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1992-044City of Southlake, Texas RESOLUTION NO.92-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTHLAKE AND CARROLL INDEPENDENT SCHOOL DISTRICT FOR FUNDING THE TEEN COURT PROGRAM; AND A CONTRACT WITH AN INDEPENDENT CONTRACTOR FOR PERSONAL SERVICES AS A TEEN COURT COORDINATOR; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Carroll Independent School District have agreed to participate in the City of Southlake Teen Court; and, WHEREAS, the City and CISD have each budgeted to fund 10,000 toward the Teen Court Coordinator; and, WHEREAS, the Municipal Court Judge will oversee the operations of the Teen Court and request the appointment of a paid Teen Court Coordinator; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All the above premises are found to be true and correct and are hereby incorporated into the body of this Resolution as if copied in its entirety. Section 2. The City and CISD each agreed to fund $10,000 toward the Teen Court Coordinator. Section 3. The Teen Court Advisory Committee will make a recommendation to the Municipal Court Judge for appointment of the Teen Court Coordinator and the Municipal Court Judge will request approval of a Teen Court Coordinator by the City. Section 4. The Mayor is hereby authorized to enter into an Interlocal Agreement between the City and the CISD to fund the Teen Court Coordinator. Section 5. The Mayor is hereby authorized to enter into an agreement between the City and an Independent Contractor , as requested by the Municipal Court Judge, for a Personal Services Contract for Teen Court Coordinator. 4 i City of Southlake, Texas Resolution No. 92-44 Teen Court Interlocal Agreement page two Section 6 This Resolution is hereby in effect upon passage by the City Council. PASSED AND APPROVED this the day of&IQ-L) 1992. City Secretary APPROVED AS TO FORM: wkohv-, City Attorney City of Southlake, Texas CITY OF_SOUTHLAKE, TEXAS By: tary Ficke (, yor INTERLOCAL AGREEMENT CITY OF SOUTHLARE AND CARROLL I.S.D. This Contract and Agreement, entered into the day of 11 1992, by and between the City of Southlake, herein called "City," a Municipal Corporation of Tarrant and Denton Counties, by and through its duly authorized Mayor, and the Carroll Independent School District, herein called "School District," by and through its duly authorized , both parties acting herein under the authority and pursuant to the terms of Article 4413(32c) known as the "Interlocal Cooperation Act," WITNESSETH THAT: WHEREAS, the City Council of the City of Southlake and the Board of Trustees of the Carroll Independent School District jointly find that it will be in the public interest to enter into this agreement for the purposes set out hereinbelow, NOW, THEREFORE, it is mutually agreed between the City and 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. 2. The community will benefit from this interaction as well. Through their involvement in Teen Court, the community is afforded a unique opportunity to become involved in the education of juvenile offenders, as well as juvenile volunteer. 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 has been appointed comprised of nine (9) members: two (2) citizens and one (1) member of the City Council, appointed by the City Council; one (1) member of the School District staff and one (1) member of the Board of Trustees of the School District, appointed by the School District on an annual basis; and, four (4) students of Carroll High School selected by the School District. 4. The City shall contract for professional and personal services to coordinate the activities of the Southlake Teen Court program. Page 1 7FEVC7Z ACW0ftD&PE5&AQifY ti . N 5. The selection of the Independent Contractor to serve as Teen Court Coordinator shall be subject to the approval of the Municipal Court Judge. 6. The School District shall pay to the City the sum of 10,000 for the School District's contribution to the City's Teen Court Program. The City shall submit invoices quarterly requesting payment in the amount of,$2,500. 7. Scope of services provision in Personal Services Contract with Teen Court Coordinator shall provide that Teen Court Coordinator shall counsel with students and work closely with School District staff including Director of Maintenance and Operations to provide, whenever possible, community service through the CISD. 8. This Contract shall be for the initial period of one (1) year beginning 9. Either party hereto may terminate this agreement without recourse or liability upon thirty (30) days written notice to the other party. ATTEST: hw,,, / 1&",61 Sandra L. LeGrand City Secretary Approved as to form and legality: City Attorney Page 2 M%t7L A O V QRDAPJ3"O1/Y yor, ` erry JA Wes City of Southlake Carroll Independent School District CONTRACT FOR PERSONAL SERVICES This Contract and Agreement, entered into as of this day of 1 1992, by and between the City of Southlake, Texas, a municipal corporation of Tarrant and Denton Counties, hereinafter referred to as "CITY," and hereinafter referred to as "CONTRACTOR," WITNESSETH THAT: WHEREAS, the City and the Carroll Independent School District have entered into an interlocal agreement to jointly fund the operation of a Teen Court; and, WHEREAS, the City desires to engage the Contractor to render professional and personal services hereinafter described in connection with the operation of the Teen Court; and, WHEREAS, the Municipal Court Judge has 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. Emplovment 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 City of Southlake Teen Court. 