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HomeMy WebLinkAboutContract 26236 CITY SECRETARY a I CONTRACT NO. Y� INTERLOCAL AGREEMENT between UNIVERSITY OF NORTH TEXAS HEALTH SCIENCE CENTER and THE CITY OF FORT WORTH THIS INTERLOCAL CONTRACT AGREEMENT ("Agreement") is entered into by and between the government entities shown below as Contracting Parties, pursuant to the authority granted and in compliance with the provisions of "The Interlocal Cooperation Act," Chapter 791, Texas Government Code. For and in consideration of the foregoing, the parties hereto agree as follows: L CONTRACTING PARTIES: University of North Texas Health Science Center (UNTHSC)-the Performing Agency City of Fort Worth (CITY)—the Receiving Agency IL TERM AND SCOPE OF SERVICE OF THE AGREEMENT: For the sums provided herein, UNTHSC shall provide 650 parking spaces in its garage in the Cultural District as more specifically described in the attached and incorporated Exhibit "A", ("Parking Garage") available for public use during the non-business hours of UNTHSC operations, subject to availability of UNTHSC use or use by the Southwestern Exposition Livestock Show, Inc. Non-business hours shall be defined as follows: Monday through Friday from 6:00pm to 6:00am, Saturdays, Sundays and UNTHSC's designated holidays. Services shall commence upon completion of the Parking Garage and continue for five years from the commencement date ("Term"). The CITY may renew the services for two five-year terms upon written notice to UNTHSC sixty days before the expiration of the Term or the extension. III. BASES FOR CALCULATING REIMBURSABLE COSTS: CITY shall pay UNTHSC for the services listed in Paragraph II above at the rate specified as follows: 1. CONTRACT AMOUNT: The total amount of this Agreement shall not exceed One Million and no/100 dollars (1,000,000.00) to be paid in four yearly installments of $250,000 each. 2. PAYMENT FOR SERVICES: UNTHSC shall bill CITY annually in the amount of$250,000 on or before the 30th day of September of each year of the contract for the services performed. CITY shall pay UNTHSC within thirty (30) days after receiving UNTHSC's bill for the services performed. CITY shall pay for services received from current revenues or accounts of CITY from which like expenditures would normally be paid, based upon vouchers drawn by CITY payable to UNTHSC. Payments received by the UNTHSC shall be credited to its current appropriation item(s) or account(s) from which the expenditures of that character were originally made. IV. AMENDMENT: Any agreement hereafter made between the Contract Parties shall be ineffective to modify, release, or otherwise affect this Agreement, in whole or in part, unless such agreement is in writing and signed by both parties. V. ADA COMPLIANCE: UNTHSC shall make all improvements necessary to make the Parking Garage comply with the Americans With Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12101 et seq. To the extent permitted by the state constitution and law, UNTHSC shall fully indemnify and hold the CITY harmless from and against any and all claims, losses, damages, suits, and liability of every kind, including all expenses of litigation, arising out of or in connection with the Parking Garage's compliance, or lack of compliance, with ADA. VI. ENTIRE AGREEMENT AND SEVERABILITY: This Agreement constitutes the entire agreement of the Contracting Parties, and it supersedes any prior oral or written agreements between the Contracting Parties. Further, If one or more of the provisions of this Agreement is held invalid, unenforceable or illegal in any respect, the remainder of the Agreement shall remain valid and in full force and effect. VII. NO PARTNERSHIP OR JOINT VENTURE CREATED: This Agreement shall not be construed as creating a partnership, joint venture or joint enterprise between the Contracting Parties. L 2 ItiU�( VIII. NOTICE: All notices, requests and communications under this Agreement shall be given in writing, addressed to the Contracting Parties at their respective address set forth below and either (i) hand delivered, (ii) sent by telecopy or a nationally recognized overnight courier service, or (iii) mailed by registered or certified mail, return receipt requested, postage prepaid. To UNTHSC: Vice President for Fiscal Affairs 3500 Camp Bowie Boulevard Fort Worth, Texas 76107 To City of Fort Worth: City Manager 1000 Throckmorton Street Fort Worth, Texas 76102 Either party may change its address for notices by sending the other party a notice of new address. c.L Executed on this the r day of C,&4oer-, 2000. UNTHSC CITY OF FORT WORTH B By:_( Name: Steve R . Russell Name: ie Title: Acting S r . V P for Title: Finance and Administration Approved as to form and legality David Yett, City Attorney 1 ATTEST BY B JGl�i'i1 ��---A""ssistan-t—ty Attorney 0 t C� Contract Authorization Date QKKAU U""KCZUPD ) 3 n, G��� U' VEX, City of Fort Worth, Texas 4vagor and council Communication DATE REFERENCE NUMBER LOG NAME PAGE 9/26/00 **C-18246 1 13PARKING 1 of 2 SUBJECT AUTHORIZE AN INTERLOCAL AGREEMENT WITH THE UNIVERSITY OF NORTH TEXAS HEALTH SCIENCE CENTER FOR USE OF PROPOSED PARKING FACILITY RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into a 5-year Interlocal Agreement with two 5-year renewal options with the University of North Texas Health Science Center (UNTHSC) for the use of a proposed university parking facility during non-business hours for public parking in the cultural district. DISCUSSION: In the Fiscal Year 1999-2000 and Fiscal Year 2000-2001 General Fund budgets, the City Council included $250,000 for payment to the UNTHSC as a part of the City's contribution to a project involving the construction of a parking facility in the cultural district. The parking facility is to be located on, and adjacent to, the campus of the UNTHSC. The project costs will be paid for mainly by state funds, which exceed $11 million, with the City's commitment to the project being $250,000 for four years, or a total of$1,000,000. In return for the City's financial participation, it is the intent of the UNTHSC to allow the City the use of the parking facility during non-business hours for any overflow parking needs required by patrons visiting the cultural district. Staff has negotiated a formal interlocal agreement with the UNTHSC staff in anticipation of the construction of the facility. The interlocal agreement calls for an initial 5-year agreement with two options to renew for 5 years each. The use of the parking facility will be made available during non- business hours. In return for such consideration, the City will pay the UNTHSC $250,000 per year for four years. The UNTHSC is currently in negotiations with the owner of certain parcels of property in order to secure ownership of the necessary land to build the project. Although the parking facility is not yet built, this agreement will formalize terms between the City and UNTHSC for the payment and use of the parking facility. As stated above, the City Council has allocated the first $500,000 for the project. In the next two budget years, the City Council will have to allocate $250,000 each year to fulfill the financial terms of this interlocal agreement. City of Fort Worth, Texas "affor And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 9/26/00 **C-18246 13PARKING 2 of 2 SUBJECT AUTHORIZE AN INTERLOCAL AGREEMENT WITH THE UNIVERSITY OF NORTH TEXAS HEALTH SCIENCE CENTER FOR USE OF PROPOSED PARKING FACILITY FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. CB:k } Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED Charles Boswell 8511 CITY COUNCIL Originating Department Head: Jim Keyes 8517 (from) 5 E P 26 2000 GG01 539120 0905500 $250,000.00 (� 1C,) Additional Information Contact: /�^` CitySecretary of the city of Fort Worth Texas Judy Walton 8334 LE