HomeMy WebLinkAboutContract 57987 CSC No. 57987
INTERLOCAL AGREEMENT BETWEEN RIVER OAKS
AND THE CITY OF FORT WORTH
This Interlocal Agreement ("Agreement") is between the City of River Oaks ("River
Oaks"), a political subdivision of the State of Texas, and the City of Fort Worth ( "City"), a unit
of local government (collectively, the "Parties"). The Parties have reviewed this Agreement and
agree to the following:
WHEREAS, City is remodeling its Fire Station 15 and the construction requires that City
seek alternate housing for its fire department crew; and
WHEREAS, Fire Station 15, and its corresponding service area, is in close proximity to
River Oaks; and
WHEREAS, River Oaks is also remodeling its fire station ("River Oaks Station") and the
construction requires that River Oaks seeks alternate housing for its fire department crew; and
WHEREAS,the purpose of this Agreement is to facilitate and memorialize the cooperation
between City and River Oaks concerning City's provision of a temporary living quarters trailer
("Temporary Trailer") to be placed on River Oaks property adjacent to River Oaks Station to be
used by both Parties' fire department crews during each Party's fire department renovation; and
WHEREAS, any payments or performance required by this Agreement shall come
from current revenues legally available to the Parties; and
WHEREAS, this Agreement is made pursuant to the authority of Section 791 of the Texas
Government Code; and
WHEREAS, the subject of this contract is necessary for the benefit of the public and each
party has the legal authority to perform and to provide the governmental function or service which
is the subject matter of this contract.
NOW, THEREFORE, for and in consideration of the mutual undertaking hereinafter set
forth and for adequate consideration given, the Parties agree to the following:
I.
TERM
The Agreement shall commence upon the date the Agreement is fully executed by both
Parties below ("Effective Date") and shall expire no later than February 29, 2024 ("Expiration
Date"),unless terminated earlier in accordance with the provisions of this Agreement or otherwise
extended by the Parties. This Agreement may be renewed for two (2) one-year renewal periods at
City's option, each one-year renewal period to be known as a"Renewal Term." City shall provide
River Oaks with written notice of its intent to renew at least thirty (30) days prior to either the
Expiration Date or the end of any Renewal Term.
OFFICIAL RECORD
II. CITY SECRETARY
FT.WORTH, TX
Interlocal Agreement rage IL 01 /
TERMINATION
a. Convenience. Either City or River Oaks may terminate the Agreement at any time
and for any reason by providing the other party with 30 days' written notice of termination.
b. Breach. If either party commits a material breach of the Agreement, the non-
breaching Party must give written notice to the breaching party that describes the breach in
reasonable detail. The breaching party must cure the breach ten(10) calendar days after receipt of
notice from the non-breaching party, or other time frame as agreed to by the parties. If the
breaching party fails to cure the breach within the stated period of time, the non-breaching party
may, in its sole discretion, and without prejudice to any other right under the Agreement, law, or
equity, immediately terminate the Agreement by giving written notice to the breaching party.
C. Fiscal Funding Out. In the event no funds or insufficient funds are appropriated by
City in any fiscal period for any payments due hereunder, City will notify River Oaks of such
occurrence and the Agreement shall terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to the City of any kind whatsoever,except
as to the portions of the payments herein agreed upon for which funds have been appropriated.
d. Duties and Obligations of the Parties. In the event that the Agreement is terminated
prior to the Expiration Date, City shall pay River Oaks for services actually rendered up to the
effective date of termination and River Oaks shall continue to provide City with services requested
by City and in accordance with the Agreement up to the effective date of termination. Upon
termination of the Agreement for any reason, River Oaks shall provide City with copies of all
completed or partially completed documents prepared under the Agreement. In the event River
Oaks has received access to City information or data as a requirement to perform services
hereunder, River Oaks shall return all City provided data to City in a machine-readable format or
other format deemed acceptable to City.
III.
LAW AND VENUE
The Agreement and the rights and obligations of the parties hereto shall be governed by,
and construed in accordance with the laws of the United States and state of Texas, exclusive of
conflicts of law's provisions. Venue for any suit brought under the Agreement shall be in a court
of competent jurisdiction in Tarrant County, Texas.
IV.
PUBLIC INFORMATION
Both Parties are government entities under the laws of the State of Texas and all documents
held or maintained by either Party are subject to disclosure under the Texas Public Information
Act. In the event there is a request for information marked Confidential or Proprietary, City shall
promptly notify River Oaks. It will be the responsibility of River Oaks to submit reasons objecting
to disclosure. A determination on whether such reasons are sufficient will not be decided by City,
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but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
V.
AUDIT
The Parties agree that, until the expiration of three (3) years after final payment under the
Agreement, each Party shall have access to and the right to examine any directly pertinent books,
documents,papers and records of the other Party involving transactions relating to the Agreement.
Such access will be provided during normal working hours to all necessary facilities, and adequate
and appropriate workspace will be provided in order to conduct audits in compliance with the
provisions of this Section,provided that such access and workspace does not interfere with normal
business operations. Each Party shall give the other Party reasonable advance notice of intended
audits.
VI.
OBLIGATIONS OF CITY
City will:
(a) Pay for and cover all costs associated with the delivery, set-up, monthly rental
fees, installation, and ultimate tear down and removal of the Temporary Trailer
after both Parties' fire crews have utilized it during their respective ;
(b) Provide River Oaks with unlimited access to the Temporary Trailer for fire
department living arrangements during the renovation of the River Oaks Station;
(c) Pay River Oaks an amount not to exceed $100,000.00 for use of River Oaks'
property for placement of the Temporary Trailer for the duration of the Fire
Station 15 Remodeling Project.
