THE STATE OF TEXAS §
COUNTY OF FORT BEND §
INTERLOCAL AGREEMENT FOR ADDITIONAL LAW ENFORCEMENT SERVICES BETWEEN FORT BEND COUNTY AND COUNTY ASSISTANCE DISTRICTS NO. 1, 7, 9, 10 and 11
This Agreement, made and entered into by and between Fort Bend County, Texas, a body corporate and politic acting herein by and through its Commissioners Court (“County”), and County Assistance Districts No. 1, 7, 9, 10 and 11 (hereinafter individually referred to as “DISTRICT,” and collectively referred to as “DISTRICTS”).
WHEREAS, the County and the DISTRICTS desire to further promote public safety and to protect the public interest by having the County provide additional law enforcement services to certain Areas in Fort Bend County, Texas, generally referred to as CAD 1, CAD 7, CAD 9, CAD 10 and CAD 11, as authorized by Chapter 791, Texas Government Code and Section 387.003, Texas Local Government Code.
WHEREAS, the County and the DISTRICTS acknowledge that County shall collect 100 percent of the cost for supplying the law enforcement services, less the amount prorated (i.e. 5%) for time divided between service to each District and service to County;
WHEREAS, the County and the DISTRICTS agree that payment for law enforcement services shall be a total 95% of all of the costs and additional expenses (i.e. which is 19.00% per CAD) that the County will incur for providing such additional law enforcement services for the contract period and that the 5% not assessed to DISTRICTS is the amount prorated for time divided between service to the DISTRICTS and service to County;
WHEREAS, the Fort Bend County Law Enforcement Official (“Law Enforcement Official”) has law enforcement authority in the DISTRICT’s geographical area; and,
WHEREAS, the County and the Law Enforcement Official desire to provide said additional law enforcement services.
NOW THEREFORE, in consideration of the mutual promises and representations herein contained, the parties hereby agree as follows:
ARTICLE I. DEFINITIONS
For the purpose of this Agreement, the following terms shall mean:
1. Area(s). That Areas herein generally refer to CAD 1, CAD 7, CAD 9, CAD 10 and CAD11. In no event shall the defined Areas exceed the geographical area represented by each DISTRICT or the jurisdictional boundaries of the County.
2. Contract Deputy(ies). Means the additional Deputy(ies) (whether one or more) provided by the County to the DISTRICT to provide the additional law enforcement services contemplated and provided for in this Agreement.
I:\AGREEMENTS\2021 Agreements\Contract Deputy\Pct 3-Constable\revised CAD No. 1,7, 9, 10 and 11 FY2021.docx
3. Equipment. Includes but is not limited to: vehicles, uniforms, cellular phones, radios and all other materials and items necessary to carry out the terms of this Agreement.
4. Working Time. Means the usual or normal hours (including overtime) that a Contract Deputy(ies) is required by the Law Enforcement Official to work in any calendar month. In addition, working time includes ninety five percent (95%) of the time the Contract Deputy(ies) is on vacation leave, is on sick leave and receives workers’ compensation benefits.
ARTICLE II. PURPOSE
The purpose of this Agreement is for the County to authorize (but not require) the Law Enforcement Official to provide additional law enforcement personnel to the designated Area under the terms and conditions herein contained. By signing this Agreement, the Law Enforcement Official agrees to provide the services referred to in Article IV under the terms and conditions herein contained.
ARTICLE III. TERM
The term of this Agreement shall be effective at 12:01 a.m. January 1, 2021 (or, if later, on the date signed by County) and expire on December 31, 2021 at 11:59 p.m., unless sooner terminated pursuant to the terms herein contained.
A. It is expressly understood and agreed to by the parties that the period or term of this Agreement may be terminated without cause at any time by either party giving to the other party at least thirty (30) days advance written notice of its intent to terminate, specifying in the notice the effective date of the termination. Such notice shall be given by certified mail, return receipt requested, and shall be effective when mailed to the address stated herein.
B. It is expressly understood and agreed to by the Parties that if this Agreement expires before a new Agreement is executed services will continue, on a month to month basis, per the same terms of this Agreement but subject to retroactive adjustment for any subsequent Agreement.
C. It is expressly understood and agreed to by the parties that, notwithstanding the ability of either party to terminate this Agreement upon thirty (30) days written notice, this Agreement may be terminated by the County, with or without notice to the DISTRICT, at any time after the DISTRICT has defaulted in the payment of any obligation hereunder.
D. It is expressly understood and agreed to by the parties that if a DISTRICT shall at any time be in default of any obligation hereunder, the DISTRICT shall be liable to the County for any and all expenses incurred by the County as a result of such default, including, but not limited to, attorney’s fees, costs of court and interest at the rate of one percent (1%) simple interest per month, on all past due amounts. Notwithstanding the foregoing, in the event of non-payment by a CAD, which is a party to this Agreement, County reserves the right to recover any outstanding costs and expenses from any and all CADs a party to this Agreement regardless of their individual share of the liability, provided such collection will not result in double recovery by County.
E. The amount of expenses incurred and interest accrued, if any, shall be deemed to be in addition to any money due for law enforcement services rendered hereunder. If the term of this Agreement
is terminated at any time other than at the end of a contract month, the monthly installment payment for such month shall be prorated.
ARTICLE IV. CONTRACT DEPUTY(IES)
A. The County, by and through the Law Enforcement Official’s Office, agrees to provide the DISTRICTS with the number of Contract Deputy(ies) shown on Exhibit “A,” to the Area who will devote at least 95% of working time related to the DISTRICT’s geographical area.
B. The Contract Deputy(ies) shall perform his/her duties under this Agreement in full compliance with the appropriate Fort Bend County policies and the policies and procedures of the Law Enforcement Official’s Office.
C. The Law Enforcement Official, or his representative, shall use reasonable effort to notify the DISTRICT at least ten (10) days in advance of the vacation time to be taken by a Contract Deputy(ies).
D. The Law Enforcement Official, or his representative, shall use reasonable effort to notify the DISTRICT as soon as possible when a Contract Deputy(ies) is on sick leave.
E. The Contract Deputy(ies) shall perform law enforcement services in the DISTRICT’s geographical location which may include, but are not limited to: patrolling, preparing reports, appearing in court, arresting persons and transporting suspects.
F. Scheduling and delivery of contract services provided herein shall be managed between the Law Enforcement Official and the DISTRICT.
G. The Contract Deputy(ies) shall submit written copies of any felony offense reports and subsequent copies of investigative reports to the Fort Bend County Sheriff’s Office.
H. In the event the Area is within the incorporated limits of a municipality, the Contract Deputy(ies) shall also submit written copies of any felony offense reports and subsequent copies of investigative reports to the municipal police department that serves the Area.
AUTHORITY AND COUNTY’S PEROGATIVE TO APPOINT CONTRACT DEPUTY(IES)
A. It is expressly understood and agreed to by the parties that the Contract Deputy(ies), if any, shall be subject to the control and supervision of the Law Enforcement Official to the same extent as the Law Enforcement Official’s other deputies, and that the Contract Deputy(ies), if any, shall have no duty or obligation to the DISTRICT or the residents of the Area other than those duties and obligations that the Law Enforcement Official’s deputies have to the public generally.
B. The Law Enforcement Official hereby expressly retains full and complete authority to supervise the Contract Deputy(ies) and, in an emergency determined solely at the Law Enforcement Official’s discretion, may assign any Contract Deputy(ies) to duties other than those to be performed pursuant to this Agreement.
C. It is expressly understood and agreed to by the parties that this Agreement is not intended (nor shall it be construed) to obligate the County and/or the Law Enforcement Official in any manner, whatsoever, to assign the Contract Deputy(ies) to devote any portion of his/her Working Time to the Area.
D. It is expressly understood and agreed to by the parties that:
1. In the event the Law Enforcement Official does not assign the Contract Deputy(ies) to devote at least 95% of his/her Working Time to the Area;
2. In the event the Contract Deputy(ies) is removed from the Area by the Law Enforcement Official; and/or
3. If for some other reason the Contract Deputy(ies) does not devote at least 95% of his/her Working Time to the Area for the term of this Agreement; then and in that event, Fort Bend County shall have no liability whatsoever to the DISTRICT and/or the residents of the Area, other than to credit the DISTRICT an appropriate refund, if any be due, as provided for herein.
ARTICLE VI. COUNTY EMPLOYEES
A. The Contract Deputy(ies) performing duties under this Agreement shall at all times remain a county employee subject to the same rights and responsibilities as the Law Enforcement Official’s other deputies.
