HomeMy WebLinkAboutContract 42110 ,TTY SECRETARY L4
THE STATE OF 'TEXAS
'ONTRACT NO. a 1 l�
COUNTY OF TARRANT INTERLOCAL AGREEMENT
BACKGROUND
This Interlocal Agreement is between County of Tarrant("COUNTY"), and the
City of Fort Worth ("Fort Worth") acting through its duly authorized Assistant City
Manager, Fernando Costa.
Sections 791.001 —791.029 of the Texas Government Code provide legal
authority for this Agreement;
During the performance of the governmental functions and the payment for the
performance of those governmental functions the parties will make the performance and
payment from current revenues legally available to that party; and
The Commissioners Court of the COUNTY and the City Council find:
a. This Agreement serves the common interest of all parties;
b. This Agreement will benefit the public;
C. The division of costs fairly compensates all parties to this Agreement; and
d. All parties have authorized their representative to sign this Agreement.
The Parties therefore agree as follows:
TERMS AND CONDITIONS
1. COUNTY RESPONSIBILITY
COUNTY will furnish the labor and equipment for the following project:
COUNTY agrees to construct an eight foot wide walking track for the
Carverly f(eights Neighborhood, on a City owned plat located at the
Southwest corner of E. Rosedale Street at it's intersection with Loop 820
South service road, approximately 14,400 square feet. The walking track
profile shall be six inches of base stabilization and two inches of HMAC.
2. CITY RESPONSIBILITY
2.1 CITY will pay the total cost of the materials being approximately
$23,440.00
2.2 City will pay the County a flat rate cost of One Ifundred Dollars and
001100($100.00) for equipment and labor to accomplish project.
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08-11 -11 A10914-MI
2.3 CITY will furnish all rights of way, plan specifications, and engineering
drawings, including American Disabilities Act approved entrances if
required for the project postured within their respective jurisdiction.
2.4 lfa Storni Water Pollution Prevention Plan is required, the CITY will be
responsible for the design, development and implementation of the Plan.
COUNTY will inform the vendor if the Plan needs maintenance during
construction.
3. PROCEDURES DURING PROJECT
COUNTY retains the right to inspect and reject all materials provided for this project.
If CITY has a complaint regarding the construction of the project, the CITY must
complain in writing to the COUNTY within 30 days of'project completion. Upon
expiration of 30 days after project completion, the CITY becomes responsible for
maintenance of the project within their respective jurisdiction.
4. NO WAIVER OF IMMUNITY
This agreement does not waive COUNTY rights under a legal theory of sovereign
immunity. This agreement does not waive either City's rights under a legal theory of
sovereign immunity.
5. OPTIONAL SERVICES
5.1 If requested by a CITY, the COUNTY may apply permanent striping,
5.2 If necessary, COUNTY may furnish flag persons
6. TIME PERIOD FOR COMPLETION
CITY will give the COUNTY notice to proceed at the appropriate time. However,
COUNTY is under no duty to commence construction at any particular time.
7. THIRD PARTY
The parties do not enter into this agreement to protect any specific third party. The intent
of this agreement excludes the idea of a suit by a third party beneficiary. The parties to
this agreement do not consent to the waiver of sovereign immunity under Texas law to
the extent any party may have immunity under Texas law.
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8. JOINT VENTURE &AGENCY
The relationship between the parties to this agreement does not create a partnership or
Joint venture between the parties. This agreement does not appoint any party as agent for
the other party.
9. EFFECTIVE DATE
This agreement becomes effective when signed by the last party whose signing makes the
agreement fully executed.
COUNTY OF TARRANT CITY OF FORT WORTI I
COLJN7 Y JUDGE Fernando Costa..Assistant City Manager
Date: 1/ 1 Date:_ 819 /
Attest:
Attest: uant._z act Atttehari aatiox
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APPROVED AS TO FORM AND
LEjGA-Iv TY
ROY C. LOOKS ASSI`! ANT CITY ATTORNEY
COMMISSIONER. PCT.ONE
APROVED ASS FORM* ..-
��/ Attested by:
AS 1STRICT ATTORNEY b��AAtl
Marty Hendrix, Secretary p°f�oo0R
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By law.the District Attorney's Office may only advise or approve contracts or legal documents oft 0
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of its clients. It may not advise or approve a contract or legal document on behalf of other parties. �0 o
review of this document was conducted solely from the legal perspective of our client. Our approva f t& po Xd
document was offered solely for the benefit of our client. Other parties should not rely on this appro d°aQ om00 d
should seek review and approval by their own respective attorney(s). a
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M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoRH
COUNCIL ACTION: Approved on 7/12/2011 -Ordinance No. 19761-07-2011
DATE: 7/12/2011 REFERENCE NO.:C-25005 LOG NAME: 17ROSEDALE
WALKING TRAIL
CODE: C TYPE: NOW PUBLIC CONSENT HEARING: NO
SUBJECT: Authorize Execution of an Interlocal Agreement with Tarrant County to Construct Walking
Trail Improvements on City Owned Property Located Near the Southwest Corner of
Rosedale and Highway 820 and Authorize to Use Up to $30,000.00 in Urban Development
Action Grant Funds for Materials and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of an Interlocal Agreement with Tarrant County to construct walking trail
improvements on city owned property located near the southwest corner of Rosedale and Highway
820 and authorization to use up to $30,000.00 in Urban Development Action Grant Funds for
Materials; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations of the
Grants Fund by $30,000.00.
DISCUSSION:
The residents of the Carver Heights Neighborhood have asked the County to build a walking trail on
the City property located near the southwest corner of Rosedale and Highway 820. The County has
agreed to provide the labor for the construction of the walking trail. However, the County cannot pay
for the cost of materials.
Staff has identified up to $30,000.00 in funds from the Urban Development Action Grant (UDAG)that
can be used for the project. The UDAG funds must be spent on Community Development Block
Grant (CDBG)eligible activities and private funds must be donated to the project. The residents of
Carver Heights have agreed to donate $1,000.00 in private funds for this project. The County will pay
approximately $60,000.00 for labor, equipment and fuel.
Staff recommends entering into an Interlocal Agreement with the county to construct a walking trail on
the City owned property near Rosedale and Highway 820.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies upon approval of the above recommendation
and adoption of the attached appropriation ordinance, funds will be available in the capital budget, as
appropriated, of the Grants Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 539120 005206948070 $30.000.00 GR76 42216 005206948070 $30.000.00
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head:
08 : 00895 79A97- 9EE
http://apns.cfwnet.or2/counci1 racket/mc review.asn?TD=15443&r.oinncilrinte=7/19001 1 R/1 1 i?nt t
M&C Review Page 2 of 2
Jay Chapa (5804)
Additional Information Contact: Cynthia Garcia (8187)
ATTACHMENTS
17ROSEDALE WALKING TRAIL A011.doc
httn://anps.cfwnet.org/council packet/mc_review.asp?ID=15443&councildate=7/12/2011 8/11/2011