HomeMy WebLinkAboutContract 60412CSC No. 60412
STATE OF TEXAS
COUNTY OF TARRANT
INTERLOCAL AGREEMENT BETWEEN CITY OF FORT WORTH AND
TARRANT COUNTY
This Interlocal Agreement ("Agreement") is made between the City of Fort Worth ("FORT
WORTH"), a home -rule municipal corporation of the State of Texas, acting by and through Dana
Burghdoff, its duly authorized Assistant City Manager and TARRANT COUNTY, acting herein
through Jaimi Parker, its duly authorized Historic Preservation and Archives Officer.
WHEREAS, the Texas State Legislature has authorized the formation of interlocal
cooperating contracts between and among governmental entities; and
WHEREAS, this Agreement is made under the authority granted by and pursuant to
Chapter 791 of the Texas Government Code which authorizes FORT WORTH and TARRANT
COUNTY to enter into this Agreement for purposes of providing a governmental function or
service that each party to the contract is authorized to perform individually;
WHEREAS, FORT WORTH and TARRANT COUNTY desire to enter into this
Agreement to utilize the Fort Worth Historic and Cultural Landmarks Commission's 2015
Historic Resources Survey data and existing and future data associated with the City's Historic
Resources survey updates in the Tarrant County Office of Historic Preservation's historic
resources GIS map, and the City to utilize existing and future data associated with the Tarrant
County Office of Historic Preservation's Resource update;
WHEREAS, the governing bodies of FORT WORTH and TARRANT COUNTY find
that this Agreement is necessary for the benefit of the public and the performance of this
Agreement is in the common interest of both parties;
WHEREAS, the governing bodies of FORT WORTH and TARRANT COUNTY have
authorized entering into this Agreement; and
WHEREAS, the governing bodies of FORT WORTH and TARRANT COUNTY, in
paying for the performance of governmental functions or in performing such governmental
functions, shall make payments only from current revenues legally available to such party.
NOW THEREFORE, IN CONSIDERATION of the mutual promises and agreements
contained herein, the parties do hereby agrees as follows:
ARTICLE 1.
PURPOSE
The purpose of this Agreement is to utilize the Fort Worth Historic and Cultural
Landmarks Commission's 2015 Historic Resources Survey data in the Tarrant County Office of
Historic Preservation's historic resources geographic information systems (GIS) map.
Interlocal Agreement Between City of Fort Worth and Tarrant County OFFICIAL RECORD
CITY SECRETARY Page 1 of 7
FT. WORTH, TX
ARTICLE 2.
FORT WORTH'S RESPONSIBILITY
FORT WORTH will:
1. Provide the 2015 Fort Worth Historic Resources Survey data to the Tarrant County Office of
Historic Preservation.
2. Provide existing and future data associated with the City's Historic Resources survey updates.
3. Will credit Tarrant County on the City of Fort Worth Historic Preservation webpage for the
data provided.
ARTICLE 3.
TARRANT COUNTY'S RESPONSIBILITY
TARRANT COUNTY will:
1. Incorporate all provided data into the GIS map of historic resources in Tarrant County.
2. Will not edit historic resources information in data provided, but may add additional
information, geocoding, or similar as needed.
3. Will make this data available on the Tarrant County Historic Preservation webpage via a
GIS map.
4. Will credit the City of Fort Worth on the Tarrant County Historic Preservation webpage
for the data provided.
5. Provide the City with requested data from existing and future County Historic Resources
survey updates.
ARTICLE 4.
TERM AND TERMINATION
This Agreement shall begin upon the last day executed by all authorized parties and shall
continue for a term of five (5) years. The agreement will automatically renew unless otherwise
terminated by either party. Either party to this Agreement may terminate this Agreement at any
time and for any reason by providing the other party thirty (30) days written notice to the other
party or pursuant to Article 15 of this Agreement.
ARTICLE 5.
IMMUNITY
It is expressly understood and agreed that in the execution of this Agreement, no 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.
