HomeMy WebLinkAboutContract 39731CITY SECRETARY
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INTERLOCAL COOPERATION AGREEMENT
This INTERLOCAL COOPERATION AGREEMENT.("Agreement ") is entered into
by and between the CITY OF FORT WORTH ("City"), a home rule municipal corporation
organized under the laws of the State of Texas, and TRINITY RIVER VISION AUTHORITY
("TRVA"), a Texas nonprofit corporation.
RECITALS
The City and TRVA hereby agree that the following statements are true and correct and
constitute the basis upon which the City and TRVA have entered into this Agreement.
A. The Tarrant Regional Water District ("TRWD"), the City, and certain other
parties, including Tarrant County and the U.S. Army Corps of Engineers ("USACE"), are
currently engaged in the planning and implementation of a flood control project covering certain
lands in Fort Worth, Tarrant County, Texas, known as the "Trinity River Vision — Central City
Project," as amended and defined by the Final Supplement No. 1 to the Final Supplemental
Environmental Impact Statement dated March 6, 2008, prepared by the USACE-Fort Worth
District (the "Project").
B. Pursuant to the authority granted by House Bill 2639 of the 79th Texas
Legislature, the Board of Directors of TRWD authorized the creation of TRVA to act on behalf
of TRWD as TRWD's authority and instrumentality.
C. The Projectpublic works project intended to enhance water and flood control
of the Trinity River in Tarrant County, Texas, will facilitate water control, flood control and
storm and flood drainage, promote recreation, conserve and develop the natural resources of this
state, will control, store, preserve, develop and distribute storm and flood waters, and will serve
other public purposes.
D. TRWD has authorized TRVA, as the authority and instrumentality of TRWD, to
assist in the coordination, implementation, and management of the Project.
E. In furtherance of the efficient completion of the Project, the City and TRVA have
agreed to allocate and share certain governmental functions and services related to the Project
between and among the City and TRVA.
F. This Agreement is authorized by Chapter 791 of the Texas Government Code.
The performance of this Agreement by both the City and TRVA will be in the common interest
of both parties and will benefit the general public.
NOW, THEREFORE, in consideration of the mutual benefits and promises contained
herein and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the City and TRVA agree as follows.
1. INCORPORTION OF RECITALS.
The City and TRVA hereby find and agree that the recitals set forth above are trueand a
correct and form the basis upon which the City and TRVA have entered into this ���r���tRECtaRD
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CITY SECRETARY
FT. WORTHY TX
2. TERM.
A. The term of this Agreement shall be for a period of one (1) year commencing on
the date the last party executes this Agreement. Unless sooner terminated, this Agreement shall
automatically renew for successive one-year terms until the activities contemplated herein are
completed.
B. This Agreement may be terminated by either party upon ninety days (90) days
written notice to the other parry.
3. CONSTRUCTION ACTIVITIES.
A. The City and TRVA agree to facilitate the performance of the governmental
functions and services described in Exhibit "A" attached hereto and incorporated herein
(collectively,. the "Construction Activities").
B. The City shall independently serve as the contracting eniity for each of the
Construction Activities contemplated herein as specified in Exhibit "A" attached hereto. The
City, at its sole cost and expense and in its sole discretion, shall select contractors to perform the
Construction Activities according to the procedures prescribed by applicable law.
C. The existence of this Agreement shall not subject any Construction Activities
performed by the City to any competitive bidding requirements applicable to TRVA.
4. REIMBURSEMENT.
A. .TRVA agrees to reimburse the City in an amount not to exceed $55,286.00 for the
cost of the Construction Activities actually performed and funded by the City.
B. In order to receive a reimbursement for any Construction Activities, the City shall
provide TRVA with a written request for such reimbursement at the address set forth below
(each, a "Reimbursement Request"). Such statements shall (i) contain a certification by the City
that the Construction Activities for which reimbursement is requested have been completed, (ii)
set forth the dollar amount requested with respect to each Reimbursement Request, (iii). contain a
copy of the canceled check and/or any other documentation reasonably necessary to verify the
actual cost of the Construction Activities, and (iv) contain such other and further information as
TRVA may reasonably require.
CO
TRVA agrees to reimburse the City for each such Reimbursement Request within
thirty (30) days after receipt of same in proper form. The City and TRVA each agree to
reasonably cooperate with the other in resolving any issues pertaining to the description of
Construction Activities, and reimbursement therefor.
D. In the event that this Agreement is terminated prior to completion of all
Construction Activities and full reimbursement therefor (subject to Section 4.A), ,TRVA shall
reimburse the City for all Construction Activities undertaken through the effective date of such
termination. This provision shall survive termination of this Agreement.
E. Neither party to this Agreement shall be entitled to payment of, or reimbursement
for, its staff or internal costs incurred in connection with the activities contemplated herein or for
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legal services rendered in connection with the drafting, negotiation or approval of this
Agreement.
