HomeMy WebLinkAboutContract 41212 CITY SECRETARY
CONTRACT NO. 4.1 a.12 .
INTERLOCAL AGREEMENT FOR FUNDING OF THE
JOINT EMERGENCY OPERATIONS CENTER
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This Interlocal Agreement for Funding of the Joint Emergency Operations Center ("Agreement") is
entered into by and among the City of Fort Worth ("City"), a Texas home rule municipal corporation,
acting by and through Dale Fisseler, its duly authorized City Manager, and Tarrant County
("County"), a State of Texas political subdivision, acting by and through the Tarrant County
Commissioners Court. The City and the County are sometimes collectively referred to herein as the
Parties and individually as the Party.
RECITALS
WHEREAS, this Agreement is made under the authority of the Interlocal Cooperation Act, Sections
791.001-.033, Texas Government Code,which provides, in part,that a local government may contract
with another local government to perform governmental functions and services as defined therein;
WHEREAS, each governing body, in performing governmental functions or in paying for the
performance of governmental functions hereunder, shall make that performance or those payments
from current revenues legally available to that Party;
WHEREAS, the Parties find that the subject of this Agreement is necessary for the benefit of the
public and each has the legal authority to perform and to provide the governmental function or service
that is the subject matter of this Agreement;
WHEREAS, the design and construction of a joint emergency operation center ("Project") would
improve the ability of the Parties to communicate and cooperate with each other during disasters and
emergencies, thereby promoting public health, safety, and welfare; and
WHEREAS, the Parties wish to cooperate in the design and construction of the Project and now wish
to enter into an agreement to provide for the division of costs related to the design and construction of
the Project.
AGREEMENT
NOW THEREFORE, the Parties agree as follows:
1. County will participate in the Project in an amount of $750,000.00, unless increased by a
written amendment to this Agreement authorized by its governing body, for the design and
construction of the Project contemplated by this Agreement and will deposit $750,000.00 with City.
2. City will hire a firm to construct the Project and will use the money deposited by County to
pay the firm.
3. City will administer the Project and contracts relating to design, construction document
preparation, project bidding, contract award, construction, and construction inspection-l____
4. If City does not issue a notice to proceed to its contractor for con siiiQ ilico6F5 S tRD
Emergency Operations Center on or before February 1, 2011, then City shall rf,#" 5VA T Y
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Page I __.
$750,000.00 it deposited plus interest City received thereon, if any, provided that such refund shall be
subject to the approval of the City Council. Upon approval of refund by City Council the
$750,000.00 refund deposited by County with City plus interest City received thereon shall be
payable to County within ten(10)days of said approval by City Council.
5. If the Parties do not execute a separate agreement relating to the rights and duties of the
Parties relating to the joint use and governance of the Joint Emergency Operations Center on or
before February 1, 2011, the City shall be subject to refund County the $750,000.00 it deposited plus
interest City received thereon, if any, provided that such refund shall be subject to the approval of the
City Council. The Parties may extend the deadline of this Section 5 by written agreement of the
Parties.
6. County shall submit its amount specified above to City within forty-five (45) days of the
execution of this Agreement by the Parties. The obligations of City to execute the notice to proceed
to its contractor as provided in Section 4 above shall be subject to timely submission by County of its
proportional payment.
7. Purchases of goods, services, and real or personal property shall comply with the applicable
federal, state and local law.
8. The Parties do not intend for any third party to obtain a right by virtue of this Agreement.
9. By entering into this Agreement, the Parties do not intend to create any obligations expressed
or implied other than those set out herein; further, this Agreement shall not create any rights in any
party not a signatory hereto.
10. Nothing contained in this Agreement is intended by the Parties to create a partnership or joint
venture between the Parties and any implication to the contrary is hereby expressly disavowed. It is
understood and agreed that this Agreement does not create a joint enterprise, nor does it appoint any
Party as an agent of any other Party, for any purpose whatsoever.
11. This Agreement contains all the terms, commitments and covenants of the Parties pursuant to
this Agreement and the subject matter herein. Any verbal or written commitment not contained in
this Agreement or expressly referred to in this Agreement and incorporated by reference shall have no
force or effect.
12. The Parties agree that this Agreement shall be interpreted according to the laws of the State
of Texas and venue shall be proper exclusively in Tarrant County, Texas.
