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HomeMy WebLinkAboutContract 33322 CITY SECRETARY CONTRACT No. THE STATE OF TEXAS ) COUNTY OF DENTON ) INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF FORT WORTH AND DENTON COUNTY, TEXAS THIS AGREEMENT is made and entered by and between Denton County, Texas, a political subdivision of the State of Texas, hereinafter referred to as the "County," and the City of "Fort Worth", a political subdivision located within Tarrant County, Texas, duly organized and authorized under the laws of the State of Texas, hereinafter referred to as the "City." WHEREAS, Fossilwood Investments, L.P. or its assignees, hereinafter referred to as "Developer", proposes to construct a bridge and associated improvements to that certain public right-of-way located in the City and the County known as Double Eagle Parkway, which will serve as a reliever route between SH 114 and FM 156, hereinafter referred to as the "Project", and Developer will be responsible for the oversight, engineering and construction of this Project, all as more specifically outlined in that Community Facilities Agreement between the City and Developer, dated December 21, 2004 and on file in the City Secretary's Office as City Secretary Contract No. 31076, as amended, which Agreement is hereinafter referred to as the "CFA"; and WHEREAS, the City has agreed to reimburse Developer for a portion of the cost of the Project pursuant to and in accordance with the CFA; and WHEREAS, the County is a duly organized and political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County, Texas, and wishes to contribute funds to pay for a portion of the costs of this Project that are not reimbursable by the City under the CFA; and Interlocal Cooperation Agreement �j� � i � r� City of Fort Worth r J N1 Double Eagle Parkway Bridge C �ry�9����P��^�y WHEREAS, the City is a duly organized political subdivision whose boundaries extend into in Denton County, Texas, and is engaged in the administration of city government and related services for the benefit of the citizens of the area serviced by the City; and WHEREAS, the County and the City mutually desire to be subject to the provisions of V.T.C.A. Government Code, Chapter 791, the Interlocal Cooperation Act; which provides authorization for any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; NOW, THEREFORE, the County and the City, for the mutual consideration hereinafter stated, agree and understand as follows: I. This Agreement becomes effective when signed by the last party whose signing makes the respective agreements fully executed. This Agreement may be terminated at any time by either party giving thirty (30) days advance notice in writing to the other party in the event that the subject Project is not completed within two years of the date of execution by the last party signing this Agreement. II. The City and the County hereby agree that the scope of the Project shall be limited to the engineering and construction of Double Eagle Parkway Bridge in accordance with the CFA. The Project's costs are currently estimated to be $2,543,310.00. III. The County agrees to contribute $300,000.00 to the City towards the completion of the Project. The County funds are in addition to funds that the City will provide pursuant to the CFA. The County funds may be used towards the soft and/or hard costs associated with the engineering and construction of Double Eagle Parkway Bridge in accordance with the CFA. The County funds will be paid to the City by County within 30 days of presentation of invoices and supporting materials verifying that the work covered by such invoices and supporting materials Interlocal Cooperation Agreement rny. P,City of Fort WorthDouble Ea le Parkwa Bride ' has been completed and paid for by Developer and that those portions of the Project have been accepted by the City. IV. The City understands and agrees that the. City, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of the County. V. County understands and agrees that the County, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of the City. VI. This Agreement is not intended to extend the liability of the parties beyond that provided by law. Neither the County nor the City waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims made by third parties. The provisions and conditions of this Agreement are solely for the benefit of the City and County and are not intended to create any rights, contractual or otherwise, in any other person or entity, including Developer. VII. This Agreement represents the entire agreement between the County and the City as to the matters contained herein and supersedes all prior negotiations, representations and/or agreements, either written or oral,with respect to such matters. This Agreement may be amended only by written instrument signed by the governing bodies of both the County and the City or those authorized to sign on behalf of those governing bodies. VIII. The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. Further, this agreement shall be performable in Denton County, Texas. Interlocal Cooperation Agreement City of Fort Worth c Double Eagle Parkway Bridge CITY ai �, TU. IX. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. X. The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. XI. Pursuant to V.T.C.A., Government Code Section 791.011, the parties hereto agree that the purpose of this Agreement is to ensure that certain governmental functions and services in the area of streets, roads and drainage are performed. The parties hereto further agree that each of them is authorized to perform the functions and services individually. XII. This Agreement is not intended to extend the liability of the parties beyond that provided by law. Neither the County nor the City waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising by third parties. COUNTY CITY Denton County Clerk City of"Fort Worth" 110 West Hickory Denton, Texas 76201 By: By: on. Mary Horn Marc Ott Denton County Ju ge Assistant City manager for the City of"Fort Worth" Interlocal Cooperation Agreement In City of Fort Worth V lJ Double Eagle Parkway Bridge CITY *(i; EMkV Acting on behalf and by the authority of the Commissioners Court of Denton County, Texas Executed the day of Executed the 7 day of 2005 by Denton County --�M.cuc A , 2005 by the City of Fort Worth. ATTEST: ATTEST: S C OAR enton County Clerk �!C =:o City Secreta ,v APPROVED AS TO FORM: OPPROVED AS TO FORM AND EGALITY B By: Assistant District Atto ney Assistant City Att Tey C-21173 11-29-09 AUDITOR'S CERTIFICATE I hereby certify funds will be available to accomplish and pay the obligation of Denton County, Texas under this Agreement. .Tan-els, Denton C unty Auditor Interlocal Cooperation Agreement City of Fort Worth OFMI-I IA iKWN Double Eagle Parkway Bridge Ciff �, MAUY FT. ORTH, IEI- ^y �'. �,' , ._�........�...�......r,.,r_,�,m._� .,< ,�. ���+'�. . .. . .... .. ... . .1(Y APPROVAL OF INTERLOCAL COOPERATION AGREEMENT PROJECT The County of Denton, acting by and through the County Commissioners Court, having been advised of a project to construct a bridge on Double Eagle Parkway located within the City of Fort Worth, under an Interlocal Contract, herein gives its specific written approval of the project prior to beginning the project in satisfaction of the requirements of V.T.C.A., Government Code, Chapter 791,the Interlocal Cooperation Act, Section 791 .014. The description of the type of project to be undertaken and its location are as follows: construct a bridge on Double Eagle Parkway located within the City of Fort Worth. The local government which requested the project and with which the County of Denton has contracted is the City of Fort Worth. By vote on this date, the Commissioners Court has approved the project identified above and has authorized execution of this document by the presiding officer on behalf of Denton County, Texas. By County Judge Interlocal Cooperation Agreement City of Fort WorthI , � 1 ; Double Eagle Parkway Bridge i � Clff 61�,IIIk2y APPROVAL OF INTERLOCAL COOPERATION AGREEMENT PROJECT The City of"Fort Worth", acting by and through the City Council, having been advised of a project to construct a bridge on Double Eagle Parkway located within the City of Fort Worth, under an Interlocal Contract, herein gives its specific written approval of the project prior to beginning the project in satisfaction of the requirements of V.T.C.A., Government Code, Chapter 791, the Interlocal Cooperation Act, Section 791.014. The description of the type of project to be undertaken and its location are as follows: construction of bridge at Double Eagle Parkway located within the City of Fort Worth. The local government which requested the project and with which the City of Fort Worth has contracted is the County of Denton. By vote on this date, the City Council has approved the project identified above and authorized execution of this document by the presiding officer on behalf of the City of Fort Worth, Texas. By: Marty Hendrix City Secretary Interlocal Cooperation Agreement OFFINA ROD City of Fort Worth Double Eagle Parkway Bridge i Y 'Fti•.�,�i Y� •�Jai ' Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved As Amended on 11/29/2005 DATE: Tuesday, November 29, 2005 LOG NAME: 20BEECHWOOD REFERENCE NO.: C-21173 SUBJECT: Authorize Execution of Amendment to the Community Facilities Agreement with Fossilwood Investments, L.P. to Provide Additional Funding for the Construction of the Double Eagle Parkway Bridge; and Execute an Interlocal Cooperation Agreement with Denton County for Receipt of County Funding RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute an Interlocal Cooperation Agreement with Denton County for receipt of County funding dedicated toward the construction of the Double Eagle Parkway Bridge; and 2. Authorize the City Manager to execute an amendment to the Community Facilities Agreement (CFA) with Fossilwood Investments, L.P. to provide for additional funding for the construction of the Double Eagle Parkway Bridge. DISCUSSION: The City executed a CFA with Fossilwood Investments, L.P. (Developer), for the Double Eagle Parkway Bridge over Harriet Creek on December 21, 2004 (City Secretary Contract Number 31076). The CFA requires that the City reimburse the Developer for a portion of the project costs through the creation of a sinking fund; reimbursements from the sinking fund are to be made in annual installments based on tax increment revenue generated from the surrounding development. Following execution of the CFA, the County independently agreed to contribute $300,000 (County Contribution) toward project costs that are not reimbursable by the City under the CFA. The attached Interlocal Agreement between Denton County and the City of Fort Worth designates the City's CFA as the mechanism for reimbursement of both City and County funds. The Agreement specifies that the County contribution will be paid directly to the City upon receipt of invoices and supporting materials indicating the completion and City acceptance of reimbursable items. The attached amendment to the CFA stipulates that, upon receipt of all or any portion of the County contribution, the City will deposit such County Contribution into the sinking fund created for project reimbursement. Upon payment by the City of the next annual installment toward reimbursement, the City shall also pay to the Developer the County contribution. However, in no event shall any payment of City and County funds exceed 100% of Developer's expenditures. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. http://www.cfwnet.org/council_packet/Reports/mc_print.asp 4/17/2006 Page 2 of 2 TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office b Marc Ott (6122) Originating Department Head: Robert Goode (7801) Additional Information Contact: Katherine Mehl (7918) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 4/17/2006