HomeMy WebLinkAboutContract 54650 CSC No.54650
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STATE OF TEXAS §
§ Interlocal Agreement
COUNTY OF TARRANT §
This agreement is entered into between Tarrant County, Texas, hereinafter
referred to as COUNTY, and City of Fort Worth, hereinafter referred to as CITY, and
collectively referred to as the parties, for the purpose of funding a needed transportation
project within the boundaries of both parties which the Commissioners Court and the
governing body of the CITY find serves a public purpose and the public welfare of the
citizens of Tarrant County.
The COUNTY and the CITY make the following findings of fact:
1. This agreement is made pursuant to Chapter 791 of the Texas Government
Code;
2. To the extent necessary the parties will use current revenues to pay
obligations in this agreement;
3. The project benefits the public in that it is a needed transportation
project;
4. The COUNTY and the CITY each has the legal authority to perform its
obligations in this agreement;
5. The division of costs provided in this agreement constitute adequate
consideration to each party; and
6. Both parties acknowledge they are each a 'governmental entity" and not a
"business entity" as those terms are defined in Tex. Gov't. Code sect.
2252.908, and therefore, no disclosure of interested parties is required.
I.
PROJECT DESCRIPTION
The COUNTY has entered into an agreement with the Texas Department of
Transportation (TxDOT) whereby TxDOT will reconstruct White Settlement Bridge at Live
Oak Creek. Half of the bridge is within the COUNTY's jurisdiction and half is within the
CITY's jurisdiction. As consideration for this project, the COUNTY is to perform in-kind
work for TxDOT valued at $88,829.00.
OFFICIAL RECORD
i
CITY SECRETARY
FT. WORTH, TX
Interlocal Agreement Transportation Bond 2006-2007 Page i
II.
DIVISION OF COSTS
The COUNTY will perform in-kind work for TxDOT valued at $88,829.00. Because
the project benefits the COUNTY and the CITY equally, the CITY will reimburse COUNTY
$44,414.50 for the in-kind contribution for the project.
In the event that the schedule is delayed, the CITY is excused from paying until
the successful completion of the project as reasonably determined by the COUNTY. The
COUNTY will provide certification signed by an authorized official that the work has been
completed.
COUNTY understands that it will be responsible for any other expenses incurred
by TxDOT in performing the services under this agreement.
III.
TERM
This agreement will conclude on September 30, 2025 unless terminated sooner
per Section XI of this agreement or upon completion of the Project as determined by the
County.
IV.
COST
CITY agrees to reimburse COUNTY $44,414.50 of its Costs for eligible expenses.
In the event that the schedule is delayed, the CITY is excused from paying until the
successful completion of the project as reasonably determined by the COUNTY. The
COUNTY will provide certification signed by the CFO or authorized official that the work
has been completed and that the funds being requested have been expended.
COUNTY understands that COUNTY will be responsible for any other expenses incurred
by TxDOT in performing the services under this agreement.
V.
AGENCY-INDEPENDENT CONTRACTOR
Neither COUNTY nor any employee thereof is an agent of CITY and neither CITY
nor any employee thereof is an agent of COUNTY. This agreement does not and shall
not be construed to entitle either party or any of their respective employees, if applicable,
to any benefit, privilege or other amenities of employment by the other party.
COUNTY agrees that the CITY will have no right to control the manner or means
of construction of the project.
Interlocal Agreement Transportation Bond 2006-2907 Page 2
VI.
ASSIGNMENT
Neither party may assign, in whole nor in part, any interest it may have in this
agreement without the prior written consent of the other party.
VII.
THIRD PARTY BENEFICIARY EXCLUDED
No person other than a party to this agreement may bring a cause of action
pursuant to this agreement as a third party beneficiary. This agreement may not be
interpreted to waive the sovereign immunity of any party to this agreement to the extent
such party may have immunity under Texas law.
VIII.
ENTIRE AGREEMENT
This agreement represents the entire understanding of and between the parties
and superseded all prior representations. This agreement may not be varied orally, but
must be amended by written document of subsequent date duly executed by these
parties. This agreement shall be governed by the laws of the State of Texas and venue
for any action under this agreement shall be in the district courts of Tarrant County,
Texas.
IX.
NOTICE
Any notice or other writing required by this agreement, shall be deemed given
when personally delivered or mailed by certified or registered United States mail, return-
receipt, postage prepaid, addressed as follows:
COUNTY: CITY:
County Administrator City Manager
Tarrant County City of Fort Worth
100 E Weatherford St 200 Taylor Street
Fort Worth, Texas 76196 Fort Worth, TX 76102
APPROVED on this day the 0��) day of T 20 by
Tarrant County.
Commissioners Court Order No.
Interlocal Agreement Transportation Bond 2006-2007 Page 3
TARRANT COUNTY
STATE OF TEXAS CITY
Dana BUYandoff
Dana Burghdoff ct8,202013:13 CDT)
County Judge Dana Burghdoff
Assistant City Manager
Date: Oct 8,2020
l l Yr � .ICI VtoL Abj APPROVED BY:
Commissioner— Precinct 4
William Johnson, Director
Transportation and Public Works
APPROVED AS TO FORM AND LEGALITY:
Mack(&-t 7,202017:1S CDT)
Douglas W. Black
Sr. Assistant City Attorney
M&C:
Date: �po�FORoo
r �d
l.g
APPROVED AS TO FORM; ATTESTED by:
a�'°�00oo,00000 0 0*_
�0��0`1GI�� C70lTZ�tC2I d
Il nEXASoOo
'for Ronald P.Gonzales(Oct 8,202015:54 CDT)
Criminal District Atto 's Office* Mary J. Kayser
City Secretary
for Ronald P.Gonzales
Assistant City Secretary
*By law, the Criminal District Attorney's
Office may only approve contracts for its
clients. We reviewed this document as to
form from our client's legal perspective.
Other parties may not rely on this approval.
Instead those parties should seek contract
review from independent counsel.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Interlocal Agreement Transportation Bond 2006-2007 Page 4
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.
Tariqul Islam / T-", tf'G (�
Name of Employee/Signature
Project Manager
Title
❑ This form is N/A as No City Funds are associated with this Contract
Printed Name Signature
ATTEST:
k1-RO`l&� G0104�91
'for Ronald P.Gonzales(Oct 8,202015:54 CDT)
Mary J.Kayser,City Secretary
for Ronald P.Gonzales
Assistant City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX