Loading...
HomeMy WebLinkAboutResolution - 2007-R0064 - Interlocal Agreement - TTU - Training - 02/22/2007Resolution No. 2007-R0064 February 22, 2007 Item No. 6.4 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 training purposes, by and between the City of Lubbock and Texas Tech University, Lubbock, Texas, 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 22nd day of February , 2007. DAVID A. MILLER, MAYOR ATTEST: Re ecca Garza, City Secretary APPROVED AS TO CONTENT: Reb cca Garza, City Secretary APPROVED AS TO FORM: y L.ya s ant it y gsxcdocs//Interlocal Agrmnt-TTU.Training.res 2r 9/ 2007 Resolution No. 2007—R0064 PROJECT AGREEMENT THIS AGREEMENT effective this 22nd day of February , 2007 by and between City of Lubbock (hereinafter referred to as "City") and Texas Tech University, a non-profit educational institution of the State of Texas (hereinafter referred to as "University"). WITNESSETH: WHEREAS, the project contemplated by this Agreement is of mutual interest and benefit to University and to City, will further the instructional, research and service objectives of University in a manner consistent with its status as a non-profit, tax-exempt, educational institution, and may derive benefits for both City and University; NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, the parties hereto agree to the following: Article 1 - Definitions As used herein, the following terms shall have the following meanings: 1.1. "Project" shall mean the description of the project as described in Appendix A hereof, under the direction of Thomas Longoria and Juan Munoz as Project Directors. 1.2. "Project Period" is to begin once students are selected. Any and all work associated with the Project shall completed no later than July 1, 2007. Article 2 - Project Work 2.1. University shall commence the performance of Project promptly after the effective date of this Agreement, and shall use reasonable efforts to perform such Project substantially in accordance with the terms and conditions of this Agreement. Anything in this Agreement to the contrary notwithstanding, City and University may at any time amend Project by mutual written agreement. 2.2. In the event that the Project Directors become unable or unwilling to continue Project, and a mutually acceptable substitute is not available, University and/or City shall have the option to terminate said Project. 2.3 Any and all materials to be created or utilized by University for purposes of the Project shall be reviewed and approved by the City. University agrees to make any and all changes to such material as directed by the City. Article 3 - Reports and Deliverables 3.1 During the term of this Agreement, representatives of University will meet with representatives of City at times and places mutually agreed upon to discuss the progress and results, as well as ongoing plans, or changes therein, of Project to be performed hereunder. Article 4 - Costs, Billings, and Other Support 4.1 It is agreed to and understood by the parties hereto that this is a fixed price agreement. Total costs to City hereunder shall not exceed the sum of $2,400. Payment shall be made by City according to the following schedule: The payment shall be made by August 1, 2007. 4.2 Due to the nature of this project, NO costs will be accrued by the University. Article 5 - Term and Termination 5.1 This agreement shall become effective upon the date first hereinabove written and shall continue in effect for the full duration of the Project Period unless sooner terminated in accordance with the provision of this Article. The parties hereto may, however, extend the term of this Agreement for additional periods as desired under mutually agreeable terms and conditions which the parties reduce to writing and sign. Either party may terminate this agreement upon thirty (30) days prior written notice to the other. 5.2 In the event that either party hereto shall commit any breach of or default in any of the terms or conditions of this Agreement, and also shall fail to remedy such default or breach within thirty (30) days after receipt of written notice thereof from the other party hereto, the party giving notice may, at its option and in addition to any other remedies which it may have at law or in equity, terminate this Agreement by sending notice of termination in writing to the other party to such effect, and such termination shall be effective as of the date of the receipt of such notice. 5.3 Termination of this Agreement by either party for any reason shall not affect the rights and obligations of the parties accrued prior to the effective date of termination of this Agreement. No termination of this Agreement, however effectuated, shall release the parties hereto from their rights and obligations under Articles. Article 6 - Independent Contractor 6.1 In the performance of all services hereunder: 6.1.1 University shall be deemed to be and shall be an independent contractor and, as such, University shall not be entitled to any benefits applicable to employees of City; 6.1.2 Neither party is authorized or empowered to act as agent for the other for any purpose and shall not on behalf of the other enter into any contract, warranty, or representation as to any matter. Neither shall be bound by the acts or conduct of the other. Article 7 - Insurance 7.1 University warrants and represents that University has adequate Worker's Compensation Insurance, which is applicable to officers, employees, and agents while acting within the scope of their employment by University, and University has no liability insurance policy as such that can extend protection to any other person. 