RES 1998-17aTOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO.•:
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, AUTHORIZING THE
MAYOR TO ENTER INTO AN INTERLOCAL AGREEMENT
WITH THE CITIES OF BEDFORD, COLLEYVILLE,
EULESS, GRAPEVINE, KELLER, NORTH RICHLAND
HILLS, AND RICHLAND HILLS FOR FIRE PERSONNEL
RECRUITMENT; PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS:
Section 1. That the Mayor is hereby authorized to enter into an Interlocal Agreement
for Fire Personnel Recruitment with the Cities of Bedford, Colleyville, Euless, Grapevine,
Keller, North Richland Hills, and Richland Hills; a copy of said agreement being attached hereto
and labeled Exhibit A.
Section 2. That this Resolution shall become effective immediately upon passage and
approval, and it is so resolved.
PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, this 18th day of Amu s t 11998.
ATTEST:
Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORMc:
i
Town Attorney
Town of Trophy Club, Texas
DOC #: 420553
payor
own of Trophy ub, Texas
The State of Texas:
CENTRAL RECRUITING FOR FIRE
County of Tarrant: PERSONNEL INTERLOCAL AGREEMENT
This agreement is entered into by and between the Cities of Bedford, Colleyville,
Euless, Grapevine, Haltom City, Keller, North Richland Hills, Richland Hills, Southlake, all of
Tarrant County, Texas, 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 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 Committee 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 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 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 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 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 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 attorney'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 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.
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 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.
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, 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 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.
APPROVES � FORM AND LEGALITY:
Cityj'Attomey
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A.N APPROVED BY THE CITY OF
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RICHLAND H;ILS, TEXAS
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Date:
4PR14eAS TO FOOOND LEGALITY:
APPROVED BY THE CITY OF
SOUTHLAKE, TEXAS
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Date:
City Attomey
APPROVED BY THE CITY OF
BEDFORD, TEXAS
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City
APPROVED BY THE CITY OF
COIILLS, TEXAS
By:
Date:
A"TPtI) 0 FORM AND LEGALITY:
APPROVED BY THE CITY OF
EULESS, TEXAS
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Date:
City Attomey
APPROVED AS TO FORM AND LEGALITY:
City Attorney
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APPROVED BY THE CITY OF
HALTOM CITY, TEXAS
By:
Date:
APPROVED AS TO FORM AND LEGALITY:
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City Attorney
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APPROVED BY OF
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Date:
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APPROVED BY THE CITY OF
TROPHY CLUB, TEXAS
By:
Date:
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APPROVED BY THE CITY OF
TROPHY CLUB MUNICIPAL UTILITY
DISTRICT, TEXAS
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Date:
District Attorney