Text of Indian Trail's draft contract

Feb. 15, 2013 @ 07:16 AM

This is a draft of a new proposed Law Enforcement Agreement between Union County and the Town of Indian Trail. The Town wishes to continues this long standing relationship, and this Agreement emphasized the need for a good partnership to grow and mature in the future.
Currently, the Town has 21 UCSO Deputy Sheriff's (sic) that work within the Town. Here is a list of the most important proposed modifications within this Agreement;
• A significant portion of this Agreement is taking existing protocols, practices, guidelines, and putting them into writing.
• The Town Council would have a voice in which Town ordinances are enforced by the contracted Deputy Sheriff's (sic).
• The Town would receive certain data and reporting in a standardized time and format.
• Since the Town reimburses the County for purchased equipment, the Town is requesting that the vehicles and any fixtures be returned to the Town only at conclusion of the Agreement.
• The Agreement reduces overall costs for the Town by not paying for equipment which has already been amortized of paid in full.
• The Agreement clarifies that the Town will not pay for vacant UCSO positions.


THIS AGREEMENT is entered into this ____ day of _______, 2013, by and between UNION COUNTY, a political subdivision of the State of North Carolina (herein referred to as "COUNTY") and the TOWN OF INDIAN TRAIL, a municipal corporation of the State of North Carolina (herein referred to a "TOWN") to provide enhanced law enforcement services within the town limits of the Town of Indian Trail.
W I T N E S S E T H:
WHEREAS, the TOWN desires to maintain a high level of professional law enforcement services in conjunction and harmony with its sound fiscal policies and economical and efficient management; and
WHEREAS, the COUNTY has agreed to provide the TOWN a high level of professional law enforcement services and the TOWN desires to contract for such services upon the terms and conditions hereinafter set forth; and
WHEREAS, the TOWN desires to obtain its law enforcement services through a contractual relationship with the COUNTY, and
WHEREAS, the TOWN, after evaluation of options for the provision to its residents of the municipal law enforcement services enumerated herein, has made a legislative determination that the interest of its residents will be best served by contracting with the COUNTY; and
WHEREAS, the COUNTY is authorized to enter into agreements with other governmental agencies within or outside the boundaries of the county for the joint performance, or performance by one unit on behalf of the other, of any of either agency's authorized functions;
NOW, THEREFORE, in consideration of the sums hereinafter set forth and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, IT IS HEREBY AGREED AS FOLLOWS:
For the purposes of the Agreement, the following term(s) shall have the meanings hereinafter set forth:
Equipment: Equipment is defined as any capital equipment:
A. That is normally standard, and/or any fixture in a law enforcement patrol vehicle and the actual law enforcement vehicle; including, but not limited to, Computer and Docking Station, LED/Strobe Light Bar with TKDN Aly and Flash, Stinger Flashlight AD, Mag Charger DC, Whelen Compact Speaker Pro Copper Console, Pro Copper Console Armrest, Master Com Siren, Setina Security Screen, radar, CDM 1250 UHF Mobile Radios (maybe 800 mHz), vehicle, MDT, and DIC; or
B. Any radio or dispatch hardware or software purchased by the Town for the purposed notes in Section 3.1(G)(5).

The purpose of the Agreement is for the COUNTY to provide to the TOWN and its residents law enforcement services through the Union County Sheriff's Office (UCSO).

The COUNTY will provide law enforcement services as described in the categories below within the incorporated area of the TOWN twenty-four (24) hours per day, rendering such services at the level described in Exhibit "A" attached hereto and incorporated by reference.

