HomeMy WebLinkAboutContract 60248109 a► rexflyzA
INTFRLO)CA1, AGRELM EN Tllt l'WEEN TIIE CITYOF SANSO)M PARK
ANI)'I IIFI CITY OF FORT WORTH
his lnterlocal Agreement ("Agreement") is between the City of Port Worth ("City"). a
lllllt oflocal government, and the City of'Sansonl Park ("Sansom Park"), it unit of local government
(collectively, thc"Partics"). The parties have reviewed this Agreement and agree to the following:
W1IEIZEAS, the purpose of this Agreement is to facilitate and nlcnlorialiic the
cooperation between City and Sansom Park concerning the sale of decommissioned City of l,ort
Worth Police Department vehicles;
WHEREAS, City agrees to provide Sansom Park with decommissioned vehicles (the
"Personal Property") in accordance with the terms of this Agreement;
WHEREAS, and- payments or performance required by this Agreement must come from
current rcvcnucs legally available to the Parties;
WHEREAS, this Agreement is made pursuant to the authority of Scction 791 of the Texas
Government Code;
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 provicle the governmental function or service which
is the subject matter of this contract;
NOW, THERhORE, for and in consideration of the mutual undertaking hereinafter set
forth and for adequate consideration given, the Parties agree to the following:
1.
f ERM
The Agreement commences on the (late signed by the City's Assistant City Manager below
("Effective Date") and expires three (3) years thereafter ("E_xpiration Date"), Unless terminated
earlier in accordance with the provisions of the Agreement. Thereafter, this Agreement may be
renewed on an annual basis upon the mutual written agreement of the Parties, each a "Renewal
'term."
if.
IT-RMINATION
a. Convenience. Dither Party may terminatc the Agreement at any tinnc and for any
reason by providing the other party with thirty (30) clays written notice of termination.
b. Breach. 11' either party commits a material breach of' the Agrecnncnt. the non -
breaching party must give written notice to the breaching party that clescribes the breach in
reasonable detail 'I he breaching party must cure the breach ten (10) calendar clays alter receipt of
notice from the non -breaching party, or other tinne frame as agreed to by the parties. 11' the
breaching party falls to CUI'e the breach wltllin the stated perlod of tlllle, the noll-breaching party
may. in its sole discretion. and without prejudice to any other right under the Agreement, law, of*
equity, immediately terminate the Agreement by giving written notice to the breaching part'.
Interlocal A!,reemeiu I'a_se I of* -
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
C. Fiscal Funding Out. In the CVCllt no funds or insufliCicnt I'unds are appropriated by
a Party in any fiscal period fin• any payments due hereLlllder, that Party will notify the other Party
of each occurrence and the Agreement will terminate on the last day of the fiscal period for which
appropriations were received without pcnalt)or expenses to the Party of an) kind whatsoever,
except as to the portions of' the payments llefeill agreed upon fir which funds have been
appropriated.
III.
OBLIGATIONS Of' T111 PAI TIFIS
it. The City agrees to:
Sell the Personal Property to Sansom Park -as identified in the Exhibit A
attached hereto;
ransfer and convey to Sansom Park _all of City's rights, title, and interest
to the vehicles identified in Exhibit A; and
ill. Submit an invoice requesting payment upon delivery of the vehicles.
b. Sansom Park will:
Submit payment to the City; as indicated in Exhibit A. within 30 days of
receipt of the invoice, and
Ila), any fees or costs associated with the transfer.
IV.
LAW AND VE'NUI:
The Agreement and the rights and obligations of the Parties hereto are governed by, and
construed in accordance with, the lags of the United States and State of Texas, exclusive of
conflicts of laws provisions. Venue for any suit brought under the Agreement must be in it court
Of,colnpetent jurisdiction inTarrant arrant COIIIlty, Texas.
V.
AUDII
Sallsom Park agrees that City -'A ill. until the expiration of thrcc (3) years after final payment
under the Agreement. have access to and the right to examine any directly pertinent books,
documents, papers and records of Sansom Park involving transactions relating to the Agreement,
Sansom Park agrees that City \,k ill have access during normal working hou s to all necessary
Sansom Park Facilities and x ill be provided adequate and appropriate workspace in order to
conduct audits in compliance with the provisions of this section. City will give Sallsolll Park
reasonable advance notice of intended audits.
Interloc,tl Agieement I'a r 2 of 5
VI.
NO ICI;
Any notice rcquircd to be given under the provisions of this Agreement will be in writing
and duly served when it is 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 City ol'Sansom Park or the City of I•ort
Worth at the following addresses. II' mailed, any notice or communication will 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 must be delivered to the following addresses:
TO T ll: CITY OF SANSOM PARK:
c/o. Sansom Park Police Department
Chief .lames Burchfield
5705 Azle Ave.
Sansom Park. 'texas 76114
TOTHIL, CITY Of. I.OR F WOR I'I I
c/o. Fort Worth Police Department
505 W. Felix St.
Fort Wooh, Texas 76115
With Copy to the City Attorney at
same address
Either Party may change addresses by giving the other Party ten (10) days written notice.
Vll.
MISCIi1,LAN}-.OUS
a. ,Immunity. It is expressly understood and agreed that in the execution of this
Agreement, neither Party waives, nor 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.
b. Amendment. No suPPlement, modification or amendment of any term, provision,
or condition of this Agreement 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 prior written consent of the other Party.
d. lZelattonshin ol'the Parties. None of the pro%-isions ol'this Agreement arc intended
to create. and none will be deemed or construed to create, any relationship bet%%cen the Parties,
other than that of Independent contractors. This Agreement does not create the relationship of
employer -employee, agency, Partnership, or joint \enturc. Nelthcl Party has 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.
