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Home My WebLink AboutContract 49996 12 AMCITY SEC � C, E�� ' CONTRACTNO. �qq�- 96:7 W CO 14 INTERLOCAL AGREEMENT p BETWEEN THE CITY OF JOSHUA, TEXAS AND THE CITY OF FORT WORTH, TEXAS THIS Interlocal Agreement ("AGREEMENT") is by and between the City of Joshua, a Texas home-rule municipality with its principle office at 101 S. Main Street, Joshua, Johnson County, Texas 76058, ("JOSHUA"), 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 JOSHUA desire to jointly measure rainfall and other weather parameters in or around Joshua, 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; NOW THEREFORE, in consideration of the above recitals and the premises and agreements, covenants and promises herein set forth, it is agreed as follows: Section 1 OBLIGATIONS OF JOSHUA 0 OFFICIAL RECORD CITY SECRETARY City of Fort Worth-City of JOSHUA, Weather Gauging Station FT.WORTNt TX Page 1 of 6 A. JOSHUA is responsible for selecting one pad site(s) on property or locations under JOSHUA's control, said site consisting of dimensions of at least of 5'x5' for placement of a weather gauging station; B. JOSHUA 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. JOSHUA 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. JOSHUA 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 JOSHUA 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 shown in Exhibit A 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 JOSHUA STATION(s) and other data from FORT WORTH's Flood Warning System with JOSHUA. Section 3. OTHER TERMS OF AGREEMENT A. TERM. This AGREEMENT shall continue in force and effect for a minimum of five (5) years. FORT WORTH shall have sole ownership of the weather station equipment, unless transferred to JOSHUA by separate agreement after the minimum of five (5) year period expires. B. NOTICES. Formal notices provided for herein may be delivered to JOSHUA and/or FORT WORTH via electronic communication or, if sent by mail, shall be addressed to JOSHUA 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 JOSHUA, Weather Gauging Station Page 2 of 6 CITY OF JOSHUA, 101 S. Main Street Joshua, Texas 76058 Attention: Mr. Kristen Hubacek Director of Public Works khubacek(&-cityofjoshuatx.us 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 Ranian.Muttiah(D-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 JOSHUA, Weather Gauging Station Page 3 of 6 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 JOSHUA 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 JOSHUA By: !) �-y 13 . Jesus J. Chapa Jos .Jones. Assistant City Manager City Manager Date: //-j-) - / 7 Date: November 3, 2017 ATTEST: * C1T'y ATTEST: By: :�J 4 By: City Se et r (CITY'S SEAL) '� (AUTHORITY'S SEAL) Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and NO M&C REQUIRED administration of this contract, including ensuring all performance and reporting require _ s7 Name: r'un 6Ln e Title: APPROVED AS TO FORM and Legality Approved as to Form and Legality OFFICIAL RECORD City of Fort Worth-City of JOSHUA,Weather Gauging Station CITY SECRETARY Page 4 of 6 FT.WORTH,TX Douglas W Black Name: Sr. Assistant City Attorney City Attorney, JOSHUA )U0 otJ,(' - EXHIBIT A City of Fort Worth-City of JOSHUA, Weather Gauging Station Page 5 of 6 +I I Weather � sensors II (individual, I or multi- sensor) I Mum TBE pip•. TeE 4.1-W yUp. Roar cap 8. P61co SE 3106 1'%"Hub Palco SE 0954 24 a 24 a e 55 UMstrut stainless Mounts W/4" En<Io SS damps 4'altl Mumblum Pok TOE V-6"typ P. 5325 Pdco P65339 Foundadw and and..par TXDOTTS-FD-99 TXDOTTS-FO.12 Distinctive Designs,Inc. nr. City of Fort Worth HIEN Water Warring System AWPIWaather M-AWIne Mo Inkastruetun ow 10/2/2017 DV HWWS-03 City of Fort Worth-City of JOSHUA, Weather Gauging Station Page 6 of 6