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Home My WebLink AboutContract 51981 CITY SECRETARY CONTRACT NO._ 51981 INTERLOCAL AGREEMENT Between THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS And CITY OF FORT WORTH, TEXAS Cooperating Technical Partners FY 18 Flood Risk Project for Marys Creek This Interlocal Agreement ("Agreement"), is made and entered into by and between the North Central Texas Council of Governments ("NCTCOG") and the City of Fort Worth (the "City"). NCTCOG and the City may each be referred to as a "Party", and may be collectively referred to as "Parties"to this Agreement. WHEREAS, pursuant to the Interlocal Cooperation Act, Chapter 791, Texas Government Code, (the "Act"), cities, counties, special districts and other legally constituted political subdivisions of the State of Texas are authorized to enter into interlocal contracts and agreements with each other regarding governmental functions and services as set forth in the Act; and, WHEREAS, the Parties to this Agreement recognize that the Marys Creek HUC-12 Watershed (the 'Watershed") is a unique regional resource in the heart of a growing region; and, WHEREAS, local governments and other community organizations are responsible for the overall health, safety, and welfare of their residents and thus must take the lead as stewards of the watershed; and, WHEREAS, the actions of upstream and downstream communities within the Watershed directly affect each other; and, WHEREAS, NCTCOG was awarded Federal Emergency Management Agency (FEMA) funding through the Cooperating Technical Partner (CTP) program to support development of technical resources for its member governments; and, WHEREAS, the City and additional stakeholders Parker County, Tarrant County, City of Benbrook, and Tarrant Regional Water District (the "Stakeholders") have identified the Watershed as a watershed in need of additional mapping products and technical resources to improve local government decision-making; and, WHEREAS, NCTCOG, as a FEMA CTP, on behalf of the Stakeholders procured a qualified contractor to provide technical resources and products for the Stakeholders under the CTP FISCAL YEAR 2018 PROJECT (the "Project"); and, WHEREAS, the City will provide local cash match in an amount not to exceed $18,688.00 to support the overall $491,750 federally funded Project; and, WHEREAS, the Parties to this Agreement will cooperate to meet FEMA federal funding requirements of the CTP program, provide needed resources to the contractor, and produce hydrologic and hydraulic technical products desired by the Stakeholders for the Project; and, t RECEIVED - �- FEB 2 8 2019C'!OAL RECORD terlocal Agreement CITY CIN Y SECRETARYFORTWOR CTP-2018-02 City of Fort Worth � �� ►�Y i ��T_ WORTH,TX L_ WHEREAS, the City is a participating member of the National Flood Insurance Program and recognizes the importance of accurate floodplain mapping and other tools to assist in making sound development decisions; and, WHEREAS, the Parties to this Agreement understand that entering into this Agreement in no way obligates any Party to implement any portion of the Project, and that separate agreements may be negotiated and executed; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: 1. Definitions For purposes of this Agreement CTP FISCAL YEAR (FY) 2018 FLOOD RISK PROJECT: The plan that will provide the framework to develop the hydrologic and hydraulic technical data for Marys Creek, as detailed in Exhibit A— Mapping Activity Statement No. 16. MARYS CREEK: The total 17.5 miles of stream included in the CTP Fiscal Year 2018 PROJECT, as shown in Exhibit B. MARYS CREEK HUC-12 WATERSHED (HUC-12, 120301020307): The area of Parker County and Tarrant County in which all land drains to Marys Creek. The Watershed is roughly equally contained within both Parker County and Tarrant County and continues in a general southeastern direction until terminating at the confluence of the Clear Fork Trinity River and Marys Creek. 2. Purpose This Agreement defines the terms and conditions for the Project. Project activities include developing hydrologic and hydraulic technical data to delineate the Marys Creek 100-year floodplain in Parker County and Tarrant County. 3. Duties 3.1 NCTCOG and/or NCTCOG's consultant(s) will perform the tasks identified in Exhibit A — Mapping Activity Statement No. 18. 3.2 NCTCOG will designate a project manager to work directly with the City and consultant(s) to complete the project. 3.3 The City will designate a project manager to work directly with NCTCOG to coordinate schedules, review milestones and deliverables, facilitate interaction with the various departments of the municipality, elected officials, and key stakeholders. 3.4 NCTCOG will serve as the contract manager and procurement administrator for this Project. Interlocal Agreement Page 2 CTP-2018-02 City of Fort Worth 3.5 The NCTCOG project manager will oversee the consultant(s), and will coordinate with the City regarding meetings, schedules, deliverables, and other key project milestones and events. Quarterly progress reports will be provided to the City upon request. Communication with the consultant(s) will be coordinated through the NCTCOG project manager. 4. Funding 4.1 The total cost to the City for this Agreement is $18,688.00. This includes the anticipated consultant expenses for completion of duties defined in Exhibit A - Mapping Activity Statement No. 18. 4.2 The City shall provide a check payable to NCTCOG in the amount specified in Article 4.1. Issuance of a Notice to Proceed to the consultant is contingent on receipt of funds from the City, or as otherwise mutually agreed. 4.3 Each party paying for services under this Agreement must make those payments from current revenues available to the paying party. This Agreement and all claims, suits, or obligations arising under or related to this Agreement are subject to and limited by the receipt and availability of funds which are received from the funding agencies by NCTCOG dedicated for the purposes of this Agreement. 5. Term 5.1 This Agreement shall take effect on the date the last Party signs and shall remain in effect until September 30, 2020, unless terminated earlier as provided herein. 5.2 Either Party may terminate this Agreement by giving 30 days written notice to the other Party. The Parties may terminate this Agreement at any time by mutual written concurrence. 6. Modification, Waiver and Severability 6.1 This Agreement and any exhibits, which may be attached, constitute the entire agreement among the Parties. No waiver or modification of this Agreement shall be valid unless in writing and signed by both Parties. Failure of the Parties to enforce or insist upon compliance with any of the terms and conditions of this Agreement shall not constitute a waiver or relinquishment of any such terms and conditions. 6.2 In the event that any one, or more, of the provisions of this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 6.3 This Agreement may be executed in any number of counterparts, each of which shall be deemed an original. Interlocal Agreement Page 3 CTP-2018-02 City of Fort Worth IN WITNESS HEREOF, the Parties have executed this Agreement in duplicate originals on the day of 2018. City of Fort Worth North Central Texas Council of over nt Sign to e Si nature R. Michael Eastland Executive Director Susan Alanis 6, AN`&ak-1 E0.AVaA,� Printed Name Printed Name Assistant City Manager X-ei. hV'� l7;✓�C �'� Title Title Date Date APPROVED AS TO FORM AND LEGALITY Z-('uglas W.Black,Sr.Assistant City Attomq MAX- %" oF-F zl Attested by: Mary it. Kayk( CiSCretary Interlocal Agreement 0MCIAUS RO CTP-2018-02 City of Fort Worth CITY SECRETARY FT. WORTH,TX I' 1 i 1p' , t00 Lo *`+ cu ti 1 ,r �� l�♦ter � . 1.` � • 00 �* � , • •1 ;, 1 1 1 LL LL dl dl cn 1� 1 • t e\ � •�, +►+ [13 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. 1. Clair C.Davis Name of Employee/Signature Engineering Manager Title This form is N/A as No City Funds are associated with this Contract Printed Name Signature L AL RECORLECRETARI�ORTH,T�(