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HomeMy WebLinkAboutResolution - 2011-R0399 - Interlocal Cooperation Agreement -Lubbock Reese Redevelopment Authority - 09_08_2011Zesolution No. 2011—RO399 September 8, 2011 Ltem No. 5.9 RESOLUTION ,F TT R FP%01.VFT-)RY THE f TTV CnI TNrTT (1F TNF CTTV C)F T .T ]RR0N`K - 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 Interlocal Cooperation Agreement for water utility, sewer system maintenance, repairs and other services, by and between the City of Lubbock and Lubbock Reese Redevelopment Authority, and related documents. Said Agreement 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 8, 2011 �.0 H+ / V-M� TOM MARTIN, MAYOR ATTEST: i Reb ca Garza, City Secret APPROVED AS TO CONTENT: Marsha Reed, P.E., Chief Operations Officer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw: ccdocs/RES.Agreement-LRRA August 10, 2011 Resolution No. 2011-RO399 INTERLOCALCOOPERATION AGREEMENT STATE OF TEXAS § CITY OF LUBBOCK § GOVERNMENTAL SERVICES THIS INTERLOCAL COOPERATION AGREEMENT ("Agreement") is entered into between the City of Lubbock, hereinafter referred to as "CITY" and the LUBBOCK REESE REDEVELOPMENT AUTHORITY, hereinafter referred to as "LRRA' pursuant to the authority granted by and in compliance with the provisions of the Interlocal Cooperation Act, Chapter 791, Texas Government Code. WITNESSETH: WHEREAS, CITY is a home rule municipal corporation; and WHEREAS, LRRA is a defense base redevelopment authority and political subdivision of the State of Texas, operating under Subchapter A, Chapter 3501, Texas Special District Local Laws Code (formerly Subchapter A, Chapter 396 of the Texas Local Government Code) and the laws of the State of Texas; and WHEREAS, LRRA is required to provide essential governmental functions for LRRA property including flood control, water, wastewater treatment, and all other water utility facilities; and WHEREAS, CITY, provides water utility and sewer system maintenance, repairs and other services within the City of Lubbock; and WHEREAS, LRRA has the authority necessary to delegate powers and provision of services related to water utilities to a neighboring municipality, a municipally owned utility, a cooperative corporation, or other utility provider, and the CITY is a neighboring municipality; and WHEREAS, LRRA wishes to maximize the efficiency of LRRA's operations by requesting that certain of its water utility and sewer system repair functions be performed by the CITY as allowed by the Texas Interlocal Cooperation Act (Texas Government Code Chapter 791), as more fully provided and limited herein; NOW THEREFORE, this Agreement is entered into by the CITY and LRRA as follows: ARTICLE 1 LEGAL AUTHORITY 1.1 Legal Authority. CITY and LRRA mutually warrant that they possess adequate legal authority to enter into this Agreement. The parties' governing bodies have authorized the signatory officials to enter into this Agreement binding the parties to its terms. INrF.RLOCAL COOPERATION CON rRACT - PAGE 1 OF 8 Water and Sewer Maintenance and Repair Services ARTICLE 2 PURPOSE AND PROVISION OF SERVICES 2.1 Purpose. The purpose of this Agreement is to cooperate in the provision of certain water utility and sewer system repairs and maintenance between the CITY and LRRA to ensure that the water and sewer utility infrastructure at LRRA is properly maintained. 2.2 Provision of Services and Duties of City in Connection with Services. LRRA hereby engages CITY, and CITY hereby accepts and confirms such engagement, to provide certain water and sewer utility repair and maintenance services (the "Services") to LRRA. The nature and scope of the Services and other specific details relating to the Services, and the City's duties in providing the services, are set forth in the Scope of Work attached hereto as Schedule I (the "Scope of Work"). The Services will be limited to those matters described on the Scope of Work and any matters directly related thereto, unless otherwise expanded by the written agreement of the parties; provided that the parties recognize that nothing herein shall obligate the CITY to make routine maintenance repair calls for sewage blockage„ minor line repairs, or other incidental or routine maintenance procedures on the LRRA water and sewer system, the parties intent being that with respect to the system, the repair obligations of the CITY shall be limited to "critical care service" such as major line breaks and other critical issues that could have catastrophic effects on the CITY and LRRA's water system. ARTICLE 3 TERM AND TERMINATION 3.1 Initial Term. This Agreement becomes effective upon the signing by the authorized and designated agents of the governing body of each party. It will remain in effect for a period of one (1) year following the effective date ("Initial Term") unless terminated earlier by either party upon written notice as provided for in Section 3.3. 