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HomeMy WebLinkAboutResolution 1998-025 RESOLUTION NO. 98-25 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS, that: 1, The Mayor be, and is hereby, authorized to execute the attached Fire Personnel Interloca/ Agreement for Central Recruiting between this City and the cities of Bedford, Euless, Colleyville, Grapevine, Keller and Rich/and Hills, as the act and deed of the City of North Richland Hills, Texas. PASSED AND APPROVED this 8th day of June, 1998. APPROVED: ~fs4m~ ATTEST: / ;' (./( ./ ~ lit. (.3,O"\... P"atricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: //~ .//7 /" ,// / / /1'",,", / / // -'---~ APPROVED AS TO CONTENT: ~ ª~~ útj- I :h I Andy Jones, Fire ief , \ The State of Texas: CENTRAL RECRUITING FOR FIRE PERSONNEL INTERLOCAL AGREEMENT County of Tarrant: This agreement is entered into by and between the Cities of Bedford, Colleyville, Euless, Grapevine, Haltom City, Keller, North Richland Hills, Richland Hills, all of Tarrant County, Texas and Trophy Club, and Trophy Club Municipal Utility District, of Denton County, Texas (hereinafter referred to as "Cities") pursuant to the authority granted by the Interlocal Cooperation Act, Chapter 791 Texas/Government Code. WHEREAS, there is a need for cooperation in the recruitment of fire personnel; and WHEREAS, Cities have determined that the most economical and effective method for attracting and hiring qualified personnel for fire department positions is through an agreement establishing a joint effort; and, WHEREAS, Cities desire to enter into this Agreement to provide for the recruitment, investigation and testing of applicants for fire department positions; and, WHEREAS, each party if authorized to perfonn the services contemplated herein; NOW THEREFORE, WITNESSETH: In consideration of the mutual covenants and the term and conditions hereinafter set forth, Cities agree as follows: 1. Cities agree to develop, implement, and maintain a central recruiting program for fire personnel. which may include a background investigation, testing and the creation of one or more eligibility lists. 2. A committee composed of the Fire Chief in conjunction with Human Resources of each City, or their designated agent, shall oversee the joint recruiting process. The Committee shall establish minimum requirements for applicants for fire department positions, and shall agree on which City shaH assume responsibility for various tasks, resources, and services such as record keeping, printing, testing facility, etc. Each City shall equally fund outside expenses, which are unanimously agreed on associated with the central recruiting process, such as brochure development and advertisement. All of such payments shall be made from current revenues available to the paying City. A recruiting brochure will be developed by the Committee. Any requirement that an individual City might have that is over and above the minimum requirements for applicants shall be specified by attachment to the recruiting brochure. Each City shall use a common form for applicants and all such applicants shall be forwarded to the Committee. The Committee may unanimously promulgate such rules and regulations, including but not limited to the type of testing, both physical, and psychological, as may be desirable for the operation of the central recruiting process. Testing shall be done in a manner, which complies with the legal requirements of Fire and Police Civic Service La\v and other statutes applicable to any City covered by this Agreement. 3. While any employee of the Cities is working on tasks associated with or for the central recruiting process, such employee shall continue to be an employee of the City for which the employee works on duties that do not include the central recruiting process and shall be considered to be under the command of the Committee. 4. In performing duties under the Agreement, each party will comply with all necessary Federal. State and local laws, regulations and ordinances. 5. The party regularly employing the employee assigned central recruiting tasks shall pay all wages and disability payments, pension payments and payments for damages to equipment and clothing of that employee while he or she is involved in activities pursuant to this Agreement the same as though the services had been rendered within the jurisdiction wherein the employee is regularly employed. 6. A City that is a party to this Agreement may withdraw from this Agreement only after providing not less than thirty(30) days written notice of withdrawal to the other participating Cities. The Agreement may be amended or terminated at any time by mutual agreement of the Cities. Withdrawal by any City shall not invalidate the Agreement as far as the remaining Cities are concerned. 