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2014-014 - Authorizing an Interlocal Agreement for drug related investigations between the City of Paris, the City of Reno, and Lamar CountyRESOLUTION NO. 2014 -014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AND APPROVING AN INTERLOCAL AGREEMENT BETWEEN LAMAR COUNTY, TEXAS THE CITY OF PARIS, TEXAS, AND THE CITY OF RENO, TEXAS, (HEREINAFTER THE "PARTIES ") FOR LAW ENFORCEMENT SERVICES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Parties have authority to perform the duties of law enforcement under the laws of the State of Texas within the boundaries of their respective jurisdictions, each of which is hereinafter referred to as "home jurisdiction "; and, WHEREAS, from time to time the Parties need assistance from other law enforcement agencies outside their jurisdiction to investigate and prosecute their drug related cases; and, WHEREAS, Paris, Reno and Lamar County law enforcement agencies desire to share resources and work together in investigating and prosecuting drug related cases in their neighboring jurisdictions; and, WHEREAS, an Interlocal Agreement for law enforcement services between Lamar County, Paris, and Reno, is attached hereto as Exhibit "A" and should be in all things, approved, and the City Manager of the City of Paris should be authorized to execute the same; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the Interlocal Agreement between Lamar County, Texas, The City of Paris, Texas, and The City of Reno, Texas, attached hereto, and incorporated herein by reference as Exhibit "A ", be, and the same is hereby, approved in its substantial form. Section 3. That the City Manager be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the Interlocal Agreement for cooperative law enforcement services related to drug or narcotic cases in substantial accordance with the form of the Agreement attached hereto as Exhibit "A ". Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 14th day of April, 2014. ATTEST: nice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney THE STATE OF TEXAS § COUNTY OF LAMAR § INTERLOCAL AGREEMENT FOR COOPERATIVE INVESTIGATION OF DRUG RELATED OFFENSES THIS INTERLOCAL AGREEMENT ( "Agreement ") is, made and entered into by and between LAMAR COUNTY, TEXAS hereinafter referred to as "Lamar ", THE CITY OF PARIS, TEXAS hereinafter referred to as "Paris" by and through its City Mayor and THE CITY OF RENO, TEXAS, hereinafter referred to as "Reno ". All the aforementioned entities are local governments, created and operated to provide one or more governmental functions and services, hereinafter referred to collectively as the "parties." The parties hereto, in consideration of the premises and mutual promises contained herein, agree as follows: WITNESSETH: WHEREAS, the Agreement is made under the authority of Chapter 791 of the Texas Government Code in order to increase the efficiency and effectiveness of local government of the parties; WHEREAS, the parties, in performing governmental function or in paying for the performance of governmental functions hereunder shall make that performance or those payments from current revenues legally available to that party; WHEREAS, the parties each have authority to perform the duties of law enforcement under the laws of the State of Texas within the boundaries of their respective jurisdictions, each of which is hereinafter referred to as "home jurisdiction "; WHEREAS, each party occasionally has the need for assistance in performing the duties of law enforcement related to drug related offenses, which can be provided from agencies outside of its home jurisdiction; WHEREAS, in further consideration for participation under this Agreement, all parties agree to make available their law enforcement personnel for assistance, investigation and the performance of any and all duties of law enforcement related to drug related offenses outside of each party's home jurisdiction and within the home jurisdiction of another party to this agreement; WHEREAS, the governing bodies of each party find that the subject of this contract is necessary for the benefit of the public and that each party has the legal authority to perform and to provide the governmental function of service which is the subject matter of this contract; furthermore, the governing bodies find that the performance of this contract is in the common Page 113 interest of all parties; and, including the above - mentioned consideration, that the division of cost /labor fairly compensates the performing party for the services under this contract; NOW, THEREFORE, the parties do hereby agree as follows: ARTICLE 1: SCOPE OF AGREEMENT The parties agree to make available their law enforcement personnel for assistance, investigation and the performance of any and all duties of law enforcement related to drug related offenses outside of each party's home jurisdiction of another party to this agreement if requested by each party's respective Chief of Police, Sheriff, or designee. ARTICLE 2: FOREFEITURE OF CONTRABAND PURSUANT TO CHAPTER 59 OF THE TEXAS CODE OF CRIMINAL PROCEDURE All parties agree that proceeds from forfeiture of contraband (seized under actions taken pursuant to this Agreement) pursuant to Chapter 59 of the Texas Code of Criminal Procedure shall be governed by the standing agreement between the Lamar County District Attorney's office and the agency that instigated the investigation. ARTICLE 3: LEGAL AUTHORITY All parties represent that they are eligible to participate in this Agreement as a local government, as defined in the Act, and possess adequate legal authority to enter into this Agreement. ARTICLE 4: APPLICABLE LAWS The parties agree to conduct all activities under this Agreement in accordance with all applicable rules, regulations and ordinances and laws in effect or promulgated during the term of this Agreement in Lamar County, Texas and within the municipalities of Paris, Texas and Reno, Texas. ARTICLE 5: WHOLE AGREEMENT This agreement and any attachments, as provided herein, constitute the complete contract between the parties hereto, and supersede any and all oral and written agreements between the parties herein. ARTICLE 6: CHANGES AND AMENDMENTS This agreement may be amended only by a written amendment executed by the parties, except that any alterations, additions, or deletions to the terms of this Agreement which are required by changes in Federal and State law or regulations are automatically incorporated into this Agreement without written amendment hereto and shall become effective on the date designated by such law or regulation. ARTICLE 7: EFFECTIVE DATE AND TERM This agreement will become effective as of the date last executed by the Parties hereto. The initial term of this Agreement shall be for a period of twelve (12) months. This Agreement shall Page213 automatically renew for successive one -year terms unless terminated by the Parties as provided herein. ARTICLE 8: INDEMNITY To the extent permitted by law, the Parties do hereby agree to defend, indemnify and hold each other harmless from and against any and all losses, claims, causes of action, damages, liabilities and costs (including without limitation, court costs and reasonable and necessary attorney's fees) that arise from their own (including the Party's employees and agents) negligence, gross negligence or willful misconduct. Provided, however, nothing in this Article shall be interpreted to constitute a waiver of sovereign immunity, governmental immunity, official or qualified immunity of any of the governmental parties to this Agreement. ARTICLE 9: TERMINATION OF AGREEMENT The Agreement may be terminated at anytime by a Party following thirty (30 days written notice to all parties. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers on the date indicated below. LAMAR COUNTY, TEXAS Judge Chuck Superville TITLE: Lamar County Judge Date: CITY OF PARIS, TEXAS BY: A.J. Hashmi, M.D. TITLE: City of Paris Mayor Date: CITY OF RENO, TEXAS BY: Buddy Heuberger TITLE: City of Reno Mayor Date: Page 313