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Home My WebLink AboutContract 35735 r CITY SECRETARY CONTRACT NO. STATE OF TEXAS § § Interlocal Agreement COUNTY OF TARRANT § This Agreement ("Agreement') is entered into between Tarrant County, Texas, hereinafter referred to as COUNTY, and City of Fort Worth, hereinafter referred to as CITY, and collectively referred to as the parties, for the purpose of funding a needed parking lot construction project within the boundaries of both parties which the Commissioners Court: finds serves a public purpose and serves the public welfare of the citizens of Tarrant County. The COUNTY and the CITY make the following findings of fact: 1. This Agreement is made pursuant to Chapter 791 of the Texas Government Code, known as the INTERLOCAL COOPERATION ACT; 2. To the extent necessary the parties will use current revenues to pay obligations in this Agreement; 3. The project benefits the public in that it is a needed parking lot construction project, and the improvement thereof is in the common interest of both parties; 4. The COUNTY and the CITY each has the legal authority to perform its obligations in this Agreement; and 5. The division of costs provided in this Agreement constitutes adequate consideration to each party. I. PROJECT DESCRIPTION This project in undertaken in order to facilitate the financing and construction of the parking lot modifications at 3401 W. Lancaster Street, Fort Worth, Texas, hereinafter referred to as the""project."The project shall include, but not be limited to, excavation and removal of 700 cubic yards of dirt, and installation of approximately 1,829 square yards of 2" asphalt paving. The COUNTY agrees to furnish all labor, equipment, and flag persons necessary for the project. Interlocal Agreement Parkin Lot Modifications @,J p 1 �' '" 1 � ��,; .Page 1 I II. SCOPE OF SERVICES PROVIDED BY CITY The services to be provided by the CITY shall include the following: 1. All costs or other necessary materials for the project, or pay the same provided by the COUNTY as set forth in Section IV below; 2. CITY will furnish plan specifications and engineering drawings for the project; and 3. CITY will issue to COUNTY a notice to proceed with the project. III. TERM This Agreement shall become effective on the date last signed by all parties, and shall terminate automatically upon happening of either of the following events: 1. The completion of the project provided for herein; or 2. Any party provides the other with thirty (30) days written notice of termination. IV. COST CITY will pay $6,000.00 for sufficient consideration for COUNTY'S equipment, materials and manpower usage. CIIY'S total contribution under this Agreement shall not exceed Six Thousand Dollars ($6,000.00). V. AGENCY-INDEPENDENT CONTRACTOR Neither COUNTY nor any employee thereof is an agent of CITY and neither CITY nor any employee thereof is an agent of COUNTY. This agreement does not and shall not be construed to entitle either party or any of their respective employees, if applicable, to any benefit, privilege or other amenities of employment by the other party. VI. ASSIGNMENT Neither party may assign, in whole nor in part, any interest it may have in this Interlocal Agreement Parking Lot Modifications Page 2 Agreement without the prior written consent of the other party. VII. THIRD PARTY BENEFICIARY EXCLUDED No person other than a party to this Agreement may bring a cause of action pursuant to this Agreement as a third party beneficiary. This Agreement may not be interpreted to waive the sovereign immunity of any party to this Agreement to the extent such party may have immunity under Texas law. VIII. AUDIT OF RECORDS Both parry's records regarding this project shall be subject to audit by the other party during the term of this Agreement and for two years after the completion of the project. The auditing party will give the other party reasonable written notice of any intended audits. IX. ENTIRE AGREEMENT This Agreement represents the entire understanding of and between the parties and supersedes all prior representations. This Agreement may not be varied orally, but must be amended by written document of subsequent date duly executed by these parties. This Agreement shall be governed by the laws of the State of Texas and venue for any action under this Agreement shall be in the district courts of Tarrant County, Texas. X. LIABILITY COUNTY shall be, at all times, responsible for the actions of its