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HomeMy WebLinkAboutResolution - 2433 - Contract - Trkla Pettigrew Allen & Payne - Tax Increment Financing District Plan - 09/25/1986MH:dw RESOLUTION Resolution #2433 September 25, 1986 Agenda Item #22 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, a contract between the City of Lubbock and Trkla, Pettigrew, Allen & Payne, for professional consulting for development of a project plan of a tax increment Financing District in the City of Lubbock, Lubbock County, Texas,. attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of September , 1986. B. C. MCMINN, MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: . Sandy Og.J�htree Community Development Administrator APPROVED AS TO FORM: Michele Hart, Assistant City Attorney Resolution #2433 CONTRACT FOR PROFESSIONAL CONSULTING FOR THE FINANCIAL FEASIBILITY STUDY, BOUNDARY DELINEATION AND DEVELOPMENT OF A PROJECT PLAN OF A TAX INCREMENT FINANCING DISTRICT This Agreement by and between the City of Lubbock (hereinafter referred to as City) and Trkla, Pettigrew, Allen & Payne (hereinafter referred to as TPAP), WHEREAS, the City desires a study to be made of the financial feasibility, boundary delineation and development of a project plan of a Tax Increment Financing District in all or a part of the Overton area and the Central Business District of Lubbock, Texas, pursuant to the Texas Urban Renewal law, and WHEREAS, TPAP possesses the expertise for and desires to perform this study under the direction of Nicholas V. Trkla, President, Trkla, Pettigrew, Allen & Payne, (TPAP). NOW THEREFORE, the parties do mutually agree as follows: ARTICLE I STATEMENT OF WORK TPAP agrees to perform the study as set forth in the proposal dated September 9, 1986, attached hereto as APPENDIX I and made a part of this Agreement. The CONSULTANT will assist the City of Lubbock in preparing a project plan for a tax increment financing district to be designated by the City of Lubbock. This project plan will include: 1. A statement listing the kind, number, and location of all proposed public works or public improvements in the zone. 2. An economic feasibility study. 3. A detailed list of estimated project costs. 4. A description of the methods of financing all project costs and the time when related costs or monetary obligations are to be incurred. 5. A map (or maps) showing existing uses and conditions of real property in the zone. 6. A map showing proposed improvements to and uses of real property in the zone. 7. A description of proposed changes of (a) zoning ordinances, (b) the master plan, (c) building codes, and (d) city ordinances. 8. A list of estimated non -project costs. 9. A statement of a method of relocating persons to be displaced as a result of implementation of the plan. The CONSULTANT will take primary responsibility for: 1. Preparing the economic feasibility study. 2. Coordinating local staff and consultant efforts In completing all tasks leading to the preparation of the final project plan report. 3. Preparing the final project pian report. The City of Lubbock will furnish staff assistance and available data and information from public and private sources as required by the CONSULTANT. ARTICLE II PERIOD OF PERFORMANCE The period of performance for this Agreement shall begin upon delivery to TPAP an executed copy of this Agreement and shall, absent causes beyond the control of TPAP, be completed by December 31, 1986. Extension of this date may be granted by the City of Lubbock if requested by TPAP. ARTICLE III DELIVERY TPAP shall prepare a written report clearly stating the results of the work set forth in APPENDIX I, and shall provide fifteen (15) copies of such report to City. TPAP shall make a verbal and visual presentation of all completed work to the City. Such presentation shall include preliminary presentation to the City Manager and his staff followed by a presentation to the City Council of the City of Lubbock. Such