VII.
OBLIGATIONS OF THE RIVER OAKS
River Oaks will:
(a) Provide City with access to River Oaks' property for placement of the Temporary
Trailer for the term of this Agreement unless tenninated earlier in accordance
with section II. River Oaks property, for purposes of this Agreement, includes a
space adjacent to the River Oaks Station for placement of the Temporary Trailer,
as well as River Oaks' truck room;
(b) Provide City with unlimited access to the Temporary Trailer for City fire
department living arrangements during the renovation of Fire Station 15,but after
the completion of the renovation of the River Oaks Station; and
(c) Provide City with unlimited access to the River Oaks truck room for storage of
City's fire apparatus.
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VIII.
NOTICE
Any notice required to be given under the provisions of this Agreement shall be in writing
and shall be duly served when it shall have been personally delivered to the address below, or
deposited, enclosed in a wrapper with the proper postage prepaid thereon, and duly registered or
certified, return receipt requested, in a United States Post Office, addressed to the County or the
City of Fort Worth at the following addresses. If mailed, any notice or communication shall be
deemed to be received three (3) days after the date of deposit in the United States Mail. Unless
otherwise provided in this Agreement, all notices shall be delivered to the following addresses:
To City: To River Oaks:
City of Fort Worth\ City of River Oaks
Valerie Washington Attn: City Manager
Attn: Assistant City Manager 4900 River Oaks Blvd
200 Texas Street River Oaks, TX 76114
Fort Worth,TX 76102-6314
Facsimile: (817) 392-8654 Williams Scotsman
Lorenzo,Moreira,Territory Sales Manager
With copy to Fort Worth City Attorney's Office at 4590 Carey St.
same address Fort Worth,TX 76119-4222
Email: Lorenzo.moreira a7willscot.com
IX.
MODIFICATIONS
This instrument contains the entire Agreement between the Parties relating to the rights
herein granted and obligations herein assumed.
Any oral or written representations or modifications concerning this instrument shall not
be effective excepting a subsequent written modification signed by both Parties.
X.
MISCELLANEOUS
(a) Immunity. It is expressly understood and agreed that in the execution of this
Agreement, neither Party waives, nor shall be deemed hereby to waive, any immunity or defense
that would otherwise be available to it against claims arising in the exercise of governmental
powers and functions.
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(b) Amendment. No supplement, modification or amendment of any term, provision,
or condition of this Agreement shall be binding or enforceable on either Party hereto unless in
writing signed by both Parties.
(c) Assignment. No Party to this Agreement may assign its rights under this
Agreement without the prior written consent of the other Party.
(d) Relationship of the Parties. None of the provisions of this Agreement are intended
to create, and none shall be deemed or construed to create, any relationship between the Parties,
other than that of independent contractors. This Agreement shall not create the relationship of
employer-employee, agency, partnership, or joint venture. Neither Party shall have the right or
power in any manner to unilaterally obligate the other to any third party, whether or not related to
the purpose of this Agreement.
(e) Severability. Should any part, term, or provision of this Agreement be declared to
be invalid, void, or unenforceable, all remaining parts, terms, and provisions hereof shall remain
in full force and effect, and shall in no way be invalidated, impaired, or affected thereby.
(f) Entire Agreement. This Agreement contains the entire agreement between the
Parties relating to the rights herein granted and the obligations herein assumed, and supersedes all
prior written or oral agreements or communications between the Parties.
(g) Liability. Each Party shall be solely responsible for its own actions or inaction
and the actions or failure to act of its respective employees, agents, officers, officials, and
contractors. Neither Party shall be responsible for the actions, errors, omissions, negligence,
misfeasance, or malfeasance of the other Party or any employee, agent, officer, official or
contractor of the other Party.
(h) Electronic Signatures. This Agreement may be executed by electronic
signature, which will be considered as an original signature for all purposes and have the same
force and effect as an original signature. For these purposes, "electronic signature" means
electronically scanned and transmitted versions (e.g. via pdf file or facsimile transmission) of an
original signature, or signatures electronically inserted via software such as Adobe Sign.
[Signature Page Follows]
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SIGNED AND EXECUTED this _day of 52022.
THE CITY OF RIVER OAKS
Marvin G gory
City Manager
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OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Interlocal Agreement
THE CITY OF FORT WORTH
City of Fort Worth Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
ya/0" � of this contract, including ensuring all
By: Valerie Wash in gton(Aug 15,202221:42 CDT) performance and reporting requirements.
Name: Valerie Washington
Title: Assistant City Manager
a1/n�a1/ger
Date: Aug 15, LOL By mark use~he`r(Aug 10202216:12 CDT)
Name: Mark Rauscher
Approval Recommended: Title: Fire Assistant Director
Approved as to Form and Legality:
By: J s Davis(Aug 11,2022 09:03 CDT)
Name: Jim Davis
Title: Fire Chief By:
Name: Taylor Paris
Attest: Title: Assistant City Attorney
Contract Authorization:
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By: Jannette S.Goodall(Aug 16,202210:35 CDT)
Name: Janette Goodall ��4a��n�
Title: City Secretary p�I.FOR? Oa f
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OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Interlocal Agreement Page 7 of 7