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HomeMy WebLinkAboutResolution - 2007-R0219 - Interlocal Agreement - TXDOT - Establishment And Operation Of TMC - 05_24_2007Resolution No. 2007-RO219 May 24, 2007 Item No. 5.8 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute an interlocal Agreement by and between the City of Lubbock and the Texas Department of Transportation for the establishment and operation of a Traffic Management Center (TMQ at the City of Lubbock Traffic Engineering Office for operation of TXDOT's Intelligent Transportation System (ITS) for state highway rights -of -way within the City of Lubbock, which Agreement and any associated documents are attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this 24th day of way , 2007. DAVID A. MILLER, MAYOR ATTEST: Reb ca Garza, City Secretary APPROVED AS TO CONTENT: Je D. H , Jr., P.E., City Traffic Engineer APPROVED ADO FORM: f Vandiver, Attorney of Counsel DDres/TXDOTtmWicManagementCenterCon07Rcs April 17, 2007 THE STATE OF TEXAS § THE COUNTY OF TRAVIS § INTERLOCAL AGREEMENT Contract No Resolution No. 2007—RO219 THIS CONTRACT is entered into by the Contracting Parties under Government Code, Chapter 791. I. CONTRACTING PARTIES: The Texas Department of Transportation TxDOT City of Lubbock Local Government [I. PURPOSE: To establish and operate a Traffic Management Center (TMC) at the City of Lubbock Traffic Engineering office for the operation of TxDOT's Intelligent Transportation System (ITS) within the city limits of Lubbock. III. STATEMENT OF SERVICES TO BE PERFORMED: The Local Government will undertake and carry out services described in Attachment A, Scope of Services. IV. CONTRACT PAYMENT: The total amount of this contract shall not exceed $200,000 and shall conform to the provisions of Attachment B, Budget. Payments shall be billed monthly. V. TERM OF CONTRACT: Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. This contract begins on September 1, 2007 and terminates on August 31, 2009 or when otherwise terminated as provided in this Agreement. VI. LEGAL AUTHORITY: THE PARTIES certify that the services provided under this contract are services that are properly within the legal authority of the Contracting Parties The governing body, by resolution or ordinance, dated May 11, 2007 , has authorized the Local Government to provide the scope of services. This contract incorporates the provisions of Attachment A, Scope of Services, Attachment B, Budget Attachment C, General Terms and Conditions, Attachment D, Staffing Schedule, Attachment E, Resolution Interlocai - TMC Page I of 13 4/16/07 Contract No FOR THE CITY OF LUBBOCK By: May 24 , 2007 Authorized ignature Date Title David A. Miller, Mayor Attest: Rebecca Garza City Secretary Approved As To Confer it: ` ryl D. art Jr., P.E. ity Traffic Engineer APPev�dAs 1b Form: Don Vandiver�� Attorney of Counsel FOR THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By V" a - yI ' Date Lea A. Burnett Senior Contracts Attorney Office of General Counsel Interlocal - TMC Page 2 of 13 4/ 1 Gr07 Contract No, Resolution No. 2007—R021 ATTACHMENT A Scope of Services Provision of Infrastructure TxDOT is the owner of Intelligent Transportation (IT) Infrastructure constructed along segments of the State highway system in Lubbock County, Texas and has produced and produces transportation related information that is used for the purpose of Intelligent Transportation System (ITS), generally known as "Lubbock District TMC" and TxDOT owns certain rights, title and interests related thereto, including copyrights. The City of Lubbock is granted a non-exclusive license from TOOT to receive and use the Lubbock District TMC ITS Closed Circuit Television (CCTV) video, to use Lubbock District IT infrastructure and the TxDOT Logo. TxDOT may provide unused IT infrastructure and TxDOT facilities to support the additional infrastructure when possible, and when deemed to be in the best interest of TxDOT and the Local Government. The Local Government agrees that TOOT does not guarantee the availability of Lubbock District TMC ITS CCTV video or a minimum response time to reestablish the broadcast of Lubbock District TMC ITS CCTV video due to network or system failures. As the use of the Lubbock District TMC ITS CCTV video will result in social, economic, and environmental mitigation, by increasing mobility and reducing congestion on public highways, TxDOT agrees to waive any fees associated with the use of TOOT property. The startup hardware and software will be supplied to the City of Lubbock Traffic Engineering Department. TOOT will supply the City of Lubbock any updates to the TOOT Advance Traffic Management System (ATMS) software. The City of Lubbock is responsible for maintaining the hardware supplied by TxDOT. TxDOT Lubbock District Closed Circuit Television Access to Pan, Tilt, and Zoom Guidelines During an incident, access shall normally be limited to TOOT, City of Lubbock Traffic Engineering and