HomeMy WebLinkAboutAgreement DARETHE STATE OF TEXAS §
§
COUNTY OF DALLAS §
INTERLOCAL COOPERATION AGREEMENT
FOR JOINT PROVISION OF POLICE SERVICES
THIS INTERLOCAL COOPERATION AGREEMENT is made and entered into on this
______ day of __________, 2004, by and between the City of Unive rsity Park, Texas
(hereinafter referred to as “CITY”), acting by and through its Mayor or his designee, and the
Town of Highland Park, Texas (hereinafter referred to as “TOWN”), acting by and through its
Mayor or his designee.
WITNESSETH:
WHEREAS
, the Texas State Legislature has authorized the use of interlocal cooperation
agreements between and among governmental entities for the provision of
governmental services and functions; and
WHEREAS
, this Interlocal Cooperation Agreement is made under the author ity granted by and
pursuant to the Interlocal Cooperation Act, Texas Government Code, Chapter
791, and as otherwise provided herein, relative to the joint authorization by CITY
and TOWN to provide certain police services.
WHEREAS
, the governing bodies find that the performance of this agreement is in the
common public interest of both parties, and that the services provided pursuant
hereto benefit the citizens of the CITY and the TOWN; and
WHEREAS
, the parties, in expending funds in the performance of the governmental functions
or in performing such governmental functions under this Agreement, shall make
payments therefore only from current revenues legally available to such party;
NOW THEREFORE, FOR AND IN CONSIDERATION
of the mutual agreements
contained herein, the parties hereto do hereby agree as follows:
I.
AGREEMENT
A. The CITY and TOWN agree, under the terms and conditions provided herein, and with
consent of the Highland Park Independent School District, to share the cost of provision
of the po lice personnel, salary and benefits, equipment and supplies, necessary for
presentation of the Drug Abuse Resistance Education (D.A.R.E.) program at the Highland
Park Intermediate School/McCulloch Middle School for an initial term of the 2004 - 2005
school year.
62587
B. The CITY will employ and furnish an appropriately trained and experienced police
officer of its Department to conduct the D.A.R.E. program during the term hereof. The
total estimated cost for provision of the program during the initial term of t he 2004 - 2005
school year is $80,000.00. The parties agree that the CITY will pay 75% of such cost and
the TOWN will pay 25% of such cost, for the initial term and any renewal term hereof.
The CITY will advance and pay all such costs as they accrue and the TOWN will
reimburse the CITY for its 25 % share upon receipt of a statement from the CITY
therefore, which statement will be rendered on or before September 30 and payable in full
on or before October 15, 2004.
II.
GENERAL REQUIREMENTS APPLICABLE TO T OWN AND CITY
The following subparagraphs shall apply to this Agreement:
A. (1) IMMUNITY: Nothing in this Agreement shall be construed to affect, alter, or
modify the sovereign immunity of either party under the Texas Civil Practice and
Remedies Code §§101.001 et seq. It is expressly understood and agreed that in the
execution of this Agreement, neither CITY nor TOWN waives, nor shall be deemed to
waive, any immunity or defense that would otherwise be available to each against claims
arising in the exerc ise of its governmental powers and functions.
(2) INSURANCE: During the term of this Agreement, and any extensions thereof,
CITY agrees to obtain and maintain, as part of the cost of providing the services
described herein, general liability insurance naming TOWN as an additional insured to
protect against potential claims arising out of the CITY’s provision of the service. The
CITY shall furnish TOWN with a certificate of insurance in accordance with this
paragraph within sixty (60) days from the date of execution of this Agreement. Nothing
contained herein shall be construed to grant any third party rights or waive the
governmental and/or public purpose of the provision of the police service described in
this Agreement. TOWN may also have its own insurance, at its own expense, for any
liability for such services, if it so chooses.
B. THIRD PARTIES: This Agreement does not create any third - party beneficiaries.
Nothing in this Agreement shall be construed to create, expand or form a basis for
liabili ty to any third party under any theory of law against either the CITY or TOWN
unless such a basis exists independent of this Agreement under State or federal law.
