HomeMy WebLinkAboutContract 33123 CITY SECRETARY SLV-Q�CONTRACT NO.
THE STATE OF TEXAS §
COUNTY OF TARRANT §
INTERLOCAL AGREEMENT
This INTERLOCAL AGREEMENT ("Agreement") is made and entered into this
/e�tay of -.., , , 2005, by and between the COUNTY OF TARRANT, a political
subdivision of the State of Texas, acting herein and by and through its governing body, the
Commissioners Court, (hereinafter referred to as the "County") and the CITY OF FORT
WORTH, a home rule municipal corporation of the State of Texas, located within Tarrant,
Denton, and Wise Counties, Texas (hereinafter referred to as the"City")both of Tarrant County,
State of Texas,:
RECITALS
The City and County hereby agree that the following statements are true and correct and
constitute the basis upon which the City and County have entered into this Agreement:
WHEREAS, this Agreement is made under the authority granted by and pursuant to
Chapter 791 of the Texas Government Code; and
WHEREAS, each governing body, in performing government functions or in paying for
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 subject of this Agreement is necessary
for the benefit of the public and that each has the legal authority to perform and to provide the
government function or service which is the subject matter of this Agreement;and
WHEREAS, each governing body finds that the performance of this Agreement is in the
common interest of both parties and that the division of costs fairly compensates the performing
party for the services or functions under this agreement; and
WHEREAS,the performance of this Agreement will provide greater access to the scenic
view of Lake Worth from the Park which will be in the common interest of both parties and will
benefit the general public.
NOW THEREFORE, in consideration of the mutual benefits and promises contained
herein and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged,the parties agree as follows:
ARTICLE 1.
GENERAL REQUIREMENTS
1.01 Parties. When used herein, the term "County" and the term "City" shall include
the officers,agents,employees, successors and assigns of each of the parties respectively.
Page 1 of 6
1.02 Scope of Services.
County shall provide the following:
A. Construction of Parking Lot.
County agrees to provide all labor, equipment, and incidentals necessary to construct and
pave a 6,700 square foot parking lot, of three (3) inch Hot Mix Asphalt (HMAC) based
on dimensions as provided by the City at Marion Sansom Park located in Fort Worth
Texas. See Exhibit"A".
B. Improvement of Existing Road.
County agrees to provide all labor, equipment, and incidentals necessary to improve
approximately 38,500 square feet of road surface, to be paved with three(3) inch HMAC
at Marion Sansom Park located in Fort Worth,Texas. See Exhibit"A".
C. County agrees to furnish all necessary flagmen, barricades and traffic devices as
needed.
1.03 Documentation of Costs.
A. Prior to the initiation of each construction project outlined in Section 1.02of this
Agreement, County will provide the City's Director of Parks and Community Services
("PACS' Director") with a written estimate of the cost of each such project. If the City
reasonably objects to any cost estimate, it shall promptly notify the County. The City and
the County shall work together in good faith to address the City's concern.
B. If the County exceeds its cost estimate for any such project by twenty-five(25%),
it shall notify the City promptly upon determining the need for the cost of the increase
and provide and explanation for such cost increase. Upon completion of each
construction project outlines in Sections 1.02(a) and 1.02(b), the County will provide the
PACS Director with a written final accounting of the cost of each such project. The City
shall pay the County within thirty(30) days of receipt of the final accounting. The total
cost to construct parking and road improvements at Marion Sansom Park shall not exceed
$40,000.
1.04 City's Obligations
A. The City, at the City's sole cost and expense, shall provide sufficient asphalt to
construct approximately 38,500 square feet of paved road surface described in Section
1.02 and Exhibit"A".
B. In addition, the City shall, at the City's sole cost, provide reimbursement to the
County for the materials, labor and equipment costs associated with the construction of a
6,700 square foot parking lot as described in Section 1.02 and Exhibit"A".
C. The City agrees to notify county within thirty days of the completion of a specific
project of any complaint the City has with the project.
Page 2 of 6
ARTICLE 2.
REPAIR AND MAINTENANCE
2.01. Upon completion of the project, the City shall keep road and parking lot in good
repair and maintain in its current condition unless mutually agreed by the parties otherwise in
future written agreements.
ARTICLE 3.
CURRENT REVENUES
3.01. Pursuant to 791.011 of the Interlocal Cooperation Act, each party paying for
performance of governmental functions or services must make those payments from current
revenues available to the paying party.
ARTICLE 4.
CLAIMS/LAWSUITS.
