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HomeMy WebLinkAboutResolution - 5858 - Interlocal Agreement - HAL - Operation, GWCC - 05_14_1998RESOLUTION NO. 5858 Item No. 36 May 14, 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, attached herewith, by and between the City of Lubbock and the Housing Authority of the City of Lubbock, and any associated documents, regarding the operation of the George Woods Community Center, located at 517 N. Zenith Avenue, which Agreement 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 14th day of May , 1998. J ,/� — ,77, ATTEST: Kay, ay i Darnell, City Secretary APPROVED AS TO CONTENT: Tommy G6bzalez,Van&ging Director of Civic Services APPROVED AS TO FO Richard K. asner, atural Resources Attorney da/ccdocs/hsauth.res February 17, 1998 RESOLUTION NO. 5858 Item #36 May 14, 1998 INTERLOtAL AWIALLMENT This Interlocal Agreement (the "Agreement") is entered into this 14'' day of May, 1998, between the City of Lubbock, Texas (the "City"), a Texas Home Rule Municipal Corporation and the Housing Authority of the City of Lubbock (the "Authority"), a political subdivision of the State of Texas, acting by and through their duly authorized officers and officials. RECITALS WHEREAS, the City currently owns and operates the George Woods Community Center located at 517 N. Zenith Avenue at Erskine Street, Lubbock, Texas 79403 (the "Center"), and being located upon the lands described on Exhibit "A" attached hereto (the "Lands"); WHEREAS, the Center is currently being operated by the City to provide recreational activities and educational opportunities to the residents of the City; WHEREAS, the Authority desires to perform the services and/or functions regarding the operations of the Center; WHEREAS, the City and the Authority agree that the consideration, as set forth in this Agreement, fairly compensates the performing parties for the services or functions performed under this Agreement; and WHEREAS, for the purposes of the promotion of recreational and educational opportunities for the citizens of the City, the City and the Authority, under the authority of Chapter 791 of the Government Code of the State of Texas, now desire to enter into this Agreement. ARTICLE I Section 1.01. Term. The term of this Agreement shall be two (2) years, beginning on the date of the execution of this Agreement by the City, and ending on the second annual anniversary of such date (the "Primary Term"), unless terminated sooner as provided in this Agreement. For the consideration herein expressed, the City reserves and is hereby granted an option to extend the term of this Agreement, for five (5) successive option periods of one (1) year each. Each option may be exercised by providing notice to the Authority on or before ten (10) days before the expiration of the Primary Term, or option period, whichever is applicable. Upon termination of this Agreement, the Authority shall immediately vacate the Center and the Lands. Any holding over by the Authority, except as provided otherwise in this Agreement, shall not constitute a renewal of this Agreement, or provide the Authority any rights whatsoever under this Agreement and/or to the Center or Lands. Section 1.02. Purpose. This Agreement is executed for the express and sole purpose of the operation and maintenance of the Center and the Lands for the benefit of the citizens of the City of Lubbock, as set forth herein. Any other use of the Center or Lands by the Authority is expressly prohibited. ARTICLE II Section 2.01. Operations. The Authority shall operate and maintain the Center and the Lands to provide recreational and educational activities and opportunities to the citizens of the City of Lubbock. The educational and recreational activities and opportunities shall include, but not necessarily be limited to, the following: INTERLOCAL AGREEMENT -- Housing Authority Page 2 A. RECREATIONAL ACTIVITIES 1. Martial Arts — The Authority will provide a variety of martial arts techniques and disciplines to youths ages 6-16 yrs. The instruction will be taught by professionals who have a minimum of a Black Belt to ensure proper teaching and safety for all participants. 2. Dances — The Authority will provide weekend dances to youths ages 13 yrs.-17 yrs. with a maximum cost of $2. The music will be appropriate for such youths and unoffensive to adults. Security will be provided by the Authority. 