HomeMy WebLinkAboutContract 61551CSC No. 61551
INTERLOCAL AGREEMENT BETWEEN THE WHITE SETTLEMENT
INDEPENDENT SCHOOL DISCTRICT POLICE DEPARTMENT
AND THE CITY OF FORT WORTH
This Interlocal Agreement ("Agreement") is between the City of Fort Worth ("City"), a
unit of local government, and the White Settlement Independent School District Police Department
("WSISDPD"), a unit of local government (collectively, the "Parties"). The parties have reviewed
this Agreement and agree to the following:
WHEREAS, the purpose of this Agreement is to facilitate and memorialize the
cooperation between City and the WSISDPD concerning the sale of decommissioned City of Fort
Worth Police Department vehicles;
WHEREAS, City agrees to provide the WSISDPD with decommissioned vehicles (the
"Personal Property") in accordance with the terms of this Agreement;
WHEREAS, any payments or performance required by this Agreement must come from
current revenues legally available to the Parties;
WHEREAS, this Agreement is made pursuant to the authority of Section 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 provide the governmental function or service which
is the subject matter of this contract;
NOW, THERFORE, for and in consideration of the mutual undertaking hereinafter set
forth and for adequate consideration given, the Parties agree to the following:
W., U,
The Agreement commences on the date signed by the City's Assistant City Manager below
("Effective Date") and expires when final payment is received thereafter ("Expiration Date"),
unless terminated earlier in accordance with the provisions of the Agreement.
II.
TERMINATION
a. Convenience. Either City or WSISDPD may terminate the Agreement at any time
and for any reason by providing the other party with at least thirty (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 within ten (10) calendar days after
receipt of notice from the non -breaching party, or any other timeframe as agreed to by the parties.
If the breaching party fails to cure the breach within the stated period of time, the non -breaching
OFFICIAL RECORD
Interlocal Agreement CITY SECRETARY Page I of 7
FT. WORTH, TX
party may, in its sole discretion, and without prejudice to any other right under the Agreement, at
law or in 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 WSISDPD of such
occurrence and the Agreement will terminate on the last day of the fiscal period for which
appropriations were received without penalty or expenses to the City of any kind whatsoever,
except as to the portions of the payments herein agreed upon for which funds have been
appropriated.
III.
OBLIGATIONS OF THE PARTIES
a. The City agrees to:
i. Sell the Personal Property to the WSISDPD as indicated in the Exhibit A
attached hereto for the price indicated therein.
ii. Transfer and convey to the WSISDPD all of City's rights, title, and interest
to the Personal Property identified in Exhibit A within 120 days'
iii. Submit an invoice requesting payment upon delivery of the Personal
Property.
b. The WSISDPD will:
i. Submit payment to the City, as indicated in the City's invoice, within 30
days of receipt of the invoice.
ii. Pay any fees or costs associated with the transfer of the Personal Property
to WSISDPD.
IV.
LAW AND VENUE
The Agreement and the rights and obligations of the Parties hereto are governed by, and
construed in accordance with, the laws of the United States and State of Texas. Venue for any suit
brought under the Agreement must be in a court of competent jurisdiction in Tarrant County,
Texas.
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V.
AUDIT
The WSISDPD agrees that City will, until three (3) years after final payment and the
expiration/termination date of the Agreement, have access to and the right to examine any directly
pertinent books, documents, papers, and records of the WSISDPD involving transactions relating
to the Agreement, and the WSISDPD agrees that City will have access during normal working
hours to all necessary WSISDPD facilities and will be provided adequate and appropriate
workspace in order to conduct audits in compliance with the provisions of this section. City will
give the WSISDPD reasonable advance notice of intended audits.
VI.
NOTICE
Any notice required to be given under the provisions of this Agreement must be in writing
and will be deemed duly served when (1) personally delivered to the address below, or (2)
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 WSISDPD or
the City of Fort Worth at the following addresses. If mailed, any notice or communication will be
presumed to be received three (3) days after the date of deposit in the United States Mail, unless
shown otherwise. Unless otherwise provided in this Agreement, all notices must be delivered to
the following addresses:
TO THE WHITE SETTLEMENT
INDEPENDENT SCHOOL DISTRICT
POLICE DEPARTMENT:
c/o. Chief Bryan Bruce
1025 W. Loop 820 N.
Fort Worth, TX 76108
TO THE CITY OF FORT WORTH
c/o. Fort Worth Police Department
505 W. Felix St.
Fort Worth, Texas 76115
With Copy to the City Attorney at
100 Fort Worth Trail, Fort Worth,
TX 76102
Either Party may update its address by giving the other Party at least ten (10) days' written notice.
VII.
MISCELLANEOUS
a. Immunity. It is expressly understood and agreed that in the execution of this
Agreement, neither Party waives, nor will they be deemed hereby to waive, any immunity or
defense that would otherwise be available to it against claims arising from the exercise of
governmental powers and functions.
Interlocal Agreement Page 3 of 7
b. Amendment. No supplement, modification, or amendment of any term, provision,
or condition of this Agreement will 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. Relationship of the Parties. None of the provisions of this Agreement are intended
to create, and none will be deemed or construed to create, any relationship between the Parties,
other than that of independent contractors. This Agreement does not create the relationship of
employer -employee, agency, partnership, or joint venture. Neither 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.
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 remain in full
force and effect, and 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 will be solely responsible for its own actions or inactions, as
well as the actions or inactions of its respective employees, agents, officers, officials, and
contractors. Neither Party is responsible for the actions, errors, omissions, negligence,
misfeasance, or malfeasance of the other Party or any employee, agent, officer, official or
contractor or the other Party.
h. Electronic 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. For these purposes, "electronic signature" means electronically
scanned and transmitted versions (e.g. via pdf file, email, 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 may be subject to disclosure under the Texas
Public Information Act. In the event there is a request for information related to any records the
WSISDPD has indicated are confidential, the City shall promptly notify WSISDPD. It will be the
responsibility of the WSISDPD to submit reasons objecting to disclosure to the Office of the
Attorney General of the State of Texas. 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 FAULTS" AS OF THE DATE OF THIS
AGREEMENT, WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER
Interlocal Agreement Page 4 of 7
AS TO ITS CONDITION, FITNESS FOR ANY PARTICULAR PURPOSE,
MERCHANTABILITY, OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED. THE
CITY SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR
REPRESENTATION, ORAL OR WRITTEN, PAST OR PRESENT, EXPRESS OR
IMPLIED, CONCERNING THE PERSONAL PROPERTY OR CITY'S TITLE THERETO
OTHER THAN THAT IT OWNS THE PERSONAL PROPERTY FREE AND CLEAR OF
ANY LIENS OR CLAIMS OF ANY THIRD -PARTY. THE WHITE SETTLEMENT
INDEPENDENT SCHOOL DISCRICT POLICE DEPARTMENT IS HEREBY THUS
ACQUIRING THE PERSONAL PROPERTY BASED SOLELY UPON THE WHITE
SETTLEMENT INDEPENDENT SCHOOL DISCRICT POLICE DEPARTMENT'S OWN
INDEPENDENT INVESTIGATIONS AND INSPECTIONS OF THAT PROPERTY AND
NOT IN RELIANCE UPON ANY INFORMATION PROVIDED BY CITY OR CITY'S
AGENTS OR CONTRACTORS. CITY HAS MADE NO AGREEMENT TO ALTER,
REPAIR, OR IMPROVE ANY OF THE PERSONAL PROPERTY.
[signature page follows]
Interlocal Agreement Page 5 of 7
White Settlement ISD
By: F' F2Gto'
an Bruce
Chief of Police
APPROVED AS TO FORM:
CITY OF FORT WORTH
By: William Johnson (J n 12, 202410:40 CDT)
Name: William Johnson
Title: Assistant City Manager
Date: Jun 12, 2024
APPROVAL RECOMMENDED:
By: Robe'r&ldre ge (Jun 12, 202410:08 CDT)
Name: Robert A. Alldredge Jr.
Title: Executive Assistant Chief
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ATTEST:
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By:
Name: Jannette Goodall
Title: City Secretary
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.
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By:
Name: Loraine Coleman
Title: Administrative Services Manager
APPROVED AS TO FORM AND LEGALITY:
9
By:
Name: Trey Qualls
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: (None Required)
Date Approved: N/A
Form 1295 Certification No.: N/A
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Interlocal Agreement Page 6 of 7
Unit #
Year
Make
Model
#128-0163
2018
Dodge
Charger
#128-0170
2018
Dodge
Charger
Exhibit A
VIN
2C3CDXKT5JH218163
2C3CDXKT5JH224416
Recommended
Price
$1,520.00
$1,520.00
$3,040.00
Total I
Interlocal Agreement Page 7 of 7