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HomeMy WebLinkAboutCity Council Resolutions (R-94-1039)-08/16/1994 RESOLUTION R-94-1039 A RESOLUTION APPROVING AN INTERLOCALAGREEMENT FOR THE ESTABLISHMENT AND OPERATION OF A TEEN COURT WHEREAS, Teen Court has proven to be a useful tool in teaching juveniles how the criminal justice system works and in reducing the number of juvenile repeat offenders; and .r" .. WHEREAS, the cities of Colleyville, Grapevine, and South lake and the Grapevine/Colleyville and Carroll Independent School Districts are interested in jointly establishing and operating a Teen Court system as a means of reducing the cost to individual entities and promoting unity among the youth of the five jurisdictions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Mayor is authorized to sign the interlocal agreement establishing the joint Teen Court. Sec. 2. THAT the City Manager is authorized to make a payment of $6,000 to the City of South lake as the depository of the Teen Court system. AND IT IS SO RESOLVED. pass1i..d by a vote of ,5" ayes, J {, - day of ----A u.jU~.f ATTEST: 9::::cf!~ City Secretary D nays, and 0 abstentions, on this ,1994. CITY OF COLLEYVILLE Cheryl Feigel Mayor ---'-----~,._-_._--~.- . ..-.._---,~,_."-.~--_..--,~-_._-,-~,--+-........_- ". ~b-ll-l~~4 l~'~lH'1 ~l~~ UT ~UU~nldK~ U J. J "'""tw'-, '-' t _.''-' INTERLOCAL AGREEMENT CITY OF COLLEYVILLE, CITY OF GRAPBVINE, CITY OF SOUTBLAXE, CARROLL INDBPENDENT ScHooL.DISTRICT~ AND GRAPEVrNE-COLLEYVILLE INDBPENDENT SCHOOL DISTRICT This Contract and Agreement, entered into the day of , 1994, by and between the City of Colleyvillel the City of Grapevine, and the City of Southlake, municipal corporations herein called "Cities" or "each participating City," and the Carroll Independent School District and the Grapevine- Colleyville Independent School District, herein called "School Districts" or "each participating School District, n the parties acting herein under the authority and pursuant to the terms of Chapter 791. INTERLOCAL COOPERATION CONTRACTS, Texas Government Code, WITNESSETH THAT: WHERBAS, the City Councils of the Cities of Colleyville, Grapevinet and Southlake and the Boards of Trustees of the Carroll Independent School District and the Grapevine-Colleyville Independent School District jointly find that it will be in the public interest to enter into this agreement for the purposes set out herein below1 NOW, THBREFORE, it is mutually agreed between each participating City and each participating School District that: 1. Teen Court is a volunteer program which allows juvenile misdemeanor offenders an alternative to the criminal justice system while allowing them also to assume responsibility for their own actions by involvement in the judicial process and community services in order that their offenses will not be recorded; bringing juvenile offenders to a jury of their peers and to the Community for constructive punishment will provide the youths with an understanding of the judicial system and a realization of their roles in the community. Page 1 a;s.raN.INrIOllD&/tEU...~ ~. __..___._..__.._____._~>____.,N____.._...4~......~~_._...~~--+" .. ._...._.........,.. -. -::) -. --- -. ,--.-- .2. The community will benefit from this interaction in that, through Teen Court, the community is afforded a unique opportunity to become involved in the education of juvenile offenders, as well as juvenile volunteers. Teens, through their active involvement are afforded a way to learn how our system of justice works and to realize their roles in the community. 3. A Teen Court Advisory Board shall be appointed by the respective governing bodies comprised of ten (10) members: two (2} from each participating city and two (2) from each participating school district, as each so chooses. The role and duties of the Teen Court Advisory Board shall be established by the Municipal Court Judges in the participating cities. 4. A Teen Court Budget Advisory Committee shall be established, comprised of five (5) members: the city managers of each of the three (3) participating cities, and the superintendents of each of the two (2) participating school districts, or their designees. The Budget Advisory Committee shall set the budget for the Colleyville-Grapevine-Southlake (CGS) Teen Court, and shall be responsible for budget oversight of the Court/s operations. S. The City of Southlake shall contract for professional and personal services to administer and coordinate the activities of the CGS Teen Court program. 6. The selection of the Independent Contractor to serve as Teen Court Coordinator shall be subj ect to the approval of the majority vote of Teen Court Budget Advisory Committee and the Municipal Court Judges in the participating cities. 7. The City of Grapevine shall provide office space for the Teen Court Coordinator. 