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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 ' 06459 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. -2- 06460 ® 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 -3- 06461 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 -4- '06462 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 -5- "06463 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 -6- 06464 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 -7- '06465 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 -8- 06466 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 -9- 06467 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 -10- "06468 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. -11- 06469 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 -12- "06470