C. NOTICE: Each notice or other communication which may be or is required to be given
under this Agreement shall be in writing and shall be deemed to have been properly given
when delivered personally during the normal business hours of the party to whom such
communication is directed, or upon receipt when sent by United States registered or
certif ied mail, return receipt requested, postage prepaid, to the appropriate one of the
following addresses as may be designated by the appropriate party; however, each party
62587
has a right to designate a different address by giving the other party fifteen (15) days prior
written notice of such designation:
If to TOWN:
Mayor
Town of Highland Park
If to CITY:
Mayor
City of University Park
D. MANAGEMENT AUTHORITY During the term of this Agreement, and any extensions
thereof, CITY agrees to provide adequat e supervision and training of the police officer
assigned to provide the DARE program. The CITY shall perform and exercise all rights,
duties and functions and services in compliance with all applicable Federal, State and
local laws and regulations. The CITY in joint cooperation with TOWN and the Highland
Park Independent School District may establish necessary rules and regulations as may be
required to ensure the safe and orderly operation of the DARE program, provided that any
such rules and regulation s do not conflict with CITY or TOWN policy or state and federal
law.
E. CLAIMS AGAINST PARTIES: Each party shall be responsible for defending and/or
disposing of all causes arising against the respective party as a result of this program. It is
expressly understood and agreed that in the execution of this contract, neither CITY nor
TOWN waives, nor shall be deemed to waive, any immunity or defense that would
otherwise be available to each against claims arising in the exercise of governmental
powers and functions.
F. TERM: The initial term of this Agreement shall be for the 2004 - 2005 school year
commencing on the first day of the Fall school term, 2004, and shall thereafter be
annually reviewed by each party on or before March1, beginning on March 1, 2005, and
automatically renewed from year to year under the same terms and conditions set out
herein, unless terminated sooner by either party in writing on or before June 1, beginning
June 1, 2005.
G. ENTIRE AGREEMENT: This Agreement contains the entire agreement of the parties
hereto, and no other oral or written commitments shall have any force or effect if not
contained herein.
H. SEVERABILITY: In case any one (1) or more of the provisions contained herein shall
for any reason be held to be invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other provision thereof, and
62587
this Agreement shall be construed as if such invalidity, illegality or unenforceable
provision had never been contain herein.
I. AUTHORITY: The undersigned officers and/or agents are authorized to execute this
contract on behalf of the parties hereto, and each party hereto certifies to the other that
any necessary resolutions extending such authority have been duly passed and are now in
full force and effect.
III.
TERMINATION
Either party, or the Highland Park Independent School District, may terminate this
Agreement with or without cause, by giving prior written notice of the date of termination to the
other party, as provided herein.
IV.
REMEDIES
No right or remedy granted or reserved to the parties is exclusive of any other right or
remedy herein by law or equity provided or permitted; but each shall be cumulative of every
other right or remedy given hereunder. No covenant or condition of this Agreement may be
waived without written consent of the parties. Forbearance or indulgence by either party shall
not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement.
V.
APPLIC ABLE LAW
This Agreement is governed by the laws of the State of Texas and venue of any action
brought to enforce the terms hereof shall lie exclusively in Dallas County, Texas.
VI.
RECITALS
The recitals to this Agreement are incorporated herein for all purposes.
VII.
EXECUTION
This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original and constitute one and the same instrument.
62587
Duplicate originals executed by the parties to be effective on th e date first written above.
ATTEST: CITY OF UNIVERSITY PARK, TEXAS
By: ____________________________________ By: ________________________________
City Secretary Harold Peek, Mayor
APPROVED AS TO FORM:
_______________________________________
City Attorney
ATTEST: TOWN OF HIGHLAND PARK, TEXAS
By: ____________________________________ By: ________________________________
Town Secretary Bill White, Mayor
APPROVED AS TO FORM:
_______________________________________
Town Attorney
62587
THE STATE OF TEXAS §
§ City Acknowledgment
COUNTY OF DALLAS §
BEFORE ME
, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Harold Peek known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed same for and
as the act and deed of the City of University Park, a municipal corporation of Dallas County,
Texas, and as the Mayor thereof, and for the purposes and consideration therein expressed and in
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ________ day of
_______________, 2004.
____________________________ ____________________________
My Commission Expires Notary Public In and For:
The State of Texas
____________________________
Notary’s Printed Name
62587
THE STATE OF TEXAS §
§ Town Acknowledgment
COUNTY OF DALLAS §
BEFORE ME
, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Bill White known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed same for and
as the act and deed of the Town of Highland, a municipal corporation of Dallas County, Texas,
and as the Mayor thereof, and for the purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ________ day of ____________,
2004.
_____ _______________________ ____________________________
My Commission Expires Notary Public In and For
The State of Texas
____________________________
Notary’s Printed Name
62587