7. In the event that any person performing services pursuant to this Agreement shall be cited as a party to a State or Federal civil lawsuit arising out of the performance of those services, that person shall be entitled to the same benefits that he or she would be entitled to receive if such civil action had arisen out of the performance of his or her duties as member of the department where he or she is regularly employed and in the jurisdiction of the party by which that person is regularly employed. 8. Each City does hereby waive all claims against and agree to release every other City, its tire department, officials, agents, officers, and employees in both their public and private capacities, from and against any and all claims, suits, demands, losses, damages, causes of action and liability of every kind, including but not limited to court costs and attorneys fees, which may arise due to any death or injury to any person, or the loss of, dan1age to, or loss of usage of any property, arising out of or occurring as a consequence of the performance of this Agreement whether such injuries, death, or damages are caused by the sole negligence or the sole negligence or the joint negligence of any City, its officials, agents, officers, and employees. It is the express intention of the parties hereto that the waiver and release provided for in this paragraph includes claims arising out of such other City's own negligence, whether that negligence is a sole or a concurring cause of the injury, death or damage. 9. It is expressly understood and agreed that, in the execution of the Agreement, no City waives, nor shaJl 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. 10. Each City agrees that if legal action is brought under this Agreement, exclusive venue shall lie in Tarrant County, Texas and construction of its terms or provisions, as well as the rights and duties of the Cities hereunder, shall be governed by the laws of the State of Texas. II. This Agreement may be amended or modified only by the mutual written agreement of the Cities. 12. This Agreement contains all commitments and agreements of the Cities, and oral commitments not contained herein shall have no force or effect to alter any term or condition of this Agreement. 13. Should all the named cities in this Agreement not duly authorize and execute this Agreement by June 10, 1998, then this Agreement shall only be in effect as to those cities who have duly authorized and executed this Agreement on first reading by their Council. Thereaf1er, any of the remaining named cities to this Agreement who have not duly authorized and executed this Agreement by June 10, 1998 shall not be allowed to participate in this Agreement without the express written consent of all cities who have duly authorized and executed this Agreement. IN WITNESS WHEREOF, the parties hereto have executed multiple copies of this Agreement to be effective upon execution and dating by each City, a fully executed copy of which shall be furnished to the City Secretary of each City. The Agreement shall be effective until 12:00 P.M. June 10,2000 and thereafter such agreement shall be automatically renewed for successive two year terms unless terminated by notice to all participating Cities given at least 30 days prior to expiration of the then current term. APPROVED BY THE CITY OF BEDFORD, TEXAS By: Date: APPROVED AS TO FORM AND LEGALITY: City Attorney ****************************************************************************** APPROVED BY THE CITY OF COLLEYVILLE, TEXAS By: Date: APPROVED AS TO FORM AND LEGALITY: ------ City Attorney ****************************************************************************** APPROVED BY THE CITY OF EULESS, TEXAS By: Date: APPROVED AS TO FORM AND LEGALITY: City Attorney ****************************************************************************** By: Date: APPROVED BY THE CITY OF HALTOM CITY, TEXAS Â~ . , .~ ~ - -5 _Cj ¥ APPROVED AS TO FORM AND LEGALITY: &Jt~ City Attorney ****************************************************************************** APPROVED BY THE CITY OF KELLER, TEXAS By: Date: APPROVED AS TO FORM AND LEGALITY: City Attorney ****************************************************************************** APPROVED BY THE CITY OF NORTU RICHLAND HI LS, TEXAS . ! ¡ -;- /"f .."!II' By: Date: /Î APPMV¡;'Ú AS 9fQRM ~LE~HY I¡ C Zit /{ City tto Y ****************************************************************************** RESOLUTION NO. 98-25 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The Mayor be, and is hereby, authorized to execute the attached Fire Personnel Interlocal Agreement for Central Recruiting between this City and the cities of Bedford, Euless, Colleyville, Grapevine, Keller and Richland Hills, as the act and deed of the City of North Richland Hills, Texas. PASSED AND APPROVED this 8th day of June, 1998. APPROVED: ~~m~ ATTEST: -:1 I '/, ,. í(/ l (. i l,(..~ i,- (.I ' " " / . ft. t. "..1-( ) \.., " Patricia Hutson, City Secretary --~ .---- APPROVED AS TO CONTENT: ~Quli.~, Andy Jones, Fire ief The State of Texas: CENTRAL RECRUITING FOR FIRE PERSONNELINTERLOCALAGREEMENT County of Tarrant: This agreement is entered into by and between the Cities of Bedford, Colleyville. Euless. Grapevine. Keller. North Richland Hills. Richland Hills. all of Tarrant County. Texas (hereinafter referred to as "Cities") pursuant to the authority granted by the Interlocal Cooperation Act. Chapter 791 Texas/Government Code. \VHEREAS. there is a need for cooperation in the recruitment of fire personnel: and WHEREAS. Cities have detennined that the most economical and effective method for attracting and hiring qualified personnel for fire department positions is through an agreement establishing a joint effort; and, \\lHEREAS, Cities desire to enter into this Agreement to provide for the recruitment. investigation and testing of applicants for fire department positions: and, WHEREAS, each party if authorized to perform the services contemplated herein; NOW. THEREFORE. WITNESSETH: In consideration of the mutual covenants and the term and conditions hereinafter set forth, Cities agree as follows: 1. Cities agree to develop, implement, and maintain a central recruiting program for fire personnel, which may include a background investigation, testing and the creation of one or more eligibility lists. 2. A committee composed of the Fire Chief in conjunction with Human Resources of each City, or their designated agent, shall oversee the joint recruiting process. The Comminee shall establish minimum requirements for applicants for fire department positions, and shall agree on which City shall assume responsibility for various tasks. resources. and services such as record keeping, printing. testing facility, etc. Each City shall equally fund outside expenses. which are unanimously agreed on associated with the central recruiting process, such as brochure development and advertisement. All of such payments shall be made from current revenues available to the paying City. A recruiting brochure will be developed by the Comminee. Any requirement that an individual City might have that is over and above the minimum requirements for applicants shall be specified by anachment to the recruiting brochure. Each City shall use a common form for applicants and all such applications shall be forwarded to the Comminee. The Committee may unanimously promulgate such rules and regulations, including but not limited to the type of testing, both physical. and psychological, as may be desirable for the operation of the central recruiting process. Testing shall be done in a manner. which complies \\-;th the legal requirements of Fire and Police Civic Service Law and other statutes applicable to any City covered by this Agreement. 3. Vv'hile any employee of the Cities is working on tasks associated with or for the central recruiting process, such employee shall continue to be an employee of the City for which the employee works on duties that do not include the central recruiting process and shall be considered to be under the command of the Comminee. 4. In performing duties under the Agreement. each party will comply with all necessary FederaL State and local laws, regulations and ordinances. 5. The party regularly employing the employee assigned central recruiting tasks shall pay all wages and disability payments, pension payments and payments for damages to equipment and clothing of that employee while he or she is involved in activities pursuant to this Agreement the same as though the services had been rendered within the jurisdiction wherein the employee is regularly employed. 6. A City that is a party to this Agreement may withdraw from this Agreement only after providing not less than thirty (30) days wTÌnen notice of withdrawal to the other participating Cities. The Agreement may be amended or terminated at any time by mutual agreement of the Cities. Withdrawal by any City shall not invalidate the Agreement as far as the remaining Cities are concerned. 