19-1060S:\Legal\Our pocuments\Ordinances\19\Ordinance - UNT Interlocal AgreemenY -,lueisdiction Limitation and Faciliry Use- SL -2nd - edits.docx
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WHEREAS, the attached Interlocal Cooperation Agreement ("Agreement"} specifies
responsibilities of the City of Dentan Police Department and the University af Narth Texas Police
Department, including but not limited to jurisdiction, public safety communications, facilities use,
court services, and detention; and
WHEREAS, the City of Denton Council finds that this Agreement is in the best interests
far the safety of the citizens of the City af Denton, and that a valid governmental public purpase
would be served by entering into the Agreement; NOW, THEREFORE,
R
le; `'C")C , The City Manager, or his designee, is hereby authorized to execute on
behalf af the City of Denton the Interlacal Coaperation Agreement with the University af Narth
Texas, relating the duties and obligations involved with the coordination of public safety related
efforts within jurisdiction boundaries, attached hereto a s E x h i b i t"A" and made a part hereof
by reference and is hereby approved.
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SECTION 3: That this Ordinance shall become effective immediately upon its passage
and appraval.
pp ce was made by ," ?`'°' and secondedThemotiontoarovetisOrinan
by ;' °_ _: " _ y this Ordinance was passed and approved by the
following vote [ ,'J" - Q ]] :
Mayor Chris Watts:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Jesse Davis, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
Nay Abstain Absent
PASSED AND APPROVED this the _ ,['G ... ._._., 2019 a',. iZ......... day of ,/'
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t.°1 Ii °A"'"l", MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
STATE OF TEXAS
CnUNTY OF DENTQN
INTEItLOCAL COOI'ERATIUN AGREEMENT
This h cerEocal Cooperation Agreement ("A reement''} is made and ente•ed into by and between
the Ci y of Denton, Texas, a munici al corporacion ("Denton"} and the t}niversity of No th Texes, a
political subdivision of Ilie statc of "Texas ("UN'").
WHEREAS, Denton and UNT desire to enter into an agreement regarding po[ice, fire, emer ency
tnedical seivices, municipai couit se•vices, aitd use of ti aining ce ter/frearms raiige; a»d
WHEREAS, this Agreement has been Au horized by tl e governing bodies af Dentot and UNT;
and
WH:REAS, the Interlocal Cooperatio i Act, Chapter 791, 'I'exas Government Code autliorizes
tmits of local governmcnt to contract with onc or more units of local government to perform govern nental
functions and services; and
WHEREAS, il is mutually advantageous to botl parties to enter into this Agreement; aiid
WHEREAS, the judge of the Denton Municipai Cou 1 is vested with all jurisdiction necessary to
hear and determine crimiital cases involving violations of Subchapter E of Cl apter 51 Texas Education
Code or a iy rules or regulation promulgated thereunder for whi h punishment does not exceed a fine of
200 for the prope 4y under tlie control and jurisdictioit of UNT,
NOW, THEItEFORE, in consideration of the terms and conditions co tained herein and other
valuable consideration, the reeeipe and suf(ieiency of which is hereby actcnowledged, the parties agree as
follows:
Ternr. 'I'he te•m of tl is a reement shal I bc for one ( I) year begim ing oii the date of execution on the
signature pa c oPthis Agi•ecmcnt, and shall automatically renew annually on the anniversary of that
date for additio al one (I) year terms unless either pai ly ives written natice of terminatio i thirty
30) calendar d ys rior to the expiration of t}e tl cn current term.
2. ii la c"c r • Denton and UNT agree to exchange and provide cei tain governmental
functioi s and services in the fotlowing inanner:
A.
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The University of North Texas Police Departmenl ("UNTPD") is responsible for law
enforcement service an groperiy owited oe controiled by UNT.
I'he Denton Aolice DepaiKment ("DAD") is responsible for law cnforcement service on non-
University property, contiguous to tlle (JNT eampus.
C, Texas Gducation Code 51.2U3 grants pcace officers commissioncd by UNT, full law
enforcement jurisdiction, including tl c ability to cnforce all traffic la as on streets ai d
highways, in all counties iiti which property is owned, leased, reiited, or otherwise under the
control of tlte institution. UNTPD wil1, vl en practicable, assist tlie Dentan Police Department
in the enforcement of traffic and parking statutes on ciry streets surrounding the UN'T campus.
INTERLOCAL COOI'FRATiON AGRC:EMENT Page t of 6
D, UNTpD and DPD, when praviding serviccs of personnel as a responding pai ty, cxpressly
waives the ribht to receivc resmbursement for services performed or equipment utilized under
this Asreen cnt.
lii tl e evei! UNTPD requests the assistance of any DPD special response unit sucli as SWA'I'
for the purpose of barricaded suspect, hostage incident}, etc., to assist with an incident
occurring on p•operty owned oe co itrolled by UN'1', the direct opei tional command of the
specialized unit will remain withii the DPD chain of conunand.
3. Cnniniu ticnllu rs.
A. The communications division of DAD sl all serve as the primary Public Safety Answering Point
PSAP") for 9-1-1 calls originating fi•om UNT.
