HomeMy WebLinkAbout12-10-87-08 - Resolution - 12/10/1987RESOLUTION NO.
12-10-87-08
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF COLLEGE STATION AND BRAZOS COU~TY
DESIGNED TO MAINTAIN AND CONTINUE DEDICATED PATROLS FOR
DRIVING WHILE INTOXICATED (DWI) ENFORCEMENT.
WHEREAS, on the 13th day of November, 1986, the College
Station City Council authorized the execution of a
contract between the City of College Station and
Brazos County for establishing and maintaining
dedicated patrols for driving while intoxicated
enforcement; and,
WHEREAS, said contract was executed, and was activated for
the period of one year and will soon terminate; and,
WHEREAS, on the 10th day of December, 1987, the College
Station City Council met in its regular meeting and
determined that this dedicated enforcement program
to deter potential offenders from driving while
intoxicated is an effective program, and further,
that continuation of city participation in the anti-
DWI efforts would be in the best interest of the City
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEGE STATION, TEXAS, that the Mayor is hereby
authorized to enter into the contract attached hereto in
order to maintain and continue the dedicated patrols for driv-
ing while intoxicated enforcement.
PASSED AND APPROVED this the
1987.
10th day of December ,
ATTEST:
APPROVED:
LARRY~ J .~u_~ GE R~AYO R
06458
COOPERATIVE AGREEMENT
This Agreement is between BRAZOS COUNTY, TEXAS (hereinafter
referred to as "County") and THE CITY OF COLLEGE STATION
(hereinafter referred to as "City").
WHEREAS, driving while intoxicated has become an increasing
public nuisance and danger to the health and safety of the
citizens of the community and;
WHEREAS, the Bryan/College Station community is attempting
to increase its efforts to apprehend and
individuals who drive while intoxicated and
awareness of the problem; and
prosecute those
increase public
WHEREAS, County and City have agreed to work cooperatively
in an enforcement program (hereinafter referred to as the "Task
Force") designed to apprehend and prosecute such individuals;
NOW, THEREFORE KNOW ALL MEN BY THESE PRESENTS that the
parties agree as follows:
1. The City shall provide off duty law enforcement
officers to conduct special DWI enforcement procedures
designed to apprehend and prosecute individuals that
drive while under the influence of alcohol in
conjunction with other law enforcement agencies within
the community.
2. The Task Force operations shall be conducted by no more
than four (4) volunteer enforcement officers from each
participating governmental entity working no more than
four (4) hours per night on those days and during those
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hours agreed upon by all the participating governmental
entities of the Task Force.
3. The participating governmental entities shall determine
and agree monthly upon the specific dates in any
particular month during which the Task Force
enforcement operations shall be conducted. Only those
operations conducted upon dates and during those times
agreed to by all participating governmental entities
shall be reimbursable by the County.
4. The parties hereunto shall be responsible for securing
the necessary volunteers from their respective law
enforcement departments for the Task Force.
5. The enforcement officers participating in the Task
Force shall be directly supervised, controlled and/or
deployed by the commanding officer of the governmental
entity of which such officer is an employee.
6. Any enforcement officer who apprehends, detains,
conducts tests upon a detained individual to determine
the sobriety of such individual or performs any other
act in cgnnection with his assigned task in the Task
Force shall be responsible for his individual actions
and conduct pursuant to his employing governmental
entity's regulations, guidelines and procedures and/or
state and federal laws.
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®
While working and performing duties as part of the Task
Force such volunteer enforcement officers shall not
perform any other regular law enforcement duties except
for those duties the officers must necessarily perform
in order to establish probable cause for a DWI stop and
arrest and in an emergency situation.
No volunteer enforcement officer
operations hereunder shall have law
while conducting
enforcement power
and authority outside his normal jurisdiction· Such
officers shall be deployed only within the responsible
governmental entity's jurisdictional limits·
While participating
enforcement officers
considered for any
County.
All enforcement
Force shall be
purposes
in the Task Force, the volunteer
of the City shall not be
to be the employees of
officers volunteering for the Task
compensated at a rate of one and
one-half (1-1/2) times that particular officer's hourly
rate. Should an officer be required to be on duty
longer than four (4) hours in any one night to complete
his case information, such additional overtime, which in
no event shall be more than two (2) hours,
compensated at the same rate as above stated.
shall be responsible for compensating
shall be
The City
officers
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11.
12.
13.
participating in the Task Force for any time spent by
such officer in Court as a result of the issuance of a
citation or the making of an arrest as a part of the
operations of the Task Force.
All vehicles, fuel, all equipment necessary to test the
sobriety of individuals detained and firearms shall be
provided by the employing governmental entity.
It is further understood and agreed that any officer
volunteering for operations conducted as part of the
Task Force is acting within the scope of his employment
and if
injury,
governmental
and/or its
liable for
while so acting suffers
death or property damage
entity employing the
or causes personal
or loss, the
officers involved
contracted insurance carriers shall be
all legally determined damages that shall
pertain to the responsible governmental
party to
insurance
hereunder.
entity. Each
this agreement agrees to obtain sufficient
coverage to meet the responsibilities
Such insurance coverages shall include but
are not ~imited to worker's compensation insurance, and
vehicular comprehensive and collision insurance.
This contract shall
expire at 12:00 p.m. on
option by County to
commence on October 1, 1987 and
September 30, 1988 with an
renew such contract each year
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14.
thereafter for a twelve month term contingent upon
availability of
the Task Force.
