HomeMy WebLinkAboutContract 52302 CITY SECRETARY
CONTRACT NO. Sd 30a
MAYC ���b AGREEMENT FOR AWARD OF TRANSPORTATION DEVELOPMENT CREDITS
?Ojg BETWEEN
Ns�Rry THE REGIONAL TRANSPORTATION COUNCIL
The City of Fort Worth
This Agreement is entered into by and between the Regional Transportation Council ("RTC"), acting in
its capacity as policy body for the North Central Texas Council of Governments and the City of Fort
Worth. The purpose of this Agreement is to outline the roles and responsibilities of each party with
respect to Transportation Development Credits (TDCs) awarded for purposes of the projects outlined
in Attachment 1.
WHEREAS, the North Central Texas Council of Governments is designated as the
Metropolitan Planning Organization (MPO) for the Dallas-Fort Worth Metropolitan Area by the
Governor of Texas in accordance with federal law; and
WHEREAS, the Regional Transportation Council (RTC), comprised primarily of local elected
officials, is the regional transportation policy body associated with the North Central Texas Council of
Governments, and has been and continues to be the regional forum for cooperative decisions; and
WHEREAS, 23 U.S.C. §120 permits a state to use certain toll revenue expenditures, TDCs,
formerly called toll credits, as a credit toward the non-Federal share of all programs authorized by
Title 23, with the exception of emergency relief programs, and for transit programs authorized by Title
49, Chapter 53; and
WHEREAS, 43 Tex. Admin. Code §5.106 authorizes an MPO to award TDCs allocated to it by
the State and 43 Tex. Admin. Code §5.110 requires an agreement be entered into between the MPO
and entity awarded TDCs prior to and in order for those credits to be used; and
WHEREAS, the RTC awarded a total of 4,449,146 TDCs to the City of Fort Worth for the
projects listed in Attachment 1; and
WHEREAS, the City of Fort Worth desires to use the TDCs awarded to it in lieu of the required
local cash match for the federally funded transportation projects listed in Attachment 1.
NOW, THEREFORE, in consideration of these premises and of the mutual covenants
contained herein, NCTCOG and the City of Fort Worth agree as follows:
AGREEMENT
1. RTC has awarded 4,449,146 TDCs to the City of Fort Worth for use as described herein.
2. The City of Fort Worth agrees to utilize the TDCs for the projects identified and described
herein as match to certain federal grant funds totaling approximately $22,245,730.
3. Any unused TDCs shall be reallocated to other projects as solely determined by the RTC.
4. The City of Fort Worth will be required to execute separate funding agreements with a party
other than RTC and/or NCTCOG for the federal grant funds referenced above.
5. Neither Party may assign this Agreement in whole or in part, without first obtaining the written
consent of the other Party.
1
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
6. In the event any one or more of the provisions contained in this Agreement shall be for any
reason held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision(s) hereof, and this Agreement shall be
revised so as to cure such invalid, illegal, or unenforceable provision(s) to carry out as near as
possible the original intent of the Parties.
7. The Parties shall negotiate in good faith toward resolving any disputes that arise under this
Agreement, which shall be construed and enforced in accordance with the laws of the State of
Texas. Venue for any action under this Agreement shall lie exclusively in Tarrant County,
Texas.
8. This instrument constitutes the entire agreement of the Parties with respect to the matters
contemplated herein and supersedes all prior understandings and agreements regarding such
subject matter. This Agreement may be modified or amended only in writing, signed by all
Parties hereto.
9. The effective date of this Agreement is the date of last signature by the parties hereto.
Signed and Duly Executed by the Parties Below:
Susa lanis at Michael Morris, P.E. Date
A ant City Manager Staff Director
City of Fort Worth Regional Transportation Council
W
AP AND LEGALITY
Douglas W.Black,Sr.Assistant City Attornay -
J. Kayser, City Secre
10(1oll ,
OFFICIAL RECORD
2 CITY SECRETARY
FT WORTH,TX
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Soto, Vania Elizabeth
From: Fladager, Eric
Sent: Monday, May 13, 2019 1:23 PM
To: Soto, Vania Elizabeth; Black, Doug
Cc: Burghdoff, Dana
Subject: RE:TDC Projects ILA with NCTCOG
Vania:
You should have received two executed originals of a single ILA with NCTCOG. The ILA covers multiple projects. There
should be a page with a list of projects. As I said previously, I think the appropriate time to have project managers sign
the Contract Compliance Manager form would be when the Local Project Advance Funding Agreement (LPAFA) for each
separate project is circulated for signatures. The LPAFAs will be executed separately for each project. Thanks.
Eric
Eric Fladager, AICP, CNU-A
Planning Manager, Comprehensive Planning Section
Planning and Development Department
City of Fort Worth
200 Texas St.
Fort Worth, TX 76102
(817)392-8011
.eric.fladager@fortworthtexas.gov
Find City information by address with One Address: http://oneaddress.fortworthtexas.gov/
City of Fort Worth— Working together to build a strong community.
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!-How am I doing? Please email my supervisor: dana.burghdoff@fortworthtexas.gov
From:Soto, Vania Elizabeth
Sent: Monday, May 13, 2019 11:46 AM
To: Fladager, Eric<Eric.Fladager@fortworthtexas.gov>; Black, Doug<Douglas.Black@fortworthtexas.gov>
Cc: Burghdoff, Dana <Dana.Burghdoff@fortworthtexas.gov>
Subject: RE:TDC Projects ILA with NCTCOG
Well let me get with Mary about the multiple signature pages.I just know that David Cooke had asked for Contract
Compliance Manager signatures for every contract with the exception of some agreements that don't require it. But if
multiple people would be signing I need to find out what to do in this instance.
As for more ILA's, I have only received this one. I have not received any others.
Vania E. Soto
Administrative Assistant