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Home My WebLink AboutContract 45492 (2)O .rr-� RA �T �3�,f r.tl\r_ s THE STATE OF TEXAS COUNTY OF TARRANT INTERLOCAL AGREEMENT BACKGROUND This Interlocal Agreement is between County of Tarrant ("COUNTY"), and the City of Fort Worth ("CITY"); Sections 791.001 — 791.029 of the Texas Government Code provide legal authority for this Agreement; During the performance of the governmental functions and the payment for the performance of those governmental functions the parties will make the performance and payment from current revenues legally available to that party; and The Commissioners Court of the COUNTY and the City Council of the CITY each find: a. This Agreement serves the common interest of both parties; b. This Agreement will benefit the public; c. The division of costs fairly compensates both parties to this Agreement; and d. The CITY and COUNTY have authorized their representative to sign this Agreement. The Parties therefore agree as follows: TERMS AND CONDITIONS 1. COUNTY RESPONSIBILITY COUNTY will furnish the labor and equipment necessary to prepare the subgrade for building slab and parking area. 1.1 The project is identified as subgrade preparations for a building slab and parking area of approximately 50,000 square feet and grade work on property site of approximately 359,000 square feet; more specifically: The Mounted Patrol Facility located at 1900 Las Vegas Trail. 1.2 COUNTY agrees, in compliance with the plans and specifications provided to COUNTY for the project, to strip and stockpile on site top soil and vegetative materials; rough grade site and compact existing subgrade to required densities; fill and come __ . .--e_- o 1 RECELVEU APR 10 2014 RECORD MTV SECRETARY j t,� paving and building slab subgrade elevations with select fill materials to required densities; and fill remainder of site with common fill materials to final grades 2. CITY RESPONSIBILITY CITY, through its License Agreement with the Citizens Support Group for the Fort Worth Mounted Patrol will: 2.1 furnish all materials for the project and pay trucking charges. 2.2 furnish a site for dumping waste materials generated during this project in close proximity to the job site. 2.3 furnish all rights of way, plan specifications and engineering drawings. 2.4 furnish necessary traffic controls including Type A barricades to redirect traffic flow to alternate lanes during the construction phase of the project. 2.5 provide temporary driving lane markings 2.6 (If a Storm Water Pollution Prevention Plan is required) will be responsible for the design and development of the Plan; and will pay for all cost (including subcontractor materials labor and equipment) associated with the implementation and maintenance of the Plan. 2.7 pay a flat rate of $100.00 per day to cover the cost of equipment and man-hours. 3. PROCEDURES DURING PROJECT COUNTY retains the right to inspect and reject all materials provided for this project. If the CITY has a complaint regarding the construction of the project, the CITY must complain in writing to the COUNTY within 30 days of project completion. Upon expiration of 30 days after project completion, the CITY becomes responsible for maintenance of the project. 4. NO WAIVER OF IMMUNITY This agreement does not waive COUNTY rights under a legal theory of sovereign immunity This agreement does not waive CITY rights under a legal theory of sovereign immunity. 5. OPTIONAL SERVICES 5.1 If requested by CITY, the COUNTY may apply permanent striping; 5.2 If necessary, COUNTY may furnish flag persons; 2 5.3 If required the CITY, through its License Agreement with the Citizens Support Group for the Fort Worth Mounted Patrol, will pay for engineering services storm water run-off plans, and continuation of services and plan; 5.4 If a Storm Water Prevention Plan is provided by CITY, COUNTY will be responsible for the implementation and maintenance of the Plan during the duration of the project. 6. TIME PERIOD FOR COMPLETION CITY, through its License Agreement with the Citizens Support Group for the Fort Worth Mounted Patrol, will give the COUNTY notice to proceed at the appropriate time. However, COUNTY is under no duty to commence construction at any particular time. 7. THIRD PARTY The parties do not enter into this agreement to protect any specific third party The intent of this agreement excludes the idea of a suit by a third part beneficiary. The parties to this agreement do not consent to the waiver of sovereign immunity under Texas law to the extent any party may have immunity under Texas law 8. JOINT VENTURE & AGENCY The relationship between the parties to this agreement does not create a partnership or joint venture between the parties This agreement does not appoint any party as agent for the other party. 