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HomeMy WebLinkAboutResolution - 2012-R0442 - Amendment To Interlocal Agreement - Garza County - Law Enforcement At Alan Henry - 11/08/2012Resolution No. 2012-RO442 November 8, 2012 Item No. 5.34 RESOLUTION 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 -cute for and on behalf of the City of Lubbock, the Third Amendment to Interlocal ;reement between the City of Lubbock and Garza County, Texas, providing for law forcement services at Lake Alan Henry and related infrastructure in Garza County, and ated documents. Said document is attached hereto and incorporated in this resolution if fully set forth herein and shall be included in the minutes of the City Council. by the City Council on November 8, 2012 - -, �" J' // GLE . RO SON, MAYOR ATTEST: Reb cca Garza, City Secre APPROVED AS TO CONTENT: 2 Roger Ellis, Chief of Police APPROVED AS TO FORM: John c . stant tv A4fomev with Garza County 11.8.2012.doc Resoluion No. 2012—RO442 THIRD AMENDMENT TO INTERLOCAL AGREEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK WHEREAS, The City of Lubbock, Texas (the "City") and Garza County, Texas (the "County"), both parties being local governments of the State of Texas, pursuant to the authority granted and in compliance with the provisions of the Interlocal Cooperation Act, Chapter 791 of the Government Code of the State of Texas, entered into a renewal, extension and Amended Interlocal Agreement on November, 11th, 2000 to renew, extend and amend that certain Interlocal Agreement (the "Original Agreement") dated on November 11, 1999 and subsequently entered into a renewal, extension, amendment of the Interlocal Agreement on about September 7th, 2004 to further renew, extend, and amend the "Original Agreement" of November I I'h, 1999. WHEREAS, on this the 8th day of November , 2012, it is the desire of the City and the County to amend and consolidate the original Agreement and two previous amendments into one document; therefore the following Agreement was ratified. This Agreement will fully replace and supersede the original Agreement and amendments, and will be known by the same name ("Agreement"). NOW THEREFORE: I. RECITALS Section 1.01. The City owns certain real property located in Garza County, Texas, comprising the Lake Alan Henry Reservoir, the Wildlife Mitigation Area, the Sam Wahl Recreation Area, Lake Alan Henry pipeline infrastructure including pump stations associated with the pipeline and lands located adjacent to or in the vicinity of same (collectively the "City Lands"). Due to the high volume of activity in and around the City Lands, the City deems it to be in the best interest of its citizens for the County to increase the law enforcement presence in and around the City Lands. II. AGREEMENT OF PARTIES Section 2.01. For and in consideration of the annual payment of One Hundred Nineteen Thousand Seven Hundred and Two and no/100 Dollars ($119,702.00) by the City to the County, payable in twelve (12) equal monthly installments, payable on or before the tenth (10`h) day of each month of this Agreement, the County agrees to perform enhanced law enforcement activities upon the City Lands. Furthermore, beginning October 151 2013 and annually until conclusion of this agreement, the annual payment will increase by two percent (2%). Section 2.02. For and in such consideration, the County agrees to perform the following: Interlocal Agreement Garza County/City of Lubbock (a) The County shall provide a minimum of two (2) certified peace officers ("County Officers") for patrol on City Lands as follows: (1) During the five (5) month period of each year from October ISt to March I", the County Officers shall patrol at least forty-five (45) hours per week; and (2) During the seven (7) month period each year from March I" to October I", the County Officers shall patrol at least ninety (90) hours per week. (b) The County shall provide time and activity reports completed by the County officers, or their designee, detailing the hours and activities performed by such officers each month. The reports shall be forward to the City with the invoice for payment. The City may designate specific days and times for patrol. (c) The County, as deemed necessary, may provide additional law enforcement personnel to assist the County Officers patrolling on City Lands. (d) The County shall provide for said patrols a minimum of two (2) four-wheel drive motor vehicles, properly marked as law enforcement vehicles, equipped with standard emergency equipment and maintained in good mechanical and visual repair. (e) The County shall provide all gasoline and maintenance for all motor vehicles and boats utilized in its services upon City Lands, except that repairs costing more than One Thousand and no/100 Dollars ($1,000.00) shall be paid by the governmental entity owning the affected vehicle or boat. (f) The County shall provide all County patrolling certified peace officers uniforms, weapons, appropriate licenses and, except as provided herein, any other materials that may be necessary in carrying out the County's duties hereunder. (g) The County shall provide all compensation, including without limitation, salaries and benefits packages, to any and all County certified peace officers patrolling City Lands. It is expressly agreed and understood that the City's liability to the County for services provided hereunder are limited in all instances and circumstances to the consideration stated above in Section 2.01. (h) The County shall provide appropriate computers, as deemed necessary by the County, for all certified peace officers' use in connection with County services associated with City Lands. (i) The County shall provide an available certified underwater dive team with the necessary dive equipment. The County shall provide required training so as to obtain and maintain certification by the dive team members. 