E. Any reimbursement or other payments made herein by TRVA to the City shall be
made from currently available revenues. TRVA hereby represents to the City that, as of the
commencement date of this Agreement, TRVA has appropriated sufficient revenues to fulfill its
obligations hereunder and will not expend such revenues for any other purpose.
5. INDEPENDENT CONTRACTOR,
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. NOTICES.
All written notices called for or required by this Agreement shall be addressed to the
following, or such other party or address as either party designates in writing, by certified mail,
postage prepaid, or by hand delivery with specific reference to this Agreement:
If to the City: City of Fort Worth
Attn: Randle Harwood
Director, Program Management Office
1000 Throckmorton St.
Fort Worth, TX 76102
With Copy to: City of Fort Worth
Attn: City Attorney
1000 Throckmorton St.
Fort Worth, TX 76102
If to TRVA: Trinity River Vision Authority
Attn: Executive Director
307 W. 7th St., Suite 100
Fort Worth, TX 76102
With Copy to: Lee F. Christie
Jared P. Harrell
Pope, Hardwicke, Christie, Schell, Kelly & Ray, L.L.P.
306 West 7th Street, Suite 901
Fort Worth, Texas 761024995
7. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS.
This Agreement will be subject to all applicable federal, state and local laws, ordinances,
rules and regulations, and the City's Charter.
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8. I VEVIUNITYe
It is expressly understood and agreed that, in the execution of this Agreement, neither of
the parties waives, nor shall be deemed hereby to waive, any immunity or defense that would
otherwise be available to it against claims arising in the exercise of governmental powers and
functions. By entering into this Agreement the parties do not intend to create any obligations,
expressed or implied, other than those set forth herein and this Agreement shall not create any
rights in parties not signatories hereto.
9. ASSIGNMENT.
Except as otherwise expressly provided herein, this Agreement is non -assignable, and
any unauthorized purported assignment or delegation of any duties hereunder, without the prior
written consent of the other party, shall be void and shall constitute a material breach of this
Agreement. .
10. AUTHORITY.
This Agreement is made between by the parties as an Interlocal Agreement pursuant to
Chapter 791 of the Government Code of Texas.
11. AUTHORIZATION.
The undersigned representatives of the parties hereto are properly authorized officials and
have the necessary authority to execute this Agreement on behalf of the parties hereto, and each
party hereby certifies to the other that any necessary actions extending such authority have been
duly passed and are now in full force and effect.
12. NO WAIVER
The failure of either party to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted hereunder shall not constitute a waiver of that parry's
right to insist upon appropriate performance or to assert any such right on any future occasion.
13. VENUE AND JURISDICTION.
If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of this Agreement, venue for such action shall lie in state courts located in Tarrant
County, Texas. This Agreement shall be construed in accordance with the laws of the State of
Texas.
14. NO THIRD PARTY RIGHTS.
The provisions and conditions of this Agreement are solely for the benefit of the City and
TRVA and are not intended to create any rights, contractual or otherwise, to any other person or
entity.
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15. INTERPRETATION.
In the event of any dispute over the meaning or application of any provision of this
Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more strongly
for or against any party, regardless of the actual drafter of this Agreement.
16. CAPTIONS.
Captions and headings used in this Agreement are for reference purposes only and shall
not be deemed a part of this Agreement.
17. ENTIRETY OF AGREEMENT.
This Agreement, including any exhibits attached hereto and any documents incorporated
herein by reference, contains the entire understanding and agreement between the City and
TRVA as to the matters contained herein. Any .prior or contemporaneous oral or written
agreement is hereby declared null and void to the extent in conflict with any provision of this
Agreement.
18. COUNTERPARTS.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on
their behalf by their duly authorized representative.
CITY:
By:
Name: Fifrncindo CostA..
Title: ASS/S�-an� CIfUiVla�laue/
Date: �6�0
APPROVED AS TO FORM/LEGALITY:
TRVA:
Date: I 0 1
Attested byo
Marty �endrri�;
P:\TRWD1Trinity River Vision\TRVAWuto Pound Inlcrlocal\TRVA-City Auto Pound Interlacal_v3_cln.doc
OFFICIAL RECORD
CITY SECRETARY
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FT. WORTH, TX
EXHIBIT A
Auto Impound:
Unanticipated Costs incurred due to Environmental Issues and USACE contracting needs
10°/a
Costs Contingency Total
Double towing (Meacham and Brennan) $15,500 $1,550 $17,050 TRVA reimburse City
(existing contract)
Temporary Fencing (at Meacham) $51000 $500 $5,500 TRVA reimburse City
(existing contract)
Temporary Lighting (at Meacham) $1,160
Remobilization of Electrical contractor $5,000
Addifional Canopy Lights $2,000
Reinstall Cyclone $21,600
$116 $1,276 TRVA reimburse City
(existing contract)
$500 $5,5Q0 TRVA reimburse City
(existing contract)
$200 $2,200 TRVA reimburse City
(existing contract)
$2,160 $23,760 TRVA reimburse City