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R-2014-115 2014-09-22RESOLUTION NO. R2014-115 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 League City, Seabrook, Clute, Webster, Texas City, South Houston and Galveston County for Breath Alcohol Technical Supervisor Services. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Interlocal Agreement by and between the City of Pearland, League City, Seabrook, Clute, Webster, Texas City, South Houston and Galveston County, 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 an Interlocal Agreement with League City, League City, Seabrook, Clute, Webster, Texas City, South Houston and Galveston County for Breath Alcohol Technical Advisor Services. PASSED, APPROVED and ADOPTED this the 22nd day of September, A.D., 2014. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY r2,„ TOM REID MAYOR 0111111,, ,���1111t1111� Resolution No. R2014-115 Exhibit "A" INTERLOCAL CONTRACTUAL AGREEMENT CONCERNING BREATH ALCOHOL TECHNICAL SUPERVIOR This is an Agreement entered into on the 42ld day of C -j , 2014, by and between the CITY OF LEAGUE CITY, TEXAS, a home rule City c isting in Galveston and Harris Counties, Texas, (hereinafter sometimes called "COLC") and the following governmental entities: THE COUNTY OF GALVESTON, TEXAS, acting on bchalfof the offices of its Criminal District Attorney and its Sheriff, a Texas County, CITY OF WEBSTER, TEXAS, a home rule City in Harris County, Texas, CITY OF SEABROOK, TEXAS, a home rule City in Harris County, Texas, CITY OF SOUTH HOUSTON, TEXAS, a hone rule City in Harris County, Texas, CLUTE, TEXAS, a home rule City in Brazoria County, Texas, TEXAS CITY, TEXAS, a home rule City in Galveston County, Texas, PEARLAND, TEXAS, a home rule City in Brazoria County, Texas and CiTY OF FRiENDSWOOD, TEXAS, a hone 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 contracting parties hereto have need Ibr the services of a certified (by the Scientific Director, Alcohol Testing Program, Texas Department of Public Safety) Breath Alcohol Technical Supervisor, hereinafter sometimes collectively called "Breath Alcohol Technical Supervisor", and for an Evidential Breath Alcohol Instrument (also certified by the sane Texas DPS Scientific Director) for use in law enforcement and prosecution of Driving While intoxicated (hereafter "DWI") arrests; and WHEREAS, each party shall provide its own certified Evidential Breath Alcohol Instrument including all enhancements, betterments or upgrades selected by the COLC during the term of this agreement at its own cost, but (he COLC is committed to providing the Breath Alcohol Technical Supervisor for the provision of services described herein for the COLC and all the collective governmental entities named herein, using and supervising the use of said in house Evidential Breath Alcohol Instrument at the offices of the various contracting parties. That employee/Breath Alcohol Technical Supervisor of the COLC shall be a Breath Alcohol Technical Supervisor at the COLC, who job description shall be that he/she shall. in a capable and professional manner: 1, Comply with and meet all breath Alcohol Testing Regulations sct forth in the Texas Breath Alcohol Regulations Title 37 Public Safety and Corrections, Part 1 Texas Department of Public Safety Chapter 19, Breath Alcohol Testing Regulations, Subchapter A, Breath Alcohol Testing Regulations attached hereto and incorporated herein by reference as Exhibit "A" is a recitation of said regulations. 2. Perform any other duties by the Scientific Director, Alcohol Testing Program, Texas Department of Public Safety, which are tither required now or in the future as a predicate 10 admissibility of evidence related to the Evidential Breath Alcohol Instrument equipment or the methods, processes or procedures utilized or followed by each entity. 3. Provide all breath testing needs including mouthpieces and all other collateral supplies (except an ample supply of blood tubes and all State mandated and required paperwork for filing as part of a Driving While intoxicated (DWI) arrest which shall be provided by the applicable governmental entity). 4. Recognize that he/she is an employee at will of COLO who has no express or implied contract of employment and whose employment may be terminated at any time for any lawful reason: and WHEREAS, there are significant savings to he realized by the various contracting parties hereto if this service is provided by the employee/Breath Alcohol Technical Supervisor of one entity for the joint use of all named entities herein on a collective cost sharing basis; and WHEREAS, COLC shall hire the employee/Breath Alcohol Technical Supervisor for purposes of this agreement and all other duties as assigned; and WHEREAS, all other entities named herein seek the benefit of such services from COLC and understand that in return COLC requires the predictability of a minimum term for the agreement and a predictable allocation of the costs receivable over that term, but not thereafter unless renewed and agreed in writing; and WHEREAS, COLC has (or shall have by the time the program is initialed) adequate personnel for this service and it would be more cost efficient f'or the other entities to share in the subject costs. as made the basis of this agreement; and NOW THEREFORE, for the consideration hcrcinafie• stated the parties do hereby agree as follows' 1. The terms of this contract shall be for a period of sixty (60) months commencing October 1, 2014, and continuing until September 30, 2019. Any Renewal and/or Proposals concerning this, or subsequent, contract(s), shall be submitted to all parties in contract form, ready for signature no later than sixty (60) days prior to the ending of this contract. This Agreement will automatically be extended beyond the expiration date Io allow each participating agency to review whether or not it wishes to renew the Agreement unless terminated earlier by the provisions of the Agreement. This extension is for a maximum period of six months or until April I, 2020. 