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HomeMy WebLinkAboutResolution - 2006-R0157 - Interlocal Agreement - Lubbock Housing Authority - Administrative Services - 04_13_2006Resolution No. 2006-RO157 April 13, 2006 Item No. 5.6 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 for administrative services, by and between the City of Lubbock and Lubbock Housing Authority, and 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 City Council. Passed by the City Council this 13th ATTEST: Rebecca Garza, City Secr. etary Q) APPROVED AS TO CONTENT: Lee Ann Dumbauld, City Manager APPROVED AS TO FORM: ty Attorney gs:ccdocs/Interlocal Agnnnt-LHA.res March 14, 2006 day of Anril AMA Resolution No. 2006-RO157 April 13, 2006 Item No. 5.6 INTERLOCAL COOPERATION AGREEMENT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT is entered into on this 13th day of April , 2006, by and between the City of Lubbock, Texas (hereafter referred to as "City") and the Lubbock Housing Authority, hereinafter referred to as "LHA", both parties being political subdivisions and local government entities of the State of Texas, pursuant to the authority granted and in compliance with the provisions of Chapter 791 of the Local Government Code of the State of Texas and in furtherance of the responsibilities of said parties as provided under the law. I. DEFINITIONS "Administrative assistance" means functions normally associated with the routine operation of government and the parties hereto and shall include, but not be limited to the provision of financial assistance, equipment and personnel. "Administrative assistance" shall specifically include the assignment of a City employee to serve as Temporary Executive Director of LHA. II. PURPOSES The purpose of this Agreement is to cooperate in the provision of housing services in accordance with the laws of this State and to provide, as appropriate, additional mutual assistance to protect health, life and property within the bounds of Lubbock Housing Authority. The services performed and expenditures made pursuant to this Agreement shall be deemed for public and governmental purposes. s III. AUTHORIZATION (1) This Agreement shall be duly authorized by the governing body of each party as evidenced by the signatures of each chief administrative officer who signed herein. If a governing body fails to authorize this Agreement, then it shall be considered null and void. (2) Each party paying for the performance of administrative services pursuant to this Agreement shall make payments therefore from current revenues available to the paying ply. IV. DUTIES (1) The party from whom the provision of administrative services is requested, shall provide such administrative services as shall be deemed by the parties hereto to be in their mutual best interest: (A) when the request is made by the chief administrative officer of the requesting party or his designee and (B) if the subject matter of the request falls within the purposes as set forth in this Agreement and (C) when the provision of the requested administrative services is, in the sole discretion of the chief administrative officer of the requested party in the best interests thereof. The decision of the chief administrative officer shall be final. 2 (2) Any request for administrative services under this Agreement shall include, with specificity, the type and nature of the assistance desired. The chief administrative officer or his designee of the party from whom administrative services are requested shall provide such assistance as he deems appropriate. (3) In the event the responding party's assistance is required for the benefit of the providing party, the chief administrative officer for that party may terminate or recall the administrative assistance as necessary, in his judgment, to meet the requirements and needs thereof. V. RESPONSIBILITIES (1) Each party's chief administrative officer shall designate the appropriate official or officials within its jurisdiction who is or are empowered to request and respond to requests for administrative services made pursuant to this Agreement. Each party shall provide the other with the name, address, title or position, and telephone number of each designated official. The same information shall be provided for the official authorized to direct mutual aid activities under this Agreement, if different from the above mentioned officials. (2) An employee of either party hereto who is ordered by the official designated by the governmental body either of the parties hereto to perform administrative services for the other party shall be entitled to the same wage, salary, pension, and other compensation and rights, including injury or death benefits, as if the service were tendered to the party by which the employee is regularly employed. (3) An employee of a party responding to a request for administrative assistance made pursuant to this Agreement shall do so under the direction and supervision 3 of the designated official of the party requesting the assistance. Specifically, the city employee assigned to serve as Temporary Executive Director of LHA shall report to the Board of Commissioners of LHA and shall provide regular briefings to the City of his activities. His qualifications as an employee where he is regularly employed shall constitute his qualifications as an employee of the party requesting assistance. VI. WAIVER AND INDEMNIFICATION (1) All immunities from liability enjoyed by each party shall extend to its participation in providing administrative services pursuant to this Agreement unless otherwise provided by law. (2) All immunities from liability and exemptions from laws, ordinances and regulations which persons employed by the parties have while employed by their regular employer shall be effective unless otherwise prohibited by law. (3) Each party shall indemnify and hold harmless the other party to this Agreement from all claims by third parties for property damage or personal injury which may arise out of activities undertaken while receiving administrative services under this Agreement. In lawsuits where either party may be liable in part or total for the payment of damages, then any other party to this Agreement may intervene in such cause of action to protect its interest. VII. AMENDMENTS This Agreement contains all commitments and agreements of the parties and no other oral or written commitments shall have any force or effect if not contained herein. Any 4 proposed amendments shall not be effective until approved in writing by all parties to this Agreement. VIII. TERM AND EFFECTIVE DATE This Agreement shall become effective upon signing by both parties and by the authorized and designated agents of the governing body of each party. It shall continue in effect for a term of two (2) years from and after the effective date. It may be renewed for not more than two (2) additional one (1) year terms upon the prior written approval of both parties. The parties agree that each shall have the right to terminate this Agreement upon thirty (30) days written notice to the other party of this Agreement. IX. VENUE Each party agrees that if legal action is brought under this Agreement, exclusive venue shall lie in Lubbock County, Texas. X. SAVINGS CLAUSE In the event that one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this Agreement. XI. PAYMENTS The requesting shall pay reasonable travel costs incurred by the responding party in the furtherance of this Agreement. Other provisions of this Agreement notwithstanding, City shall pay all non -travel related expenses associated with the assignment of an employee to serve as the Temporary Executive Director of LHA. 5 XII. CIVIL SUITS In the event that an employee of either party is named in a suit for damages by a party other than a governmental entity resulting from the activities of the employee undertaken on behalf of the requesting party, the requesting party shall be required to provide legal defense of the employee. In addition, any party requesting the administrative services out of which the claim arose, shall determine whether such activity by the employee named in the suit involved an official act of the employee within the course and scope of the employee's authority. If such activity is found to involve an official act of the employee within the course and scope of the employee's authority, then the requesting party shall hold the employee harmless to the extent authorized by law. IN WITNESS WHEREOF, the parties hereto 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 herein below specified. SIGNED this 13th day of April , 2006. CITY OF UBBOCK /,-- - - -- ARC bkDOUGAL MAYOR ATTEST: RE ECCA GARZA CITY SECRETARY LUBBOCK HOUSING AUTHORITY ATTEST: n APPROVED AS TO FORM: JQKN KNIG SSISTANT CITY ATTORNEY JK/Agrmnt/Interlocal Agreement Lubbock Housing Auth 3-22-06 APPROVED AS TO CONTENT: 416 If . Au�� ,4ANN DUMBAULD CITY MANAGER 7