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Contract 30606
'-y OF-r9ETARY ©1dTR,AC t NO . THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT INTERLOCAL AGREEMENT This Agreement is made and entered into this �--9/S�day of 2004, by and between the County of Tarrant, acting herein by and through i s governing body, the Commissioners Court, hereinafter referred to as COUNTY, and the City of Fort Worth, hereinafter referred to as CITY, both of Tarrant County, State of Texas, witnesseth: WHEREAS, this Agreement is made under the authority of Sections 791.001- 791.029, Texas Government Code; and 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; 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; and WHEREAS, each governing body agrees to share in the cost of the construction services (Construction Services") described below. NOW THEREFORE, the COUNTY and CITY agree as follows: 1. The COUNTY agrees to provide Construction Services for the routine repair and maintenance of the existing roadway surface on North Tarrant Parkway from U.S. Highway 377 west to Fossil Ridge High School. This repair and maintenance will not include comprehensive rehabilitation or reconstruction. 2. The COUNTY agrees to pay for the cost of the materials, labor, equipment, supplies, and flagmen, as necessary for any maintenance and repair of North Tarrant Parkway, as specified in paragraph I of this agreement. 3. The CITY agrees to the closing of the road for through traffic for the duration of the project or as deemed necessary by the COUNTY. 4. Nothing in the performance of this Agreement shall impose any liability for claims against the COUNTY other than claims for which liability may be imposed by the Texas Tort Claims Act. 5. Nothing in the performance of this Agreement shall impose any liability for claims against the CITY other than claims for which liability may be imposed by the Texas Tort Claims Act. 6. The parties to the Agreement do not intend for any third party to obtain a right by virtue of this Agreement. 7. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. 8. This Agreement shall automatically terminate upon execution of the construction contract to widen North Tarrant Parkway or one (1) year from the date of this agreement, whichever is first. COUNTY OF TARRANT i County Judge Tom Van/br ff ATTEST: B. en itley, Commissioner ecinct 3 APPROVED .�$ TO FORM, * Distritorney CITY OF FORT WORTH ATTEST: Marc Ott, ssistant Manager for Infrast cture Services Contract Authorization l �]— nate APPROVED AS TO FORM AND LEGALITY ity Attorney * By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document 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). City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/7/2004 DATE: Tuesday, September 07, 2004 LOG NAME: 20NTP REFERENCE NO.: **C-20252 SUBJECT: Interlocal Agreement with Tarrant County for the Maintenance and Repair of North Tarrant Parkway from US Highway 377 West to Fossil Ridge High School RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an Interlocal Agreement with Tarrant County to provide maintenance and repair on North Tarrant Parkway from US Highway 377 West to Fossil Ridge High School at no cost to the City. DISCUSSION: Tarrant County has agreed to enter into an Interlocal Agreement to provide maintenance and repair on North Tarrant Parkway from US Highway 377 west to Fossil Ridge High School. This repair and maintenance will not include comprehensive rehabilitation or reconstruction. Under this agreement, Tarrant County will provide and pay for the cost of all the necessary labor, equipment and material to perform this work as it has done annually since May 2001. The City agrees to close the road to through traffic for repair and maintenance as deemed necessary by Tarrant County. The agreement shall automatically terminate upon execution of the construction contract to widen North Tarrant Parkway or one (1) year from the date of the execution of this agreement, whichever is first. This project is located in COUNCIL DISTRICT 4. FISCAL INFORMATION/CERTIFICATION: The Finance Directror certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office_bMarc Ott (6122) Od natin_g_Department Head: Robert Goode (7801) Additional Information Contact: George Behmanesh (7914) Logname: 20NTP Page 1 of l