HomeMy WebLinkAboutPR 19792: INTERLOCAL CONTRACT WITH JEFFERSON COUNTY SHERIFF'S OFFICE P.R. No. 19792
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RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN INTERLOCAL CONTRACT BETWEEN THE CITY OF PORT
ARTHUR AND THE JEFFERSON COUNTY SHERIFF'S OFFICE FOR
THE PURPOSE OF MAINTAINING A MULTI-AGENCY NARCOTICS
ENFORCEMENT UNIT
WHEREAS, pursuant to Chapter 791 of the Texas Government Code, the Port
Arthur City Council desires to enter into an Interlocal Contract between the City of Port
Arthur and the Jefferson County Sheriff's Office for the purpose of maintaining a multi-
agency narcotics enforcement unit, attached as Exhibit "A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR, TEXAS:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Council of the City of Port Arthur hereby authorizes the
City Manager and the Chief of Police to execute an Interlocal Contract between the City
of Port Arthur and the Jefferson County Sheriff's Department, in order to maintain a
multi-agency narcotics enforcement unit, in substantially the same form as attached
hereto as Exhibit "A".
Section 3. That a copy of the Resolution be spread upon the minutes of the
City Council.
READ, ADOPTED, AND APPROVED on this the day of May, 2017, at a
regular meeting of the City council of the City of Port Arthur, Texas, by the following
votes:
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AYES:
Mayor: ,
Councilmembers: ,
NOES: .
Derrick Ford Freeman
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPRO ED AS TO FORM:
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Val Tize o
City Attorney
APPROVED FOR ADMINISTRATION:
Brian McDougal
City Manager
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EXHIBIT "A"
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INTERAGENCY AGREEMENT
JEFFERSON COUNTY NARCOTICS TASK FORCE
STATE OF TEXAS
COUNTY OF JEFFERSON
This Interlocal Contract (Contract) is entered into by and between the Jefferson
County Sheriff's Office, hereinafter referred to as JCSO, and the Port Arthur Police
Department, hereinafter called PAPD, a municipal police department situated in
Jefferson County, Texas. This agreement is pursuant to Chapter 791 of the Texas
Government Code, concerning interlocal cooperation contracts. The Contract is
being approved by Jefferson County, a political subdivision of the State of Texas,
and the City of Port Arthur, a municipal corporation situated in Jefferson County,
Texas, in order to establish the responsibility for liability for law enforcement
services and effectuate insurance coverage and offer provisions that normally fall
within other authority.
WITNESSETH
WHEREAS, JCSO, and PAPD believe it to be in their best interest to maintain a
multi-agency, narcotics enforcement unit, herein after referred to as the TASK
FORCE.
NOW, THERE FORE, IT IS HEREBY AGREED AS FOLLOWS:
ARTICLE I
TERM
1.01 The term of this Agreement is to commence on the execution of this
Agreement and end on December 31, 2020.
ARTICLE II
CONSIDERTATION
2.01 As consideration for this Agreement, JCSO will provide office space and
related expenses (utilities, phone service, office supplies) for narcotics
investigator assigned to the task force by PAPD. The investigator shall at all times
remain an employee of their CITY and respective agencies. Investigators of the
JCSO assigned to the Task Force, shall at all times remain as employees of the
COUNTY and the JCSO.
2.02 All asset forfeitures resulting from narcotics operations of this Task Force
will be awarded to the JCSO. On December 1 of each year, the JCSO will asset
share a percentage of seizures awarded during the previous year to PAPD. This
amount will be determined by a percentage based on a calculation, of the total
number of narcotic investigators assigned to the Task Force. Other agencies may
join the Task Force, which would change the calculations.
ARTICLE III
LEAD AGENCY
3.01 Sheriff Zena Stephens shall designate a staff officer to serve as
Commander/Project Coordinator for the Task Force, who shall be authorized to
establish rules, regulations, and directives for the effective operation of the Task
Force.
ARTICLE IV
ASSURANCES
4.01 The Parties to this Agreement are governed by the Texas Tort Claims Act,
Chapter 101.001 et.seq., Civil Practice and Remedies Code. The Parties warrant
and represent to each other that they are self-insured or commercially insured for
all claims falling within the Texas Tort Claims Act. The Parties do not intend to
waive immunity or any protection afforded them, individually or collectively,
under the law.
4.02 The COUNTY and JCSO agree that the CITY and/or PAPD shall have no
liability whatsoever for the acts or omissions of an individual employed by the
COUNTY and/or JCSO regardless of where the individual's actions occurred. PAPD
agrees that the COUNTY and/or JCSO shall have no liability for acts or omissions
of an individual employed by PAPD regardless of where the individual's actions
occurred. Each party is solely responsible for the action and/or omission of its
employees and officers.
4.03 Each Party will assume all liability arising from the operation of Task Force
vehicles by its employees. Each Party assumes no liability for any employees other
than its own.
4.04 The forfeited vehicles operated by the Task Force are not commercially
insured. Each Party to the Agreement agrees to assume liability for the operation
of these vehicles by its officers and employees.
ARTICLE V
AMENDMENTS
5.01 This Agreement may only be amended by the mutual agreement of the
Parties hereto in Writing to be attached to and incorporated into this Agreement.
ARTICLE VI
LEGAL CONSTRUCTION
6.01 In case any one or more of the provisions contained in this Agreement shall
be held to be invalid, illegal or unenforceable in any respect, such an invalidity, 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.
ARTICLE VII
ENTIRE AGREEMENT
7.01 This Agreement supersedes any and all other agreements, either oral or in
writing between the Parties hereto with respect to the subject matter hereof, and
no other agreement or statement relating to the subject matter of this
Agreement which is not contained herein shall be valid or binding.
EXECUTED IN DUPLICATE ORIGINALS, EACH OF WHCH SHALL HAVE THE FULL
FORCE AND EFFECT OF AN ORIGINAL, ON THIS THE DAY OF
2017.
FOR JEFFERSON COUNTY
Zena Stephens, Sheriff/Project Director Jeff Branick, County Judge
FOR T CITY OF PORT ARTHUR
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Patrick Melvin, Chief of Police Brian McDougal , City Manager