B. The County agrees that the Contract Deputy(ies) shall perform the services described herein in accordance with the appropriate Fort Bend County policies and the policies and procedures of the Law Enforcement Official’s Office; provided, however, that, while Fort Bend County shall be responsible for the acts and omissions of its employees, such responsibility shall be subject to the terms, provisions and limitations of the Constitution and of the laws of the State of Texas and, particularly, TEX. CIV. PRAC. & REM. §101.001, et. seq., the Texas Tort Claims Act. THERE ARE NO WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THIS AGREEMENT OR ANY SERVICES PROVIDED BY COUNTY OR THE LAW ENFORCEMENT OFFICIAL TO THE DISTRICT, AND COUNTY AND THE LAW ENFORCEMENT OFFICIAL EXPRESSLY DISCLAIM ANY SUCH WARRANTIES AND CONDITIONS.
C. The Law Enforcement Official retains sole and independent authority regarding the hiring, supervision, discipline, and termination of the Contract Deputy(ies).
ARTICLE VII. INCREASES
A. The DISTRICTS agree to pay 95% (i.e. each CAD shall pay 19.00%) of any and all increases in the Contract Deputy(ies)'s salary, allowances, benefits, etc. that may occur during the term of this Agreement, including, but not limited to:
1. Social Security;
4. Workers Compensation/unemployment;
5. Health and Life Insurance;
6. Certification pay;
7. Any overtime incurred at the request of the DISTRICT;
8. Any overtime incurred because of circumstances related to the Area;
9. Death and Dismemberment Insurance; and/or
10. Cost of Living Adjustments.
B. Salary. Upon notice by the County to the DISTRICT of any such increases and/or additional expenses (whether included on Exhibit “A” or not), each DISTRICT shall pay their share of said increased salary, allowances, benefits, additional expenses etc., in accordance with the provisions contained herein.
ARTICLE VIII. PAYMENT BY DISTRICT
A. All payments shall be made via funds transfer by the Fort Bend County Treasurer from the DISTRICT’s account to the County funds upon invoice submission.
B. Each DISTRICT agrees to pay Fort Bend County in accordance with Contract Deputy(ies) Cost Worksheet for all presently known expenses beginning the effective date of this contract. See attached Exhibit “A.” All parties acknowledge and agree that the expenses shown therein are an estimated amount, used by Fort Bend County to assess 95% (ninety-five percent) of the cost to the County for supplying the additional law enforcement services (“Contract Amount”), which will be equally shared by all of the DISTRICTS (i.e. each CAD shall pay 19.00%).
C. The DISTRICTS hereby expressly agree to pay for 95% (i.e. each CAD shall pay 19.00%) of all costs incurred by the County for providing the services hereunder, regardless of whether said expenses are set forth in Exhibit A, including but not limited to, Contract Deputy(ies) overtime, uniforms, equipment, portable cellular phones, vehicles, vehicle maintenance and/or vehicle appearance. Said Cost to be 95% of the allocated costs as determined by the County Auditor.
D. Additional equipment not calculated in Exhibit “A”, but determined by the Law Enforcement Official to be necessary to carry out the terms of this Agreement, shall be obtained by:
1. Purchase of the equipment by County with County funds which shall be reimbursed by DISTRICT in accordance with Article VIII of this Agreement;
2. Purchase of the equipment by DISTRICT who shall donate it to the County provided that the equipment meets the County’s standards and is approved by the Law Enforcement Official before being used by the Contract Deputy(ies); or
3. Purchase by County with advance funds provided by DISTRICT.
E. The manner in which additional equipment will be purchased is solely within County’s discretion.
F. In the event that a single additional equipment purchase will exceed $500.00, DISTRICT will be notified of the need for the equipment and allowed 96 hours to object to the purchase.
1. During the objection period, contract services will be provided, as long as the Law Enforcement Official determines that service is feasible.
2. If DISTRICT objects to the purchase, County shall have the option to terminate this agreement without notice.
3. DISTRICT will not be credited for services not performed due to equipment issues.
G. Any equipment purchased pursuant to this Agreement shall forever become and remains the sole property of the County, regardless of County’s election in Article VIII (D) of this Agreement and shall remain property of the County, even upon termination of this Agreement for any reason.
