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HomeMy WebLinkAbout05-26-88-17 - Resolution - 05/26/1988RESOLUTION NO. 5-26-88-17 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND BRAZOS COUNTY TO EN- GAGE IN A "MOBILE DWI VIDEOTAPING PROGRAM" DURING THE PERIOD FROM MAY 26, 1988 THROUGH AUGUST 31, 1988. WHEREAS, the College Station City Council previously autho- rized the execution of a contract between the City of College Station and Brazos County for establi- shing and maintaining dedicated patrols for driving while intoxicated enforcement; and, WHEREAS, said contract was duly executed and this dedicated enforcement program to deter potential offenders from driving while intoxicated has proven to be an effective program; and, WHEREAS, WHEREAS, with the goal of enhancing prosecution of DWI offenders, the proposed "Mobile DWI Videotaping Program" would combine with the current Anti-DWI Task Force to perform an on-site videotaping of persons detected and apprehended for the crime of driving while intoxicated; and, the proposed "Mobile DWI Videotaping Program" will be a pilot program to test the usefulness and suc- cess in case prosecution of mobile DWI videotaping procedures designed to make a videotaped record of the detection, apprehension, and arrest of DWI sub- jects, and said program will be monitored by the Texas Traffic Safety Program of the State De~ of Highways and Public Transportation; and, WHEREAS, on the 26th day of May, 1988, the College Station City Council met in its regular meeting and deter- mined that the Agreement to establish a "Mobile DWI Videotaping Program" during the period May 26, 1988 through August 31, 1988, could be effected without additional cost to the city, and that city partici- pation in said program would be in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CIT% OF COLLEGE STATION, TEXAS, that the Mayor is hereby authorize~ to execute the Cooperative Agreement between Brazos County the City of College Station to establish this program for the period May 26, 1988 through August 31, 1988. PASSED AND APPROVED this the 26th day of May , 1988. APPROVED: ATTEST: Dfan J~,-City Secretary 06695 This Cooperative Agreement shall be between BRAZOS COUNTY, TEXAS (hereinafter referred to as "COUNTY") and THE CITY OF COLLEGE STATION (hereinafter referred to as "CITY"). P~SE In response to the ever increasing public danger and nuisance of individuals who drive while intoxicated and, in order to protect the health and safety of the citizens of this community, "COUNTY" and "CITY" by this Cooperative Agreement form a joint enforcement program utilizing mobile videotaping equipment (hereinafter referred to as the "Mobile DWI Videotaping Program") designed to enhance prosecution by making a record with mobile on-site videotape, those persons detected, and subsequently apprehended, who drive while intoxicated. Through this Cooperative Agreement the parties sole purpose is to increase successful prosecution of those individuals who are apprehended driving while intoxicated. THEREFORE, the parties agree as follows: 1. "CITY" shall provide certified law enforcement officers assigned to utilize the mobile videotaping equipment designed to videotape individuals that drive while intoxicated. 2. "COUNTY" shall reimburse "CITY" for no more than one (1) certified law enforcement officer employed by "CITY" working no more than four (4) 06696 hours per day on those days and during those hours agreed upon by "COUNTY" and "CITY". 3. "COUNTY" and "CITY" shall jointly determine and agree on the specific dates in any particular month during which the Mobile DWI Videotaping Program enforcement operations shall be conducted. Only those operations conducted upon dates and during those times agreed to by "COUNTY" and "CITY" shall be reimbursable by "COUNTY". 4. "CITY" shall be responsible for securing the necessary certified law enforcement officers for the Mobile DWI Videotaping Program. 5. Any certified law enforcement officer participating in the Mobile DWI Videotaping Program shall be supervised, controlled and/or deployed by the Chief of Police of "CITY". 6. Any certified law enforcement officer who apprehends, detains, conducts tests upon a detained individual to determine the sobriety of the individual, or performs any other act in connection with his/her assigned task in the Mobile DWI Videotaping Program shall be responsible for his/her individual actions and conduct pursuant to State and Federal laws and to the regulations, guidelines, and procedures of "CITY". 