B. UNT will maintaiit and operate an independent secondary PSAP.
C. Denton shall provide primary call and dispatch service for all fire end Etnergency Medical
Service calls.
D. Dentoi shall forward all police related calls for serviee, originatin from UNT property, to the
UNT secondary PSAI'.
E. Denton sf all assign UNT independent communications channels at no cast,
4. a ra'r,
A, Denton shall provide municipal jail services to UNTPD for on-vicw arrest of class C
misdemeanor offenders and for outstandin class C arrest warraiits.
B, UNTPD shall follow all DPU procedui•es including standard operating procedures, general
oE•de•s, and special orders regardin the arrest, booking, and reiease of prisoners.
C. In tl e event a prisoner, previously booked by UNTPD into tl e Detiton cityjail, reqtiires transfer
to the Denton County Jail, a UNTPD ofticer will respond and complete the transport.
5. ,rrca°l°: U.se.
A. Subject ta availRbiiity, UNTPD will have reasonable access and tse of the Den oiti Pubiic
Safety Training Center and I irearms ltange. '1'he chief law enforcement officer of both Dento t
PD and UNTPD will determine reasonable access to facilities.
B, Dentoit will maintain operatianal controi of the training center and firearms range. A certified
instructor, representing UNTPD, will be present during a!1 ti•aining conducted by UN'I'PD. The
instructor will e tsure adl erence to all applicable safety rules and that tl e ceilter and its
equipment arc left in a clean and operable state. Gquipment malfunctions will be reported to
the lraining center st ff as soon as possible.
C. UNTPD assumes liabilily from its use of the training cente' and firearms range in accordance
with the te•ms of ti e '1'exas Civil I'ractice and Remedies Code and otleer a plicable laws. Botit
1NTERLOCAL COOPERATION AGREEMENT Page 2 of6
pai ties cxpressly agree that they will not Iook la the other pa ly, to save or hold harmless, for
liability arisin6 fi•om acts or negligence of the esponsible party's agents, officers and/or
employees enga ed in the use of the lraining centcr and fi earms range. Damage to either
facility shall be repaired at the expense of'tlie agency at fault.
D. lJP'1'PD accepts the facilities a d all eqt ipment within the f'Acilities in "as-is" condition and
acknowledges that Dcnton inakcs no warranty in any manner, expressed or implied, includin
in regard to the facilities' fitness for a pailieular or specific purpose.
6. ±°r re' ' ru .
A. De lton shall provide fiEll Municipel Co u-t se•vices including Municipal Cou t prosecution to
UNT for class C eriminal cases, cases consistiiig of traffic offenses, and offenses wi ich are
violations of Stibcl apter E of Cliapcer 5 f of tl e 'Fexes Cducation Code, or rules and regulations
promulgated under said Subcliapter for which tlie punisl ment does not exceed a fine of $204.
The Denton Municipal Court shall separately account for all fines, costs, bonds or other funds
pertaining to said violaiions.
E3. Denloi shal! provide tl e Municipal Court prosecutia sei vices including the preparation and
fling ofall complaints or other documents necessary far the municipal court prosecutian of any
class C criminal offense, traf'fic offense, any offense in violation of Subchapter E oF Chapter 51
of Texas Education Code, or any rulcs or regulations proinulgated theretmder.
C, Denton Municipa) Court sl all notify the UNT police officers, tl rougl a mutually agreeable
procedure, of any cases scheduled before the Municipai Court,
D. Dcnton sl a{1 provide UNT with the necessary equipment and documents to issue and iile
muiticipal citations botl electronically and in writing, at no cost to UNT.
E, 11NT shall comply vith tl e Denton Municipal Court policy and procedure for the filing of
citations and/or crimiital cases.
F. As payment far services to bc provided by Dentan to UN't under this Agreement, UNT agrees,
to tlie extent allowed by law, that al! fines a:id costs assessed and collected by the Court shall be
forfei[ed to Denton in payment for said services.
7. .r rd'"'¢ r c' "'r r rr rr.„
A. In the event a iy d mage is caused to the equipment or facilities provided by the Denton
hei•etEnder, by tlie negligei ce or coiidiict af UN', its participants, recruits, agents, voluntoers,
subcontractois or employees, UN'I' shall cause the said damage or injury to be repaired as
speedily as possible at ils own cost and expense.
A, Ta tl e extent ai thorized by thc Constitutioii and tl c laws of thc Statc of Texas, UNT agrecs to
indemnify, hold harmless. and defend the City, its officers, agei ts, and employees froiti and agsins!
any and all claims or suits for injuries or death ofany person, damage, loss, or liabiliry of whatever
kind or character, arisin out of or in connection with performance by UNT or facility usages
INTERLOCAL COOPERATION AGREEMENT Page 3 of6
contemplated by this Agreement, incfuding all such claims oi• causes of action based upon
conunon, constiluEi nal or siatutrny I tw, or based, iiz whole or in pait, upon alle ations of negligent
or incentional acts of UNT, its officers, employees, agenis, subcontractors, licensees, and invitees.
C. UNT, as an agency of the State ofTexas, is iitsured %r eiseral liability insurance under a self-
insurance pro ram covering its limits of liability. Tlie parties agree that such self-insurancc by
UNT shall, witl out furtlier requirement, satisfy akl genei l liability insurance obligalions of
UN'I' under this A$reement.
8, W r'"r l r Events of Foree Majeure shall mean any contingency or cause beyond the reasonable
control of a party including, witliae t limitatiof, acts of God or the public enemy, var, riot, civil
commotion, insurrection, governrrtent or de facto overiunent action (unless caused by acts or omission
oF the party), fires, eaplosioizs, rain or othcr wcatl er delays, floods, stc•ikes, slowdowns or vork
stoppages. In the event that eitlter af the Pai ties sl ould be delayed in, or prevented from perform ing or
can•yin out any of the agreements, covenants and obligations under this Agreement by reason of Force
Majew•e, then, during tiie pendancy of such Foi•ce Majeure but for no lotiger period, tl e obligations of
the Parly affected hy the event shall be suspended to the extent required. Neither Party shakl be liable
to the other Pa ty for, or ait accouitt of, any loss, damage, injary or expense resulting from, or arising
out of any such delay or p evention from performing.
9. N ces. All notices required or permitted by tl is Agreement shall be in vriting and be deemed received
when deposited in tlle United States mail, postage prepaid, addressed to the following or such other
person or address as the parties may designate in writing or by Iland delivery or facsimile transmission
to the address set fortl below:
lf incended for Denton: Todd Hileman, City Manager
City of Denton, 'T'exas
215 E. McKinney
Denton, 'TX 76201
Wiili copy to: Frank Dixon, Dcnton Chief of Aolice
b01 E. Hickory #E
Denta, TX 76205
IFintended for UNT: Bob I3rown, VP Fiizance & Administratioii
I i55 Uiiio i Ci•cle #31 1425
Dent n, TX 76203-SU l 7
Witli copy to: Ed Reynolds, UNT Chief of Police
1700 Wilshire
Denton, TX 76201
10. r e r rr. 'fhe City may terminate this Agreement for cause if UN'f violates any covenants,
agreements, or guarantees of tl is Agreement, or UN'1' violates any law or regutation to which it is bound
1N'T6Rl.00AL COOPCRATION AGREEMF.NT Page 4 of6
tmder tl e terms of this Agreement. Willfu) failw•e Eo comply with any condition herein will justify
termination of this a reement, Willful failure includes, but is not limited to: I} isafe behavior, 2)
manipulatiiti weapans outside af appraved areas, 3) instructor negligence regai•ding the notential for
roUnds escapins the range (must be ii conventio al impact area), 4) reckless destruction of Firearms
1'raining Facility prope ty, or 5) failure to clean training area aRer training sessions. Fw-ther, eithee
Party may terminate this Ag•eement for any otl er reasons not specifically enumerated in this peragraph
upon givifig tl irty {30) days writtcn notice.
11. e, r rrr rr r, This Agreement shall be construed and governed by the laws of the State
ofTexas. Venue for any legal actio necessn y to enl'orce tliis Agreement will be in a couri ofcompetent
jurisdiction in Denlon County, Texas exclusively. No rcmedy herein conferred upon any Parry is
intended lo be exclusive of any otlier remedy. No single or paitial exercise af any Party of any right,
power, or remedy hereunder shall preclude any other or fiirthcr exercise tl ereof.
12. Cr a r rr r t This Agreemeni may be amended by the mutual agreement of the parties in writing and
attached to and incorporated in this Agree nent.
13. #r a r d , In the event that one or rnore of the provisions contained in this Agreement shall, for
any reason, be held to be invalid, illegal, or unenforceable, in any respect, sucl invalidity, illegality, or
unenforceability shal) not aftect other provisions, and the A$reement shall be construed as if such
invalid, iliegaE, or unenforceable provision liad never been contained in it.
14. r'rr^,, This Agreement embodies the camplete understanding of the paities l ereto,
superseding all oral or written previous and contempor neous agreements between the parties and
relating to the matters iiti this Agrecment.
15. .i r, By e cecuting this Agreement, each party represents that they have full capacity and
authority to grant all rigl ts and assume all abligations that lhey have granted and assumed under this
Agreement, and that this Agreement has been suthorized by the governing body oftlze respective party,
lb. 'vrr,;l,r r a t °T"his Agreement may not be assi ned itt whole or in part by any ofthe Parties without
prior written conse t of the other Party.
17. +`rrar t rar This A reement may be executed in any number of counterparts, each of which shal!
be deemed a i original and constitutes one and the same instrurnent.
SIGNRTURL:S TO FOLLUW ON NEX7' 1'AGL
IN'I'E[t[.OGAL COOPERATfON AGRGEMENT Page 5 of 6
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APPROVED AS TO FORM:
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ATTEST:
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fsxecutive Assistant
APPROVED AS Tn FORM:
Attorney for University ofNoirth Texas
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NORTH TEXAS
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Bob Brown
Senior Vice President
for Finance & Admfnlstratfon
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INTERLOCAL COOPERATiON AGREEMENI' Page 6 of6