7.2 Each party hereby assumes any and all risks of personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees, and agents thereof. Article 8 - Governing Law 8.1 This agreement shall be governed and construed in accordance with the laws of the State of Texas. 8.2 This Agreement is executed pursuant to the provisions of Chapter 791 of the Texas Government Code. 8.3 The parties agree that all payments to this Agreement must be made from current revenues available to each respective party pursuant to Section 791.0111 of the Texas Government Code. Article 9 - Assignment 9.1 This agreement shall not be assigned by either party without the prior written consent of the parties hereto. Article 10 - Agreement Modification 10.1 Any agreement to change the terms of this agreement in any way shall be valid only if the change is made in writing and approved by mutual agreement of authorized representatives of the parties hereto. Article 11 - Notices 11.1 Notices, invoices, communications, and payments hereunder shall be deemed made if given by registered or certified envelope, postage prepaid and addressed to the party to receive such notice, invoice, or communication at the address given below, or such other address as may hereafter be designated by notice in writing: If to City: Rebecca Garza, City Secretary City of Lubbock P. O. Box 2000 Lubbock, TX 79457 If to University and a contractual matter: Kathleen Harris Office of Research Services Texas Tech University Lubbock, TX 79409-1035 If to University and a technical matter: Thomas Longoria Center for Public Service Texas Tech University Lubbock, TX 79409-1035 IN WITNESS WHEREOF, the parties have caused these presents to be executed in duplicate as of the day and year first above written. CITY OF LUBBOCK By: Davi A. Miller Title: Mayor Date: February 22, 2007 ATTEST: 1-1� - R ecca Garza, City Secretary APPROVED AS TO CONTENT: ice-c-r, Re ecca Garza, City Secreta APPROVED $ TO FORM: Amy L. i , Assis t City Attorney gs. Training Agrmnt TTL! 02 08 2007 TEXAS TECH UNIVERSITY d��.j..r �•«_7�lf ice_^. -.____ By: Dr. Kathleen Harris___ Title: Office of Research Services Date: 3 .50-017 Resolution No. 2007-R0064 Appendix A Preparing Lubbock Residents to Serve on Boards and Commissions Purpose Citizen participation should be as inclusive as possible. One significant area of citizen involvement is through service on local government board and commissions. Boards and commissions exist to provide an advisory role to the city council. In some cases, however, boards and commissions have limited administrative and/or quasi-judicial powers. Because of this significant role, individuals who serve on boards and commissions must have adequate knowledge as well as preparation to play a meaningful role in the workings of the boards or commissions. This training program aims to create a larger pool of residents who have the skills and basic knowledge to serve on boards and commissions. Participants will be solicited using a variety of strategies including public advertising and cooperation with other groups, individuals, and organizations. Proposed Seminar Agenda The Texas Tech University Center for Public Service and Cross Cultural Academic Advancement Center will offer two seminars in March 2007. Seminar #1 9:00-9:30 Introductions and Overview of the Program 9:30-10:00 Why Do Cities Have Boards and Commissions? (Roles and Responsibilities) 10:00-10:45 Effective Management of Public Meetings (Robert's Rules of Order) 10:45-11:00 Break 11:00-12:15 Interacting with the Public (Public Information Act) 12:15-1:30 Lunch and Panel Session (Current members of three boards or commissions, to be announced) Seminar #2 9:00-10:00 Ethics and Conflict of Interest 10:00-11:00 Self Assessment (Identifying Your Strengths and Skills) 11:00-11:15 Break 11:15-12:15 Board Meeting Simulation 12:15-1:30 Lunch and Panel Sessions (Current members of three boards or commissions, to be announced) Location All classes will be taught on the Texas Tech University campus at a location to be announced. Cost Enrollment for the training seminars will be capped at 30 attendees. The cost for each training day will be $1,200 for a total of $2,400. The $1,200 amount is derived from the following costs: $300 for photocopies and materials ($10 (per participant); $600 for meals and snacks ($20.00 (per participant)); $300 for training fees ($75 per hour). Other Costs All other costs related to this project will be absorbed by the Center for Public Service and the Cross -Cultural Center. Residents who complete the program will be honored at a reception that will be funded at the expense of the Cross -Cultural Center and the Center for Public Service. Certificates of completion will also be awarded.