7. While participating in the Mobile DWI Videotaping Program certified law enforcement officers shall not perform any other regular law enforcement duties except for those duties the officer must necessarily perform in order to establish probable cause for a driving while intoxicated stop and arrest. This shall not, however, prevent an officer from taking such other action(s) as may be necessary in the event of an emergency situation. 8. Certified law enforcement officers while participating in the Mobile DWI Videotaping Program herein shall have law enforcement power Page 2 of 9 6697 and/or authority as set out under the Texas Code of Criminal Procedure and the laws of this state and according to the rules, regulations and ordinances of "CITY". Officers shall be assigned and deployed within the jurisdictional limits of "CITY". 9. By participating in the Mobile DWI Videotaping Program, a certified law enforcement officer of "CITY" shall not be considered for any purposes to be the employee of "COUNTY". 10. Certified law enforcement officers participating in the Mobile DWI Videotaping Program shall be compensated at a rate of one and one-half (1- 1/2) times that particular certified law enforcement officer's hourly rate of pay (including longevity and educational incentive pay). Should the certified law enforcement officer be required to be on duty longer than four (4) hours in any one day to complete reports, case information, booking information or other necessary documentation, such additional overtime, which in no event shall be more than two (2) hours, shall be compensated at the same rate as above stated. "COUNTY" shall reimburse "CITY" for ~mployees of "CITY" participating in the Mobile DWI Videotaping Program only for time actually spent in detection and apprehension of individuals ~ho drive while intoxicated and documentation incident thereto. "CITY" shall be responsible for compensation of certified law enforcement officers participating in the Mobile Videotaping Program for any time spent by certified law enforcement officers in Court. 11. Videotaping equipment, vehicles, sobriety testing equipment, uniforms, firearms and other equipment used by the certified law enforcement officers while participating in the Mobile DWI Videotaping Program shall be provided by "CITY". Actual vehicle mileage driven by certified law Page 3 of 9 06698 enforcement officers of "CITY" participating in the Mobile DWI Videotaping Program shall be a reimburseable expense by "COUNTY" to "CITY under this Cooperative Agreement compensated at a rate of twenty-one cents ($0.21) per mile. Employee compensation and mileage compensation as stated herein shall be the only reimburseable expenses by "COUNTY" to "CITY" under this Cooperative Agreement. 12. Further, it is understood and agreed that any certified law enforcement officer participating in the Mobile DWI Videotaping Program is acting within the scope of his/her employment of "CITY" and if while so acting suffers or causes personal injury, death, or property damage or loss to themselves or another, "CITY" and/or its contracted insurance carrier shall be liable for all legally determined damages. "CITY" agrees to obtain and to maintain during the term of this Cooperative Agreement sufficient insurance coverage to meet its responsibilities herein. Insurance coverage shall include, but is not limited to, worker's compensation, vehicular comprehensive and collision, bodily injury, property damage, liability, false arrest, and general liability insurance. 13. This Cooperative Agreement shall commence on May 26, 1988, and expire at 12:00 midnight, August 31, 1988, with an option by "COUNTY" to renew such Cooperative Agreement thereafter contingent upon the availability of funds for the continued operation of the Mobile DWI Videotaping Program. This Cooperative Agreement shall be the exclusive Cooperative Agreement between "CITY" and "COUNTY" and shall be in full force and effect and legally binding upon the parties hereto upon such time as signed and executed by "CITY" and "COUNTY". 14. Either party to this agreement may terminate this agreement upon thirty (30) days written notice to the other party delivered by U. S. Mail, Page 4 of 9 06699 Return Receipt Requested. 