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HomeMy WebLinkAboutItem 10 - NETCASTINTERLOCAL AGREEMENT FOR CONTRIBUTIONS TO NETCAST 1 of 7 NETCAST_Interlocal Agreement_Fiscal Contribution This Interlocal Agreement (“Agreement”) is made and entered into by the Cities of Hurst (“Hurst”); Euless (“Euless”); Bedford (“Bedford”); and Grapevine (“Grapevine”). Hurst, Euless, Bedford, and Grapevine are referred to herein individually as a Party and collectively as the Parties. There are no other parties to this Agreement. The Parties are all political subdivisions of the State of Texas. WHEREAS, the Parties are local governments; and WHEREAS, the Parties have previously entered into an Interlocal Agreement providing for the formation of the North East Tarrant County Area SWAT Team (“NETCAST”); and WHEREAS, the Parties find that this Agreement will increase the efficiency and effectiveness of the amounts budgeted to support NETCAST; and WHEREAS, the Parties find that the joint and collaborative spending of NETCAST funds will provide for increased uniformity of equipment and supplies; and WHEREAS, the governing body of each Party believes that the Agreement is necessary for the benefit of the public and that each Party has the legal authority to provide governmental functions and services that are the subject of the Agreement. NOW, THEREFORE, the Parties to this Agreement mutually agree to the following: ARTICLE I Agreement to Supplement Prior Interlocal Agreement Nothing in this Agreement is to be construed as terminating or cancelling the Interlocal Agreement creating NETCAST. ARTICLE II Funding and Board Approval of Purchases $3,000 and over 1. Each Party to this Agreement agrees to combine funds from each Party to establish an account to support NETCAST. 2. The Parties agree that Bedford will manage the funds for NETCAST. 3. Each party agrees to pay to Bedford on behalf of NETCAST an annual amount of nineteen thousand dollars ($ 19,000.00) into the fund no later than the end of the first quarter of the new fiscal year, said payment to be made on or before December 31 each year. 4. Each Party agrees that the Parties will pay an equal share of the annual amount. 5. The Parties agree that any purchase over three thousand dollars ($3,000.00) will be approved by a board consisting of the Police Chief or designee from Hurst, Euless, Bedford, and Grapevine (the “Board”). The Parties agree that such a purchase shall require the consent of at least three (3) of the Parties. The Parties further agree that the Parties are acting as staff members of the respective cities and that the Board is not a governmental entity or a board or committee appointed by a governing body of the City and is not subject to the Texas Open Meetings Act. 6. The funds may be expended as appropriate to the mission of NETCAST, including, but not limited to, operational or training needs, as agreed to by the Board/NETCAST Command staff, as applicable. 7. Nothing herein shall be considered to bind the City Council of any Party herein to budget said funds in future fiscal years; however, if funds are allocated, the Council agrees that this Agreement may be renewed. INTERLOCAL AGREEMENT FOR CONTRIBUTIONS TO NETCAST 2 of 7 NETCAST_Interlocal Agreement_Fiscal Contribution ARTICLE III This Agreement is designed to supplement and not replace the prior Interlocal Agreement creating NETCAST. If the terms of the prior Interlocal Agreement forming NETCAST and the terms of this Agreement conflict, the terms of this Agreement shall control. ARTICLE IV Miscellaneous Assignment. This Agreement may not be assigned by any Party hereto without the prior written unanimous consent of the other Parties. No assignment, delegation of duties, or subcontract under this Agreement shall be effective without the prior written unanimous consent of all Parties hereto. Governing Law and Venue. The validity of this Agreement and any of its terms and provisions, as well as the rights and duties of the Parties, shall be governed by the laws of the State of Texas; and venue for any action arising as a result of this Agreement shall be in a state district court in Tarrant County, Texas. Legal Construction. In the event that any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained in this Agreement. Amendment. This