R2022-143 2022-06-27RESOLUTION NO. R2022-143
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 27th day of June, A.D., 2022.
________________________________
J.KEVIN COLE
MAYOR
ATTEST:
________________________________
LESLIE CRITTENDEN
CITY SECRETARY
APPROVED AS TO FORM:
________________________________
DARRIN M. COKER
CITY ATTORNEY
DocuSign Envelope ID: 48078C28-69B0-459E-8B3A-8DBEB30071C7
DocuSign Envelope ID:CF19F342-FEE7-4F31-BBC3-8FFEB59EDF55
RESOLUTION NO, 2022-67
A RESOLUTION AUTHORIZING THE RENEWAL OF AN
1NTERLOCAL AGREEMENT WITH A CONSORTIUM OF
LOCAL, GOVERNMENTAL ENTITIES REGARDING THE
FUNDING OF A BREATH ALCOHOL TECHNICAL
SUPERVISOR
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LEAGUE CITY,
TEXAS,as follows:
Section I. The City authorizes the renewal of an inter local agreement with a consortium
of local governmental entities regarding the funding of a Breath Alcohol Technical
Supervisor; and an executed copy of this agreement shall be attached as Exhibit A.
Section 2. The City Manager or his designee is authorized to execute all documents
necessary to complete this transaction,
Section 3. All resolutions and agreements and parts of resolutions and agreements in
conflict herewith are hereby repealed to the extent of the conflict only.
Section 4. It is hereby found and determined that the meeting at which this resolution was
passed was open to the public and that advance public notice of the time,place and purpose
of said meeting was given as required by law,
PASSED AND APPROVED the 24th day of ay, 022.
PAT HAI,I,ISEY
Mayor
ATTEST:
JML1/41A•
DIANA STAI'P
City Secretary
APPROVED AS TO FORM:
N I-11EM V. Dr0Ai N
City Attorney
Page 1 of 1
DocuSign Envelope ID:CF19F342-FEE7-4F31-BBC3-8FFEB59EDF55
INTERLOCAL CONTRACTUAL AGREEMENT
CONCERNING BREATH ALCOHOL TECHNICAL SUPERVISOR
This Agreement is entered into on the day of , 2022, 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
general law 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 FRIENDS WOOD, 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
DocuSign Envelope ID:CF19F342-FEE7-4F31-BBC3-8FFEB59EDF55
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, along with COLC's equal share of the annual $100,000
reimbursement, 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 I,
2022 and continuing until March 31, 2027. Thereafter this Agreement shall automatically renew
under these same terms for successive one (I) year periods unless terminated as provided herein.
This Agreement hereby terminates the prior Agreement for technical supervisors between the Other
Agencies and COLC. COLC agrees to refund or credit any unused payments for services to the
party that paid said funds.
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 refunded by COLC to the party that paid said funds within
thirty (30)days of a written request for such refund.
DocuSign Envelope ID:CF19F342-FEE7-4F31-BBC3-8FFEB59EDF55
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 OF LEAGUE CITY,TEXAS CITY OF WEBSTER,TEXAS
By : Pat Hallisey, MAYOR By: Donna Rogers, MAYOR
ATTEST: ATTEST:
)1/4CANkCJIN )
City Secretary, City of League City City Secretary, City of Webster
DocuSign Envelope ID:CF19F342-FEE7-4F31-BBC3-8FFEB59EDF55
CITY OF SEABROOK,TEXAS CITY OF TEXAS CITY, TEXAS
By: Thomas G. Kolupski, MAYOR By: Dedrick D. Johnson, Sr,, MAYOR
ATTEST: ATTEST:
City Secretary, City of Seabrook City Secretary, City of Texas City
CITY OF SOUTH HOUSTON,TEXAS CITY OF PEARLAND, TEXAS
f--DocuSigned by;
48t1 A6-r5,a3-F 4F2
By: Joe Soto, MAYOR By: Kevin Cole, MAYOR
ATTEST: ATTEST:
DocuSigned by:
4944/44- 6isee414-rt-
135gEr6-4,C7P!4riA
City Secretary, City of South Houston City Secretary, City of Pearland
CITY OF FRIENDS WOOD, TEXAS GALVESTON COUNTY, TEXAS
By: Mike Foreman, MAYOR By: Mark Henry, COUNTY JUDGE
ATTEST: ATTEST:
City Secretary, City of Friendswood Galveston County Clerk
mTERLOCALCONTRACTUALAGREEMENT
CONCERNING BREATH ALCOHOL TECHNICAL SUPERVISOR
This Agreement is entered into on the 8th day of Au ~st , 2022, 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
general law 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 HatTis 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 ofthe parties hereto (1) the services of a BATS
who is a DPS employee, and (2) an Instrument, in exchange for reimbursement ofDPS'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 fotm 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, along with COLC's equal share of the annual $100,000
reimbursement, 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 I,
2022 and continuing until March 31, 2027. Thereafter this Agreement shall automatically renew
under these same terms for successive one (1) year periods unless terminated as provided herein.
