Loading...
HomeMy WebLinkAbout065449 - General - Contract - North Central Texas Council of Governments (NCTCOG)Docusign Envelope ID: B4EDAA18-4184-8AFD-82EB-7717218F86E3 CSC No. 65449 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AND OFFICIAL RECORD CITY OF FORT WORTH CITY SECRETARY FOR FT. WORTH, TX 2026 FIFA WORLD CUP MOBILIZATION AT CENTREPORT WHEREAS, the North Central Texas Council of Governments (NCTCOG) has been designated as the Metropolitan Planning Organization for the Dallas -Fort Worth Metropolitan Area by the Governor of Texas in accordance with federal law; and, WHEREAS, the Regional Transportation Council (RTC), serves as the Metropolitan Planning Organization (MPO) Policy Committee, comprised primarily of local elected officials, and is the regional transportation policy body associated with NCTCOG and has been and continues to be a forum for cooperative decisions on transportation; and, WHEREAS, on March 26, 2026, the Executive Board in its capacity as the RTC's fiduciary agent, authorized NCTCOG to enter into an agreement with the City of Fort Worth for implementation for Special Events Management activities related to FIFA World Cup Mobilization at Centreport; and, WHEREAS, on April 9, 2026, the RTC approved RTC Local funding for mobilization activities at CentrePort for FIFA World Cup; and, WHEREAS, NCTCOG and City of Fort Worth desire to enter into an agreement to implement mobilization activities at CentrePort for FIFA World Cup; and, WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, provides authority for the North Central Texas Council of Governments and local governments to enter into an agreement for the provision of governmental functions and services of mutual interest; and, WHEREAS, each governing body, in performing governmental functions or in funding the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and, WHEREAS, each governing body finds that the performance of this Agreement is in the common interest of both parties, that the undertaking will benefit the public and that the division of costs fairly compensates the performing party for the services or functions under this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions recited above and contained herein, the parties agree as follows: ARTICLE 1. PARTIES 1.1 Parties. This Agreement, hereinafter referred to as the "Agreement", is made and entered into by and between the North Central Texas Council of Governments, hereinafter referred to as "NCTCOG", and the City of Fort Worth hereinafter TRN8001 Interlocal Cooperation Agreement between NCTCOG and City of Fort Worth FIFA World Cup Mobilization at Centreport Page 1 Docusign Envelope ID: B4EDAA18-4184-8AFD-82EB-7717218F86E3 referred to as "CITY". NCTCOG and CITY may each be referred to as a "Party" and may be collectively referred to as "Parties" to this Agreement. ARTICLE 2. FUNDING 2.1 Award Amount. The NCTCOG will provide payment to the CITY for activities outlined in the Scope of Work (SCOPE) under the conditions in this Agreement not to exceed the maximum Award Amount of ten thousand dollars ($10,000). The CITY shall be responsible for any costs in excess of the maximum Award Amount. ARTICLE 3. SCOPE OF WORK 3.1 Scope. The CITY shall perform the agreed upon SCOPE outlined in Appendix A of this Agreement. 3.2 Scope of Work Changes. Changes to the SCOPE must be agreed to by both Parties in writing. ARTICLE 4. PAYMENTS 4.1 Payment. Payment shall be made only upon completion of the SCOPE and approval by NCTCOG of all deliverables and services provided by CITY. NCTCOG will approve payments as soon as practicable, but not later than forty-five (45) days after a complete Payment Request has been received, provided that complete and accurate supporting documentation has been submitted to NCTCOG. NCTCOG may deem a Payment Request incomplete if the data and/or documentation are incomplete or improper, or if the CITY fails to submit necessary reports or provide other information requested by NCTCOG under the terms of this Agreement. 4.2 Payment Requests. CITY should submit one (1) Payment Request, in the form of an invoice, no later than August 31, 2026, to NCTCOG at the e-mail address below: North Central Texas Council of Governments Email: TRgrants(a)nctcog.org The Payment Request should be submitted on CITY letterhead, signed by a Certifying Official, and include all requested supporting documentation to confirm completion of deliverables and services. 4.3 Certifying Official. As detailed in Article 4.2, the CITY is required to provide a signed Payment Request. The individual noted below has the authority, on behalf of the CITY, to certify and serve as the signatory on Payment Requests related to this project. Any changes to the certifying official notated below shall be submitted within seven (7) days to TRgrants @nctcoq.org. By signing the Payment Request, Certifying Officials are acknowledging review to ensure expenses included in the request are consistent with the Agreement, and all services and costs documented on the request are accurate and eligible. TRN8001 Interlocal Cooperation Agreement between NCTCOG and City of Fort Worth FIFA World Cup Mobilization at Centreport Page 2 Docusign Envelope ID: B4EDAA18-4184-8AFD-82EB-7717218F86E3 Certifying Official: Name: Jesica McEachern Title: Assistant City Manager ARTICLE 5. PROCUREMENT, INSPECTIONS AND CERTIFICATIONS 5.1 Procurement Certification. By execution of this agreement, CITY certifies its compliance with applicable procurement procedures that ensure a fair, open, and competitive process. 