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2002-291O INANCE NO./ AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A MUTUAL AD LAW ENFORCEMENT AGREEMENT BETWEEN THE CITY OF DENTON POLICE DEPARTMENT AND THE UNIVERSITY OF NORTH TEXAS POLICE DEPARTMENT TO ALLOW COOPERATION IN THE INVESTIGATION OF CRIMINAL ACTIVITY AND TO PROTECT HEALTH, LIFE, AND PROPERTY AGAINST SUCH THINGS AS RIOT AND NATURAL DISASTER OR MAN-MADE CALAMITY; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I: That the Mayor is hereby authorized to execute an Agreement between the City of Denton the University of North Texas for the purpose of allowing cooperation in the investigation of criminal activity and to protect health, life, and property aga'mst riot, against unlawful assembly accompanied by the use of fome or violence, and during times of natural disaster or man-made calamity, a tree and con'ect copy of which is attached hereto and incorporated by reference herein. SECTION 2: That the City Council authorizes the performance of the services as provided pursuant to the provisions of said Agreement. SECTION 3: That this ordinance shall become effective immediately upon its passage and approval. PASSED ANDAPPROVEDthisthe/~dayof I&~Mg~J ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY HERBERT L. PROUTY, CITY ATTORNEY MUTUAL AID LAW ENFORCEMENT AGREEMENT BETWEEN THE UNIVERSITY OF NORTH TEXAS POLICE DEPARTMENT CITY OF DENTON POLICE DEPARTMENT WHEREAS, pursuant to the powers granted under Chapter 51 and Chapter 105 of the Texas Education Code, the City of Denton, Texas, and The University of North Texas desire to form a mutual aid law enforcement agreement to cooperate in the investigation of criminal activity and enforcement of the laws of this state, and the ordinances of the City of Denton, and to provide additional law enforcement officers to protect health, life, and property against riot, against unlawful assembly accompanied by the use of force or violence, and during times of natural disaster or man-made calamity; NOW, THEREFORE, in consideration of the mutual promises each to the other made, the parties do hereby agree as follows: I. The following terms shall have the following meanings when used in this agreement: A. "Law Enforcement Officer" means any commissioned peace officer; B. "Member" means a party to this agreement; C. "Chief Law Enforcement Officer" means the Chief of Police of the City of Denton Police Department and the Chief of Police of The University of North Texas Police Department; D. "Chief Admihistrative Officer" means the Mayor of the City of Denton and the President of The University of North Texas; E. "Assignee" means a peace officer commissioned by one of the members; F. "Agreement" means this written Mutual Aid Law Enforcement Agreement between the Members. II. The Members agree to form and by this agreement do form a mutual aid law enforcement group ("the Group") whose jurisdiction shall be throughout the territorial boundaries of the Members. The purpose of the Group is to cooperate in the investigation of criminal activity and enforcement of the laws of this state and the ordinances of the City of Denton and to assist in providing additional law enforcement officers to protect health, life and property against riot, unlawful assembly characterized by the use of force or violence, and during times of natural disaster or man-made calamity. Subject to the Members' discretion as to participation and determination of availability of personnel, a Member may assign its law enforcement personnel to the Group to perform law enforcement duties outside the Member's normal territorial limits provided the Chief Law Enforcement Officer, or his/her designee, has determined the assignment is necessary: A. for investigation of criminal activity and for law enforcement; or to protect the health, life and property of any other Member, its inhabitants, and the visitors thereto, by reason of riot unlawful assembly characterized by the use of force or violence, or threat thereof, or during time of natural disaster or man-made calamity. The Chief Law Enforcement Officer of a Member, or his/her designee, in his/her sole discretion, at any time, may withdraw his/her Assignee and discontinue participation in any activity initiated pursuant to this agreement. VI* While any Assignee is in the service of the Group, he/she shall be a peace officer with all the same powers he/she might have when within the normal territorial limits of the Member where he/she is regularly employed. Additionally, such Assignee shall have the same investigative authority as if he/she were investigating criminal activity within the normal territorial limits of the Member where he/she is regularly employed. In those situations whereby a Member requests assistance with supervison and/or security at planned special events and activities, i.e. university football games, Fry Street Fair, university Homecoming Parade, etc., the Chief Law Enforcement Officer or his/her designee, of a Member is hereby granted the authority to determine and negotiate the amount, if any, of compensation due the Member or its Assignee(s) with the Chief Law Enforcement Officer, or his/her designee, of the Member requesting special events assistance. Each Assignee, while in the service of the Group, shall be under the command of the Chief Law Enforcement Officer of the Member where he/she is regularly employed. IX. The Chief Law Enforcement Officer of each Member may enter into memorandums of understanding, not inconsistent with the Agreement, that he/she deems necessary with the Chief Law Enforcement Officer of other Members to give full force and effect to the Agreement. Such memorandums specifically include the delegation of authority to determine the exercise of primary and secondary jurisdiction and response to calls for service within the geographical boundaries of the Member's concurrent jurisdictions. Any Assignee shall receive the same wage, salary, pension, and any and all other compensation and other rights for service with the Group, including injury or death benefits, and workers compensation benefits, equipment, clothing, and vehicles, as though the service has been rendered within the normal territorial limits of the Member where he/she is regularly employed. Moreover, all wage and disability payments, including workers compensation benefits, pension payments damage to equipment and clothing, medical expenses and expenses for travel, food and lodging shall be paid by the Member which regularly employs said Assignee in the same manner as though the service had been rendered within the territorial limits of the Member where he/she is regularly employed. In the event that any person performing law enforcement services pursuant to this agreement should be cited as a party to.any civil lawsuit, state or federals arising out of the performance of those services, be/sbe shall be entitled to the same benefits that he/she would be entitled to receive if such civil actions had arisen out of the performance of his/her duties where he/she is regularly employed, and in the territorial limits of the Member by which he/she is regularly employed. XI. Third party claims against Members shall be governed by the Texas Tort Claims Act or other appropriate statutes, ordinances or laws of the State of Texas. XII. It is expressly understood and agreed that, in execution of this agreement, no Member waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it aga'mst claims arising in the exercise of govemmentai powers and functions. XIII. The validity of this agreement and of any of its terms or provisions, as well as the fights and duties of the Members hereunder, shall be governed by the laws of the State of Texas. XIV. In the case that any one or more oftbe provisions conta'med in this agreement shall for any reason be held to be invalid, illegal, or unenfomeable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision contained herein, and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. XV. This instrument contains all the commitments and agreements of the Members, and any oral or written commitments not contained herein shall have no force or effect to alter any term or condition of this agreement. XVI. This agreement shall be executed by the Mayor of the City of Denton and by the President of The University of North Texas. XVII. This agreement shall become effective between the Members on September 1, 2002. This agreement shall remain in full force and effect for a period of one year from the effective date hereof and shall automatically be renewed for an additional one year period on each anniversary date. However, at any time, any Member may discontinue participation in this agreement by giving thirty (30) days written notice by certified mail to the Chief Law Enforcement Officer of each Member. XVIII. This agreement may be amended or modified in writing by mutual agreement of the Members, with said amendment or modification being attached to or incorporated into this agreement. Chief of Police University of North Texas Police Dept. Chief of Police City of Denton Police Department Signed this- / 7 ¢ day of L~a. Zg~"f~,/~- ,2002. The City of Denton, Texas Euline Brock Mayor City of Denton, Texas Attest: Approved as to form: Signed this /f/~/~ day of ,2002 The University of North Texas Norvdl Pohl President Approved as to form: Office~ounsel