11. The objective of this contract is to achieve economies of scale by reducing the cost of multiple Breath Alcohol Technical Supervisors for thc respective governmental entities. 111, The recitals in the preamble are incorporated herein as findings and terms. Each entity shall purchase and make available the standardized lntoxylze• hardware called for in the preamble herein. COLC shall provide the Breath Alcohol Technical Supevisor more particularly described in the same preamble. The job performance, duties and responsibilities of the certified Breath Alcohol Technical Supervisor shall be the responsibility of COLC because the certified Breath Alcohol Technical Supervisor shall be an employee of COLC, shall he subject to COLC employee benefits, job performance standards and merit raises and thc cost of same has been estimated and calculated to he a gross annual amount of $91,442.00 for each year to provide this employee to meet the objectives contained herein, That cost shall be prepaid annually to COLC by each contracting party in an amount equal to a traction determined by a numerator of the total gross cost indicated and a denominator of the total signatory parties to this agreement. COLC shall invoice each contracting party within the first week of each October of the contract term and contracting party shall remit payment to COLC within thirty (30) days of receipt of invoice. In the first quarter of the year alter each full year is experienced, the real costs actually incurred shall he calculated and compared to thc amount prepaid for the year in question and the pro rata cost (and the new prepaid estimate to be charged) shall be adjusted accordingly. An invoice including this "true up" amount shall issue within the first week of each October following the conclusion of each year of the ccmlract term and contracting party shall remit payment to COLC within thirty (30) clays of receipt of invoiee.The obligation to pay an equal share for the full five year term shall be enforceable by COLC against any other party whether or not that party decides to withdraw during the term. Such a take or pay provisions shall expire after the first five year term unless agreed otherwise in writing. IV. All parties shall abide by reasonable Rules and Regulations established by COLC concerning maintcnanec of the Evidential Breath Alcohol Instrument equipment, record keeping, documentation or the upgrades or changes to standard equipment and the procedures to follow in the implementation of this contract. COLC agrees that, at a minimum, all Rules and Regulations it establishes will be in strict compliance with Texas Department of Public Safety Rules and Regulations. COLO shall notify all parties in writing, as to any changes to such Rules and Regulations. No changes in Rules and Regulations shall be implemented without the notification of all parties prior to the effective date of such changes. Should -any party disagree with or object to the proposed Rules and Regulations, COLC will meet with such party and attempt to reach a mutually agreed upon solution to the disagreement or objection. V. Should any party to this Agreement note any material deficiency in the performance of services provided by the Breath Alcohol Technical Supervisor, such deficiency will be reported to the COLC Chief of Police. The COLC Chicle(' Police shall ensure such deficiencies ac corrected within ten (10) days. If however, the deficiencies are not corrected, the reporting party may terminate its further involvement in this Agreement with no lirrther obligations. VI, 'Phis contract may be terminated by COLC upon sixty (60) days written notice. Upon the effective date of such termination. all prepaid but unused payments for services will he refunded by COLC to each party. Any other party may terminate its participation in this agreement upon thirty (30) days written notice to the other parties. Upon termination by a party no prepaid but unused payment for services shall be refunded. Unless a withdrawing party terminates its participation in this Agreement in accordance with Article V, the withdrawing party shall pay as it accrues the pro rata share of the withdrawing party for the remainder of the full live (5) year term. There shall be no refunds. To the extent permitted by the laws and Constitution of the Stale of Texas, all parties shall be obligated to make payments under this contract from Binds budgeted and appropriated for that purpose. Should a party be delinquent in any payment during the first five (5) year term or should a party fail to appropriate finds to make payments during any fiscal year during the terns of this contract, COLC shall cease to be obligated to provide the services unless and until the delinquency is cured but the obligation aft party to pay shall not expire. in conformance with Texas Government Code Section 791.01l(d)(3), each payment •due from a party to COLC for services provided for herein are payable from the party's then current revenues. This Agreement will automatically be extended beyond the expiration date to allow each participating agency to review whether or not it wishes to renew the Agreement unless terminated earlier by the provisions of the Agreement. This extension is for a maximum period of six months or until April 1, 2020. CITY OF LEAGUE CITY, TEXAS CITY OF WEBSTER, 'TEXAS By: Timothy Paulissen, MAYOR ATTEST: City Secretary, City of League City, Texas C1TY OF SEAI3ROOK, TEXAS By: Glenn Royal, MAYOR ATTEST: City Secretary, City of Seabrook, Texas cm, OF PEAR! •I'I?XAS By: "tom Reid, MAYOR TTEST: Secreta , _11y of CITY Ole CLUTE, TEXAS By: Calvin Shiflet, MAYOR ATTEST: City Secretary, City of Clutc, Texas By: Donna Rogers, MAYOR ATTEST: City Secretary, City of Webster, Texas CITY OF TEXAS CI'T'Y, TEXAS By: Matt Doyle, MAYOR ATTEST: City Secretary, City of Texas City, Texas CITY OF SOUTH ITOUSTON, TEXAS 13y: Joe Soto, MAYOR ATTEST: City Scctclaty, City of South Houston, Texas GALVESTON COUNTY, TEXAS By: Mark A. Henry, Judge ATTEST: Galveston County Clerk