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HomeMy WebLinkAboutC2005-426 - 8/30/2005 - Approved INTERI.OCAI. AGREP. MENT SAN PATRICIO COUNTY AND THE CITY OF CO]iPU8 ClIRISTI WHEREAS SAN PATRICIO COUNTY. Texas e,nploys Roxana Payne Lecocke as a :ethnical Supervi.~w m ,ts Intoxily. ter Program Ibr the benefit of the law enfomement and [.,,sccution agcmcws o i'said Cot,nl.x ,n their enforccment ofthe driving while intoxie, a_t _t~l laws of the ~,lJIc O] T:xas: and. WHEREAS thc CITY OF CORPUS CHRISTI. Texas desires the continued uae of the l,rofcmional services of the Mid Roxana Paync Lecoeke for the benefit of the law enforcement .md 0rosecufion agencies of said CITY in like emforrcanent of'said laws, the Pm'tics hereto tinter rolO fhe following Agn.~.-mcnt: I. PARTIES I'bc following local governmental entities are Parties to this lnterlocal Agr~'ment and the 5~.enatures oftheir authori/ed representalives belo~ indicate acccplance of its terms: SAN PATRICIO COUNTY. Texas. ("COLJNTY") acting by and through it, C¢,mmissmncr~' Court: and B. The CIIY OF CORPUS CHRISTI, Texas. I"CITY") acting by ard through its City L'¢.uncil. INTENT It ~s the intent of the Parties to enter into tm Agreement as provided in The Inter'local t't}opcration Act. ('hapter 791 of the Texas Govcrnmenl Cod~ The subjeaTJ, of thia Agreement., pmx iding the services oran Intoxilyzer Technical Superviaor as an adjunct of thc law enfonamaent rc.~maibility of thc Parties. ia u function within the cont~mplalion of the Act and one which oath }';mx is authorized to perform ind~endently, irrespective ol'this Agr~nent. TERMS OF AGREEMENT ['his Agrremc'm shall be in effect for the period be~nnin~ ~v¢ly, on January 1,2005 u nd ending IX-cembcr 3 I. 2~ gl5. unless termi hated by one or both Parties. The to-tm of this Agr~nent shall M' automatically ~unewed for subsequent twelve (12) monlh periods, subject to the m'mination p,m ,~ioru, contained herein Either Party mayt¢i,,inate its participation in this Agra-mere bygiving ~hc other Party ninety 190) da~' notice, m writing, of such t~rmination. Fhe CH'Y shall pay COLIN'FY an amount of Sewm Tho.~nd Five Hundred imcl no/IIX) I ),~llars ($".500.(}0) per twelve-month period for the ubove-dc~'ribed srrvices of lbo mid Technioal 08/30/~ Res026412 9mn IMtrici~ ",,pc~'isor Subject to the termination provisions contained herein, and subject to annual ,ppmpriat ions bx the City ('ouncil. such payments will commence on Decembex 3 I, 2005 and will !~c t~uld thcrealtcr on Ihe last day ofl)ecc'mber of each succeeding year. Thc CITY shall make annual :~aymenl by check in one lump sum of S7.500.00. The check shall be made payable to "San Palrieio I .runty" and delivered or mailed to 44~0 West Sinton Street, Room 109, Simon, Texas 78387. 4. PERSONNEl. Roxana Puyne l.ecocke, a trained toxicologist, is certified as a Technical Supervisor by the rex a.s Dcpartmcnt ofPublic Safcty. She is crnployed by COLINTY as administrator of that Count, s Imoxilx. zer Progrmn. Thc salary of Roxana Pa)mc Ixn:oeke is determined by the COUNTY's t ',m.mSSloners' ('oun and shall bc included in thc budget of ,aid COUNTY. In the event that Ro,~anu Payne I x'cockc should become disabled, her ~nploymem be t~..i~ or she in otherwise n.-ndcred ramble to perform the sct-,,ices contemplated by this Agreement, thc Parties may t~,,,,inate tins ,kgrecmenl or negmiatc for furlher services to be performed by axtother q.alified individual. 'l'erminat~on under Ihis Section. or Section 3 above, shall not affect obliging'ions incurred by ~hc Partie.4 before ~he Agn.'~'ment was tcn'minated. All funds due or collected pursuant to this .\gn.~'rnent shall b,: pro-rated to the day of tcrmin-tion of this Agreement and shall be paid or r, rended :ts necessary Io el'lbcl the purposes hereof. 5. DUTIES OF THE PARTIES Thc Intoxilyzer instrum~.'nls in CITY shall be inspected and s~rvic~cl al I~ast one~ a month. I he I'echnical Sup~n'visor shall keep a record of such services a~ required by hrw and be available I,.~ testify as a ~4tneas with reference to said instruments in the courts of Nueces County. The I cch~fical Supen isor shall keep a record of all professional duties and aervicam performed in her ,.~'ficml capacity. The record ~all include time spent performing eae~ duty for the COUNTY ,,nd or ('ltv of service, respectively The Technical Supervisor si'mil prioritize eO-,l.,e6ng demands I,,r :.c~.'lct .'s in th,: order of official notification at the address and telephone number provided by I,,.,.. J ~chmcal Supe~ ist~r. Thc CI'FY POLICE DEPARTMENT shall provide all consumablc items and oxtraordinary required to operate Iheir breath alcohol tesling program. ~. NON-EXCI.USIVITY C()UNTY has established a cost-sharing relationship with the CITY concerning the scrvmes ora Technical Supervisor. COUNTY reserves the fight to enter into iatefloeal a.,~mc, nts wilh other governmental entities similar to the Agreement heretyy established and m~thmg Ix-rein shall be cons'trued as a limitation thereof. 7. BUDGET Ibc appruved budget for the Intoxily-zer Program as adopted by the Commi~onera' Court ,,, ('<)t 'N FY For the period fi'om January I. 2005 through December 31,2005 is att~h~l aa I' xhdfit A Ithrec pages). The Parties agree that any servicc's provided shall be paid for with , nrTcnl rex ~.mucs of the paying p~u'ly. 8. ACCEPTANCE AND APPROVAL 'Fhls Agreemumt and all obli~,ions hereunder shall nol be binding on the Parties tmtil ~,ppr, vcd vy thc respective Commissioners' Courts and/or City Couneila by majority vote on motmns reflecting the entire t~l,, oflhis Aloz~ement. Said approval ahall be enterod in the minutes and atlested belov, by the clerk~ of the respective Courts. ..XPPR~0¥ED b.~ resolution of thc {'it3' Council o£Corpus Christi, Tcxa~ on "~ ':L~,~ ,21X15. {'IT5 OF ('ORPUS CHRIST1. TEXAS I I':S F: A~mando C~'~I~, City $~reutry. Randy ..\. Stoncroad .\ssi,,'lanl ( 'ity Attom~' APPROVED by resolution of the ('ommimioners' Court orSan Patficio County, T~aa, on thc ~lat~. I', 2005. bAN PATJL[CIO ('OUI~a~'. TEXAS Gracie Alaniz-Gommlcs. County CIm-k