3.2 Renewal Term. Either party has the option of renewing the Agreement for additional terms of one year each ("Renewal Term") by providing the other party written notice not later than sixty (60) days prior to the expiration of the Agreement's Initial Term or any Renewal Term. 3.3 Termination. Each party has the right to terminate this Agreement upon ninety (90) days written notice to the other party setting forth the date of termination. ARTICLE 4 COMPENSATION 4.1 Fees and Expenses for Services. CITY shall be compensated in accordance with the terms of the Fee Schedule attached hereto as Schedule 2, and as amended by the annual budget approved by the City each fiscal year, and LRRA agrees to pay such fees within 45 days of the receipt of a written invoice from the CITY. Furthermore, LRRA agrees to reimburse the CITY for any out of pocket expenses CITY incurs that directly relate to the Scope of Work, upon submission of an invoice for such expenses to LRRA within 45 days of such invoice, provided that if that any out of pocket expense shall exceed $5,000.00, then the CITY shall obtain LRRA's advance permission to proceed with such expense before incurring the same. If this INTERLOCAL COOPERATION CONTRACT— PAGE 2 OF 8 Water and Sewer Maintenance and Repair Services Agreement is terminated in writing by either party as provided in Section 3.3, then LRRA shall be obligated to pay for the Services and obligations already incurred by the CITY prior to termination, and the CITY shall be obligated to complete such Services already started. Any payments made pursuant to this Agreement shall be made from current revenues available to the paying party. ARTICLE 5 LIABILITY 5.1 To the fullest extent allowed by law, the Parties shall hold each other harmless and shall be responsible for any civil liability or other claim of any kind arising out of the performance of this Agreement that may be attributed to their individual performance under the Agreement. ARTICLE 6 RECORDS, ACCOUNTS AND AUDITS 6.1 Maintenance of Records and Accounts. CITY will maintain such records and accounts, including personnel records, time sheets, travel vouchers, fringe benefit rates, overhead rates and other necessary documentation to assure a proper accounting of all fees and expenses payable to the CITY under this Agreement funds for a period of three (3) years after final payment is made to the CITY. 6.2 Audits. Such records will be made available to the LRRA upon request for audit purposes. ARTICLE 7 MISCELLANEOUS 7.1 Whole Agreement. This Agreement constitutes the complete agreement between the parties, and supersedes any and all prior oral and written agreements between the parties relating to the matters contained in this Agreement. Except as otherwise provided in this Agreement, the Agreement cannot be modified without the written consent of the parties. 7.2 Changes and Amendments. This Agreement contains all commitments and agreements of the parties and no other oral or written commitments will have any force or effect if not contained in this Agreement. Any proposed changes or amendments will not be effective until approved in writing by the parties to this Agreement. Any alterations, additions or deletions to the terms of this Agreement which are required by changes in Federal or State law or regulations are automatically incorporated into this Agreement without written amendment to the Agreement, and become effective on the date designated by such law or regulation. 7.3 Assignment. No party under this Agreement has the right to assign or transfer its rights to any other party without the express written consent of the original parties to this Agreement. INTERLOCAL COOPERATION CONTRACT —PAGE 3 OF 8 Water and Sewer Maintenance and Repair Services 7.4 Severability. If any provision of this Agreement is held invalid, the remainder of the Agreement will continue in force and effect to the extent that it is not inconsistent with the holding. 7.5 Waiver of Breach. If a party waives enforcement, or fails to act promptly to enforce any provisions of this Agreement upon any event of breach by the other party, such waiver will not extend to any continuation of the breach or to any other or future events of breach, and such failure to act promptly will not waive a breach nor extend to any continuation of the breach or to any other or future events of breach. 