This Agreement hereby tenninates the prior Agreement for technical supervisors between the Other
Agencies and COLC. COLC agrees to refund or credit any unused payments for services to the
party that paid said funds.
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 ofthe term thereof.
B. IfCOLC receives within any thirty (30) day period written requests from six (6) of
the Other Agencies that this Agreement be terminated, COLC shaH give DPS a
written notice to tenninate 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 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. IfDPS 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 conected within thirty (30) days of being conveyed to DPS, the repmting 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 cunent 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 patty's then current
revenues.
VII. SIGNATURES
' FLEAGUE CITY, TEXAS CITY OF WEBSTER, TEXAS
By: Donna Rogers, MAYOR
ATTEST: ATTEST:
D~~.~
City Secretary, City of League City City Secretary, City of Webster
DocuSign Envelope ID : E1444DF3-ACC5-4677-98D1-4EE91F73B04C
V. ~THDRAWALOFPARTillS
Any party hereto may withdraw Its participation :fi·om this Agt 'eement as provided below.
A. IfDPS removes any Instrument such that a party hereto has no Jnsta·ument at any of
its facilities, that party may withdraw fi·om this Agreement such that it is il.Q longel'
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 ~my of the Other Agencies fi11d that a material deficiency exists in the
pet'formance of services provided by the BATS, such deficiency may be reported to
COLC in wl'iting, which shall convey any such teport to DPS. If the deficiency is
not corrected within thirty (30) days of being conveyed to DPS, the rep01ting party
may withdraw from this Agreement and no longet' be obligated to pay its share for
tlwBATS.
C. Shmlld any of the parties hereto desire to withdraw fl·om this Agreemeri.t for
convenience, it may do s.o but willrematin obligated to pay its share for the BAts
until the efCPiration o£ the then current term, unless aU other patties agree to jointly
and equally assume the withdrawing party's payment obligation.
VI. ~PROPRIATIONS
To the extent permitted by the laws and Constitution of the State of Texas, all patties shall be
obligated to make payments under this Agreement n'Qfu funds budgeted and appropJ'iated for the
purpose. In conformanc;:e with Texas Government Code Section 791.011(~)(3), each payment due
fi·om a patty to COLC for servic.es provided herein are payable fi·om the party's tlJ.en current
revenues.