5.2 Inspections. The CITY agrees to perform field inspections at appropriate intervals to be determined by the CITY to ensure project compliance with the standards and procedures established by the CITY'S governing body. Copies of such reports shall be provided to NCTCOG upon request. 5.3 Certification. As part of any reimbursement request, the CITY shall certify to NCTCOG/RTC that the project meets the standards and procedures established by CITY'S governing body. 5.4 The CITY shall ensure that all required documents of the project, including but not limited to insurance certificates, performance or payment bonds, and required licenses and permits of a CITY or the CITY'S subcontractors be kept on file, current, and available to the NCTCOG upon request. Additionally, any relevant performance documents pertaining to the project such as correspondence, evaluations, reports submitted by the subcontractor and/or the CITY'S contract administration team, payment requests, and copies of invoices shall be provided to the NCTCOG upon request. ARTICLE 6. TERM, MODIFICATION, AND SEVERABILITY 6.1 Term. This Agreement shall take effect on the date executed by the Parties and terminate on August 31, 2026 ("Term"), unless terminated earlier as provided herein. CITY is authorized to proceed once this Agreement is fully executed. 6.2 Termination. Either Party may terminate this Agreement by giving thirty (30) days written notice to the other Party. The Parties may terminate this Agreement at any time by mutual written concurrence. This Agreement shall automatically terminate upon completion of the project. 6.3 Changed Circumstances. If future federal, State, or local statute, ordinance, regulation, rule, or action render this Agreement, in whole or in part, illegal, invalid, unenforceable, or impractical, the parties agree to delete and/or to modify such portions of the Agreement as are necessary to render it valid, enforceable, and/or practical. Each section, paragraph, or provision of this Agreement shall be considered severable, and if, for any reason, any section, paragraph, or provision herein is determined to be invalid under current or future law, regulation, or rule, such invalidity shall not impair the operation of or otherwise affect the valid portions of this instrument. 6.4 Severability. In the event any one or more of the provisions contained in this Agreement shall be for any reason held to be invalid, illegal, or unenforceable in TRN8001 Interlocal Cooperation Agreement between NCTCOG and City of Fort Worth FIFA World Cup Mobilization at Centreport Page 3 Docusign Envelope ID: B4EDAA18-4184-8AFD-82EB-7717218F86E3 any respect, such invalidity, illegality, or unenforceability shall not affect any other provision(s) hereof, and this Agreement shall be revised so as to cure such invalid, illegal, or unenforceable provision(s) to carry out as near as possible the original intent of the Parties. 6.5 Assignment. Without the prior written consent of NCTCOG, the CITY may not transfer or assign any rights or duties under or any interest in this Agreement. 6.6 Entirety and Amendments. This Agreement embodies the entire agreement between the Parties and supersedes all prior agreements and understandings. This Agreement may be amended or supplemented only by written instrument. ARTICLE 7. MISCELLANEOUS PROVISIONS 7.1 Captions. The captions, headings, and arrangements used in this Agreement are for convenience only and shall not in any way affect, limit, amplify, or modify its terms and provisions. 7.2 Disputes and Remedies. The CITY and NCTCOG shall negotiate in good faith toward resolving any disputes that arise under this Agreement. This Agreement does not limit any remedy or right under law available to a Party to enforce the terms herein. 7.3 Notice. All notices regarding this Agreement shall be in writing and shall be delivered to the persons identified below: NCTCOG Physical Address: Michael Morris, P.E. Director of Transportation North Central Texas Council of Governments 616 Six Flags Drive Arlington, Texas 76011 NCTCOG Project Manager Natalie Bettger Senior Program Manager North Central Texas Council of Governments 616 Six Flags Drive Arlington, Texas 76011 CITY Physical Address: Gadimi Hilton Transportation Communications Manager Transportation & Public Works City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 TRN8001 Interlocal Cooperation Agreement between NCTCOG and City of Fort Worth FIFA World Cup Mobilization at Centreport Page 4 Docusign Envelope ID: B4EDAA18-4184-8AFD-82EB-7717218F86E3 7.4 Indemnification. NCTCOG and the CITY agree that neither party is an agent, servant, or employee of the other party and agrees it is solely responsible for its individual acts and deeds as well as the deeds of its contractors, employees, representatives and agents. 