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Home My WebLink AboutRES 1989-031 RESOLUTION NO. 89-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, APPROVING AND ADOPTING AN AMENDMENT TO THE INTERLOCAL COOPERATION AGREEMENT FOR CENTRAL RECRUITING OF POLICE PERSONNEL; AUTHORIZING AND DIRECTING THE CITY �"-`a MANAGER OR HIS DESIGNEE TO EXECUTE THE REVISED AGREEMENT AND PROVIDING AN EFFECTIVE DATE �._,� WHEREAS, the City Council of the City of Grapevine, Texas, (the "City") on April 19, 1989 approved an agreement between the City and the Cities of Bedford, Euless, Hurst and North Richland Hills (together, the "Cities") providing for the centralized recruiting of police personnel; and WHEREAS, the Cities now desire to amend the said agreement, entitled the Central Recruiting for Police Personnel Interlocal Agreement as herein provided. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1 . That the City Council hereby adopts and approves the following amendment to the Central Recruiting for Police Personnel Interlocal Agreement (the "Agreement") which was previously approved by the City Council on April 19, 1989 : ' The word "any" in line 7 of the last paragraph on Page 3 of the Agreement shall be changed to "all" . g�.;,� Section 2. That a true and correct copy of the Agreement is attached hereto as Exhibit "A" . Section 3. That the City Manager or his designee is hereby authorized and directed to execute the Agreement as amended hereby and take all other steps necessary to consummate the Agreement. Section 4 . That this resolution shall take effect from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 5th day of September. 1989 • APPROVED: � f`_� ��?%! ��_ William D. Tate Mayor � ATTEST: �i'��v Lin a Huff City Secretary APPROVED AS TO FORM: _ �� Adrienne C. Leonard City Attorney ¢:..:.,.. �.� �.,.:, � � EXHIBIT "A" , PAGE 1 OF 5 TO RESOLUTION NO. 89-31 THE STATE OF TEXAS § �`°''' CENTRAL RECRUITING FOR POLICE PERSONiJEL INTERLOCAL AGREEMENT COUNTY OF TARRP,NT § �� This Agreement is entered into by and between the Cities of Bedford, Euless, Grapevine, Hurst and North Richland Hills, all of Tarrant County, Texas (hereinafter referred to as "Cities") pursuant to the authority granted by the Interlocal Agreement Act, Article 4413 (32c) , Revised Civil Statutes of Texas. WHEREAS, there is a need for cooperation in the recruitinent of police personnel; and, WHERLAS, Cities havE datermined that tr,e mast economical and effective method for attracting and hiring qualified personnel for police 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 police department positions; and, WHEREAS, each party is authorized to perform the services contemplated herein; NOW, THEREFORE, W I T N E S S E T H: �,::,� In consideration of the mutual covenants and the terms and conditions hereinafter set forth, Cities agree as follows: 1. Cities agree to develop, implement and maintain a central recruiting program for police personnel which shall include a background investigation, testing and the creation of one or more eligibility lists. 2 . A committee composed of the Police Chief of each City, or their designated agent, shall oversee the joint recruiting process. The Committee shall establish minimum requirements for applicants for police 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 associated with the central recruiting process, such as brochure development and advertisement which are unanimously �agreed on. 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 applications 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 � 1 EXHIBIT "A" , PAGE 2 OF 5 TO RESOLUTION NO. 89-31 physical and/or mental, 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 Civil Service Law 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 this 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 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, 6. 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. 7. A City that is a part 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 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. 8 . 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 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. 9. 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, � 2 � �,:_., EXHIBIT "A" , PAGE 3 OF 5 TO RESOLUTION NO. 89-31 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. � 10. It is expressly understood and agreed that, in the execution oi this Agr22m�nt, 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. 11. 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. 12 . This Agreement may be amended or modified only by the �r --. mutual written agreement of the Cities. 13 . 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. 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. This Agreement shall be effective until 12 : 00 p.m. September 30, 1991 and thereafter such agreement shall be automatically renewed for successive two year terms unless terminated by notice of all participating City given at least 30 days prior to expiration of- the then current term. 3 � EXHIBIT "A" , PAGE 4 OF 5 TO RESOLUTION NO. 89-31 APPROVED BY THE CITY OF BEDFORD, TEXAS � By: �� Date: APPROVED AS TO FORM AND LEGALITY: City Attorney ****************************** APPRQVED BY THE CITY OF EULESS, TEXAS By: Date: APPROVED AS TO FORM AND LEGALITY: � City Attorney �� ****************************** APPROVED BY THE CITY OF GRAPEVINE, TEXAS By: Date: = APPROVED AS TO FORM AND LEGALITY: � City Attorney � 4 , .-�� : EXHIBIT "A" , PAGE 5 OF 5 TO RESOLUTION NO. 89-31 APPROVED BY THE CITY OF �,* . HURST, TEXAS By: +�,�; Date: APPROVED AS TO FORM AND LEGALITY: City Attorney ****************************** APPROVED BY THE CITY OF NORTH RICHLAND HILLS, TEXAS By: Date: APPROVED AS TO FORM AND LEGALITY: �. .� City Attorney � 5 