7. In the event that any person perfonning services pursuant to this Agreement shall be cited as a party to a State or Federal civil lawsuit arising out of the perfonnance of those services, that person shall be entitled to the same benefits that he or she would be entitled to receive if such civil action had arisen out of the performance of his or her duties as a member of the department where he or she is regularly employed and in the jurisdiction of the party by which that person is regularly employed. 8. Each City does hereby waive all claims against and agree to release every other City, its fire department. officials, agents, officers, and employees in both their public and private capacities, from and against any and all claims, suits, demands, losses, damages, causes of action and liability of every kind. including but not limited to court costs and anorney's fees. which may arise due to any death or injury to any person. or the loss of, damage to, or loss of usage of any property, arising out of or occurring as a consequence of the perfonnance of this Agreement whether such injuries. death, or damages are caused by the sole negligence or the joint negligence of any City, its officials, agents. officers. and employees. It is the express intention of the parties hereto that the waiver and release provided for in this paragraph includes claims arising out of such other City's OWl1 negligence, whether that negligence is a sole or a concurring cause of the injury, death or damage. 9. It is expressly understood and agreed that, in the execution of the Agreement, no City waives, nor shall be deemed hereby to waive any immunity or defense that would othemise be available to it against claims arising in the exercise of governmental powers and functions. 10. Each City agrees that if legal action is brought under this Agreement. exclusive venue shall lie in Tarrant County, Texas and construction of its terms or provisions, as well as the rights and duties of the Cities hereunder, shall be governed by the laws of the State of Texas. 11. This Agreement may be amended or modified only by the mutual written agreement of the Cities. 12. This Agreement contains all commitments and agreements of the Cities, and oral commitments not contained herein shall have no force or effect to alter any term or condition of this Agreement, 13. Should all the named cities in this Agreement not duly authorize and execute this Agreement by June 10, 1998, then this Agreement shall only be in effect as to those cities who have duly authorized and executed this Agreement on first reading by their Council. Thereafter, any of the remaining named cities to this Agreement who have not duly authorized and executed this Agreement by June 10, 1998 shall not be allowed to participate in this Agreement without the express v.TÍtten consent of all cities who have duly authorized and executed this Agreement. IN WIThESS \VHEREOF, the parties hereto have executed multiple copies of this Agreement to be effective upon execution and dating by each City, a fully executed copy of which shall be furnished to the City Secretary of each City. The Agreement shall be effective until 12:00 P,M, June 10. ::WOO and thereafter such agreement shall be automatically renewed for successive two year terms unless terminated by notice to all participating Cities given at least 30 days prior to expiration of the then current term. APPROY.E.Q...bS TO FORM AND LEGALITY: ~ L~/::;~~ City Attorney , APPROVED BY THE CITY OF BEDFORD, TEXAS By: / ; ,: '~"c I , " i~ Date: :1 ~ l j ............................................................................ APPROVED BY THE CITY OF COL~, L~E, TEXAS By: \ {L' ,t,v, \- Date: <""'t \ \ ~;f .......................... ... ......... ........ .......................... .... APPROVED BY THE CITY OF EULESS, TE~~ ~. ~- / ~::~ r/a-f 7 p~ ............................................................................ APPROVED BY THE CITY OF G,RAPE~INE, T~ BY-~« Date: -' ~-;,.»/ ç::<t'" â"" /) /' !_,:.; APPROVED BY COUNCIL I~' ~,t~ll{ ............. ............ .................... .......... ......... ......... ... APPROðAS ~Ò)FO~AND LEGALITY: / " ,----,- /' / / Cit APPROYED BY THE CITY OF KELLIfR TEXAS 13)': -tt/ I {J L2 Date: ~ ( I ') I () k' ............................................................................ I APPROVED AS TO FORM AN,D LEGALITÝ:/ '! f I, ! ,/ , I i, / .I '>/" /1,/ " , ./< , ".. --.-~ ,,"'- '- 'p City Attorney APPROVED BY THE CITY OF NORTH RICHLAND HILLS. TEXAS By: (1 Jl ~£j1A ~ Date: !J7 . f· c:r ~ ---~.,. ............................................................................ C~' Anorney ..~ APPROVED BY THE CITY OF RlCr~"S' TEXA " Bk::: '::¿Ç ..... _ /~ ¿ I r, I .f- (/ Date: /1 .:/'::)'/ .1 I f I j , ... ............................... ................ ...................... ....