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CONTRACT
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THE STATE OF TEXAS .>(
COUNTY OF TARRANT
INTERLOCAL AGREEMENT
This INTERLOCAL COOPERATION AGREEMENT ("Agreement") is entered into by and
between the CITY OF FORT WORTH a home rule municipal corporation organized under the laws
of the State of Texas and located in Tarrant, Denton and Wise Counties, acting by and through its duly
authorized City Manager, hereinafter referred to as "City" and the COUNTY OF TARRANT
("County"), a county organized under the laws of the State of Texas acting herein by and through its
governing body, the Commissioners Court hereinafter referred to as "County".
RECITALS
The City and County hereby agree that the following statements are true and correct and constitute the
basis upon which the City and County have entered into this Agreement:
WHEREAS, this Agreement is made under the authority granted by and pursuant to Chapter
791 of the Texas Government Code; and
WHEREAS, each governing body, in performing government functions or in paying for the
performance of governmental functions hereunder, shall make the performance 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 that each has the legal authority to perform and to provide the government
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 these services described
below, and
WHEREAS, the performance of this Agreement by both the City and County will be in the
common interest of both parties and will benefit the general public.
NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for
other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the parties agree as follows:
1.
City agrees to design, develop bid specifications, bid, award bid(s) and provide project oversight and
management for two (2) Fort Worth Prototype Playgrounds (see attached exhibit) to be located at Ech
Lake Park, a County park located within the boundaries of Fort Worth. City will rovr e.a;ce
invoice at the completion of the project.
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2.
County will reimburse the City up to $170,000 only for the Parks and Community Services' capital
improvement program costs associated the with the design, development of bid specifications, bidding,
award bid(s) and provide project oversight and management for the two (2) playground prototypes in
Echo Lake Park. In the possible event that the turn key price exceeds $170,000 the City agrees to meet
with the County and agree to a mutually agreeable reduction in the scope of construction to insure that
the project costs do not exceed the $170,000.
3.
Upon completion of the project, County shall be responsible for maintenance of the playground unless
mutually agreed to by the parties otherwise in future agreements
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. 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.
5.
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.
6.
All written notices called for or required by this Agreement shall be addressed to the following, or such
other party or address as either party designates in writing, by certified mail, postage prepaid, or by
hand delivery:
City: County:
Attn: Director Roy C. Brooks
Parks and Community Services Dept. County Commissioner, Pct. 1
4200 South Freeway 6551 Granbury Road
Fort Worth, Texas 76115 Fort Worth, Texas 76133
with a copy to: with a copy to:
Attn: City Attorney Jay L. Singleton
City Attorney's Office Assistant County Administrator
1000 Throckmorton 100 E. Weatherford Street
Fort Worth, Texas 76102 Fort Worth, Texas 76196
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7.
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.
8.
This Agreement will be subject to all applicable federal, state and local laws, ordinances, rules and
regulations, including, but not limited to, all provisions of the City's Charter and ordinances, as
amended.
9.
The failure of either party to insist upon the performance of any term or provision of this Agreement or
to exercise any right granted hereunder shall not constitute a waiver of that party's right to insist upon
appropriate performance or to assert any such right on any future occasion.
10.
If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this
Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas. This
Agreement shall be construed in accordance with the laws of the State of Texas.
11.
The provisions and conditions of this Agreement are solely for the benefit of the City and County and
are not intended to create any rights, contractual or otherwise, to any other person or entity.
12.
It is expressly understood and agreed by the parties to this Agreement that if the performance of any
obligations hereunder is delayed by reason of war, civil commotion, acts of God, inclement weather,
governmental restrictions, regulations, or interferences, or delays caused by unforeseen construction or
site issues, fire or other casualty, court injunction, necessary condemnation proceedings, acts of the
other party, its affiliates/related entities and/or their contractors, or any actions or inactions of third
parties or other 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 or not ("Force Majeure"), the party so obligated
or permitted shall be excused from doing or performing the same during such period of Force Majeure,
so that the time period applicable to such performance shall be extended for a period of time equal to
the period such party was delayed due to the event of Force Majeure.
13.
In the event of any dispute over the meaning or application of any provision of this Ao cement, this
Agreement shall be interpreted fairly and reasonably, and neither more strongly f
party, regardless of the actual drafter of this Agreement. r ., -,L 'a.
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14.
Captions and headings used in this Agreement are for reference purposes only and shall not be deemed
apart of this Agreement.
15.
This Agreement, including any exhibits attached hereto and any documents incorporated herein by
reference, contains the entire understanding and agreement between the City and County as to the
matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared
null and void to the extent in conflict with any provision of this Agreement.
16.
This Agreement may be executed in multiple counterparts, each of which shall be considered an
original, but all of which shall constitute one instrument.
SIGNED AND EXECUTED this day of 12005
Court Order_�yL071
COUNTY OF TARRANT
STATE OF TEXAS 4CITF RT WORTH, TEXAS
f
Honorable Tom Vandergriff -ffAssistant dty Manager
County Judge
contract Authorizatiost
APPROVED AS TO FORM: ATTEST: LQ��
Date
District Atto s Office* City Secretary
CERTIFICATION OF AVAILABLE FUNDS: APPROVED AS TO FORM:
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45100-2005-6880100000-540000 $ / 70, 000
i Assistant Ci Alt mey
Tarrant County Auditor
*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 p shouluno rr.
this approval and should seek review and approval by their own respective attorney(s).
CITY MC-21PHAW
T � INHH, TOR.
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/21/2005 - Ord. No. 16480-06-2005
DATE: Tuesday, June 21, 2005
LOG NAME: 80ECHOPLAYGROUN REFERENCE NO.: C-20808
SUBJECT:
Authorization to Enter into an Interlocal Agreement with Tarrant County to Construct Two
Playgrounds at Echo Lake Park and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to enter into an interlocal agreement with Tarrant County for the
construction of two playgrounds at Echo Lake Park at a cost to the County not to exceed $170,000; and
2. Adopt the appropriation ordinance increasing estimated receipts and appropriations in the Park
Improvement Fund by $170,000 pending execution of the interlocal agreement.
DISCUSSION:
Tarrant County has requested the services of the Park and Community Services Department (PACSD) to
construct two playgrounds at the county owned Echo Lake Park. The park is adjacent to the Worth Heights
Community Center and is host to a number of youth athletic leagues in the area. The County requested the
services of the PACSD based on their expertise in constructing these types of park amenities.
The scope of work includes conducting meetings to seek public input to select the preferred playground
prototype(s). The PACSD will prepare construction drawings and bid documents, advertise for bid, and
oversee construction. Tarrant County has agreed to reimburse the City's entire effort at a cost not to
exceed $170,000 which is typical of the average cost of these type of projects. The PACSD will be
responsible for collecting the reimbursement from Tarrant County.
Ongoing maintenance and repair of these playgrounds will be the responsibility of Tarrant County.
Echo Lake Park is located in District 9.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval and completion of recommendation No. 1 and the
adoption of an appropriation ordinance, funds will be available in the current capital budget, as
appropriated of the Parks Improvement Fund.
Logname: 80ECHOPLAYGROLJN Page 1 of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
C188 541200 080188900040 $170,000.00
Submitted for City Manager's Office b Libby Watson (6183)
Originating Department Head: Randle Harwood (Acting) (5704)
Additional Information Contact: Harold Pitchford (Acting) (5728)
Logname: 80ECHOPLAYGROUN Page 2 of 2