HomeMy WebLinkAboutResolution - 2003-R0240 - Interlocal Cooperative Agreement - Park & Ride Facility - 06_19_2003Resolution No. 2003-RO240
June 19, 2003
Item No. 16
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 on behalf of the City of Lubbock an Interlocal Cooperative Agreement
for construction of a Park & Ride facility with Texas Tech University, and any associated
documents, which Interlocal Cooperative Agreement is attached hereto and which shall
be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 19th day of
ATTEST:
Re ecca Garza, City Secretary
APPR AST ONTENT:
Craig 14mer, Managing Director of
Planning and Transportation
APPROVED AS TO FORM:
Donald G. Vandiver, First Assistant City
Attorney
Ddres/TTUbusRes
June 4, 2003
Resolution No. 2003 RO240
June 19, 2003
Item No. 16
INTERLOCAL COOPERATIVE AGREEMENT
BETWEEN
CITY OF LUBBOCK AND TEXAS TECH UNIVERSITY
This Interlocal Cooperative Agreement, ("Agreement"), between the City of Lubbock
("City"), a Texas Municipal Cooperation and Texas Tech University ("University"), an agency
of the state of Texas for the construction of a Park and Ride Lot on the University campus, is
made and entered between the parties April 10, 2003, ("Effective Date").
WHEREAS, the City wishes to improve its transit services to the University facilities and
events by providing a Park and Ride Lot; and
WHEREAS, the City has determined that it is in the best interest of the City of Lubbock
to construct a Park and Ride Lot on the University campus; and
WHEREAS, the City wishes to pay for the design and construction of the Park and Ride
Lot on the University campus through funds obtained through grant #TX-03-0226-00 and grant
#TX-03-0237-00; and
WHEREAS, the University has authority as an agency of the State of Texas to enter into
this interlocal agreement; and
NOW THEREFORE, for and in consideration of the mutual covenants herein, the parties
mutually agree as follows:
I. SCOPE OF SERVICE:
A. City Responsibilities:
City agrees to provide funding from grant #TX03-0266-00 in the amount of Nine
Hundred Ninety Thousand Three Hundred Fifteen dollars and no/100
($990,315.00) and grant #TX-03-0237-00 in the amount of Nine Hundred Ninety
Thousand Twenty-nine dollars and no/100 ($990,029.00) for the design and
construction of a Park and Ride Lot on the University campus.
B. University Responsibilities:
1. University shall provide a detailed metes and bounds description of the area
for the Park and Ride Lot.
2. University shall be responsible for the construction of the Park and Ride Lot.
3. University shall designate the Park and Ride Lot for student, faculty, staff, and
visitor parking for its expected useful life of at least fifteen (15) years.
4. University shall be responsible for maintaining the Park and Ride Lot.
5. The Texas Tech Board of Regents has approved the location of the Park and
Ride Lot on the University's campus and the location is consistent with the
Campus Master Plan.
II. GENERAL CONDITIONS:
A. Compliance:
University agrees to comply with all applicable federal, state, and local laws and
regulations.
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 parties.
C. Hold Harmless:
City of Lubbock shall not be liable or responsible for, and shall be saved and
held harmless by University, to the extent permitted by law, from and against
any and all suits, actions, losses, damages, claims, or liability of any
character, type, or description, including all expenses of litigation, court
costs, and attorney's fees for injury or death to any person, or injury to any
property, received or sustained by any person or persons or property, arising
out of, or occasioned by, directly or indirectly, in whole or in part, the
performance of City of Lubbock under this Agreement, including claims and
damages arising in whole or in part from the negligence of City of Lubbock.
D. Amendments:
The City or University 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 University 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 79 1. 011 of the
Government Code.
EXECUTED as of the Effective Date.
CITY OF L
MCDC(UGAL
MAYOR i
ATTEST:
Re ecca Garza
City Secretary
APPRO ED AST CONTENT:
I
raig(Fanf er
Managing Director of Planning and Transportation
APPROVED AS TO FORM:
a
andiver di er
City Attorney
TEXAS TECH UNIVERSITY
BY:,
TITLE•
JLJL4al it la
Associate Vice President
for Research