Vll. SlGNATURES
' OF LEAGUE CITY, TEXAS CITY OF WEBSTER, TEXAS
5521 B5EE88C8416 ...
By: Donna Rogers, MAYOR
ATTEST: ATtEST:
~~.itffJ
City Secr~tary, City ofLeague City City Secretary, City ofWebster
CITY OF SEABROOK, TEXAS
d~JJ~
By: Thomas G. Kolupski, MAYOR
ATTEST:
~b~Yl 1-Wi.b
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
By: Mike Foreman, MAYOR
ATTEST:
City Secretruy, City ofFriendswood
CITY OF TEXAS CITY, TEXAS
By: Dedrick D. Johnson, Sr., MAYOR
ATTEST:
City Secretary, City ofTexas City
CITY OF PEARLAND, TEXAS
By: Kevin Cole, MAYOR
ATTEST:
City Secl'etary, City of Pearland
GALVESTON COUNTY, TEXAS
By: Mat'k Henry, COUNTY JUDGE
ATTEST:
Galveston County Clerk
DociD:28f84a2e7d05412871874d6d4o443ed62ca3810f
CITY OF SEABROOK, TEXAS CITY OF TEXAS CITY, TEXAS
By: Thomas G. Kolupski, MAYOR
ATTEST: ATTEST:
City Secretary, City ofSeabmok ity ofTexas City
CITY OF SOUTH HOUSTON, TEXAS CITY OF PEARLAND, TEXAS
By: Joe Soto, MAYOR By: Kevin Cole, MAYOR
ATTEST: ATTEST:
City Secretary, City of South Houston City Secretary, City of Pearland
CITY OF FRIENDSWOOD, TEXAS GALVESTON COUNTY, TEXAS
By: Mike Foreman, MAYOR By: Mark Henry, COUNTY JUDGE
ATTEST: ATTEST:
City Secretary, City of Fl'iendswood Galveston County Clerk
D!lcu'Sign Envelope 10: 691AB135-47EE-42B6-820A-75D131BBEB79
CITY OF SEABROOK, TEXAS
By: Thomas G. KoJupski, MAYOR
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
By: Mike Fot·eman, MAYOR
ATTEST:
City Secretary, City ofFriendswood
CITY OF TEXAS CITY, TEXAS
By: Dedrick D. Johnson, S1·., MAYOR
ATTEST:
City Secretary, City ofTexas City
CITY OF PEARLAND, TEXAS
By: Kevin Cole, MAYOR
ATTEST:
City Secretary, City of Pearland
GALVESTON COUNTY, TEXAS
By: Mark Hemy, COUNTY JUDGE
ATTEST:
Galveston County Clerk
DocuSign Envelope ID: CF19F342-FEE7-4F31-BBC3-8FFEB59EDF55
CITY OF SEABROOK, TEXAS CITY OF TEXAS CITY~ TEXAS
By: Thomas G. Kolupsld, MAYOR By: Dedrick D. Johnson, Sr., MAYOR
ATTEST: ATTEST:
City Secretary, City of Seabrook City Secretary, City ofTexas City
CITY OF SOUTH HOUSTON, TEXAS CITY OF PEARLAND, TEXAS
@~3ft" ... ----
By: Joe Soto, MAYOR By: Kevin Cole, MAYOR
ATTEST: ATIEST:
City Secretary, City of South Houston City Secretary, City of Peal'land
CITY OF FRIENDSWOOD, TEXAS GALVESTON COUNTY, TEXAS
By: Mike Foreman, MAYOR By: Mark Hemy, COUNTY JUDGE
ATTEST: ATTEST:
City Secretary, City of Friendswood Galveston County Clerk
CITY OF SEABROOIC, TEXAS CITY OF TEXAS CITY, TEXAS
By: Thomas G. Koll1pski, MAYOR By: Dedrick D. Johnson, St·., MAYOR
ATTEST: ATTEST:
City SeCI·etaty, City of Seabrook City Secretary, City ofTexas City
CITY OF SOUTH HOUSTON, TEXAS CITY OF PEARLAND, TEXAS
By: Joe Soto, MAYOR By: Kevin Cole, MAYOR
ATTEST: ATTEST:
City Secl'etal'y, City of South Houston City Secretmy, City ofPeat·land
GALVESTON COUNTY, TEXAS
~~~~~
By: Mark Hemy, COUNTY J GE
' .
. rO\JiU 1 v ,t•'···~ .. J /
ATTEST: ··c.; .. ···· ~ . ···.:;,J~ -~~~· -J-+-,--'----~------'-'.<.1:--:\ ~-·, (,~~~:fa~
u .. ·. :... ·.._\ .. ~ /..
Galveston County Clerk -;.:.-:~ ··.... S .... ·:~"
·~--" f.. • 4 J. t •• ~ \ ""'
Dwight D. Sullivan · <._2o G f,~1
RESOLUTION NO. 2022-67
A RESOLUTION AUTHORIZING THE RENEWAL OF AN
INTERLOCAL AGREEMENT WITH A CONSORTIUM OF
LOCAL GOVERNMENTAL ENTITIES REGARDING THE
FUNDING OF A BREATH ALCOHOL TECHNICAL
SUPERVISOR
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LEAGUE CITY,
TEXAS, as follows:
Section 1. The City authorizes the renewal of an interlocal agreement with a consortium
of local goverrunental entities regarding the funding of a Breath Alcohol Technical
Supervisor; and an executed copy of this agreement shall be attached as Exhibit A.
