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Home My WebLink AboutContract 51053 CITY SECRETARY RSC CONTRACTNO. INTERLOCAL,AGREEMENT S�C9�AA�g BETWEENTA, TEXAS T AND THE O RT WORHE TOWN OF TH S ,TEXAS I EO THIS Interlocal Agreement ("AGREEMENT") is by and between the Town of Annetta, Texas, a Type A general law municipality with its principle office at 450 Thunder Head Lane, Annetta, Parker County, Texas 76008, ("ANNETTA'), and the City of Fort Worth, a Texas home-rule municipality, with its principal office at 200 Texas Street, Fort Worth, Tarrant County,Texas 76102("FORT WORTH"). WITNESSETH, WHEREAS,the Texas Legislature has authorized the execution of Interlocal Cooperation Agreements between and among governmental entities pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as amended; and WHEREAS, each governing body, in performing governmental functions or in funding 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 performance of this AGREEMENT is in the common interest of both parties, that the undertaking will benefit the public and that the division of costs fairly compensates the performing party for the services or functions under this AGREEMENT; and WHEREAS,FORT WORTH applied for a Flood Protection Grant for flood warning from the Texas Water Development Board ("TWDB"), Mayor & Council Memorandum (M&C G- 18750)June 7,2016;and WHEREAS,this Flood Protection Grant was subsequently awarded to FORT WORTH and executed on December 6,2016; and WHEREAS, the Flood Protection Grant was sought to augment and support FORT WORTH's existing High Water Warning System by expanding the network of weather ganging stations("STATIONS") to neighboring communities and sharing the data with those communities; and WHEREAS, FORT WORTH and ANNETTA desire to Jointly measure rainfall and other weather parameters in or around Annetta,Texas by installing one or more weather gauging stations to develop a regional weather gauging network in order to increase the ability and accuracy of local flood warnings. NOW THEREFORE, in consideration of the above recitals and the premises and agreements, covenants and promises herein set forth,it is agreed as follows; City of Fort Worth-Town of Annetta,Weather Gauging Station OFFICIAL RECORD Page 1 of 7 CITY SECRETARY FT.WORTH,TX Section 1. OBLIGATIONS OF ANNETTA A. ANNETTA is responsible for selecting ANNETTA pad site(s) on property or locations under ANNETTA's control, said sites consisting of dimensions of 2 SQet dinietrr pa. for placement of the STATION(s). The parties shall work together to insure that the pad site(s) selected will fulfill the purposes of this AGREEMENT. The locations shown in Exhibit A are incorporated herein as part of this AGREEMENT. Once selected,the pad site(s) shall remain the property of ANNETTA and FORT WORTH shall not have any ownership or easement interests in the pad site(s) or any other property of ANNETTA; B. ANNETTA agrees to use the site(s) for the STATION(s) for a minimum of five (5)years from the date of execution of this AGREEMENT; C. FORT WORTH agrees to relocate, at its sole cost and expense, the STATION(s) in the event that ANNETTA, in its sole discretion, deems it necessary to use the pad site(s) or surrounding area for reasons relating to (i) public works, (ii) public health and safety, or (iii) other governmental purposes which impacts the pad site(s). The site of such relocation shall be by mutual agreement in writing between FORT WORTH and ANNETTA. In the event FORT WORTH and ANNETTA cannot agree upon the site for the relocation, ANNETTA, notwithstanding any other provision of this Agreement to the contrary, shall have the right to immediately terminate this Agreement upon written notice to FORT WORTH, and without penalty or further obligation to FORT WORTH. I D. ANNETTA agrees to provide FORT WORTH access for installation maintenance of the STATION(s) for a minimum of five (5) years from the date of execution of this AGREEMENT;and j { E. ANNETTA agrees to immediately inform FORT WORTH of obvious signs of � damage to the STATION(s)such as the STATION being knocked down, vandalized,damaged or disabled. Section 2. OBLIGATIONS OF FORT WORTH A. FORT WORTH will ensure that the ANNETTA pad site(s) are appropriately located for flood warning purposes; I i B. FORT WORTH is responsible for providing the technical specification of the weather gauging and related equipment as outlined in Exhibit B incorporated herein as part of this AGREEMENT; C. FORT WORTH will be responsible for purchasing the weather gauging equipment, installation,and maintenance of the STATION(s);and i D. FORT WORTH agrees to share data generated from the ANNETTA STATION(s) and other data from FORT WORTH's Flood Warning System with ANNETTA. FORT WORTH shall either disseminate the generated information directly to ANNETTA in monthly reports or post the information on a publicly accessible website. City of Fort Worth-Town of Annetta,Weather Gauging Station Page 2 of 7 Section 3. OTHER TERMS OF AGREEMENT A. TERM and TERMINATION. 