3. Lock -Ins — The Authority will provide DRUG -FREE lock -ins to youths ages 8-17 yrs. These events will provide positive recreation as well as educational presentations by local professionals, community leaders and volunteers. 4. Arts and Crafts — The Authority will provide arts & crafts on a weekly basis taught by persons knowledgeable in the arts. All materials will be provided to the youths. 5. Texas Tech Athletics — The Authority will have field trips to TTU Athletic events. All ages are welcome. B. EDUCATIONAL ACTIVITIES 1. Tutoring — The Authority will provide educational tutoring to youths and will seek individuals and community organizations to provide time and assistance in fostering good study habits. INTERLOCAL AGREEMENT -- Housing Authority Page 3 2. Decision Making Skills/Self-Esteem — The Authority will provide peer groups counseling, role modeling and individual esteem building to youths of all ages. These services will be innovative and creative using a variety of models. 3. Texas Tech Cultural Events — The Authority will participate in cultural events at the university to expose youths to various cultural life styles and customs. The Authority shall provide to the City, no later than the third (3rd) day of each January, April, July, and October, during the effective period of this Agreement, a description of the activities and opportunities to be provided for the following quarter, and the times and duration of such activities and opportunities. The activities and opportunities shall be provided at such times, frequency and duration so as to be generally available to the public. Section 2.02. Improvements. The Authority shall make no alterations, modifications or improvements to the Center or Lands without the prior written consent of the City. In the event any such modification, alteration or improvement is approved by the City, as provided herein, such modification, alteration or improvement shall become the property of the City upon the termination of this Agreement. It is expressly agreed and understood that the City, in the event it shall approve such modification, alteration or improvement, may prescribe any requirements regarding such activities it may deem necessary, in its sole discretion. Section 2.03. Ownership of Center. The Center, and any other buildings, improvements, additions, alterations, modifications and fixtures constructed, placed, located and/or maintained, if any, on any part of the Lands during the term of this Agreement, are considered part of the real INTERLOCAL AGREEMENT -- Housing Authority Page 4 property and shall remain on the Lands, and become property of the City, from and after the termination of this Agreement. Section 2.04. Access of Public. The Center and the Lands shall be open to the general public within reasonable hours as designated by the Authority and approved by the City. The Authority shall not permit any discrimination in its operation of the Center because of race, color, sex, religion, national origin, physical handicap or disability. The rules and regulations regarding admission to the Center, and the proposed fee and/or rate schedules regarding the Center shall be in conformity with the rules and. regulations and fees and/or rate schedules adopted or set by the City in connection with the operation of other community centers within the City. The City may review all of said rules, regulations, rates and/or fees as set by the Authority to confirm that such are in conformity with the rules, regulations, fees and/or rates adopted or set by the City in connection with the operation of other community centers within the City. If the City shall determine that any such rule, regulation, fee and/or rate is not in such conformity, the City shall set such rule, regulation, fee and/or rate as is necessary to achieve such conformity. The Authority shall provide to the City an annual report, on or before thirty (30) days after the end of its fiscal year, which includes the total hours of operation, dates of operation, description of activities, services and opportunities provided, the number of participants and the number of participant hours. Section 2.05. Utilities and Maintenance. The City, except as provided herein, shall be responsible for providing and/or furnishing utilities to the Center and shall bear any and all expenses regarding the utilization of same in connection with the operation of the Center, as set forth herein. Notwithstanding anything to the contrary herein, the Authority shall be responsible INTERLOCAL AGREEMENT -- Housing Authority Page 5 for providing and/or furnishing to the Center all telephone service and any and all other telecommunication devices or services, and shall bear and pay any and all expenses regarding same. The Authority shall make all necessary repairs and replacements to the Center, of any type or nature, and perform all routine maintenance of the Center. The City shall provide maintenance for all major systems. The City shall perform maintenance of lawns and landscaping upon the Lands. Section 2.06. Custodial Services. The City shall provide all custodial services to the Center from the effective period of this Agreement to September 30, 1998. The Authority shall provide and/or perform all custodial services to the Center from October 1, 1998 to the termination or expiration of this Agreement. Section 2.07. Oversight. The Authority shall provide at least one (1) full-time employee of good character to be present at the Center and on the Lands during all hours that the Center is open to the public. Section 2.08. Audit. The Authority shall keep complete and accurate records, books and accounts regarding its operation of the Center according to law and its internal rules and regulations, and the City shall have the right to examine and audit said records, books and accounts at any reasonable time. The Authority shall furnish the City an annual audit of such books by a certified public accountant as conducted and/or prepared by the Authority according to law and its internal rules and regulations, but in no event shall the City be provided such audit later than nine (9) months after the end of the fiscal year of Authority. INTERLOCAL AGREEMENT -- Housing Authority Page 6 Section 2.09. Prohibition on Encumbrance. The Authority shall not encumber any interest granted herein, the Lands, the Center and/or this Agreement, in any way, manner or form, including, but not limited to, by deed of trust, mortgage or any other security instrument. Further, the Authority shall not cause or permit any mechanic's liens or any other liens to be filed against any interest granted herein, the Lands, the improvements located thereon, the Center and/or this Agreement by reason of any work, labor, services, or materials supplied and/or performed or claimed to have been supplied and/or performed to, by or for the Authority or any contractors or subcontractors of the Authority. Section 2.10. Right of Entry --City. The City shall have the right of entry, in, on, under, over and/or across the Center and the Lands, at any and all times, and for any and all purposes. The Authority shall furnish to the City any and all keys and/or instructions necessary to allow and effectuate the City's right of entry reserved and/or described herein. Section 2.11. Maintenance. At all times during the term of this Agreement, the Authority shall keep or cause to be kept the Center and the Lands, including the parking facilities, in a good state of appearance, and of sufficient cleanliness and organization to be utilized for the purposes described herein, as determined by the City, in its sole discretion. Further, the Authority shall take each and every action necessary to prevent the deterioration and/or destruction, of any kind or type, to the Center, ordinary wear and tear excepted. Section 2.12. Revenues. One-half (1/2) of revenues generated locally by the Authority in connection with or related to its operation of the Center and/or the Lands; shall be paid to the City to be utilized in the maintenance and/or improvement of the Center and/or the Lands, and as reimbursement of expenses incurred by the City in connection with or related to the Center and/or this Agreement. It is understood and agreed that the term "revenues" shall not include INTERLOCAL AGREEMENT -- Housing Authority Page 7 grants or subsidies furnished to the Housing Authority by the Department of Housing and Urban Development or any other private or governmental entity but only those funds generated locally by the operation of the Center and/or Lands. Section 2.13. Securi . The Authority shall take any and all actions necessary to protect the improvements and persons who enter upon the Center and/or Lands. The Authority shall inspect, on as frequent a basis as necessary, the Center and the Lands to identify and remedy all premise defects upon the Center and/or Lands. In the event the City possesses the obligation to perform maintenance in the area upon which the premise defect is