HomeMy WebLinkAboutContract 59998CSC No. 59998
INTERLOCAL COOPERATION AGREEMENT
ESTABLISHING CONCURRENT ENFORCEMENT JURISDICTION BETWEEN
THE CITY OF EVERMAN
AND
THE CITY OF FORT WORTH
THE STATE OF TEXAS §
§ KNOW ALL BE BY THESE PRESENTS:
COUNTY OF TA RRANT §
THIS AGREEMENT ("Agreement") is made and entered into by the City of Everman,
Texas ("Everman"), a home rule municipality of the State of Texas, and the City of Fort Worth,
Texas ("Fort Worth"), a home rule municipality of the State of Texas (collectively, the "Parties"),
each acting by and through its duly appointed and authorized representatives.
WHEREAS, Section 791 of the Texas Government Code provides that governmental
entities of the State may contract with each other to provide governmental functions and
services to protect public health; and
WHEREAS, Fort Worth owns and has territorial jurisdiction over territory that is
contiguous to the jurisdictional limits of Everman; and
WHEREAS, the territory that constitutes the subject of this Agreement (the
"Territory") consists of roadways and areas within the territorial jurisdiction of Fort Worth.
The Territory is more fully described in Exhibit "A," which is attached hereto and made a
part hereof for all purposes.
WHEREAS, police officers' authority to make warrantless arrests is limited to their
geographical jurisdiction under common law and the Code of Criminal Procedure Chapter 14.
WHEREAS, Code of Criminal Procedure Article 14.03(g) was amended in 2005 to
expand a municipal officer's authority to make stops and arrests for traffic violations beyond
the city limits of the boundaries of any county in which the municipality is located.
NOW, THEREFORE, in consideration of the mutual promises and consideration provided
for herein, the receipt and sufficiency of which are hereby confirmed, Fort Worth and
Everman hereby agree to the following:
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The Territory that constitutes the subject of this Agreement is described in Exhibit "A,"
which is attached hereto and made a part hereof for all purposes.
2. SERVICES
Of and from the Effective Date of this Agreement, the Everman Police Department
shall have and assume concurrent jurisdiction for the purposes of enforcing state laws
under the Transportation Code, Code of Criminal Procedure, Penal Code, and Health
and Safety Code. Everman Police Officers will file fine -only misdemeanor cases within
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
the original jurisdiction of Fort Worth, Texas with the Tarrant County Justice of the Peace
Precinct 8. No arrests through immediate disposition of Subtitle C, Title 7,
Transportation Code will be authorized by Everman Police Officers in the original
jurisdiction of Fort Worth, Texas. Everman Police Officers will file misdemeanor and
felony non -fine cases with the Tarrant County Criminal District Attorney's Office.
Everman Police Officers will respond and assist the Fort Worth Police Department on
calls for service within this Territory, as staffing allows.
3. TERMINATION
Either Party may terminate this Agreement upon thirty days' written notice to the
other, provided, however, that termination shall not apply to any case pending on
the effective date of termination.
4. INDEPENDENT CONTRACTOR
The Parties agree that this Agreement is not a joint enterprise and neither is a
contractor, independent or otherwise, partner, or agent of the other.
5. PAYING FOR PERFORMANCE
Either Party paying for the performance of governmental functions or services under this
Agreement will make those payments from current revenues available to the paying
Party. This Agreement does not require an expenditure of City of Fort Worth funds;
however, the Parties agree that the Party paying for the performance of governmental
functions or services under this Agreement has been fairly compensated.
6. RIGHT TO AUDIT
Everman agrees that Fort Worth shall, until the expiration of three years after final
payment under this Agreement, or the final conclusion of any audit commenced during
the said three years, have access to and the right to examine at reasonable times any
directly pertinent books, documents, papers and records of the Everman involving
transactions relating to this Agreement at no additional cost to Fort Worth. Everman
agrees that Fort Worth shall have access during normal working hours to all necessary
Everman facilities and shall be provided adequate and appropriate workspace in order to
conduct audits in compliance with the provisions of this section. Fort Worth shall give
Everman reasonable advance notice of intended audits. Fort Worth and Everman
acknowledge and agree that such access under this section is subject to the limitations
and requirements of the Texas Public Information Act.
