "A" INTERLOCAL AGREEMENT FOR FIRE TRAINING INSTRUCTION STATE OF TEXAS § COUNTY OF HARRIS § This Interlocal Agreement for Fire Training Instruction (the "Agreement ") is made and entered into pursuant to the Interlocal Cooperation Act by and between the CITY OF BAYTOWN, a municipal corporation located in Harris and Chambers Counties, Texas, (the "City") and the LEE COLLEGE DISTRICT, a governmental body, organized and existing by virtue of the laws of the State of Texas, (the "District "). WHEREAS, the City owns and operates the Baytown Fire Training Facility located at 7022 Bayway Drive, Baytown, Texas 77520 (the "Facility"), which will be equipped to replicate emergency scenarios ranging from residential, commercial and industrial structure fires, high -rise rescue, structural collapse/heavy rescue and other mass - casualty emergencies, as well as ship fires and rescues; and WHEREAS, in December 2012, the District approved the new Fire Science Program — which will provide firefighter and rescue training to new and incumbent emergency personnel; and WHEREAS, the District desires to partner with the City of Baytown in order to provide cutting - edge, industry standard training at the Facility and on its campus for its Fire Science Program; and WHEREAS, through the partnership between the District and the City, students will have the opportunity to participate in basic structural firefighter training and certification courses and in exercises designed to sharpen survival skills, search and rescue techniques, and a variety of tactics to be used in specific life- threatening situations; and WHEREAS, the District desires to use the Facility to conduct training evolutions required by the Texas Commission on Fire Protection in accordance with its Curriculum Manual ( "Training "); and WHEREAS, the City is willing to allow the District to use the Facility and to assist in the Training; NOW THEREFORE, the City and the District, in consideration of the mutual covenants, agreements and benefits herein contained, do mutually agree as follows: I. USE OF FACILITY 1.01 Use in General. The District may have access to and use of the Facility or portions thereof subject to the limitations specified in this Agreement for the sole purpose of providing Training. However, before being permitted to use the Facility, the District must submit at least two weeks in advance a written reservation request to the Fire Chief of the City (the "Chief') on a form provided by the Chief and such request must be approved by the Chief or his designee in writing. The approval of the Interlocal Agreement Page 1 District's reservation shall be at the sole discretion of the Chief or his designee, which approval shall not be unreasonably withheld, conditioned or delayed. 1.02 Non - exclusive Use of the Facility. Nothing contained herein shall be construed as authorizing the exclusive use of Facility, unless the Chief or his designee consents to such exclusive use in his written approval pursuant to Section 1.01. 1.03 Term of Use. The District shall be able to reserve and use the Facility commencing on the I" day of October, 2013, between the hours of 7:00 a.m. and 10:00 p.m.; provided that such reservations are made at least two weeks in advance and do not conflict with the City's use of the Facility. 1.04 Condition of Use. The District agrees that nothing under this Agreement shall be construed as requiring the City to provide any special equipment not already at the Facility on the day of use. 1.05 Personnel: The District must have a representative available at the Facility at all times during the District's use of the Facility, who has the authority to respond and act on behalf of the District. However, the City will provide certified field instructors to endeavor to provide oversight and safety compliance in accordance with the safety standards specified in NFPA 1403. 1.06 Inspections: The District acknowledges its responsibility for inspecting the property of the City prior to its use to inform itself regarding the condition of the Facility. Prior to the use of the Facility, the District may inspect and document any damages to the Facility or any of its equipment, which are present prior to its use. The documentation of any damages must be submitted to the Chief or his designee prior to the District's use of the Facility. The failure to so submit a written list of damages observed by the District shall result in the presumption that no damages were found. The District understands and agrees that the Chief or his designee shall inspect the Facility and its equipment at the end of each use by the District and the District shall be solely liable for any and all damages which were not documented and submitted as required by this paragraph, normal wear and tear as determined at the sole discretion of the Chief being excepted. 1.07 Cancellation of the Reservation: The City reserves the right at all times and in its sole discretion to cancel any reservation made pursuant to Section 1.01 if the public health, safety, and welfare command such result. If the reservation is canceled by the City, the District hereby relieves the City from all liability which may result from such cancellation. II. EXPENDITURES 2.01 Exoenditures by the District. The District agrees that it will pay for all expenses associated with this Agreement from then current revenues available to the District. These expenditures shall include those personnel supplied by the City together with supplies, equipment and materials necessary for providing training opportunities for its science teachers at the Facility during the term hereof. The expenses for which the District is responsible shall be based upon the fee schedule adopted by the Chief in effect at the time the District uses the Facility. Safety compliance personnel provided by the City will be billed at actual costs, including benefits. 