discovered by the Authority, the Authority shall notify the City of such premise defect in writing, no later than twenty-four (24) hours after such discovery. ARTICLE III Section 3.01. Indemnity and Release. THE AUTHORITY SHALL INDEMNIFY AND HOLD HARMLESS, TO THE EXTENT PERMITTED BY LAW, THE CITY, AND CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND AGENTS, FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS OR LIABILITIES, OF ANY KIND OR NATURE, WHICH ARISE DIRECTLY OR INDIRECTLY, OR ARE RELATED TO, IN ANY WAY, MANNER OR FORM, THE ACTIVITIES CONTEMPLATED HEREUNDER, AND ARE CAUSED SOLELY BY THE ACT, OMISSION AND/OR NEGLIGENCE OF THE AUTHORITY, THE AUTHORITY'S RESPECTIVE OFFICERS, EMPLOYEES, OFFICIALS AND AGENTS, AND TO WHICH SOVEREIGN IMMUNITY HAS BEEN WAIVED PURSUANT TO THE TEXAS TORT CLAIMS ACT AND OTHER LEGISLATION AND WHICH IS COMMERCIALLY INSURABLE BY THE AUTHORITY. THE AUTHORITY SHALL NOT BE BOUND BY ANY NEGOTIATIONS OR INTERLOCAL AGREEMENT —,Housing Authority Page 8 SETTLEMENTS REACHED BETWEEN THE CITY AND OTHER PARTIES WITHOUT THE EXPRESS WRITTEN CONSENT OF THE AUTHORITY. THIS INDEMNITY AGREEMENT IS INTENDED TO INCLUDE ANY CLAIMS AND DAMAGES BASED ON THE SOLE NEGLIGENCE OF THE HOUSING AUTHORITY OF THE CITY OF LUBBOCK, AND THE EXPRESS PURPOSE OF THE LANGUAGE CONTAINED WITHIN THIS INDEMNITY AGREEMENT IS TO NEGATE APPLICATION OF THE EXPRESS NEGLIGENCE RULE AS THAT RULE IS RECOGNIZED IN THE STATE OF TEXAS. THE INDEMNITY PROVIDED HEREIN SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. Section 3.02. Insurance. The Authority shall procure and carry, at its sole cost and expense through the life of this Agreement, insurance protection as hereinafter specified, in form and substance satisfactory to the City, carried with an insurance company authorized to transact business in the State of Texas, covering all foreseeable aspects and operations in connection with this Agreement, including, but not limited to, all aspects, operations and/or occurrences to which the Authority has indemnified the City, as provided in Section 3.01 hereof. A Certificate of Insurance specifying each and all coverages shall be submitted to the City prior to the execution of this Agreement by the City. The Authority shall cause each policy required by this Agreement to require the insurer to (i) give notice to the City, as specified herein, of termination of any such policy sixty (60) days before such termination is to be effective; and (ii) contain a waiver of any and all of the insurer's rights to subrogation that any such insurer or insurers may acquire by virtue of payment of any loss under such insurance. The Authority shall provide to the City proof of the below -described insurance on or before fourteen (14) days prior to the expiration date of each expiring policy. INTERLOCAL AGREEMENT -- Housing Authority Page 9 A. Comprehensive General Liability Insurance. The Authority shall have comprehensive general liability insurance, with limits of $1,000,000.00 combined single limit in the aggregate and per occurrence. The City shall be named as an additional insured in such policy. B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. The Authority shall obtain an Owner's Protective or Contingent Public Liability Insurance policy naming City as insured, in the amount of, for bodily injuries, including accidental death and/or property damage, $1,000,000.00 combined single limit. This insurance coverage shall include coverage against casualty or damage, including, but not limited to, damage caused by fire and/or vandalism, to the Center and any and all other improvements located on the Lands. ARTICLE IV Section 4.01. Default. An Event of Default (herein so called) shall exist if any one or more of the following events shall occur: (a) The Authority shall default, in any way, manner or form, in the performance of any of the covenants, provisions and/or terms of this Agreement; The Authority shall (i) apply for or consent to the appointment of a receiver, custodian, trustee, intervenor, or liquidator of itself or of all or a substantial part of its assets, (ii) voluntarily become the subject of a bankruptcy, reorganization or insolvency proceeding or be insolvent or admit in writing that it is unable to pay its debts as they become due, (iii) file a petition or answer seeking reorganization or an arrangement with creditors or to take advantage of any bankruptcy or insolvency laws, (iv) become the subject of an order for relief