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HomeMy WebLinkAboutResolution - 2014-R0352 - Interlocal Cooperation Agreement - Lubbock County - 10/09/2014RESOLUTION 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, by and between the City of Lubbock and Lubbock County, and 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 Elie City Council on October 9. 2014 GLP4C R0131RTSON, MAYOR ATTEST: Reber a Garza, City Secretary APPROVED AS TO CONTENT: i'joll� �— � Q, I I I Rog'er'EtTis, Chief of Police APPROVED AS TO FORM: IV % Hafts6ll, Assistant City Attorney vx%:ccdocs/RES.Inlcrlocal Agrmt-Lubbock Countp .1uly 24, 2014 INTERLOCAL COOPERATION AGREEMENT THE STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT is entered into on the day of , 20_, by and between Lubbock County, hereinafter called "County", and the City of Lubbock, Texas, hereinafter called "City", both parties being political subdivisions and local governments of the State of Texas, pursuant to the authority granted by and in compliance with the provisions of the Interlocal Cooperation Act, Chapter 791, Government Code, and in furtherance of the purposes of said parties as provided by law. WHEREAS, City and County each desire to achieve cost efficiencies for the taxpayers of the City and the County; and WHEREAS, City and County each determined that it would be mutually advantageous for all booking and jail services to be provided by County through the Lubbock County Sheriff's Office. NOW THEREFORE WITNESSETH: 1. PURPOSE. The purpose of this Agreement is to cooperate in the provision of booking and jail services and to ensure that persons arrested are promptly accepted into the Lubbock County Detention Center. 2. DUTIES OF THE CITY. (A) The City officer making the arrest will provide the complete and accurate information necessary to complete the forms required by County for all prisoners brought to the Detention Center. (B) If a City arrestee requires hospitalization or immediate medical treatment, City shall be responsible to transport arrestee for such medical treatment. The City Officer shall notify the County booking officer or supervisor on duty at the Lubbock County Detention Center of all health complaints made by an arrestee before or during the booking process. (C) Each City Officer shall complete all necessary forms and paperwork required by the Lubbock County Detention Center to complete the intake and/or booking process. 3. DUTIES OF THE COUNTY. (A) The County, through the Lubbock County Sheriff's Office, shall ensure a suitable location, access, equipment, and information technology support as required to assure prompt incarceration of persons arrested and transported to the Lubbock County Detention Center. (B) The County, through the Lubbock County Sheriff's Office, shall supply jail services in accordance with all applicable provisions of law. (C) The County, through the Lubbock County Sheriffs Office, shall use its best efforts to have police officers back on patrol in thirty (30) minutes or less after delivery of prisoners, with complete and readable paperwork, to the Lubbock County Detention Center. Should there be an intrusion alarm, a transport to the Texas Department of Criminal Justice - Institutional Division, or other similar emergency or condition beyond the control of the Sheriffs Office, a police officer may be required to wait a longer period of time. In that case, every reasonable effort shall be made to get the police officer back on patrol in the least amount of time possible. (D) The County, through the Lubbock County Sheriff's Office, shall give arrestees from the City equal priority with regard to admission or booking into the Lubbock County Detention Center. (E) The County has the right to refuse to accept any arrestee who is in need of immediate medical care, for whom the booking forms and paperwork has not been completely and accurately filled out, or about whom the supervisor on duty has reasonable cause to believe that the person is not properly under arrest. (F) Routine medical screening shall be provided at booking by the County. The County will not accept arrestees in need of immediate medical attention. 4. SHARED RESPONSIBILITIES OF CITY AND COUNTY. (A) The County and the City shall continue to work together to devise and revise forms necessary for arrest and booking. It is the intention of the parties that all necessary arrest and booking records and forms be identical when possible and consistent if identical forms are not feasible. Neither the City nor the County shall change shared forms without first advising the other of the changes. (B) The City and the County shall continue to work together to devise electronic methods of sharing information among themselves to facilitate modifications to their reporting requirements. It is the intention of the parties that the work which has been initiated between the respective law enforcement and information services departments continue and expand. 5. TERM. The term of this Agreement shall be for 10 years from the date of execution by the County and it may be extended annually thereafter upon mutual agreement of the parties expressed in writing prior to the end of such term or any subsequent extension. 6. EARLY TERMINATION. Either party to this Agreement may terminate it upon (90) days written notice to the other party- 7. ly 7. AUTHORIZATION (A) This Agreement shall be duly authorized by the governing body of each party as evidenced by the signatures of each person who has signed herein. If a governing body fails to authorize such Agreement, then this Agreement shall be considered null and void. (B) 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, if any. (C) 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. 8. WAIVER (A) All immunities from liability and suit 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. (B) 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. (C) The relationship between the City and the County is at all times solely that of contractor/contractee, and may not be deemed, in any event, a partnership or a joint venture and conveys no other rights or privileges. 9. 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. 10. VENUE Each party agrees that if legal action is brought under this Agreement, exclusive venue shall be in Lubbock County, Texas. 11. 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. CITY OF LUBBOCK, TE7 GLEN OBEICTSON,Mayor ATTEST: RE ECCA GARZA. City jtary APPROVED AS TO CONTENT: ko'z� ell 4'- RObIrR ELLIS, Police Chief APPROVED AS TO FORM: JtFf HkRtSELL, Chief Litigation Attorney COUNTY OF LUBBOCK, TEXAS TOM HEAD, County Judge ATTEST: KELLY PINION, County Clerk APPROVED AS TO CONTENT: KELLY S. ROWE, Sheriff APPROVED AS TO FORM: NEAL BURT, Assistant District Attorney jh/Interlocal Cooperation Agrmt-Lubbock County Detention Center 9.10.14