Interlocal Agreement Between City of Fort Worth and Tarrant County
Page 2 of 7
ARTICLE 6.
ASSIGNMENT
TARRANT COUNTY shall not have the right to assign or subcontract any of its duties,
obligations or rights under this Agreement without the prior written consent of FORT WORTH,
which such right shall be granted solely at the discretion of FORT WORTH.
ARTICLE 7.
GOVERING LAW AND VENUE
This Agreement shall be construed in accordance with the laws of the State of Texas.
Venue for any action brought on the basis of this Agreement shall lie exclusively in state courts
located in Tarrant County, Texas or the United States District Court for the Northern District of
Texas — Fort Worth Division. In any such action, each party shall pay its own attorneys' fees,
court costs and other expenses incurred as a result of the action.
ARTICLE 8.
REMEDIES
No right or remedy granted herein or reserved to the parties is exclusive of any other right
or remedy herein by law or equity provided or permitted; but each shall be cumulative of every
other right or remedy given hereunder. No covenant or condition of this Agreement may be
waived without written consent of the parties. Forbearance or indulgence by either party shall
not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement.
ARTICLE 9.
SEVERABILITY
If any provision of this Agreement is held by a court of competent jurisdiction to be
invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining
provisions shall not in any way be affected or impaired.
ARTICLE 10.
APPLICABLE LAW
This Agreement is entered into subject to the Interlocal Cooperation Act, the governing
charters and ordinances of FORT WORTH and TARRANT COUNTY, as they may be amended
from time to time, and is subject to and is to be construed, governed and enforced under all
applicable Texas and Federal law.
ARTICLE 11.
Interlocal Agreement Between City of Fort Worth and Tarrant County
Page 3 of 7
ENTIRE AGREEMENT
This written instrument contains the entire understanding and agreement between FORT
WORTH and TARRANT 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 this Agreement. This Agreement may not be amended unless set forth in writing
and signed by both parties.
ARTICLE 12.
SIGNATURE AUTHORITY
The person signing this agreement hereby warrants that he/she has the legal authority to
execute this agreement on behalf of the respective party, and that such binding authority has been
granted by proper order, resolution, ordinance or other authorization of the entity. The other
party is fully entitled to rely on this warranty and representation in entering into this Agreement.
ARTICLE 13.
INDEPENDENT CONTRACTOR
It is expressly understood and agreed that TARRANT COUNTY shall operate as an
independent contractor as to all rights and privileges granted herein, and not as agent,
representative or employee of FORT WORTH. Subject to and in accordance with the
conditions and provisions of this Agreement, TARRANT COUNTY shall have the exclusive
right to control the details of its operations and activities and be solely responsible for the acts
and omissions of its officers, agents, servants, employees, contractors and subcontractors.
TARRANT COUNTY acknowledges that the doctrine of respondeat superior shall not apply
as between FORT WORTH, its officers, agents, servants and employees, and TARRANT
COUNTY, its officers, agents, employees, servants, contractors and subcontractors.
TARRANT COUNTY further agrees that nothing herein shall be construed as the creation of a
partnership or joint enterprise between FORT WORTH and TARRANT COUNTY.
ARTICLE 14.
NO WAIVER
The failure of either party to insist upon the performance of any provision or condition of
this Agreement or to exercise any right granted herein 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.
ARTICLE 15.
NON -APPROPRIATION OF FUNDS
Interlocal Agreement Between City of Fort Worth and Tarrant County
Page 4 of 7
FORT WORTH and TARRANT COUNTY will use best efforts to appropriate sufficient
funds to support obligations under this Agreement. However, in the event that sufficient funds
are not appropriated by either party's governing body, and as a result, that party is unable to
fulfill its obligations under this Agreement, that party (i) shall promptly notify the other party in
writing and (ii) may terminate this Agreement, effective as of the last day for which sufficient
funds have been appropriated.
ARTICLE 16.
RIGHT TO AUDIT
TARRANT COUNTY agrees that FORT WORTH shall, until the expiration of three
(3) years after termination of this Agreement, have access to and the right to examine at
reasonable times any directly pertinent books, documents, papers, records, and communications
of TARRANT COUNTY involving transactions relating to this Agreement at no additional cost
to FORT WORTH. TARRANT COUNTY agrees that FORT WORTH shall have access
during normal working hours to all necessary TARRANT COUNTY facilities and shall be
provided adequate and appropriate work space in order to conduct audits in compliance with
the provisions of this section. FORT WORTH shall give TARRANT COUNTY reasonable
advance notice of intended audits.
ARTICLE 17.
LIABILITY
Nothing in the performance of this Agreement shall impose any liability for claims
against FORT WORTH or TARRANT COUNTY other than claims for which liability may be
imposed by the Texas Tort Claims Act,
ARTICLE 18.
AMENDMENTS
No amendment to this Agreement shall be binding upon either party hereto unless such
amendment is set forth in writing, and signed by both parties.
ARTICLE 19.
FORCE MAJEURE
The parties shall exercise their best efforts to meet their respective duties and obligations
hereunder, but shall not be held liable for any delay in or omission of performance due to force
majeure or other causes beyond their reasonable control, including, but not limited to,
compliance with any state or federal law or regulation, acts of God, acts of omission, fires,
strikes, lockouts, national disasters, wars, riots, material or labor restrictions, transportation
problems or existing contractual obligations directly related to the subject matter of this
Interlocal Agreement Between City of Fort Worth and Tarrant County
Page 5 of 7
Agreement.
ARTICLE 20.
NOTICE
Notices required pursuant to the provisions of this Agreement shall be conclusively
determined to have been delivered when (1) hand -delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation
of the transmission, or (3) received by the other party by United States Mail, registered, return
receipt requested, addressed as follows:
Fort Worth Historic and Cultural Landmarks Commission:
Attn: Fort Worth Historic Preservation Officer
Lorelei Willett
200 Texas St.
Fort Worth, Texas 76102
With Copy to the City Attorney at the same address
Tarrant County Office of Historic Preservation:
Attn: Tarrant County Historic Preservation and Archives Officer
Jaimi Parker
200 Taylor St.
Fort Worth, TX 76196
(signature page follotivs)
Interlocal Agreement Between City of Fort Worth and Tarrant County
Page 6 of 7
EXECUTED on this the 8
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
day of _September , 2023.
Dam
By: Dana Burghdoff (Sep 20231 3 CDT)
Name: Dana Burghdoff
Title: Assistant City Manager
Date: Sep 19, 2023
APPROVAL RECOMMENDED:
By: DJ Harrell (Sep 19, 2023 08:02 CDT)
Name: D.J. Harrell
Title: Development Services Director
�4U
ATTEST: paF .. FORT
01ad
A � o
as°!`o
��� � �� aaan nezp544
By:
Name: Jannette Goodall
Title: City Secretary
TARRANT COUNTY:
By:
Name: Tim O'Hare
Title: Tarrant County Judge
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
By:
Name: Lorelei Willett
Title: Historic Preservation Officer
APPROVED AS TO FORM AND LEGALITY:
By: NicoNico Arias 2314:54 CDT)
Name: Nico Arias
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: N/A
APPROVED AS TO FORM:
1000
By:
Criminal District Attorney's Of ice*
*By law, the Criminal District Attorney's Office may only approve
Interlocal Agreement Between City of Fort Worth and Tarrant County
Page 7 of 7
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Date: r k-1 ` Z�Z�
Signature:
Email:
contracts for its clients. We reviewed this document as to form from
our client's legal perspective. Other parties may not rely on this
approval. Instead those parties should seek contract review from
independent counsel.
Interlocal Agreement Between City of Fort Worth and Tarrant County
Page 8 of 7
Signature:5tin..11�1X
Email: allison.tidwell@fortworthtexas.gov