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HomeMy WebLinkAboutContract 41615 (2)IiIII�: SI A III, OF TEXAS COUNTY OF TARRANT KNOW Y ALL CITY SECRETARY CONTRACT No. '-i 11, \� V 11 HE s II PRESENTS IIN A IKRLOCAL AGREEMENT This Agreement is made and entered into this obi day of /Medi 2011, by and between the County of Tarrant ("County") and the City of Fort Worth, a home -rule municipal corporation ("City"), both of Tarrant County, State of Texas, witnesseth: WHEREAS, this Agreement is made under the authority of Sections 791.001 791.029, Texas Government Code; and WHEREAS, each governing body, 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 performance of this Agreement is in the common interest of both parties, that the undertaking will benefit the public and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and WHEREAS, each governing body agrees to the division of costs and responsibilities as described below. NOW THEREFORE, the County and the City agree as follows: 1. The County, at its sole cost and expense, agrees to furnish all labor and equipment necessary for the construction and surfacing of approximately 54,000 square feet of City parking lot at the City of Fort Worth Auto Pound located in the City of Fort Worth ("Project"). This includes removal of 5,100 square yards of vegetation, excavation and removal of 3,500 tons of excavated material, 6"lime stabilization subgrade , 6" of flex base and 5" H.M.A.C. overlay. The value of this labor is agreed to be $153,926.00. In addition, Tarrant County's construction of the Medical Examiner's Office required the temporary closure of City sidewalks, traffic lanes and parking meters resulting in fees of $90,313.00. Also, Tarrant County's construction of the Tarrant County Civil Courts Building will result in additional fees for closures of sidewalks, traffic lanes, and parking meters. However, the City will allow the County a credit toward those fees for the County's provision of labor & equipment for the Project, which is agreed to be $153,926.00. AFFMAL RECORD CITY SECRETARY 2. FT. WORTH, TX • • City agrees to purchase materials for the Project in an amount not to exceed $121,726.00 and provide those to the County, for the Project. 3. City will provide oversight and management of the design process for the Project. 4. County shall notify the City about completion of the Project within thirty (30) days of completion to schedule a final inspection of the Project. 5. City shall notify the County of any complaints within 30 days of the final inspection conducted with the County. 6. Upon completion of the Project by County and acceptance of the improvements by City, City shall be responsible for maintenance of same. 7. Nothing in the performance of this Agreement shall impose any liability for claims against County or City other than claims for which liability may be imposed by the Texas Tort Claims Act. 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. 8. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. City agrees that County is relying upon City for notice to proceed with this Project, but County shall not be required to perform this Agreement within any time hmit. 9. 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 By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. 10. 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 Interlocal Agreement Tarrant County & City of Ft Worth Page 2 of 5 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. 11. Neither party may assign, in whole nor in part, any interest it may have in this Agreement without the prior written consent of the other party. 12. 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. 13. 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: 14. This Agreement becomes effective when signed by the last party whose signing makes the agreement fully executed and remains in force and effect until the completion and acceptance of the Project unless otherwise terminated. County: County Administrator Tarrant County 100 E Weatherford St Fort Worth, Texas 76196 ATTEST: COUNTY saebbhlooder), Opeepw -712,4400A ca),&oa AU`I'iTORIZATION, DATE Interlocal Agreement Tarrant County & City of Ft Worth Page 3 of 5 City: City Manager City of Fort Worth 1000 Throckmorton St. Fort Worth, Texas 76102 COUNTY OF TARRANT cnaJ COUNTY JUDGE COMMISSIONER, PRECINCT FOUR J.D.JOHN SON *APPROVED AS TO FQ ASSISTANTSTRICT ATTORNEY *By law, the District Attorney's 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 attorney(s). CITY OF FORT WORTH "-2seonsaj FERNANDO COSTA ASSISTAl\T CITY MANAGER RECOMMENDED BY: MARK RAUSCHER PROGRAM MANAGEMENT OFFICE APPROVED AS TO FORM ,acces• MARCIA E. WISE ASSISTANT CITY ATTORNEY 0(\ MARTY HENbRIX Interlocal Agreement Tarrant County & City of Ft Worth