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Ordinance No. 13,319ORDINANCE NO. 13,319 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR CONSTRUCTION OF A SIDEWALK AT THE SOUTHWEST CORNER OF PARK STREET AT THE EXISTING HARRIS COUNTY BUS TRANSFER LOCATION WEST OF THE INTERSECTION OF GARTH ROAD AND PARK STREET; AUTHORIZING PAYMENT OR AN IN-KIND MATCH IN AN AMOUNT NOT TO EXCEED FIVE THOUSAND FIVE HUNDRED TWELVE AND NO./ 100 DOLLARS ($5,512.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ********************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the City Manager to execute and the City Clerk to attest to the First Amendment to the Interlocal Agreement with Harris County for Construction of a Sidewalk at the southwest corner of Park Street at the existing Harris County bus transfer location west of the intersection of Garth Road and Park Street. A copy of said amendment is attached as Exhibit "A" and incorporated herein for all intents and purposes. Section 2: That the City Council of the City of Baytown, Texas, authorizes payment or an in -kind match in an amount not to exceed FIVE THOUSAND FIVE HUNDRED TWELVE AND N01100 DOLLARS ($5,512.00), pursuant to the amendment identified in Section 1 hereof. Section 3: This ordinance shall take effect immediately from and alts passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the it Council the City of Baytown this the 13`" day of October, 2016. i Y� WAJAW APPROVED AS TO FORM: t NACIO RAMIREZ, �SR., Ci _ A omey 0PYT0 W,y� S y DONCARLOS, Mayor 1%cobfs0111egal\KarenTilesiCity CouncROrdinances\2016 October I3TirstAmendment2HarrisCountySidewalklmprovementsProject .doc Exhibit "A" AMENDMENT TO THE AGREEMENT BETWEEN HARRIS COUNTY AND CITY OF BAYTOWN THE STATE OF TEXAS § COUNTY OF HARRIS § This First Amendment to the Agreement is made and entered into by and between Harris County (the "County "), a body corporate and politic under the laws of the State of Texas, acting by and through its governing body, the Harris County Commissioners Court, and the City of Baytown acting by and through its governing body ( "Baytown "). The County and Baytown are referred to herein collectively as "Parties" and individually as a "Party." Recitals In January 2013, the County and Baytown entered into an agreement (the "Master Agreement ") to provide for the installation of bus stop shelters at fixed route bus stops in Baytown The Parties now desire to amend the Master Agreement for the first time ( "First Amendment ") to clarify its renewal and extension and to provide for the construction of a sidewalk. Terms I. The Parties expressly acknowledge that the Master Agreement is incorporated herein by reference as though fully included word for word. II. The first renewal term of the Master Agreement starts upon execution of this First Amendment and shall remain in full force and effect for twelve (12) consecutive months. This Amendment may be renewed for four (4) additional one -year terms upon agreement of the parties. III. Baytown will build 15 shelters and sidewalks in "Sheltor. " construct a sidewalk in accordance with Exhibit A attached hereto and incorporated herein by reference. The construction on the sidewalks will be completed in accordance with the Cost Estimates attached hereto as Exhibit B and incorporated herein by reference. IV. All other terms and provisions of the Master Agreement shall remain in full force and effect. V. Baytown shall be responsible for 20% of the Local Match requirement in the amount of Five Thousand Five Hundred Twelve and No/Dollars ($5,512.00) for additional work to be done as described in this First Amendment. The local match must be remitted to Harris County or provided in the form of "in- kind" match. Having previously accepted responsibility in the Master Agreement for One Thousand Three Hundred Thirty-Seven and No/Dollars ($1,337.00), Baytown's total local match obligation under the Master Agreement and this First Amendment shall be Seven Thousand Forty -Nine and No/Dollars ($7,049.00). County shall reimburse Baytown within thirty (30) days after receipt of a reimbursement request that documents Baytown's satisfaction of the Local Match requirements to the satisfaction of the County. Baytown shall expend awarded funds in a consistent and timely manner. The County reserves the right to reduce any or all of the awarded funds due to untimely expenditure of said funds or Agreement non - compliance. Baytown understands and agrees that County shall not be liable under any circumstances or any interpretations hereof for any costs under the Agreement until the Grant Funds are actually received by the County and only to the extent that such monies