Section 2. The City Manager or his designee is authorized to execute all docwnents
necessary to complete this transaction.
Section 3. All resolutions and agreements and parts of resolutions and agreements in
conflict herewith are hereby repealed to the extent of the conflict only.
Section 4. It is hereby found and determined that the meeting at which this resolution was
passed was open to the public and that advance public notice of the time, place and purpose
of said meeting was given as required by law.
PASSED AND APPROVED the 24th day of
ATTEST:
DIANA STAPP
City Secretary
Mayor
Page 1 ofl
EXHIBIT A
RESOLUTION NO. 2017-72
A RESOLUTION AUTHORIZING AN INTERLOCAL
AGREEMENT WITH THE TEXAS DEPARTMENT OF PUBLIC
SAFETY TO OBTAIN THE SERVICES OF A BREATH
ALCOHOL TECHNICAL SUPERVISOR
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LEAGUE CITY,
TEXAS, as follows:
Section 1. The City authorizes an Interlocal Agreement in substantially the same form as
Exhibit A, which is attached and incorporated herein, with Texas Department of Public
Safety to retain the services of a Breath Alcohol Technical Supervisor.
Section 2. The City Manager or his designee is authorized to execute all documents
necessary to complete this transaction.
Section 3. All resolutions and agreements and parts of resolutions and agreements in
conflict herewith are hereby repealed to the extent of the conflict only.
Section 4. It is hereby found and determined that the meeting at which this resolution
was passed was open to the public and that advance public notice of the time, place and
purpose of said meeting was given as required by law.
PASSED AND APPROVED the 25th day of April, 2017.
p
ATTEST:
APPROVED AS TO FORM:
City Attorney
Page I of1
1
2
3
4
INTERLOCAL AGREEMENT
Contract Number: 405-LES-16-0052
5
6 THE STATE OF TEXAS
7 COUNTY OF TRAVIS
8
9 THIS AGREEMENT is entered into by and between the Texas Department of Public
10 Safety, hereinafter "the Department", and City of League City, a home rule city existing
11 in the Counties of Galveston and Harris Counties, under the laws of the State of Texas,
12 hereinafter "the City", under the authority granted and in compliance with the provisions
13 of Chapter 791 of the Government Code.
14
15
16 I. RECITALS:
17
18 The City desires to obtain technical supervisory services in order to comply with
19 the requirements of Transportation Code Chapters 524 and 724, in connection
20 with obtaining evidence to be used in the trial of criminal and civil actions or
21 proceedings.
22
23 The Department is legally authorized to perform technical supervisory services
24 for the City.
25
26 This Agreement is made and entered into by and between the City and the
27 Department pursuant to the lnterlocal Cooperation Act, Government Code
28 Chapter 791 .
29
30
31 II. STATEMENT OF SERVICES TO BE PERFORMED:
32
33 A. Duties of the De partment. The Department will provide the services of one (1)
34 technical supervisor certified by the Scientific Director of the Alcohol Testing
35 Program of the Department paid for by the City. The technical supervisor will
36 perform the following functions:
37 1. Inspect, certify, calibrate, and maintain evidential breath alcohol
38 testing instruments;
39 2. Supervise the operation of the evidential breath testing instruments
40 and associated equipment in consultation with the City;
41 3. Provide expert testimony concerning the evidential breath testing
42 instruments and associated equipment and testing techniques that
43 are under the supervision of the technical supervisors of the
44 Department;
45 4 . Provide technical advice to prosecutors and law enforcement
46 agencies;
Page 1 of4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
5.
6.
7.
8.
9 .
Check and prepare chemicals used for testing when necessary;
Perform other duties as necessary to enable evidence obtained
from evidential breath alcohol testing instruments to be admissible
in criminal and civil proceedings; and
Provide annual supplemental training and retraining of certified
breath alcohol testing operators.
Maintain records and reports required by the Scientific Director and
comply with requests for records and data including, but not limited
to subpoenas, discovery, and public information act requests for
records held by the Department; and
Maintain as many evidential testing sites in the cities of League
City, Webster, Seabrook, South Houston, Texas City, Friendswood,
Pearland, and the County of Galveston, as necessary for the
success of the breath alcohol testing program.
