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HomeMy WebLinkAboutContract 51330 CITY SECRETARY CONTRACT N0. INTERLOCAL AGREEMENT TO CONDUCT RESEARCH ACTIVITIES IN TRINITY PARK BETWEEN THE CITY OF FORT WORTH AND THE FORT WORTH INDEPENDENT SCHOOL DISTRICT THIS INTERLOCAL AGREEMENT (hereinafter referred to as "Agreement") is made and entered into by and between the City of Fort Worth,Texas a home-rule municipal corporation (hereinafter referred to as "City"), acting by and through its duly authorized Assistant City Manager, and the Fort Worth Independent School District,(hereinafter referred to as"Fort Worth ISD"), each referred to separately as a "party" and collectively as the "parties" and is made pursuant to the authority granted by Chapter 791 of the Texas Government Code. WHEREAS, Chapter 791 of the Texas Government Code, the "Interlocal Cooperation Act," authorizes local government entities to enter into interlocal contracts for governmental purposes; and WHEREAS, through a grant from Texas Christian University, Fort Worth ISD is conducting turtle surveys in the Trinity River, consisting of capturing, measuring, marking and releasing turtles back into the Trinity River(hereinafter"Research Activities"); and WHEREAS,Fort Worth ISD has obtained Scientific Research Permit No. SPR-1017-201 from the Texas Parks & Wildlife Department and permission from the Tarrant Regional Water District to conduct the Research Activities; and WHEREAS, Fort Worth ISD desires to enter into Trinity Park in order to conduct the Research Actives; and WHEREAS,Fort Worth ISD's Research Activities provide a benefit to the City,Trinity Park, and the public; WHEREAS, each party, in performing governmental functions or in funding the performance of governmental functions, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each party finds that the performance of this Agreement is in the common interest of the parties,that the undertaking will benefit the public interest and that the division of costs fairly compensates the performing party for the services or functions under this Agreement. NOW,THEREFORE,in consideration of the mutual promises and agreements contained herein,the parties to this Agreement mutually agree to the following: 1. Scope The City grants Fort Worth ISD permission to enter into Trinity Park to conduct Research Activities related to surveying turtles consisting of capturing, measuring, marking and releasing INTERLOCAL AGREEMENT TO CONDUCT RESEARCH ACTIVITIES Pagge I of IN TRINITY PARK BETWEEN THE CITY OF FORT WORTH AND OFFICIAL RFt0R0 THE FORT WORTH INDEPENDENT SCHOOL DISTRICT CITY SECRETARY FT.WORTH,TX i turtles back into the Trinity River in accordance with Scientific Research Permit No. SPR-1017- 201 issued by the Texas Parks&Wildlife Department, and for no other purpose. Fort Worth ISD may not use any part of Trinity Park for any use or purpose that violates any applicable law,regulations, or ordinance of the United States, the State of Texas, the County of Tarrant,or the City of Fort Worth,or other lawful authority with jurisdiction of Trinity Park. 2. Term The initial term of this Agreement shall begin on September 12, 2018 and expire on September 12,2021. The term of this Agreement may be extended by a written amendment to this Agreement executed by the parties. 3. Termination This Agreement may be terminated by either party upon delivery of written notice to the other party. 4. Condition of Trinity Park Fort Worth ISD expressly acknowledges and agrees that it has conducted a full and complete physical examination of Trinity Park and hereby accepts Trinity Parks,AS IS,WHERE IS, AND WITHOUT ANY WARRANTIES OF WHATEVER NATURE, EXPRESS OR IMPLIED, IT BEING THE INTENTION OF CITY AND FORT WORTH ISD TO EXPRESSLY NEGATE AND EXCLUDE ALL WARRANTIES EXPRESS OR IMPLIED, IN FACT OR BY LAW, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTY OF SUITABILITY, AND THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, CONTAINED IN OR CREATED BY ANY APPLICABLE LAW OF THE STATE OF TEXAS. 5. Care of Trinity Park Fort Worth ISD will not do or permit to be done any injury or damage to Trinity Park, or any part thereof,or permit to be done anything that will damage Trinity Park,its amenities,or any other property belonging to the City. Fort Worth ISD will pay the costs of repairing any damage done by any act of Fort Worth ISD or its officers,representatives,servants,employees,or agents. 