R2017-073 2017-04-10RESOLUTION NO. R2017-73
A Resolution of the City Council of the City of Pearland, Texas, authorizing the
City Manager or his designee to enter into an Interlocal Agreement with the
County of Galveston; the City of Webster; the City of Seabrook; the City of
League City; the City of South Houston; the City of Texas City; and the City of
Friendswood for Breath Alcohol Technical Supervisor Services through the
Texas Department of Public Safety.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Interlocal Agreement with the County of Galveston; the City of
Webster; the City of Seabrook; the City of League City; the City of South Houston; the City of Texas
City; and the City of Friendswood, a copy of which is attached hereto as Exhibit "A" and made a part
hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest the Interlocal Agreement attached hereto.
PASSED, APPROVED and ADOPTED this the 10th day of April, A.D.. 2017.
ATTEST:
YO NG LO
I Y SECARY
APPROVED AS TO FORM:
DA� NI M. COKER
CITY ATTORNEY
TOkV1 REID
MAYOR
Resolution No. R2017-73
Exhibit "A"
INTERLOCAL CONTRACTUAL AGREEMENT
CONCERNING BREATH ALCOHOL TECHNICAL SUPERVISOR
This Agreement is entered into on the / day of fir, l , 2017, by and
between the CITY OF LEAGUE CITY, TEXAS, a home rule City existing in Galveston and Harris
Counties, Texas, (hereinafter sometimes called "COLC") and the following governmental entities
(hereinafter collectively called "Other Agencies"): the COUNTY OF GALVESTON, TEXAS
acting on behalf of the offices of its Criminal District Attorney and its Sheriff, a Texas County;
the CITY OF WEBSTER, a home rule City in Harris County, Texas; the CITY OF SEABROOK,
TEXAS, a home rule City in Harris County, Texas; the CITY OF SOUTH HOUSTON, TEXAS,
a home rule City in Harris County, Texas; the CITY OF TEXAS CITY, TEXAS, a home rule City
in Galveston County, Texas; the CITY OF PEARLAND, TEXAS, a home rule City in Brazoria,
Fort Bend, and Harris Counties, Texas; and the CITY OF FRIENDSWOOD, TEXAS, a home rule
City in Galveston and Harris Counties, Texas; pursuant to the Interlocal Cooperation Act of Texas
(Chapter 791, Texas Government Code).
WITNESS:
WHEREAS, all of the parties hereto have need for the services of a Breath Alcohol
Technical Supervisor (hereinafter sometimes called "BATS") certified by the Scientific Director
of the Alcohol Testing Program for the Texas Department of Public Safety (hereinafter "DPS")
and for an Evidential Breath Alcohol Instrument ("Instrument") certified by the same DPS
Scientific Director) for use in law enforcement and prosecution of Driving While Intoxicated
(hereinafter "DWI") offenses; and
WHEREAS, DPS is willing to provide each of the parties hereto (1) the services of a
BATS who is a DPS employee, and (2) an Instrument, in exchange for reimbursement of DPS's
costs to employ said BATS ($100,000 annually), but DPS desires to be contractually bound to only
one agency; and
WHEREAS, there are significant savings to be realized by the parties hereto to jointly
secure the services of a BATS and to share the costs thereof equally among COLC and Other
Agencies; and
WHEREAS, COLC and Other Agencies are agreeable to having COLC be the sole entity
to contract with DPS to secure the services of the BATS and an Instrument for each agency, but
all parties agree to evenly share the costs of the BATS;
NOW THEREFORE, for consideration hereinafter stated the parties do hereby agree as
follows:
I. DUTIES OF OTHER AGENCIES
A. Other Agencies shall each pay annually to COLC its equal share of the $100,000
reimbursement for the BATS, as provided herein, within thirty (30) days of
receiving an invoice for such from COLC.
B. Other Agencies agree to comply with all rules, regulations, and/or requirements of
DPS regarding (1) providing a suitable facility in which to secure and operate an
Instrument; (2) operation and maintenance of the Instrument; and (3) training of
personnel to properly operate the Instrument to administer breath alcohol tests.
II. DUTIES OF COLC
A. COLC shall enter into a contract with DPS to secure the services of a BATS in
substantially the same form as the contract attached hereto as Exhibit A ("DPS
Contract"). COLC shall use its best efforts to keep the DPS Contract or a renewal
thereof in effect during the period that this Agreement is in effect.
B. COLC shall send invoices to the Other Agencies during the first week of each
March during the term of this Agreement, for their share of the annual $100,000
reimbursement for the BATS. COLC shall collect payments from the Other
Agencies and shall remit to DPS the total of eight thousand three hundred thirty-
three dollars and thirty-three cents ($8,333.33) each month during the term of this
Agreement.
