HomeMy WebLinkAboutRES 23-154RESOLUTION NO. 23-154
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute an Interlocal
Agreement with Lamar State College Port Arthur to provide primary fire protection for
the Commercial Driver's Education and Examination Center on an emergency basis.
The Agreement is substantially in the form attached hereto as Exhibit "A," and made a
park hereof for all purposes; and,
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of
June, 2023.
umont this the 6th day of
Mayor Roy West -
INTERLOCAL COOPERATION AGREEMENT
STATE OF TEXAS
COUNTY OF JEFFERSON
WITNESSETH:
WHEREAS, the City of Beaumont, Texas desires to provide primary fire protection to
Commercial Driver Education & Examination Center, a Lamar State College Port Arthur facility
on an emergency basis; and,
WHEREAS, Commercial Driver Education & Examination Center, a Lamar State College
Port Arthur facility desires to have fire protection provided to such facility by the City of Beaumont
as necessary; and,
WHEREAS, the Parties recognize that cooperation between the Parties will provide better
service to the public at a reduced expense by avoiding costly duplication of equipment and
services; and,
NOW, THEREFORE, pursuant to the Chapter 791, Texas Government code, The City of
Beaumont and Lamar State College of Port Arthur, hereby agree as follows:
The City of Beaumont Fire/Rescue Department will respond to fires occurring at
the Commercial Driver Education & Examination Center facility by dispatching its
firefighting equipment and personnel for primary fire protection. The installation
of water lines and hydrants or any other permanent facilities or services not
specifically enumerated herein, will not be provided.
2. In consideration of such services, the Commercial Driver Education & Examination
Center, a Lamar State College Port Arthur facility will pay the City of Beaumont
for its services according to Section No. 7, A Description Services Fee.
3. Changes to this Agreement by either party will be documented, sequentially
numbered, signed by both Parties, and attached to this document as a permanent
part hereof. The required approval level for these changes shall be the signatories
of this Agreement or their properly designated representatives.
4. This Agreement shall remain in full force and effect until June 15, 2023, and from
year to year thereafter unless terminated by written notice by either Party. In such
event, the Agreement shall be terminated with 120 days written notification of
either Party or by mutual agreement. This Agreement shall be reviewed annually
or upon written request of either Party.
5, Neither the City of Beaumont, its agents, employees, representatives nor any other
person operating under this Agreement shall be deemed an agent or an employee
of the Commercial Driver Education & Examination Center and/or Lamar State
College Port Arthur, and the Commercial Driver Education & Examination Center
and/or Lamar State College Port Arthur shall not be liable for the contracts or
tortious conduct of any such person or persons.
G. Neither the Commercial Driver Education & Examination Center and/or Lamar
State College Port Arthur, its agents, employees, representatives, nor any other
person operating under this Agreement shall be deemed an agent or an employee
of the City of Beaumont, and the City of Beaumont shall not be liable for the
contracts or tortious conduct of any such person or persons.
7. Description of Service Fee: Commercial Driver Education & Examination Center,
a Lamar State College Port Arthur facility, agrees to pay the City of Beaumont a
flat rate of $2,500.00 per year. The City of Beaumont agrees to provide primary fire
protection when requested by the Commercial Driver Education & Examination
Center, a Lamar State College Port Arthur facility. No warranty, guarantee or other
promise of the effectiveness or duality of such fire protection is intended by this
Agreement. Specifically, the City of Beaumont does not guarantee that significant
damage or complete destruction of the Commercial Driver Education &
Examination Center facility will not occur. The amount shall be due and payable
within thirty (30) days of invoicing.
EXECUTED on behalf of the City of Beaumont by its City Manager on the day of
, 2023 after appropriate approval by its City Council.
EXECUTED on behalf of Commercial Driver Education & Examination Center, a Lamar State
College Port Arthur facility on the day of , 2023 after appropriate approval.