0) The City's Chief of Police, or his designee, may select specific law enforcement priorities upon City Lands in which event County Officers agree to enforce such priorities. Interlocal Agreement -2- Garza 2 - Garza County/City of Lubbock (k) The County shall timely notify the City's Chief of Police, or his designee, of major incidents upon City Lands including, but not limited to, drowning, arsons, homicides, burglaries, damage of City property and any other form of natural disaster threatening or occurring on City Lands. Conversely, the City shall timely notify the County's constable, or his designee, of such incidents if such occur during the times that City officers are patrolling in relief of County officers. (1) The County shall ensure that any certified peace officer that is assigned to work pursuant to this Agreement shall have no pecuniary interest in any commercial development or business located on or within one-half (1/2) mile of City Lands. Section 2.03. To assist the County in its provision of services upon City Lands, the City will provide to the County: (a) One (1) Four-wheel motor vehicle and one (1) patrolling boat, to be determined by the City. County shall provide to the City a written report describing any mechanical problems and/or any accidents that require repair to such vehicle or boat. (b) A work station area, that being the "Permit Office" owned by the City, located at the entrance of the Sam Wahl Recreation Area, for the joint use of the County certified peace officers patrolling City Lands and the City. It is expressly agreed that the City shall have the right to utilize the "Permit Office" at all times as deemed necessary by the City. (c) The City may at times, upon prior verbal notification to the County, relieve County officers from patrol; however, such does not release County Officers from completion of the above required number of patrol hours per week. Section 2.04. The County shall enforce all state and federal laws, including those laws applicable to the City Lands, including without limitation, the Regulations for Governance of Lake Alan Henry. (a) All violations of the laws applicable to the City and the City Lands, including without limitation, the Regulations for Governance of Lake Alan Henry, shall be filed and prosecuted in the Municipal Court of the City Of Lubbock, and all revenues there from shall belong to the City. (b) Notwithstanding the above (a), any alleged conduct, which constitutes an offense more serious than a Class C misdemeanor under Texas law, shall be filed and prosecuted by the County in the appropriate Court of Garza County, Texas. (c) The County shall assist, to the extent requested by the City, in all prosecution actions in the Municipal Court of the City of Lubbock, including without limitation, making appearances in such Court, without the necessity of subpoena. Interlocal Agreement -3 - Garza County/City of Lubbock III. AMENDMENTS Section 3.01. This Agreement contains all commitments and agreements of the parties and no other oral or written agreement exists. Any proposed amendment shall not be effective until approved in writing by the governing bodies of all parties to this Agreement. IV. TERM AND EFFECTIVE DATE Section 4.01. This Agreement shall remain in effect until October I ("the Anniversary Date"), 2013 and shall automatically be renewed for successive twelve (12) month periods thereafter, unless either party hereto shall provide written notice of its desire to terminate this Agreement to the non -terminating party on or before the one hundred twentieth (120) day prior to the Anniversary Date. Section 4.02. Notice must be in writing and delivered in person, by certified mail, or by telephone facsimile to the parties as set forth below. Notice shall be deemed to be given on the day it is personally delivered or delivered by telephone facsimile, or if mailed, on the third day after it is mailed as aforesaid. All Notices made hereunder shall be addressed as follows: County: Garza County Judge Judge Lee Norman, or his successor 300 West Main, Post, TX 79356 (806) 495-4405 Telephone (806) 495-4267 Facsimile City: The Chief of Police City of Lubbock P.O. Box 2000, Lubbock TX 79457 (806) 775-2755 Telephone (806) 775-2781 Facsimile Copy to: City Attorney P.O. Box 2000, Lubbock. TX 79457 (806) 775-2222 Telephone (806) 775-3307 Facsimile Any party may change its address by giving notice to the other party as set forth in section 4.02. V. MISCELLANEOUS Section 5.01. This agreement is being executed and delivered, and is intended to be performed in the State of Texas, and the laws of such state and the applicable federal Interlocal Agreement -4- Garza 4 - Garza County/City of Lubbock laws of the United States shall govern the validity, construction, enforcement and interpretation of this Agreement. Any suit, action or other legal proceeding relating to the Agreement shall be brought in Lubbock County, Texas. Section 5.02. The County shall indemnify and hold harmless the City from and against any and all claims, actions, losses, damages, or liabilities, of any kind or nature, which arise directly or indirectly, or are related to, in any way, manner, or form, the activities contemplated hereunder or omission of such activities, including without limitation, such losses, damages, claims or liabilities arising from or related to, in any way, manner or form, the negligence or fault of the County, its respective officers, employees, elected officials, agents and/or designees. Section 5.03. The parties do hereby expressly agree that the payment prescribed herein is an amount that fairly compensates the County for the services and functions to be performed herein, and that such payment shall be paid from the current revenues available to the City. The parties hereto have executed this Agreement by and through their governing bodies in the manner required by each entity charter or otherwise as required by law. SIGNED this 8th day of November 2012, but effective for all purposes as described above. City of Lubbo t J Glen . bbertson, Mayor ATTEST: Reb cca Garza, City Secr to AAPOVED AST CONTENT: Roge Ellis, Chief of Police Garza County/City of Lubbock 5- (Gaar7z nty, Texas Lee Norman, County Judge ATTE T:Qi;� n m Plummer, Garza County Clerk Garza County Attorney