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HomeMy WebLinkAboutResolution - 2010-R0519 - Interlocal Cooperation Agreement With Lubbock County - 10/14/2010Resolution No. 2010-RO519 October 14, 2010 Item No. 5.30 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Cooperation Agreement with Lubbock County for the provision labor services for cleaning and maintaining public rights of way within the City of Lubbock, and all related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this October 14 , 2010. TOM MARTIN, MAYOR ATTEST: ---- `.----I -- cca Garza, City APPROVED AS TO C Scott Snider Assistant City Manager/Community Services APPROVED AS TO FORM: countyl nterl ocalROW.res 9.28.10 Resolution No. 2010-RO519 INTERLOCAL COOPERATION AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT is entered into on this 14th day of October , 2010, by and between Lubbock County, Texas (hereafter referred to as "County") and the City of Lubbock, Texas (hereafter referred to as "City"), both parties being political subdivisions and local governments of the State of Texas, pursuant to the authority granted and in compliance with the provisions of the Interlocal Cooperation Act, Texas Government Code, Chapter 791 and in furtherance of the responsibilities of said parties as provided under the law. I. DEFINITIONS (1) "Governmental functions and services" means all or part of any function or service included within the following areas: streets, roads and drainage; public health and welfare; parks and recreation; and waste disposal. (2) "Administrative functions" means functions normally associated with the routine operation of government. (3) "Law Enforcement Officer" means any police officer, sheriff, deputy sheriff, constable, deputy constable, marshal, deputy marshal, Department of Public Safety officer, or any other person commissioned as a peace officer under the laws of this State. For purposes of this agreement only, this term shall include correctional personnel employed by the Lubbock County Sheriffs Department. (5) "Party" means the City of Lubbock or Lubbock County. (6) "Municipality" means the City of Lubbock. (7) "Chief Law Enforcement Officer" means the Chief of Police of the City of Lubbock or the Sheriff of Lubbock County (8) "Chief Administrative Officer" means the City Manager of the City of Lubbock or the County Judge of Lubbock County. II. PURPOSES The purpose of this Agreement is to cooperate in the provision of labor services for the purpose of cleaning and maintaining public rights of way and other public property owned, operated or controlled by the City within the bounds of the City of Lubbock, said labor services to be carried out by inmates of the Lubbock County Jail with supervision of the said inmates to be carried out by Law Enforcement Officers of the Lubbock County Sheriffs Office who shall be either Correctional Officers or Deputy Sheriffs. The services performed and expenditures made pursuant to this Agreement shall be deemed for public and governmental purposes. III. AUTHORIZATION (1) This Agreement shall be duly authorized by the governing body of each party as evidenced by the signatures of each Chief Administrative Officer who signed herein. If a governing body fails to authorize such Agreement, then this Agreement shall be considered null and void. (2) Each party paying for the performance of governmental functions or services pursuant to this Agreement shall make payments therefore from current revenues available to the paying party. (3) Each party's Chief Administrative Officer shall designate the appropriate official or officials within its jurisdiction to take actions necessary to carry out the purposes of this Agreement. Each party shall provide the other with the name, address, title or position, and telephone number of each designated official. The same information shall be provided for the official authorized to direct activities under this Agreement, if different from the above mentioned officials. IV. COUNTY DUTIES (1) Lubbock County will provide working inmates in a number to be agreed upon between the parties to perform labor services for the City in accordance with the purposes of this Agreement upon request to the Lubbock County Sheriff or his designee by the City of Lubbock City Manager or her designee. (2) Lubbock County will provide sufficient staff, as determined by the Sheriff or his designee to supervise the working inmates. (a) The work to be provided shall include, but not be limited to, picking up and removing trash and other debris from public rights of way, roads, streets and highways within the City, or other public property owned, operated or controlled by the City as mutually agreed upon between the Chief Administrative Officer of the City or her designee and the Sheriff of Lubbock County or his designee. (b) A County law enforcement officer who is ordered by the official designated by Lubbock County to perform duties pursuant to this Agreement shall be entitled to the officer's customary wage, salary, pension, and other compensation and rights, including injury or death benefits. The County shall pay all wages and disability payments, pension payments, damages to equipment and clothing and such other customary expenses of the said officer. (c) Law enforcement officers acting pursuant to this Agreement shall be deemed to be employed in the full line and cause of duty of County and shall be considered, for all purposes, to be employees of County. (3) Lubbock County will provide to the Chief Administrative Officer of the City or her designee any items or scrap materials of monetary value, such as but not limited to US currency, copper metal, etc. at the end of each working shift. V. CITY DUTIES (1) The City shall reimburse County for all costs incurred by County law enforcement officers pursuant to their performance under this Agreement and for which an invoice has been submitted by County. For purposes of this Agreement, the costs subject to reimbursement are those costs incurred by County pursuant to the officer's regular employment. This includes all salaries and fringe benefits of the Officers providing services under this Agreement. (2) The City shall provide all equipment necessary to carry out the requirements of this Agreement. VI. WAIVER All immunities from liability enjoyed by each party within its own territorial limits and jurisdiction shall extend to its participation in performing actions pursuant to this Agreement unless otherwise provided by law. Each party to this agreement will be responsible for its own actions in providing services under this agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. VII. AMENDMENTS This Agreement contains all commitments and agreements of the parties and no other oral or written commitments shall have any force or effect if not contained herein. Any proposed amendments shall not be effective until approved in writing by all parties to this Agreement. VIII. TERM AND EFFECTIVE DATE This Agreement shall become effective upon signing by both parties and by the authorized and designated agents of the governing body of each party. It shall remain in effect until terminated by either party upon written notice setting forth the date of termination. The parties agree that each shall have the right to terminate this Agreement upon thirty (30) days written notice to the other party of this Agreement. IX. VENUE Each party agrees that if legal action is brought under this Agreement, exclusive venue shall lie in the Lubbock County, Texas. X. SAVINGS CLAUSE In the event that one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this Agreement. XL PAYMENTS The City shall pay the County for the salaries of county employees assigned to supervise the inmates during the time that the said inmates are employed in carrying out the purposes of this Agreement. The compensation due each law enforcement officer shall be determined by County. The maximum amount which shall be paid by City pursuant to this Agreement shall not exceed Two Hundred Ninety five Thousand no/100 dollars ($295,000.00). The County shall submit an invoice for the amount due under this Agreement to the City on a quarterly basis. Payment shall be made by the City within thirty (30) days after receipt of the receipt of the invoice. This provision shall be subject to renegotiation upon an annual basis by the parties hereto. IN WITNESS WHEREOF, the parties to this Agreement have executed this Agreement as of the effective date written below, each respective party acting by and through its governing body or its designee in the manner required by each party's charter or otherwise required by law on the date herein below specified. SIGNED this 14th day of October , 2010. CITY OF LUBBOCK TOM MA TIN MAYOR ATTEST: LUBBOCK COUNTY r THOMAS V. HEAD COUNTY JUDGE ATTEST: Fi vt� lr ALLI� .EBECCA GARZA -' , -• SECRETARYCITY COUNTY :� •ice , • • APPROVED AS TO CO ENT: ,5at SCOTT SNIDER ASSISTANT CITY MANAGER COMMUNITY SERVICES APPROVED AS TO FORM: B.J. `B I" HEMMELINE CIVIL DIVISION CHIEF CRIMINAL DISTRICT ATTORNEY'S OFFICE CONTENT: �(/<Zg -- KELL R SHERIFF LUBBOCK COUNTY SHERIFF'S OFFICE