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HomeMy WebLinkAboutContract 33123 CITY SECRETARY SLV-Q�CONTRACT NO. THE STATE OF TEXAS § COUNTY OF TARRANT § INTERLOCAL AGREEMENT This INTERLOCAL AGREEMENT ("Agreement") is made and entered into this /e�tay of -.., , , 2005, by and between the COUNTY OF TARRANT, a political subdivision of the State of Texas, acting herein and by and through its governing body, the Commissioners Court, (hereinafter referred to as the "County") and the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas, located within Tarrant, Denton, and Wise Counties, Texas (hereinafter referred to as the"City")both of Tarrant County, State of Texas,: RECITALS The City and County hereby agree that the following statements are true and correct and constitute the basis upon which the City and County have entered into this Agreement: WHEREAS, this Agreement is made under the authority granted by and pursuant to Chapter 791 of the Texas Government Code; and WHEREAS, each governing body, in performing government functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and, WHEREAS, each governing body finds that the subject of this Agreement is necessary for the benefit of the public and that each has the legal authority to perform and to provide the government function or service which is the subject matter of this Agreement;and WHEREAS, each governing body finds that the performance of this Agreement is in the common interest of both parties and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and WHEREAS,the performance of this Agreement will provide greater access to the scenic view of Lake Worth from the Park which will be in the common interest of both parties and will benefit the general public. NOW THEREFORE, in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: ARTICLE 1. GENERAL REQUIREMENTS 1.01 Parties. When used herein, the term "County" and the term "City" shall include the officers,agents,employees, successors and assigns of each of the parties respectively. Page 1 of 6 1.02 Scope of Services. County shall provide the following: A. Construction of Parking Lot. County agrees to provide all labor, equipment, and incidentals necessary to construct and pave a 6,700 square foot parking lot, of three (3) inch Hot Mix Asphalt (HMAC) based on dimensions as provided by the City at Marion Sansom Park located in Fort Worth Texas. See Exhibit"A". B. Improvement of Existing Road. County agrees to provide all labor, equipment, and incidentals necessary to improve approximately 38,500 square feet of road surface, to be paved with three(3) inch HMAC at Marion Sansom Park located in Fort Worth,Texas. See Exhibit"A". C. County agrees to furnish all necessary flagmen, barricades and traffic devices as needed. 1.03 Documentation of Costs. A. Prior to the initiation of each construction project outlined in Section 1.02of this Agreement, County will provide the City's Director of Parks and Community Services ("PACS' Director") with a written estimate of the cost of each such project. If the City reasonably objects to any cost estimate, it shall promptly notify the County. The City and the County shall work together in good faith to address the City's concern. B. If the County exceeds its cost estimate for any such project by twenty-five(25%), it shall notify the City promptly upon determining the need for the cost of the increase and provide and explanation for such cost increase. Upon completion of each construction project outlines in Sections 1.02(a) and 1.02(b), the County will provide the PACS Director with a written final accounting of the cost of each such project. The City shall pay the County within thirty(30) days of receipt of the final accounting. The total cost to construct parking and road improvements at Marion Sansom Park shall not exceed $40,000. 1.04 City's Obligations A. The City, at the City's sole cost and expense, shall provide sufficient asphalt to construct approximately 38,500 square feet of paved road surface described in Section 1.02 and Exhibit"A". B. In addition, the City shall, at the City's sole cost, provide reimbursement to the County for the materials, labor and equipment costs associated with the construction of a 6,700 square foot parking lot as described in Section 1.02 and Exhibit"A". C. The City agrees to notify county within thirty days of the completion of a specific project of any complaint the City has with the project. Page 2 of 6 ARTICLE 2. REPAIR AND MAINTENANCE 2.01. Upon completion of the project, the City shall keep road and parking lot in good repair and maintain in its current condition unless mutually agreed by the parties otherwise in future written agreements. ARTICLE 3. CURRENT REVENUES 3.01. Pursuant to 791.011 of the Interlocal Cooperation Act, each party paying for performance of governmental functions or services must make those payments from current revenues available to the paying party. ARTICLE 4. CLAIMS/LAWSUITS. 