local emergency service agencies. An incident is defined as any condition in which traffic flow is not normal. As an example, abnormal traffic flow could be caused by debris in the road, such as a mattress or board, or could be caused by non -recurring congestion, such as on -lookers to an automobile accident, public gathering, construction, or roadway maintenance. The duration of the incident shall be considered complete once traffic flow has returned to normal and any TOOT, City of Lubbock and/or emergency service personnel and vehicles have departed from the incident scene. During periods of peak traffic flow, access shall normally be limited to TxDOT and the City of Lubbock Traffic Engineering. Peak traffic flow is normally considered to exist regularly during two periods of the day, Monday through Friday. In general, one period of peak traffic flow exists in the early morning and the other period of peak traffic flow exists in the late afternoon. Additional periods of peak traffic flow may exist at other times during the weekday and weekend due to special events and public gatherings. Precise times of regular and additional anticipated peak periods of traffic flow shall be the sole determination of TOOT and may change from time to time. Panning, tilting, or zooming to obtain visual detailed information of an incident scene or traffic flow is limited to TOOT, City of Lubbock and emergency service agencies at ail times. There will be times outside of those described above where access shall be limited to obtaining broad general traffic information. During all other periods, not described above, access shall be limited to obtaining transportation related information. Panning, tilting, and zooming for law enforcement and any non -transportation related information purpose is forbidden at any time. A single breach of any of the above guidelines shall be grounds to immediately withdraw the privilege of pan, tilt, and zoom. Interlocal - TMC Page 3 od' 13 4 16/07 Contract No The Local Government will: 1. The Local Government will establish and operate a TMC within their existing Traffic Engineering building to conduct the daily operations of TxDOT Lubbock District Intelligent Transportation System Freeway Management within the city limits of Lubbock. 2. The Local Government will provide the building and make any necessary improvements to their TMC control room at no cost to TxDOT. 3. Any equipment purchased by TxDOT for use at the TMC will remain the property of TxDOT. 4. The Local Government will maintain and incur the costs of all city owned equipment located at their TMC or other city owned facilities and will retain ownership of all city purchased equipment, supplies and software. 5. The Local Government will staff and operate the TMC in accordance with the staffing schedule shown as Attachment D. Changes to the hours of operations will be submitted to the TxDOT Lubbock District Engineer for prior approval. 6. The Local Government will maintain the TxDOT ITS fiber network and will be reimbursed by TxDOT for their actual labor costs as defined in Attachment B, Budget. 7. The Local Government will provide proper documentation to TxDOT in the form of invoices, time sheets, etc. to justify reimbursement requests. TxDOT will: 1. TOOT will allocate $100,000 each year of the biennium for the operation and maintenance of the ITS Traffic Management Center at the City of Lubbock. 2. TxDOT will reimburse the Local Government for actual costs related to the Local Government's responsibilities as listed above in items one through seven. 3. TxDOT will provide technical assistance to the Local Government for design, equipment purchase, operational management, and similar items. 4. TxDOT will not charge administrative or other charges not identified in this agreement. 5. TxDOT will be responsible for the maintenance and operations of all ITS software, hardware located at TxDOT Lubbock's Information Resource Office (servers, decoders, etc.), and field devices (dynamic message signs, closed circuit television cameras, microwave vehicle detection devices, etc.). Interlocal - TMC Page 4 of 13 4 i 6/07 O --U7Tr(ZoD I Contract NID ATTACHMENT B Resolution No. 2007—RO219 Budget Reimbursable charges for work performed by the City of Lubbock Reimbursements will be based on the actual costs and will not exceed $100,000 per fiscal year. One full time engineer • 75% of salary including benefits(TxDOT reimbursement not to exceed $75,0001 year) Fiber Network Maintenance • Cost for fiber splicing will be $30.00 per strand of fiber. • Trouble shooting fiber will be reimbursed on a per hour basis for actual work charged. License Fee: TxDOT agrees to waive any monetary fee associated with the use of the Lubbock District TMC ITS CCTV. Interlocal - TMC Page 5 of 13 4/16/07 c,5-1LTFlo-buI Contract No 0_5_2-f Resolution No. 2007—RO219 ATTACHMENT C General Terms and Conditions Article 1. Additional Work A. If the Local Government is of