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Home My WebLink AboutContract 282161'�g �1-� � �, `�H� Si�1T� �l� Y�XAS COU�liY O� i�+RRAfVi �� I'1� �� C;�nI��A�� i� . � _ , _ ; �, I��lOV�J ALL �Y ib�S� PFt�S��TS �� ,� [NTFRLO�A�, �►(3�EE�fi�Ni This Agreement is made and enfered into this,,� day of ;,GG'I �, 2002, by and between the County af Tarrant, aGting herein by and through its gaverning body, the Commissioners Court, hereinafter re�erred to as COUNTY and 7F�1� �IiY O� F'O�i 1�dORiN� hereinafter referred to as CITY, bo#h of Tarrant County, State o� Texas, wit��sseth: WHEREAS, t�is Agreement is made under the autf�ority of 5ectior�s 791.00�- 791.029, Texas Government Code; and WHEREAS, eacn governing 6ody, in performing governmental functions or in paying for the performanc� of governmental functions hereunder, shall make that perFormance or those payments from curre�# revenues legal�y avai[able to that party; and VVHEREAS, each governing bo�y finds fhat the p�rformance of this Agreement is in the common inier�st af both parties, ihat the unclertaking will benefit the public and that the division of costs fairly compensates the performing party for fhe services or functions under tnis ag�eement; and WHEREAS, each gaverning body agrees to share in the cost of t�e services described below. NOW THERE�ORE, t�e COUNTY and the CITY agree as fol[ows: 1. COUNTY agrees to provide all materiais, labor, equipment, and incidentals necessary to mow CITY owned right of way within Tarrant Gounty Commissioners Precinet 4. �. CITY agrees to pay the C4UNTY within twenfy days of receipt of a bill from the COUNTY specifying the actuai employee cost for actual mowing performed during the pre�ious month. The billable amoun� per hour shaEl not exceed $8�.00, The total amount under this contract payable by the CIiY shall nat exceed $20,OOD. � li' � ,r ,� i�' ,: .��,�� . ,�� . ., ��; �. . -,��' PAG� 1 j � ' ' Y, r . . �!" � . t _ r J. Nothin� in the performance of th�s Agreement shall impose any liability for claims against COUNTY ofher than claims for wh�ch liability may be �mposed by the Texas Tor# CEaims Act. . 4. Nothing in the performance of this Agreement shall impose any liability for claims against CITY other than claims for which liability may be imposed by the T�xas Tort Claims Act. 5. If engineering services are required for the Project, CITY shall provide such servtces. CITY in conjur�ction with the COUNTY s�all identify the needed clearance of branches and limbs so that COUNTY equipment may safely operate. CITY will dear the identified branches and limbs prior to the COUNTY performing. CITY shall notify COUNTY within thirty (30) days of completion of the Projec# of any complaint w�ich the CITY may have regarding same. lJpon completion of the Project, CITY shalE be responsible f�r maintenance of same. � Th� parties to this Agreement do not intend for any third party to obtain a right by virtue af this Agreement. CITY agrees that County is relying upon CITY for notice to �roceed with this Project, but COUNTY shall not be required ta perform this Agreement within�anytime limit. 7. To the exten# permitted by law, Coun#y shall ba responsi�Ee fo� all work-refated deaths or inj�ries of Cot�nty smpfoyees, and for property damage, personal in�ury or death ca�sed �y County employees or �o[Unt��rs, relafing to work Provided pursuant to this Agreement. To the extent permitted by law, C�ty shail be responsible for all work-related deaths or in�uries of City employees, anci for properky damage, persona! �njury or death caused by City employees or volunteers, rela�ing io work provided pursuant to this Agreemer�t. County shall be responsible for all property damages, personal injuTies and death caused by the use of County equipmer�� and vehicfes purs�ant to this Agreement. �urkhermore, County shall be respansible �or the repair or replacement of all such equipment and vehicles damaged, destroyed, lost or stolen by County employees or volt�nteers during the prov�sion of services hereunder. .. �� ,:� PAG E 2 � � .�� r '. _ ' � . `'� � ' City shall be responsible for afl �roperty damages, personal injur�es and death caused by the use of city equipment and vehicles caused by City employees or vo�unteers pursuani to this Agreement. Furthermore, City shall be responsible for fne re�air or repfacement of all such equipment and vehicles damaged, destroyed, lost or stolen caused by City employees or �olunteers during the provisior� nf services hereunder. � This contract sha[� expire on the earlier of September 30, 2003 or the date that the fur�ds allocated under Paragraph 2 are completely depleted by necessary paym�nts, By entering �nto this Agreement, the parties �o not intend #o create any abligations expr�ss or impiied other than those set out herein; further, t�is Agreement shall not create any rights in any party not a signatory hereto. ATTEST: �DUNTY BF iAR�P1Y —��c,� �' �' -�� _ TOM VANDERGRIFF � ,' -- �~TRRRANT COUNTY Jl9'�G� APPROVED AS TO FORM* . �'� �� RAY RIKE ;' ASSISTAI�`f DISTRiCT ATTORNEY '�� `�� - - - "r 1 � ; �-�`�- r J , D. J ,� � COMMISSIONER, PRECINGT FOUR *By Iaw, the Disfrict Attorney's Office may anly advise or approve contracts or legal documents on behalF of ifs c3ients. Ik may not advise or apprave a contracts or �ega! document on behalf of other parties. Our view of this document was conducted sofely fram the legal perspecti�e af our client. Our approvai of this dacument was offer�d solely for the benefit af our clienk. Ot�er parties should not rely on thls a�proval and shauld seek revlew and appr4va! by ffi�eir own respective attflrney{s). AT.TEST: �IT'�F �BR� 1�OR�H , y t � _ �.. �C.�4- '. � GITY SEG ARY� APPROVED AS T� FORM: ,� .. G i � � i �',J. PATTER N, ,1R. ASSISTANT CITY ATTORNEY PAGE 3 JOI AS; _y _ IAGER ' r - � - '�` - � }%- Cantract .��.hoxixa�ion pa�e . .� �'IiSII��411�:,,iL� ��L7� ,�'� R � � ,• � .._,,,; ;.K,�`.� � +� � G 1.� �