13. 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.
14. If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants
or conditions of this Agreement are for any reason held to be invalid, void or unenforceable, the
remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, or
conditions in this Agreement shall remain in full force and effect and shall in no way be affected,
impaired or invalidate.
Page 2
15. This Agreement becomes effective when signed by the last Party who's signing makes the
Agreement fully executed and remains in force and effect until the completion and acceptance of the
Project unless otherwise terminated.
16. Each Party shall make payments hereunder from current revenue available to the paying
party, and the absence of appropriated funds shall render the Agreement null and void to the extent
funds are not appropriated or available for purposes of this Agreement.
[SIGNATURES APPEAR ON FOLLOWING PAGE.]
Page 3
COUNTY OF TARRANT CITY OF FORT WORTH
STATE OF TEXAS
on a e B. ,(�,iC le Fisseler
County Judge l� Ci anager
APPROVED AS TO FORM: APPROVED AS TO FORM
AND LEGALITY:
District Att Y's Office* Leann D. Guzman
Assistant City Attorney
ATTEST: ATTEST:
�I p
04
00 0 c°,
�
p 'County qerk Marty Hendrix
City Secretary o
�o t' ° 0
* a°° ° AY Authorization: Authorization: - o 00 00 ° x�i
*By law, the District Attorney's Office may only advise or approve contract or legal documents on
behalf of its clients. It may not advise or approve contracts or legal documents on behalf of other
parties. Our review of this document was conducted solely from the legal perspective of our client.
Our approval of this document was offered solely for the benefit of our client. Other parties should
not rely on this approval and should seek review and approval by their own respective attorney(s).
Auditor Certification of Funds
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 4
FORTWORTH
INTEROFFICE MEMO
TO: Eric Carter, Emergency Management Office
FROM: Allison Tidwell, City Secretary's Office
DATE: November 4, 2010
SUBJECT: INTERLOCAL AGREEMENT FOR FUNDING OF THE JOINT
EMERGENCY OPERATIONS CENTER(M&C C-24557)
These documents are being forwarded to you for original signatures from Tarrant County. All
signed copies of the contract must be returned with original signatures for final processing.
Failure to return the documents will delay the final processing of the contract. Once we have
received all of the documents, we will assign a contract number. Thank you in advance for your
cooperation.
If you have any questions, please call me at 817-392-6090.
Attached: 4 sets
Page 1 of 1
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/26/2010
DATE: Tuesday, October 26, 2010 REFERENCE NO.: **C-24557
LOG NAME: 36TARRANTCOUNTYJEOC
SUBJECT:
Authorize an Interlocal Agreement Between the City of Fort Worth and Tarrant County for Funding of the
Joint Emergency Operations Center
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into an Interlocal Agreement
with the Tarrant County for Funding of the Joint Emergency Operations Center.
DISCUSSION:
On August 3, 2010 M&C G-17002 authorized the transfer of funds to the Specially Funded Capital
Projects Fund for the Joint Emergency Operations Center Enhancement Project.
This Interlocal Agreement for funding of the Joint Emergency Operations Center allows the County to
participate in the project in the amount of$750,000.00. The City will administer the Project and the
contracts relating to design, construction document preparation, project bidding, contract award,
construction, and construction inspection.
The City and Tarrant County will utilize the EOC during emergency incidents such as major hazmat
incidents, severe weather incidents and other possible disasters. The EOC will serve as a central
command area for the City and Tarrant County to effectively respond to a Chemical, Biological,
Radiological, Nuclear and Explosive (CBRNE)/Weapons of Mass Destruction (WMD)/terrorism incidents.
The design and construction of the joint emergency operation center will improve the abiltiy for the City to
communicate and cooperate with each other parties during disasters and emergencies.
FISCAL_INFORMATI.ON_/ CERTIFICATION:
The Financial Management Services Director certifies that the Fire Department is responsible for the
collection and deposit of funds due to the City.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by: Charles Daniels (6199)
Originating Department Head: Rudy Jackson (6805)
Juan Ortiz (6173)
Additional Information Contact: Eric Carter (2877)
ATTACHMENTS
1. Tarrant County Interlocal Agreement.PDF (Public)
httD:Happs.cfwnet.org/ecouncil/printmc.asp?id=14323&print=true&DocType=Print 11/3/2010