HomeMy WebLinkAboutResolution - 2021-R0352 - Interlocal Cooperation Contract with TTU 9.14.21Resolution No. 2021-R0352
Item No. 7.33
September 14, 2021
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT pursuant to the authority and in compliance with the Texas Government Code, Chapter
791, the Interlocal Cooperation Act, 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 Contract
by and between the City of Lubbock and Texas Tech University, regarding providing a recycling
drop off location on Texas Tech University's campus, and all 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 on
ATTEST:
Rebe ca Garza, City Se ret
VED AS TO CON
September 14, 2021
LW.M�ffl
DANIEL A POPE, MAYOR
L. Wood Prianklil , P.E., Division Director of Public Works
lF.V, 9 IZ♦1i�X17 .1"llyll- 1i A
Ry 6#6o,A sistant City Attorney
RES.Interlocal Cooperation Contract, COL & TTU-recycling
8.25.21
Resolution No. 2021-R0352
1NTERLOCAL COOPERATION CONTRACT
This lnterlocal Cooperation Contract (the "Agreement") is made and entered into by and between
the City of Lubbock, hereinafter referred to as "City", and Texas Tech University, hereinafter
referred to as "TTU". CITY and TTU may be referred to throughout individually as a "Party" and
collectively, as the "Parties."
WHEREAS, this Agreement is entered into by and between the agencies stated above as the
Parties, pursuant to the authority granted and in compliance with the provisions of "The lnterlocal
Cooperation Act"; see Texas Government Code, Chapter 791, et seq; and
WHEREAS, TTU and City agree to provide a recycling drop off location on the TTU Campus on
the north side of the Physical Plant as shown in Exhibit A.
NOW THEREFORE, the Parties agree to these terms.
SERVICES.
A. City will:
• Be responsible for providing dumpsters (approximately 20) and picking up all
commodities included in the drop-off center;
• Operate the City trucks and maintain the dumpsters due to normal wear and tear;
• Process the commodities collected through the City's recycling agreements;
• Take all industry prudent precautions to protect existing structures and property,
and to prevent damage to TTU property, buildings, and to building contents;
• Be liable for any damage to any TTU property and contents that are not protected
in accordance with industry standards during the course of the services, normal
wear and tear excepted; and
• Receive any fees made from selling the commodities collected.
B. TTU will:
• Provide a location for the dumpsters;
• Advertise and promote the recycling center on the TTU campus;
• Provide signage that meets TTU standards;
• Keep the site clean;
• Grant the City the rights of ingress, egress and regress at any and all times to
accomplish the following purposes: allowing collection trucks or vehicles to collect
recyclable materials, including at all times and seasons the right of ingress, egress
and regress of collection trucks or vehicles and personnel engaged either in such
construction, repair of recycling containers or the site containing the City's
facilities, or collecting recycling commodities, including the placement of recycling
containers in convenient places as necessary for the collection of recycling
commodities as necessary to protect the public health; and
• In consideration of the services to be provided by the City as set forth in this
Agreement, to the extent permitted by Texas law, TTU will release from liability
the City, its employees, servants, contractors, agents or assigns, for any damages to
the access drive surface caused by City vehicles or to any trees, structures,
buildings, improvements or personal property that is situated within the collection
route and is on or adjacent to the designated area and collection route in such a
manner as to constitute an obstruction to the City in carrying out the services
described herein.
TERM: This Agreement begins on September 1, 2021 (the "Effective Date") and shall expire one
(1) year later. This Agreement shall automatically renew for up to seven (7) additional one (1) year
terms unless either Party provides written notice of its intent not to renew at least sixty (60) days
prior to the end of the then current term.
TERMINATION. This Agreement may be terminated by either Party at any time upon giving the
other Party thirty (30) days' prior written notice of its intention to terminate.
GOVERNING LAW. Lubbock County, Texas, will be the proper place of venue for any legal
action or proceeding arising out of this Agreement or enforcement of any provision in this
Agreement. This Agreement and all of the rights and obligations of the Parties hereto and any
claims arising from this Agreement will be construed, interpreted, and governed by the laws of the
State of Texas. The Parties specifically agree that neither the execution of this Agreement by TTU
or City, nor any other conduct, action, or inaction of any representative of TTU or City relating to
this Agreement shall constitute or is intended to constitute a waiver of TTU's, City's, or the state's
sovereign immunity to suit.
