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Home My WebLink AboutContract 33592 CITY SECRETARY Q CONTRACT NO. THE STATE OF TEXAS } } KNOWN ALL MEN BY THESE PRESENTS COUNTY OF TARRANT } INTERLOCAL AGREEMENT This Agreement made and entered into this the day of , 204, by and between the County of Tarrant, acting herein by and through its governing ody, hereinafter referred to as Tarrant County, and the City of Fort Worth, acting herein by and through Marc Ott, its duly authorized Assistant City Manager, both of Tarrant County, State of Texas, Witnesseth: WHEREAS, this Agreement is made under the authority granted by and pursuant to Chapter 791, Texas Government Code,known as the INTERLOCAL COOPERATION ACT; and, WHEREAS, the parties, in paying for the performance of governmental functions or in performing such governmental functions shall make payments therefore only from revenues, legally available to such parties; and WHEREAS, the governing bodies of each party find that the project or undertaking is necessary for the benefit of the public and that each party has the legal authority to build or maintain the project or to provide such service, and the construction and improvement thereof is in the common interest of both parties hereto; and that the division of costs provided for constitutes adequate consideration to each party; said project being more particularly described as: The demolition of structures and the removal of debris located at 3409 Harley Avenue, as designated by the City of Fort Worth WHEREAS, the parties hereto, in order to facilitate the demolition and debris removal, have agreed to share in the provision of labor and financing for said project as hereinafter stated in detail. In consideration of the mutual undertaking hereinafter set forth and for adequate consideration given, the parties agree as follows: 1. Tarrant County will provide the equipment and manpower to demolish structures located at 3409 Harley Avenue, as designated by the City of Fort Worth. OT Interlocal Agreement Tarrant County&Fort Worth > � Page 1 of 5 ' `RIGINAL 06-06-06 P12:23IN 2. The City of Fort Worth will pay$5,000 to Tarrant County as sufficient consideration for Tarrant County's equipment and manpower usage. 3. The City shall pay for landfill costs associated with this project in an amount not to exceed$75,000. 4. Tarrant County shall remove all debris, following demolition and dispose of such debris in a landfill as previously approved by the City. 5. Prior to demolition of a structure, the City shall notify the County of the completion of the asbestos survey and any regulatory required asbestos abatement. Additionally, the City shall complete all other environmental hazard abatement, as is reasonably and lawfully necessary, to allow for structure demolition. Written notification to the Texas Department of State Health Services will be provided by the City and fees associated with the notification will be paid by the City. 6. Prior to the beginning of work by Tarrant County, the City of Fort Worth will provide a written description of the structures to be demolished. The description will include at least a recognizable street address which is to be cleared. The City will certify that all utilities have been disconnected and shut off and that the structures are vacant. 7. Tarrant County will ensure that only properties meeting the description provided by the City shall be demolished. Tarrant County will have the right to enter the properties and start demolition after verification of the right of possession from the City. 8. The County shall perform the demolition including, but not limited to, physical demolition, debris handling, debris transportation and debris disposal or recycling in accordance with Federal, State and local laws and regulations. 9. The County shall allow the City access to the property to complete necessary asbestos abatement and storage tank removal activities. 10. During demolition, if any environmental conditions are discovered or should have been reasonably discovered, the County shall immediately notify the City's Director of the Environmental Management Department. 11. The City of Fort Worth will provide traffic control, if necessary, for this project. Interlocal Agreement Tarrant County&Fort Worth Page 2 of 5 ��b 12. Tarrant County shall be, at all times, responsible for the actions of its employees, officers and agents in fulfilling the terms of this Agreement. The City of Fort Worth shall be, at all times, responsible for the actions of its employees, officers and agents in fulfilling the terms of this Agreement. 13. Tarrant County will be liable for only those claims under which liability is imposed on it by the Texas Tort Claims Act or other environmental laws and regulations. The City of Fort Worth agrees to be liable for only those claims under which liability is imposed on it by the Texas Tort Claims Act or other environmental laws and regulations. 14. It is expressly understood and agreed that, in the execution of this Agreement and contracts, neither Tarrant County nor the City of Fort Worth waives any immunity or defense that would otherwise be available to it against any claim arising from this Agreement, including the defense of governmental immunity. 15. The parties to this Agreement do not intend by this Contract that any specific third party may obtain a right by virtue of the execution or performance of this Agreement. This Agreement shall become effective on the date first written above. This Agreement shall terminate automatically upon happening of any of the following events: 1. The completion of the project provided for herein; or 2. Any party may terminate this Agreement on thirty (30) days written notice to the other party. IN WITNESS WHEREOF, the parties hereto have executed four (4) copies of this Agreement in Tarrant County, Texas. COUNTY OF TARRANT STATE OF TEXAS By: B TOM VANDERGRI J. D. N County Judge Commissioner Pct.4 Interlocal Agreement Tarrant County&Fort Worth Page 3 of 5 "JAL WORD FYI CITY SRGTffiff °••'i 1^ 1I1__1,,1 F11 ATTEST: Date: COUNTY CLERK APPROVED AS TO FORM*: Ig54'114 Date: /1�12 ASSISTAT r RICT ATTORNEY *By law,The City Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients.It may not advise or approve a contract or legal document 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). Interlocal Agreement Tarrant County&Fort Worth ?? [� Page 4 of 5 WK-11 U PRO ICY 6E(1--akETA2y r 'N10 r CITY OF FORT WORTH STATE OF TEXAS By: ATTEST: I MARC A. OTTf MARTY HE DRIX Assistant City Manager City Secretary RECOMMENDED: Date: Qj Contract Authorization � ROIRFRY GOODE,P.E. �j Director,Transportation A uhlic Works Date APPROVED AS TO FORM: �i W' al- AMY RAYS Assistant ofty Attorney Interlocal Agreement Tarrant County&Fort Worth Page 5 of 5 . CITY 01-PER Py 11*F;6NTIJ"i� 72C ee vl: City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/9/2006 DATE: Tuesday, May 09, 2006 LOG NAME: 20HARLEY DEMO REFERENCE NO.: C-21448 SUBJECT: Authorize Execution of an Interlocal Agreement with Tarrant County for the Demolition of Structures and the Removal of Debris Located at 3409 Harley Avenue in the City of Fort Worth RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an Interlocal Agreement with Tarrant County for the demolition of structures and the removal of debris located at 3409 Harley Avenue to prepare the site for a parking lot to serve the Will Rogers complex. DISCUSSION: The Harley Avenue location was vacated in June 2005, when the staff and operations were moved to their new facility on James Avenue. Under the Interlocal Agreement, Tarrant County will provide the necessary equipment and labor for the demolition of structures and removal of debris located at 3409 Harley Avenue, as designated by the City of Fort Worth. The City of Fort Worth will pay for associated landfill costs estimated at $75,000. The City of Fort Worth will pay Tarrant County $5,000 as sufficient consideration for the use of Tarrant County equipment and labor. At a later date, an Interlocal Agreement will be presented to the City Council for the construction of a parking lot at this site. The Harley Avenue Center is located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the Street Improvement Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C200 539120 207230014374 $80,000.00 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: Robert Goode (7804) Additional Information Contact: George Behmanesh (7914) 0101](11 UL HMO Logname: 20HARLEY DEMO Page of 1