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HomeMy WebLinkAboutResolution 1997-058 RESOLUTION NO. 97-58 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 agreement with Euless, Bedford and Grapevine authorizing the purchase of an interest in a Cinetronics Firearms Judgment Simulator Unit, as the act and deed of the City. PASSED AND APPROVED the 22nd day of December, 1997. APPROVED: ATTEST: (~~dÞuirà ~ 'Patricia Hutson - City Secretary APPROVED AS TO FORM AND LEGALITY: STATE OF TEXr'\.S ) ) ) AGREEMENT COUNTY OF TARRANT This Agreement, made and entered into by and between the City of Euless, a municipal corporation, located in Tarrant County, Texas, hereinafter called "Euless," the City of Bedford, a municipal corporation located in Tarrant County, Texas, hereinafter called "Bedford," the City of Grapevine, a municipal corporation located in Tarrant County, Texas, hereinafter called "Grapevine" and the City of North Richland Hills, a municipal corporation, located in Tarrant County, Texas, hereinafter called "North Richland Hills," evidences the following: WHEREAS, The InterIocal Cooperation Act, Texas Government Code Chapter 791, provides authorization for any local government to contract with one or more local governments to perform governmental functions and services under the term ofthe Act; and WHEREAS, North Richland Hills, Euless, Bedford and Grapevine desire to enter into an Agreement at the request of North Richland Hills for North Richland Hills to purchase a one-fourth share of a Cinetronics Firearms Judgment Simulator Unit hereinafter called "Simulator," presently owned, maintained and controlled by Euless, Bedford and Grapevine, and WHEREAS, the Agreement shall provide equal access to the Cinetronics Firearms Judgment Simulator Unit by all participants of this Agreement; and WHEREAS, it is mutually advantageous to all parties to enter into the arrangement evidenced by this Agreement; NOW, THEREFORE, the parties in consideration of the terms and conditions contained herein, agree as follows; The responsibility of each government entity is outlined as follows: I. North Richland Hills, Euless, ~edford and Grapevine hereby agree: 1. That the Simulator is presently owned by the cities of Euless, Bedford and Grapevine for use on a cooperative timeshare basis by their respective police departments. The cost to North Richland Hills to purchase one-fourth (25%) ownership of the Simulator from Euless, Bedford and Grapevine shall be computed by observing the original purchase price of $44,680.00, less the $7,500.00 total cost oflaser conversions to pistols owned by Euless, Bedford and Grapevine at the time of the Simulator's original purchase, divided by four. 2. That North Richland Hills agrees to make separate one-time payments of $3,098.33 to the individual cities of Eu1ess, Bedford and Grapevine, each payment being one-third of the quarter share of the original purchase price, less the aforementioned laser conversions to pistols owned by Euless, Bedford and Grapevine at the time of the Simulator purchase. The $9,295.00 total of the $3,098.33 payments made by North Richland Hills to Euless, Bedford and Grapevine constitutes payment in full to the cities of Euless, Bedford and Grapevine for one-fourth (25%) ownership of the Simulator by North Richland Hills. 3. That North Richland Hills will make separate payment directly to the Caswell International Corporation for the laser conversion to a pistol owned by North Richland Hills, which is required for operation with the Simulator. 4. That North Richland Hills, Euless, Bedford and Grapevine will each have rights of use and possession of the Simulator for periods of time six weeks in duration, in rotating order of turn, twice per calendar year. The prescribed order of turn will be compatible with the established order currently being used by Euless, Bedford and Grapevine, with the addition of North Richland Hills to the end ofthe rotation. 5. That costs for maintenance and repair to the Simulator will be shared equally by Euless, Bedford, Grapevine and North Richland Hills, unless such damage or need for repair was caused by a specific agency's failure to operate, store or transport the Simulator in a safe, secure and responsible manner. 6. That North Richland Hills, Euless, Bedford and Grapevine shall each own one-fourth property interests in the Simulator and are entitled to ownership equally to that extent. 7. That this Agreement must be specifically authorized independently of any other Agreement. Should any other city department of any of the participating municipalities enter into any future Interlocal Agreements, this Agreement must specifically be repealed if any conflict is found to exist. II. North Richland Hills, Euless, Bedford and Grapevine each authorize the prOVISIOns described in this Agreement. III. It is understood by all parties that the intent of this Agreement is to provide state-of-the-art simulated firearms judgment training to all four cities' sworn police officers at a cost that is greatly reduced from what any single agency would spend in providing this same training benefit on its own. IV. Each City does hereby waive all claims against and agrees to release every other City, its police 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 attorney's fees which may arise due to any death or injury to any person, or the loss of, damage to, or loss of use 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 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. It is expressly understood and agreed that, in the execution of this Agreement, no City 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. v. This Agreement shall be in full force and effect when signed by participating agencies on an individual basis. This Agreement shall remain in full force and effect, on an individual basis, until terminated by any party with thirty days written notice to the others or until all parties mutually agree to change or modify the terms of this Agreement. CIT~~ "- City Manager CITY OF NORTH RICHLAND fiLLS ATTEST: ~C/¡~ City Secretary íí1//.~ f . . f Police ATTEST: CITY OF BEDFORD ,~i~-~ City Manager ~ rr NE /~ ATTEST: (~~*ø Cl Secretary ~æ/1l~ -'éhief of Police ATTEST: This Agreement is executed on the 30th day of January, 1998.