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Home My WebLink AboutContract 33958 �.,A�-'RETARY NO. REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF FORT WORTH AND THE KELLER INDEPENDENT SCHOOL DISTRICT FOR AN INTERIM TRAFFIC CONGESTION MITIGATION PROGRAM This Agreement is entered into by and between the City of Fort Worth ("CITY"), acting by and through Dale Fisseler, its duly authorized Assistant City Manager, and Keller Independent School District ("KISD"), acting by and through David Farmer, President of its Board of Trustees, both of Tarrant County, State of Texas. CITY and KISD may be referred to herein individually as a party, or collectively as the parties. WHEREAS, new KISD schools opened at or near Keller Hicks and Alta Vista in the City of Fort Worth for the 2006 — 2007 KISD school year; and WHEREAS, as of the KISD school opening date, the construction of sidewalks and signalization to promote safe crossing and traffic mitigation at Keller Hicks and Alta Vista were not complete; and WHEREAS, the parties desire implementation of a temporary traffic mitigation program until the construction of sidewalks along the east of Alta Vista between Bray Birch and Keller Hicks, and the installation of a traffic control device at the intersection of Keller Hicks and Alta Vista (the "Improvements") have been completed; and WHEREAS, the parties agree that traffic congestion mitigation will result from the provision of a pay-per-ride bus service to the KISD students living less than two miles of and attending Trinity Meadows Intermediate, Trinity Springs Middle and Independence Elementary schools (the "Bus Service"); and WHEREAS, pursuant to an agreement with KISD, Durham School Services will provide the Bus Service and KISD will supply the fuel for the Bus Service from August 9, 2006 until the completion of the Improvements. Durham School Services will invoice KISD monthly for the Bus Service; and WHEREAS, pursuant to the terms of this Agreement, CITY will reimburse KISD for the Bus Service and the required fuel provided from August 21, 2006 until the completion of the Improvements or until such time that the cost of the Bus Service and required fuel totals $120,000.00, whichever occurs first; and WHEREAS, each party shall make payments from current revenues legally available to that party. NOW THEREFORE, CITY and KISD agree as follows: 1. Pursuant to an agreement with KISD, Durham School Services will provide the Bus Service. The Bus Service shall begin August 9, 2006. KISD agrees that the Bus Service will be free to the users from August 9 — 18, 2006. KISD will supply the fuel for the Bus Service. Durham School Services will invoice KISD monthly for the Bus Service provided. CFW/KISD �_H /�l En��On 8/18/06 Page 1 of 3 1Q(p1� tI`SI�?7Wp, `r After October 1, 2006, KISD will submit an invoice to CITY for the Bus Service and required fuel provided from August 21, 2006 until the completion of the Improvements or until such time that the cost of the Bus Service and the required fuel totals $120,000.00, whichever occurs first. 2. CITY will reimburse KISD for the Bus Service and the required fuel from August 21, 2006 until the completion of the Improvements or until such time that the cost of the Bus Service and fuel required total $120,000.00, whichever occurs first. In no event shall CITY's financial responsibility under this Agreement exceed $120,000.00. 3. Nothing in the performance of this Agreement shall impose any liability for claims against CITY or KISD other than claims for which the Texas Tort Claims Act may impose liability. 4. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. By entering into this Agreement, the parties do not intend to create any obligations expressed or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. 5. Nothing contained in this Agreement is intended by the parties to create a partnership or joint venture between the parties and any implication to the contrary is hereby expressly disavowed. It is understood and agreed that this Agreement does not create a joint enterprise, nor does it appoint any party as an agent of any other party, for any purpose whatsoever. 6. This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed and remains in force and effect until the completion of the subject matter contemplated herein or the expiration of one year, whichever occurs first. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) CFW/KISD �vJGu �V 1 8/18/06 Page 2 of 3RR��L1 EXECUTED this day of 1- 5 , 2006. ATTEST: KELLER ISD, David Farmer Board President AUTHORIZATION: APPROVED AS TO FORM AND LEGALITY: Thomas E. Myers Bracket& Ellis ATTEST: CITY OF FORT WORTH EL(A Marty Hendrix Dale Fisseler City Secretary Assistant City Manager AUTHORIZATION: APPROV D AS TO FORM AND JAS CP#259, 8/8/06 AVJ. am ey Assis nt Ci y Attorney CFW/KISD � p��,J 8/18/06 Page 3 of 3 CIT FO WO , TEXAS COUNCIL PROPOSAL Date: File Number: Subject:Approval of an Inter-Local Agreement between the City of Fort Worth and the Keller August 8, 259 Independent School District to subsidize the Pay-for-Ride School Bus System 2006 Proposed By: City Manager's Review. (L Page: Salvador Esono City Attorney's Review. PAGE 1 OF 2 It is proposed that the City Council authorize the initiation of an agreement with Keller Independent School District to provide free bus service for students within a two-mile radius of the new schools located near the intersection of Alta Vista and Keller Hicks roads until the installation of sidewalks and a signalization at the intersection are completed at a cost to not to exceed$120,000. DISCUSSION: The Council District 2 office has been working with Keller Independent School District on issues regarding transportation to and from KISD's new schools located near Keller Hicks and Alta Vista roads. Due to the road conditions, the amount of traffic and the absence of traffic control signals and sidewalks in the area, Keller ISD has elected to offer a new pay-per-ride bus service that will be available to those students attending these campuses who would otherwise be ineligible to ride the bus because they live within two-miles of the Trinity Meadows Intermediate, Trinity Springs Middle and Independence Elementary schools. The School District is planning to provide families with an opportunity to evaluate the service by providing the first eight days (August 9-18) free of charge. The current plan is to then charge families an applicable fee for the service after August 18. Because of the situation outlined above and the impact to City of Fort Worth citizens, the Council District 2 office has also been working with private sector entities to create a public-private partnership to help alleviate the transportation situation that exists at the location of the new schools and help offset the costs to those families impacted by the new bus service. The bus service is to run until safe pathways to the schools are available for area students and once a signalized intersection is available so that crossing guards may be employed. At this time the Transportation and Public Works department is working with Centurion American Development Group, a developer in the area, to expedite the completion of sidewalks along Alta Vista Road in the next few weeks, which will provide the safe pathways for students to use to and from the schools. It is also expected that signalization improvements at the intersection will be completed by the end of September, consequently a public-private partnership is being pursued to subsidize the cost of the bus service until the improvements outlined above are completed. ❑ LEGALITYI �IG��} rC'i;t`U 13 FISCAL NOTE ❑ CITY MANAGER'S COMMENTS ❑ CITY POLICIES MANUAL v5 %' � lz i'rilVo CIT FO WO , TEXAS COUNCIL PROPOSAL Date: File Number: Subject:Approval of an Inter-Local Agreement between the City of Fort Worth and the Keller August 8, 259 Independent School District to subsidize the Pay-for-Ride School Bus System 2006 Proposed By: City Manager's Review: Page: Salvador Espino City Attorney's Review: C PAGE 2 OF 2 It is proposed that the City of Fort Worth appropriate funds not to exceed $90,000 to be used in partnership with$30,000 in funds already pledged by Centurion American Development Group to subsidize the cost of the pay-per-ride bus service. It is expected that the total cost would not exceed $120,000.00 with additional opportunities to reduce the City's participation by obtaining other private sector donations and/or further expediting the implementation of the required infrastructure. The approval of this Council Proposal would direct staff to initiate the process of negotiating an agreement with Keller ISD to cover the costs associated with the pay-per-ride bus service until such time as adequate infrastructure is available for students to safely get to school. LEGALITY: The Department of Law will assist in negotiations with Keller ISD to develop a program that it is within the authority of the City Council as a short-term traffic congestion mitigation program. FISCAL NOTE: The Finance Director certifies that the approval of this Council Proposal will require the appropriation of additional funds. Funds for this expenditure will be included in the City Manager's FY 2006-07 Proposed Budget. CITY MANAGER'S COMMENT: PROPOSED BY: Salvador Es Pino Kathleen Hicks Councilmember Mayor Pro Tem PROVED C3 LEGALITY ('( �j N, I! �fVl�9 �i1� El FISCAL NOTE ❑ CITY MANAGER'S COMMENTS ❑ CITY POLICIES MANUAL City secretary of the City of Fort Worth,Texas