the opinion that any assigned work is beyond the scope of this contract and constitutes additional work, it shall promptly notify TxDOT in writing. The written notice shall present the relevant facts and show how the work constitutes additional work. S. If TxDOT in its sole discretion finds that the work does constitute additional work, TxDOT shall so advise the Local Government and a written amendment will be executed. The Local Government shall not perform any proposed additional work or incur any additional costs before the execution of an amendment. C. TxDOT shall not be responsible for actions by the Local Government or for any costs incurred by the Local Government relating to additional work that is performed before an amendment is executed or that is outside the scope of the contract, as amended. Article 2. Rights Granted TxDOT hereby grants the Local Government a non-exclusive right, license, and privilege to use Lubbock District TMC ITS CCTV video and Lubbock District IT Infrastructure for the purpose of obtaining and sharing Transportation related information. The Local Government agrees to give TxDOT voice and/or visual credit (TxDOT Logo) for sharing the information. TxDOT may transmit Lubbock District TMC ITS video information to the Local Government with an imbedded TxDOT Logo. The Local Government shall not block, modify, or remove the TxDOT Logo. The Local Government agrees that this agreement does not transfer or convey any ownership or any other rights other than those rights expressly granted by the agreement. In addition the following rights are granted to the City of Lubbock Traffic Engineering, Police and Fire Departments: • Right to connect to TxDOT Lubbock District ATMS local area network as a client(s) at a secure level to be determined by TxDOT. Right to use TxDOT ATMS software as a client(s) at a secure level to be determined by TxDOT. Right to be configured as a client workstation on the TxDOT Lubbock District CCTV control software with privilege for camera selection and access to pan, tilt, and zoom at a secure level to be determined by TxDOT to obtain transportation related information in accordance with the guidelines established in Article 3. Access to pan, tilt, and zoom may be withdrawn at any time by TxDOT without notice if access is determined to not be in the best interest of TxDOT. Article 3. Copyright Infringement The Local Government shall notify TxDOT of any infringement or potential infringement by a third party, of which it becomes aware, of the copyright or any other rights owned by TxDOT relating to the Lubbock District TMC ITS CCTV video. The Local Government shall provide TxDOT, if feasible, any information or other assistance requested by TxDOT to assist in TxDOT's prosecution of any breaches or infringements. Article 4. Taxes and Fees Licensee agrees to report to the appropriate taxation authority and pay all federal, state, and local taxes or fees that may be imposed by any governmental entity for the use of the license. Interlocal - LGPerf Page 6 of 13 4J16;07 Contract No Article 5. Assignment Prohibition The Local Government is prohibited from assigning the license or licensing any of the rights conferred by this agreement, to any third party. Notwithstanding the foregoing, the Local Government may assign its licensed rights to an affiliated corporate entity or to a purchaser of substantially all its assets without TxDOT's consent, provided that TxDOT's rights under this agreement remain unaffected. Any assignments shall be subject to the terms and conditions of this agreement. Article 6. Amendments This contract may only be amended by written agreement executed by both parties before the contract is terminated. Article 7. Conflicts Between Agreements If the terms of this contract conflict with the terms of any other contract between the parties, the most recent contract shall prevail. Article 8. Nonconforming Work If the Local Government submits work that does not comply with the terms of this contract, TxDOT shall instruct the Local Government to make any revisions that are necessary to bring the work into compliance with the contract. No additional compensation shall be paid for this work. Article 9. Termination This contract terminates at the end of the contract term, when all services and obligations contained in this contract have been satisfactorily completed, by mutual written agreement, or 30 days after either party gives notice to the other party, whichever occurs first. TxDOT shall compensate the Local Government only for those eligible expenses that are incurred during this contract and that are directly attributable to the completed portion of the work covered by this contract and only if the work has been completed in a manner satisfactory and acceptable to TxDOT. The Local Government shall neither incur nor be reimbursed for any new obligations after the date of termination. Termination of the agreement shall extinguish all