8 . Each contribute the Court Program, participating city and school district shall sum of $6,000 as its contribution to the CGS Teen the sum to be paid to the City of Southlake. Page 2 cm.TaN.1If1'IORDolll.fs&ACU/1 ~1::l-.l.l-.l':;j':;j4 .l~; ~~HI'I ~l~~ OT ~OU~n!aKe '='.L. f ......Ol~ ,=,!':;JO r . it.J'""+ 9. Scope of services provision in the Personal Services Contract with T@en Court Coordinator shall be established by the Budget Advisory Committee and the Municipal Court Judges in the participating cities. 10. This Contract shall be for the initial period of one (1) year beginning September 1, 1994. 11. Any party hereto may terminate its participation in this agreement without recourse or liability upon thirty (30) days written notice to the other party. ATTEST: Carroll Independent School District Grapevine-Colleyville Independent School District City Secretary, City of Colleyville Mayor, City of Colleyville City Secretary, City of Grapevine Mayor, City of Grapevine City Secretary, City of Southlake Mayor, Gary Fickes City of Southlake Page 3 CGH'fI1lIt.IN17ORDMEUAGIWI Approved as to form and legality: City Attorney, City of Colleyville City Attorney, City of Gro.pcvine City Attorney, City of Southlake Attorney, Carroll Independent School District Attorney, Grapevine-Colleyville Independent School District Page 4 C6&.tUN./NI"JORJ>>JaUult1MJ> TOTAL P.D5 \:::Jl:j-ll-l ':;1':;14 H:J; ::>bHIYI ~l~~ ot ~ou~hlaKe Oir ~OO O(~O r.u~ CONTRACT FOR PERSONAL AND PROFESSIONAL SERVICES This Contract and Agreement, entered into as of this day of 1994, by and between the City of Southlake, Texas, a municipal corporation of Tarrant and Denton Counties, hereinafter referred to as lICITY," acting for and on behalf of the Colleyville-Grapevine-Southlake Teen Court, and , hereinafter referred to as lICONTRACTOR," WITNESSETH THAT: WHEREAS, the Cities of Colleyville, Grapevine, and Southlake, and the Carroll and Grapevine~Colleyville Independent School Districts have entered into an interlocal agreement to jointly fund the operation of a Colleyville-Grapevine-Southlake (eGS) Teen Court; and, WHEREAS, under terms of the above mentioned interlocal agreement the City desires to engage the Contractor to render professional and personal services hereinafter described in connection with the operation of the CGS Teen Court; and, WHEREAS, the Budget Advisory Committee of the CGS Teen Court and the Municipal Court Judges of the Cities of Colleyville, Grapevine and Southlake have requested that be appointed as the independent contractor to render professional and personal services as the Teen Court Coordinator, NOW, THEREFORE, the City and Contractor do mutually agree as follows: 1. Emolovment of Contractor. The City hereby agrees to engage the Contractor and the Contractor hereby agrees to perform personally the services hereinafter set forth in connection with the operation of the CGS Teen Court. Page 1 CGS-lDN.d~GMII ~~-11-1~~4 l~:~bHM Llt~ ot ~outh!aKe 01, 400 C(~C r.u~ 2. Scope of Services. The Contractor shall perform all the necessary services, as determined by the City, under this Contract and Agreement to coordinate the overall activities of the CGS Teen Court with the Municipal Court Judge and the Municipal Court Clerk in the Cities of Colleyville, Grapevine, and Southlake, the CGS Teen Court Advisory Board, and the CGS Teen Court Budget Advisory Committee, as determined by the City, to include the following: A. All activities set out ~n Attachment A. B. All other activities required by the Municipal Court Judge and Municipal Court Clerk in the participating cities, in connection with the operation of the Teen Court program. 3. Comoensation. City agrees to pay the Contractor the sum for those services set out hereinabove. of 4. Method of Payment. City shall pay to the Contractor the amount set forth above, which shall constitute full and complete compensation for the Contractor's Services hereunder. Such sum will be paid in monthly payments at the rate of per month, subject to receipt by the City Manager of the City of request for payment. from Contractor. Contractor's request for payment for services shall be paid by City within seven (7) days after receipt of such request. Contractor's request shall specify that Contractor has performed services set out under this Contract in conformance with Contract, and that Contractor is entitled to receive the amount requested under the terms of the Contract. S. Indenendent C~ntractor. Contractor shall do all work in a safe and efficient manner according to Contractor's own methods. It is expressly understood and agreed that Contractor shall perform all services hereunder as an independent contractor and not as an officer, agent, representative, or employee of the Page 2 aDJDN..c~~ -- ~~ .-. --- -." ----.~- City or other participating members of the CGS Teen Court; that Contractor has the right to control the day-to-day details of the services performed under this Agreement; that the manner and means of the performance of the services by Contractor hereunder are within the sole discretion of the Contractor; that the doctrine of respondeat superior shall not apply as between the City and Contractor and that nothing herein shall be construed as creating a partnership or joint enterprise between the City and Contractor. Contractor shall have no authority to bind the City or otherwise incur liability on behalf of the City. Further, City shall have no obligation to provide insurance or other benefits on behalf of Contractor and all taxes due on compensation received by Contractor hereunder shall be the sole responsibility of Contractor. 