H. Actual cost of contract will be reviewed at least semiannually and no more than quarterly, at the discretion of the Fort Bend County Auditor. Proper notification of any changes will be sent no later than sixty (60) days following the end of the period being reported.
I. Payment by each DISTRICT shall be due and payable, without demand, no later than the first day of the month in which the service is provided. Payment shall be made in equal monthly installments subject to any adjustments as provided herein.
J. It is expressly understood and agreed to by the parties that if a payment due under the terms of this Agreement is not received by County within thirty (30) days of the due date, the County is authorized to terminate this Agreement without further notice. Failure of County to make demand for payments due shall not be a waiver of the DISTRICT’s obligations to make timely payments.
K. If any installment is for a fraction of a contract month, the amount of such installment shall be appropriately prorated.
This Agreement is not assignable.
ARTICLE IX. ASSIGNMENTS
INDEMNITY AND HOLD HARMLESS
A. TO THE EXTENT ALLOWED BY LAW, THE DISTRICT AGREES TO AND SHALL INDEMNIFY, SAVE AND HOLD HARMLESS AND DEFEND THE COUNTY, ITS OFFICIALS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES (WHETHER 1ST PARTY OR 3RD PARTY) AND RELATED COSTS, FOR PERSONAL INJURY DEATH OR PROPERTY DAMAGE, DESTRUCTION OR LOSS ARISING OUT OF OR CONNECTED IN ANY WAY WITH THE PERFORMANCE OF THE DISTRICT’S RESPONSIBILITIES UNDER THIS AGREEMENT, WHERE SUCH PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, DESTRUCTION OR LOSS IS CAUSED BY THE DISTRICT’S SOLE NEGLIGENCE OR ITS SOLE INTENTIONAL ACT OR OMISSION OR WHERE SUCH PERSONAL INJURY , DEATH, OR PROPERTY DAMAGE, DESTRUCTION, OR LOSS IS CAUSED BY THE JOINT NEGLIGENCE OF THE DISTRICT AND ANY OTHER PERSON, OR ENTITY OR THE JOINT INTENTIONAL ACT OR OMISSION OF THE DISTRICT AND OTHER PERSON OR ENTITY.
B. District shall carry Commercial General Liability insurance at minimum combined single limits of $1,000,000 per-occurrence and $2,000,000 general aggregate for bodily injury and property damage, which coverage shall include independent contractors, and contractual liability each at
$1,000,000 per occurrence. Coverages shall be written on per occurrence forms. Policy shall name the County, its elected and appointed officials, agents, and employees as additional insureds. District shall furnish County with insurance certificates(s) and a copy of the policy that
is in effect as of the effective date of this Agreement for verification and approval by the County Risk Management Department. District shall provide County subsequent insurance certificates throughout the term of the Agreement upon request.
ARTICLE XI. SEVERABILITY
The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof, to any person or circumstance, shall ever be held by any court or regulatory authority of competent jurisdiction, to be invalid, illegal or unconstitutional for any reason, the remainder of this Agreement shall not be affected thereby, unless, in the sole opinion of the County, the purposes of this Agreement have been rendered useless.
ENTIRE AGREEMENT; REQUIREMENT OF A WRITING
A. It is understood and agreed to by the parties that the entire Agreement of the parties is contained herein and in the attached Exhibit “A” and that this Agreement supersedes all prior communications and negotiations among the parties, oral or written, relating to the subject matter hereof as well as any previous Agreements presently in effect between the parties relating to the subject matter hereof.
B. Any modifications, alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties.
ARTICLE XIII. NOTICE
A. Any notice required or permitted under this Agreement shall be sent, postage prepaid, certified or registered mail, or delivered in person or by facsimile, with verification, as follows:
To the COUNTY: Fort Bend County
Attn: County Judge
000 Xxxxxxx Xxxxxx, 0xx Xxxxx Xxxxxxxx, Xxxxx 00000
To the DISTRICT: CAD NO.
If any notification changes:
B. Any Party may designate a different address by giving at least ten (10) days written notice to the other party in the manner provided above.
XX Xxxxxx / County Judge 1-12/2021
XX Xxxxxx / County Judge 1-12/2021
XX Xxxxxx / County Judge XX Xxxxxx / County Judge
XX Xxxxxx / County Judge 1-12/2021