6. Use Not Exclusive;Right to Control INTERLOCAL AGREEMENT TO CONDUCT RESEARCH ACTIVITIES Page 2 of 9 IN TRINITY PARK BETWEEN THE CITY OF FORT WORTH AND THE FORT WORTH INDEPENDENT SCHOOL DISTRICT This Agreement and all rights granted to Fort Worth ISD herein are strictly non-exclusive. The City reserves the right to enter into and grant other and future licenses, leases, and other authorizations for use of Trinity Park to other persons and entities as the City deems appropriate in accordance with applicable law. This Agreement does not establish any priority for the use of Trinity Park by Fort Worth ISD or by any present or future licensees or other permit holders. In the event of any dispute as to the priority of use of Trinity Park the first priority shall be to the public generally, the second priority to the City in the performance of its various functions, and thereafter,as between licensees and other permit holders,as determined by the City in the exercise of its powers, including the police power and other powers reserved to and conferred on it by the State of Texas. In providing use of Trinity Park by Fort Worth ISD, City does not relinquish the right to control the management of Trinity Park, or the right to enforce all necessary and proper rules for the management and operation of the same. 7. Liability Without waiving any defenses including governmental immunity, each party to this Agreement agrees to be responsible for its own acts of negligence,which may arise in connection with all claims for damages,costs and expenses to any person or property that may arise out of or be occasioned by this Agreement or any of its activities, or from any act or omission of any employee or invitee of the parties to this Agreement. The provisions in this paragraph are solely for the benefit of the parties to this Agreement and are not intended to create or grant any rights, contractually or otherwise to any third party. 8. Compliance with Laws The parties warrant that their mutual obligations shall be performed with due diligence in a safe and professional manner and in compliance with any and all applicable statues, rules and regulations. Parties to this Agreement shall comply with all federal, state and local law. 9. Limitations of Authority No party has authority for and on behalf of the other party except as provided in this Agreement. No other authority,power,partnership, or use of rights are granted or implied. It is expressly understood that the employees, methods, and facilities of the City shall at all times be under its exclusive jurisdiction, direction and control. It is understood that the employees, methods,and facilities of the Fort Worth ISD shall at all times be under its exclusive jurisdiction, direction and control. No party may incur any debt,obligation, expense, or liability of any kind against the other party without the other party's express written approval. INTERLOCAL AGREEMENT TO CONDUCT RESEARCH ACTIVITIES Page 3 of 9 IN TRINITY PARK BETWEEN THE CITY OF FORT WORTH AND THE FORT WORTH INDEPENDENT SCHOOL DISTRICT 10. Right to Audit Fort Worth ISD agrees that the City shall, until the expiration of three (3) years after termination of this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Fort Worth ISD involving transactions relating to this Agreement. Fort Worth ISD agrees that the City shall have access during normal working hours to all necessary Fort Worth ISD facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Fort Worth ISD reasonable advance notice of intended audits. The City shall be responsive for its own costs in conducting an audit. 11. Notices All notices,consents,approvals,demands,requests,or other communications provided for or permitted to be given under any of the provisions of this Agreement shall be in writing and shall be deemed to have been duly given or served when delivered by hand delivery or when deposited in the U.S. mail by registered or certified mail, return receipt requested, postage prepaid and addressed as follows unless either party has been notified in writing of any changes to such address(es)-or addressee(s): To the City: To Fort Worth ISD: City of Fort Worth Name:Janeen Jervis Park&Recreation Department Title:Adm Asoc IIA Attn: Director Fort Worth Independent School District 4200 South Freeway, Suite 2200 100 N.University Dr.,Ste.SW,209 Fort Worth,Texas 76115 Fort Worth,Texas 76107 With Copies To: With a Copy To: City Manager's Office and Legal Counsel City Attorney's Office Fort Worth Independent School District 200 Texas Street 100 N.University Dr.,Ste.SW 172 Fort Worth,Texas 76102 Fort Worth,Texas 76107 12. Assignment Neither City nor Fort Worth ISD will assign,sublet, subcontract or transfer any interest in this Agreement without the written consent of the other party.No assignment,delegation of duties or subcontract under this Agreement will be effective without the written consent of the other Ply INTERLOCAL AGREEMENT TO CONDUCT RESEARCH ACTIVITIES Page 4 of 9 TN TRINITY PARK BETWEEN THE CITY OF FORT WORTH AND THE FORT WORTH INDEPENDENT SCHOOL DISTRICT 13. Venue and Jurisdiction This Agreement shall be governed by the laws of the State of Texas. Venue for any action brought to interpret or enforce, or arising out of or incident to,the terms of this Agreement shall be in Tarrant County,Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 14. Entire Understanding This Agreement represents the entire Agreement by and between the parties and supersedes all previous letters,understanding or oral agreements between the City and Fort Worth ISD. Any representations,promises,or guarantees made but not stated in the body of this Agreement are null and void and of no effect. No party may make, revise, alter, or otherwise diverge from the terms, conditions or policies which are subject to this Agreement without a written amendment to this Agreement. Changes to this Agreement are subject to the approval of the City and Fort Worth ISD's legal advisors and Board of Trustees. 