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HomeMy WebLinkAboutResolution - 6007 - Interlocal Agreement - Lubbock Reese Redevelopment Authority - 09_24_1998Resolution No. 6007 Item No. 26 September 24, 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 and all related documents. 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 Council. Passed by the City Council this 24th day of September , 1998. A z l� Raythikpamell, City Secretary APPROVED AS TO CONTENT: ALSAk/Interlocal - Reese.RES ccdocs/September 15, 1998 Resolution No. 6007 Item No. 26 September 24, 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 24th day of September , 1998, by and between the CITY OF LUBBOCK, a Texas Home Rule Municipal Corporation (hereinafter called "City") and LUBBOCK REESE REDEVELOPMENT AUTHORITY a Texas Authority and Political Subdivision (hereinafter called "LRRA"). WHEREAS, the use of Reese Air Force Base by the United States Air Force terminated on September 30, 1997; and WHEREAS, the State of Texas by and through Chapter 2311 of the Texas Government Code has authorized the creation of LRRA for the purpose of redeveloping the former Reese Air Force Base; and WHEREAS, the City and the County of Lubbock, Texas (hereinafter called "County") pursuant to Chapter 2311 of the Texas Government Code has, by resolution, authorized the establishment of LRRA; and WHEREAS, LRRA has been charged with the duty to redevelop the former Reese Air Force Base, now known as Reese Center; and WHEREAS, funding from the City is required by LRRA for the furtherance of the redevelopment of Reese Center. NOW THEREFORE, it is agreed between the parties hereto that: SCOPE OF SERVICE: A. City Responsibilities: City agrees to provide funding in the total amount of Two Million Seven Hundred Sixty-five Thousand Eight Hundred and No/100 dollars ($2,765,800.00). Said funding shall be paid to LRRA over a period of five (5) years in payments as set forth in Attachment "A". The City Manager or his designee shall approve any and all releases of funds to LRRA. 2. City shall not be liable for any costs or obligations entered into by the LRRA which are outside the scope of this Agreement. B. LRRA Responsibilities: 1. LRRA shall use the funds received through this Agreement for the furtherance of redeveloping Reese Center. 2. LRRA shall allow any audits on said funds as deemed necessary by City. Said audits may be conducted by the City auditors and/or their agents. 3. LRRA agrees to prepare and present to the City Council a work program presentation for the upcoming fiscal year which commences on October 1, 1998, and each October thereafter during the term of this Agreement. The presentation should include the programs that will be funded by the monies to be received for that fiscal year. This presentation will be presented to City Council in accordance with the City's calendar for budget preparation and presentation. II. 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 between the parties. LRRA shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. City shall be exempt from direct payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Worker's Compensation insurance as the LRRA is an independent contractor. C. Responsibility: The parties shall be responsible for their own respective claims, actions, suits, charges and judgments whatsoever that arise out of their respective performance or nonperformance of the subject matter called for under this Agreement. D. Amendments: City and LRRA may amend this such amendments make specific executed in writing, signed by a organizations and approved by tl agreement at any time, provided that reference to this Agreement, and are duly -authorized representative of both ie City Council and the LRRA Board. Interlocal Cooperative Agreement Lubbock Reese Redevelopment Authority Page 2 of 3 Such amendment shall not invalidate this Agreement, nor relieve nor release City or LRRA from its obligations under this Agreement. E. Suspension or Termination: Either party may terminate this Agreement immediately for cause by giving written notice to the other party of such termination, the reason for such termination and specifying the effective date thereof. City may also suspend or terminate this agreement, in whole or in part, if LRRA materially fails to comply with any term of this Agreement, or with any federal, state, or local rules, regulations, or provisions to which the subject funds may be subject. F. Revenues Pursuant to Section 791.011 of the Texas Government Code, the parties agree that all payments made pursuant to this Agreement must be made from current revenues available to each respective party. CITY OF LUBBOCK: LUBBqq AU)TkQik WI SITT P DE ATTEST: Kayttd Darnell, City Secretary APPROVED AS TO CONTENT: iir,dBk1ram, Managing Director S ate Planning APPROVED AS TO FORM: LL �&" f, e-.% f Anita Burgess, City Attorney ALS:dkWtyaff—yU--ng.,.do Uptcmba 2. 1999. Sgaemba 4, 1999, Sepmmba 17.1999 REESE REDEVELOPMENT R =- Interlocal Cooperative Agreement Page 3 of 3 Lubbock Reese Redevelopment Authority EXHIBIT "A" SCHEDULE FOR PAYMENT OF FUNDS The payment of funds made pursuant to this Agreement shall be made on the following schedule: October 1, 1998-$215,634 October 1, 1999- $146,884 October 1, 2000- $125,009 October 1, 2001- $114,071 October 1, 2002- $108,602 January 1, 1999- $190,634 January 1, 2000- $146,884 January 1, 2001- $125,009 January 1, 2002- $114,071 January 1, 2003- $108,602 April 1, 1999- $190,634 April 1, 2000- $146,884 April 1, 2001- $125,009 April 1, 2002- $114,071 April 1, 2003- $108,602 Exhibit "A" July 1, 1999- $190,633 July 1, 2000- $146,883 July 1, 2001- $125,008 July 1, 2002- $114,072 July 1, 2003- $108,604