FORCE MAJEURE. "Event of Force Majeure" means an event beyond the control of City or
TTU which prevents or makes a Parry's compliance with any of its obligations under the
Agreement illegal or impracticable, including but not limited to: act of God (including, without
limitation, fire, explosion, earthquake, tornado, drought, and flood); war, act or threats of terrorism,
hostilities (whether or not war be declared), invasion, act of enemies, mobilization, requisition, or
embargo; rebellion, insurrection, military or usurped power, or civil war; contamination or
destruction from any nuclear, chemical, or biological event; riot, commotion, strikes, go slows,
lock outs, or disorder; epidemic, pandemic, viral outbreak, or health crisis; or directive of
governmental authority. No Party will be considered in breach of the Agreement to the extent that
performance of their respective obligations is prevented or made illegal or impracticable by an
Event of Force Majeure that arises during the term (or after execution of the Agreement but prior
to the beginning of the term). A Party asserting an Event of Force Majeure hereunder ("Affected
Party") will give reasonable notice to the other Party of an Event of Force Majeure upon it being
foreseen by, or becoming known to, Affected Party. In the event of an Event of Force Majeure,
Affected Party will endeavor to continue to perform its obligations under the Agreement only so
far as reasonably practicable.
ASSIGNMENT. Neither this Agreement, nor any rights or obligations of monies due hereunder
are assignable or transferable (as security for advances or otherwise) unless agreed upon in writing
by the Parties.
ENTIRE AGREEMENT; MODIFICATIONS. This Agreement supersedes all prior
agreements, written or oral, between City and TTU and will constitute the entire Agreement and
understanding between the Parties with respect to the subject matter hereof. This Agreement and
each of its provisions will be binding upon the Parties and may not be waived, modified, amended,
or altered except in writing signed by TTU and City.
INDEPENDENT CONTRACTOR. The Parties agree that this Agreement does not form a joint
venture or partnership.
AMENDMENTS. No modification or amendment to this Agreement will become valid unless
agreed upon in writing by both Parties. All correspondence regarding modifications or
amendments to this Agreement must be forwarded to the TTU Office of Procurement Services for
prior review and approval. Only the Chief Procurement Officer or his/her designee will be
authorized to process changes or amendments. All amendments must be signed by the same person
who signed this original Agreement or their successor(s).
APPLICABLE LAWS AND REGULATIONS. The Parties agree to comply with all federal,
state, or local laws or regulations applicable to their performance under this Agreement, and agree
to obtain and maintain all permits, licenses and other approvals required in connection with the
operations contemplated under this Agreement.
EMERGENCY HEALTH & SAFETY PROCEDURES. In the event of pandemic, epidemic,
viral outbreak, health crisis, or other emergency ("Emergency"), TTU may, at its sole discretion,
implement new or modified health and safety procedures in order to protect the health and safety
of the TTU community. In the event of Emergency, City agrees to adhere to all such procedures
and related directives from TTU when entering onto and performing services on TTU's campus.
NO INDEMNIFICATION BY PARTIES. The Parties expressly acknowledge that the Parties'
authority to indemnify and/or hold harmless any third party is governed by Article XI, Section 7
of the Texas Constitution and any provision which purports to require indemnification by the
Parties is invalid.
SOVEREIGN IMMUNITY ACKNOWLEDGED AND RETAINED. THE PARTIES
EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO PROVISION OF THIS
AGREEMENT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY ANY
PARTY OF ANY IMMUNITIES FROM SUIT OR LIABILITY THAT A PARTY MAY
HAVE BY OPERATION OF LAW. THE PARTEIS RETAIN ALL GOVERNMENTAL
IMMUNITIES.
NOTICES. All notices shall be in writing and sent by registered or certified mail addressed as
follows:
To City:
City of Lubbock
City Secretary
PO Box 2000
Lubbock, Texas 79457
With a copy to:
Brenda A. Haney, Director of Solid Waste
City of Lubbock
PO Box 2000
Lubbock, Texas 79457
To TTU:
Texas Tech University
Operations Division
Attn: Carey Hewett
Box 43142
Lubbock, TX 79409
Carej.Hewett a ttu.edu
With a copy to:
Texas Tech University
Procurement Services
Attn. Contracting
Box 41094
Lubbock, TX 79409
Contractin Ld)ttu.edu
Signature Page to Follow
Nlill'(iI2111c
DANIEL M. POPE, MAYOR
ATTEST:
Re cca Garza, City Secret
APPROVED AS TO CONTENT:
TEXAS TECH UNIVERSITY:
Signature: x��un. ,� 09 sa con
Email: jennifer.adling@ttu.edu
Jennifer Adling, Chief Procurement Officer
DATE: Aug 20, 2021
L. Woo4/Fran%li}a!P.E., Division 0-irecl'or of Public Works
APPROVED AS TO FORM:
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