7.5 Force Majeure. It is expressly understood and agreed by the parties to this Agreement that, if the performance of any provision of this Agreement is delayed by force majeure, defined as reason of war, civil commotion, act of God, governmental restriction, regulation or interference, fire, explosion, hurricane, flood, failure of transportation, court injunction, or any circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated herein, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the period of time applicable to such requirement shall be extended for a period of time equal to the period of time such party was delayed. Each party must inform the other in writing within reasonable time of the existence of such force majeure. 7.6 Audits. NCTCOG reserves the right to conduct financial and program monitoring of all awards to the CITY and to perform an audit of all records related to this Agreement. An audit by NCTCOG may encompass an examination of all financial transactions, all accounts and reports, as well as an evaluation of compliance with the terms and conditions of this Agreement. 7.7 Contractual Relationship. It is understood and agreed that the relationship described in this Agreement between the parties is contractual in nature and is not to be construed to create a partnership of joint venture or agency relationship between the parties. Nor shall any party be liable for any debts incurred by the other party in the conduct of such other party's business or functions. 7.8 Internal Compliance Program. NCTCOG has adopted an Internal Compliance Program to prevent waste, fraud, or abuse. Contractors, agents, and volunteers can report suspected waste, fraud, or abuse at: https://www.nctcog.org/agency- administration/compliance-portal. Additional information regarding the Internal Compliance Program is available at the previous web address. 7.9 Signature Authority. Each of the individuals signing this Agreement warrants that he or she is duly and properly authorized to execute this Agreement on behalf of his or her respective Party. 7.10 Payment from Current Available Revenues. Any payments made under this Interlocal Cooperation Agreement shall be from current revenues available to the paying Party as required by Chapter 791, Texas Government Code. APPENDICES The following appendix is attached and made part of this Agreement. Appendix A Scope of Work TRN8001 Interlocal Cooperation Agreement between NCTCOG and City of Fort Worth FIFA World Cup Mobilization at Centreport Page 5 Docusign Envelope ID: B4EDAA18-4184-8AFD-82EB-7717218F86E3 IN WITNESS WHEREOF, the parties have executed this Agreement. This Agreement is effective on the day the last Party signs. NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS FS, by: �ass2�ce Todd Little Executive Director CITY OF FORT WORTH Jesica McEachern Assistant City Manager For City of Fort Worth internal processes: ATTEST K� (2& Jannette Goodall City Secretary QfOHT��a 0.. 4;0O 09°d Fg P0= �Sp LQIIn aEXP`�a�' - APPROVAL RECOMMENDED: X...Z.W,_ By: Lauren Prieur (Jun 22. 2026 15:46:44 CDT) Lauren Prieur Director, Transportation and Public Works APPROVED AS TO FORM AND LEGALITY 6/19/2026 Date 06/27/2026 Date By: Douglas Black (Jun 23, 2026 13:00:38 CDT) M&C Date: N/A Douglas W Black Sr. Assistant City Attorney 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. OFFICIAL RECORD GADIMI ilton (Jun 22, 2026 14:40:51 CDT) CITY SECRETARY Gadimi Hilton I FT. WORTH, TX I Transportation Communications Manager, TPW TRN8001 Interlocal Cooperation Agreement between NCTCOG and City of Fort Worth FIFA World Cup Mobilization at Centreport Page 6 Docusign Envelope ID: B4EDAA18-4184-8AFD-82EB-7717218F86E3 APPENDIX A SCOPE OF WORK Protect Details Statler Boulevard Traffic Control Plan for the 2026 FIFA World Cup, detailed in the attached map. The City of Fort Worth will set up and remove traffic control mobilization for the road closure at Statler Boulevard for each 2026 FIFA World Cup game listed in the Table 1. Traffic control will be setup at least five (5) hours before the scheduled match time and removed approximately three (3) after the match ends. City of Fort Worth will submit one (1) invoice to NCTCOG following the last Arlington World Cup game. Table 1. 2026 World Cup Games Sunday 6/14 at 3:00 pm Wednesday 6/17 at 3:00 pm Monday 6/22 at 12:00 pm Thursday 6/25 at 6:00 pm Saturday 6/27 at 9:00 pm Tuesday 6/30 at 12:00 pm Friday 7/3 at 1:00 pm Monday 7/6 at 2:00 pm Tuesday 7/14 at 2:00 pm TRN8001 Interlocal Cooperation Agreement between NCTCOG and City of Fort Worth FIFA World Cup Mobilization at Centreport Page 7 Ew w�° NI M3V39VIIOO °'" '<� o °HogEyo iypau �o€w€ww b w �I w. -------------� Q a <� � m�womo° gip° s I ENOW/<= U 15 N731, man ' WO bo p El S �fl°fig �N a6 La k_�S€� m 8` _ w= i i OOOM3273a0 �-. I I�� 1. J --XV 3AIif011SNV2LL _Apt or- Owl AV F.- 0 O LL O T LK C r� 0 U U z L (1) C: .o Q NI O O O U 0 U70 U O -a Q LL C � FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: North Central Texas Council of Governments (NCTCOG) Subject of the Agreement: Interlocal Agreement for the implementation for Special Events Management activities related to FIFA World Cup Mobilization at Centreport M&C Approved by the Council? * Yes ❑ No 8 If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 8 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 8 No ❑ If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: If different from the approval date. Expiration Date: If applicable. Is a 1295 Form required? * Yes ❑ No 8 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.