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HomeMy WebLinkAboutResolution - 2017-R0389 - LMPO - Bicycle And Pedestrian Master Plan - 10/26/2017Resolution No.2017-R0389 Item No.6.7 October 26,2017 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 Agreement to fund planning services for a Regional Bicycle and Pedestrian Master Plan, by and between the City of Lubbock and the Lubbock Metropolitan Planning Organization,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 on the 26th day of October 2017. DANIEL M.POPE,MAYOR ATTEST: jULxjLjl^. Rebecca Garza, City Secretary APPROVED AS TO CONTENT anitlin,P. E.,Director of Public Works APPROVED AS TO FORM: RES.LMPO-Bicycle Plan (10-10-17) Resolution No. 2017-RO389 Agreement between The Lubbock Metropolitan Planning Organization and the City of Lubbock This Agreement is entered into, by and between, the Lubbock Metropolitan Planning Organization's Transportation Policy Committee, acting as the legal representative of the Lubbock Metropolitan Planning Organization in the Lubbock urbanized area, as authorized by Title 23 U.S.C. Section 134 and Title 49 U.S.C. Section 5303 et seq., hereinafter called the "MPO" and the City of Lubbock, hereinafter called "City." WHEREAS, the parties wish to establish a Regional Bicycle and Pedestrian Master Plan (the "Plan") wherein a plan will be established to facilitate bicycle transportation and safety throughout the Lubbock metropolitan area; and WHEREAS, a federal grant has been issued to provide eighty (80%) percent of the required funding for the Plan; and and WHEREAS, the City shall provide a 20% match to the federal funds for the Plan; WHEREAS, the parties wish to engage the services of a consultant to create and perform the Plan; and WHEREAS, parties agree that the MPO is the appropriate entity to hire such a consultant and manage any related planning contract related to the Plan. NOW, THEREFORE, the parties do hereby agree as follows: 1. The available funding for Plan shall be in the total amount of $250,000. Of this amount, eighty percent (80%), or $200,000.00 shall be federal funds. The City shall pay twenty percent (20%), or $50,000. In no event shall the cost of the Plan exceed $250,000.00. 2. The MPO shall be responsible for hiring a consultant (the "Selected Consultant") to perform the Plan. The MPO shall utilize either a Request for Proposal or a Request for Qualifications process in order to select the Selected Consultant, whichever complies with applicable federal or state regulations. The MPO shall conduct the hiring and selection process in accordance with the City of Lubbock's approved procurement policy and with all applicable federal, state and local law, including but not limited to, applicable federal and/or state procurement laws and regulations. 3. The MPO shall submit all invoices from the Selected Consultant to the City promptly for payment. Upon receipt of said invoicds, the City shall remit payment directly to the Selected Consultant and the MPO will then promptly reimburse the City for the eighty percent (80%) federal share of such invoiced amount. 4. This Agreement shall be duly authorized by the governing body of each parry. If a governing body fails to authorize such Agreement, then this Agreement shall be considered null and void. 5. Each party paying for the performance of governmental functions or services pursuant to this Agreement shall make payments therefore from current revenues available to the paying party. 6. Each parry's Chief Administrative Officer shall designate the appropriate official or officials within its jurisdiction to take actions necessary to carry out the purposes of this Agreement. Each party shall provide the other with the name, address, title 2 or position, and telephone number of each designated official. The same information shall be provided for the official authorized to direct activities under this Agreement, if different from the above mentioned officials. 7. WAIVER: (A) All immunities from liability enjoyed by each party within its own territorial limits and jurisdiction shall extend to its participation in performing actions pursuant to this Agreement unless otherwise provided by law. (B) Each party to this agreement will be responsible for its own actions in providing services under this agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. (C) The relationship between the City and the MPO is at all times solely that of contractor/contractee, and may not be deemed, in any event, a partnership or a joint venture and conveys no other rights or privileges. 8. This Agreement contains all commitments and agreements of the parties and no other oral or written commitments shall have any force or effect if not contained herein. Any proposed amendments shall not be effective until approved in writing by all parties to this Agreement. 9. This Agreement shall become effective upon signing by both parties and by the authorized and designated agents of the governing body of each party. It shall remain in effect until terminated by either party upon written notice setting forth the date of termination. The parties agree that each shall have the right to terminate this Agreement upon thirty (30) days written notice to the other party of this Agreement. 3 10. Each party agrees that if legal action is brought under this Agreement, exclusive venue shall lie in the Lubbock County, Texas. 11. In the event that one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this Agreement. Signed this 26th day of October 2017. LUBBOCK METROPOLITAN PLANNING ORGANIZATION Mauri e Pearl, Chairperson, Transportation Policy Committee APPROVED AS TO CONTENT 0 Da id Jones, E utive Director Lubbock Metropoli Planning Organization APPROVED AS TO FORM: Mattw Wade, Attorney for Lubbock Metropolitan Planning Organization CITY OF LUBBOCK 4 Daniel M. Pope, Ma or City of Lubbock ATTEST: Q-e�- 'i r - Reb cca. Garza, City Secretar 0 VED AS TO�CONTENT: L. Wop(d Franjdin, P. E., Director of Public Works APPROVED AS TO FORM: