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HomeMy WebLinkAboutContract 36828 CITY SECRETARY CONTRACT NO. y INTERLOCAL AGREEMENT BETWEEN THE CITY OF FORT WORTH and THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS This INTERLOCAL AGREEMENT is made and entered into by and between the CITY of FORT WORTH, a home rule municipal corporation of the State of Texas, located within Tarrant, Denton, Parker, and Wise Counties, Texas (hereinafter referred to as the "CITY") and the NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS, a quasi-governmental entity based in Tarrant County, Texas (hereinafter referred to as the "NCTCOG"). RECITALS The City and NCTCOG hereby agree that the following statements are true and correct and constitute the basis upon which the City and NCTCOG have entered into this Agreement. WHEREAS, this Agreement is made under the authority granted by and pursuant to Chapter 791 of the Texas Government Code; WHEREAS, the City Council of Fort Worth and the North Central Texas Council of Governments by consensus agree that a joint Availability and Disparity Study will be highly beneficial to the taxpayers and residents of the City; WHEREAS, the City of Fort Worth desires to participate and join with other local governments in a cooperative interlocal agreement ("Agreement") for the purpose of fulfilling and implementing their respective public and governmental purposes, needs, objectives, programs, functions and services; WHEREAS, the NCTCOG has available expertise and equipment to assist local governments in coordinating the Request for Proposal (RF ) process for a joint Availability and Disparity Study (A&D); WHEREAS, the City desires to conduct a new A&D study; WHEREAS, the City recognizes cost reduction benefits associated with a joint study; Page I of7U, °" 'rUW9 uGl 03-20-08 A10:57 IN 02-29-08 P02:30 IN WHEREAS, the City wishes to participate in a joint study with (list of participating entities); WHEREAS, on February 5, 2008 the City Council authorized the City Manager to enter into an interlocal agreement with the North Central Texas Council of Governments, M&C G-16036 ; WHEREAS, each governing body finds that the performance of this Agreement is in the common interest of both parties and that the division of costs fairly compensates the performing party for the services or functions under this agreement; NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: SECTION 1 PURPOSE The purpose of this Agreement is to enable a multi-party A&D study to be conducted for the entities listed above. Specifically, the A&D study will determine the availability and current use of minority and women-owned business enterprises in the marketplace. Representatives from the individual entities will form a Consortium to monitor the consultant's work product. SECTION 2 OBLIGATIONS OF PARTIES The City will: 1. Designate a senior executive who will serve on the Consortium and coordinate with the NCTCOG single point of contact; 2. Provide the consultant with entity specific information for the study and will do so in a timely manner; 3. Coordinate, schedule, advertise and hold a public hearing and produce an official transcript; 4. Fund the prorated share of common tasks and administrative costs even if it chooses not to adopt the final report; �..�.SCC��D, Page 2 of 8 4. Fund the prorated share of common tasks and administrative costs even if it chooses not to adopt the final report; 5. Hold harmless all other joint participants. The NCTCOG will: 1. Centralize and coordinate the RFP process for the joint study; 2. Provide project coordination services for the RFP process; 3. Coordinate consultant services for the RFP process and retain the project manager to oversee the performance of that study for each of the participating entities; 4. Coordinate RFP development, issuance, and responses; 5. Coordinate presentation from each RFP responder, along with site visits, if required; 6. Facilitate the selection process with the consortium to determine the most cost effective proposal; 7. Evaluate and make recommendations for the project management structure; 8. Administer the contract; 9. Assume no financial responsibility for the project. SECTION 2 FUNDING Payment by the City. The City agrees to pay NCTCOG the City's proportionate share of 1) administrative fees, 2) consultant costs, and 3) project management in an amount not to exceed $195,007, Current Revenues. Pursuant to section 791.011 of the Interlocal Cooperation Act, each party paying for performance of governmental functions or services must make those payments from current revenues available to the paying party. Payments will be due within 30 days from receipts of invoice. Page 3 of 7 SECTION 3 NOTICES Any notice provided for or permitted under this Agreement shall be made in writing and may be given or served by (i) delivering the same in person to the party to be notified, or (ii) depositing the same in the mail, postage prepaid, certified with return receipt requested, and addressed to the party to be notified, or (iii) sending by telecopy, with a copy thereof sent by registered mail on the same day. If notice is deposited in the mail pursuant to (ii) or (iii) of this Section 3, it will be effective upon receipt or refusal. For the purpose of notice, the addresses of the parties are, until changed as provided below, as follows: C tv: City of Fort Worth William Johnson 808 Throckmorton Street, Lower Level Fort Worth TX 76102 With Copy to: Charlene Sanders Assistant City Attorney 1000 Throckmorton Street Fort Worth TX 76102 NCTCOG: Donna Steward North Central Texas Council of Governments 616 Six Flags Drive Centerpoint Two Arlington, Texas 76011 The parties may from time to time change their respective addresses, and each shall have the right to specify as its address any other address upon at least ten days written notice to the other party. Page 4 of 7 SECTION 4 FORCE MAJEURE It is expressly understood and agreed by the parties to this Agreement that if the performance of any obligation hereunder is delayed by reason of war; civil commotion; acts of God; inclement