HomeMy WebLinkAboutResolution - 674 - Agreement - COC, BCD - Compensation Reporting - 12/11/1980JCR:cl 'RESOLUTION #674 - 12/11/80
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 behalfof the City of Lubbock an Agreement
between the Lubbock Chamber of Commerce, the Lubbock Board of City Development
and the City of Lubbock, Texas, attached herewith which shall be spread upon
the minutes of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in
detail.
Passed by the City Council this 11th day of December ,1980.
BILL McALISTER, MAYOR
_ATTEST:
C
E elyn G ffga, City 'Se ary-Treasurer
APPROVED AS TO.FORM:
i6fin C. Ross, Jr., City Attorney
pension, retirement, insurance claims, injuries (including death),
damages or demands based upon employment of any claimant by
THE LUBBOCK BOARD OF CITY DEVELOPMENT prior to April 1, 1980.
II.
The CHAMBER and BCD agree to defend or cause to be defended.
any claim herein indemnified against with the CHAMBER and BCD,
selecting and compensating the attorneys and directing the
defense. The CHAMBER and BCD may contest, compromise, settle
or otherwise deal with and dispose of such claims, and if not.
settled or compromised or dismissed or dropped, CHAMBER and
BCD may delay satisfaction of the demand or claim until it is
decided by a final judgment entered in a court of competent
jurisdiction.
III.
Obligationshere undertaken by .CHAMBER and BCD apply solely
to matters herein mentioned as being based upon and arising
by reason of ,employment by THE LUBBOCK BOARD OF CITY DEVELOPMENT
prior to April 1, 1980, which employment has been reported by
the CITY to the Texas Employment Commission.
IV.
This Agreement shall be valid and binding upon the parties,
their successors and assigns, and shall be construed in accordance
with the laws of the State of Texas, and is performable in Lubbock,
Lubbock County, Texas.
WITNESS OUR HANDS this 11th day of December , 1980.
LUBBOCK CHAMBER OF COMMERCE LUBBOCK BOARD OF CITY DEVELOPMENT
BY: BY:
President President
THE CITY OF LUBBOCK, TEXAS
BY:
ilelM-c - A-� 1 &1i s Jte VrMayor
Attest:
4""1
Evelyn Ohfg4a,C cretary-
Treasurer
APPROVED AS TO FORM:
C- `� , 4
J hn C. Ross, Jr., City Attorney
THE STATE OF TEXAS X
COUNTY OF LUBBOCK X
RESOLUTION '4674 - 12/11/80
A G R E E M E N T
This Agreement is made by and between THE LUBBOCK CHAMBER
OF COMMERCE, hereinafter called "CHAMBER" and THE LUBBOCK BOARD
OF CITY DEVELOPMENT, hereinafter referred to as "BCD" and THE
CITY OF LUBBOCK, TEXAS, hereinafter referred to as "CITY" and
constitutes the full agreement'of the parties.
W I T N E S S E T H:
WHEREAS, the -Texas Employment Commission of the State of
Texas has recently raised a question about whether or not the
employees of THE LUBBOCK BOARD OF CITY DEVELOPMENT should have
been reported to the Texas Employment Commission as employees
of the City, which reporting was withheld by the BCD because
of the independent nature of the operation of THE LUBBOCK BOARD
OF CITY DEVELOPMENT; and
WHEREAS, this Agreement is entered into by the parties
hereto for the sole purpose of following the advice of the
Texas Employment Commission for the reporting periods prior
to April 1, 1980.
NOW THEREFORE, the parties hereto do agree as follows:
I.
THAT for and in consideration of the CITY promptly reporting
the employees of THE LUBBOCK BOARD OF CITY DEVELOPMENT as
employees of the CITY for the reporting periods prior to April 1,
1980, the CHAMBER and BCD agree to timely pay to THE CITY OF
LUBBOCK, TEXAS, any and all taxes, penalties, interest and claims
resulting from such reporting, and further to indemnify and
hold harmless_THE CITY OF LUBBOCK,_TEXAS_, its mayor and council
members, employees, agents and persons in privity with them from
all liabilities, damages, claims, causes of action, losses, and
expenses which have arisen or which may in the future be asserted
by reason of unemployment, Worker's Compensation, Social Security,
CITY OF LUBBOCK
MEMO
DEC 3 - 1930
T0: Larry Cunningham, City Manager CITY
IT SECRETARY
ECRE ARY
FROM: John C. Ross, Jr., City Attorney n��l
SUBJECT: Comments on proposed Contract between the Chamber of Commerce,
Lubbock Board of City Development and the City of Lubbock.
DATE: December 3, 1980
As you recall sometime back.the Texas Employment Commission raised the
question as to whether or not the employees of the BCD prior to April 1, 1980
(which is the date of the new ordinance specifying the duties of the BCD) Cid.
should be reported for unemployment compensation purposes as employees of the
City of Lubbock. Technically the BCD employees were employees of the City of
Lubbock, however, due to the independent nature of the Board of City Develop-
ment the City of Lubbock had not hired these individuals nor were we providing
City benefits to them. It had always been the policy of the BCD and the Chamber
to retain these employees themselves and to provide benefits directly to these
employees.
However, in order to comply with the request of the Texas Employment
Commission and as a housekeeping matter to clear up this interim period of
reporting prior to April 1, 1980, it was suggested that the City report these
employees for unemployment compensation purposes.as employees of the City prior
to April 1, 1980. Thereafter, of course, they would not be so reported.
Legally I agree to this only if the Chamber and the BCD would agree con-
tractually to hold the City harmless from any claims which might arise as a
result of the City taking such action, including claims asserted against the
City;'for Social Security payments, insurance, workman's compensation, and
reti,,rement. The Chamber and the BCD has agreed to this and hence the enclosed
contract for execution by the Mayor and City Council.
JCR: 61
Enclosure
GEO. W. MCCLESKEY
HAROLD O. HARRIGER
CLARENCE P. BRAZILL, JR.
DON GRAF
R. REX AYCOCK
MIKE WORLEY
GEORGE H. MCCLESKEY
JERRY M. KOLANDER, JR.
JOHN A. FREELS
Wm. H. HARRIGER 11
GARY A. WARD
STEPHEN RIGSBY
STEPHEN L. JOHNSON
TOMMY J.SWANN
0
L
LAW OFFICES .
MCCLESKEY, HARRIGER, BRAZILL & GRAF
THE PLAINS NATIONAL BUILDING
5010 UNIVERSITY
P.O. DRAWER 6170
LUBBOCK, TEXAS 79418
November 21, 1980
Rec:.1..�' -fin
City Attw:::ey
Mr. John C. Ross, Jr.
City Attorney
P. O. Box 2000
Lubbock, Texas 79457
Dear John:
In accordance with our telephone conversation and your letter
of November 18, 1980, I enplose the original and two copies
of an Agreement we have Pafted concerning the reporting of
employees of the Lubbock Board of City Development to the Texas
Employment Commission.
The language in the agreement is similar in all respects to
the letter agreement under date of September 11, 1980, that
we mailed to you on that date.
Please review it; and if it meets with your approval, let me
know how we should next proceed.
Very truly yours,
LESKEY, HARRI ER, BRAZILL & GRAF
J rry Kolander, r.
JMK : p c
Enclosures
cc Mr. John Logan
TELEPHONE
AREA CODE 606
797.3411