rights, duties, obligations and liabilities of TOOT and Local Government of this agreement. All rights granted to the Local Government shall revert to TxDOT as owner of the information. Upon termination of this agreement, the Local Government will immediately cease transmitting, using, distributing and/or modifying the electronic signals. Termination or expiration of this agreement shall not extinguish any of the Local Government's or TxDOT's obligation under this agreement which by their terms continue after the date of termination or expiration. Article 10. Indemnification The Local Government shall indemnify and save harmless TOOT from any and all losses, liabilities, damages, claims, demands, costs, expenses, or other liabilities arising out of or connected with Local Government's possession or use of the information during the agreement including, but not limited to, any illegal or improper use of the information or any violation of right to privacy. The Local Government's indemnification of TOOT shall extend for a period of three (3) years beyond the termination of this agreement. Article 11. Funding TxDOT shall pay for services from appropriation items or accounts from which like expenditures would normally be paid. Payments received by the Local Government shall be credited to the current appropriation items or accounts from which expenditures of that character were originally made. If for any reason subcontractors and suppliers, if any, are not paid before TxDOT reimburses the Local Government for their services, the Local Government shall pay the subcontractors and suppliers all undisputed amounts due for work no more than 10 days after the Local Government receives lnterlocal - P.GPerf Page 7 of 13 4/16/07 p5-"7 �TF Lr?CYs� Contract No t9a'1 payment for the work unless a different time is specified by law. This requirement also applies to all lower -tier subcontractors and suppliers and must be incorporated in all subcontracts. If the Local Government fails to comply with this Article, TxDOT may withhold payments and suspend work until the subcontractors and suppliers are paid. The Local Government is authorized to submit requests for reimbursement no more frequently than monthly and no later than ninety (90) days after costs are incurred. Article 12. Basis for Calculating Reimbursement Costs TxDOT will reimburse the Local Government for actual costs incurred in carrying out the services authorized in Attachment A, Scope of Services, subject to the cost categories and estimated costs set forth in Attachment B, Budget. TxDOT shall compensate the Local Government for only those eligible expenses incurred during this contract that are directly attributable to the completed portion of the work covered by this contract, provided that the work has been completed in a manner satisfactory and acceptable to TxDOT. The Local Government shall not incur or be reimbursed for any new obligations after the effective date of termination. The Local Government shall bill TxDOT for actual travel expenses, not to exceed the limits reimbursable under state law. Out-of-state or out -of -country travel by the Local Government requires prior approval by TxDOT. Article 13. Gratuities Any person who is doing business with or who reasonably speaking may do business with TxDOT under this contract may not make any offer of benefits, gifts, or favors to employees of TxDOT. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Executive Director of the Texas Department of Transportation. Article 14. Conflict of Interest The Local Government shall not assign an employee to a project if the employee: A. owns an interest in or is an officer or employee of a business entity that has or may have a contract with the state relating to the project; B. has a direct or indirect financial interest in the outcome of the project; C. has performed services regarding the subject matter of the project for an entity that has a direct or indirect financial interest in the outcome of the project or that has or may have a contract with TxDOT; or D. is a current part-time or full-time employee of TxDOT. Article 15. Local Government Resources All employees of the Local Government shall have adequate knowledge and experience to enable them to perform the duties assigned to them. The Local Government certifies that it currently has adequate qualified personnel in its employment to perform the work required under this contract or will be able to obtain adequate qualified personnel from sources other than TxDOT. On receipt of written notice from TxDOT detailing supporting factors and evidence, the Local Government shall remove from the project any employee of the Local Government who is incompetent or whose conduct becomes detrimental to the work. Unless otherwise specified, the Local Government shall furnish all equipment, materials, supplies, and other resources required to perform the work. Article 16. Assignment Subcontracts A subcontract may not