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Home My WebLink AboutResolution 1998-038 RESOLUTION NO. 98-38 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager be, and is hereby, authorized to execute the attached Interlocal Agreement Relating to the Processing of Juvenile Offenders with Tarrant County. His act in executing said Interlocal Agreement shall be deemed to be the act and deed of the City. PASSED AND APPROVED this 14th day of September, 1998. APPROVED: C~~ Charles Scoma, Mayor ATTEST: ,",J" Á ' " !, , / el!,' c /, (. / (,/¿c(:>(')\... 'Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: ------ THE STATE OF TEXAS § COUNTY OF TARRANT § INTERLOCAL COOPERATION AGREEMENT RELATING TO THE PROCESSING OF JUVENILE OFFENDERS THIS INTERLOCAL COOPERATION AGREEMENT is made and entered into on this æ-AJay of J~ r ~, 1998. by and between the CITY OF NORTH RICHLAND HILLS, TEXAS, a municipal corporation located in Tarrant County, Texas (hereinafter referred to as "CITY"). and TARRANT COUNTY (hereinafter referred to as "COUNTY"). WIT N E SSE T H: WHEREAS, the Texas State Legislature has authorized the formulation of interlocal cooperation agreements between and among governmental entit!es; and WHEREAS. this Interlocal Agreement is made under the authority granted by and pursuant to V.T.C.A. Government Code, Chapter 791, known as the Interlocal Cooperation Act; and WHEREAS, CITY desires services relating to the processing of juVenile offenders; and WHEREAS, COUNTY is capable of providing such services, and WHEREAS, the governing bodies of each entity find that the project or undertaking is necessary for the benefit of the public and that each party has legal authority to provide the governmental function which is the subject matter of this Agreement; and WHEREAS, the governing bodies further find that the performance of this Agreement is in the common interest of both parties; and WHEREAS, the governing bodies, in paying for the performance of governmental functions or in performing such governmental functions, shall make payments therefore, if any, only from current revenues legally available to such party; NOW THEREFORE, FORAND IN CONSIDERATION of the mutual agreements contained herein, the parties do hereby agree as follows: I. ~ This agreement shall commence on the date first written above and continue for a period of one (1) year unless terminated in accordance with its terms. Thereafter, this Agreement may be renewed for additional one (1) year periods upon the mutual consent of the parties. 1 -- II. Responsibilities of County A. COUNTY shall process and handle all juveniles presented by CITY at the Scott D. Moore Juvenile Justice Center (2701 Kimbo Road, Fort Worth, Texas 76111) in accordance with the requirements of V.T.C.A., Family Code Chapter 58. My and all requirements imposed by V.T.C.A. Family Code Chapter 58 on CITY shall be performed by COUNTY on behalf of the CITY. These requirements shall include, bot not limited to, photographs and fingerprints of children, sealing of records, destruction of records, collection of information and reporting. B. COUNTY shall also enter any and all fingerprints acquired in performing services in accordance with this Agreement into the Automated Fingerprint Identification System (AFIS) through the Fort Worth Police Department. C. Further, COUNTY shall allow CITY access to any and all information and records obtained in performing services in accordance with this Agreement. Hereafter, the responsibilities described in Paragraphs A, B., and C. above shall be collectively referred to as the "services." III. Responsibilities of City CITY shall pay a total of Four Thousand Nine Hundred Forty Two and 11/100 Dollars ($4,942.11) to COUNTY in consideration of COUNTY's performance of the services. Payment to the COUNTY shall be made in one installment due and payable on September 30, 1998. CITY will not be required to make any payments to COUNTY when COUNTY is in default under this Agreemen~ nor shall this paragraph constitute a waiver of any right, at law or in equity, which CITY may have if COUNTY is in default, including the right to bring legal action for damages or for specific performance of this Contract. Waiver of any default under this Agreement shall not be deemed a waiver of any subsequent default. IV. Waiver of Immunity It is expressly understood and agreed that in the execution of this Agreement, neither CITY nor COUNTY waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. 2 V. Independent Contractor COUNTY covenants and agrees that it is an independent contractor and not an officer, agent, servant or employee of CITY; that COUNTY shall have exclusive control of an exclusive right to control the details of the work performed hereunder and all persons performing same, and shall be responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants; that thS" doctrine of the respondeat superior shall not apply as between CITY and COUNTY, its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between CITY and COUNTY. VI. County Property CITY shall in no way nor under any circumstances be responsible for any property belonging to COUNTY, its officers, members, agents, employees, subcontractors, licensees, or invitees, which may be lost, stolen, destroyed or in any way damaged. VII. County Liability COUNTY hereby assumes all liability and responsibility of the City, its officers, agents, servants and employees for any and all claims or suits for property loss or damage and/or personal injury, including death to any and all persons, of whatever kind or character, whether real or asserted, arising out of or in connection with the execution, performance, attempted performance or non-performance of this Agreement and/or the operations, activities and services described herein. Except as provided above, COUNTY shall not be responsible for any property belonging to CITY, its officers, members, agents, employees, subcontractors, licensees, or invitees, which may be lost, stolen, destroyed or in any way damaged. VIII. Default If either party hereto shall default in the performance of any of the terms or conditions of this Agreement, such defaulting party shall have thirty (30) days after delivery to such defaulting party of written notice of such default within which to cure such default. IX. Termination Either party may, at its option, with or without cause, and without prejudice to any remedy it may be entitled at law or in equity or otherwise under this Agreement, terminate this 3 Agreement in whole or in part, without penalty or liability, by giving at least sixty (60) days written notice to the other party. X. No other Oblioations By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. - XI. Successors and Assigns Both COUNTY and CITY each bind themselves, their successors, executors and assigns to the other party to this Agreement. Neither COUNTY nor CITY will assign, sublet, subcontract or transfer any interest in this Agreement without the written consent of the other party. No assignment, delegation of duties or subcontract under this Agreement will be effective without the prior written consent of the other party. XII. Venue The parties to this Agreement agree and covenant that this Agreement will be enforceable in Tarrant County, Texas; and that if legal action is necessary to enforce this Agreement, exclusive venue will lie in Tarrant County, Texas. XIII. Remedies No right or remedy granted herein or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted, but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition to be performed pursuant to this Agreement. XIV. Severability If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this Agreement are for any reason held to be invalid, void or unenforceable, the remainder of the term, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 4 XV. Applicable Law This Agreement is entered into subject to the City Charters and Ordinances of the City of North Richland Hills as they may be amended from time to time and is subject to and is to be construed, governed and enforced under all applicable laws of State of Texas and Federal law. Situs of this Agreement is agreed to be Tarrant County, Texas, for all purposes including performance and execution.. XVI. Entire Agreement This Agreement embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties relating to matters herein; and except as otherwise provided herein, cannot be modified without written agreement of the parties. XVII. Non-Waiver It is further agreed that one or more instances of forbearance by CITY or COUNTY in the exercise of its rights herein, shall in no way constitute a waiver thereof. XVIII. Authorization The undersigned officers and/or agents are properly authorized to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. TARRANT COUNTY By: Tom Vandergriff, County Judge ATTEST: By: Court Clerk 5 APPROVED AS TO FORM: By: Assistant District Attorney I .Ii. '~H' A // . Çl\ì\"-' , L.~./VI) '';/ < -).,,('......... . '. '~'-'Ý' <:> ~.-AÌìisT:··f\p\ :: Lc ' '.,. :: ::0' r :-\" :~~~,/-, '. h ./P~~ -;. , . - . 0 -- /~ J. . L- _ _ ~'~." uø&ø:~'~~ Patricia Hlì1son, City Secretary APPROVED AS TO FORM: CITY OF NORTH RICHLAND HILLS, TEXAS By: 6 ~:; Manager