Imet local Agreement I'agc 3 of 5
C. Scverability. Should and part, term. or provision of this Agreement be declared to
be invalid, void, or Linen R)rcCabIC, itII rernaIiiing parts, Ierun S. all (I provisions hereof rcIII illn In IIIII
lorce and effect, and in no way be invalidated, impaired, or affected thereby.
I. T:ntire As;recnlcnt. "I hiti Agreement contains the entire Agreement between the
Parties relating to the rights herein granted and the obligations I1CI-Cell aSSUMCd. and supersedes all
prior %Frittcn or oral agrecinCl1tS Or COI111111.1111CatlOnS bCIWCCII tile PartiCS.
g. Liability. I"ach Party will be solely responsible for its own actions or inaction and
the actions 014ailu1-C to act of its respective employees, agents, officers, officials, and contractors.
Neither Party is responsible for the actions, errors, omissions, negligence, misfeasance, or
nealleasancc of the other Party or any employee, agent, officer, official or contractor or the other
Party.
h. L:lectronic Signature. 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. Por 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.
i. Public Information. City is a government entity under the laws of the State of Texas
and all documents held or maintained by City are subject to disclosure under the 'Texas Public
Information Act. In the event there is a request for information related to any records the City of
Sansone Park has indicated are confidential, the City shall promptly notify the City of Sansone
Park. It will be the responsibility of the City of Sansom Park to submit reasons objecting to
disclosure. A determination on whether such reasons are sufficient will not be decided by City, but
by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction.
PROPERTY SOLD AS IS. THE PERSONAL PROPERTY IS BEING TRANSFERRED "AS
IS," "WHERE IS," AND "WITH ALL FAULT'S" AS OF THE DATE OF THIS
AGREEMENT, WI'THOU'TANY REPRESENTA'I'lON OR WARRANTY WHATSOEVER
AS TO ITS CONDITION, FITNESS FOR ANY PARTICULAR PURPOSE,
MERCHANTABILITY OR ANY OTHEIR WARRANTY, EXPRESS OR IMPLIED. THE
CITY SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR
REPRESENTAI'ION, ORAL OR WRITTEN, PAST OR PRESENT, EXPRESS OR
IMPLIEI), CONCERNING TIIE PERSONAL PROPERTY OR CIT'Y'STITL,ET'IIERET'O
OTHER TIIAN TIIAT' IT OWNS THE PERSONAL PROPERTY FREE. AND CLEAR OF
ANY LIENS OR CLAIMS OFANYT'I111tD PARTY. SANSOM PARK IS HEIREBYT'HUS
ACQUIRING TIIE PERSONAL PROPERTY BASED SOLELY UPON SANSOM PARK'S
OWN INDEPENDENT INVESTIGATIONS AND INSPECTIONS OF TIIAT PROPERTY
AND NOT IN RELIANCE UPON ANY INFORMATION PROVIDED IiY CITY Olt
CITY'S AGENT'S OR CONTRACTORS. CITY HAS MADE, NO AGREEMENT TO
ALTER, RFPAIR OR IMPROVE ANY OF TIIE PERSONAL PROPERTY.
[signature page lollowsl
Uiterloml Agreement Page 4 of S
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Angcla Wi 1 le, CPM. IRMC
City Administrator
APPROVFD AS 1 O 1.hGAl 1,0I0N1:
Will Pruitt
City Attorney
City of Fort Worth
By:
Name: Fernando Costa
"title: Assistant City Manager
Dale: Oct 11, 2023
Approval Recommended:
f{
By: �D �k 4G U7� (��
Name: eput hief Bu Wheeler xow
'title: Acting Assistant Chief
poivaq
FORT�dd
Attest Pam° pdd
O
�n,�na« �J ..L�a:ms.t °aIln nE��°p54aa
By:
Name: Janette Goodall
Title: City Secretary
Interlocal Agreement
Contract Compliance Manager:
By signing; I acknowledge that I ani the person
responsible for the monitoring and administration
of this contract, including ensuring; all
performance and reporting; requirements.
gh.A�mPI �
By: Loraine Coleman (0, 202315:13 CDT)
Name: Loraine Coleman
"title: Administrative Services Manage[ -
Approved as to Form Legality:
By: _
Name: Taylor C. Paris
'title: Assistant City Attorney
Contract Authorization:
M&C:
I'agc 5 01.5
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Exhibit A
Total Cost Per Unit
CID Vehicle- $4.350.00 VIN # 1FM51<8AROGGD16443
Radio Installed - FW Radio Labor $73.00 per hr. at 5 hr. install $365.00
No Decals - $0.00 - Unmarked Unit
Laptop - $1,869.00
Doors Re -painted - $600.00
Total - $7,184.00
DWI/Traffic Vehicle - $4,350.00 VIN # 1FM51<8AR4HGA36414
Radio Installed -- FW Radio Labor $73.00 per hr. at 5 hr. install $365.00
Full Decals - $805.00
Laptop - $1.869.00
Doors Re -painted - $600.00
Dash Camera + Install - $3415.48
Total - $11.404.48
Pull/Extra Vehicle - $4.350.00 VIN # 1FM51<8AR7HGA63199
Radio Installed - FW Radio Labor $73.00 per hr. at 5 hr, install $365.00
Full Decals - $805.00
Laptop - $1.869.00
Doors Re -painted - $600.00
Total - $6,120 00
Total 3 Vehicle Purchase +, Preparation = $24,708.48
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