3 9. EFFECTIVE DATE This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed. COUNTY OF TARRANT COUNTY JUDGE Date: /1/ CONffMI SIO PRECINCT FOUR J.D. JOHNSON Attest: Oetibte OiCMgrvi .1)52 p APPROVED AS TO FORM* ASSISTANT DISTRICT ATTORNEY CITY OFORT WORTH grrat- THORIZED CITY OFFICIAL Date: 0*-. OA. /IL Attest: Mai-'t �.t,,er, H Se APPROVED AS TO FORM AND`` LEGALITY goo 0 ASSISTANT CITY ATTORNEY * By law, the District Attorney's Office may only approve contracts for its clients. We reviewed this document from our client's legal perspective. Other parties may not rely on this approval. Instead those parties should seek contract review from independent counsel. 4 M&C Review U CIL COUNCIL ACTION: Approved on 4/1/2014 Page 1 of 2 Official site of the City of Fort Worth, Texas FORT WORTII DATE: 4/1/2014 REFERENCE NO.: **C-26741 LOG NAME' 35MPEF-ILA CODE C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Authorize Execution of Interlocal Agreement with Tarrant County for Site Preparation Work at the Mounted Patrol Equestrian Facility Project (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of an Interlocal Agreement with Tarrant County for site preparation work at the Mounted Patrol Equestrian Facility Project, including subgrade preparations, stripping and stockpiling on site top soil and vegetative materials rough grading and other miscellaneous site preparation work as required DISCUSSION: On October 23, 2012 (M&C L-15459) the City Council approved the use of approximately 10 acres of West Park for construction of equestrian facilities for the Fort Worth Police Department. The proposed project is needed to replace the existing facility used by the Mounted Patrol Unit in the near northside/Stockyards area. The existing facility is more than 25 years old, lacks restroom and locker room facilities and has inadequate storage and office areas. Since this facility was originally built, the size of the Mounted Patrol Unit has more than doubled, and although temporary stalls were added to house the additional animals the current site does not provide sufficient exercise or turn -out areas for the animals Construction of a new larger facility at West Park will allow the Police Department to correct all of these deficiencies. During 2013, the Citizens Support Group for the Fort Worth Police Mounted Patrol raised $3.2 million from private sources to construct this facility and now desires to design and construct the equestrian facility The facility is projected to cost $3.2 million to design and construct and the projected completion date is December 2014. On March 4, 2014, (M&C C-26699) the City Council approved action by the City and the Citizens Support Group for the Fort Worth Police Mounted Patrol to enter into a License Agreement outlining rules and requirements governing the relationship between the two parties, allowing contractor access to the site for design and construction work and providing for the donation of the facility to the City upon completion of the improvements via a Gift Deed. The City, through the Citizens Support Group for the Fort Worth Police Mounted Patrol, now desires assistance from Tarrant County for certain aspects of the construction project, specifically related to preparation of the construction site. The requested assistance requires that the City and the County enter into an Interlocal Agreement outlining rules and requirements governing the relationship between the two parties, and specifying fees and charges for the work requested The Citizens Support Group for the Fort Worth Police Mounted Patrol will negotiate and pay all fees and charges agreed upon by the two entities for these services. West Park is located in COUNCIL DISTRICT 7, Mapsco 59F. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that approval of the above recommendation http://apps.cfwnet org/council_packet/mc review.asp9ID=19655&councildate-4/1/2014 4/14/2014 M&C Review will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for Citv Manager's Office bv: Charles Daniels (6199) Originating Department Head: Jeffrey W. Halstead (4231) Additional Information Contact: Joe Komisarz (4289) ATTACHMENTS Page 2 of 2 http://apps.cfwnet.org/council_packet/mc_revieweasp7ID=19655&councildate=4/1 /2014 4/14/2014