4.01. Notice. County agrees to notify the City promptly upon the receipt of any claim
or lawsuit brought in connection with any injury, death or damages related to this Agreement.
County agrees to make its officers, agents, and employees available to the City at all reasonable
times for any statements and case preparation necessary for the defense of any claims or litigation
for which the City may be responsible hereunder.
4.02. Waiver of Immunity. Nothing herein shall be deemed to constitute a waiver of any
immunity or affirmative defense, which may be asserted by County or the City as to any claim of
any third party.
4.03 Cause of Action. Nothing herein shall be construed in any manner, to create a cause of
action for the benefit of any person not a party to this Agreement, or to create any rights for the
benefit of any person not a party to this Agreement not otherwise existing at law.
4.04 Liability of Claims. Nothing in the performance of this Agreement shall impose any
liability for claims against the County other than claims for which liability may be imposed by the
Texas Tort Claims Act. Nothing in the performance of this Agreement shall impose any liability
for claims against the City other than claims for which liability may be imposed by the Texas
Tort Claims Act.
ARTICLE 5.
NOTICES.
5.01. Any notice provided for or permitted under this Agreement shall be made in writing and
may be given or served by (i) delivering the same in person to the party to be notified, or (ii)
depositing the same in the mail, postage prepaid, certified with return receipt requested, and
addressed to the party to be notified, or (iii) sending by telecopy, with a copy thereof sent by
registered mail on the same day. If notice is deposited in the mail pursuant to (ii) or(iii) of this
Section 10, it will be effective upon receipt or refusal. For the purpose of notice,the addresses of
the parties are,until changed as provided below, as follows:
Page 3 of 6
Com:
City of Fort Worth
Parks and Community Services
4200 S. Freeway, Suite 2200
Fort Worth,Texas 76115
With copy to:
Melinda Ramos, Assistant City Attorney
1000 Throckmorton Street
Fort Worth,Texas 76102
Coun :
G. K. Maenius
County Administrator
100 E. Weatherford, Suite 404
Fort Worth, Texas 76109
With copy to:
Commissioner Precinct 4
Fort Worth,Texas
However,the parties may from time to time change their respective addresses,and each shall
have the right to specify as its address any other address upon at least ten days written notice
to the other party.
ARTICLE 6.
NONDISCRIMINATION_
6.01. Neither the City and County,nor any of its officers, members, agents, employees, program
participants, or subcontractors, while engaged in performing this contract, shall in connection
with the employment, advancement, or discharge of employees, or in connection with the terms,
conditions or privileges of their employment, discriminate against persons because of their age,
except on the basis of a bona fide occupational qualification, retirement plan, or statutory
requirement.
6.02. The City and County, agree that in the execution, performance, or attempted performance
of this agreement, they will not discriminate against any person or persons because of gender,
religion, color, sexual orientation, or national origin, nor will County permit its agents,
employees, subcontractors or program participants to engage in such discrimination.
ARTICLE 7.
GENERAL PROVISIONS
7.01. No Partnership or Joint Venture. County shall operate hereunder as an independent
contractor and not as an officer, agent, servant, or employee of the City. County shall have the
Page 4 of 6
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exclusive control of, and the exclusive right to, control the work designated to the County to be
performed hereunder, and all persons performing the same, and shall be solely responsible for the
acts and omissions of .its officers, agents, servants, contractors, subcontractors and employees.
Neither City nor County shall be responsible under the Doctrine of Respondeat Superior for the
acts and omissions of its officers, agents, servants, contractors, subcontractors, or employees. It
is understood and agreed that the City is not involved as a party to any activities that may be
carried on by County pursuant to this Agreement. Provided, however, that no provision of this
Agreement shall operate or be construed as a waiver by either party of any immunity from
liability which it has or could be asserted under the doctrine of governmental immunity or any
other immunity which it has under law.
7.02 Waiver of Immunity. No provision of this agreement shall operate or be construed as a
waiver by either party of any immunity from liability which it has or could be asserted under the
doctrine of governmental immunity or any other immunity which it has under law.
7.03. Force Majeure. If performing any other covenant or term is delayed by reason of war,
civil commotion, act of God, governmental restrictions, regulations, or interference, fire or other
casualty, or any other circumstances beyond the City or County's control or that of the party
obligated or permitted under this Agreement to do or perform the term or covenant, regardless of
whether the circumstance is similar to any of those enumerated or not, each party so delayed is
excused from performance during the delay period.
7.04. Subject to the limitations contained herein, the covenants, conditions and agreements made
and entered into by the parties hereto are declared to be for the benefit of and binding upon their
respective successors,representatives and assigns, if any.