2. Scone of Services. The Contractor shall perform all the necessary services under this Contract and Agreement to coordinate the overall activities of the City of Southlake Teen Court Program with the Municipal Court Judge, Municipal Court Clerk, and the Teen Page 1 79FJYCT Adt/O1tD&P23 GR/Y Court Advisory Committee, as determined by the City, to include the following: A. All activities set out in Attachment A. B. All other activities required by the Municipal Court Judge, Municipal Court Clerk, and/or the Teen Court Advisory Committee in connection with the operation of the Teen Court program. 3. Compensation. City agrees to pay the Contractor the sum of for those services set out hereinabove. 4. Method of Pavment. 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 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. 5. Independent Contractor. Contractor shall do all work in a safe, efficient, good and workmanlike manner with Contractor's own equipment, according to Contractor's own methods, all of which equipment shall belong to and be and remain in the exclusive charge and control of Contractor, and not subject to control or supervision by City. 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 City; that Contractor has the right to control the day-to-day Page 2 7EE NCT.AOVORDARES"GRAb 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 will have no authority to bind the City or otherwise incur liability on behalf of the City. Further, City will have no obligation to provide insurance or other benefits on behalf of Contractor and all taxes due on compensation received by Contractor hereunder will be the sole responsibility of Contractor. 6. Reports. 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 City and shall be retained with 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. 9. Assianability. The Contractor shall not assign any interest in this Contract, and shall not transfer any interest in the same, without the prior written consent of the City. 10. Term of Contract. This Contract and Agreement shall be for a period of one (1) year beginning Page 3 72EAFCT AGWORDARES&A41Ar 0 11. Termination of Contract. Either party hereto, Contractor or City, 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. Chancres. 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. IN WITNESS WHEREOF the City and the Contractor have executed this agreement as of the date first above written. Approved as to legal form and adequacy: BY Attorney at Law Page 4 ZEENCT A MORDAR6LAQA & Mayor, City of Southlake Contractor ATTACHMENT "A" SCOPE OF SERVICES FOR THE SOUTHLARE TEEN COURT COORDINATOR 1. Organize the Teen Court trials including: A. Schedule the court docket, B. Contact and schedule the Teen Court Judge, C. Contact and schedule the Teen Court officers: including attorneys and bailiff, D. Notify the defendants of their trail date, E. Assign defendants to the attorneys, F. Publicize the date and time of the court session at the schools to draw random jurors, G. Supervise the students during the court session. 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 school Carroll ISD and City of 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 Municipal Court Clerk of status of all defendants. 6. Provide counseling to Teen Court defendants. 7. Establish and maintain office hours at a City or CISD 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, the CISD superintendent, Municipal Court Clerk, and the Teen Court Advisory Board which will include: A. Accounting of defendants' work hours, placement, etc., B. Expenditures for program's operation, C. Update on progress of the program. 7FFJVCT AAQ/ORDIRE4AGK4b 7 Exhibit "A" Pg. 2 10. Make recommendations to Municipal Court Judge and Teen Court Advisory Board concerning development and implementation of new Teen Court programs. 11. Serve as liaison between Carroll High School and Carroll Middle School students, CISD administration, teachers, Municipal Court, 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. Assist in fund raising to help defer Teen Court costs. 14. Be on-call at home during the evening and weekends to receive phone calls. 15. Provide original minutes of Teen Court and Advisory Board meetings to City Secretary, and disseminate copy to C.I.S.D. Superintendent. 0 ZEffvar„uGvaW&RES GR,%