HomeMy WebLinkAboutResolution - 2021-R0300 - Cost Sharing and Reimbursement Agreement with Lubbock County 15828 8.24.21Resolution No. 2021-R0300
Item No. 7.14
August 24, 2021
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Director of Purchasing for the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Cost Sharing and Reimbursement for
orthorectified digital imagery, LiDAR and mapping of a certain area, by and between the City
of Lubbock and the County of Lubbock, and related documents; and any payment made
pursuant to this Agreement shall be made from the current revenues available to each party to
this Agreement. 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 on August 24, 2021
AT EST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
DANIEL M. POPE, MAYOR
0
Aw-
Jesica Moachern, Assik_wr iy Manager
APPROVED AS TO FORM:
Deputy City Attorney
Resolution No. 2021-R0300
COST SHARING AND REIMBURSEMENT AGREEMENT
THIS AGREEMENT is entered into the 24th day of August , 2021 by
and between the City of Lubbock, Texas, a Texas Home Rule Municipality ("City"), and
Lubbock County ("County"), herein referred to separately as "Party" and collectively as
"Parties."
RECITALS
WHEREAS, the City and the County have need for orthorectified digital imagery,
LiDAR and associated mapping of planimetric features of an area of approximately 1,148 square
miles which includes Lubbock County and additional surrounding areas ("Project'); and
WHEREAS, as a component part of the of the Project, Bohannon Huston, Inc. will
perform digital orthophotography services ("Services"); and
WHEREAS, the City and the County will both utilize the information from the Project
for each entity to perform its Geographic Information System Mapping (GIS); and
WHEREAS, the City and County find that it is in the best interest of the public health,
safety, and welfare of the citizens of both the City and County to join financial resources for
these Services associated with the Project; and
WHEREAS, Texas Government Code Chapter 791 permits a local government to
contract with another local government to pay jointly all or part of the Project costs; and
WHEREAS, the Parties hereto agree to share the cost of the Services, and that the County
shall contribute in the cost of the Services, through partial reimbursement, for work to be
completed pursuant to the Project as set forth herein.
TERMS
NOW, THEREFORE, in consideration of the promises and mutual agreements
hereinafter set forth, the Parties hereby do mutually agree as follows:
1.0 Parties Obligations
1.1 City. City shall fund the Project as set forth herein, and with due care oversee the
work done pursuant to the Project to completion, unless written consent is otherwise provided by
all Parties hereto.
1.2 County. County shall reimburse City for a portion of the Services, of the costs
incurred by the City for the Project in an amount not to exceed FIFTY THOUSAND and 00/100
DOLLARS ($50,000.00).
Cost Sharing and Reimbursement Agreement --Digital Orthophotography COL & County Page 1 of 4
2.0 Reimbursements
2.1 County. County shall pay the City an amount not exceed a total of $50,000.
3.0 Breach
The failure of either Party to comply with their obligations, including but not limited to
promptly reimbursing City the agreed amounts set forth in Section 2.0, shall constitute a breach
of this Agreement.
4.0 Waiver
The waiver of any requirement hereunder by any Party hereto shall not be effective
unless properly authorized and in writing.
5.0 Term; Termination
This Agreement shall automatically terminate after final reimbursement by the County to
the City, or the City's termination of its Contract with the contractor, whichever should occur
first. This Agreement is not subject to early termination by any Party.
6.0 Texas Law to Apply
This Agreement shall be construed under and in accordance with the laws of the State of
Texas, and all obligations of the Parties created hereunder are performable in Lubbock County,
Texas.
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All notices, whether for reimbursement or otherwise, shall be in writing and may be hand
delivered, or sent by registered or certified mail, postage prepaid, return receipt requested to the
following addresses:
City of Lubbock
Attn: Michael G. Keenum P.E.
P.O. Box 2000
Lubbock, Texas 79457
8.0 Legal Construction
Lubbock County
Attn: Jennifer Davidson
PO Box 10536
Lubbock, Texas 79408
If any one or more of the provisions contained in this agreement shall for any reason be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability
shall not affect any other provision hereof and this agreement shall be construed as if such
invalid, illegal, or unenforceable provisions had never been contained herein.
Cost Sharing and Reimbursement Agreement -Digital Orthophotography COL & County Page 2 of 4
9.0 Non -Arbitration
The parties reserve the right to exercise any right or remedy available to it by law,
contract, equity, or otherwise, including without limitation, the right to seek any and all forms of
relief in a court of competent jurisdiction. Further, the parties shall not be subject to any
arbitration process prior to exercising its unrestricted right to seek judicial remedy. The
remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently.
To the extent of any conflict between this provision and another provision in, or related to, this
document, the former shall control.
11.0 Entire Agreement
This Agreement supersedes any and all other agreements, either oral or in writing,
between the Parties hereto with respect to the subject matter hereof and contains all of the
covenants and agreements between the Parties with respect to said matter. Each Party to this
Agreement acknowledges that no representations, inducements, promises, or agreements, oral or
otherwise, have been made by any Party or anyone acting on behalf of any Party which are not
embodied herein and that no other agreements, statement, or promise not contained in this
Agreement shall be valid or binding. No modification concerning this instrument shall be of any
force or effect, excepting a subsequent amendment in writing signed by the Parties. No official,
representative, agent or employee of either entity, has any authority to modify this Agreement
except pursuant to express authority to do so granted by the governing body.
12.0 Parties Bound/Authority
This Agreement shall be binding upon and inure to the benefit of the Parties to it and their
respective legal representatives, successors and assigns where permitted by this Agreement. The
undersigned represent and warrant their authority to execute this Agreement, and to bind the
Parties hereto.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the
date first written above.
City of Lubbock:
Marta Al fez, Director of Purchasing
Lubbock County:
S PARRISH, County Judge
Cost Sharing and Reimbursement Agreement -Digital Orthophotography COL & County Page 3 of 4
Approve as to Content:
IVCIL� Ge- W-VA6 _4AwV.._,
i eenum, P.E., Division Director
O ngin ering/City Engineer
�%_� 0 . xJ1,14 _7� 4e,
Jesica M c e , Assi C Manager
ADDrove as to Form:
Attest:
MellyPi ion, o n Jerk
jli�fer Davi n, P.E., Director of u ltc Works
Jenner a k, Assistant District Attorney
Cost Sharing and Reimbursement Agreement --Digital Orthophotography COL & County Page 4 of 4