employees, officers and agents in fulfilling the terms of this Agreement. CITY shall be, at all times, responsible for the actions of its employees, officers and agents in fulfilling the terms of this Agreement. COUNTY will be liable for only those claims under which liability is imposed on it by the Texas Tort Claims Act. CITY agrees to liable for only those claims under which liability is imposed it by the Texas Tort Claims Act. XI. NOTICE Any notice or other writing required by this Agreement,shall be deemed given when personally delivered or mailed by certified or registered United States mail, return-receipt, postage prepaid, addressed as follows: Interlocal Agreement Parking Lot Modifications Page 3 COUNTY: CITY: County Administrator Director of Public Events Tarrant County City of Fort Worth 100 E Weatherford St 1000 Throckmorton St. Fort Worth, Texas 76196 Fort Worth, Texas 76102 (Remainder of Page Left Intentionally Blank) Interlocal Agreement Parking Lot Modifications Page 4 EXEC D N M LT PLE ORIGINALS AND APPROVED on this day the �J/ day of , 20n,, by Tarrant County. Commissioners Court Order No. TARRANT COUNTY CITY OF FO ORTH: STATE OF TEXAS: B. GLEN WHITLEY JOE IA� tanagerCounJu Assi d 1.6 J H NON Commissioner Pct. 4 APPROVED AS TO FORM AND LEGALITY- ATTEST: % ASSISTA CITY ATTORNEY C UNTIjCLERK ATTEST: APPROVED A FO MARTY H04DRIX ASSISTANT Ed6tRICT ATTORNEY* City Secretary Contract Authorization: M&C:C=ZQA Z Approved: " RECO-"- E- DED: KIRK N. SLAUGHTER Director, Public Events *By law, the District Attorney(s Office may only advise or approve agreements or legal documents on behalf of its clients. It may not advise or approve an agreement 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). Page 5 Interlocal Agreement Parking Lot Modifications City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved As Amended on 8/9/2007 DATE: Thursday, August 09, 2007 LOG NAME: 25CASAFENCE REFERENCE NO.: **C-22292 SUBJECT: Authorize Execution of an Interlocal Agreement with Tarrant County for Parking Lot Modifications Related to the Construction of a Fence Along the Border of Casa Manana and the Will Rogers Complex RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an Interlocal Agreement with Tarrant County for parking lot modifications related to the construction of a fence along the border of Casa Manana and the Will Rogers complex for an estimated cost of$6,000. DISCUSSION: The Southwestern Exposition and Stock Show has proposed to replace the chain link fence that separates the Casa Manana property from the Will Rogers complex a wrought iron and concrete fence to match the existing fence on Lancaster Street and along the west side of the Casa Manana parking lot. It is recommended that the fence line be modified in order to continue along the existing curb line and to install the fence on a level surface instead of a sloped area. The parking lot modifications included in the Interlocal Agreement involve the leveling of the surface and installation of asphalt over the affected area. Under the Interlocal Agreement for the parking lot modifications, Tarrant County will provide the necessary labor and equipment for the modifications to the parking lot located west of Casa Manana in accordance with the attached diagram. The City of Fort Worth will pay Tarrant County $6,000 as sufficient consideration for the use of Tarrant County equipment and labor. The City's total contribution for this project is estimated to be $6,000. The project 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 General Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GG01 539120 0251000 $2,000.00 Submitted for City Manager's Office by: Joe Paniagua (6575) Originating Department Head: Kirk Slaughter (2501) Additional Information Contact: Betty Tanner (2502) Logname: 25CASAFENCE Page 1 of 1 Wrought iron "ro Concrete Fence Z, Beginning at the southernmost portion of the existing E) EXISTING I/V IRON ROD wrought iron and concrete fence and following the curb line along the new boundary line as Indicated and ending NEW BOUNDARY LINE at the northwest comer of the Casa Manana Rehearsal Hall. EXISTING BOUNDARY LINE NEW BOUNDARY LINE I to EXISTING BOUNDARY LINE NEW BOUNDARY LINE 26.W 5 3kS'%' \: EXISTING BOUNDARY LINE 'S NB4 BOUNDARY LINE Casa Mariana Rehearsal Hall EXISTING BOUNDARY UWE WM- OMSMS AM TO BALK OF CUM Mahnfeld architects Hoffer planners V 0 SURford interiors CASA MANANA BOUNDARY lomamp� rbrtwornr TMMM04 8172M.60M SCAM V=W JULY%2M ft9817.,%=A3M