presentation shall be made at times agreed upon between TPAP and the City Manager. TPAP shall prepare monthly written progress reports for staff presentation to the Urban Renewal Board of Directors, the City Council, and any other interested parties as determined by the City staff. ARTICLE IV CONSIDERATION AND PAYMENT For and in consideration of the services to be performed by TPAP under this Agreement, the City shall pay to TPAP for actual costs, based on the following hourly rate schedule, plus direct reimbursement for out-of-pocket expenses. Hourly Rate Schedule Nicholas V. Trkla $95.00 Principal Associates $75.00 - $85.00 Associates $40.00 - $60.00 Technical & Clerical $25.00 2 TPAP's maximum fee for this study under this Agreement is $30,000. Requests for payment shall be made monthly, and shall include a detailed invoice outlining the personnel costs and receipts for actual out-of-pocket expenses. Such payments shall be made by the City within thirty (30) days after receipt of said invoice. Total billings for services rendered under this Agreement will not exceed the sum of $30,000 without express written consent by the City. ARTICLE V INDEMNIFICATION The City and TPAP are independent entities, and neither is the agent of the other under this Agreement. The City shall not be subject to any obligations or liabilities of TPAP incurred in the performance of this Contract. TPAP expressly agrees to indemnify and hold harmless the City for any and all liabilities and obligations Incurred in connection with this Agreement due to the negligence of TPAP, its employees, officers, agents or appointees. ARTICLE VI TERMINATION OF AGREEMENT FOR CAUSE A. If, through any cause, TPAP shall fall to fulfill In a timely and proper manner its obligations under this Agreement or if TPAP shall violate any of the covenants, agreements, or stipulations of this Agreement, City shall thereupon have the right to terminate this Agreement by giving written notice to TPAP of such termination and specifying the effective date thereof, which must be at least fourteen (14) days after TPAP's receipt of said notice. In the event City terminates this Agreement for cause, all finished or unfinished documents, data, studies, maps, drawings, graphics and reports prepared by TPAP under this Agreement shall, at the option of the City, become the property of the City, and TPAP shall be entitled to receive just compensation for any satis- factory work completed on such documents. The City may use such documents and materials for any purpose. B. Notwithstanding the right of the City to terminate this Agreement for Cause, TPAP shall not be relieved of liability to City for damages sustained by City by virtue of any breach of contract by TPAP. C ARTICLE VII OWNERSHIP OF DOCUMENTS Except as provided in Article VI of this Agreement all maps, drawings, and graphics prepared by TPAP shall remain the property of TPAP. TPAP shall provide the City with copies of all maps, drawings, graphics, and reports prepared by TPAP under the terms of this Agreement without further compensation by City than the compensation herein stated. Such documents may be used by the City for any purpose which it deems desirable. ARTICLE VIII CONSULTANT'S ASSURANCES A. TPAP agrees not to discriminate against any employee or applicant for employment because of race, creed, color, sex, or national origin. TPAP agrees not to violate any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975. TPAP will conduct its activities in accordance with the requirements of Section 504 of the Rehabilitation Act of 1973 and will assure that no qualified handicapped person shall, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination, including discrim- ination in employment, under any activity of the TPAP. B. TPAP agrees to conduct the performance of this Agreement in compliance with any and all Federal, State and Local laws and regulations regarding hours, wages, and conditions of employment affecting the