HomeMy WebLinkAboutResolution - 2020-R0149 - 4th & Indiana Traffic SignalResolution No. 2020-RO149
Item No. 6.1.1
May 12, 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, an lnterlocal Agreement by and between the City of
Lubbock and Texas Tech University to combine efforts and resources for the installation of an
upgrade to the traffic signal at the intersection of 4th Street and Indiana Avenue in Lubbock.
Texas. 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 _ May 12, 2020
DANIEL M. POPE, MAYOR
ATTEST:
Re11ca Garza, City Secr ary
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
K Ili Leisure, Assistant City Attorney
ccdocs/RE£S.tnterlocal Agrmt-'I'I-U 4th and Indiana
0124.20
Resolution No. 2020-R0149
THESTATEOFTEXAS § INTF.RLOCAI. AGREEMENT
§ BETWEEN CITI' OP LUBBOCK
COUNTY OF LUBBOCK § AND TEXAS'I ECI I UNIVERSITY
THIS INTERLOCAL AGREEMENT is entered into on this the 12th day of May ,
2020 (the "Effective Dale'), 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") and
Texas Tech University of Lubbock, Texas (hereinafter referred to as "TTU") each separately a "Party"
and
collectively the "Parties';
WHEREAS, the Parties to this Interlocal Agreement (hereinafter referred to as "Agreement")
wish to cooperate in the installation of an upgrade to the traffic signal located at the intersection of 4th
Street and Indiana 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
constmction 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:
1. DEFINITIONS
The following terms shall have the following meanings when used in this Agreement:
A. "Traffic Signal System" or "Project" means the upgrade to the traffic signal systems at the
intersection of 4th Street and Indiana Avenue in Lubbock, Texas.
B. "Parties" means Lubbock and TTU.
C. "Project costs" are as set forth in Exhibit "A".
11. PURPOSE
The purpose of this Agreement is to provide for all functions and services required for the installation of
an upgrade to the traffic signal systems at the intersection of 4th Street and Indiana Avenue in Lubbock,
Texas.
III. TERMS, RIGHTS 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 System at the request of TTU.
TTU will reimburse Lubbock for the cost of furnishing 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 thirteen thousand one hundred eighty-eight and N0/100 ($13, 188.00). Lubbock
shall bill TTU at the completion of the Project, and TTU 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 4th Street and Indiana Avenue in Lubbock, Texas.
Page 1 of 3
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 referred 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
the Agreement will be interpreted according to the laws of the State of Texas and venue shall be proper
exclusively in Lubbock County, Texas.
VII.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.
Vlll. 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, phrases, 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 Fonds 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
appropriated for the continuance of this Agreement, cancellation shall be accepted by TTU 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 and TTU in an attempt to resolve any
unresolved claim for breach of this Agreement arising under this Agreement and made by the Lubbock.
Page 2 of 3
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 Government 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 tenninatedand payment withheld if this certification is inuceumtc.
CITY OF LUBBOCK: TEXAS TECH UNIVERSITY:
`
'
Signature: `el.a.
toan
Email: noel.asloan@ttu.edu
Daniel M. Pope, Mayor
Noel Steen, Chief Financial Officer and Feb 27, 2020
VP of Adaflakiralion & Finance
ATTEST:
vdlu
Re •ca Garza, City ecretefy
APP�VED AS TO CONT T:
L. Wood Fr , Division D-irftri of Public Works
APPROVED AS TO FORM:
lh*MA�
e11i Leisure, Assistant City Atomey
Page 3 of 3
City of Lubbock #C15530
Final Audit Report 2020-02-27
Created: 2020-02-27
By: Leticia Gabes (letida.cobos@ttu.edu)
Status: Signed
Transaction 10: CBJCHBCAABAA(2dFszWH4nbb7jpj_gK2J}AR4%wgx
"City of Lubbock #C15530" History
Document created by Leticia Cobos (leticia.cobos@ttu.edu)
2020-02-27 - 7'.17:00 PM GMT- IP atldress'. 129.118,87.172
C4 Document emailed to Noel Sloan (noel.asloan@ttu.edu) for signature
2020-02-27 - 7:3211 PM GMT
L"] Email viewed by Noel Sloan (noel.a.sloan@ttu.edu)
2020-02-27-7:57:32 PM GMT- IP address: 129.118.67.13
bo Document e-signed by Noel Sloan (noel.a.sloan@ttu.edu)
Signature Date: 2020-02-27 - 7:57:58 PM GMT - Time Source: server. IP address: 129.118.57.13
0 Signed document emailed to Leticia Colons (leticia.cobos@ttu.edu) and Noel Sloan (noel.a.sloan@ttu.edu)
2020-02-27 - 7:57:58 PM GMT
IPdabeS