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HomeMy WebLinkAboutRES 97-53 RESOLUTION NO. 2�� BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an interlocal agreement with Jefferson County for the purpose of establishing a joint Airborne Law Enforcement Unit. The contract is substantially in the form attached hereto as Exhibit "A." PASSED BY THE CITY COUNCIL of the City of Beaumont this the dJ��kday of 1997. - Mayor - INTERLOCAL AGREEMENT BEAUMONT/JEFFERSON COUNTY AIRBORNE LAW ENFORCEMENT UNIT STATE OF TEXAS § COUNTY OF JEFFERSON § This Interlocal Agreement,("the Agreement")is entered into between the City of Beaumont, a municipal corporation situated in Jefferson County, Texas, ("City"), and Jefferson County, a political subdivision of the state of Texas, ("County")pursuant to the Interlocal Cooperation Act, Tex. Gov't Code Ann. Sec. 791.001 - 791.027 (Vernon 1994). WITNESSETH Whereas, the Jefferson County Sheriff's Office ("JCSO"), has received from the United States Government two (2)military surplus United States Army OH-58C helicopters, serial number 70-15592 and serial number 71-20495; Whereas,it would be to the mutual benefit of the City and the County to establish a joint airborne law enforcement unit, ("UNIT"), to operate and maintain the helicopters for law enforcement purposes in Jefferson County; Whereas, the County through the JCSO and the City through the Beaumont Police Department("BPD")have greed to combine resources to form the Unit; Whereas, the JCSO and BPD have agreed to contribute funds from their respective asset forfeiture accounts to pay the costs and expenses related to operation, maintenance and upkeep of the helicopters; Whereas, City and County believe that it is in their mutual interest to enter into this Agreement to carry out operations of the Unit; and, E.z iHIEIT "A" Whereas, City and County agree to abide by all pertinent federal, state and local laws and regulations; NOW,THEREFORE,IT IS HEREBY AGREED AS FOLLOWS: ARTICLE I. 1.01 The purpose of this Agreement is to establish the responsibilities of the City (including BPD)and the County(including JCSO)as members of the Unit in regard to operation and maintenance of the helicopters. ARTICLE H. 2.01 The term of this Agreement shall be for a period of one(1)year from and after the date of execution hereof subject to other termination rights of the parties as established in this document. At the end of the initial term,this Agreement shall automatically be extended for one(1)year. Either party may terminate this Agreement after the initial term upon thirty (30) days written notice to the other party. ARTICLE M. 3.01 Equipment,hardware and other non-expendable items (except the helicopters)used during the performance of this Agreement may be owned by either the City(through BPD)or the County(through JCSO). Upon termination of this Agreement,ownership and possession of equipment, hardware and other non-expendable items (other than the helicopters) will revert to their respective owner(BPD or JCSO). All parties participating in operation of the Unit may donate property to the Unit for its participants use from time-to-time during performance of this Agreement, and it is understood that ownership of such property will be retained by the respective party unless otherwise agreed in writing. 2 3.02 If,upon termination of this Agreement,equipment,hardware,or other non-expendable items cannot be returned to the agency that provided them, the items may be sold upon agreement and the proceeds of the sale of those items dispersed to the BPD or JCSO in proportion to their original investment in the equipment,hardware, or other non-expendable items. 3.03 If donated or surplus equipment,hardware,or other non-expendable items are obtained at no cost to BPD or JCSO (i.e., surplus government property) and those items are sold or otherwise disposed of,any proceeds from that sale or disposition shall be dispersed to BPD and JCSO at a ratio of 50/50. Any proceeds from those sales shall be returned to the respective asset forfeiture funds account of the BPD or JCSO. 3.04 Upon sale of the aircraft(either or both of the US Army OH58C helicopters)proceeds from the sale of the aircraft shall be returned to the asset forfeiture funds accounts of BPD and JCSO on a ratio of 50150. ARTICLE IV. 4.01 The Sheriff(of the County) shall, with approval of the Chief(of the City), appoint an individual who shall be designated the"Chief Mechanic"and who shall be responsible for arranging for and supervising all maintenance of the helicopters. The Chief Mechanic shall provide such reports to the Sheriff and Chief as they deem necessary. 4.02 The expense of supplies, parts, and fuel needed for the maintenance and operation of the helicopters, excluding any pilot training, shall be shared by the City and County at a ratio of 50150. All expenses associated with the training and equipping of pilots shall be the responsibility of their respective agencies. 4.03 The purchase of supplies, parts, etc. needed for maintenance and/or operation of the helicopters shall be through the County's purchasing system,unless otherwise agreed to by 3 the City and County. Any purchase in excess of$500.00 shall require the prior approval of the Sheriff and Chief. 4.04 The Sheriff shall, on a periodic basis agreed to by the Chief, provide to BPD an itemized accounting of all costs and expenses related to operations of the helicopters. The Sheriff shall submit to BPD itemized invoices setting forth any reimbursable expenses and BPD shall make payment to JCSO (or a designated vendor)within thirty(30) days of receipt by BPD of such invoices. If any items in the invoice submitted by JCSO are disputed by BPD for any reason, including lack of supporting documentation,BPD shall temporarily delete the disputed item and pay the remaining amount of the invoice. BPD shall promptly notify JCSO of the dispute and request clarification and/or remedial action. After the dispute has been resolved, JCSO shall include the disputed amount on any subsequent regularly scheduled invoice or on a special invoice for the disputed item only. ARTICLE V. 5.01 The Sheriff(of the County) shall, with approval of the Chief(of the City), appoint an individual who shall be responsible for the operation of the Unit and shall be designated as the"Unit Commander". The Unit Commander shall provide such reports to the Sheriff and Chief as they deem necessary. 5.02 The City and County agree that any personnel assigned to operation of the Unit will be subject to the disciplinary rules, operating procedures and professional standards of their respective agencies and also subject to disciplinary rules, operating procedures, and professional standards established for the Unit. Where there is a conflict between the disciplinary rules,operating procedures or professional standards of the individual's agency and the Unit, the respective disciplinary rules, operating procedures and professional 4 standards of the employee's agency shall control. 5.03 The City and County agree that any personnel assigned to the operation of the Unit shall at all times be and remain employees of their respective agencies. All wage and benefit costs associated with assigned personnel shall be the responsibility of their respective agencies. ARTICLE VI. 6.01 That portion of any asset forfeitures,seizures,confiscations,etc.which the Sheriff and Chief agree is directly attributable to operations/missions of the Unit shall be shared on a 50150 ratio between City and County. All such shared monies or funds seized or the proceeds of the sale of any assets or property seized, forfeited, or confiscated shall,when allocated, be placed in the asset forfeiture fund accounts of those respective agencies. ARTICLE VII. 7.01 Insurance (a) Tort Claims-City and County as political subdivision, are governed by the Texas Tort Claims Act,Chapter 101.001 et. seq.,Civil Practice and Remedies Code. City and County warrant and represent to each other that they are self-insured or commercially insured for all claims falling within the Texas Tort Claims Act. (b) Each party to this Agreement agrees that it shall have no liability whatsoever for the acts or omissions of an individual employed by another party,regardless of where the individual's actions occur. Each party is solely responsible for the actions and/or omissions of its employees and officers. (c) The parties agree that the helicopters which are the subject of this Agreement shall not be flown until such time as there is in force a broad form general liability insurance policy naming both County and City as insured and insuring all risks in 5 the aggregate amount of one million and no/100 dollars($1,000,000). The cost of such insurance shall be shared equally between County and City. ARTICLE VIII. 8.01 An operations manual for the Unit shall be drafted and approved by BPD and JCSO prior to any use of the helicopters identified in this Agreement. The manual, and any modifications or changes thereto, shall be jointly approved by the Sheriff and the Chief. ARTICLE IX. 9.01 Operations conducted by BPD or JCSO shall be considered to be joint operations of BPD and JCSO unless otherwise agreed upon by JCSO and BPD. ARTICLE X. 10.01 This Agreement may only be amended by the mutual agreement of the parties hereto in writing and any amendments shall be attached to and incorporated into this Agreement. ARTICLE XI. 11.01 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 invalidity,illegality 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 XH. 12.01 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,statement or promises relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. 6 EXECUTED by the City this day of , 19_ EXECUTED by the County this day of CITY OF BEAUMONT, TEXAS JEFFERSON COUNTY, TEXAS By: By: Ray A. Riley,City Manager Carl R. Griffith, Jr., County Judge BEAUMONT POLICE DEPARTMENT JEFFERSON COUNTY SHERIFF'S OFFICE By: By: Tom Scofield, Police Chief G. Mitch Woods, Sheriff 7