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Home My WebLink AboutResolution - 5771 - Interlocal Agreement - Lubbock Reese Redevelopment Authority - 02_12_1998RESOLUTION NO. 5771 Item #30 February 12, 1998 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 Lubbock Reese Redevelopment Authority. 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 this 12th day of February 1998. %wil r • :"rff, . ATTEST: Kaytfif Darnell City Mcretary APPROVED AS TO CONTENT: �oe Richard Burdine Assistant City Manager APPROVED AS TO FORM: William de Haas Assistant City Attorney RESOLUTION N05771 Item #30 February 12, 1998 INTERLOCAL COOPERATIVE AGREEMENT BY AND BETWEEN LUBBOCK REESE REDEVELOPMENT AUTHORITY AND THE CITY OF LUBBOCK STATE OF TEXAS § COUNTY OF LUBBOCK § This Agreement entered into this 12th date of February-, 1998, by and between the CITY OF LUBBOCK, a Texas Home Rule Municipal Corporation (hereinafter called the "City") and LUBBOCK REESE REDEVELOPMENT AUTHORITY, a Texas Authority and Political Subdivision of the State of Texas (hereinafter called the "LRRA"). WHEREAS, the State of Texas; by and through Chapter 2311 of the Texas Government Code (the "Law") has authorized the creation of the LRRA for the purpose of redeveloping Reese Air Force Base; and WHEREAS, the City and the County of Lubbock, Texas pursuant to the law have, by resolution, authorized the creation and establishment of the LRRA; and WHEREAS, funding from the City of Lubbock is required by the LRRA for the furtherance of the redevelopment of Reese Air Force Base; and WHEREAS, funding from the City is required by the LRRA to aid in the marketing efforts of redeveloping Reese Air Force Base. NOW THEREFORE, it is agreed between the parties hereto that: I. SCOPE OF SERVICE: A. City Responsibilities: 1. City agrees to transfer to the LRRA two hundred fifty thousand no/100 dollars ($250,000.00) of funds as approved in the City of Lubbock budget for use in the marketing efforts in the redevelopment or reuse of Reese Air Force Base. 2. City agrees to transfer local match funds after grant applications have been approved by the grantor and only up to the amount approved in the City of Lubbock budget for local match purposes. 3. City agrees to transfer to LRRA one hundred twenty-five thousand dollars no/100 ($125,000.00) by March 1, 1998, and the remaining funds in two equal transfers of sixty-two thousand five hundred no/100 dollars ($62,500.00) on July 1, 1998 and October 1, 1998, respectively. B. LRRA Responsibilities: 1. LRRA shall use the funds received through this Agreement in its marketing efforts for the furtherance of the redevelopment and use of Reese Air Force Base as set forth in the Law 2. LRRA shall ensure that the funds provided under this Agreement are not commingled with any other funds and their obligation or expenditure is reported separately in a marketing fund. 3. LRRA shall endeavor to coordinate their marketing activities with Market Lubbock, Inc. II. Term and Termination: A. Termination Date: This Agreement shall have an initial term of one (1) year beginning on February 12, 1998, and ending on February 11, 1999 (the "initial Term"). Unless terminated in accordance with Section IIB, this Agreement shall automatically renew for successive terms of one (1) year each. B. Termination by Notice: Either party may terminate this Agreement, with or without cause, effective at the end of the Initial Term by giving the other parry thirty (30) days written notice prior to the end of the Initial Term. Thereafter, either party may terminate this Agreement, with or without cause, by giving at least thirty (30) days prior written notice to the other party. III. GENERAL CONDITIONS: A. Compliance: LRRA agrees to comply with all applicable federal, state and local laws and regulations governing the funds provided under this Agreement. B. Independent Contractor: Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee, and/or any type or form of agency, between the City and LRRA other than that of independent entities contracting with each other under this Agreement solely for the purpose of effecting the provisions of this Agreement. C. Hold Harmless: LRRA shall hold harmless, defend and indemnify the City, to the extent allowed by law, from any and all claims, actions, suits, charges and judgments whatsoever that arise out of or are in any way related to the LRRA's misuse of the funds transferred under this Agreement. D. Amendments: The City or the LRRA may amend this agreement at any time, provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly -authorized representative of both organizations and approved by the City Council if required by law. Such amendment shall not affect or invalidate the provisions of this Agreement, nor relieve nor release the City or the LRRA from its obligations under this Agreement. E. Revenues: The City agrees hereto that all payments to this Agreement must be made from current revenues available to the City pursuant to Section 791.011 of the Government Code. F. Successors and Assigns: This Agreement may not be assigned by either parry without the express written consent of the other parry. All obligations and covenants made under this Agreement shall bind and inure to the benefit of any successors and assigns of the respective parties, whether or not expressly assumed by such successors or assigns. G. Entire Agreement: This Agreement constitutes the entire agreement between the parties. All prior discussions and understandings on this matter are superseded by this Agreement. H. Severability: If any provision of this Agreement is held invalid, the remainder of the Agreement shall continue in force and effect to the extent not inconsistent with such holding. I. Conflict of Interest: The City and the LRRA shall ensure that its respective employees are prohibited from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others. J. Applicable Law: This Agreement shall be governed by and construed in accordance with Texas law, except as to matters governed by Federal law. IV. DOCUMENTATION AND RECORD KEEPING: A. Records to be Maintained: LRRA shall maintain records as required by law or regulation with respect to the funds being transferred in this Agreement. LRRA shall retain records that relate to its performance under this Agreement for three (3) years following termination of this Agreement. B. Audits and Inspections: All LRRA records with respect to any funds covered by this Agreement shall be made available to City, their designees or the Federal Government, at any time during normal business hours, as often as the City and/or the Federal Government deem necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully resolved by the LRRA within thirty (30) days after receipt by the LRRA, unless otherwise agreed to in writing by the parties. CITY OF LUBBOCK: LUBBOCK REESE REDEVELOPMENT 4 ATTEST: Ka arnell, City Secretary APPROVED AS TO CONTENT: chard Burdine Assistant City Manager APPROVED AS TO FORM: William de Haas Assistant City Attorney ATTEST: Authorized Official