15. All data and materials created or collected during the term of this Mobile DWI Videotaping Program shall be made available to "COUNTY" for its use in whatever manner it deems necessary. Media publicity and press releases concerning the Mobile DWI Videotaping Program in Brazos County may be issued by "COUNTY" or by "CITY". Releases of statistical data may only be issued by "CITY" after consultation and agreement as to the substances of such releases by the Brazos County Anti-DWI Program. 16. All employment rights and wage compensation for work performed in or for parties to this Cooperative Agreement shall be the responsibility of "CITY". "CITY" shall be reimbursed by "COUNTY" for actual wages, including longevity and educational incentive pay, of certified law enforcement officers participating in the Mobile DWI Videotaping Program. Compensation for time required to be spent by certified law enforcement officers in Court to aid in the prosectuion of those individuals arrested for driving while intoxicated shall be the responsibility of "CITY" as set out in paragaph ten (10) of this Cooperative Agreement and shall not be reimbursable. "CITY" shall submit an accounting of all reimbursable expenses to "COUNTY" on a monthly basis and in a form as agreed upon by parties. "COUNTY" shall reimburse such expenses within thirty (30) days of the submission of such accounting as agreed by parties. 17. "CITY" shall comply with the regulations relative to nondiscrimination in Federally-assisted programs of the U. S. Department of Transportation (hereinafter referred to as "U. S. DOT"), Title 49, Code of Federal Regulations, Part 21 and Title 23, Code of Federal Regulations, Part 710.405(b), as they may be amended from time to time, (hereinafter referred Page5 of 9 "T6700 to as the "Regulations"), which are herein incorporated by reference and made a part of this contract. 18. "CITY", with regard to the work performed during the term of this Cooperative Agreement, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. "CITY" shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices, when the contract covers a program set forth in Appendix B of the Regulations. 19. In all solicitations either by competitive bidding or negotiation made by "CITY" for work to be performed under this subcontract, including procurements of materials or leases or equipment, each potential subcontractor or supplier shall be notified by "CITY" of "CITY'S" obligations under this Cooperative Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin. 20. "CITY" shall provide "COUNTY" all information and reports required by the Regulations or in directives issued pursuant thereto, and shall permit access by "COUNTY", Department of Highways and Public Transportation (hereinafter referred to as "Department") and/or U.S. DOT to its' books, records, accounts, other sources of information, and its' facilities as may be determined by the Department or by U.S. DOT to be pertinent to ascertain compliance with such Regulations or directives. 21. In the event of noncompliance by "CITY" with the nondiscrimination provisions of this Cooperative Agreement, the Department shall impose such contract sanctions as it or the U. S. DOT may determine to be appropriate, Page 6 of 9 06701 including, but not limited to the withholding of payments to "CITY" under the Cooperative Agreement until the "CITY" complies, and/or cancellation, termination, or suspension of this Cooperative Agreement in whole or in part. 22. "CITY" shall include the provisions of paragraphs seventeen (17) through twenty-two (22) in every subcontract, for work under this Cooperative Agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or by directives issued pursuant thereto. "CITY" shall take such action with respect to any subcontract or procurement as the Department or U. S. DOT may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event "CITY" becomes involved in or is threatened with litigation with a subcontractor or supplier as a result of such direction, "CITY" may request the Department to enter into such litigation to protect the interest of the State of Texas; and, in addition, "CITY" may request the United States to enter into such litigation to protect the interest of the United States. 