The URL can be used to link to this page

Home My WebLink AboutContract 40829Walgney-Robertson Interlocal Agreement Page 1 of 4 CITY SECRETARY THE STATE OF TEXAS CONTRACT NO,.,- OQ5� COUNTY OF TARRANT KNOW ALL BY THESE PRESENTS INTERLOCAL AGREEMENT This Agreement is made and entered into this gr day of, ��, 2010, by and between the County of Tarrant, acting herein by and through its governing body, the Commissioners Court, hereinafter referred to as COUNTY and THE CITY OF FORT WORTH, TEXAS, acting by and through Fernando Costa, its duly authorized Assistant City Manager, hereinafter referred to as CITY, both of Tarrant County, State of Texas, witnesseth: WHEREAS, this Agreement is made under the authority granted by and pursuant - to Chapter 791 of the Texas Government Code; and WHEREAS, the COUNTY and CITY, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the project is necessary for the benefit of the public and that each party has the legal authority to build or maintain the project or to provide such service, and the construction and improvement thereof is in the common interest of both parties hereto; and that the division of costs provided for constitutes adequate consideration to each party; said project being more particularly described as: • Installation of a school flasher on Wagley Robertson Road adjacent to the Nance Elementary School. WHEREAS, the parties hereto, in order to facilitate the financing and construction of the needed facility, and in order to share the costs of having said work to be done, have agreed to share in the financing of said construction as hereinafter stated in detail. For and in consideration of the mutual undertaking hereinafter set forth and for adequate consideration given, the parties agree as follows: 1. SCOPE 1. The CITY will determine if a flasher is needed. �FFIC�A�, �FG�RF F!)RT WORTH, T'.. Walgney-Robertson Interlocal Agreement Page 2 of 4 2. The CITY will prepare flasher design plans, specifications and estimates if a flasher is warranted. 3. The CITY agrees to provide all labor and equipment necessary to install the school flasher at the beginning and ending of the school zones for Nance Elementary School on Wagley-Robertson Road, 4. The COUNTY will reimburse the CITY 100% of the construction costs, in an amount not to exceed $25,000. The COUNTY will provide reimbursement to the CITY within sixty (60) days of receiving an invoice showing completion of the work from the CITY: 5. The CITY will be responsible for installation and all future maintenance of the flashers. 2. NO AGENCY 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. 3. ASSIGNMENT either party may assign, in whole nor in n part, any interest it may have in this Agreement without the prior written consent of the other party. 4. 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. Walgney-Robertson Interlocal Agreement Page 3 of 4 5. ENTIRE AGREEMENT This Agreement represents the entire understanding of and between the parties and superseded 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. 6. TERM & TERMINATION This Agreement shall be for a term of 2 years or until the completion of the improvements contemplated herein, whichever occurs first. This Agreement shall terminate automatically upon the completion of the improvements provided for herein. Alternatively, this Agreement may be terminated by either party by providing written notice to the other party at least thirty (30) days prior to the intended date of termination. 7. NOTICES 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: COUNTY: County Administrator Tarrant County 100 E Weatherford St Fort Worth, Texas 76196 CITY: City Manager City of Fort.Worth 1000 Throckmorton St. Fort Worth, Texas 76102 ATTEST: Walgney-Robertson Interlocal Agreement Page 4 of 4 CITY OF FORT WORTH lYlUl l�' 11 V111i11A 11�111Q11UV VVJLQ City Secretary Assistant City Manager Date: I a�l 1 10 Authorization: ATTEST: *APPROVED AS ASSIST TRICT ATTORNEY APPROVED AS TO FORM AND LEGALITY: Amy J. R sey Assistant City Attorney COUNTY OF TARRANT B. Glen Whitley County Judge Commissioner, Precinct Three *By law, the District Attorneys Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contracts 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 attomey(s). 6 Y CITY i='.EC E N d 5u itI TO: Mark Mathis, Transportation and Public Works Department FROM: Allison Tidwell, City Secretary's Office DATE: August 2, 2010 SUBJECT: INTERLOCAL AGREEMENT FOR REIMBURSEMENT $25,000.00 TO CITY FOR COSTS OF NEW SCHOOL ZONE WARNING FLASHERS ON WAGLEY ROBERTSON ROAD (M&C C-24369) These documents are being forwarded to you for original signatures from Tarrant County. All signed copies of the contract must be returned with original signatures for final processing. Failure to return the documents will delay the final processing of the contract. Once we have received all of the documents, we will assign a contract number. Thank you in advance for your cooperation. If you have any questions, please call me at 817-392-6090. Attached: 4 sets M&C Review Page 1 of 2 CITY COUNCIL AGENDA Official site of the City of Fort Worth, Texas FORT IVORTII COUNCIL ACTION: Approved on 7/27/2010 -Ord. No. 19247-07-2010 DATE: 7/27/2010 REFERENCE C-24369 LOG 20WAGLEYROBERTSONFLASHER NO.: NAME. CODE: C TYPE; NOW PUBLIC NO CONSENT HEARING: SUBJECT: Authorize the Execution of an Interlocal Agreement with Tarrant County for its Reimbursement in an Amount Up to $25,000.00 to the City for the Costs of New School Zone Warning Flashers on Wagley Robertson Road and Adopt an Appropriation Ordinance (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute an Interlocal Agreement with Tarrant County for its reimbursement in an amount up to $25,000.00 to the City for the costs of new school zone warning flashers on Wagley Robertson Road; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the 2007 Critical Capital Projects Fund in the amount of $25,000.00 from available funds. DISCUSSION: Tarrant County received a request for a reduced speed school zone next to Nance Elementary School on Wagley Robertson Rd. The roadway is currently just outside our corporate boundaries but is within the ETJ. Nance Elementary School is within Fort Worth corporate limits. In order to provide safety for children attending Nance Elementary School, TPW has agreed to enter into an agreement to install and maintain the warning flashers. Through the agreement, Tarrant County agrees to reimburse the City for the construction cost up to $25,000.00. The Transportation and Public Works Department will operate and maintain the warning flashers. This project is located near COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the 2007 Critical Capital Projects Fund. The Transportation and Public Works Department is responsible for the collection and deposit of funds due the City under this agreement. TO Fund/Account/Centers 2)C295 511010 201730155180 2)C295 522030 201730155180 2) C295 451970 201730155180 $12,500.00 $12,500.00 $25,000,00 Submitted for City Manager's Office bv: FROM Fund/Account/Centers http://apps.cfwnet.org/council.packet/mc_review.asp?ID=13820&councildate=7/27/2010 7/28/2010 M&C Review Page 2 of 2 Originating Department Head: Additional Information Contact: ATTACHMENTS 20WAGLEYROBERTSONFLASH ER.doc NANCE ELEM SCHOOL FLASHER ILA 2.pdf Fernando Costa (6122) William verkest (7801) Mark Mathis (7861) http://apps.cfwnet.org/council�acket/mc_review.asp?ID=13 820&councildate=7/27/2010 7/28/2010