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HomeMy WebLinkAboutResolution - 2648 - Interlocal Agreement - Lubbock County CDA - Laser Fingerprinting Instrument, LPD - 09/24/1987KJ: da WHEREAS, pursuant to the of the Texas Constitution, and 4413(32c), said parties desire investigation and prevention of laws of this State; and, Resolution #2648 September 24, 1987 Agenda Item #24 RESOLUTION powers granted under Article XI, Section 5, under TEX.REV.CIV.STAT.ANN. Article to cooperate and assist each other in the criminal activity and enforcement of the WHEREAS, the parties to this Agreement have determined that a laser fingerprinting instrument provided by Lubbock County and operated and maintained by the City of Lubbock Police Department in situations anti- cipated under the terms of this Agreement will increase their ability to preserve the safety and welfare of the City and County of Lubbock; and, WHEREAS, the governing officials of this Agreement's parties, political subdivisions of the State of Texas, desire to secure for each party the benefits of such mutual aid; and WHEREAS, the governmental function of police protection is of mutual concern to the parties of this Agreement; NOW THEREFORE: 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 an Interlocal Cooperation Agreement between the City of Lubbock, Texas, and the County of Lubbock and its Criminal District Attorney for the care, maintenance, housing, and operation of one certain laser fingerprinting instrument, identification number 161-R , which such Agreement shall be spread upon the minutes of the Council and as so spread shall constitute and be a part of the Resolution as if fully copied herein in detail. Passed by the City Council this 24th day of 0,eVtPmhAr 1987. .C. McMINN, MAYOR ATTEST: ette ecretary JAPPROILED 16 TO CONTENT: Thomas J. Nichols, Chief of Police APPROVED AS TO FORM: Ken Johnsoff, Assistant City Attorney ?; Resolution #2648 INTERLOCAL COOPERATION AGREEMENT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT is entered into on the 24th day of September , 1987, by and between the Criminal District Attorney's Office of Lubbock County, Texas, (hereinafter referred to as the "District Attorney") and the City of Lubbock, Texas, a municipal corporation duly authorized under the laws of the State of Texas, (hereinafter referred to as the "City"), both parties political subdivisions of the State of Texas, pursuant to the authority granted and in compliance with the provisions of the Interlocal Cooperation Act, Article 4413 (32c) Tex.Rev.Civ.Stat. Ann. (Vernon's 1976) and in furtherance of the responsibilities of said parties as provided under the law. Contracting Parties The City is the receiving agency of one certain Laser Finger Printing instrument, identification number 161 6 purchased by the District Attorney. Purpose The purpose of this Agreement is to cooperate in the invest- igation and prevention of criminal activity and enforcement of the laws of Texas by providing mutual assistance in the form of crime detecting equipment, and to protect health, life, and property as allowed pursuant to this Agreement. The services performed and expenditures made pursuant to this Agreement shall be deemed for public and governmental purposes. Duties and Functions The District Attorney shall purchase out of its own funds one certain Laser Finger Printing instrument, identification number 161-6 , which shall be housed and maintained by the City's police department. The said instrument shall be kept within the boundaries of Lubbock County, Texas, and shall not be removed or operated outside such County without the express written consent of the District Attorney. The City shall use and operate said instrument only upon the oral or written request of the District Attorney or his authorized agent, except that the Lubbock County Sheriff's Department may use and operate said instrument without first obtaining the prior request of the District Attorney or his authorized agent. Care and Maintenance The City shall bear all costs for the housing, care, main- tenance, repair, and operation of said instrument. The City shall further bear all replacement costs up to the amount of eleven thousand dollars ($11,000.00) in the event said instrument is lost, stolen, or destroyed while in the actual possession of the City. The City shall have the right to subrogation to all warranties, guaran-tees, maintenance and service contracts, or other agreements regarding the repair or maintenance of said instrument. Authorization This Agreement shall be duly authorized by the governing body of each party as evidenced by the signatures of such governing designees who signed hereinbelow. If such governing body fails to authorize such Agreement, then such Agreement shall be considered null and void. Such party or parties paying for the performance of governmental functions or services pursuant to this Agreement shall make payments therefor from current revenues available to the paying party. Waiver and Indemnification Each party shall indemnify and hold harmless the other party to this Agreement from all claims by third parties for property damage or personal injury which may arise out of the activities of the other party of this Agreement while rendering assistance or equipment under this Agreement. In lawsuits where either party may be liable in part or total for the payment of damages, then any other party to this Agreement may intervene in such cause of action to protect its interests. Amendments This Agreement contains all commitments and agreements of the said parties entering this Agreement, and no other oral or written commitments shall have any force or effect if not contained in this Agreement. Any proposed amendments shall not be effective until approved in writing by all parties to this Agreement. 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 and shall remain in effect until terminated by any said party upon written notice setting forth the date of termination. The parties further agree that each party shall have the right to terminate this Agreement upon thirty (30) days written notice to the other party of this Agreement. Breach In the event either party breaches or otherwise violates or circumvents the duties, functions, or purpose of this Agreement, then the non -breaching party shall have the option to repossess said fingerprint instrument and to further terminate this Agreement. A termination founded upon breach shall still comply with the notice requirements of this Agreement. -2- Savings Clause In the event that one or more of the provisions contained in this Agreement shall be for any reason held to be invalid, ille- gal, or unenforceable in any respect, such invalidity, ille- gality, 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. IN WITNESS WHEREOF, the parties to this Agreement have executed this Agreement as of the effective date stated in this Agreement, each respective party acting by and through its governing body or its designee in the manner required by each respective party's charter or as otherwise required by law on the date hereinbelow specified. CITY OF LUBBOCK C. . C. Mc INN, MAYOR ATTEST: , City 3 TO 57!5: Thomas J. Nichols, Chief of Police, City of Lubbock APPROVED AS TO FORM: Ken Jo son, Assistant City Attorney LUBBOCK COUNTY Rodrick L. Shaw " County Jud DIST T ATTORN 'S OFFICE