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Draft of police agreement

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The following is a draft of the Interlocal Cooperation Agreement for Law Enforcement Services between the Bartonville Police Department and the Double Oak Police Department.

INTERLOCAL COOPERATION AGREEMENT
FOR LAW ENFORCEMENT SERVICES
(DRAFT Revised 05-28-2014)

THIS AGREEMENT (hereinafter referred to as the “Agreement”), is made and entered into by the Town of Double Oak, Texas, a municipal corporation, (hereinafter referred to as “Double Oak”), and the Town of Bartonville, Texas, a municipal corporation, (hereinafter referred to as “Bartonville”).

RECITALS:

WHEREAS, Bartonville is desirous of providing its residents and businesses with full-time law enforcement protection and services, and

WHEREAS, Double Oak is desirous of furnishing full-time law enforcement protection and services to Bartonville, and

WHEREAS, the parties hereto desire to enter into this Agreement to provide law enforcement protection and services at the highest level possible for both communities in accordance with the terms and conditions set forth herein, and

WHEREAS, all payments to be made hereunder shall be made from current revenues available to the paying party; and

WHEREAS, the parties have concluded that this Agreement fairly compensates the performing party for the services being provided hereunder, and in is in the best interest of each party; and

WHEREAS, this Agreement shall be in conformance with Chapter 791 of the Texas Government Code, more commonly known as the “Interlocal Cooperation Act.”

NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND CONSIDERATION PROVIDED FOR HEREIN, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY CONFIRMED, THE PARTIES HERETO AGREE TO THE FOLLOWING:

Section 1.    All matters stated above in the preamble are found to be true and correct and are incorporated herein by reference as if copied in their entirety.

Section 2.    Term.    The initial term of this Agreement shall be from October 1, 2014, at 12:01 a.m., and until September 30, 2016 midnight, and shall be automatically renewed for additional periods of two years each, such renewal terms to commence on October 1 of the appropriate year and continue until September 30 of the next following year, unless written notice of termination or dissolution is received from one or more of the parties at least twelve (12) months prior to the expiration date of the Agreement or of any renewal term.

Section 3.    Scope of Services.    Double Oak hereby agrees to provide Bartonville the following equipment, services, personnel, and facilities (Section 3 a.-k. hereinafter collectively referred to as “police services”):

a.    An adequate number of police patrol units to provide routine neighborhood patrol, patrol of business establishments, speed limit enforcement and traffic control on all roadways within Bartonville, investigations, and otherwise enforce the laws of the State of Texas and Bartonville, in such a manner as to provide adequate police services considering factors such as but not limited to housing densities, commercial development, roadway conditions, traffic flow, etc.

b.    Answering and/or responding to calls for police assistance on a 24-hour basis.

c.    Arranging for and/or coordinating jail capacity and services for housing Bartonville prisoners including providing booking services, in accordance with the same processes and limitations for Double Oak prisoners.

d.    All human resource services necessary for the recruitment, screening, employment, and training of all personnel required to provide services to Bartonville, including providing all employee policies and procedures and the administration thereof.

e.    All general and personal liability coverage necessary for the adequate protection of Double Oak personnel providing said police services to Bartonville.

f.    Conduct all crime reporting and maintain all required law enforcement activity reports/statistics pertinent to Bartonville for the purpose of providing Bartonville performance measures relating to services provided by Double Oak in accordance with this Agreement.

g.    Designate the Mayor of Double Oak (or a Council Member appointed by the Mayor) to act on behalf of Double Oak, and to serve as “Liaison Officer” for Double Oak.  The Liaison Officer will make or receive requests and confer upon matters concerning the delivery of law enforcement services to Bartonville.  The Liaison Officer will devote sufficient time and attention to the execution of said duties and will provide immediate and direct supervision of the Double Oak employees, agents, contractors, sub-contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of Bartonville and Double Oak.  The Double Oak Liaison Officer will cause the Double Oak Police Department to respond to any non-emergency inquiries from the Bartonville Liaison Officer within 24 hours from the receipt of the inquiry.  In addition an annual meeting between the Police Department liaisons shall be conducted in which an appropriate annual fee, for presentation to council, and for inclusion in respective Town budgets, shall be determined.

