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HomeMy WebLinkAboutContract 30718 I � 0. • _ �r-1�b THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT INTERLOCAL AGREEMENT This Agreement is made and entered into this /OY4 day of 2004, by and between the County of Tarrant, acting herein by and through its governing body, the Commissioners Court, hereinafter referred to as COUNTY, and the City of Fort Worth, acting herein by and through Marc Ott, its duly authorized Assistant City Manager, 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 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 which is the subject matter of this Agreement; and WHEREAS, each governing body finds that the performance of this Agreement is in the common interest of both parties 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 services described below; NOW THEREFORE, the COUNTY and CITY agree as follows: 1. The COUNTY agrees to provide the labor and equipment necessary to provide rehabilitation of the following roadway(hereinafter the project): (a) Meacham International Airport, located at 4201 N. Main Street for a distance of approximately 200,000 square feet. The work will include applying approximately 6,000 gallons of surface treatment to existing asphalt roadway. 2. The CITY agrees, at its sole option, to either deliver to the COUNTY all of the materials necessary and required for the rehabilitation of the roads, as described in paragraph 1 of this agreement, or to pay for the actual cost of the materials as incurred by the COUNTY including any delivery or freight costs. The CITY will provide a purchase order and will be billed directly by the material supplier. The COUNTY may accumulate and bill the CITY for incidental material cost. The total cost of the materials for the project shall not exceed $2,000. 3. The CITY agrees to provide the water necessary for these projects and to waive the cost of the deposit for the hydrant meter. 4. 4.1 The CITY agrees to pay for the cost of providing traffic control, and other incidentals and contingencies estimated in amounts not to exceed as follows: Meacham International Airport - $500. 5. The CITY agrees to the closing of each road for through traffic for the duration of the project or as deemed necessary by the COUNTY. 6. The CITY agrees that if a Storm Water Pollution Plan is required, the CITY will be responsible for the design/development of the Plan. The COUNTY will be responsible for the implementation and maintenance of the plan during the duration of the project. The CITY further agrees to pay for all cost associated with the implementation and maintenance of the plan. 7. The CITY agrees to notify the COUNTY within thirty days of the completion of a specific project of any complaint the CITY has with the project. 8. Nothing in the performance of this Agreement shall impose any liability for claims against the COUNTY other than claims for which the Texas Tort Claims Act may impose liability. TARRANFr COUNTY INTERLOCAL AGREEMENT MEACHAM INTERNATIONALAIRPORT Page 2 of 4 9. 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. 10. The parties to the Agreement do not intend for any third party to obtain a right by virtue of this Agreement. 11. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; furthermore, this Agreement creates no rights in persons not a party to this agreement. 12. This Agreement shall automatically terminate upon completion of the projects or one (1) year from the date of this agreement, which ever occurs first. 13. The County expressly waives its right to assert immunity from suit for a claim forming the basis of a suit between the City and County alleging a breach of this Agreement. The County does this as consideration for the City's offer to enter into this Agreement with the County. No third party may use this waiver in any way and no waiver of immunity in favor of a third party is intended by this Agreement. TAR-RANT COUNTY INTERLOCAL AGREEMENT fir• ._��-_,. . MEACI[AM INTERNATIONAL AIRPORT •1I : i`- Page 3oC4 �Jl l _ Attest: County of Tarrant Tom Vandergriff, Cou Ju *Approved as to Form: Assis a t District Attorney AD. Johns , Commissioner Precinct 4 * 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). At test: City o 0 B Marty Hendrix Marc O t City Secretary Assistant City Manager Approved as to Form and Legality: Approval Recommended: qo� �0✓ Assistant Oity Attorney Robert Goode, P. E., Director Transportation and Public Works :ontract Aut. or' zatioa Date TAR-RANT COUNTY fNTERLOCAL AGREEMENT MEACHAMINTERNATIONALAIR-PORT Page 4of4 � c•J�: City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/5/2004 DATE: Tuesday, October 05, 2004 LOG NAME: 55TARRANTCOUNTY REFERENCE NO.: C-20326 SUBJECT: Authorization to Enter into an Inter-Local Agreement with Tarrant County, Texas, in Order to Provide Necessary Repairs to Roadways at Meacham International Airport RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an inter-local agreement with Tarrant County, in order to provide assistance with necessary road repairs at Meacham International Airport DISCUSSION: The roadways at Meacham International Airport have deteriorated and it is necessary to seal the asphalt to prevent further deterioration. These surfaces are not eligible for Federal Funding Assistance under the Airport Improvement Program. Tarrant County has offered assistance with making the necessary repairs. Texas Government Code, Section 791.001-791.029 allows Tarrant County to assist with the repairs with equipment and personnel if the City of Fort Worth will provide the necessary materials. Staff desires to enter into an inter-local agreement with Tarrant County to facilitate the completion of repairs. Tarrant County will provide the necessary labor and equipment and the City will provide the necessary materials. The cost of repairs is estimated not to exceed $2,000. Staff is confident that with Tarrant County's assistance, these repairs will be accomplished in the most cost-efficient manner. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, in the Municipal Airports Fund. TO Fund/Account/Centers FROM Fund/Account/Centers PE40 523010 0551102 $2,000.00 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: Mike Feeley (5403) Additional Information Contact: Mike Feeley (5404) Loename: 55TARRANTCOIJNTY PaaP 1 of 1