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HomeMy WebLinkAboutResolution - 2000-R0255 - Lubbock Regional Bomb Squad And Explosive Ordinance Agreement - Lubbock Co. - 07/27/2000Resolution No. 2000-80255 July 27, 2000 Item No. 29 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a LUBBOCK REGIONAL BOMB SQUAD AND EXPLOSIVE ORDNANCE AGREEMENT for law enforcement purposes to form a bomb squad and explosive ordnance disposal unit to become accredited through the Federal Bureau of Investigation to protect health, life and property within the region, by and between the City of Lubbock and Lubbock County, State of Texas. Said Agreement is attached hereto and shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if full copied herein in detail. Passed by the City Council this 27th day of July , 2000 ATTEST: APPROVED AS TO CONTENT: Ken A. Walker, Chief of Police APPROVED AS TO FORM: Dan T. Salun, ' tant City Attorney ! t Resolution No. 2000-80255 July 27, 2000 Item No. 29 LUBBOCK REGIONAL BOMB SQUAD AND EXPLOSIVE ORDNANCE DISPOSAL UNIT INTERLOCAL ASSISTANCE AGREEMENT THIS AGREEMENT is made and entered into pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, and Chapter 362 of the Texas Local Government Code, by and between the CITY OF LUBBOCK, hereinafter "City"and LUBBOCK COUNTY, hereinafter "County". WITNESSETH: WHEREAS, the parties desire to form a bomb squad and explosive ordnance disposal unit, hereinafter "Unit", and desire that the Unit become accredited through the Federal Bureau of Investigation, Hazardous Devices School; and, WHEREAS, a properly trained and equipped bomb squad and explosive ordnance disposal unit is necessary to protect health, life and property within the City and County, in cases of threat of concealed explosives, or the threat of force or violence in which explosive devices may be utilized; and, WHEREAS, an accredited bomb squad must have at least two certified bomb squad technicians and a minimum of specified equipment, which qualifications can be met by the City and County through formation of the combined Unit: NOW, THEREFORE, it is mutually agreed by the parties that: I. Definitions The identified terms shall have the following meanings when used in this agreement: (a) "law enforcement officer" or "peace officer" means any peace officer as defined at Article 2.12 of the Texas Code of Criminal Procedure; (b) "police personnel" means any sworn law enforcement officer; (c) "member" means a county or municipality which is a party to this agreement; (d) "municipality" means any city or town, including a home rule city or a city operating under the general law or special charter; L:lcityattldanlpa\Explosive_OD_Unit_Interloc.doc 1 5 (e) "chief law enforcement officer" means the chief of police of a municipality or the sheriff of a county; II. Formation of Lubbock Regional Bomb Squad And Explosive Ordnance Disposal Unit The members agree to form and by this agreement do form a mutual aid bomb squad and explosive ordnance disposal unit, to be known as the LUBBOCK REGIONAL BOMB SQUAD AND EXPLOSIVE ORDNANCE DISPOSAL UNIT. III. Purpose The purpose of the Unit is to cooperate in criminal investigations and law enforcement through provision for a single, accredited bomb squad and explosive ordnance disposal unit necessary to protect health, life, and property in cases of the threat of concealed explosives, or the threat of force or violence in which explosive devices may be utilized. IV. Response A member (the "responding member") will assign its law enforcement officers to perform law enforcement duties outside the responding member's territorial limits, subject to the responding member's determination o11'hvailability of personnel and discretion as to participation, when: A. requested by the chief law enforcement officer, or his designee, of another member (the "requesting member"); and B. the chief law enforcement officer, or his designee, of the responding member has determined, in his sole discretion, that the assignment is necessary for the investigation of criminal activity and for law enforcement purposes. V. Intent It is the intent of the parties hereto that all Unit responses will be made with not less than the minimum personnel and equipment requirements as set forth in the National Guidelines for Bomb Technicians. L:\cityatt\dan\pa\Explosive_OD_Unit_Interloc.doc 2 VI. Requests Any request for aid under this agreement shall include a statement of the amount and type of equipment and number of personnel requested, and shall specify the location to which the equipment and personnel are to be dispatched, but the amount and type of equipment and number of personnel to be furnished shall be as determined in the sole discretion of the responding member's chief law enforcement officer or his designee. VII. Reporting to Requesting Member Police personnel of the responding member shall report to the requesting member's officer in tactical control at the location to which they have been assigned, shall be considered to be a member of the Unit, and shall be under the command of the requesting member's chief law enforcement officer. Vill. Release of Responding Personnel Police personnel of the responding member will be released by the requesting member when their services are no longer required, as determined by the chief law enforcement officer, or his designee, of the