HomeMy WebLinkAboutContract 43288 (2)L \-a52‘11
CITY SECRETARY
CONTRACT NO.,. ��Z
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 the COUNTY
OF TARRANT ("County"), a county organized under the laws of the State of Texas.
RECITALS
The City and County hereby agree that the following statements are true and
correct and constitute the basis upon which the City and County have entered into this
Agreement:
A. The City and County have worked with Tarrant Regional Water District
and the U.S. Army Corps of Engineers as well as other governmental entities and
agencies to develop what is generally referred to as the "Trinity River Vision". Among
the numerous capital projects associated with the Trinity River Vision are the
construction of new bridges across the Trinity River at Henderson Street, North Main
Street and White Settlement Road, which also involves utility relocation and site
development work (collectively, the "Project").
B. The City is responsible for construction of the Project. The County
provided $2 million toward the Project in FY 2009, $1.5 million in FY 2010, $1.5 million
in FY 2011, and is willing to provide another $1.5 million in cash to the City for the
Project (the "County Contribution"), as more specifically set forth in this Agreement.
C. The performance of this Agreement by both the City and County will be in
the common interest of both parties and will benefit the general public.
D. This Agreement is authorized by Sections 791.001 through 791.029 of the
Texas Government Code.
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 the County agree as follows:
04-02-1 2 A0 9 : 4 7 IN
Page 1
Interlocal Agreement between City of Fort Worth and Tarrant County (2012)
Related tQ Trinity Upt2wrt,Brie. and Related Public Infrastructure
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
AGREEMENT
1. INCORPORTION OF RECITALS.
The City and County hereby find and agree that the recitals set forth above are
true and correct and form the basis upon which the City and the County have entered into
this Agreement
2. TERM.
The term of this Agreement shall commence on the later date as of which the City
and the County have executed this Agreement (the "Effective Date") and, unless
terminated earlier in accordance with this Agreement, shall expire on September 30,
2012; provided, however, that this Agreement shall automatically renew for successive
terms of one (1) year each, commencing October 1 of a given year and expiring
September 30 of the following year, unless either party provides the other with written
notice of its intent to not renew the Agreement for another annual term and such written
notice is received by the other party not later than August 1 of the year of such expiration
Notwithstanding anything to the contrary herein, this Agreement shall expire on the date
as of which the City has received the County Contribution in its entirety.
3. CONSTRUCTION OF PROJECT.
3.1. Notification to County: Review of Plans by County.
The City will construct the Project in phases, which will be subject to
receipt of or provision for sufficient City funding to complete a given phase as
well as all terms and conditions of any federal or state grants utilized or
earmarked for a given phase. Once the City is prepared to move forward with
construction of a particular phase of the Project and the City wishes to use all or
any portion of the County Contribution to pay for such phase of the Project, the
City will provide notice to the County and, if the City has not already previously
done so, a copy of all plans and specifications for such phase. The County will
have fifteen (15) calendar days to review and comment on such plans and
specifications. If the County reasonably objects to any such plans and
specifications, the County shall notify the City in writing within fifteen (15)
calendar days of receipt, and the City and the County will promptly meet
thereafter and in good faith endeavor to resolve such objection. If resolution
cannot be achieved the City will not be permitted to use any of the County
Contribution to fund that portion of the Project to which the County reasonably
objects. If the County does not provide the City with written notice of objection
to any plans and specifications submitted to the County, such plans and
specifications will be deemed approved by the County.
Page 2
Interlocal Agreement between City of Fort Worth and Tarrant County (2012)
