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HomeMy WebLinkAboutResolution - 2001-R0362 - Traffice Control Assistance Agreement With Texas Tech University - 09/13/2001Resolution No. 2001-RO362 September 13, 2001 Item No. 58 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Traffic Control Assistance Agreement between City and Texas Tech University, a copy of which Agreement is attached hereto, and any associated documents, which Agreement shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 13th day of September '2001. ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: — 4Y,4�'t C�� ALt ,, Tommy Gonz lez, Assi ant C y Manager VED AS TO FO t Yf Vandiver, First Assistant City Attorney DDres/Tech-PD.res September 4, 2001 Resolution No. 2001-RO362 September 13, 2001 Item No. 58 INTERLOCAL TRAFFIC CONTROL ASSISTANCE AGREEMENT THE STATE OF TEXAS § COUNTY OF LUBBOCK § WHEREAS, the Texas Tech University System (hereinafter called "University") conducts a number of athletic and other events on the University campus during the year which need special assistance for traffic control from the City of Lubbock Police Department (hereinafter called "City") to ensure proper flow of ingress and egress pedestrian and vehicular traffic; and WHEREAS, the City through its Police Department is able to provide special assistance with traffic control on behalf of the University; and WHEREAS, Chapter 791 of the Texas Government Code provides for interlocal cooperation agreements between local governments and state agencies; and WHEREAS, the City and the University desire to cooperate in this matter; NOW THEREFORE: WITNESSETH: THAT the City and the University hereby agree as follows with regard to provision of special assistance with traffic control for events conducted at various venues on the University campus. 1) The City hereby agrees to provide Police Department assistance with traffic control for University events on the University campus upon request and in the same manner that said services have been provided by the City to the University in the past. The number and location of officers to provide traffic control shall be mutually agreed upon by the Police Chief, or designee, of each party. 2) The University shall reimburse the City for 60% of the actual cost of such services during the FY2001-2002 (October 1, 2001, through September 30, 2002). The University shall pay 100% of the actual cost of such services during FY2002-2003 (October 1, 2002, through September 30, 2003) and thereafter. Such payments shall be made on a quarterly basis. In addition, during FY2002-3, the remaining 40% of the FY2001-2002 actual costs shall be paid by the University. The additional payment shall be added to the payments made by the University during FY2002-3. 3) The City shall furnish the University with documentation estimating such costs upon completion of each calendar quarter during the term of this Agreement. At the end of each year during the initial term and any extension thereof, the payments shall be reconciled with the actual costs and any overpayment or underpayment shall be corrected. 4) All payments required to be made by any party pursuant to this Agreement shall be made from current revenues available to the paying party as required by Sec. 791.011 of the Texas Government Code. 5) The term of this Agreement shall be October 1, 2001, through September 30, 2003. It may be extended on an annual basis by mutual Agreement of the parties expressed in writing not less than 30 days prior to the expiration of this Agreement or any annual extension thereof. 6) The parties hereto may amend or terminate this agreement at any time by mutual agreement executed in writing not less than 30 days prior to the desired date of amendment or termination. 7) Neither party shall be deemed to be an employee or agent of the other and the City shall be deemed an independent contractor. 8) To the extent permitted by law, each party shall hold the other party harmless from any claim of any nature whatsoever arising from its own activities performed pursuant to this Agreement. EXECUTED this 13th day of September , 2001. UNIVERSITY: BY: C"'/, A &� -, 4 TITLE:. Vice President for Fiscal Affairs, TTU ATTEST: Secretary CITY: WINDY SITTON, MAYOR ATTEST: Rebecca Garza, City Secretary CS APPROVED AS TO CONTENT: Q'" Aw�.111 - Tommy Go alez, As istan City Manager APPROVED AS TO FORM: D ald G.'Vandiver, First Assistant City Attorney ddcon/Tech-PD2. con. do c August 30, 2001