HomeMy WebLinkAboutC2017-231 - 7/18/2017 - Approved INTERLOCAL AGREEMENT
SAN PATRICIO COUNTY AND THE CITY OF CORPUS CHRISTI
("Agreement")
WHEREAS SAN PATRICIO COUNTY, Texas employs Marie Ann Montoya as a
Technical Supervisor in its Intoxilyzer Program for the benefit of the law enforcement and
prosecution agencies of said County in their enforcement of the driving while intoxicated laws of
the State of Texas; and,
WHEREAS the CITY OF CORPUS CHRISTI, Texas desires the continued use of the
professional services of the said Marie Ann Montoya for the benefit of the law enforcement and
prosecution agencies of said CITY in like enforcement of said laws, the Parties hereto enter into
the following Agreement:
1. PARTIES
The following local governmental entities are Parties to this Interlocal Agreement and the
signatures of their authorized representatives below indicate acceptance of its terms:
A. SAN PATRICIO COUNTY, Texas, ("COUNTY") acting by and through its
Commissioners' Court; and
B. The CITY OF CORPUS CHRISTI,Texas, ("CITY") acting by and through
its City Council.
2. INTENT
It is the intent of the Parties to enter into an Agreement as provided in the Interlocal
Cooperation Act, Chapter 791 of the Texas Government Code. The subject of the Agreement,
providing the services of an Intoxilyzer Technical Supervisor as an adjunct of the law
enforcement responsibility of the Parties, is a function within the contemplation of the Act and
one which each Party is authorized to perform independently, irrespective of this Agreement.
3. TERMS OF AGREEMENT
This Agreement shall be in effect for the period beginning on January 1, 2018 and ending
at midnight on December 31, 2018, unless terminated by one or both Parties. The term of the
Agreement shall be automatically renewed for subsequent twelve (12) month periods, subject to
the termination provisions contained herein. Either Party may terminate its participation in the
Agreement by giving the other Party ninety (90) days' notice, in writing, of such termination.
Anything in this Agreement to the contrary notwithstanding, CITY shall not be relieved of its
obligation to pay COUNTY when due all amounts which accrued prior to such termination.
The CITY shall pay COUNTY an amount of Eighteen Thousand Five Hundred and
no/100 Dollars ($18,500.00) per twelve-month period for the above-described services of the
said Technical Supervisor. Subject to the termination provisions contained herein, and subject to
2017-231 1
7/18/17
Res. 031181
San Patricio County _
annual appropriations by the City Council, such payments will become due on December 31,
2018 and shall be paid thereafter on the last day of December of each succeeding year. The
CITY shall make annual payment by check in one lump sum of Eighteen Thousand Five
Hundred and no/100 Dollars ($18,500.00) and shall be received by COUNTY not later than
January 15, 2019 and thereafter on the 15th day of January of each succeeding year. A late fee of
$50.00 per day will be charged if the annual payment is not received by COUNTY by its due
date. Payment will be delivered to the following address by certified mail,postage pre-paid, and
effective five days after mailing or upon personal delivery. The check shall be made payable to
"San Patricio County" and delivered or mailed to 400 West Sinton Street, Room 109, Sinton,
Texas 78387.
4. PERSONNEL
Marie Ann Montoya, a trained toxicologist, is certified as a Technical Supervisor by the
Texas Department of Public Safety. She is employed by COUNTY as administrator of that
County's Intoxilyzer Program. The salary of Marie Ann Montoya is determined by the
COUNTY'S Commissioners' Court and shall be included in the budget of said COUNTY. In the
event that Marie Ann Montoya should become disabled,her employment be terminated, or she is
otherwise rendered unable to perform the services contemplated by this Agreement, the Parties
may terminate this Agreement or negotiate for further services to be performed by another
qualified individual.
Termination under this Section, or Section 3 above, shall not affect obligations incurred
by the Parties before the Agreement was terminated. All funds due or collected pursuant to this
Agreement shall be pro-rated to the day of termination of this Agreement and shall be paid or
refunded as necessary to effect the purposes hereof.
5. DUTIES OF THE PARTIES
The Intoxilyzer instrument(s) in CITY shall be inspected and serviced at least once a
month. The Technical Supervisor shall keep a record of such services as required by law and be
available to testify as a witness with reference to said instrument(s) in the courts of Nueces
County. The Technical Supervisor shall keep a record of all professional duties and services
performed in her official capacity. The record shall include time spent performing each duty for
the COUNTY and/or CITY of service, respectively. The Technical Supervisor shall prioritize
competing demands for services in the order of official notification at the address and telephone
number provided by the Technical Supervisor.
The CITY POLICE DEPARTMENT shall provide all consumable items and
extraordinary repairs required to operate their breath alcohol testing program.
6. NON-EXCLUSIVITY
COUNTY has established a cost-sharing relationship with the CITY concerning the
services of a Technical Supervisor. COUNTY reserves the right to enter into interlocal
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agreements with other governmental entities similar to the Agreement hereby established and
nothing herein shall be construed as a limitation thereof.
7. GOVERNING LAW AND VENUE
This Agreement will be construed under and in accordance with the laws of the State of
Texas and venue for any dispute or litigation between the Parties will be San Patricio County,
Texas.
8. ACCEPTANCE AND APPROVAL
This Agreement and all obligations hereunder shall not be binding on the Parties until
approved by the respective Commissioners' Court and/or City Councils by majority vote on
motions reflecting the entire term of this Agreement. Said approval shall be entered in the
minutes and attested below by the clerks of the respective Courts.
APPROVED by resoluti n,of the Ci Council of Corpus Christi,Texas,
on the \ i'day of ,20 fl
CITY OF CORPUS CHRISTI,TEX
Margie C. Rose,City Manager l�
ATTEST: � �� �
' � ‘ S. V SI )O
e ecca L. Huerta, City Secretary1-1
tY CVUP GIL • _
42
Legal Form Approved " I y ?0 , 20 )7;
Buck Brice,Assistant City Attorney
for City Attorney
IC
APPROVED by refieligienzef� the Commissioner ' Court of San Patricio County,Texas,
on the q1'day of , 200 .
SAN PATRICIO COUNTY,TEXAS
• Terry Si 4r. Cou .-!