7. NOTICES
Notices required pursuant to the provisions of this Agreement shall be conclusively
determined to have been delivered when (1) hand -delivered to the other Party, c/o
the designated person listed below; or (2) received by the other Party by United
States Mail, registered, return receipt requested, addressed as follows:
City of Fort Worth City of Everman
ATTN: Fernando Costa ATTN: Craig Spencer
Assistant City Manager City Manager
200 Texas Street
Fort Worth, Texas 76102-6311
With Copy to the City Attorney
At same address
8. GOVERNMENTAL POWERS/IMMUNITIES
212 N Race Street
Everman, Texas 76140
With Copy to City Attorney
Victoria W. Thomas
Nichols Jackson LLP
500 N. Akard Street, Suite 1800
Dallas, Texas 75201
It is understood and agreed that by execution of this Agreement, neither the City of
Fort Worth nor the City of Everman nor the officers or employees thereof waives or
surrenders any of their governmental powers or immunities.
9. NO WAIVER
The failure of Fort Worth or Everman to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein shall not
constitute a waiver of Fort Worth's or Everman's respective right to insist upon
appropriate performance or to assert any such right on any future occasion.
10. GOVERNING LAWIVENUE
This Agreement shall be construed in accordance with the laws of the State of
Texas. If any action, whether real or asserted, at law or in equity, is brought
pursuant to this Agreement, venue for such action shall lie in state courts located in
Tarrant County, Texas or the United States District Court for the Northern District of
Texas, Fort Worth Division.
11. SEVERABILITY
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions shall not in any way
be affected or impaired
12. FORCE MAJEURE
Fort Worth and Everman shall exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement, but shall not be held liable for
any delay or omission in performance due to force majeure or other causes beyond
their reasonable control, including, but not limited to, compliance with any
government law, ordinance or regulation, acts of God, acts of the public enemy,
fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by
any governmental authority, transportation problems and/or any other similar
causes.
13. HEADINGS NOT CONTROLLING
Headings and titles used in this Agreement are for reference purposes only, shall not be
deemed a part of this Agreement, and are not intended to define or limit the scope of any
provision of this Agreement.
14. APPROVAL OF AGREEMENT
The governing bodies of Fort Worth and Everman have approved the execution of
this Agreement, and the persons signing the Agreement have been duly authorized
by the governing bodies of Fort Worth and Everman to sign this Agreement on
behalf of the governing bodies.
15. REVIEW OF COUNSEL
The Parties acknowledge that each Party and its counsel have reviewed and revised
this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting Party shall not be employed in
the interpretation of this Agreement.
16. AMENDMENTS
No amendment of this Agreement shall be binding upon a Party hereto unless such
amendment is set forth in a written instrument, which is executed by an authorized
representative of each Party.
17. ENTIRETY OF AGREEMENT
This Agreement, including Exhibit A, contains the entire understanding and
agreement between Fort Worth and Everman, their assigns, and successors in
interest as to the matters contained herein. Any prior or contemporaneous oral or
written agreement is hereby declared null and void to the extent it conflicts with any
provision of this Agreement.
18. COUNTERPARTS
This Agreement may be executed in one or more counterparts, and each counterpart
shall, for all purposes, be deemed an original, but all such counterparts shall
together constitute one and the same instrument.
4
Exhibit A
Everman Parkway between Oak Grove Rd. and S. Race St.
Shelby Rd. between S. Race St. and Rendon Rd.
S. Race St. between Everman Pkwy/Shelby and Oak Grove Shelby Rd.
1800 — 2000 Blocks of Oak Grove Shelby Rd.
8700 — 9200 Blocks of Oak Grove Rd.
To include: Family Dollar Store — 2400 Shelby Rd
EISD Administration — 1520 Everman Pkwy
Dan Powell Early Learning Academy — 8875 Oak Grove Rd
Roy Johnson Stem Academy — 8901 Oak Grove Rd.
Baxter Junior High — 3038 Shelby Rd.
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100 Block of Georgian Rd
7300 Block of Sheridan Rd
To include: EISD — E. Ray Elementary 7309 Sheridan Rd.
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ACCEPTED AND AGREED:
City of Fort Worth
By:
Name: Fernando Costa
Title: Assistant City Manager
Aug 8, 2023
Approval Recommended:
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
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By:
Name: Loraine Coleman
Title: Administrative Services Manager
Approved as to Form and Legality:
By:
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Name:
Robert A. Alldredge, Jr.
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Title:
Executive Assistant
Chief
By: ° "r,F�=,"„g . °231�..02CDr;
Name: Jerris Penrod Mapes
Attest:
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Title: Assistant City Attorney
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CONTRACT AUTHORIZATION:
By:
M&C:
Name:
Jannette S. Goodall
Date Approved:
Title:
City Secretary
Form 1295 Certification No.:
VENDOR:
CITY OF EVERMAN.
By:
Name: C.W. pe �er
Title: City Manager & Chief of Police
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX