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HomeMy WebLinkAboutContract 43425-A1 (2)CITY SECRETARY CONTRACTW3.1I39»T-11 AMENDMENT NO. 1 INTERLOCAL COOPERATION AGREEMENT (CITY SECRETARY CONTRACT NO. 43425) (TIF Financing of Trinity River Vision — Central City Project) TRWD Funding of Franchise Utility Relocations and Other City of Fort Worth TRV Work • This AMENDMENT NO. 1 TO INTERLOCAL COOPERATION AGREEMENT (CITY SECRETARY CONTRACT NO. 43425) ("Amendment") is entered into between and between the CITY OF FORT WORTH ("City"), a home rule municipal corporation organized under the laws of the State of Texas, and TARRANT REGIONAL WATER DISTRICT ("TRW])"), a water control and improvement district organized under the laws of the State of Texas. Each of the City and TRWD is sometimes hereinafter referred to as a "Party" or collectively as the "Parties". RECITALS The Parties hereby agree that the following statements are true and correct and constitute the basis upon which they have entered into this Amendment: A. TRWD and certain other parties, including the City, 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 the City 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 Fort Worth District of USACE (the "TRV Project"). B. The Parties previously entered into that certain Interlocal Cooperation Agreement dated as of July 20, 2012, a public document on file in the City Secretary's Office as City Secretary Contract No. 43425 (the "Agreement"), pursuant to which TRWD agreed to provide certain funding for franchise utility relocations undertaken or contracted for by the City in connection with the TRV Project, with the understanding that TRWD would be entitled to reimbursement of such funding pursuant to and in accordance with that certain Project Cost Funding Agreement dated on or about September 29, 2010 between TRWD and the Board of Directors of Tax Increment Reinvestment Zone Number Nine, City of Fort Worth, Texas (generally known as the "Trinity River Vision TIF") (the "TIF Agreement"). C. In addition to the franchise utility relocations described in the Agreement, the City wishes to undertake or contract for certain work in the future comprising portions of the TRV Project that are eligible for Trinity River Vi-s�i_on<_F__funding OFFICIALRECoR�Page 1 Amendment No. 1 to Interlocal Agreement between City of Fort Worth and Tarrant Regi ®n�� �r Secretary Contract No. 43425 ETARY (City Secr y ) iRICEIVED LJLC 1 2 2013 pursuant to the Trinity River Vision TIF project plan, generally consisting of but not limited to, water and sanitary sewer relocations, bridge and roadway improvements,,, and landscaping and lighting improvements, all of which are related to the TRV Project (the "City TRV-Related Work"). TRWD is willing to provide the City with certain funding for the City TRV Related Work. Accordingly, the Parties wish to amend the Agreement in order to allow TRWD to provide the City with funding for the City TRV-,R,elated Work pursuant to and in accordance with the same process as that set forth in the Agreement for franchise utility relocations, with the understanding that TRW D will also be entitled to reimbursement of one hundred percent (100%) of 'Its funding for the City TRV-Related Work pursuant to and in accordance with the T Agreement. 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 Parties agree as follows.- AGREEMENT 1. The Parties hereby find and agree that the recitals set forth above are true and 1 0 1 correct and form the basis upon which n the, Parties have entered into this Amendment. 2. The definition of "Project Work"' under the Agreement is hereby amended to 6, include the City T'RV-Related Work by ending the first sentence of Recital E of the Agreement, as follows-,, The City wishes to undertake or contract for certain work comprising a portion of the TRV Project that is eligible for TIF funding pursuant to the IF Pro 0 ect Plan, generally consisting of franchise utility relocations as well as but not limited to, water and sanitary sewer relocations, bridge and roadway improvements, and landscaping and lighting 'improvements, all of which are related to the TRV Project (the "Project Work"'). 3, All terms in this Amendment that are capitalized but not defined shall have the meanings ascribed to them in the Agreement. 4, All terms and conditions of the Agreement that are not expressly amended pursuant to this Amendment shall remain in full force and effect. EXECUTED as of the last date 'indicated below: Page 2 Amendment No. I to Inter local,Agreement between City of Fort Worth and Tarrant Regional Water District (city Secretary Contract No.43425) CITY OF FORT WORTH: By: 5tia*z Fernando Costa Assistant City Manager Date: /2�!///3 APPROVED AS TO FORM/LEGALITY: By: 7fL&n:?b, Peter Vaky Deputy City Attorney • M&C: C — 26570 ile--/9-13 by: )- wit Ronald P. Gonzales, Ant. City TARRANT REGIONAL WATER DISTRICT: By: James M. Oliver General Manager Date: /d2P-19-0i5 11©111-1,- rict),--q0 I n$ f-7. I\ 111 1. `\/ „J�1� Viro n Page 3 Amendment No. 1 to Interlocal Agreement between City of Fort Worth and Tarrant Regional Water District (City Secretary Contract No. 43425) M&C Review Page 1 of 2 0 OIL ZAGIHIIMA COUNCIL ACTION: Approved on 11/19/2013 DATE: 11/19/2013 REFERENCE NO.: CODE: SUBJECT: C TYPE: C-26570 Official site of the City of Fort Worth, Texas Fo RT \%O R T 11 06TRWD TIF LOG NAME: AGREEMENT AMENDMENT NO. 1 NON- PUBLIC CONSENT HEARING: NO Authorize Execution of Amendment No. 1 to Interlocal Agreement with Tarrant Regional Water District for Project Costs Related to the Trinity River Vision -Central City Project so as to Provide for Tarrant Regional Water District Funding of Certain Infrastructure Improvements (COUNCIL DISTRICTS 2 and 9) RECOMMENDATION: It is recommended that the City Council authorize the execution of Amendment No. 1 to the Interlocal Agreement with the Tarrant Regional Water District (City Secretary Contract No. 43425) pursuant to which Tarrant Regional Water District will fund certain financial obligations of the City for work associated with the Trinity River Vision —Central City Project. DISCUSSION: On July 17, 2012, (M&C C-25743) the City Council authorized execution of an Interlocal Agreement (City Secretary Contract No. 43425) with Tarrant Regional Water District (TRWD) pursuant to which TRWD has agreed to fund certain contractual obligations of the City for various electric, gas and telecommunications utility relocation work associated with street and bridge construction projects connected with the Trinity River Vision -Central City Project. TRWD is eligible to be reimbursed for any such funding under the terms of a Project Cost Funding Agreement between TRWD and the Board of Directors of Tax Increment Reinvestment Zone Number Nine, City of Fort Worth, Texas (Trinity River Vision TIF). The City and TRWD now wish to amend the Interlocal Agreement to allow TRWD to fund additional contractual obligations of the City associated with the Trinity River Vision -Central City Project, including, but not limited to, water and sanitary sewer relocations, bridge and roadway improvements, and landscaping and lighting improvements. Per the existing terms of the Interlocal Agreement, the City will provide TRWD with plans and specifications for any work that the City wishes TRWD to fund. With TRWD's advance approval, the City will then directly contract for this work, and TRWD will pay or reimburse the City for such work as invoices are received. The City will be responsible for notifying TRWD of project work completion, and TRWD reserves the right to inspect the project work. TRWD will continue to be entitled to reimbursement from TIF Funds of 100 percent of the TRWD funding pursuant to the Project Cost Funding Agreement between TRWD and the Board of Directors of the Trinity River Vision TIF. This project is located in COUNCIL DISTRICTS 2 and 9, Mapsco 62U and will benefit ALL COUNCIL DISTRICTS FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. http://apps.cfwnet.org/council packet/mc_review.asp?ID=19187&councildate=11 /19/2013 11 /20/2013 M&C Review TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for Citv Manaaer's Office bv: Fernando Costa (6122) Oriainatina Department Head: Randle Harwood (6101) Additional Information Contact: Mark Rauscher (2446) ATTACHMENTS Page 2 of 2 http://apps.cfwnet.org/council_packet/mc_review.asp?ID=1 91 87&councildate=1 1/19/2013 11/20/2013