requesting member. Ix. • Responding Member Discretion The chief law enforcement officer of the responding member, or his designee, may at any time in his sole discretion withdraw his personnel or equipment or discontinue participation in any activity initiated pursuant to this agreement. X. Status of Responding Personnel While any law enforcement officer regularly employed as such by a responding member is in the service of the requesting member, he shall be a peace officer of the requesting member and be under the command of the requesting member's chief law enforcement officer, with all the powers of a regular law enforcement officer of the requesting member, as fiilly as though he were within the territorial limits of the governmental entity where he is regularly employed, and his qualifications, respectively, for office where regularly employed shall constitute his qualifications for office within the territorial limits of the requesting member, and no other oath, bond, or compensation need be made. ' L:\cityatt\dan\pa\Explosive_OD_Unit_Interloc.doc 3 XI. Payments Each member paying for the performance of governmental functions or services hereunder must make those payments from current revenues available to the paying member. Each party to this agreement expressly does not waive the right granted by Chapter 362 of the Texas Local Government Code to request reimbursement for services performed under this agreement. XII. Personnel Compensation Any law enforcement officer or other person who is assigned, designated, or ordered -by the chief law enforcement officer of the member which regularly employs him to perform police or peace officer duties pursuant to this agreement, shall receive the same wage, salary, pension, and all other compensation and all other rights for such service, including injury or death benefits, and workers' compensation benefits, the same as though the service had been rendered within the limits of the member where he is regularly employed. Moreover, all wage and disability payments including equipment and clothing, medical expenses and expenses of travel, food, and lodging shall be paid by the member which regularly employs such persons in the same manner as though the service had been rendered within the limits of the member where he is regularly employed. XIII. Civil Suit/Benefits In the event that any person performing law enforcement, police protection or detention services pursuant to this agreement shall be cited as a party to any civil lawsuit, state or federal, arising out of the performance of those services, he shall be entitled to the same benefits that he would be entitled to receive if such civil action had arisen out of the performance of his duties as a member of the department where he is regularly employed and in the jurisdiction of the member by which he is regularly employed. XIV. Release and Indemnification Each party to this Agreement expressly waives and releases all claims against every other party to this Agreement for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement. L:\cityatt\dan\pa\Explosive_OD_Unit_interloc.doc 4 To the extent permitted by the laws and the Constitution of the State of Texas, but without waiver or expansion of any limits established by the Texas Tort Claims Act, each party to this agreement will indemnify and hold harmless the other and their officers, emplyees and agents from and against any and all claims proximately caused by negligence, breach, or other act or omission by the indemnifying party or its officers, employees, or agents in connection with the performance of services under this agreement. It is expressly agreed that the foregoing provision, in its entirety, shall survive termination of this agreement and any extensions thereof, plus the period of time that each party would be required to maintain a policy of general liability coverage, as provided herein at Part XV, entitled "Liability Insurance". XV. Liability Insurance Each party hereto, at its sole cost and expense, and out of current revenues, shall maintain in full force and effect, at all times during the term of this Agreement and any extensions thereof, a policy or policies of broad form comprehensive public liability insurance, including law enforcement liability (errors and omissions) coverage, having a policy limit of not less than $2,000,000.00 (TWO MILLj9N DOLLARS) For bodily injury, personal injury, death, and property damage inclusive. In the event any policy or policies of insurance which a party is required to maintain pursuant to this Agreement shall be written on a "claims made" insurance form, each such policy shall have a "retroactive date" that is not later than the effective date of this Agreement. Furthermore, if any such policy is written on a claims made basis, the party's obligation to provide insurance pursuant hereto shall be extended for an additional period equal to the statute of limitations for bringing such claims in the State of Texas on the last day of the term of this Agreement plus any time periods for which the limitations period is tolled, and one year, subject to the availability of funds. The parties shall timely pay to the insurance carriers directly the cost of the premiums for all such insurance and shall furnish one another with certificates evidencing such coverage. All policies obtained by the parties shall