APPROVED:
CITY OF BEAUMONT
By
City Manager
COMMERICAL DRIVER EDUCATION & EXAMINATION CENTER
LAMAR STATE COLLEGE PORT ARTHUR
Approved as to form:
Lo
Approved as to content:
1NTERLOCAL COOPERATION AGREEMENT
STATE OF TEXAS
COUNTY OF MFFERSON
WITNESSETH:
WHEREAS, the City of Beaumont, Texas desires to provide primary fire protection to
Commercial Driver Education & Examination Center, a Lamar State College fort Arthur facility
on an emergency basis; and,
WHEREAS, Commercial Driver Education & Examination Center, a Lamar State College
Port Arthur facility desires to have fine protection provided to such facility by the City of Beaumont
as necessary; and,
WHEREAS, the Parties recognize that cooperation between the Parties will provide better
service to the public at a reduced expense by avoiding costly duplication of equipment and
services; and,
NOW, THEREFORE, pursuant to the Chapter 791, Texas Government code, The City of
Beaumont and Lamar State College of Port Arthur, hereby agree as follows:
1. The City of Beaumont Fire/Rescuc Department will respond to fires occurring at
fhe Conuuercial Driver Education & Examination Center facility by dispatching its
firefighting equipment and personnel for primary fire protection. The installation
of water lines and hydrants or any other permanent facilities or services not
specifically enumerated herein, will not be provided.
2. In consideration of such services, the Commercial Driver Education & Examination
Center, a Lamar State College Port Arthur facility will pay the City of Beauumont
for its services according to Section No. 7, A Description Services Fee.
3. Changes to this Agreement by either party will be documented, sequentially
mimbered, signed by both Panics, and attached to this document as a permanent
part hereof. The required approval level for these changes shall be the signatories
of this Agreement or their properly designated representatives,
4. This Agreement shall remain in Rill force and effect lentil June 15, 2023, and finin
year to year thereafter unless terminated by written notice by either Party. In such
event, the Agreement shall be tonninated with 120 days written notification of
either Party or by nrul-tlal agreement. This Agreement shall be reviewed annually
or upon written request of either Party.
5. Neither the City of Beaumont, its agents, employees, representatives not any other
person operating under this A.greemont shall be deemed an agent or an employee
of the Commercial Driver Education & Examination Center and/or Lamar State
College Port Arthur, and the Commercial Driver Education & Examination Center
and/or Lamar State College Port Arthur shall not be liable for the contracts or
tortious eonduot of tiny such person or persons.
6, Neither the Commercial Driver Education & Examination Center and/or Lamar
State College Port Arthur, its agents, employees, representatives, nor any other
person operating under this Agreement shall be deemed an agent or an employee
of the City of Beaumont, and the City of Beaumont shall not be liable for the
contracts or tortious condact of any such person or persons.
7. Description of Service Fee: Commercial Driver Education & Examination Center,
a Lamar State College Port Arthur facility, agrees to pay the, City of Beaumont a
flat rate of $2,500.00 per year. The City of Beaumont agrees to provide primary fire
protection when requested by the Commercial Driver Education & Examination
Center, a Lamar State College Port Arthur facility. No warranty, guarantee or other
promise of the effectiveness or duality of such fire protection is intended by this
Agreement. Specifically, the City of Beaumont does not guarantee that significant
damage or complete destruction of the Conunercial Driver Education &
Examination Center facility will not occur. The amount shall be due and payable
within thirty (30) days of invoicing.
EXECUTED on behalf of the City of Beaumont by its City Manager on the '26Aday of
2023 after appropriate approval by its City Council,
EXECUTED on behalf of Coirunercial Driver Education & Examination Center, a Lamar State
College Port Arthur facility on the 3 day of July , 2023 after appropriate approval.
APPROVED:
CITY OF BEAUMONT
By r �z8-;2-3
City Manager
COMMERICAL DRIVER EDUCATION & EXAMINATION CENTER
LAMAR STATE COLLEGE, PORT ARTITUR
Approved as to form:
By
Approved as to content:
7- 3-ZioZ3