weather; governmental restrictions, regulations, or interferences; fires; strikes; lockouts, national disasters; riots; material or labor restrictions; transportation problems; or any other circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such tasks or financial obligations shall be extended for a period of time equal to the period such party was delayed. SECTION 5 NONDISCRIMINATION The City and NCTCOG agree that in the execution, performance, or attempted performance of this agreement, they will not discriminate against any person or persons because of race, age, gender, religion, color, sexual orientation, national origin, or disability. SECTION 6 WAIVER OF DEFAULT No waiver by the parties hereto of any default or breach or the failure to insist upon the performance of any term, condition, provisions or covenant of this Agreement shall be deemed to be a waiver or relinquishment to any extent of any other breach of the same or any other term, condition, provision, or covenant contained herein or the right of the parties to assert or rely upon any such term. SECTION 7 APPLICABLE LAW This contract shall be construed in accordance with the laws of the State of Texas. Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance or non-performance of this contract and agreement, venue for said action shall lie in Tarrant County, Texas or the Federal Court of the Northern District of the State of Texas. Page 5 of 7 SECTION 8 SOLE AGREEMENT This written instrument constitutes the entire agreement by the parties hereto concerning the work and services to be performed and any prior or contemporaneous, oral or written agreement, which purports to vary from the terms hereof, shall be void. SECTION 9 SUCCESSORS AND ASSIGNS The City and NCTCOG shall not assign or otherwise transfer its rights and obligations under this agreement except with prior written consent of the other party, and any prohibited assignment or transfer shall be null and void. SECTION 10 AMENDMENT No amendment, modification or alteration of the terms hereof shall be binding unless the same is in writing, dated subsequent to the date hereof and duly executed by the parties hereto. SECTION 11 PARTIES BOUND This Agreement shall be binding upon the successors and assigns of both parties in like manner as upon the original parties. SECTION 12 SEVERABILITY OF PROVISIONS If any of the provisions contained in this Agreement shall be held, for any reason, to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability, shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. SECTION 13 SECTION HEADINGS The headings in this Agreement are inserted for reference only, and shall not define or limit the provisions hereof. Page 6 of 7 SECTION 14 SIGNATURE AUTHORITY The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed duplicate counterparts of the Agreement and any attachments and exhibits this _�'=' day of JtC;,\21_ , 2008. CITY OF FORT WORTH NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS By: By 4L-.e C. IAJdl City rManager �sisr� v7 ATTEST: ATTEST: By: 2s�� By: City Secretary APPROVED AS TO FORM APPROVED AS TO FORM AND LEGALITY: AND LEGALITY: By: a, �C' _ By: _ Assistant City Attorney NCTC ' Atto ey Contract Authorization Wt�) Date Page 7 of 7 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2/5/2008 DATE: Tuesday, February 05, 2008 LOG NAME: 17NCTCOG REFERENCE NO.: G-16036 SUBJECT: Authorize Execution of Interlocal Agreement with the North Central Texas Council of Governments to Participate in a Minority and Women Business Enterprise Availability and Disparity Study RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute an Interlocal Agreement with the North Central Texas Council of Governments to participate in an Availability and Disparity Study, substantially in accordance with the attached draft agreement; and 2. Authorize the City Manager to pay North Central Texas Council of Governments the City's pro-rata share of the cost of the Study and associated administrative fees in the amount of$195,007. DISCUSSION: The U.S. Supreme Court decision, J.A. Croson Company v. City of Richmond, VA (1989), created the need for the City to periodically validate its Minority and Women Business Enterprise (M/WBE) Ordinance by undertaking an Availability and Disparity Study. In an effort to reduce the cost of such a Study, the City and five other public entities created a consortium and requested North Central Texas Council of Governments (NCTCOG) to manage the Study. The participating entities are the City of Arlington, Dallas/Fort Worth International Airport, Fort Worth Independent School District, Fort Worth Transportation Authority, North Texas Tollway Authority and the City of Fort Worth. NCTCOG issued a Request for Proposals (RFP) and managed the selection process. On December 20, 2007, NCTCOG's governing body approved a contract with Mason Tillman & Associates to conduct the Study for the consortium. City staff from the Economic and Community Development Department and the City Attorney's Office participated in the RFP and consultant selection process. NCTCOG will continue to manage the contract with Mason Tillman & Associates with the assistance of the consortium committee comprised of members from each participating entity. Public hearings will be conducted as part of the Study, one by the City of Fort Worth, and each entity will receive a personalized report upon completion of the Study. The cost requested above includes the City's share of NCTCOG's administrative fees, Project Manager fees and the Consultant fees. All funds were approved in the FY 2007-2008 budget. Mason Tillman &Associates has committed to a 30 percent M/WBE goal in its proposal. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current Economic and Community Logname: 17NCTCOG Page 1 of 2 Development Department's operating budget of the general fund. TO Fund/Account/Centers FROM Fund/Account/Centers GG01 539120 0175000 $195,007.00 Submitted for City Manager's Office by: Dale Fisseler (6140) Originating Department Head: Tom Higgins (6192) Additional Information Contact: Sundra Davis (6124) Lognatne: 17NCTCOG Page 2 of 2