2.02 Expenditures by the City. The City agrees that it will pay for all expenses associated with this Agreement from then current revenues available to the City. Interlocal Agreement Page 2 III. RELEASE OF LIABILITY Release by District. The District assumes full responsibility for its use of the Facility as described herein and hereby releases, relinquishes and discharges the City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character for any injury to or death of any person and/or any loss of or damage to any property that is caused by the District's use of the Facility to the extent allowed by law. IV. TERM 4.01 Term. The term of this Agreement shall commence upon the execution of this document by the City and shall remain in full force and effect until the termination of the Agreement by either party hereto pursuant to Section 4.02. 4.02 Termination. It is expressly understood and agreed that the period or term of this Agreement may be terminated without cause at any time by either party by giving to the other party at least 30 days' advanced written notice of its intention to do so, specifying therein the effective date of such termination. V. ENTIRE AGREEMENT This instrument contains the entire Agreement between the parties relating to the rights hereunder granted and the obligations herein assumed. Any oral representation or modifications concerning this Agreement shall be of no force or effect, excepting a subsequent modification in writing signed by all parties hereto. VI. COMPLIANCE WITH ALL APPLICABLE LAWS The District shall comply with all rules, regulations, and laws of the United States of America, the State of Texas, and all laws, regulations, and ordinances of the City of Baytown as they now exist or may hereafter be enacted or amended. Venue for all purposes shall be in Harris County, Texas. VII. ASSIGNMENT The District may not sell or assign all or part interest in activities to another party or parties without the express written approval of the City Manager of such sale or assignment. The City may require any records or financial statements necessary in its opinion to ensure such sale or assignment will be in the best interest of the City. Interlocal Agreement Page 3 VIII. NOTICES Except as otherwise provided herein, all notices required to be given hereunder shall be given in writing either by telecopier, overnight, or facsimile transmission, certified or registered mail at the respective addresses of the parties set forth herein or at such other address as may be designated in writing by either party. Notice given by mail shall be deemed given three (3) days after the date of mailing thereof to the following addresses: DISTRICT Lee College District Attn: President 200 Lee Drive Baytown, TX 77520 Fax No. (28 1) CITY City of Baytown Attn: City Manager P.O. Box 424 Baytown, TX 77522 Fax No. (281) 420 -6586 IX. NON - WAIVER Failure of either party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing thereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce by an appropriate remedy, strict compliance with any other obligation hereunder to exercise any right or remedy occurring as a result of any future default or failure of performance. X. GOVERNING LAW This Agreement shall in all respects be interpreted and construed in accordance with and governed by the laws of the State of Texas and the City, regardless of the place of its execution or performance. The place of making and the place of performance for all purposes shall be Baytown, Harris County, Texas. XI. SEVERABILITY All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. Interlocal Agreement Page 4 XII. CONDITIONS BEYOND CONTROL Neither the City nor the District shall be required to perform any term, condition or covenant of this Agreement so long as performance is delayed or prevented by force majeure, which shall mean acts of God, drought, floods, material or labor restrictions by any governmental authority, and any other cause not reasonably within the control of either party in which, by the exercise of due diligence, the City or the District is unable to prevent or overcome. XIII. NO RIGHT TO ARBITRATION Notwithstanding anything to the contrary contained in this Agreement, the City and the District hereby agree that no claim or dispute between the City and the District arising out of or relating to this Agreement shall be decided by any arbitration proceeding including, without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1 -14), or any applicable State arbitration statute, including, but not limited to, the Texas General Arbitration Act, provided that in the event that the City is subjected to an arbitration proceeding notwithstanding this provision, the District consents to be joined in the arbitration proceeding if the District's presence is required or requested by the City for complete relief to be recorded in the arbitration proceeding. XIV. NO THIRD PARTY BENEFICIARIES This Agreement shall not bestow any rights upon any third party, but rather, shall bind and benefit the District and the City only. X V. HEADINGS The article headings are used in this Agreement for convenience and reference purposes only and are not intended to define, limit or describe the scope or intent of any provision of this Agreement and shall have no meaning or effect upon its interpretation XVI. AMBIGUITIES In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. XVII. AGREEMENT READ The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. XVIII. AUTHORITY The officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he /she represents. Interlocal Agreement Page 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies, each of which shall be deemed to be an original, but all of which shall constitute but one and the same Agreement on the day of 2013, the date of execution by the City Manager of the City of Baytown. LEE COLLEGE DISTRICT DENNIS BROWN, President Date: ATTEST: Date: CITY OF BAYTOWN ROBERT D. LEIPER, City Manager ATTEST: LETICIA BRYSCH, City Clerk Date: R: \Karen \Files \Contracts \Interlocal Agreement\ FireTrainingFacilityAgreemcntRevised08l22013C ]em,doc Interlocal Agreement Page 6