under any bankruptcy, reorganization or insolvency proceedings, or (v) fail to pay any money judgment against it before the expiration of thirty (30) days after such judgment becomes final. INTERLOCAL AGREEMENT -- Housing Authority Page 10 Section 4.02. Remedies upon Event of Default. If an Event of Default shall have occurred and be continuing, then the City may (i) declare this Agreement, and all rights and interests created by it, terminated; (ii) assert an action for damages, including, but not limited to, any and all damages available to the City under this Agreement and/or pursuant to law or equity; and/or (iii) pursue and enforce any rights of the City as provided under or pursuant to any applicable law or this Agreement. In the event the City elects to terminate this Agreement as provided herein, this Agreement shall cease as if the day of the City's election to terminate was the day originally fixed in this Agreement for its expiration. The remedies provided to the City by law, equity, this Agreement or otherwise, are cumulative, to the extent allowed by law. The exercise by the City of the remedies provided herein shall not constitute an election of remedies, and the City, irrespective of its exercise of remedies as provided herein, or a portion thereof, shall be entitled to exercise, concurrently or otherwise, any and all remedies available to it by law, equity, this Agreement or otherwise. ARTICLE V Section 5.01. No Waiver. No failure to exercise, and no delay in the exercise on the part of the City, of any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right. The rights of the City hereunder shall be in addition to all other rights provided by law. Section 5.02. Notice. Any notice required or permitted to be given herein must be given in writing and must be personally delivered, delivered by telephonic facsimile, or mailed by prepaid certified or registered mail to the party to whom such notice or communication is directed at the address of such party as follows: INTERLOCAL AGREEMENT -- Housing Authority Page 11 City: Director of Parks and Recreation P. O. Box 2000 Lubbock, Texas 79457 (806) 775-2235 Fax: (806) 775-3240 Authority: Executive Director 1301 Broadway Lubbock, Texas 79401 (806) 762-1191 Fax: (806) 762-0836 Any such notice or other communication shall deemed to have been given (whether actually received or not) on the date it is personally delivered or delivered by telephonic facsimile, or, if mailed, on the third day after it is mailed as aforesaid. Any party may change its address for purposes of this Agreement by giving notice of such change to all other parties pursuant to this Section 5.02. Section 5.03. Assignment/Sublet. The Authority shall not assign or sublet this Agreement, the Center, the Lands, or any rights granted by this Agreement. Any attempt to assign or sublet this Agreement, the Center, the Lands, or any rights granted by this Agreement, shall terminate this Agreement. Section 5.04. Cam. Unless otherwise provided herein or required by law and/or local ordinance, charter or code, any action required or permitted to be taken by "the City", shall be taken by the City Manager of the City of Lubbock or any party designated by him or her. Section 5.05. Relationship of Parties. The relationship between the City and the Authority shall not be deemed, in any event, a partnership or a joint venture. Section 5.06. Compliance with Applicable Law. The Authority shall comply with all applicable federal, state and local rules, regulations, statutes, laws and ordinances governing, in any way, manner or form the activities contemplated herein, the operation of the Center, and/or any other aspect of the activities described in or contemplated by this Agreement. Section 5.07. Time of the Essence. Time is of the essence of this Agreement. INTERLOCAL AGREEMENT -- Housing Authority Page 12 Section 5.08. Texas Law/Venue. This Agreement is to be construed under Texas law and applicable Federal laws, without regard to conflict of law rules that would direct application of the laws of any other jurisdiction, and all obligations of the parties created by this Agreement are performable in Lubbock County, Texas. Venue for any action brought pursuant to this Agreement, or any activity contemplated hereby, shall lie exclusively in Lubbock County, Texas. Section 5.09. Partial Invalidity. If any one or more of the provisions contained in this Agreement are for any reason held to be invalid, illegal, or