4.01. Notice. County agrees to notify the City promptly upon the receipt of any claim or lawsuit brought in connection with any injury, death or damages related to this Agreement. County agrees to make its officers, agents, and employees available to the City at all reasonable times for any statements and case preparation necessary for the defense of any claims or litigation for which the City may be responsible hereunder. 4.02. Waiver of Immunity. Nothing herein shall be deemed to constitute a waiver of any immunity or affirmative defense, which may be asserted by County or the City as to any claim of any third party. 4.03 Cause of Action. Nothing herein shall be construed in any manner, to create a cause of action for the benefit of any person not a party to this Agreement, or to create any rights for the benefit of any person not a party to this Agreement not otherwise existing at law. 4.04 Liability of Claims. Nothing in the performance of this Agreement shall impose any liability for claims against the County other than claims for which liability may be imposed by the Texas Tort Claims Act. Nothing in the performance of this Agreement shall impose any liability for claims against the City other than claims for which liability may be imposed by the Texas Tort Claims Act. ARTICLE 5. NOTICES. 5.01. Any notice provided for or permitted under this Agreement shall be made in writing and may be given or served by (i) delivering the same in person to the party to be notified, or (ii) depositing the same in the mail, postage prepaid, certified with return receipt requested, and addressed to the party to be notified, or (iii) sending by telecopy, with a copy thereof sent by registered mail on the same day. If notice is deposited in the mail pursuant to (ii) or(iii) of this Section 10, it will be effective upon receipt or refusal. For the purpose of notice,the addresses of the parties are,until changed as provided below, as follows: Page 3 of 6 Com: City of Fort Worth Parks and Community Services 4200 S. Freeway, Suite 2200 Fort Worth,Texas 76115 With copy to: Melinda Ramos, Assistant City Attorney 1000 Throckmorton Street Fort Worth,Texas 76102 Coun : G. K. Maenius County Administrator 100 E. Weatherford, Suite 404 Fort Worth, Texas 76109 With copy to: Commissioner Precinct 4 Fort Worth,Texas However,the parties may from time to time change their respective addresses,and each shall have the right to specify as its address any other address upon at least ten days written notice to the other party. ARTICLE 6. NONDISCRIMINATION_ 6.01. Neither the City and County,nor any of its officers, members, agents, employees, program participants, or subcontractors, while engaged in performing this contract, shall in connection with the employment, advancement, or discharge of employees, or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age, except on the basis of a bona fide occupational qualification, retirement plan, or statutory requirement. 6.02. The City and County, agree that in the execution, performance, or attempted performance of this agreement, they will not discriminate against any person or persons because of gender, religion, color, sexual orientation, or national origin, nor will County permit its agents, employees, subcontractors or program participants to engage in such discrimination. ARTICLE 7. GENERAL PROVISIONS 7.01. No Partnership or Joint Venture. County shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of the City. County shall have the Page 4 of 6 t., liti�1 V .3 II �1 a v ./.�:a�L� „✓�:0 exclusive control of, and the exclusive right to, control the work designated to the County to be performed hereunder, and all persons performing the same, and shall be solely responsible for the acts and omissions of .its officers, agents, servants, contractors, subcontractors and employees. Neither City nor County shall be responsible under the Doctrine of Respondeat Superior for the acts and omissions of its officers, agents, servants, contractors, subcontractors, or employees. It is understood and agreed that the City is not involved as a party to any activities that may be carried on by County pursuant to this Agreement. Provided, however, that no provision of this Agreement shall operate or be construed as a waiver by either party of any immunity from liability which it has or could be asserted under the doctrine of governmental immunity or any other immunity which it has under law. 7.02 Waiver of Immunity. No provision of this agreement shall operate or be construed as a waiver by either party of any immunity from liability which it has or could be asserted under the doctrine of governmental immunity or any other immunity which it has under law. 7.03. Force Majeure. If performing any other covenant or term is delayed by reason of war, civil commotion, act of God, governmental restrictions, regulations, or interference, fire or other casualty, or any other circumstances beyond the City or County's control or that of the party obligated or permitted under this Agreement to do or perform the term or covenant, regardless of whether the circumstance is similar to any of those enumerated or not, each party so delayed is excused from performance during the delay period. 