HomeMy WebLinkAboutResolution - 2018-R0238 - Frenship ISD - Cost Sharing - 07/26/2018Resolution No. 2018-RO238
Item No. 6.7
July 26, 2018
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, a Cost Sharing and Reimbursement Agreement for Contract
No. 13946, by and between the City of Lubbock and Frenship Independent School District of
Wolfforth, 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 on July 26, 2018 ...-.
ATTEST:
Reb —Ca Garza, City Secret ry
AS TO
DANIEL M. POPE, MAYOR
Division Director of Public Works
APPROVED AS TO FORM:
itch ,, ust Assis City orney
cedocs/RES.Cost Sharing and Reimbursement Agreement. FISD
05,22.2018
Resolution No. 2018-RO238
COST SHARING AND REIMBURSEMENT AGREEMENT
THIS AGREEMENT is entered into by and between the City of Lubbock, Texas, a Texas Home Rule
Municipality (the "City"), and the Frenship Independent School District ("FISD"), herein referred to
separately as "Party" and collectively as "Parties".
RECITALS
WHEREAS, the City has contracted with West Texas Paving (the "Contractor") for certain
roadway construction and resurfacing work on North Milwaukee Avenue near FISD's Legacy Elementary
School campus (the "Contract") Contract 13945; and
WHEREAS, FISD supports the construction project, and further desires that, to enhance student
safety and traffic flow, the scope of the project include an extended turning lane (the "Additional
Construction") as described in Exhibit "A" and further depicted in Exhibit "B" attached hereto and
incorporated herein for all purposes; and
WHEREAS, to facilitate and secure the Additional Construction, and in the safety interest of the
students, parents, and district personnel, FISD desires to contribute a share of the associated costs
through reimbursement to the City; and
WHEREAS, in light of significantly increased traffic in proximity to the construction project, and
immediate future needs assessment, the City finds that it is in the best interest of the public health,
safety, and welfare of the citizens of Lubbock, Texas to undertake the Additional Construction, and to
accept the offer by FISD to contribute through reimbursement toward the costs therefor; and
WHEREAS, the City of Lubbock estimates cost for the Additional Construction under the terms of
the Contract to be approximately TWO HUNDRED THIRTY THOUSAND THREE HUNDRED SIXTY-EIGHT and
NO/100 DOLLARS ($230,368.00); and
WHEREAS, Texas Education Code section 11.168(b) permits the FISD Board of Trustees to enter
into an agreement for the improvement of real property not owned by the District if the improvements
benefit real property owned or leased by the District, including improvements to highways, streets,
roads, sidewalks, crosswalks utilities and drainage improvements; and
WHEREAS, the Parties hereto agree that in order to expedite the Additional Construction,
Frenship shall contribute, through reimbursement to the City, toward the anticipated costs for work to
be completed 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 construction under the Contract for the original project scope, and
the Additional Construction as described and set forth herein, and with due care oversee the work done
to completion, unless written consent is otherwise provided by FISD.
Cost Sharing and Reimbursement Agreement — COL/Frenship ISD Page 1 of 4
1.2 FISD. FISD shall reimburse City for the costs incurred by the City for the Additional
Construction in an amount of TWO HUNDRED THIRTY THOUSAND THREE HUNDRED SIXTY-EIGHT and
NO/100 DOLLARS ($230,368.00)
2.0 Reimbursement
2.1 FISD. FISD shall reimburse City the amount set forth in Section 1.2 above, in a form
reasonably acceptable to the City, on or before thirty (30) days from the date the City delivers written
notice of final completion of the Additional Construction, and request for reimbursement.
City shall provide evidence of the amount of payment made to Contractor in connection with
the Additional Construction with City's written request for reimbursement.
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.
S.0 Term; Termination
This Agreement shall automatically terminate after final reimbursement by FISD to the City, or
the City's termination of its Contract with Contractor, whichever should occur first. This Agreement is
not subject to early termination by either 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.
7.0 Notice
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: City Manager
P.O. Box 2000
Lubbock, Texas 79457
Frenship Independent School District
Attn: Superintendent of Schools
501711 Street
Wolfforth, Texas 79382
Cost Sharing and Reimbursement Agreement — COL/Frenship ISD Page 2 of 4
8.0 Legal Construction
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.
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.
10.0 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.
11.0 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.
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Cost Sharing and Reimbursement Agreement—COL/Frenship ISD Page 3 of 4
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first
written above.
City of Lubbock:
---' Y
DANIEL M.POPE, MAYOR
Attest:
Reb t
Garza, City Secretary
Frenship Independent School District
LO rd! TcGQ . h ,
Michelle McCord, Ed.D., Superintendent
Cost SW, and ftrnburfement Meement—COL/fretnhip ISD Page 4 of
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