6. Reoorts. Contractor shall file reasonable written reports on activities of the Teen Court Program on a timely basis when requested by the City Manager. Such reports shall be in addition to any other reports required under other provisions of this Contract and Agreement. 7. Records. All materials, data, documents, and reports prepared or assembled by Contractor in connection with service performed under the terms of this Contract shall become the property of the CGS Teen Court and shall be retained as required by the City. 8. Release of Information. Any reports or information prepared or assembled by Contractor under this contract, deemed confidential by City, shall not be released by Contractor without prior written approval of the City Manager. Page 3 CG$oTllIUM_G<<AIII .. -- -"..~...._-".,,_.-..~...-._--_.,-,-_. ....-..,.------_..._-_._"~..~.~_.__. - ....-- -_...'-_._.._,~,.... l:::JO-..L..L-..L~~"+ J.""'- ~onl-I "-'.1....!::,i U r ..:;lUU ....111'='-f"..C" 9. Assianability. interest in this Contract, the same, without the prior The Contractor shall not assign any and shall not transfer any interest in written consent of the City. 10. Term of Contract. This Contract and Agreement shall be for a period of one (1) year beginning 11. Termination of Contract . Either party hereto, Contractor or CitYt may terminate this Contract and Agreement at any time with or without cause, without recourse or liability by giving written notice to the other party and specifying the effective date thereof. 12. Changes. The City may, from time to time, require changes in the scope of services of the Contractor to be performed hereunder. Such changes which are mutually agreed upon by and between the City and the Contractor, shall be incorporated in written amendments to this Contract. I.N ~T.NESS WHEREOF the City and the Contractor have executed this agreement as of the date first above written. City Managert City of Southlake Contractor Approved as to legal form and adequacy: BY Page 4 CGS-7Z'EH.,j~_ 1::)0-.1..1.-.1.::>::>'-1 .I.\::)" ~0t"1"1 l....!....~ UT -=:JuU.....nlC1.Kt:' ATTACEMENT "A" SCOPE OF SERVICES FOR THE COLLEYVILLE-GRAP~NE-SOUTHLAXE (CGS) TEEN COURT COORDINATOR D. E. F. the Teen Court trials including: Schedule the court docket, Contact and schedule the Teen Court Judge, Contact and schedule the Teen Court officers; including attorneys and bailiff, Notify the defendants of their trial date, Assign defendants to the attorneys, Publicize the date and time of the court session at the schools to draw random jurors, Supervise the students during the court session. 1. Organize A. B. C. G. 2. Recruit court officers, jurors, and adult volunteers. 3. Organize training for Teen Court officers, including attorneys and bailiffs. 4. Organize and coordinate community service projects, including, to the extent possible, service to Carroll lSD, Grapevine-Colleyville lSD, and the cities of Colleyville, Grapevine, and Southlake, and assign defendants to community service projects to fulfill their sentences. 5. Monitor progress of Teen Court defendants to assure community service projects/sentences are completed on schedule, maintain status reports, and notify the Municipal Court Clerks of status of all defendants. 6. Provide counseling to Teen Court defendants. 7. Establish and maintain office hours at a City or School facility. 8. Provide parents of Teen Court defendants and others in the community with information concerning the Teen Court program. 9. Maintain Teen Court records and provide quarterly reports to the City Manager of the City of Southlake, the Municipal Court Clerks of each participating City of the eGS Teen Court, the Teen Court Advisory Board, and the Teen Court Budget Advisory Committee, which will include: A. Accounting of defendants' work hours, placement, etc., B. Expenditures for program's operation, C. Update on progress of the program. ca.s.m.l.AGlI~CMb ..--.....---.."..,.....- Exhibit IIA" Pg. 2 10. Make recommendations to Municipal Court Judges and Teen Court Advisory Board concerning development and implementation of new Teen Court programs. 11. Serve as liaison between High School and Middle School students of each participating school district, eISD and GCISD administration, teachers, the Municipal Courts of each participating City, the eGS Teen Court, and Teen Court defendants and parents. 12 . Make recommendations to the Municipal Court Judge in cases where defendants have not fulfilled their sentences. 13. Be on-call at home during the evening and weekends as needed to receive phone calls, or make standby arrangements through the City Manager. 14. Provide original minutes of Teen Court and Teen Court Advisory Board meetings to the City Manager for dissemination to each participating member of the CGS Teen Court. Cl>>TN<.UCIlI~GIt... TOTAL P.07