1. This AGREEMENT shall continue in force and effect for a minimum of five (5) years from the earlier of: (i) the date the Station(s) are installed; or (ii) September 30, 2018, FORT WORTH shall have sole ownership of the weather station equipment, unless transferred to ANNETTA by separate agreement after the minimum five(5)year period expires. 2. In the event that the patties cannot agree on the pad site(s) location(s) by October 1, 2018 or in the event FORT WORTH has not begun to install any equipment on the pad site(s) by November 1, 2018, ANNETTA may elect to immediately terminate this Agreement upon written notice to FORT WORTH. 3. In any event of termination, FORT WORTH shall be responsible for the removal of all STATION(s) and equipment from the pad site(s) and ANNETTA property. FORT WORTH will restore the pad site(s)and underlying real property to as good a condition as it was prior to the installation of the STATION(s) and equipment. If any STATION(s)or related equipment remain after thirty(30)days following the termination of this AGREEMENT, the remaining STATION(s) and equipment shall become the property of ANNETTA and ANNETTA may remove such STATION(s) and equipment without penalty or further obligation to FORT WORTH. B. NOTICES. Formal notices provided for herein may be delivered to ANNETTA and/or FORT WORTH via electronic communication or, if sent by mail, shall be addressed to ANNETTA and/or FORT WORTH at their respective principal office addresses with copies to the respective project managers for the parties as indicated below: f ANNETTA: Town of Annetta P.O.Box 1150 Annetta,Texas 76008 Attention: Town Secretary citysecretaiy@annettatx.gov FORT WORTH: I i City of Fort Worth 200 Texas Street Fort Worth,Texas 76102 Attention: Mr.Ranjan S. Muttiah Senior Professional Engineer,Stormwater Division, Transportation and Public Works Department Ranjan,Muttiah@fortworthtexas.gov City of Fort Worth-'town of Annetta,Weather Gauging Station Page 3 of 7 C. 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 governmental or sovereign immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and fiinctions. Neither party is acting as a subcontractor, agent,or employee of the other. The doctrine of respondeat superior shall not apply. D. SEVERABILITY. If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants or conditions of this 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. E. GOVERNING LAW. The validity of the AGREEMENT and of any of its terms or provisions, as well as the rights and duties hereunder, shall be governed by the laws of the State of Texas. F. PLACE OF PERFORMANCE. In the event that any legal proceeding is brought to enforce this AGREEMENT or any provision hereof, the same shall be brought in Parker County,Texas, G. ENTIRE AGREEMENT. This AGREEMENT contains all the terns, commitments and covenants of the parties for 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. This AGREEMENT may be executed in multiple counterparts, each, when taken collectively, shall be deemed to form an original,whole document. H. FUNDING. FORT WORTH shall make any payments called for herein only from current revenues legally available, including from the Flood Protection Grant. There shall be no financial obligation between FORT WORTH and ANNETTA beyond those specified in Section 2. ACCORDINGLY, the parties acting under authority of their respective governing bodies have caused this AGREEMENT to be duly executed, to be effective upon the date subscribed by the last party to make this AGREEMENT fully executed. City of Fort Worth-Town of Annetta,Weather Gauging Station Page 4 of 7 CITY OF FORT WORTH TOWN OF ANNETTA By: By: Sus4n A nis Bruce Pinckard Assistant City Manager Mayor Date: _ 3� Date: ATTEST: ATTEST: OLBy: _ - By: _ a�- i\ try J. Ka Jame ong Cit Secretary �$` Town Secretary A. (CITY'S SEAL) �= (AUTHORITY'S SEAL) C) � Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including "F ensuring all performance and reporting requirements. OF Ar Name: Fame" 5. Title: Sr. �'� APPROVED AS TO FORM and Legality Approved as to Form and Legality Douglas W Black Dreywtarkfn Sr.Assistant City Attorney To n Attorney M&C: 1C� 1295:_ j_A__ OFFICIAL REcoRo City of Fort Worth-Town of Annetta, Weather Gauging Station CITY SECRETARY page 5 of 7 FT.WORTH,TX EXHIBIT A to 1 r � t�' ,�� .. i' SCSI. •�rru I' ti:•�. .�i d r .. t. yyy + 1 _} '.Own of A net .1 Toy,,Hall March 2 + 4' ro '<r 1• f L i r *fit i ! {,: 1 ' LASy�� I 1�vy1• +� �� . City of Fort Worth-Town of Annetta, Weather Gauging Station Page 6 of 7 EXHIBIT B rr — — — i Weather Weather sensors I sensors (individual, (individual, or multi- or multi- sen or) I L sen s r) L TOE V I'%V4V NUPP $' PeIm2F 3506 TI I 1'. 5S&41'0 4' • V A'it n4m:lvm Poo TO[ 4'-V typ P141.531S [on,d,Um end '_p. k MOO""'o-59 -10.31 City of Fort vVorth' High Water Warning SyStOm 101JIM City of Fort Worth-Town of Annetta, Weather Gauging Station Page 7 of 7