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Home My WebLink AboutContract 51194 CITY SECRETARY CONTRACT NO. INTERLOCAL AGREEMENT 44�� " ,1 BETWEEN THE CITY OF ALVARADO, TEXAS / AND THE CITY OF FORT WORTH, TEXAS �.! �I J ! o'HISS. Interlocal Agreement ("AGREEMENT") is by and between the City of Alvarado ,a Texas,, general law municipality with its principle office at _ 104 W College Johnson (County, Texas 1; 76009 (" "), and the City of Fort Worth, a Texas home-rule municipality, with its principal office at 200 Texas Street, Fort Worth, Tarrant County, Texas 761,02 ("FORT WORTH"). WITNESSETH: WHEREAS, the TexasIll-egislature has authorized the execution of Interlocal Cooperation Agreements ioetween and among governmental entities pursuant to the Interlocal Cooperation,Act, Chapter,7 91 of the TeXcis 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 Ioverninl body finds that the performance of this AGREEMENT is in the common inte st of, both par�iesi that the undertaking will benefit the public and that the division of costs forly com, ensat$s the performing party for the services or functions under this AGREEMENT; and WHEREAS, FORT,'WORT applied for a Flood Protection Grant for flood warning from the Texas Water geveloppient Boordi,("TWDB"), Mayor {& Council Memorandum (M&C G-18750) June 7, 2016; and WHEREA% this Flood Protection Grant was subsequently awarded to FORT WORTH and executed on Deceber 6, 2016 ; and WHEREA , the' Flood Pr e',ction Grant was sought to augment and support FORT WORTH's existing High Water W rning System by expanding the network of weather gauging stations ("STATIONS") to neighbor'ng communities a9d sharing the data with those communities; and WHEREAS, FORT' WORTH and Alvarodo desire to jointly measure rainfall and other) weather parameters in or around Alvarado Texas by installing one or more weather gauging stations to develop a regional weather gauging network in order to increase the abilityjand accuracy of local flood warnings; NOW THE REFORI=, in consideration of the )above recitals and the premises and agreements, covenants and promises herein set forth, it is agreed as follows: Section 1 OBLIG4TIONS,1OF Al varat1d OFFICIAL RECORD CITY SECRETARY 1A .WORTIH,T�( City of Fort Worth-City of 6'� , Weather Gauging Station ag 1 of 7 � .v3 x q:e h A. A I VavaAa is responsible for selecting I pad site(s) on property or locations under Alyaraole, s control, said sites consisting of dimensions of 2 -rt- pf�-L for placement of a weather gauging station. The locations shown in Exhibit A are incorporated herein as part of this AGREEMENT; B. A,6AraA.0 agrees to use the site(s) for weather gauging station(s) for a minimum of five (5) years from the date of execution of this AGREEMENT; C. Alvanw.a- agrees to provide FORT WORTH access for installation and maintenance of the STATION for a minimum of five (5) years from the date of execution of this AGREEMENT; D. A\v-,x o 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 �-- pad site(s) are appropriately located for flood warning purposes; 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); D. FORT WORTH agrees to share data generated from the AAVaraC-o STATION(s) and other data from FORT WORTH's Flood Warning System with A\y-dry o Section 3. OTHER TERMS OF AGREEMENT A. TERM. This AGREEMENT shall continue in force and effect for a minimum of five (5) years from the date of installation, effective date of this AGREEMENT, or August 31, 2022 whichever occurs latest. FORT WORTH shall have sole ownership of the weather station equipment, unless transferred to Alyardo by separate agreement after the minimum of five (5) year period expires. B. NOTICES. Formal notices provided for herein may be delivered to Alvarado and/or FORT WORTH via electronic communication or, if sent by mail, shall be addressed to Alvarado and/or FORT WORTH at their respective principal office addresses with copies to the respective project managers for the parties as indicated below: City of Fort Worth-City of Al araJo , Weather Gauging Station Page 2 of 7 CITY OF ALVARADO 104 W. College Alvarado , Texas76009 Attention: Rick Holden, City Manager FORT WORTH: 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 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 functions. 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 Tarrant County, Texas. G. ENTIRE AGREEMENT. This AGREEMENT contains all the terms, 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 Alvarado beyond those specified in Section 2. City of Fort Worth-City of.,A IyZtraolb , Weather Gauging Station Page 3 of 7 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 CITWFARA By: _yBy: Susan``Alanis Assistant City Manager City Manag rS� Date: f Date: ATTEST: 41 ATTEST: By: �T ary J. K O 4Deie Thomas City Secreta y (j; City Secretary (CITY'S SEAL) : � (AUTH 'S �XAS * `s x 0� R Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring I performance and reporting M&C:_ requirem s. �r 1295: Nam e: ice 4�'r.Title: ` (G . Sf APPROVED AS TO FORM and Legality Approved as to Form and Legality 04?4=� = W 0 N� Douglas W Black Name: Ashley Dierk r Sr. Assistant City Attorney City Attorney, OFFICIAL RECORD CITY SICIiVARY Cit of Fort Worth-Cit of Alva "Y City y ra�(o , Weather Gauging Station 4 f 7 EXHIBIT A 4 F t _ +yy+l r City of Fort Worth-City of_Alvarado Weather Gauging Station Page 5 of 6 EXHIBIT B Weather Weather I sensors I sensors (individual, (individual, or multi- or multi- sen or) I sen or) I �wmnum qpe, TM a'1-Way F+PP - Rorer 8. Pei.SE 3105 T Mco SE MSC t __ ---------- 24.24 ---------2aa2s.s ss wmr�t U.N.. Mounp w/4" Er.J.— SS cfanps * L _ 1"a 1O urlmnr,m Pole TOE A'-w typ Ptlou5325 1_ 1 Petro P5533C Famdation and and—Pw TOOT TS-FD-" TOOT TS-FO-12 City of Fort worth Stormwater Management High Water Waming System a.a w:n/wWlgf Ymitai7 SN 4iratrectun .- 10/2/2017 _ MWWS-03 City of Fort Worth-City of_Alvarado Weather Gauging Station Page 6 of 6