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Home My WebLink AboutResolution - 2022-R0369 - Interlocal Agreement with TTU - 2503 Mac Davis Lane projectResolution No. 2022-RO369 Item No. 6.27 August 23, 2022 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 Agreement by and between the City of Lubbock and the Texas Tech University for Building Inspection Services. 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 August , 2022. ATTEST: " J�Ae_.fa -"'c Rebec a Garza, City Secre ary APPROVED AS TO CONTENT: W. JarrettAtkinson, City Manager APPROVED AS TO FORM: Deputy City Attorney Interlocal Agreement-TTU 8.16.22 Resolution No. 2022-RO369 STATE OF TEXAS § INTERLOCAL COOPERATION AGREEMENT COUNTY OF LUBBOCK § THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into pursuant to the Interlocal Cooperation Act (Chapter 791, Government Code) by and between the City of LUBBOCK, TEXAS hereinafter referred to as "CITY" and TEXAS TECH UNIVERSITY, hereinafter referred to as "TTU." WHEREAS, TTU is a component of the Texas Tech University System, and an institution of higher education of the State of Texas operating under the general laws of the State of Texas; and CITY is a home rule municipal corporation operating under the charter of the municipality; and WHEREAS, TTU owns the property located at 2503 Mac Davis Lane, Lubbock, TX 79409, and 2526 6t' Street, Lubbock, TX 79409 ("Property"), Texas; and WHEREAS, TTU will enter into a ground lease for such Property with Red Raider Facilities Foundation, Inc. ("RRFF"); and WHEREAS, RRFF plans to execute a project consisting of (i) the demolition of the existing south end zone at Jones AT&T Stadium; (ii) the design, development, construction, and equipping of a new south end zone at Jones AT&T Stadium; (iii) the demolition of the existing Football Training Facility; (iv) the design, development, construction, and equipping of a new athletic training facility located adjacent to Jones AT&T Stadium, and (v) related stadium improvements (collectively "Project"); and WHEREAS, RRFF, as a private non-profit organization, has requested the CITY to conduct certain building inspection services to facilitate the construction of the Project, and TTU desires to grant permission for the CITY to enter the Property for the purpose of conducting said building inspection services; and WHEREAS, CITY finds that it is in the public's health safety and welfare and a public benefit to the citizens of Lubbock to provide building inspection services to facilitate the construction of the Project: NOW THEREFORE, the following Agreement is entered by and between CITY and TTU: 1. TERM. The term of this Agreement shall be for a period commencing on the date of execution of the Agreement and ending upon The City issuing a certificate of occupancy for any buildings associated with the Project subject to earlier termination as provided in paragraph 6. RRFF PROJECT INTERLOCAL AGREEMENT-LUBBOCK; TTU 2. CITY agrees to the following: a. CITY shall conduct the following activities on the Property for the construction of the Project: Construction document plan review, permitting and field inspection services pursuant to Chapters 10 and 28 of the City of Lubbock Code of Ordinances for all architectural, structural, plumbing, mechanical, electrical, elevators, fire suppression, and life safety building systems. b. All activities conducted by the CITY as contemplated by this Agreement shall be governed by the City of Lubbock Code of Ordinances. All construction standards shall meet or exceed the standards set forth within Chapters 10 and 28 of the City of Lubbock Code of Ordinances as they may be amended for all architectural, structural, plumbing, mechanical electrical, elevators, fire suppression, and life safety building systems. C. CITY Fire Marshal shall conduct all plan reviews, test, and inspect all fire alarm, fire sprinkler, elevator recall, HVAC shutdown, fire alarm transmission to monitoring station, fire extinguisher placement, fire doors, and emergency egress to ensure minimum code compliance has been met for each system. At the discretion of the CITY Fire Marshal, the CITY will work in conjunction with the TTU Fire Marshal. In the case that the CITY Fire Marshal and the TTU Fire Marshal disagree as to compliance, the CITY Fire Marshal's decision shall prevail. d. Upon determination that the Project at the Property has met all applicable technical requirements, as determined by plan review and field inspections, a certificate of occupancy will be issued for each building by the CITY. e. CITY shall provide to RRFF and TTU a copy of all plan reviews, permits, inspection reports, and certificate of occupancy. f. CITY shall charge fees to the Project associated with all plan reviews, permits, contractor registrations, inspections, and re -inspections per the City of Lubbock Code of Ordinances for any activities conducted pursuant to this Agreement. Procedural requirements for obtaining any plan review, permits, contractor registrations, inspections, re -inspections, and a certificate of occupancy shall apply in the same manner as if the Project were within the jurisdiction of the CITY, except that compliance with locally adopted ordinances and codes will be compelled only through the decision to issue or withhold a final certificate of occupancy. 3. TTU agrees to the following: RRFF PROJECT INTERLOCAL AGREEMENT - LUBBOCK/ TTU 2 a. TTU shall grant permission to the CITY and does hereby acknowledge the CITY has authority, jurisdiction, and right to enter the Property for the purposes of conducting all activities contemplated by this Agreement. b. TTU shall ensure that the Storm Water Pollution Prevention Plan ("S WPPP") is prepared and implemented, and that all Notices of Intent ("NOI") are filed and permits obtained and posted on Property. TTU shall provide oversight and compliance of the Texas Commission on Environmental Quality Construction General Permit for Storm Water. C. CITY Fire Marshal shall conduct all plan reviews, test, and inspect all fire alarm, fire sprinkler, elevator recall, HVAC shutdown, fire alarm transmission to monitoring station, fire extinguisher placement, fire doors, and emergency egress to ensure minimum code compliance has been met for each system. At the discretion of the CITY Fire Marshal, the CITY will work in conjunction with the TTU Fire Marshal. In the case that the CITY Fire Marshal and the TTU Fire Marshal disagree as to compliance, the CITY Fire Marshal's decision shall prevail. d. TTU understands and agrees that the CITY has the authority to charge RRFF fees associated with the activities contemplated by this Agreement in accordance with the City of Lubbock Code of Ordinances. 4. HOLD HARMLESS. To the extent authorized by Texas law, the CITY and TTU shall each hold the other harmless from any claim for damages of any nature whatsoever arising from the acts of its own officials and employees in connection with this Agreement. 5. RESPONSIBILITY. Each party to this Agreement will be responsible for its own actions in providing services under this Agreement. 6. TERMINATION. Either party may terminate this Agreement upon thirty (30) days written notice to the other, if the other party fails to perform or comply with any of the material terms, covenants, agreements, or conditions hereof, and such failure is not cured during such thirty (30) day period. RRFF PROJECT INTERLOCAL AGREEMENT - LUBBOCK / TTU 3 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 law on the date herein below specified. EXECUTED on this the 23rd day of, A—� + 2022 CITY OF-"DMK, TEXAS TEXAS,� IV ITY M. TRAY P"NE; MAYOR ATTEST: �;)Jol&� -e Re Garza, City Secr APPROVED AS TO CONTENT: W. Ja tt Atkinson, City Manager LAW WNCE SCHOVANEC PR SIDENT ATTEST: RRFF PROJECT INTERLOCAL AGREEMENT - LUBBOCK i TTU 4