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Home My WebLink AboutResolution - 2020-R0150 - 4th & Knoxville Traffic SignalResolution No. 2020-R0150 Item No. 6.2.1 May 12, 2020 RESOLUTION BE IT RI:SOI_VED 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 Interlocal Agreement by and between the City of Lubbock, Texas Tecl1 University, and Texas '1*cc h University f Ical t11 Sciences Center, to combine efforts and resources Far the installation of a new traffic signal at the intersection of 4th Street and Knoxville Avenue in Lubbock, Texas. Said Agreement is attached hereto and incorporated in this resolution as if fully set fort11 herein and shall be included ill thC minutes 01' the City Council. Passed by the City Council on May_12, 2020 1) A N I E L M. POPVLMVIA Y 0 R ATTEST: kReba Garza, City Secret- ry APPROVED AS TO CONTENT: 3esica Mc achem, Assistant t y Manager APPROVED AS TO FORM: elli Leisure, Assistant City Attorney T ccdocs/RES.I nterlocal Agrmt- T I'U and 'I'TUHSC 4th and Knoxville 43?4?U ,Resolution No. 2020-RO150 City of Lubbock CON2549945 THE STATE OF TEXAS § INTERLOCAL AGREEMENT § BETWFLN CITY OF LUBBOCK, COUNTY OF LUBBOCK § TEXAS IEC'IIUNIVERSITY, AND TEXAS TECH UNIVERSITY THIS INTERLOCAL AGREEMENT is entered into on this the 121h day of May 2020 (the "Effective Date'), in accordance with Chapter 791 of the Texas Government code, by and between the City of Lubbock, Texas, a municipal corporation (hereinafter referred to as "Lubbock"), Texas Tech University of Lubbock, Texas (hereinafter referred to as "TTU"), and the Texas Tech University Health Sciences Center of Lubbock, Texas (hereinafter referred to as "HSC") collectively the "Parties"; WHEREAS, the Parties to this Interlocal Agreement (hereinafter referred to as "Agreement") wish to cooperate in the installation of a new traffic signal located at the intersection of 4th Street and Knoxville Avenue in Lubbock, Texas, the "Project', which would benefit both Parties; and WHEREAS, each Party finds that the Project or undertaking is necessary for the benefit of the public, that each Party has the legal authority to undertake its obligations set forth herein, that the construction and improvement thereof is in the common interest of both Parties hereto; and that the covenants and promises constitute adequate consideration to each Party; said Project being more particularly described below; NOW THEREFORE, In consideration of the premises and the agreements, covenants and promises herein set forth, it is agreed as follows: (.DEFINITIONS The following terms shall have the following meanings when used in this Agreement A. "Traffic Signal System' or "Project" means the installation of traffic signal systems at the intersection of 4th Street and Knoxville Avenue in Lubbock, Texas. B. "Parties" means Lubbock, TTU, and FISC. C. "Project costs" are as set forth in Exhibit "A". II.PURPOSE The purpose of this Agreement is to provide for all ftmctions and services required for the installation, operation and maintenance of the traffic signal systems at the intersection of 4th Street and Knoxville Avenue in Lubbock, Texas. IILTFRMS, RIGI]TS OBJECTIVES AND DUTIES OF THE PARTIES The following shall apply to the Parties in the performance of this Agreement: A. Lubbock will purchase and install equipment for the Traffic Signal Systems at the request of TTU and HSC. TTU and HSC will each reimburse Lubbock for one-third (1/3) of the cost of famishing and installing the equipment as set forth on "Exhibit A" attached hereto and made a part of this Agreement for the Project. The Project costs shall not exceed one hundred fifty-nine thousand nine hundred seventy-eight and NO/I00 ($159,978.00). Lubbock shall bill TIU and HSC at the Page 1 of 3 Page t of 3 City of Lubbock CON2549945 completion of the Project, and TTU and HSC shall pay Lubbock within 30 days from receipt of actual costs from Lubbock. B. For the avoidance of doubt, Lubbock shall maintain and operate the traffic signal systems at the intersection of 4dt Street and Knoxville Avenue in Lubbock, Texas. IV. TERM This Agreement shall commence on the Effective Date and continue in full force and effect through the earlier of (i) the completion of the Project or (ii) February _, 2024. V. NO VERBAL AGREEMENT This Agreement contains all the terms, commitments and covenants of the Parties pursuant to this Agreement. Any verbal or written commitment not contained in this Agreement or expressly relemed to in this Agreement and incorporated by reference shall have no force or effect. VI. AGREEMENT INTERPRETATION AND VENUE The Parties covenant and agree that any litigation relating to this Agreement, the terms and conditions of (lie Agreement will be interpreted according to the laws of the State of Texas and venue shall be proper exclusively in Lubbock County, Texas. VIL CAPTION The captions to the various clauses of this Agreement are for informational purposes only and in no way alter the substance of the terms and conditions of this Agreement. Vill. IMMUNITY It is expressly understood and agreed that, in the execution of this Agreement, no Party waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. IX. SEVERABILITY If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants or conditions of the Agreement are for any reason held to be invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phmses, provisions, covenants or conditions in this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. X. NON -APPROPRIATION All purchases by the Lubbock under this Agreement are subject to the availability of an annual appropriation for this purpose by the Lubbock In the event of non -appropriation of funds by the City Council of the City of Lubbock for the purchases provided under the Agreement, Lubbock will terminate the Agreement, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the services covered by this Agreement is spent, whichever event occurs first (the "Non -Appropriation Date"). If at any time funds are not Page 2 of 3 Page 2 of 3 City of Lubbock CON2549945 appropriated for the continuance of this Agreement, cancellation shall be accepted by TTU and HSC on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and Lubbock shall not be obligated under this Agreement beyond the Non -Appropriation Date. XI. DISPUTE RESOLUTION To the extent applicable under Texas law, the dispute resolution process provided for in Texas Government Code, Chapter 2260, will be used by Lubbock, TTU and HSC in an attempt to resolve any unresolved claim for breach of this Agreement arising under this Agreement and made by the Lubbock. IN TESTIMONY WHEREOF, the Parties hereto have caused these presents to be executed in duplicate on the dates shown herein below. Under §2155.0061, *texas Govemment Code, Lubbock certifies that the individual or business entity named in the Contract is not ineligible to receive the specified Contract and acknowledges that the Contract may be terminated and payment widthcld if this certification is inaccurate. [fl411(aZalfIDIDZaZa1;� _ 1 DANIEL M. POPE, MAYOR ATTEST: Rebe area, City Secretary APP VED AS TO CO ENT: . Wae F nkl , P.E., Division Director of Public Works ROVED AS TO FORMty: K Ili LeisureAssistant City TEXAS TECH UNIVERSITY: Signature: •�^"' ., pm n.xoxoi Email: noel.a.sloan@ttu.edu Noel Sloan, Chief Financial Officer and VP Administration & Finance Feb 27, 2020 TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER: Penny Harkey (-Mar Penny Harkey, VP & Chief Financial Officer Page 3 of 3 Page 3 of 3