Either party to
agreement upon
the
funds for the continued operation of
this agreement may terminate this
thirty (30) days written notice to the
other party delivered by U. S. Mail, Return Receipt
Requested.
15. All data and materials created or collected during the
term of this Task Force shall be made available to the
County for its use in whatever manner it deems
necessary. The Anti-DWI Program personnel will
generate media publicity and press releases concerning
Task Force operation in Brazos County. Press releases
may also be issued by the City but only after
consultation and agreement as to the substance of such
release by all parties involved in the Task Force.
16. All employment rights and wage compensation for work
performed in or for each party shall be the
responsibility of the governmental entity employing the
officers, to be compensated. The City shall be
reimbursed by the County for the wages, FICA, and Texas
Municipal Retirement System Contrubutions of the
volunteer officers participating in the Task Force,
except that any compensation for time required to be
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17.
18.
spent by such officers in Court to aid in the
prosecution of those individuals arrested for driving
while intoxicated shall be the responsibility of the
City and not reimbursable. The City shall submit an
accounting of its reimbursable expenses to the County on
a monthly basis. The County shall reimburse such
expenses within thirty (30) days of the submission of
such accounting.
The City shall comply with the Regulations relative to
nondiscrimination in Federally-assisted programs of
U.S. Department of Transportation (hereinafter referred
to as "U.S. DOT"), Title
Regulations, Part 21 and Title
Regulations, Part 710.405(b),
from time to time, (hereinafter
49, Code of Federal
23, Code of Federal
as they may be amended
referred to as the
"Regulations"), which are herein incorporated by
reference and made a part of this contract.
The City, with regard to the work performed by it
during the contract, shall not discriminate on the
grounds Df race, color, sex, or origin in the selection
and retention of subcontractors, including procurements
of materials and leases of equipment. The City shall
not participate either directly or indirectly in the
discrimination prohibited by Section 21.5 of the
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19.
20.
Regulations, including employment practices, when the
contract covers a program set forth in Appendix B of
the Regulations.
It is not intended that
subcontract for the work to
City will enter into any
be performed under this
Agreement but in the event that the City does so, then
it shall in all solicitations, either by competitive
bidding or negotiation made by the City for work to be
performed under a subcontract, including procurements of
materials or leases or equipment, each potential
subcontractor or supplier shall be notified by the City
of the City's obligations under this contract and the
Regulations relative to nondiscrimination on the grounds
of race, color, sex, or national origin.
The City shall provide all information and reports
required by the Regulations or in directives
pursuant thereto, and shall permit access
County, Department of Highways and
Transportation (hereinafter
"Department") and/or U.S. DOT to
accounts, other sources of
referred
its books,
information,
issued
by the
Public
to as
records,
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. Where any information
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21.
22.
required of
another who
information,
a City is in the exclusive possession of
fails or refuses to furnish this
the City shall so certify to the
Department or the U.S. DOT, as appropriate,
set forth what efforts it has made
information.
In the event of
nondiscrimination
and shall
to obtain the
the City's noncompliance with the
provisions of this contract, the
Department shall impose such contract sanctions as it
or U.S. DOT may determine to be appropriate, including
but not limited to:
1. withholding of payments to the City under the
contract until the City complies; and,
2. cancellation, termination, or suspension of this
contract in whole or in part.
In the event there are procurements necessary under
this program, then the City shall include the provisions
of paragraphs (17) through (22) in every subcontract,
including procurements of materials and leases of
equipmenD, unless exempt by the Regulations, or by
directives issued pursuant thereto. The 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
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23.
sanctions for noncompliance; provided, however, that in
the event a City becomes involved in or is threatened
with litigation with a subcontractor or supplier as a
result of such direction, the City may request the
Department to enter into such litigation to protect the
interest of the State; and, in addition, the City may
request the United States to enter into such litigation
to protect the interest of the United States.
City understands that 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, in the event that City enters into
any subcontract then the Minority Business Enterprise
requirements of 49 CFR Part 23, exclusive of Subpart D,
apply to this contract as follows:
The 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 financed in
whole or in part with Federal funds. In this regard,
the City shall take all necessary and reasonable steps
in accordance with 49 CFR Part 23, exclusive of Subpart
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24.
25.
26.
D, to insure that Minority Business Enterprises have
the maximum opportunity to compete for and perform
contracts.
The 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.
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 of the Department, may result in
termination of the contract by the State or other such
remedy as the State deems appropriate.
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.
Any party to this agreement may withdraw at any time,
upon thirty (30) days written notice to all of the
other parties. This agreement however shall continue
to exist among the remaining parties, if any.
Additional governmental entities may become parties to
this agreement upon acceptance and execution of an
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27.
28.
identical agreement, and upon approval by the governing
bodies of the governmental entities already a party to
this agreement.
This agreement shall be in full force and effect and
legally binding upon the parties hereto upon such time
as signed by each governmental entity.
In the event any one or more of the provisions
contained in this Agreement shall for any reason be
held invalid, illegal or unenforceable in any respect,
such invalidity, illegality or unenforceability shall
not affect any other provision hereof, and this
Agreement shall be construed as if such invalid,
illegal or unenforceable provision had never been
contained herein.
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B~ COUNTY, TEXAS
~. J~. Holmg~een
County Judge
CITY OF COLLEGE STATION, TEXAS
Mayor
frank Boris~fe
County Clerk
ATTEST: ;
, ~
he
Dian ~tary
City
Approved a~ to Form
By: ~ ~
Cathy Locke
City Attorney
Approved as to Substance
William K. Cole
City Manager
Approved as/~/Fundi/g
William Harrison
Director of Finance
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