7.05. It is agreed that, in the event any covenant, condition or provision herein contained is held
to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or
provision shall in no way affect any other covenant, condition or provision herein contained;
provided, however, that the invalidity of any such covenant, condition or provision does not
materially prejudice either County or City in connection with the rights and obligations contained
in the valid covenants,conditions or provisions of this agreement.
7.06. Applicable Laws. If any action, whether real or asserted, at law or in equity, arises on the
basis of any provision of this Agreement, venue for such action shall lie in state courts located in
Tarrant County, Texas, or the United States District Court for the Northern District of Texas —
Fort Worth Division.
7.07. Severability of Provisions. If any of the Provisions contained in this Agreement shall be
held, for any reason, to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability, shall be construed as if such invalid, illegal, or unenforceable
provision had never been contained herein.
7.08. Funding Out Clause. If for any reason, at any time during any term of this Agreement, the
City Council fails to appropriate funds sufficient for the City to fulfill its obligations under this
Agreement or withdraws previously appropriated funds so that the City is no longer able to fulfill its
obligations under this Agreement,the City may terminate this Agreement effective thirty(30)days'
following delivery of written notice of City's intent to terminate. However, the City shall remain
liable for any expense the County incurs prior to the notice of termination.
Page 5 of 6
7.9 Sole Agreement. This Agreement constitutes the sole and only agreement of the parties hereto
and supersedes any prior understanding or written or oral agreements between the parties
respecting the subject matter.
SIGNED AND EXECUTED this D T'C day of 2005.
Court Order
COUNTY OF TARRANT
STATE OF TEXAS CITY FORT WORTH,TEXAS
Honorable Tom Vandergriff ssistant City anager
County Judge
APPkOVED AS TO FORM: ATTEST:
District ttorne Office* City Secretary
CERTIFICATION OF APPROVED AS TO FORM:
AVAILABLE FUNDS: $ �
a ' Assistant City Attorney
Tarrant County Auditor
*By law,the District Attorney's Office may only advise or approve contract or legal documents
on behalf of its clients. It may not advise or approve contracts or legal documents on behalf of
other parties. Our review of this document was conducted solely from the legal perspective of
our client. Our approval of this document was offered solely for the benefit of our client. Other
parties should not rely on this approval and should seek review and approval by their own
respective attorney(s).
Contract Authoation
Date
Page 6 of 6
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Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/21/2005
DATE: Tuesday, June 21, 2005
LOG NAME: 80SANSOMPARKING REFERENCE NO.: C-20809
SUBJECT:
Authorization to Enter into an Interlocal Agreement with Tarrant County to Construct Parking and
Road Improvements at Marion Sansom Park
RECOMMENDATION:
Authorize the City Manager to enter into an Interlocal Agreement with Tarrant County to construct parking
and road improvements at Marion Sansom Park in an amount not to exceed $40,000.
DISCUSSION:
The 1993 Capital Improvement Program for Roads and Parking included funds for the construction of
parking and road improvements for Marion Sansom Park. Marion Sansom is a 264 acre Community Park
located at 2501 Roberts Cut-off Road overlooking the Lake Worth Dam. The park has limited amenities
and is mainly noted as a scenic overlook with a view of Lake Worth. It serves not only Fort Worth residents,
but residents of the adjacent cities of Sansom Park to the east and River Oaks to the south. For this
reason, staff from the Parks and Community Services Department approached officials with Tarrant County
to pursue a partnership for the construction of parking and road improvements.
Under state law, the County is able to enter into interlocal agreements with municipalities to furnish labor
and equipment for the construction of public roads. The City's participation will be the purchase of sufficient
asphalt to construct approximately 38,500 square feet of paved road surface. The City has also negotiated
with the County for the construction of a 6,700 square foot parking lot. Since the parking lot is not
considered a public road, the City will be required to furnish materials and to reimburse the County for labor
and equipment. An aerial photograph noting the proposed roads and parking is attached.
The original scope of work for this project has been greatly reduced due to changes in use patterns for
parks in western Fort Worth. The recent completion of West Park, currently 83 acres has added significant
recreational opportunities for residents of west Fort Worth.
Marion Sansom Park is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current Capital Budget, as appropriated, of the
Street Improvements Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 2/6/2006
Page 2 of 2
C111 541200 080111037148 $40,000.00
Submitted for City Manager's Office b Libby Watson (6140)
Originating Department Head: Randle Harwood (871-5704)
Additional Information Contact: Harold Pitchford (871-5728)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 2/6/2006