be executed by the Local Government without prior written authorization by TxDOT. Subcontracts in excess of $25,000 shall contain all applicable terms and conditions of this contract. No subcontract will relieve the Local Government of its responsibility under this contract. Neither party shall assign any interest in this agreement. Interlocal — LGPerf Page 8 of 13 4/16/07 0 Contract No-r" Article 17. Responsibilities of the Parties Each party acknowledges that it is not an agent, servant, or employee of the other party. Each party is responsible for its own acts and deeds and for those of its agents, servants, or employees. Article 18. Disputes The Local Government shall be responsible for the settlement of all contractual and administrative issues arising out of procurements entered in support of contract services. TxDOT shall be responsible for the settlement of any dispute concerning this contract unless the dispute involves a subcontract. Article 19. Remedies Violation or breach of contract by the Licensee shall be grounds for termination of the agreement. Any increased costs arising from the Licensee's default, breach of contract or violation of contract terms shall be paid by the Licensee. Article 20. Confidentiality The Local Government shall not disclose information obtained from TxDOT under this contract without the express written consent of TxDOT. Article 21. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and to the property management standards established in Title 49 CFR §18.32. The Local Government shall not sell the equipment provided under this agreement or convert or use the equipment for purposes other than the intended purpose specified in this agreement. The Local Government shall return unused equipment to TxDOT. Article 22. Records and Ownership A. The Local Government agrees to maintain all books, documents, papers, accounting records, and other evidence pertaining to costs at its office during the contract period and for four years from the date of final payment under the contract. These materials shall be made available for inspection and copying by TxDOT, by the State Auditor's Office, and by their authorized representatives. If the contract is federally funded, these materials shall also be made available for inspection and copying by the U.S. Department of Transportation and by the Office of the Inspector General. B. After completion or termination of this contract, all documents prepared by the Local Government or furnished to the Local Government by TxDOT shall be delivered to and become the property of TxDOT. All sketches, photographs, calculations, and other data prepared under this contract shall be made available, on request, to TxDOT without restriction or limitation of further use. C. TxDOT shall own all title to, all interests in, all rights to, and all intellectual property (including copyrights, trade and service marks, trade secrets, and patentable devices or methods) arising from or developed under this contract. D. Except to the extent that a specific provision of this contract states to the contrary, all equipment purchased by the Local Government or its subcontractors under this contract shall be owned by TxDOT and will be delivered to TxDOT at the time the contract is completed or terminated. E. The State Auditor may conduct an audit or investigation of any entity receiving funds from TxDOT directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the State Auditor with access to any information the State Auditor considers relevant to the investigation or audit. Interlocal - LGPerf Page 9 of 13 4116/07 LLD Contract No Article 23. Reference to Costs Principles and Circulars Reimbursement with state or federal funds will be limited to costs determined to be reasonable and allowable under cost principles establish in OMB Circular A-21, "Cost Principles for Educational Institutions," or OMB Circular A-87, "Cost Principles for State and Local Governments." The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133. Article 24. Equal Employment Opportunity The Local Government agrees to comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented by Department of Labor regulations, 41 CFR Part 60. The Local Government agrees to consider minority universities for subcontracts when the opportunity exists. The Local Government warrants that it has developed and has on file appropriate affirmative action programs as required by applicable rules and regulations of the Secretary of Labor. Article 25. Nondiscrimination A. The Local Government shall comply with the regulations of the U.S. Department of Transportation relating to nondiscrimination in federally -assisted programs, including 49 CFR, Part 21; 23 CFR, Subchapter C; and 41 CFR, Part 60-74 (the Regulations). B. The Local Government, with regard to the work performed during this agreement, shall not discriminate on the basis of race, color, sex, national