Item 4F - Amendment No. 1 of Interlocal Agreement for West Continental Boulevard IntersectionSTATE OF TEXAS §
§ Amendment No. 1 of Interlocal Agreement
§ for West Continental Boulevard
COUNTY OF TARRANT § Intersection Improvements
BACKGROUND
Tarrant County ("COUNTY") and the City of Southlake ("CITY") entered into an Interlocal
Agreement approved by Tarrant County Commissioners Court Order No. 140390, for financial
support of up to $2,225,000.00, for the cooperative funding of improvements to two intersection
locations on West Continental Boulevard. The first location is at the intersection of West
Continental Boulevard at Davis Boulevard (FM 1938) and will also include improvements on
Union Church Road. The second location is at the intersection of West Continental Boulevard at
South Peytonville Avenue ("Project") as described in the 2021 Tarrant County Bond Program.
Therefore, the COUNTY and CITY agree to the following revisions. Paragraphs III, IV, and V
from the original Interlocal Agreement are repealed and replaced with the following language:
III.
TERM
This ILA shall become effective upon the approval of both parties and shall terminate on
September 30, 2027, unless terminated as described in Section XII in the original ILA or extended
in writing and approved by both parties.
IV.
FISCAL FUNDING ACKNOWLEDGEMENT
Tarrant County bond funds will be encumbered on a fiscal year basis in accordance with the
Certification of Available Funds shown herein. In the event no funds or insufficient funds are
appropriated and budgeted or are otherwise unavailable by any means whatsoever in any fiscal
period for payments due under this ILA Amendment, then the affected party will immediately
notify the other party of such occurrence and this Amendment may be terminated on the last day
of the fiscal period for which appropriations were received without penalty or expense to the
affected party of any kind whatsoever, except to the portions of annual payments herein agreed
upon for which funds shall have been appropriated.
V.
REIMBURSEMENT PROCESS
The COUNTY agrees to reimburse the CITY for 50% of the actual eligible PROJECT costs in
an amount not to exceed $2,225,000.00. Any reimbursement request from the CITY should
include: 1) a copy of the invoice or billing for design services, right-of-way acquisition purchase,
and construction; and 2) a copy of the check, a certification letter, or other documentation to verify
the CITY's proof of payment. The final reimbursement payment to the CITY will be contingent
upon the City Manager or Mayor providing written notification to the COUNTY that the project
is complete along with identification of final project costs. COUNTY bond funds for the Project
are allocated as follows:
Interlocal Agreement Amendment No. 1— 2021 TBP — West Continental Boulevard Intersection
Improvements Project Page 1
Countv Payment by Phase*
Design: $0.00
ROW Acquisition: $0.00
Construction: $2,225,000.00
TOTAL: $2,225,000.00
TBP Funding Category: 2021 Call for Projects
* Reimbursement payments will be issued by the COUNTYfor eligible expenses incurred
during the Fiscal Year for which bond funds are certified by the Tarrant County Auditor.
The CITY understands that the CITY will be responsible for cost overruns and any other
expenses incurred by the CITY in performing the services described herein. The CITY agrees that
the COUNTY retains control over when reimbursement payments will be disbursed to the CITY.
In addition to the foregoing replacement language, Attachment A is removed and deleted from
the original Interlocal Agreement in full. All other paragraphs, terms and language outside of
paragraphs III, IV, and V as well as Attachment A remain unchanged and in effect.
APPROVED on this day the day of
TARRANT COUNTY, TEXAS
Tim O'Hare, County Judge
APPROVED AS TO FORM:
Criminal District Attorney's Office*
, 2024, by Tarrant County.
Commissioners Court Order No.
CITY OF SOUTHLAKE
Shawn McCaskill, Mayor
City Attorney
City Secretary (If applicable)
Interlocal Agreement Amendment No. 1— 2021 TBP — West Continental Boulevard Intersection
Improvements Project Page 2
* By law, the Criminal District Attorney's Office may only approve contracts for its clients. We reviewed
this document as to form from our client's legal perspective. Other parties may not rely on this approval.
Instead, those parties should seek contract review from independent counsel.
CERTIFICATION OF AVAILABLE FUNDS IN THE AMOUNT OF:
$ as follows:
Fiscal year ending September 30, 2024: $269,696.00 2021 TBP Call for Projects — Pct 3
Auditor's Office
Interlocal Agreement Amendment No. 1— 2021 TBP — West Continental Boulevard Intersection
Improvements Project Page 3