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HomeMy WebLinkAboutResolution 1989-022 RESOLUTION NO. 89-22 RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AUTHORIZATION TO ENTER INTO AN INTERLOCAL COOPERATION AGREEMENT BETWEEN HURST, EULESS BEDFORD, AND GRAPEVINE FOR THE PURPOSE OF GENERATING A COMBINED EFFORT FOR HIRING. WHEREAS, the police department of Richland Hills and Grapevine each having practices that are very similar; and Hurst, Euless, Bedford, recruiting, testing and North hiring WHEREAS, most applicants for police officer positions apply with each of the cities mentioned above; and WHEREAS, some applicants for the position of police officer are un qualified, or undesirable, but officials of each city must expend the time and effort to determine this on their own; and WHEREAS, a combined effort by the five cities would eliminate duplication, be more cost and time effective, and provide a greater pool of qualified applicants for police department positions; and WHEREAS, Texas Revised Civil Statutes Annotated article 4413 (32c) authorizes local governments to enter into contracts with other local governments to perform governmental functions and services in accordance with the statute cited herein and the terms of the contract entered into; and BE IT, THEREFORE, RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: An interlocal cooperation agreement with Hurst, Euless, Bedford, and Grapevine for the purpose of generating a combined effort for the hiring, testing and investigation of potential police personnel. A copy of such an agreement is attached hereto and fully incorporated herein. PASSED AND APPROVED this 24th day of April 1989. Mayor ~ ATTEST: ~~?'L7$ ~ Ci Secretary . ~~ ATTORNEY THE STATE OF TEXAS $ COpy COUNTY OF TARRANT $ This Agreement is entered into by and between the Cities of Bedford, Euless, Grapevine, Hurst and North Richland Hills, all such cities being located in Tarrant County, Texas, and hereinafter referred to as "Cities". The Cities execute this Agreement as hereinafter provided pursuant to the Interlocal Agreement Act, Article 4413 (32c), of Vernon's Annotated Revised Civil Statutes of Texas: WHEREAS, there is a need for cooperation in the recruitment of police personnel; and WHEREAS, the Cities have determined that the best possible method for attracting and hiring the most qualified personnel for police department positions is an agreement establishing such cooperation, and WHEREAS, the Cities desire to enter into recruitment, investigation and development department personnel; and this agreement to provide for the of a hiring list for police WHEREAS, each party is authorized to perform the services contemplated herein; NOW THEREFORE, In consideration of the mutual covenants and the terms and conditions set forth below, the Cities do hereby agree as follows: I. The Cities execute this Agreement maintaining a central recruiting program include a background investigation, testing for the purpose of creating and for police personnel which shall and creation of an eligibility list. II. The -Police Chief of each City, or a designated agent, shall constitute a Committee to oversee the joint recruiting process. The Committee shall establish the minimum requirements for applicants for police department positions. Each City shall equally fund any and all expenses associated with the central recruiting process. 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 one form for applicants to fill out and all such applications shall be forwarded to the Committee. The Committee shall promulgate such rules and regulations, including but not limited to the type of testing, both physical and/or mental, as may be necessary for the operation of the central recruiting process. Each City shall receive executed counterparts of this Agreement. III. 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 connnand of the Connnittee. IV. In performing duties under this Agreement, each party will comply with all necessary Federal, State and local laws, regulations and ordinances. V. 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 officer 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. VI. The Police Chief of any City, or the Police Chief's designated agent, in his or her sole discretion, may at any time withdraw his or her personnel or equipment or discontinue participation in any activity initiated pursuant to this Agreement. VII. A City that is a party to this Agreement may withdraw from this Agreement only after providing not less than ninety (90) days written notice of withdrawal to the other participating Cities. This Agreement may be terminated at any time by mutual agreement of the Cities. VII I. 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 these 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. IX. Each City does hereby waive all claims, release, indemnify and/or reimburse, defend and hold harmless 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 all expenses of litigation or settlement, including but not limited to court costs and attorneys fees which may arise due to any death or injury to any persons, 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 Cities hereto that the indemnity provided for in this paragraph is indemnity by each City to indemnify and protect every other City from the consequences of the City's own negligence, whether that negligence is a sole or concurring cause of the injury, death or damage. X. 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. XI. Each City agrees that if legal action is brought under this Agreement, exclusive venue shall lie in 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. XII. In case anyone or more of the terms, sentences, paragraphs or provisions contained in this Agreement shall for any reason to be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other term, sentences, paragraphs or provisions thereof. and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. XIII. This Agreement may be amended or modified only by the mutual agreement of the Cities. such amendment or modification must be in writing, and attached to and incorporated into this Agreement. XIV. This Agreement may be signed in multiple counterparts and shall be binding on each CIty when duly authorized by the governing body of each City and such Cities' duly authorized representative and delivered to the Committee. XV. This Agreement contains all commitments and agreements of the Cities. and oral or written commitments not contained herein shall have no force or effect to alter any term or condition of this Agreement. IN WITNESS WHEREOF. the parties hereto have executed this Agreement to be effective upon execution and dating by each City. This Agreement shall be effective for a period of two years from the last date signed and marked on this Agreement by a participating City. PASS AND APPROVED this 24th day of April 1989. ~-- -l~ Mayor ATTEST: ~<~J<,d0 L~'., City Secr tary ::ø;4;Z: