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HomeMy WebLinkAboutResolution - 2019-R0304 - Texas Department Of Public Safety - Tactical Flight Officer - 08/27/2019 Resolution No. 2019-R0304 Item No. 6.27 August 27, 2019 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: TIIAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock and the Lubbock Police Department, an interlocal agreement by and between the City of Lubbock and the State of Texas, on behalf of the Texas Department of Public Safety, in an amount payable by the State of Texas in an amount not to exceed $24,000.00, providing for the assignment by the Lubbock Police Department of a Tactical Flight Officer to the Department of Public Safety, and for the reimbursement of certain travel expenses, and related documents. Said interlocal 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 on August 27. 2019 DANIEL M. POPE, MAYOR ATTEST: Rebe ca Garza, City Secreta APPROVED AS TO C NTENT: Jerry D. re •., Chief of Police APPROVED AS TO FORM: John C. Gr cd� s 'stant Cit A rney S:Icityatt\CCDOCSIRES.DPS PTO Interlocal.2019.doc Resolution No. 2019-R0304 INTERLOCAL COOPERATION CONTRACT I. CONTRACTING PARTIES AND AUTHORITY The Department of Public Safety (DPS) and the City of Lubbock (Lubbock) are contracting under the authority of Texas Government Code Chapter 791 (the Interlocal Cooperation Act). DPS certifies that it has the authority to contract for the services agreed upon by the authority granted in Texas Government Code Chapter 411. Lubbock certifies that it has the authority to contract for the services agreed upon by the authority granted in Texas Local Government Code Chapter 362. II. BACKGROUND and PURPOSE The Lubbock Police Department is providing one Tactical p=light Officer IT FO) to assist DPS Aircraft Division in aerial missions in the West Texas Region. In the event that DPS is unable to return the Lubbock TFO to base camp, the TFO will travel back to Lubbock, Texas and request reimbursement through the Tactical Flight Officer Travel Reimbursement Program (TFO Program). The purpose of this contract is to set out the terms and conditions under which Lubbock will participate in conjunction with DPS in the Tactical Flight Officer Travel Reimbursement Program. Ill. STATEMENT OF SERVICES TO BE PERFORMED DPS will perform the following services. 1. Agree to abide by all federal state laws and regulations. 2. Cooperate fully with Lubbock in any matter related to the purpose of this contract to the extent that is reasonably practicable for DPS. 3. If DPS's supervising lieutenant on behalf of DPS determines that the assigned TFO is unable to return to their base camp, Lubbock will be eligible for reimbursement of the TFO's actual allowable travel expenses from DPS. 4. DPS will make a good faith effort to process all reimbursement requests by the fifteenth of each month within 30 days from date of receipt. Lubbock will provide the following services. 1. Agree to abide by all federal state laws and regulations 2. Allow occasional use, upon the agreement of DPS Aviation Operations Division and Lubbock Police Department, of no more than one TFO to the DPS Aircraft Operations Division in Lubbock, Texas. 3. During the assignment, the TFO will be approved by and serve at the discretion of DPS's Aviation Operations Division Chief Pilot. 4. The assigned TFO must comply with DPS's uniform operational policies and procedures as defined in the DPS Aviation Operations Division's Flight Manual. All uniforms will be provided to the TFO at the expense of DPS's Aviation Operations Division. 5. Obtain pre-approval for any out-of-state travel expense by a designated TFO from DPS Deputy Director Randall Prince, or his designee, on behalf of DPS. 6. Bill for the previous 30 days, travel expenses not to exceed the actual amount of itemized invoices that must be attached to each reimbursement request. 7. Submit reimbursement requests to: Texas Department of Public Safety Tim Ochsner Chief Pilot 10335 Golf Course Road Austin, Texas 78719 IV. ASSURANCES Lubbock will not be held liable for any actual allowable travel expenses incurred by the TFC)through the participation of the TFO Program if such expenses have been pre-approved and submitted for reimbursement under the terms of this contract. V. LIABILITY DPS and Lubbock agree that each party to this contract will not be liable for the acts or omissions of another party, its employees or agents. Each party to this contract will be solely liable for the acts or omissions of its officers, employees, or agents. Each party represents that it is insured under a commercial insurance policy or self-insured policy for all claims falling within the Texas Tort Claims Act. VI. CONTRACT AMOUNT and BASIS FOR CALCULATING COSTS The total amount of this contract will not exceed $24,000. VII. TERM OF CONTRACT and AMENDMENTS This contract is effective on the date of the last party to sign and will terminate on August 31, 2020, or upon written request of either party with 30 calendar days' written notice, whichever occurs earlier. Additionally, this contract has four optional one-year renewal periods. This contract may only be amended or extended by mutual written agreement of the parties. VIII. NOTICE The respective party will provide any required notice as noted in this section. Either party may change its information in this section by giving the other party written notice and the date upon which the change will become effective. If to DPS: Angie Wardlow Executive Assistant Aircraft Operations Division 5805 N. Lamar Blvd, Austin, TX 78752 ADLie.Wardlow@dps.texas.gov 512-424-0282 If to Lubbock: Jerry D. Brewer, Jr. Chief of Police 916 Texas Ave., Lubbock, TX 79401 JBrewer@mail.ci.lubbock.tx.us 806-775-2755 IX. CERTIFICATIONS The parties certify that (1) the contract is authorized by the governing body of each party; (2)the purpose,terms, rights, and duties of the parties are stated within the contract; and (3)each party will make payments for the performance of governmental functions or services from current revenues available to the paying party. The undersigned signatories have full authority to enter into this contract on behalf of the respective parties. City of Lubbock,Texas Department of Public Safety Daniel M. Pope Randall B. Prince Mayor Deputy Director, Law Enforcement Operations August 27, 2019 Weg Z S Date Date ` ATTEST: B cky Garza, City Secret LY APPROVED AS TOC TENT: Jerry D. B wer ., Chief of Police APPROVED AS TO FO M: Johne Ass's nt City,torn y