23. It is the policy of the Department of Transportation that Minority Business Enterprises as defined in 49 CFR Part 23, Subpart A, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. Consequently, the Minority Business Enterprise requirements of 49 CFR Part 23, exclusive of Subpart D, apply to this contract as follows: a.) "CITY" agrees to insure that Minority Business Enterprises as defined in 49 CFR Part 23, Subpart A, have the maximum opportunity to participate in the performance of contracts and subcontracts Page 7 of 9 '"q6702 financed in whole or in part with Federal funds. In this regard, "CITY" shall take all necessary and reasonable steps in accordance with 49 CFR Part 23, exclusive of Subpart D, to insure that Minority Business Enterprises have the maximum opportunity to compete for and perform contracts. b.) "CITY" and any Subcontractor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of the contracts funded in whole or in part with Federal funds. c.) These requirements shall be physically included in any subcontract. Failure to carry out the requirements set forth above shall constitute a breach of contract and, after the notification by the Department, may result in termination of the contract by the Department or other such remedy as the Department deems appropriate. 24. This agreement shall not be construed as or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action hereunder for any cause whatsoever based in whole or in part on this Cooperative Agreement. 25. "CITY" and "COUNTY" shall not have an exclusive Cooperative Agreement as to the Mobile DWI Videotaping Program and "COUNTY" may enter into identical and/or similar Cooperative Agreements with others as "COUNTY" desires. 26. In the event that any one or more of the provisions contained in this Cooperative Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or Page 8 of 9 "q6703 unenforceability shall not affect any other provision herein, Cooperative Agreement shall be construed as if the invalid, unenforceable provision had never been contained herein. SIGNED AND EXECUTED this the BRAZOS COUNTY, TEXAS R.J. ~;~_mgreen County Judge CITY OF COLLEGE STATION, TEXAS and this illegal or day of ~_~, 1988. ATTEST: County Clerk ATTEST: Dian Jones City Secretary Page 9 of 9 ' 06704 DJrecior R. J. Holmsreen County Judse BRAZOS COUNTY ANTI-DWI PROGRAM Coordinator Kristi K. Matthews May 5, 1988 Chief Michael Strope College Station Police Department P. O. Box 9960 College Station, Texas 77840 RE: Mobile DWI Videotaping Program Dear Chief Strope, Enclosed you will find draft copies of a cooperative agreement between Brazos County and the City of College Station describing the Mobile DWI Videotaping Program which you have discussed with Mr. Jim Kuboviak of the Brazos County Attorney's Office. Due to the limited amount of time available to conduct this program, I have enclosed two original documents to be signed and executed in the event that you find the agreement acceptable. I have inserted May 26, 1988 as the commencement date (please see item 13, page 4), to allow time for review by the City's Legal staff and placement on the Council agenda. Should you find the agreement acceptable as written, please proceed to obtain the required signatures. If you have areas of concern or changes to be considered, please contact me. You will also find enclosed a copy of my proposal to the State Department of Highways and Public Transportation which describes the program in more detail. The proposal has been approved and I am awaiting final signatures to begin the videotaping operations. I am pleased to assist in this very worthwhile effort to provide additional evidence in the cases of arrested DWI offenders in Brazos County. Respectfully yours, Kristi Matthews Coordinator BRAZOS COUNTY COURTHOUSE · 300 E. 26TH STREET, SUITE 310 W · BRYAN, TEXAS 77803 · 409/361-4319 6705 TEXAS TRAFFIC SAFETY PRO~RAM (3ONTRACT STATE DEPI%R'I~4T OF HIGHWAYS AND PUBLIC TRANSPORTATION TRAFFIC SAFETY SECTION AUSTIN, ~ 78701 Brazos County Mobile DWI Videotaping Program BRI~ DESCRIPTION OF PROJECT (FOR DETAIL~, SEE ~TATE~ OF NDRK) To implement a planned mobile DWI videotaping program involving the making of a record with mobile on-site videotape, those persons, detected and apprehended, who drive while intoxicated in Brazos County. The program will provide information on the usefulness and success of additional evidence in the prosecution and sentencing of DWI offenders. To enhance prosecution of DWI offenders using on-site videotaped evidence. RE'TROD OF EV/D..UATION (FOR DEI'~, SEE S'TA~ OF Im~DRIO Administrative COST CATEGORY THIS 6ONTRACT PROPOSED PROJECT PERIOD PERSONAL SERVICES $ 8536.00 CONTRACT SERVICES $ 0.00 CO~ODITIES $ 0.00 