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HomeMy WebLinkAboutResolution - 2019-R0145 - Lubbock Reese Redevelopment Authority - 04/23/2019 Resolution No. 2019-RO145 Item No. 7.4 April 23, 2019 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 behalf of the City of Lubbock, an Interlocal Cooperation Agreement by and between the City of Lubbock and the Lubbock Reese Redevelopment Authority for the provision of certain water utility and sewer system repairs and maintenance. 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 the 23rd day of April , 2019. DANIEL M. POPE, MAYOR ATTEST: Reb cca Garza, City Sec•et y APPROVED AS TO CONTENT: Aubrey A. Star, P.E., Dir ctor of Water Utilities APPROVED AS TO FORM: N6puty City Atto Resolution No. 2019-RO145 Interlocal Cooperation Agreement TI-IIS 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 as well as water and wastewater services; 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 response time to complex, emergency situations that may occur in LRRA's operations by requesting that such 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 AUTIIORITY 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. Interlocal Cooperation Agreement 1 Water and Sewer 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 1 (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. The determination of what constitutes a"critical care service" shall be at the sole discretion of the City. 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 three (3) years 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 two (2) 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 Interlocal Cooperation Agreement 2 Water and Sewer Repair Services 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 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 fiends 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 patty without the express written consent of the original parties to this Agreement. Interlocal Cooperation Agreement 3 Water and Sewer 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 lay. 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 deerned 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: LUBBOCK REESE REDEVELOPMENT AUTHORITY ATTN: Executive Director 9801 Reese Blvd., Ste 200 Lubbock, Texas 79416 Phone: (806) 885-6592 Facsimile: (806) 885-6003 THE CITY OF LUBBOCK ATTN: Director of Water Utilities P.O. BOX 2000 Lubbock, Texas 79457 Phone: (806) 775-2585 Facsimile: (806) 775-3027 (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. Interlocal Cooperation Agreement 4 Water and Sewer Repair Services 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. 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 day of April 23 , 2019. CITY OF LUBBOCK LUBBOCK REESE REDEVELOPMENT AUTHORITY BY: BY: Daniel M. Pope. Mayor Je Bell, President, Board of Directors .J ATTEST: ATTEST: Re ecca Garza, City Sec etar Todd 4cKee, Secretary APPROVED AS TO CONTENT: Aubrey A. Spdd, P.E., Dir for of Water Utilities REVIEWED AS TO FORM: A7S , Assist an ttorney Interlocal Cooperation Agreement 5 Water and Sewer Repair Services Exhibit A Scope of Services The CITY will assist LRRA on a non-routine, emergency response basis to provide the services listed below. The response time will depend upon the City's completion of priority repairs and maintenance within its own water and sewer systems. The City will provide LRRA with the estimated time it will take to respond to LRRA's situation. LRRA will agree to the estimated response time prior to the City scheduling the work. Services include: Task 1 Repairing major, critical water and/or sewer line leaks or breaks that have a significant impact on LRRA's ability to provide water to its customers. Task 2 Responding to problems with the LRRA water delivery or sewer system that have the potential to reduce the integrity and safety of the LRRA or City systems. Task 3 Repairing significant damage to, remove blockage from, or assist with problems that could create a loss of sewer system use or imperil the safety of customers. Task 4 Providing consultation to LRRA regarding upgrades and enhancements to the LRRA water and sewer systems. Interlocal Cooperation Agreement 6 Water and Sewer Repair Services Exhibit B Fee Schedule LRRA will compensate the City for work performed under the scope of services detailed in Exhibit A. The City will charge for their services on an hourly basis according to the Fee Schedule below. If overtime charges are applicable, the hourly rates charged by the City will reflect such increases. Labor Category Hourly Rate Senior Foreman $37.00 Foreman $27.00 Crew Leader $23.00 C&M Worker $18.00 Equipment Category Hourly Rate Crew Truck $30.75 Backhoe $37.00 Trailer $17.00 3/4 Ton Pick-up $16.00 Excavator 4300 $228.00 Excavator 300Q $128.50 Front End Loader $44.00 Hydrovac 1 Valve Truck $29.00 12 Cubic Yard Dump Truck $71.50 Skid Steer $26.50 Interlocal Cooperation Agreement 7 Water and Sewer Repair Services