7.04. Subject to the limitations contained herein, the covenants, conditions and agreements made and entered into by the parties hereto are declared to be for the benefit of and binding upon their respective successors,representatives and assigns, if any. 7.05. It is agreed that, in the event any covenant, condition or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall in no way affect any other covenant, condition or provision herein contained; provided, however, that the invalidity of any such covenant, condition or provision does not materially prejudice either County or City in connection with the rights and obligations contained in the valid covenants,conditions or provisions of this agreement. 7.06. Applicable Laws. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas, or the United States District Court for the Northern District of Texas — Fort Worth Division. 7.07. Severability of Provisions. If any of the Provisions contained in this Agreement shall be held, for any reason, to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability, shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 7.08. Funding Out Clause. If for any reason, at any time during any term of this Agreement, the City Council fails to appropriate funds sufficient for the City to fulfill its obligations under this Agreement or withdraws previously appropriated funds so that the City is no longer able to fulfill its obligations under this Agreement,the City may terminate this Agreement effective thirty(30)days' following delivery of written notice of City's intent to terminate. However, the City shall remain liable for any expense the County incurs prior to the notice of termination. Page 5 of 6 7.9 Sole Agreement. This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding or written or oral agreements between the parties respecting the subject matter. SIGNED AND EXECUTED this D T'C day of 2005. Court Order COUNTY OF TARRANT STATE OF TEXAS CITY FORT WORTH,TEXAS Honorable Tom Vandergriff ssistant City anager County Judge APPkOVED AS TO FORM: ATTEST: District ttorne Office* City Secretary CERTIFICATION OF APPROVED AS TO FORM: AVAILABLE FUNDS: $ � a ' Assistant City Attorney Tarrant County Auditor *By law,the District Attorney's Office may only advise or approve contract or legal documents on behalf of its clients. It may not advise or approve contracts or legal documents on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. 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Ndll `+w} 4a P 'f�� ads: �.°C 1�'d tl � .M1 �v ✓�{�1 5 u p U� �� { a 5 W _ ,,V,,I!4!4X3 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/21/2005 DATE: Tuesday, June 21, 2005 LOG NAME: 80SANSOMPARKING REFERENCE NO.: C-20809 SUBJECT: Authorization to Enter into an Interlocal Agreement with Tarrant County to Construct Parking and Road Improvements at Marion Sansom Park RECOMMENDATION: Authorize the City Manager to enter into an Interlocal Agreement with Tarrant County to construct parking and road improvements at Marion Sansom Park in an amount not to exceed $40,000. DISCUSSION: The 1993 Capital Improvement Program for Roads and Parking included funds for the construction of parking and road improvements for Marion Sansom Park. Marion Sansom is a 264 acre Community Park located at 2501 Roberts Cut-off Road overlooking the Lake Worth Dam. The park has limited amenities and is mainly noted as a scenic overlook with a view of Lake Worth. It serves not only Fort Worth residents, but residents of the adjacent cities of Sansom Park to the east and River Oaks to the south. For this reason, staff from the Parks and Community Services Department approached officials with Tarrant County to pursue a partnership for the construction of parking and road improvements. Under state law, the County is able to enter into interlocal agreements with municipalities to furnish labor and equipment for the construction of public roads. The City's participation will be the purchase of sufficient asphalt to construct approximately 38,500 square feet of paved road surface. The City has also negotiated with the County for the construction of a 6,700 square foot parking lot. Since the parking lot is not considered a public road, the City will be required to furnish materials and to reimburse the County for labor and equipment. An aerial photograph noting the proposed roads and parking is attached. The original scope of work for this project has been greatly reduced due to changes in use patterns for parks in western Fort Worth. The recent completion of West Park, currently 83 acres has added significant recreational opportunities for residents of west Fort Worth. Marion Sansom Park is located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current Capital Budget, as appropriated, of the Street Improvements Fund. TO Fund/Account/Centers FROM Fund/Account/Centers http://www.cfwnet.org/council_packet/Reports/mc_print.asp 2/6/2006 Page 2 of 2 C111 541200 080111037148 $40,000.00 Submitted for City Manager's Office b Libby Watson (6140) Originating Department Head: Randle Harwood (871-5704) Additional Information Contact: Harold Pitchford (871-5728) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 2/6/2006