OTHER DIRECT COST $ 1464.00 INDIRECT COST $ 0.00 PROFIT $ 0.00 FROM 05-01-88 TO 08-31-88 CONTRACT PERIOD ENDS 08-31-88 TYPE OF REIMBUR~EMENT ACTUAL COST THIS CONTRACT INCLUDES 3 ATTAC~ 1. STATEMENT OF WORK 2. GENERAL PROVISIONS 3. SPECIAL PROVISIONS ' 06706 Attachment I STAT]~I' OF WORX I. HMP AUTMORI~ATIO~: This contract implements Task A, PSP (88)01-02- of the FY 88 Highway Safety Plan. II. PROIM...I~4 STATEMENT: Evidence now available for use in the prosecution of Driving While Intoxicated cases includes 6fficer testimony, eyewitness and expert testimony, results of tests to determine the alcohol concentration of the blood, and videotaped recordings of subjects after they are in custody and placed within a secure detention facility. On-site videotaping of the arrested subject, including driving performance, is not presently available for prosecution. Pilot testing of the Mobile DWI Videotaping Program will provide detailed information on the usefulness and success of this additional evidence in the prosecution and sentencing of DWI offenders. III. OBJECTIVE: 1. To pilot test the usefulness and success in case prosecution of mobile DWI videotaping procedures designed to make a videotaped record of the detection, apprehension, and arrest of DWI subjects. IV. RESPONSIBILITIES OF THE CO~TRACTDR: A. Carry out the objectives according to the milestone schedule in the approved contract. B. Report to the Department, on approved forms, following: according to the 1. A monthly Project Performance Report describing activities and accomplishments will be submitted no later than the 28th day of the month following the reporting period. 2. A Financial Status Report will be submitted no less than quarterly by the 28th of the month following the reporting period. Page 1 of 3 06707 A Final Report summarizing all activities and accomplishments will be submitted no later than sixty (60) days after the contract end date. In addition to the Mobile DWI Videotaping enforcement activities, maintain traffic enforcement activity jurisdiction-wide at not less than the level attained prior to contract approval. De Insure that 95% of the hours planned for each month are actually worked that month, and that 90% of the enforcement hours for which reimbursement is claimed are spent on dedicated DWI enforcement activities using the mobile videotaping equipment. E. Attend meetings according to the following: The contractor may arrange for meetings with the Department to present status of activities, discuss problems and present a schedule for continuing work. e The program coordinator or other qualified person will be available to represent the Contractor st meetings requested by the Department. ¥. RESPONSIBILITIES OF THE DEP~: A. Monitor the Contractor's compliance with performance obligations and fiscal requirements of this contract. B. Provide program management and technical assistance as appropriate. Ce Reimburse categories 18.133-1· the contractor according to the following cost up to the Reimbursement Limits on Page 1 of Form File Personal Services: Actual cost of wages, including longevity and educational incentive pay, for Mobile DWI Videotaping Program enforcement employees. a Actual cost of wages for coordination support, not to exceed 10% of the total contract amount. Costs for the supervision of enforcement officers are not eligible for reimbursement. 3. Actual costs for travel and per diem (not to exceed state reimbursement rates) for attending meetings called by the State. Other Direct Costs: 1. Mileage, actual costs not to exceed .21 cents per mile. Page 2 of 3 '06708 VII. MILESTONES: AC?IO~ A. Reimbursement request submitted P~SIBLE Contractor B. Activity reports submitted Contractor C. Progress Review Contractor & Department PEBFOP, M~NCE I~)IC~I~)P~: A. Enforcement hours worked B. Total DWI arrests made C. Cases filed with on-site videotaped evidence D. Pleas of guilty E. Conviction rate F. Punishment assessed (X]MPLETION no more than 28 days after reporting period no more than 28 days after reporting period 60 days after contract implementation Page 3 of 3 C6709 ifl~*OR~ACTXVXTII~: I. Per'sop_al Services: A. Enforcement (Overtime) 1. Patrol Officers: II. Bm 468 hours ~ $18.00 per hour = $ 8424 Travel & Per Diem (State Rate) 1. Travel for one person to attend one meeting called by D-18STO: = $ 112 Other' Direct A. Mileage (State Rate) 1. Patrol Activity 6971 miles ~ $ .21 per mile = $ 1464 $1OOOO "06710