7.6 Disclosure of Information. CITY agrees that all interim, draft and final reports and other documentation, including machine-readable materials, produced by the CITY, its officers, agents and employees in connection with the work provided for under this Agreement, to include any conclusions contained in or derived from such works, are for the confidential information of the LRRA. CITY agrees that such reports, documents or information shall not be disclosed by CITY, its officer, agents or employees, without the prior written consent of LRRA unless otherwise required to do so by law. The parties acknowledge that this Agreement is subject to the Texas Public Information Act, Chapter 552, Texas Government Code. 7.7 Notices. All notices and communications required or allowed by this Agreement must be in writing and given by depositing the notice in the United States mail, postage paid and registered or certified, with return receipt requested, and addressed to the party to be notified. Notice deposited in the mail in the above described manner will be conclusively deemed to be effective after the expiration of three (3) days business days after the notice is deposited in the mail. Notice given in any other manner will be effective only if and when received by an officer or the designated representative of the party to be notified. (a) For purposes of notice, the addresses of the designated representatives for receipt of notice for each of the parties are as follows: 9801 Reese Blvd., Suite 200 Lubbock, Texas 79416 Attention: Executive Director CITY: City of Lubbock P.Q. Box 2000 Lubbock, Texas 79457 Attn: Street and Utility Superintendent INTERLOCAL COOPERATION CONTRACT— PAGE, 4 OF 8 Water and Sewer Maintenance and Repair Services (b) Either party may change its address by giving written notice of the change to the other party at least fifteen (15) days before the change becomes effective. 7.8 Construction of Agreement. The provisions of this Agreement will be construed in accordance with the provisions of the laws of the State of Texas. 7.9 Venue. Venue shall exclusively lie in the State or Federal courts of Lubbock County, Texas. 7.10 Counterparts. This Agreement will be executed in two (2) counterparts, each of which will be deemed an original. IN WITNESS WHEREOF, the parties to this Agreement have executed this Agreement as of the effective date written below, each respective party acting by and through its governing body or its designee in the manner required by each party's charter or otherwise required by law on the date specified below. EXECUTED on this the 11 v day of_ .ice, 2011. 1-0 LUBBOCK REESE REDEVELOPMENT AUTHORITY By: - d2-11 &2 Jerioell, Vice President Attest: By: Tim Pierce, L Board Secretary CITY: EXECUTED by the City on the 8th day of September, 2011. CITY OF LUBBOCK By: Tom artin, Mayor Attest: By: Re ecca Garza, Ci—ty-SecretaU Approved as to Content: INTERLOCAL COOPERATION CONTRACT - PAGE 5 OF 8 Water and Sewer Maintenance and Repair Services By: cYmd Marsha Reed, P.E., Chief O erating Officer REVIEWED FOR FORM: Chad Weaver, Assistant City Attorney City of Lubbock Attorney's Office Y97-ell J. Guthrie, sq. Attorney for LRRA INTERLOCAL COOPERATION CONTRACT - PAGE 6 OF 8 Water and Sewer Maintenance and Repair Services Resolution No. 2011-RO399 Schedule 1 — Scope of Services PARTIES TO INSERT SPECIFIC PROVISIONS CONCERNING SERVICES 1. CITY emergency response to repair major, critical breaks in water and sewer lines.* 2. CITY emergency response to systemic issues within the Reese (LRRA) water delivery and sewer system that may have the potential to imperil the integrity and safety of that system or the systems of CITY. 3. Significant sewer system damage, blockages or situations which might otherwise create a loss of system use or imperil the safety of consumers. 4. Consultation as to LRRA upgrades and enhancements to the LRRA water and sewer systems. *The response time will depend on other priorities of the City. LRRA will be given, at the time of the call for services, an anticipated response time. LRRA will agree to the response time prior to the City scheduling this work. InTERLOCAL COOPERATION CONTRACT - PAGE 7 OF 8 Water and Sewer Maintenance and Repair Services Resolution No. 2011-RO399 Schedule 2 — Fee Schedule PARTIES TO INSERT FEE SCHEDULE I'.NTERLOCAL COOPERAT[ON CONTRACT - PAGE 8 OF 8 Water and Sewer Maintenance and Repair Services