are actually received and certified available for this Agreement by the County Auditor, as evidenced by the issuance of a Purchase Order for Twenty -Two Thousand Eight Hundred Forty -Eight and 17/Dollars ($22,848.17). In the event these Grant Funds are discontinued or reduced during the Agreement term, the County shall not be liable for payment of any funds above the actual Grant Funds the County receives. If such a discontinuation or reduction occurs and the Parties are unable to renegotiate the Agreement upon mutually, acceptable terms, Baytown's sole and exclusive remedy shall be to terminate this Agreement. Failure to certify funds or to certify sufficient funding or any reason shall not be considered a breach of the Agreement. Having previously certified Sixteen Four Hundred Seventy and No/Dollars ($16,470.00), the County's total liability under this Agreement and First Amendment shall be limited to Thirty -Nine Thousand Three Hundred Eighteen and 17/Dollars ($39,318.17). Baytown understands and agrees that the maximum the County shall become liable to pay shall not under any conditions, circumstances, or interpretations thereof exceed the amount contained in the Purchase Order, the amount which is expected to be available pursuant to the award of the Grant Fund for any purpose under this Agreement, except to the extent additional funds are expressly made available for such purposes by the Commissioners Court of Harris County, at its sole option, and the Harris County Auditor certifies the availability of such funds for such expenditures. If the County does not make available additional funds, the sole remedy for Baytown shall be termination under this Agreement. VI. Execution. Multiple Counterparts: This First Amendment may be executed in several counterparts. Page 2 of 3 Each counterpart is deemed an original. All counterparts together constitute one and the same instrument. Each Party warrants that the undersigned is a duly authorized representative with the power to execute this First Amendment. CITY OF BAYTOWN By: RICHARD L. DAVIS CITY MANAGER Date: APPROVED AS TO FORM: L'-fi Ignacio Ramirez, Sr. City Attorney HARRIS COUNTY By: DAVID B. TURKEL EXECUTIVE DIRECTOR, HARRIS COUNTY COMMUNITY SERVICES DEPARTMENT APPROVED AS TO FORM: VINCE RYAN COUNTY ATTORNEY i Page 3 of 3 Amy Samples Assistant County Attorney C.A. File 16GEN1115 EXHIBIT A (shelter locations) The City of Baytown will construct a sidewalk approximately 242 feet in length by approximately 10 feet in width on the southwest corner of Park Street at the existing Harris County bus transfer location west of the intersection of the Garth Rd and Park Street intersection at a cost not to exceed $27,560.17. EXHIBIT B (Project Cost Estimate) Exhibit A, Page Solo 8/25/2016 PARK STREET SIDEWALK PROJECT DESCRIPTION LENGTH WIDTH AREA (SQYD) VOLUME (cyd) UNIT COST COST SIDEWALK (SYD) 242 10 268.9 $ 5o.00 $13,444.44 RETAINING WALL(2FT HIGH X 1 FT FOOTING X LOIN WIDE) ** 242 3 80.7 $ 80.00 $6,453.33 RAMPS (EA) 4 10 $ 1,000.00 $4,000.00 DROP CURB 10 $ 25.00 $250.00 GRADING 242 20 350 $ 6.00 $2,100.00 CONTINGENCY 5% 1 1 1 1 1 $1,312.39 TOTAL ESTIMATE $27,560.17 ** COST OF RETAINING WALL CAN BE ELIMINATED IF THE OWNER OF THE PLAZA AGREES TO GRADING THE EXISTING BERM Exhibit B, Page Solo THE STATE OF TEXAS § COUNTY OF HARRIS § The Commissioners Court of Harris County, Texas, met in regular session at its regular term at the Harris County Administration Building in the City of Houston, Texas, on with all members present except A quorum was present. Among other business, the following was transacted: ORDER AUTHORIZING EXECUTION OF THE FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN HARRIS COUNTY AND CITY OF BAYTOWN Commissioner motion that the same be adopted. motion for adoption of the order prevailed by the following vote: Vote of the Court Judge Emmett Comm. Locke Comm. Morman Comm. Radack Comm. Cagle introduced an order and made a Commissioner seconded the The motion, carrying with it the adoption of the order, Yes No Abstain ❑ ❑ o The County Judge thereupon announced that the motion had duly and lawfully carried and that the order had been duly and lawfully adopted. The order adopted follows: IT IS ORDERED that: 1. The Harris County is authorized to execute on behalf of Harris County, the First Amendment to the Agreement between Harris County and the City of Baytown, to provide for the renewal of the Agreement for the construction of a sidewalk. The Amendment is incorporated herein as though fully set forth word for word. 3. All Harris County officials and employees are authorized to do any and all things necessary or convenient to accomplish the purpose of this Order.