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Home My WebLink AboutContract 51195 CITY SECRETARY CONTRACT NO. INTERLOCAL AGREEMENT BETWEEN THE CITY OF MANSFIELD, TEXAS AND THE CITY OF FORT WORTH, TEXAS THIS Interlocal Agreement ("AGREEMENT") is by and between the City of Mansfield, a Texas home-rule municipality with its principle office at 1200 E. Broad Street, Mansfield, Tarrant County, Texas 76063, ("Mansfield"), 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 gauging stations ("STATIONS") to neighboring communities and sharing the data with those communities; and WHEREAS, FORT WORTH and Mansfield desire to jointly measure rainfall and other weather parameters in or around Mansfield, 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; PM 1 NOW THEREFORE, in consideration of the above recitals and the premises and reements, covenants and promises herein set forth, it is agreed as folic . m ��. Section 1. OBLIGATIONS OF MANSFIELD OfPICIAL kItCQRQ c G�� CITY SECRETARY 'no, o� O FT.WORTH,TX OY"e� OI8 City of Fort Worth-City of Mansfield, Weather Gauging Station age e A. Mansfield is responsible for selecting 2 pad site(s) on property or locations under Mansfield's control, said sites consisting of dimensions of 2ft x 2ft for placement of a weather gauging station. The locations shown in Exhibit A are incorporated herein as part of this AGREEMENT; B. Mansfield 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. Mansfield 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. Mansfield 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 Mansfield 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 WEATHER GAUGE STATION(s) and other data from FORT WORTH's Flood Warning System with Mansfield. 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 Mansfield by separate agreement after the minimum of five (5) year period expires. B. NOTICES. Formal notices provided for herein may be delivered to Mansfield and/or FORT WORTH via electronic communication or, if sent by mail, shall be addressed to Mansfield 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 Mansfield, Weather Gauging Station Page 2 of 7 CITY OF MANSFIELD, 1200 E. Broad Street, Mansfield, Texas 76063 Attention: Greg Cutler Emergency Management Coordinator Greg.cutler anmansfieldtexas.gov 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 Ran ian.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. City of Fort Worth-City of Mansfield,Weather Gauging Station Page 3 of 7 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 Mansfield 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 CITY OF MANSFIELD By: ° ) By: _ $usa Alanis Greg Cutler Assistant City Manager Emergency Management Coordinator Date: � � Date: ATTEST: ATTEST: By: � . By. YvialyJ. ay r Y F .......... Levi Clements City Secre 0'' 0' Assistant Fire Chief M&C: 1295: r: . oFFicIAL racom CITY SICIlm"y FT.WORTH,rx City of Fort Worth-City of `�, Weather Gauging Station Page 4 of 7 (CITY'S SEAL) (AUTHORITY'S SEAL) Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Name: RC4 5. u tF 1 a Title: Se.,;o r S-e ss,m,.JQ-"I K�e✓ APPROVED AS TO FORM and Legality Approved as to Form and Legality AID ucp Q i Douglas Black Sr. Assistant City Attorney City Attorney, OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX City of Fort Worth-City of Mansfield,Weather Gauging Station Page 5 of 7 EXHIBIT A � � i � _ ■ � � �� .��3-__.� � � _� ` - kh IL Iwo \ . .r� � . \ _ ,few § Out . • � 16� _ � � � � Z■ - _ ■ « �V . 2 � - • �� -_ . � � Ci! of Fort Wort-i! of Mansfield, Weather Gauging Station Page 6 d7 EXHIBIT B Weather Weather I sensors I sensors I (individual, (individual, or multi- or multi- sen or) senor) t'a•xs• .UemirLm ppe, Tor i �,up I g� M.Sf 1106 r• �7 ) ekosewsaIV MUb T p I ' I E :4.24.3 ` ss LmR1M swMeaF � LAanu r/4• fndo 53 CLa A / Tot 4'•6'typ ( , . ...1_. .., 7ckp 5325 i 1 vekp , v3ssla,� � —.—•—•—. � �._..Grady —..—.. �.�.�.�. Touafaean ad an[hars per TOOT TS-F"" TXDOT TS-FD-32 -CRY#f OO W60 . 5to�inrvaCerManagemept _ <, High Water Warning System �..3a;,./W.otlrr uu:1oM3 Yte ufraslru.tue �• 2O/L2017 DV HWS 01 City of Fort Worth-City of Mansfield, Weather Gauging Station Page 7 of 7