unenforceable in any respect, the invalidity, illegality, or unenforceability will not affect any other provision of this Agreement, which shall be construed as if it had not included the invalid, illegal or unenforceable provision. Section 5.10. Agreements Superseded. This Agreement constitutes the parties' sole agreement and supersedes any prior understandings or written or oral agreements between the parties with respect to the subject matter hereof. Section 5.11. Amendment. No amendment, modification, or alteration of this Agreement is binding, unless in writing, dated subsequent to the date of this Agreement, and duly executed by the parties. Section 5.12. Attorney's Fees. If, as a result of either parry's breaching this Agreement, the other party employs or uses an attorney or attorneys to enforce its rights under this Agreement, then the breaching party shall pay the other party the reasonable attorney's fees and costs incurred to enforce this Agreement. Section 5.13. Exhibits. The exhibits which are referenced in, and attached to this Agreement, are incorporated in and made a part of this Agreement for all purposes. Section 5.14. Captions. Section captions are for convenience only and shall in no way affect the interpretation of this Agreement. INTERLOCAL AGREEMENT -- Housing Authority Page 13 Section 5.15. Existing Contracts. The Center and/or the Lands, or portions thereof, may be encumbered by certain contracts and/or other agreements. This Agreement, and all rights granted to Authority herein, are subject to such contracts and/or agreements. Section 5.16. Current Revenues. Each party paying for the performance of governmental functions or services as contemplated under this Agreement shall make such payments from current revenues available to the paying party. Section 5.17. Governing Bodies. The execution of this Agreement is authorized, and executed by, the governing bodies of the Authority and the City. Executed and effective as of the date of the execution hereof by the City of Lubbock. CITY O UBBOCK, TEXAS HOUSING AUTHORITY 6 BY: BY: 2✓ WINDY SITTOTI, OR Name: .,./ 4,1A, Title: to -Ave, wec V6 Date executed: May 14, 1998 A EST: Ka4i4 Darnell, City Secretary APPROVED AS TO CONTENT: Tommy GOnzalez,qAartl9ging Director of Civic Services APPROVED AS TO /a �,, 7,,,0y- -- - I Richard K. dasner, Natural Resources Attorney FINAL —May 4,1998 da/rcAfia-hsauth-woods.doc INTERLOCAL AGREEMENT -- Housing Authority Page 14 EXHIBIT "A" TRACT 1 Lots 1, 2, & 3, Tract F, Mackenzie Terrace Addition, an Addition to the City of Lubbock, Lubbock County, Texas. TRACT 2 A tract of land out of the Northwest 1/4 of Section 2, Block "A", Lubbock County, Texas, described by metes and bounds as follows: BEGINNING at a point which bears S 0° 14'30" E a distance of 10.00 feet from the Southeast corner of Lot 3, Tract "F", Mackenzie Terrace Addition to the City of Lubbock, Lubbock County, Texas; THENCE S 0°14'30" E a distance of 107.00 feet to the point of curvature to the right; THENCE Southwesterly around a curve to the right, said curve having a radius of j 5.00 feet, tangent lengths of 15.00 feet, a delta angle of 90°, a chord distance of 21.21 feet; THENCE S 89°45'30" W a distance of 25.00 feet; THENCE S 0°14'30" E a distance of 30.00 feet; THENCE S 89045'30" W a distance of 590.00 feet; THENCE N 0014'30" W a distance of 758.25 feet; THENCE N 89034'14" E a distance of 373.40 feet; THENCE S 0014'30" E a distance of 607.47 feet; THENCE N 89°45'30" E a distance of 256.60 feet to the Place of BEGINNING. Save and except the following tract of land: A tract of land out of the Northwest 1/4 of Section 2, Block "A", Lubbock County, Texas, described by metes and bounds as follows: BEGINNING at a point which bears South 0°14'30" East, a distance of 20.00 feet from the Southeast corner of Lot 3, Tract "F", Mackenzie Terrace Addition to the City of Lubbock, Lubbock County, Texas; THENCE South 0°14'30" a distance of 97 feet to the point of curvature to the right; THENCE Southwesterly around a curve to the right, said curve having a radius of 15.00 feet, tangent lengths of 15.00 feet, a delta angle of 90°, a chord distance of 21.21 feet; THENCE South 89°45'30" West a distance of 251.6 feet; THENCE North 0° 14'30" West a distance of 112 feet; THENCE North 89034'l4" East a distance of 266.6 feet to the POINT OF BEGINNING, containing .65 acres more or less. Said tract of land being a portion of the Parkway Parksite of the City of Lubbock, Texas.