15. Remedies No right or remedy granted herein or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted but each shall be cumulative of every other right or remedy given hereunder. The failure of any party hereto to exercise the rights granted them herein upon the occurrence of any of the contingencies set forth in this Agreement shall not in any event constitute a waiver of any such rights upon the occurrence of any such contingencies. 16. Severability; Section Headings If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part 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 conditions or any other part of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. The headings in this Agreement are inserted for reference only,and shall not define or limit the provisions hereof. INTERLOCAL AGREEMENT TO CONDUCT RESEARCH ACTIVITIES Page 5 of 9 IN TRINITY PARK BETWEEN THE CITY OF FORT WORTH AND THE FORT WORTH INDEPENDENT SCHOOL DISTRICT 17. Authorization The undersigned officers and/or agents are properly authorized to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other party that any necessary resolution or actions extending such authority have been duly passed and are now in full force and effect. 18. Force Majeure If either Party is unable, either in whole or part, to fulfill its obligations under this Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars;blockades; insurrections; riots; epidemics;public health crises; earthquakes; fires; floods; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any state; declaration of a state of disaster or of emergency by the federal, state, county, or City government in accordance with applicable law; issuance of an Imminent Threat Alert or Elevated Threat Alert by the United States Department of Homeland Security or any equivalent alert system that may be instituted by any agency of the United States; any arrests and restraints; civil disturbances; or explosions; or some other reason beyond the Party's reasonable control(collectively,"Force Majeure Event"),the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. If a Force Majeure Event occurs,the City may, in its sole discretion,close or postpone the opening of its community centers, parks, or other City-owned and operated properties and facilities in the interest of public safety and operate them as the City sees fit. 19. Review of Counsel The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. 20. Immigration Nationality Act Fort Worth shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Fort Worth ISD shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Fort Worth ISD shall adhere to all Federal and State laws as well as INTERLOCAL AGREEMENT TO CONDUCT RESEARCH ACTIVITIES Page 6 of 9 IN TRINITY PARK BETWEEN THE CITY OF FORT WORTH AND THE FORT WORTH INDEPENDENT SCHOOL DISTRICT establish appropriate procedures and controls so that no services will be performed by any Fort Worth ISD employee who is not legally eligible to perform such services. Fort Worth ISD shall be responsible for any penalties,liabilities,or losses due to violation of this section by Fort Worth ISD or its employees, subcontractors,agents, or licensees. 21. Multiple Originals The parties may execute multiple originals and multiple counterparts of this Agreement, each of which shall be considered an original document. [REMAINDER OF PAGE INTENTIONALLY BLANK] INTERLOCAL AGREEMENT TO CONDUCT RESEARCH ACTIVITIES Page 7 of 9 IN TRINITY PARK BETWEEN THE CITY OF FORT WORTH AND THE FORT WORTH INDEPENDENT SCHOOL DISTRICT EXECUTED on the day of , 2018. CITY OF FORT WORTH: Fernando Costa Assistant City Manager Date: 2718 Recommended By: Ri and Zavala, Director Par &Recreation Department APPROVED AS TO FORM AND LEGALITY: Richard A.McCracken Assistant City Attorney No M&C Required Form 1295:N/A 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. Nancy Won Contract Compliance Specialist FART(� 0. ATTEST: OFFICIAL RECORD Mary Kayser 7E7CP5 CITY SECRETARY City Secretary FT.WORTH,TX INTERLOCAL AGREEMENT TO CONDUCT RESEARCH ACTIVITIES Paige 8 tff 9 IN TRIMTY PARK BETWEEN THE CITY OF FORT WORTH AND THE FORT WORTH INDEPENDENT SCHOOL DISTRICT FORT WORTH INDEPENDENT SCHOOL DIS•rRICT: Date: J APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR PORT WORTH ISD ONLY. J' .:.� I-Lgul Counsel Dole: E L RfCORiD. CR�TARvRTHI TX q A oved: Kent ill. .Tll)II r-Ph• Cherie Washington Sw)ael'inteiide t of Schools Chief of Secondary Schools INT ERLOCAL AGREEMENT TO COND['C i'USI:ARCII AC rivin s Pnge?of 7 IN TRINITY PARK BETWELN Till CITY Of f OR1'W'ORTI1 AND 1'IIE FORT'R'011'III INDEPCNDEN'l SCHOOL DISTRIC[