HomeMy WebLinkAboutResolution - 2020-R0058 - Cost Sharing And Reimbursement Agreement With Lubbock County - 02/11/2020 Resolution No. 2020-R0058
Item No. 7.3
February 11, 2020
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 by and between the City of Lubbock and Lubbock County to improve the
roadway Indiana Avenue/CR 2100 from 130`x' Street (FM 1585) to Woodrow Road, and
all related documents. Said Contract 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 Feb1-uajy 11 2020
U—,
DANIEL M. POPE, MAYOR
ATTEST:
Re cca Garza, City Secret ry
APPROVED AS TO CONTENT:
Michael G. Keenum, '.E. CFM, Division
Director of Engineering/City Engineer
ohn Turpin, P.E., A i ant City
Engineer/Capital P o' cts and Design
APPROVED AS TO FORM:
Amy . s, Dep tty Attorney
ccdocs/RES.Cost Sharing and Reimbursement Agreement- Lubbock County
Resolution No. 2020-R0058
COST SHARING AND REIMBURSEMENT AGREEMENT
THIS AGREEMENT is entered into the 11 th day of February , 2020 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, in light of significantly increased traffic in proximity to Indiana Avenue/CR
2100 from 130th Street (FM 1585) to Woodrow Road the City and County recognize the need for
a joint effort to improve the roadway("Project"); and
WHEREAS, the entirety of Indiana Avenue/CR 2100 from 130t" Street (FM 1585) to
Woodrow Road is within Lubbock County and a portion is within the city limits of the City of
Lubbock: 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 complete the Project; and
WHEREAS, Texas Government Code section 791.028(b) permits a local government to
contract with another local government to pay jointly all or part of the costs of a highway
project; and
WHEREAS, the Parties hereto agree that in order to expedite design associated with the
Project, and to fully fund and equitably share among the primary beneficiaries in the expense
associated therewith, that the County shall contribute, through partial reimbursement, toward the
costs 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 costs incurred by the City
for the Project in an amount not to exceed SIX IIUNDRED THOUSAND and 00/100 DOLLARS
($600,000.00).
Cost Sharing and Reimbursement Agreement—COL&County Page I of
2.0 Reimbursements
2.1 County. Upon selection of a qualified engineer for design services via a City-
issued request for qualifications, County shall pay the City the amount set forth in Section 1.2
as valued by the Consultant's contract selected by the City within thirty (30)
business days from award of contract. The County will be responsible for any amendments
associated with the County's portion of the project. The County's portion shall not exceed a total
of$600,000.
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 Consultant, 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.
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 Lubbock County
Attn: Michael G. Keenum P.E. Attn: Jennifer Davidson
P.O. Box 2000 PO Box 10536
Lubbock,Texas 79457 Lubbock,Texas 79408
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
Cost Sharing and Reimbursement Agreement—COL&County Page 2 of 4
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.
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: Lubbock County:
DANIEL M. POPE,Mayor C URTIS PARRISH. County Judge
I - n - 7020
Cost Sharing and Reimbursement Agreement—COL&County Page 3 of 4
Attest:
Rebec a za,City ecretary Kelly Pinion, Coefihy Clerk ��
Approve as to Content:
Michael G. Keenum,P.E.,Division Director J n' fifer-Dlrrvidson .E
,P ., Director of Public Works
Of Engineering/City Engineer iiJJ (L�
Jo n Turpin, P.E., sista rty Engineer
Approve as t orm:
f � ✓lam
Kelli Leisure,Assistant City Attorney 4ni eck,Assistant District Attorney
Cost Sharing and Reimbursement Agreement—COL&County Page 4 of 4