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HomeMy WebLinkAboutContract 58589 CSC No. 58589 INTERLOCAL COOPERATION AGREEMENT ESTABLISHING CONCURRENT ENFORCEMENT JURISDICTION BETWEEN THE CITY OF LAKE WORTH AND THE CITY OF FORT WORTH THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT§ THIS AGREEMENT("Agreement")is made and entered into by the City of Lake Worth,Texas("Lake Worth"), 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. RECITALS 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 Lake Worth; 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 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 arrest 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 Lake Worth hereby agree to the following: 1. TERRITORY 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 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Lake Worth—Fort Worth Interlocal Agreement Page 1 1 Of and from the Effective Date of this Agreement, the Lake Worth 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. Lake Worth Police Officers will file fine-only misdemeanor cases within the original jurisdiction of Fort Worth, Texas with the Tarrant County Justice of the Peace Precinct 4. No arrests through immediate disposition of Subtitle C, Title 7, Transportation Code will be authorized by Lake Worth Police Officers in the original jurisdiction of Fort Worth,Texas. Lake Worth Police Officers will file misdemeanor and felony non-fine cases with the Tarrant County Criminal District Attorney's Office. Lake Worth 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 Lake Worth 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 Lake Worth involving transactions relating to this Agreement at no additional cost to Fort Worth. Lake Worth agrees that Fort Worth shall have access during normal working hours to all necessary Lake Worth facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. Fort Worth shall give Lake Worth reasonable advance notice of intended audits. Fort Worth and Lake Worth acknowledge and agree that such access under this section is subject to the limitations and requirements under 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 Lake Worth—Fort Worth Interlocal Agreement Page 1 2 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 Lake Worth ATTN: FERNANDO COSTA ATTN: STACEY ALMOND Assistant City Manager City Manager 200 Texas Street 3805 Adam Grubb St. Fort Worth,Texas 76102-6311 Lake Worth,Texas With Copy to the City Attorney With Copy to City Attorney At same address At same address 8. GOVERNMENTAL POWERS/IMMUNITIES It is understood and agreed that by execution of this Agreement, neither the City of Fort Worth nor the City of Lake Worth waives or surrenders any of their governmental powers or immunities. 9. NO WAIVER The failure of Fort Worth or Lake Worth 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 Lake Worth's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 10. GOVERNING LAW/VENUE 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 Lake Worth Court for the Northern Lake Worth 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 Lake Worth 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. Lake Worth—Fort Worth Interlocal Agreement Page 1 3 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 Lake Worth 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 Lake Worth 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 Lake Worth, 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. Lake Worth—Fort Worth Interlocal Agreement Page 14 EXECUTED in multiple originals on the dates shown below. CITY OF LAKE WORTH: Walter Bowen Mayor City of Lake Worth Date: )Z/ i %ZOZ21 0 .. ATTESTED BY: o<po�ii�s°''i,�';. Ho ly Fimbre City Secretary �''.,••S;'•..�q���..••' ����: City of Lake Worth ofye*4,`�� Stacey Almond J. o gian ief City Manager C of Police City of Lake Worth City of Lake Worth Date: 1 2/1 /ZUZL Date: zl ZL Lake Worth—Fort Worth Interlocal Agreement Page 5 CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the �- person responsible for the monitoring and By: administration of this contract, including Name: Fernando Costa ensuring all performance and reporting Title: Assistant City Manager requirements. Date: Dec 14) 2022 _ r By: Georgia Tucker(Dec 12,202212:25 CST) APPROVAL RECOMMENDED: Name: Georgia Tucker Title: Sr. Management Analyst By: Rob��ldr 14,202212:42 CST) APPROVED AS TO FORM AND Name: Robert A. Alldredge Jr. LEGALITY: Title: Executive Assistant Chief L�Lk= ATTEST: By: Nico Arias(Dec 12,202210:56 CST) Name: Nico Arias Title: Assistant City Attorney By; ette S.Goodall(Dec 15,2022 08 CST) Name: Jannette Goodall 44�an CONTRACT AUTHORIZATION: Title: City Secretary �boF FORtood� M&C:N/A pro o9.40 Date Approved:N/A ono o=o 0 0 � p° aol"loo d Form 1295 Certification No.: OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Lake Worth—Fort Worth Interlocal Agreement Page 16 EXHIBIT A 1) Northwest Interstate Loop 820 (Jim Wright Freeway) from the North Lake Worth City Limits to the Marine Creek Exit. a. Described as a four lane interstate highway, running east and west; including east and west access roads b. Consisting of approximately 1.5 miles 9 n f9 � n co (D� co N Marine Creek ��.or Lake Park SO, b �7. N. Rio n .c Ritchie Bro cti r <HealtticareD Texas Department FI-2-2-0-1 of Public Safety Lake Worth—Fort Worth Interlocal Agreement Page 7 EXHIBIT A 2) Northwest Interstate Loop 820 (Jim Wright Freeway) from the South Lake Worth City Limits to the east side of the Lake Worth Bridge (Cahoba Dr.). a. Described as a four lane interstate highway, running east and west; including east and west access roads b. Consisting of approximately 2.25 miles Beach Kohl's Q Ritc Murphy Express. ' \:\k aImart Supercenier v °7h.ej The Home Depot Lake Worth Lowe's Home Improvement O Jason's Deli=�l O Fun On TIie� (, Run Paintball&... Marion r Sansom Park Lake Worth—Fort Worth Interlocal Agreement Page 1 8 EXHIBIT A 3) State Highway 199 (Jacksboro Highway)from the West Lake Worth City Limits to the East Lakeside City Limits a. Described as a two lane divided state highway, running east and west; including east and west access roads b. Consisting of approximately 1.25 miles Love Circle Park OHO—O—O` VO—O Lake Worth Beach Lake Worth—Fort Worth Interlocal Agreement Page 19 EXHIBIT A 4) All public roadways contained within an area generally described within the following boundaries: a. South of Charbonneau St from Dakota Trail to SH 199 b. West of Northwest Centre from SH 199 to NW Loop 820 (Jim Wright Freeway) c. North of NW Loop 820 (Jim Wright Freeway)from Northwest Centre to Navajo Dr. d. East of Dakota Trail from NW Loop 820 (Jim Wright Freeway) to Charbonneau St. F Effie Morris Early Learning Academ\ \ Lake Worth Centel Charbonneau sN �rth No ng Bundt Cakes keout Lowe's Home -N-Out Burger c Improvement o s io Trail Best Buy BSI m Asse bly Q Camping World of Fort Worth;g ildwood Branch 4 RV dealer 0 Atwooc CL Ho . of Blades Q NW Centre Or Chedd 10 sc tehen Boom Jack's Grill & Bar Lakeview Apartments o\Wrl Lake Worth—Fort Worth Interlocal Agreement Page 10 EXHIBIT A 5) All public roadways contained within an area generally described within the following boundaries: a. In an area south of SH 199 and north of Northwest Interstate Loop 820, and b. Extending from the eastern and southern city limits of Lake Worth to the shoreline of Lake Worth t........... (i5�) ...................................................... Lake Worth Beach V ' Maurices Texa; of Pu Walmart Supercenter ake Worth„ ,. . .Camping World of Fort Worth �! Sansol © 9 0Ascenilak'e Worth CD Marion Sansom Park Lake Worth—Fort Worth Interlocal Agreement Page 11