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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