16 B. Duties of the City. The City is responsible for the following functions:
17 1. Initial training and certification of breath alcohol testing operators;
18 2. When necessary, provide suitable classroom style facilities to the
19 Department for supplemental training and retraining of certified
20 breath alcohol test operators;
21 3. Where applicable, provide physical space to be used as breath
22 alcohol instrument test site locations which is suitable for evidential
23 breath alcohol testing; and
24 4. Comply with the Texas Breath Alcohol Testing Regulations.
25
26
27 Ill.
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AGREEMENT AMOUNT
29 The total amount of this Agreement will not exceed $100,000.00 in the first year
30 and $100,000 for each year in renewal. The parties agree that these amounts
31 fairly compensate the performance of the Agreement.
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33 IV. LIMIT OF APPROPRIATION
34
35 DPS understands and agrees, said understanding and agreement also being of
36 the absolute essence of this Agreement, that the total maximum compensation
37 that DPS may become entitled to for the Services performed under this
38 Agreement, and the total maximum sum that the City will become liable to pay to
39 DPS under this Agreement, will not under any conditions, circumstances or
40 interpretations thereof exceed the sum of $100,000.00. Notwithstanding
41 anything to the contrary, or that may be construed to the contrary, the City's
42 liability under the terms and provisions of this Agreement is limited to this sum.
43 When all the funds so certified are expended, DPS' sole and exclusive remedy
44 will be to terminate the Agreement.
45
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1 With regard to the renewal of this Agreement, the City has not allocated any
2 funds for any renewal period beyond the current fiscal year . Therefore, any
3 renewal is subject to the future allocation and certification of funds for the
4 renewal period and in accordance with the terms and conditions of this
5 Agreement.
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7 v.
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17 VI .
18
TERM OF THE AGREEMENT
The period of performance for this Agreement begins on the date of execution by
both parties and is effective for one year. It will automatically renew for one year
terms thereafter. This agreement supersedes any previous agreements for
technical supervisors between the Department and the City . Either party may
terminate the Agreement at any time and for any reason, including convenience,
after providing the other party written notice at least thirty (30) days prior to the
effective date of termination.
PAYMENT FOR SERVICES
19 The Department will submit to the City 's project officer identified in Paragraph VIII
20 a monthly invoice, in the amount of $8,333.33 per month. The City will pay each
21 invoice in compliance with State Jaw. The City will pay for services received with
22 a voucher, direct deposit, or other method as agreed upon by both parties and
23 allowed by the uniform statewide accounting system. Payments will be made
24 from current revenues available to the City .
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26 VII. WRITTEN MODIFICATION
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28 No modification or amendment to this Agreement will become valid unless in
29 writing and signed by both parties.
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31 VIII. PROJECT OFFICERS
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33 For purposes of this Agreement, the following project officers will receive all
34 required notices by certified mail, facsimile, or electronic mail as follows:
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F h C ort e ity:
Michael Kramm
555 West Walker
League City, Texas 77573
Telephone:281-338-4163
Fax:281-332-3147
E-mail: Michaei.Kramm@ lcpd.com
For the Department:
Mack Cowan
PO Box 4087
MSC 0570
Austin , TX 78773
Telephone: 512/424-5202
Fax: 512/424-5210
E-mail: mack.cowan @dps.texas.gov
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IX. OTHER CERTIFICATIONS AND SIGNATORY AUTHORITY
2
3 The City further certifies that it has the authority to contract for the above referenced
4 services by authority granted in its home-rule charter adopted pursuant to Article XI,
5 Section 5, of the Texas Constitution.
6
7 The Department further certifies that it has the authority to perform the above
8 referenced services by authority granted in Transportation Code Chapter 724 and
9 Government Code Chapter 411.
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Each party signing this Agreement hereby represents and warrants that it has full
authority to do so.
1\
CITY OF LEAGUE CITY
John Baumgartner
City Manager
DEPARTMENT OF PUBLIC SAFETY
Robert J. Bodisch, Sr.
Deputy Director, Homeland Security and
Services
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