h.    The Chief of Police for the Double Oak Police Department will determine the planning, organizing, assignment, direction and supervision of Double Oak personnel under this Agreement.  The rendition of service, the standard of performance, the discipline of officers, and other matters incident to the performance of such services and the control of personnel so employed will be the responsibility of the Double Oak Police Department.

i.    Give prompt consideration to all requests from Bartonville routed through the Liaison Officer or dispatch regarding the delivery of law enforcement services under this Agreement.  Double Oak will make every effort to comply with such requests as long as they are consistent with the law, and the Policy Manual of the Double Oak Police Department.

j.    Submit written reports of any and all activity within Bartonville as soon as reasonably possible after the 1st of each calendar month for the services provided during the prior month.  Said written report is usually referred to as an activity log.

k.    Any equipment including, but not limited to, vehicles, radars, computers, firearms, etc. transferred from Bartonville to Double Oak shall be documented and hand receipted to an agency officer and returned, if and when, Bartonville or Double Oak terminates the contract.  Any equipment that is owned by Bartonville, but transferred to Double Oak, that has reached its operational lifespan shall be returned to Bartonville for auction or disposal.

Section 4.    Bartonville’s Obligations.    Bartonville agrees to perform the following:

a.    Pay the sum of 389 Hundred Thousand and 458 Dollars ($389,458) to Double Oak for twenty four hour police services, to be provided by four designated Bartonville police officers, for the twelve-month period beginning with the Effective Date, and ending September 30, 2015, said sum to be paid in four equal installments of 97 Thousand 364 Dollars ($97,364), payable on or before October 1, 2014; January 1, 2015; April 1, 2015; and July 1, 2015.  During subsequent fiscal years it is understood that per officer costs will be computed as a percentage of the Double Oak Police Department operational expenses and may result in percentage increases or decreases based upon overall line item analysis.  An annual meeting between the Police Department liaisons shall be conducted in which an appropriate annual fee, for presentation to council, and for inclusion in respective Town budgets, shall be determined.

e.    In the event a co
nflict between the applicable Ordinances of Double Oak and Bartonville creates a difficulty in enforcement, Double Oak shall notify Bartonville of such conflict.  If Bartonville fails or refuses to amend its Ordinance(s) to be consistent with Double Oak within thirty (30) days of receipt of such notice, Double Oak may refrain from enforcing the conflicting Ordinance.

f.    Designate the “Liaison” to act on behalf of Bartonville, and to serve as “Liaison Officer” for the community.  The Liaison Officer will devote sufficient time and attention to the execution of said duties on behalf of Bartonville and will provide guidance and budget review for Bartonville and Double Oak.  Bartonville will notify Double Oak as to the designation of “Liaison Officer” for Bartonville if the Liaison Officer is a person other than the Mayor of Bartonville.

g.    Maintain access to the Bartonville Town Hall parking lot for vehicle storage and maintenance for two police cars.

h.     Maintain, with the assistance of Double Oak Police Department personnel, a legacy records management system and police records for the former Bartonville Police Department.  Police records will be maintained in a secure and locked room with access available only to the Town designated records custodian.  Police personnel records will be maintained by the Bartonville records custodian.

i.      Maintain, with the assistance of Double Oak Police Department personnel, a secure property room.  Keys to the property room will be maintained in a safe located in the Double Oak Police Department.

Section 5.    Revenues Retained.    All revenues, fines, forfeitures, etc. that may be generated by performing law enforcement duties within the municipal boundaries of Bartonville and Double Oak shall be retained by the respective town.  It is the intent of Council for Bartonville and Double Oak, that consolidation of court services under the supervision of Double Oak will be pursued in the future.

