2013-030 RES AUTHORIZING THE EXECUTION OF A LAW ENFORCEMENT INTERLOCAL AGREEMENT BETWEEN THE CITY OF PARIS AND PARIS INDEPENDENT SCHOOL DISTRICT

Home Browse Search

requested. In such situations, the parties generally intend for the department that primarily investigates the incident to complete the processing of the case for submission to the appropriate prosecuting authority, unless the respective department police chiefs mutually agree to a different arrangement on a case -by -case basis. 1.6 Emergency calls. Upon receipt of an emergency call- for - service from the public, the receiving police department shall dispatch a police officer to respond. The officer dispatched to the scene shall secure the situation and hold the scene until a unit from the other department arrives, at which time a determination will be made which police department has the primarily responsibility for handling the incident. Nothing herein should be construed to prevent an officer of either department from taking any action necessary to protect life, limb and / or property or preventing the escape of a suspect. 1.7 Non - emergency calls. Upon receipt of a non - emergency call- for - service from the public pertaining to investigation or enforcement of an incident that is within the primary responsibility of the other police department, the receiving department will (1) inform the caller that the other department will be notified and (2) shall promptly notify the other department of the call. 1.8 Breach of the Peace. Nothing herein should be construed to prevent a peace officer of either department from fulfilling his or her duty to preserve the peace wherever the officer is located. 1.9 Costs. Both the City and PISD shall bear the responsibility of their own costs and expenses in performing this Agreement. 1.10 Operating Procedures. Both the City and PISD may promulgate joint internal operating procedures consistent with this Agreement. Article 2. General Provisions 2.1 Governing Law and Venue. This Agreement shall be governed exclusively by the laws of the State of Texas. Venue for any dispute arising from this Agreement shall be in the district courts of Lamar County, Texas. 2.2 Section Headings and Construction. The headings of sections in this Agreement are for reference only and shall not affect the meaning of this Agreement. In construing this Interlocal agreement, none of the parties hereto shall have any term or provision, or any uncertainty or ambiguity as to any provisions herein, construed against such party solely by reason of such party having drafted the same. 2.3 Severability. If any provision of this Agreement is held to be illegal, unenforceable or invalid for any reason, the remaining provisions shall not be affected or impaired thereby. 2.4 Independent Contractors. The City and PISD are independent contractors. This Agreement shall not constitute the formation of a partnership, joint venture, employment or master /servant relationship. Neither the City nor PISD on the one hand, or PPD and PISD -DSS on the other hand, (i) shall exercise control over the performance of the other hereunder, or (ii) shall be deemed to be the agent, employee, or representative of the other party.