C. COLC agrees to comply with all rules, regulations, and/or requirements of DPS
regarding (1) providing a suitable facility in which to secure and operate an
Instrument; (2) operation and maintenance of the Instrument; and (3) training of
personnel to properly operate the Instrument to administer breath alcohol tests.
III. TERM OF AGREEMENT
The term of this Agreement shall be for a period of sixty (60) months commencing April
1, 2017 and continuing until March 31, 2022. Thereafter this Agreement shall automatically renew
under these same terms for successive one (1) year periods unless terminated as provided herein.
IV. TERMINATION
This Agreement will be terminated and of no further force and effect upon the occurrence
of one of the following triggers:
A. The DPS Contract ceases to be in force and effect, whether by termination or
nonrenewal of the term thereof.
B. If COLC receives within any thirty (30) day period written requests from six (6) of
the Other Agencies that this Agreement be terminated, COLC shall give DPS a
written notice to terminate the DPS Contract. This Agreement will be terminated
effective the date that the DPS Contract terminates.
C. COLC withdraws from this Agreement as provided below.
D. Six (6) of the Other Agencies withdraw from this Agreement as provided below.
Upon the effective date of termination, any prepaid funds not required to be remitted to DPS
pursuant to the DPS Contract shall be will be refunded by COLC to the party that paid said funds
within thirty (30) days of a written request for such refund.
V. WITHDRAWAL OF PARTIES
Any party hereto may withdraw its participation from this Agreement as provided below.
A. If DPS removes any Instrument such that a party hereto has no Instrument at any
of its facilities, that party may withdraw from this Agreement such that it is no
longer obligated to pay its share for the BATS. This right to withdraw shall NOT
arise if DPS removed the Instrument(s) for good cause, such as the failure of the
affected agency to secure, operate, or maintain said Instrument or to properly train
its personnel pursuant to DPS requirements.
B. Should any of the Other Agencies find that a material deficiency exists in the
performance of services provided by the BATS, such deficiency may be reported
to COLC in writing, which shall convey any such report to DPS. If the deficiency
is not corrected within thirty (30) days of being conveyed to DPS, the reporting
party may withdraw from this Agreement and no longer be obligated to pay its share
for the BATS.
C. Should any of the parties hereto desire to withdraw from this Agreement for
convenience, it may do so but will remain obligated to pay its share for the BATS
until the expiration of the then current term, unless all other parties agree to jointly
and equally assume the withdrawing party's payment obligation.
VI. APPROPRIATIONS
To the extent permitted by the laws and Constitution of the State of Texas, all parties shall be
obligated to make payments under this Agreement from funds budgeted and appropriated for the
purpose. In conformance with Texas Government Code Section 791.011(d)(3), each payment due
from a party to COLC for services provided herein are payable from the party's then current
revenues.
VII. SIGNATURES
CITY) LEAGUE CITY, TEXAS CITY OF WEBSTER
CIL
By: Pat Hallisey,MAYOR
ATTEST:
2 )4k,kentk .
By: Donna Rogers, MAYOR
ATTEST:
City Secretary, City of League City City Secretary, City of Webster
CITY OF SEABROOK, TEXAS CITY OF TEXAS CITY, TEXAS
By: Glenn Royal, MAYOR By: Matt Doyle, MAYOR
ATTEST: ATTEST:
City Secretary, City of Seabrook
CITY OF SOUTH HOUSTON, TEXAS
By: Joe Soto, MAYOR
ATTEST:
City Secretary, City of South Houston
CITY OF FRIENDSWOOD, TEXAS
City Secretary, City of Texas City
CITY OF PEARLAND, TEXAS
By: Tom Reid, MAYOR
._
AT
ty Se tary, ity of Pearland
GALVESTON COUNTY, TEXAS
By: Kevin M. Holland, MAYOR By: Mark Henry, COUNTY JUDGE
ATTEST: ATTEST:
City Secretary, City of Friendswood Galveston County Clerk
POLICE DEPARTMENT
COMMITTED TO SERVICE, DEDICATED TO PROFESSIONALISM
April 27, 2017
Chief Spires
Pearland Police Department
3519 Liberty Dr.
Pearland, Texas 77581
Dear Chief Spires:
As requested, please find enclosed three (3) fully executed copies of the Interlocal Contractual
Agreement Concerning Breath Alcohol Technical Supervisor.
Paula L. Walker
Executive Assistant to Chief of Police
Paula L. Walker
Executive Assistant to Chief of Police
paula.walker@lcpd.com
Direct Number 281-338-4165
Main Number: 281-332-2566
Fax Number 281-332-3147
-& rye Cy�
9 TEXAS
City of League City
Police Department
500 West Walker
League City 77573
www.Icpd.com