services covered by this Agreement. TPAP shall pay the contributions measured by wages of its employees as requested by the Federal Unemployment Tax Act, the Federal Insurance Contri- bution Act, and any other payroll tax. ARTICLE IX GENERAL CONDITIONS A. For the purpose of determining the place of the contract, it is agreed that this Agreement is entered into in the City and County of Lubbock, Texas, and all services to be performed under this Agreement shall be deemed to be performed in the City and County of Lubbock, Texas. B. Successors and Assigns. The City and TPAP each binds itself and its successors and assigns to the other party of this Agreement and to the succes- sors and assigns of such other party, in respect to all covenants of this 4 Agreement. Except as provided above, neither City nor TPAP shall assign, or transfer its interest in this Agreement without the written consent of the other. C. This Contract constitutes and expresses the entire agreement between the parties and shall not be amended or modified except by written Instrument signed by both parties. ARTICLE X If requested and authorized in writing by the City of Lubbock, TPAP will be available to furnish, or obtain from others, extra work in conjunction with the TIF feasibility study and project plan. The costs shall be mutually agreed upon at rates described in Article IV. This Agreement is executed this 25th behalf of TPAP by its day of September , 1986, on and on behalf of City by its Mayor, both of whom are thereunto duly authorized. CITY OF LUBBOCK TRKLA, PETTIGREW, ALLEN & PAYNE U�- B. C. MCMINN, MAYOR /J.S ATTEST: Rane e Boyd, ity Secret y APPROVED AS TO CONTENT: S6- , 62 Sandy Ogl re , Community Development Administrator APPROVED AS TO FORM: Michele Hart, Assistant City Attorney E ATTEST: Resolution #2433 COMMUNITY DEVELOPMENT BLOCK GRANT CONTINGENCY STATUS REPORT AS OF SEPTEMBER 25, 1986 WO # ACTIVITY PROGRAM UNDERRUN OBLIGATED OR EXPENDED BALANCE Twelfth Year Contin ency 50,000.00 Carry Over From 11th year 188,938.41 238,938.41 31116112 Handicap Accessibility (6/12) 50,900.00 188,038.41 Chamber of Commerce-ELDC** 65,040.00 122,998.41 008110 Eng. E. 19th St. (9/25) 29,003.27 152,001.68 008115 Lake 6 Road #2 (9/25) 17,725.91 169,727.59 018211 Copper Rawlings (9/25) 1,973.23 171,700.82 018212 Mack Softball (9/25) 12,827.02 184,527.84 038217 E. 19th Acquisition (9/25) 315.23 184,843.07 068229 Disposition Memorial Center (9/25) 1,246.16 186,089.23 008301 Arnett Benson (9/25) 16,397.07 202,486.30 008304 Residential Rehab (9/25) 3,476.92 205,963.22 018307 Overton Park (9/25) 0.00 205,963.22 018308 Chatman Park (9/25) 696.48 206,659.70 018310 Mae Simmons (9/25) 1,683.15 208,342.85 018311 Mackenzie Trees (9/25) 4,803.55 213,146.40 038316 East 19th Street Paving (9/25) 11,818.62 224,965.02 078325 RR Crossing (9/25) 1,285.96 223,679.06 018406 Berry Park (9/25) 2,333.11 221,345.95 018407 Green Fair Park (9/25) 10,604.69 231,950.64 038408 Niter Paving (9/25) 49,867.15 281,817.79 068420 Land Appraisals (9/25) 5,050.00 286,867.79 068421 Mem Ctr/Riverwalk (9/25) 193.00 287,060.79 068422 Locks for Elderly (9/25) 0.00 287,060.79 018423 Lake 6 Landscape (9/25) 0.00 287,060.79 018501 Area Lighting (9/25) 6,216.23 280,844.56 018510 Tennis Court Conversion (9/25) 10,636.61 291,481.17 048513 Code Enforcement (9/25) 1,704.63 293,185.80 068515 Emergency Repair (9/25) 1,218.28 294,404.08 068516 Security for Green Fair 25,628.12 320,032.20 Manor (9/25) 068517 Indirect Cost (9/25) 16,587.00 303,445.20 088519 Paint -Up (9/25) 40,307.43 - 343,752.63 088520 Weatherization (9/25) 3,477.85 347,230.48 068522 Broadway Brick III (9/25) 1,477.53 345,752.95 038525 RR Crossing -Ave. M & 3rd (9/25) 0.00 345,752.95 CD Administration (9/25) 21,626.24 367,379.19 ONR Administration (9/25) 17,728.43 385,107.62 ONR Field Services (9/25) 6,787.75 391,895.37 31116313 Study E. 26th St. Bridge (9/25) 90,000.00 301,895.37 31116614 TIF Study 30,000.00 271,895.37 "Reserved but not allocated