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HomeMy WebLinkAboutContract 27948 S ��Y THE STATE OF TEXAS COCITNTRCT KNOW ALL BY THESE PRESENTS 08-30-02 A08 :39 IN COUNTY OF TARRANT INTERLOCAL AGREEMENT This Interlocal Agreement ("Agreement") is made and entered into this 2 7 day of 6(q U,s�— 2002, by and between 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, 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 performance of this Agreement is in the common interest of both parties, that the undertaking will benefit the public and that the division of costs fairly compensates the performing party for the services of functions under this agreement; and NOW THEREFORE, the COUNTY and the CITY agree as follows: 1. From the date as of which both COUNTY and CITY have executed this Agreement until October 31, 2002, CITY grants COUNTY a non-exclusive license to use the south parking lot of LaGrave Field (such property being generally bounded by N.E. 5th Street, North Commerce Street and N.E. 4th Street and depicted in the map attached hereto as Exhibit "A", which is hereby made a part of this Agreement for all purposes) (the "Parking Lot") for County juror service parking to the extent that this utilization does not interfere with the current operations of LaGrave Field. During the term of this Agreement, COUNTY and CITY will negotiate in good faith a subsequent Interlocal Agreement that addresses the terms and conditions under which the COUNTY will use the Parking Lot on a more long-term basis. 2. COUNTY, at its sole cost and expense, agrees to provide all materials, labor, equipment and incidentals necessary to maintain this parking lot in its current condition. If COUNTY desires to undertake any construction work or to make any improvements to the Parking Lot, COUNTY will first obtain written approval from CITY of all plans and specifications related thereto. Additionally, COUNTY, at its sole cost and expense, agrees to provide all materials, labor, equipment and incidentals necessary for the erection of signage necessary for the parking of Tarrant County jury services; provided, however, that COUNTY shall obtain advance written approval from the CITY with respect to the size, appearance and location of any such signage. I�sOU Y �►5�I��Gt Y 1 3. COUNTY agrees to coordinate the activities described within this Agreement with the Fort Worth Cats Ball Club and LaGrave Field property management and any other authorized users of the Parking Lot. COUNTY will be solely responsible for the control and use of the Parking Lot by jurors, its employees and other members of the public utilizing the Parking Lot at COUNTY's invitation or on account of and in accordance with COUNTY's signage regarding the Parking Lot ("County Users"). 4. COUNTY shall provide CITY with evidence of liability insurance reasonably sufficient to CITY's Risk Manager covering use of the Parking Lot by County Users. COUNTY agrees that, as to claims incurred or damages suffered by County Users on the Parking Lot or on account of or related to their use of the Parking Lot, COUNTY's insurance shall be primary to any insurance coverage on the Parking Lot provided by CITY. 5. Nothing in the performance of this Agreement shall impose any liability for claims against COUNTY other than claims for which liability may be imposed by the Texas Tort Claims Act. 6. Nothing in the performance of this Agreement shall impose any liability for claims against CITY other than claims for which liability may be imposed by the Texas Tort Claims Act. 7. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. CITY agrees that COUNTY is relying upon CITY for notice to proceed with this Project, but COUNTY shall not be required to perform this Agreement within any time limit. 8. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. ATTEST COUNTY OF TARRANT IZ7 1 COUNTYbG rED M E , PRECINC FOUR IO. JOHNSON 2 APPROVED AS TO FORM ASSISTANT DISTRICT ATTORNEY 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 view 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). AUTHORIZED CITY OFFICIAL ATTEST CITY OF FORT WORTH f' BY AITYECR NAG APPROVED AS TO FORM AND LEGALITY c-�y2�s ASSISTANT CITY ORNEY ,?,2-7-a Z Contract Authorization Date 3 V Exhibit nA" �-- - S aPY .OLVAND,... -- s, rn121 �._._.....,.._, .w �"�."` `V , a� ;y g ) EgE� s A • ; 4t3 Pv>m F3 p-A'ltst"3£ft tins x _ ..1SN(dW'N " Tz z } IR 14 1101111 y.,.r..._.....,., T--IIlll it 11111 IP - +n' _ • i m �,� III I K. 1:11 it „U y� O r.L'M ti. z�..�, f ��� rte' »•,� >'E :;.. 80 mo CD CD V >> City of Fort Worth, Texas Mayor and Council Communication —J_ DATE REFERENCE NUMBER LOG NAME PAGE 8/27/02 C-19215 02PARKING 1 of 1 SUBJECT EXECUTION OF INTERLOCAL AGREEMENT WITH TARRANT COUNTY FOR USE OF CITY-OWNED PARKING LOT IN VICINITY OF NORTH FOURTH AND COMMERCE STREETS RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an interlocal agreement with Tarrant County for use of the City-owned south parking lot of LaGrave Field in the vicinity of North Fourth and Commerce Streets for a period from the date of execution to October 31, 2002. DISCUSSION: The Radio Shack subway parking lot located in downtown Fort Worth will be closing on Friday, August 30, 2002. Due to the closure of this parking lot, the availability of parking spaces in the downtown area will be significantly impacted. The attached interlocal agreement grants Tarrant County permission to use the City-owned south parking lot located at LaGrave Field for remote parking, from which Tarrant County intends to provide shuttle service to and from the Tarrant County Courthouse for jurors. During the term of this agreement, Tarrant County and the City will closely monitor the use and demand of the parking lot, and if necessary, will negotiate in good faith a subsequent interlocal agreement that addresses the terms and conditions under which Tarrant County will use the parking lot on a more long- term basis. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. CB:n Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Charles Boswell 6183 Originating Department Head: Charles Boswell 6183 (from) APPROVED 08/27/02 Additional Information Contact: Marisol Trevizo 6101 Peter Vaky 7601