Related to Trinity Uptown Bridges and Related Public Infrastructure
3.2. Disbursement of County Contribution to City.
The City will be entitled to receive the County Contribution either in the
form of a reimbursement after the City has paid for work on the Project or as a
direct draw in order to pay an invoice for work completed on the Project (each, a
' Disbursement"). The City will not request a Disbursement from the County
more than once per month during the term of this Agreement When the City
wishes to receive a Disbursement, the City shall submit to the County a written
notice (a "Disbursement Notice") signed by the City Manager or an authorized
representative of the City Manager a written notice that states (i) the specific work
on the Project that has been completed; (ii) if the Disbursement is to reimburse the
City, the amount of money paid by the City for such work, together with invoices
from the contractors that undertook such work and sufficient documentation to
verify payment by the City, or if the Disbursement is to pay a contractor's
invoice, a copy of such invoices and sufficient documentation to verify
completion of such work by the contractor; and (iii) the City's calculation of the
estimated cost to complete the phase of the Project in question (the `Estimated
Cost to Complete"). Upon receipt of a Disbursement Notice from the City, the
County shall have seven (7) calendar days to notify the City in writing of any
objection that the County may have as to the amount of Disbursement requested
by the City or as to the City's calculation of the Estimated Cost to Complete. The
grounds for any such objection shall be limited, respectively, to a good faith
determination by the County that the amount of the Disbursement requested
exceeds the cost of work completed or that the Estimated Cost to Complete
exceeds the cost or scope of work necessary to complete the Project phase in
question In the event that the County files with the City a timely notice of
objection, the City and County shall promptly meet and in good faith reconcile the
objection. Provided that the County has no objection to the Disbursement Notice
or that any such objection has been reconciled in accordance with this Section 3 2,
the County will pay the City the Disbursement amount requested by the City with
twenty (20) calendar days following receipt of the Disbursement Notice.
3.3. Compliance with Applicable Laws; M/WBE Goal.
All work on phases of the Project funded, in whole or in part, with the
County Contribution shall be undertaken in accordance with all applicable
federal, state and local laws, ordinances, rules and regulations, including, but not
limited to, all laws governing the bidding and construction of public works by
Texas home -rule municipalities In addition, the City shall establish as a goal that
at least twenty-five percent (25%) of all costs for such work are awarded to
minority -owned or woman -owned businesses in accordance with the terms and
conditions of the City's M/WBE Ordinance (Ordinance No. 15530).
Page 3
Interlocal Agreement between City of Fort Worth and Tarrant County (2012)
Related to Trinity Uptown Bridges and Related Public Infrastructure
4. 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.
5. LIABILITY.
Nothing in the performance of this Agreement shall impose any liability for
claims against the City or the County other than claims for which liability may be
imposed by the Texas Tort Claims Act.
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:
City:
Attn: Trinity River Vision Director
City Manager's Office
1000 Throckmorton
Fort Worth, TX 76102
with a copy to:
Attn: City Attorney
City Attorney's Office
1000 Throckmorton
Fort Worth, TX 76102
County:
Attn: County Administrator
Tarrant County Administration Building
100 E Weatherford Street
Fort Worth, TX 76196
with a copy to:
Attn: Chief, Civil Division
District Attorney s Office
401 West Belknap
Fort Worth, TX 76196
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, including, but not limited to, all provisions of the
City's Charter and ordinances, as amended.
Page 4
Interlocal Agreement between City of Fort Worth and Tarrant County (2012)
Related to Trinity Uptown Bridges and Related Public Infrastructure
8. 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 party's right to insist upon appropriate performance or to assert any such right on
any future occasion.
9. 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.
10. NO THIRD PARTY RIGHTS.
The provisions and conditions of this Agreement are solely for the benefit of the
City and County and are not intended to create any rights, contractual or otherwise, to
any other person or entity.
11. FORCE MAJEURE.
It is expressly understood and agreed by the parties to this Agreement that if the
performance of any obligations hereunder is delayed by reason of war, civil commotion,
acts of God, inclement weather, governmental restrictions, regulations, or interferences,
or delays caused by unforeseen construction or site issues, fire or other casualty, court
injunction, necessary condemnation proceedings, acts of the other party, its
affiliates/related entities and/or their contractors, or any actions or inactions of third
parties or 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
("Force Majeure"), the party so obligated or permitted shall be excused from doing or
performing the same during such period of Force Majeure, so that the time period
applicable to such performance shall be extended for a period of time equal to the period
such party was delayed due to the event of Force Majeure.
Page 5
Interlocal Agreement between City of Fort Worth and Tarrant County (2012)
Related to Trinity Uptown Bridges and Related Public Infrastructure
12. 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.
13. CAPTIONS.
Captions and headings used in this Agreement are for reference purposes only and
shall not be deemed a part of this Agreement.
14. 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 County 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.
15. 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.
EXECUTED as of the last date indicated below:
CITY OF FORT WORTH: COUNTY OF TARRANT:
By: �� Ct--, By:
Fernando Costa Glen Whitley
Assistant City Manager County Judge
Date: 3/22/12
II
Date:
Page 6
Interlocal Agreement between City of Fort Worth and Tarrant County (2012)
Related to Trinity Uptown Bridges and Related Public Infrastructure
„p S. 4 W q
0
ac) •SA,
000U.,
dcy
J.D./Johnson Peeze
Commissioner, Precinct Four
APPROVED AS TO FORM/LEGALITY: APPROVED AS 0 FORM:
By ifey(ei?.
Peter Vaky
Assistant City Attorney
M&C: G-17546 3/20/12
By:
Name:
Assista District 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 contract or legal
document on behalf of other parties. Our view 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).
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 7
Interlocal Agreement between City of Fort Worth and Tarrant County (2012)
Related to Trinity Uptown Bridges and Related Public Infrastructure
STATE OF TEXAS
COUNTY OF TARRANT
CERTIFICATION OF FUNDS IN THE AMOUNT OF $ 1 co 0. OWW ser
/ /
Date: 4-\Lciri-.
COUNTY AUDITOR
M&C Review
Page 1 of 2
DATE:
COUNCIL ACTION: Approved on 3/20/2012
3/20/2012 REFERENCE
NO.:
CODE: G
TYPE
G-17546
NON -
CONSENT
LOG NAME:
PUBLIC
HEARING:
Official site of the City of Fort Worth, Texas
FORT WORTH!
06FY 2012 TARRANT
COUNTY REIMBURSEMENT
NO
SUBJECT: Authorize Execution of Interlocal Agreement with Tarrant County for Reimbursement in the
Amount of $1,500,000.00 to the City for Tarrant County Cost Participation Related to the
Trinity River Vision -Central City Project (COUNCIL DISTRICTS 2 and 9)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an Interlocal
Agreement with Tarrant County for reimbursement in the amount of $1,500,000 00 to the City for
Tarrant County cost participation related to the Trinity River Vision -Central City Project.
DISCUSSION:
Tarrant County has committed to fund a portion of bridges, roads and other public infrastructure
associated with the Trinity River Vision -Central City Project (the Project) in an amount not to exceed
$11 million. In 2009 pursuant to an Interlocal Agreement between the City and the County (City
Secretary Contract No. 38037, M&C C-23170), the County provided $2 million in funding to the City
as a reimbursement for costs incurred for the Project. On September 14, 2010, another Interlocal
Agreement between the City and the County (City Secretary Contract No. 40903, M&C G-17042) was
approved that resulted in the County providing the City with a reimbursement of $1 5 million for costs
incurred by the Project. A similar Interlocal Agreement was again approved on April 19 2011, (City
Secretary Contract No. 42023, M&C C-24876) resulting in an additional reimbursement of $1.5
million. Under the proposed Interlocal Agreement, total funding from the County to the City for the
project will equal $6.5 million.
Terms of the Interlocal Agreement include the following:
1. The City is responsible for construction of the Project;
2. The term commences upon execution and is renewable on an annual basis until the committed
funds are disbursed;
3. The funds may be disbursed on a reimbursement basis or as the source of a direct payment for a
current invoice; and
4. All contracts associated with the County participation will conform to the City's M/WBE ordinance
and have a M/WBE participation goal of at least 25 percent.
The Project is located in COUNCIL DISTRICTS 2 and 9 and will benefit the entire City.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that the Program Management Office is
responsible for the collection and deposit of funds due the City under this Agreement.
TO Fund/Account/Centers FROM Fund/Account/Centers
http://apps.cfwnet.org/council_packet/mc review.asp?ID=16572&councildate=3/20/2012 9/10/2012
M&C Review Page 2 of 2
FE72 451970 0062317001000 $1,5001000.00
Submitted for Citv Manager's Office bv: Fernando Costa (6122)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Mark Rauscher (2446)
ATTACHMENTS
http://apps.cfwnet.org/council packet/mc review.asp9ID=16572&councildate=3/20/2012 9/10/2012