Agreement may be amended by a simple majority vote of all members of the Coordinating Committee. Entire Agreement. This Agreement represents the entire Agreement among the Parties with respect to the subject matter covered by this Agreement. No Relationship Created. The Parties agree and acknowledge that no Party is an agent of any other Party under this Agreement and that each Party is responsible for its own acts, forbearance, negligence, and deeds, and for those of its agents or employees. The purposes for which each Party has entered into this Agreement are separate and distinct. It is not the intent of any of the Parties that a joint enterprise relationship is being entered into and the Parties hereto specifically disclaim such relationship. Rights of Third Parties. Nothing contained in this Agreement shall be construed to create, and the Parties do not intend to create, any rights in or for the benefit of third parties. Force Majeure. In the event that any Party shall be prevented from performing any of its obligations under this Agreement by any act of God, war, right, civil commotion, strikes, fires, flood, or by the occurrence of any other event beyond the control of such Party, then such Party shall be excused from the performance of the obligations in this Agreement but only during such periods of Force Majeure. Current Revenues. All costs or expenses incurred by any Party as a result of this Agreement shall be paid from the current revenues available to the Party. Recitals. The recitals of this Agreement are incorporated herein. Severability. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law, the remaining portions of the Agreement shall be enforced as if the invalid provision had never been included. INTERLOCAL AGREEMENT FOR CONTRIBUTIONS TO NETCAST 3 of 7 NETCAST_Interlocal Agreement_Fiscal Contribution Notice. All notices pertaining to this Agreement shall be in writing and shall be deemed delivered (i) when received at a Party's address if hand delivered or sent via overnight delivery service by way of USPS, UPS, FedEx, or similar carrier, or (ii) on the third (3rd) business day after being deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the Parties at the respective notice addresses set forth below or at other addresses as may have been previously specified by written notice delivered in accordance with this Agreement. INTERLOCAL AGREEMENT FOR CONTRIBUTIONS TO NETCAST 4 of 7 NETCAST_Interlocal Agreement_Fiscal Contribution APPROVED BY THE GOVERNING BODY OF PARTICIPATING ENTITY, CITY OF BEDFORD, TARRANT COUNTY, TEXAS, this 14th day of November 2023. EXECUTED BY: ____________________________________________ JIMMY STATHATOS, CITY MANAGER ATTEST: _____________________________________________ CITY SECRETARY APPROVED AS TO FORM: ____________________________________________ CITY ATTORNEY INTERLOCAL AGREEMENT FOR CONTRIBUTIONS TO NETCAST 5 of 7 NETCAST_Interlocal Agreement_Fiscal Contribution APPROVED BY THE GOVERNING BODY OF PARTICIPATING ENTITY, CITY OF EULESS, TARRANT COUNTY, TEXAS, this ___ day of ________________________, 2023. EXECUTED BY: ____________________________________________ LORETTA GETCHELL, CITY MANAGER ATTEST: _____________________________________________ CITY SECRETARY APPROVED AS TO FORM: ____________________________________________ CITY ATTORNEY INTERLOCAL AGREEMENT FOR CONTRIBUTIONS TO NETCAST 6 of 7 NETCAST_Interlocal Agreement_Fiscal Contribution APPROVED BY THE GOVERNING BODY OF PARTICIPATING ENTITY, CITY OF HURST, TARRANT COUNTY, TEXAS, this ___ day of ________________________,2023. EXECUTED BY: ____________________________________________ CLAY CARUTHERS, CITY MANAGER ATTEST: _____________________________________________ CITY SECRETARY APPROVED AS TO FORM: ____________________________________________ CITY ATTORNEY INTERLOCAL AGREEMENT FOR CONTRIBUTIONS TO NETCAST 7 of 7 NETCAST_Interlocal Agreement_Fiscal Contribution APPROVED BY THE GOVERNING BODY OF PARTICIPATING ENTITY, CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS, this ___ day of ________________________, 2023. EXECUTED BY: ____________________________________________ BRUNO RUMBELOW, CITY MANAGER ATTEST: _____________________________________________ CITY SECRETARY APPROVED AS TO FORM: ____________________________________________ CITY ATTORNEY