Section 6.    Termination.   

a.    This Agreement may be terminated at any time, by either party giving twelve (12) months written notice to the other party to the addresses provided herein.  In the event of such termination by either party, Double Oak will be compensated for all service performed to termination date, which will be the date twelve (12) months after the date of the notice of termination, together with any payments then due and as authorized by this Agreement.

b.    If Bartonville fails to make payment to Double Oak within thirty (30) days after the date of billing for any invoiced amounts, Double Oak, at its discretion, may suspend service until payment is received or may terminate this Agreement by giving proper notice.  Bartonville will not receive credit for time which service is suspended for non-payment.  If it becomes necessary for Double Oak to suspend services to Bartonville for non-payment of the invoiced amounts Double Oak will identify a date on which the services will be suspended and will notify the Bartonville Liaison Officer by telephone and in writing (to the Notice addresses provided in this Agreement) of the date service will be suspended.

c.    Bartonville’s recourse for failure of Double Oak to furnish law enforcement services under this Agreement will be the right to make a proportionate reduction in the fee to be paid (as determined by mutual agreement of the parties) or terminate this Agreement by giving proper notice.

Section 7.    Notices.    All written notices shall be sent to the following parties by certified mail-return receipt requested:

Double Oak                Bartonville
Mayor                    Mayor
Town of Double Oak            Town of Bartonville
320 Waketon Rd.            1941 E. Jeter Rd.
Double Oak, Texas 75077        Bartonville, Texas 76226

Section 8.    Dispute Resolution.    In order to ensure an effective relationship between the parties and to provide the best possible police services, it is mutually agreed that all questions arising under this Agreement shall be handled and resolved between the Mayors of Double Oak and Bartonville (as ratified by the respective governing bodies), except that citizens and/or residents of Bartonville shall be provided the same access to Double Oak’s Police Chief, and officers and employees as Double Oak’s residents enjoy as it pertains to said aforementioned police services.  Any issues not resolved hereunder may be referred to the respective governing bodies for resolution, who hereby agree to the appointment of a court-certified mediator to assist in resolving said dispute as a prerequisite to the filing of any lawsuit over such issues.

Section 9.    Jurisdiction.    By this Agreement, Bartonville grants full and complete authorization and jurisdiction to Double Oak for all police services provided by Double Oak contained in this Agreement.  Said jurisdiction shall apply to the town limits of Bartonville as shown on Exhibit “A” attached hereto.

Section 10.    Venue.        Venue for any legal dispute arising pursuant to this Agreement shall be in Denton County, Texas.  No litigation shall be commenced prior to affording the other party the opportunity to participate in mediation in accordance with Section 8.

Section 11.    At all times during the term of this Agreement, all police officers and employees shall be under the supervision and control of the Chief of Police of Double Oak or his/her duly authorized representative.

Section 12.    Both parties mutually agree that Double Oak is an independent contractor, and shall have exclusive control of performance hereunder, and that employees of Double Oak in no way are to be considered employees of Bartonville.

Section 13.    Indemnification.    Bartonville agrees to hold harmless, save and indemnify Double Oak for any and all claims for damages, personal injury and/or death, and property loss that may be asserted against Double Oak arising from Bartonville’s negligence or its performance hereunder.  Double Oak agrees to hold harmless, save and indemnify Bartonville for any and all claims for damages, personal injury and/or death, and property loss that may be asserted against Bartonville arising from Double Oak’s negligence or its performance hereunder.  The foregoing notwithstanding, the parties hereto reserve the right to all available legal defenses, immunities and all protections and limitations of liability provided by the Texas Tort Claims Act and the Texas law relative to these parties.

The provisions of this indemnification are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity.

Section 14.    This Agreement may only be modified, changed or altered at any time, upon mutual agreement of the parties, provided that any such modification, change and/or alteration be reduced to writing, and approved by the governing bodies of Double Oak and Bartonville.

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