origin, age, religion, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. C. In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurements of materials and leases of equipment, but not including routine purchase orders, each potential subcontractor or supplier shall be notified by the Local Government of the Local Government's obligations under this agreement and the Regulations. D. The Local Government shall provide all information and reports required by the Regulations and directives issued under the Regulations and shall permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the Texas Department of Transportation or the U.S. Department of Transportation to be pertinent to ascertain compliance with the Regulations or directives. If any information required of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information, the Local Government shall so certify to the Texas Department of Transportation or the U.S. Department of Transportation, whichever is appropriate, and shall set forth what efforts the Local Government has made to obtain the requested information. E. In the event of the Local Government's noncompliance with the nondiscrimination provision of this agreement, the Texas Department of Transportation shall impose such sanctions as it or the U.S. Department of Transportation may determine to be appropriate. F. The Local Government shall include the provisions of paragraphs A through E in every subcontract, including procurements of materials and leases of equipment, except routine purchase orders, unless exempt by the Regulations or directives. The Local Government shall take such lawful action with respect to any subcontract or procurement as the Texas Department of Transportation may direct as a means of enforcing these provisions, including sanctions for noncompliance. In the event the Local Government becomes involved in or is threatened with litigation with a subcontractor or supplier as a result of directions given by TxDOT, the Local Government may request the Texas Department of Transportation to enter into the litigation to protect the interests of the State. In addition, the Local Government may request the United States to enter into litigation to protect the interests of the United States. Interlocal — LGPerf Page 10 of 13 4/16/'07 Contract No Article 26. Compliance with Laws D5 ---1 =F &Wj The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules, and regulations and with the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement. After receiving a written request from TxDOT, the Local Government shall furnish TxDOT with satisfactory proof of its compliance with this Article. Article 27. Notices All notices to either party by the other party required under this agreement shall be delivered personally or sent by certified or U.S. Mail, postage prepaid, addressed to such party at the following respective physical addresses: STATE: Texas Department of Transportation Lubbock District ATTN: Director of Transportation Operations 135 Slaton Highway Lubbock, TX 79404 LICENSEE: City of Lubbock Attention: City Traffic Engineer P.O. Box 2000 Lubbock, TX 79457 Copy to: Texas Department of Transportation Director, General Service Division 125 E. 11 th Street Austin, Texas 78701 Interlocal — LGPerf Page 11 of 13 4/162/07 ATTACHMENT D D'5 Contract No Resolution No. 2007-R0219 Staffing Schedule There will be a minimum of one employee on duty. The Manager will provide additional staffing on an as needed basis during the hours of operations and for special events. Special events will be coordinated with TxDOT staff in advance to ensure proper management of traffic flow. Monday 7:00 a.m. to 6:30 p.m. Tuesday 7:00 a.m. to 6:30 p.m. Wednesday 7:00 a.m. to 6:30 p.m. Thursday 7:00 a.m. to 6.30 p.m. Friday 7:00 a.m. to 6:30 p.m. The TMC will be closed on 9 major holidays: New Years, Martin Luther King Day, Good Friday, Memorial Day, July 4th, Labor Day, Thanksgiving Day, Christmas Eve and Christmas. Operation of the system after hours will be handled through an on -call network using a remote computer to access and operate the ITS field devices. Interlocal — LGPerf Page 12 of 13 4/16/07 AT1'AcHKENT E Resolution No. 2007-RO219 May 24, 2007 Item No. 5.8 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute an interlocal Agreement by and between the City of Lubbock and the Texas Department of Transportation for the establishment and operation of a Traffic Management Center (TMC) at the City of Lubbock Traffic Engineering Office for operation of TXDOT's Intelligent Transportation System (ITS) for state highway rights -of -way within the City of Lubbock, which Agreement and any associated documents are attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this 24th day of May '2007. ATTEST: Reb cca Garza, City Secretary APPROVED AS TO CONTENT: Je D. Hilfi, Jr., P.E., City Traffic Engineer ED AS-ZO FORM: Vandiver, Attorney of Counsel DDres/TXDOTtrafficManagementCen terCon07 Res April 17, 2007 DAVID A. MILLER, MAYOR Page 13 of 13