Page 4 of 5 OFFICIAL RECORD CITY SECRETARY ,tt14- The FT. WORTH, TX 1!ZO. % 0 YO A Oso.ei °°ri 40 o r •00, 4,4 o n �� CITY SECRETARY ATTEST AUTHORIZATION: DATE 3 ' `754" ao kk Interlocal Agreement Tarrant County & City of Ft Worth Page 5 of 5 OFFICIAL- RECORD CITY SECRETARY FT. WORTH, TX M&C Review Page 1 of 2 CITY COUNCIL AGEND/1/4 Official site of the City of Fort Worth, Texas FORT WoRTI I COUNCIL ACTION: Approved on 3/8/2011 o Ordinance No. 19574=03=2011 ©AT : 3/8/2011 REFERF'NCE NO.: **C-24764 LOG NAME: --n3/4440r-- 06AUTO POUND INTERLOCAL AGREEMENT CODE: C TYPE: CONSENT PUBLIC NO HEARING: SURJEC T : Authorize the City Manager to Execute an Interlocal Agreement with Tarrant County for the Expansion of the City's Auto Pound Facility on Brennan Avenue, Including City Participation Not to Exceed $121,726.00 for Material Cost Reimbursement, and Adopt Appropriation Ordinance (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council : 1. Authorize the transfer of $121,726.00 from the General Fund to the Specially Funded Capital Projects Fund; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund by $121,726.00 from available funds; and 3. Authorize the City Manager to execute an Interlocal Agreement with Tarrant County with City participation not to exceed $121,726.00 for material cost reimbursement related to the expansion of the auto pound facility at the former Brennan Avenue Service Center. DISCUSSION: On February 23, 2010, in M&C C- 24106, two future projects of the City and the County were presented to the City Council. One was the County's construction of the new Tarrant County Medical Examiner's Office, which required closures of sidewalks and traffic lanes. City fees charged for those closures would be $90,313.00. The second project was the expansion of the City's Auto Pound that had recently been relocated to Brennan Avenue. The expansion is needed to restore facility infrastructure to allow the Auto Pound to improve operating efficiency and enable future growth. The City was to cover the cost of materials for that work and the County would furnish the labor and equipment. The council approved that M&C requesting authorization to credit the in -kind labor provided by the County on the Auto Pound project to the fees that were charged for the Medical Examiner's Office. An Interlocal Agreement memorializing the work by the City and the County was to be provided in the future. A third project, the Tarrant County Civil Courts Building, which was recently announced and is to be completed by 2014, is currently being discussed by the City and the County. That construction will also result in City fees for the closures of sidewalks and traffic lanes. Those fees have not been estimated at this time. This M&C seeks City Council authorization for the City Manager to execute the Interlocal Agreement with the current scope of work on the Auto Pound and the application of additional credits for labor and equipment provided by the County toward the fees owed by the County to the City. This Interlocal Agreement may be amended from time to time as the scope of work changes. The City will fund the cost of materials not to exceed $121,726.00 and the County will furnish all labor and equipment at a cost of $153,926.00 for the construction and asphalt surfacing of approximately 54,000 square feet of parking lot at the Auto Pound. The $153,926.00 value of the County's labor and http://apps.cfwnet.org/council packet/mc_review.asp?ID=13392&councildate=3/8/2011 3/24/2011 M&C Review Page 2 of 2 equipment on the City's Auto Pound will be credited against the City fees of $90,313.00 on the Tarrant County Medical Examiner's Office, and the remaining value of $63,613.00 will be credited against the City fees to be charged for the closure of sidewalks and traffic lanes during the future construction of the Tarrant County Civil Courts Building. Funding for the materials related to this project will be provided by the Police Auto Pound Operating Budget. This project is located in COUNCIL DISTRICT 2, Mapsco 63J and serves the entire City. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund, and in the capital budget, as appropriated, of the Specially Funded Capital Projects fund. TO Fund/AccountlCenters C291 472001 201090141180 $121,726.00 C291 523010 201090141180 $121,726.00 Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers 0001 538070 0357201 $121,726.00 C291 523010 201090141180 $121,726.00 Fernando Costa (6122) Randle Harwood (6101) Jeff W. Halstead (4210) Mark Rauscher (2446) Monique Lee (4221) ATTACHMENTS 06AUTO POUND INTERLOCAL AGREEMENT AO.doc 06Auto Pound Interlocal Agreement.doc Auto Pound M&C_.County_MapFeb 2011.ppt http://apps.cfwnet.org/council packet/mc_review.asp?ID=13 3 92&councildate 3/8/2011 3/24/2011