HomeMy WebLinkAboutResolution - 6284 - Interlocal Agreement - TTU - Economic Development Assistance, TTWSRC - 04_22_1999Resolution No. 6284
Item No. 33
April 22, 1999
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 Texas Tech University to provide economic
development assistance to the Texas Tech Wind Science and Research Center. Said
Interlocal 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 22nd day of April- 1999.
;i
WINDY SFFTON, MAYOR
ATTEST:
K64i Darnell
City' cretary
APPROVIC] kAS TO CONTENT:
Kevin Wal er
Business Li ison Officer
APPROVED AS TO FORM:
William de Haas
Competition and Contracts Manager/Attorney
Cedocs/DEAAG Interlocal Agreement with TTU.Res
April 22, 1999
Resolution No.6284
Item No. 33
April 22, 1999
INTERLOCAL COOPERATIVE AGREEMENT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Interlocal Agreement, effective as of April 22, 1999, (the Effective Date), by
and between the City of Lubbock, a Municipal Corporation of the State of Texas,
hereinafter called "City," and Texas Tech University, an agency of the State of Texas,
hereinafter called "University."
WHEREAS, City has determined that it is in the best interest of the City of
Lubbock to assist in the creation of jobs, and
WHEREAS, the Texas Department of Economic Development will provide
Defense Adjustment Economic Assistance Grants for the creation of jobs in
municipalities adversely effected by military base closures, and
WHEREAS, University has authority as a state agency of the State of Texas to
enter into this interlocal agreement; and
NOW THEREFORE, the parties hereto mutually agree as follows:
I. SCOPE OF SERVICE:
A. City Responsibilities:
City agrees to transfer to University funds provided by the Texas
Department of Economic Development for the Texas Tech Wind Science
and Research Center that will be located at Reese Center.
B. University Responsibilities:
1. University shall use the funds received through this
Agreement for the purchase of capital equipment to support the
Texas Tech Wind Science and Research Center that will be located
at Reese Center.
Interlocal Agreement, City of Lubbock & Texas Tech University
Page 1
2. University agrees that it shall create a minimum of
one hundred thirty-two (132) new, direct, permanent full-time jobs
with these funds.
3. University shall ensure that the funds provided under this
Agreement are not commingled with any other funds and their
obligation or expenditure is reported separately.
11. GENERAL CONDITIONS:
A. Compliance:
University 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
parties.
C. Hold Harmless:
University 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 University's misuse of the funds transferred under this
Agreement.
D. Amendments:
The City or the 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 the City or the 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 791.011 of
the Government Code.
lnterlocal Agreement, City of Lubbock & Texas Tech University
Page 2
III. DOCUMENTATION AND RECORD KEEPING:
A. Records:
University shall maintain records as required by law or regulation with
respect to the funds being transferred in this Agreement.
B. Audits and Inspections:
All University records with respect to any funds covered by this
Agreement shall be made available to City, their designees or the Texas
Department of Economic Development, at any time during normal
business hours, as often as the City deems necessary. Any deficiencies
noted in audit reports must be fully resolved by the University within
thirty (30) days after receipt by the University, unless otherwise agreed to
in writing by the parties.
EXECUTED as of the Effective Date hereof.
CITY PF LUBBOCK.
/TM,
WINDY qMbN
MAYOR
ATTEST:
(j,, l L
Ka hi Darnell, City Secretary
TO CONTENT:
Kevin Walker
Busines Liaison Officer
APPROVED AS TO FORM:
William de Haas
Competition and Contracts Manager
TEXAS TECH UNIVERSITY:
JOHN MO TFORD
NLLO
ATTEST:
Interlocal Agreement, City of Lubbock & Texas Tech University
Page 3