be endorsed to provide that they shall neither be canceled for any reason, nor changed in any material way adverse to the other party except on thirty (30) days prior written notice to the other party. XVI. NVaiver of Subrogation The parties hereby release each other and their respective agents and employees, from any and all liability to each other or anyone claiming through or under them by way of subrogation or otherwise for any loss, injury or damage caused by or resulting from risks L:\cityatt\dan\pa\Explosive_OD_Unit_intedoc.doc 5 insured against (or which would have been insured against had that party carried all insurance required under this Agreement) under any insurance policy required under this Agreement or otherwise maintained by the parties. XVII. Remedies Cumulative No right or remedy granted herein or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without first obtaining consent of the parties in writing. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. XVIII. Third Party Claims Third party claims against members shall be governed by the Texas Tort Claims Act or other appropriate state statutes, municipal ordinances or laws of the State of Texas or any political subdivision thereof. In addition, as between the parties to this agreement, the member that would have been responsible for furnishing the services in the absence of this Agreement shall be solely responsible for any civil liability that arises from the furnishing of those services, except with respect to provisions for indemnity herein. XIX. Defenses Not Waived It is expressly understood and agreed that, in the execution of this agreement, no party waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. XX. Venue Each party to this agreement agrees that if legal action is brought under this agreement, exclusive venue shall lie in Lubbock County. XXI. Governing Law The validity of this agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the State of Texas. L:\cityatt\dan\pa\Explosive_OD_Unit_Intedoc.doc 6 XXII. Provisions Severable In case any 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 thereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. XXIII. Termination Any party to this agreement may terminate this agreement by giving thirty (30) days prior written notice mailed by certified mail to the chief law enforcement officer of the other party to this agreement. XXIV. Effective Date This agreement shall become effective between the parties hereto on the day following execution of the agreement by the last party to execute this agreement, and shall continue in effect until it has been terminated according to the terms hereof. XXV. Amendment This agreement may be amended or modified by the mutual agreement of the parties hereto in writing to be attached to and incorporated into this agreement. XXVI. Entire Agreement This instrument contains all commitments and agreements of the parties. Oral or written commitments not contained herein shall have no force or effect to alter any term or condition of this agreement. XXVII. Execution This agreement shall be executed by the duly authorized official(s) of the party as expressed in the approving resolution or order of the governing body of such party, copies of which are attached hereto. L:\c4att\dan\pa\Explosive_OD_Unit_Interloc.doc 7 XXV111. Counterparts The parties executing a counterpart of this agreement, agree that their collective agreement may be evidenced by the execution of an identical counterpart of this instrument by the duly authorized officer(s) of each party. Dated this 27th day of July , 2000. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first stated above. CITY OF LUBBOCK, TEXAS f ATT ST: ayth' arnell, City Secretary APPROVED AS TO CONTENT: op SCJ Ken A. Walker, Chief Polic APPROVED AS TO FORM: alu Assistant City Attorney L:\cityatt\dan\pa\Explosive—OD—Unit—Interioc.doc LUBBOCK COUNTY, TEXAS The Honorable Tom Head, County Judge ATTEST: APPROVED AS T 'CONTENT: j� -a b) /WfJ David Gutierrez, Sheriff APPROVED AS TO FORM . &MZL�� AssistAt District Attorney THE STATE OF TEXAS § City of Lubbock Texas COUNTY OF LUBBOCK § Acknowledgement BEFORE ME, the undersigned authority, a Notary Public in and for the Sate of Texas, on this day personally appeared WINDY SITTON, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed same for and as the act and decd of the CITY OF LUBBOCK, TEXAS, as Mayor, and for the purposes and consideration therein expressed and in the capacity therein stated. IVEN UNDER MY HAND AND SEAL OF OFFICE, on this thcjja day of 2000. TAWA MAUNAK ITtacy PUN% State df Texas 1 My Camgspn E*m s �,�+*" OECEM13ER 9, 2003 L:\cityatt\dan\paXExplosive—OD—Unit—interloc.doc Notary's E rated Name the State of Texas 16 THE STATE OF TEXAS § County of Lubbock Texas COUNTY OF LUBBOCK § Acknowledgement BEFORE ME, the undersigned authority, a Notary Public in and for the Sate of Texas, on this day personally appeared THE HONORABLE TOM HEAD, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for and as the act and deed of the COUNTY OF LUBBOCK, TEXAS, as County Judge, and for the purposes and consideration therein expressed and in the capacity therein stated. G VEN UNDER MY HAND AND SEAL OF OFFICE, on this the day of 2000. [Seal] L:lcityatt\dan\pa\Explosive_OD_Unit_I ntedoc.doc Not.Ary Public in and for the State of T as Notary's Printed Name 10