3.1 Law Enforcement Patrol Services.
A. The COUNTY shall provide to the TOWN, for the term hereinafter set forth, professional law enforcement services within and throughout the TOWN to the extent and in the manner herein described.
B. Law enforcement services shall encompass all those duties and functions of the type coming within the jurisdiction of, and customarily provided by municipal law enforcement agencies.
C. While contracted to provide law enforcement services, deputy sheriffs are authorized to enforce Union County ORdinances and general statues of the State of North Carolina that are applicable within the incorporated areas of the TOWN. Deputy Sheriffs are authorized to enforce TOWN Ordinances, and will provide enforcement of TOWN adopted municipal, criminal, and traffic codes as requested by Town Council. These ordinances are generally those that we (sic) are normally enforced by municipal Law Enforcement Agencies.
D. The COUNTY shall additionally provide to the TOWN when necessary, at no additional cost to the TOWN, the following expertise, services and facilities:
a. Traffic Patrol to Enforce Applicable Traffic Codes/Traffic Accident Investigations/Traffic Homicide Investigations;
b. Crime Scene Services (Crime Scene Investigators/Investigations, Forensics Investigations and Collection of Evidence);
c. Special Investigations to include: Organized Crime Investigations, Homeland Security, Intelligence Gathering Activities, Criminal Street Gang Investigation and Suppression, and Drug Enforcement,:
d. Prisoner and Jail Services;
e. Records Retention;
f. Property and Evidence Processing;
g. Sheriff Service Officers;
h. Patrol and Detections Canine Support;
i. Emergency Operations and the Emergency Response Team (ERT) and Mobile Command Station;
j. Crime Prevention;
k. Citizens Assisted Patrol (Volunteers);
l. Criminal Investigations (General Crimes, Property Crimes, Major Crime, and Special Victims);
m. Administrative Investigations (Internal Affairs);
n. Emergency and Unusual Occurrences (i.e. hurricanes, tornadoes, etc.);
p. Educational Programs to Town Schools;
q. Animal Services and Animal Shelter;
r. Any other such units for services as the COUNTY may normally provide or make available to all towns within the COUNTY.

E. The COUNTY shall provide the TOWN, upon reasonable and timely request of the TOWN, such supplemental law enforcement services of a deputy sheriff(s), beyond those services described herein, as may be needed from time-to-time, that cannot be accommodated through flexible scheduling of on-duty sheriff's deputies. Compensation shall be in the amount of $25.00 per hour.

F. The deputy sheriffs assigned to the TOWN shall patrol and answer calls within the municipal limits of the TOWN. Handling of calls outside of the town shall be determined by a mutual agreement between the COUNTY and TOWN as written and agreed upon by no later than July 1, 2013.

G. Vehicles, Equipment & Communications
1. The COUNTY shall have all Town of Indian Trail patrol units marked. Each marked patrol unit shall prominently display on the vehicle's exterior the Union County Sheriff's Office branding and branding of the TOWN. The exterior display shall equally display both jurisdictions, and be mutually agreed upon by the COUNTY and the TOWN.
2. The COUNTY shall maintain a detailed list of all equipment purchased for deputy sheriffs, and provide the list to the Town on a semi-annual basis. The Town may audit the list and equipment at any time upon reasonable notice.
3. The COUNTY agrees not to include in the Union County Finance Office's calculation of the Contract Deputy Cost any amounts for fully amortized equipment.
4. Equipment purchased by the COUNTY with funds provided by the TOWN shall be maintained in a manner consistent with the customary maintenance for like equipment provided by the COUNTY in policing other towns or unincorporated Union County.
5. The COUNTY shall establish the TOWN as its own law enforcement agency for crime reporting and communications purposes. The TOWN shall have its own comprehensive law enforcement communication channels for dispatch and 911 services. Written approval is required by the Town prior to any purchase of hardware of software needed. The Town will reimburse the County for initial hardware or software and installation cost which have been approved by the Town.

3.2 Command/Liason.
The COUNTY shall designate a COUNTY officer of the rank of lieutenant to act in the capacity of Command/Liason to the TOWN. The COUNTY shall also provide a designated COUNTY officer of the rank of sergeant who will act as an additional liaison to the TOWN and as the assistant to the Command/Liason. The Command/Liasion will handle day-to-day operations. Selection of the Command/Liasion to be assigned to the TOWN will be done by the COUNTY/Sheriff with input from the TOWN.

The duties of the Command/Liasion shall include:
A. Work with the TOWN to establish goals and objectives for TOWN law enforcement services which reflect the specific needs within the TOWN. Before March 1st of each year there shall be a joint recommendation from the Command/Liaison and TOWN'S Budget Officer for improvements and any level of service modifications to the TOWN Council. Before April 1st of each year the Command/Liaison shall submit a copy of the Union County Finance Office's calculations of the Contract Deputy Cost for the upcoming budget year along with the annual budget request to the Town Budget and Finance officers.
B.Coordinate changes in deputy sheriff's activities within the TOWN, including hours of operation and TOWN specific protocols and procedures.
C.Oversee the implementation within the TOWN of all UCSO policies and procedures. Notify the TOWN of any COUNTY procedures or changes which either supplement or possible detract from the TOWN's goals and objectives for law enforcement services.
D. The COUNTY Command Liaison or designee shall be responsible for attending all TOWN Council Meetings. The COUNTY Command Liaison shall attend community meetings and meetings with the TOWN staff which involve advice or consent on law enforcement issues, and other meetings so requested by the Town
E. The TOWN and the COUNTY recognize that professional law enforcement services require flexibility in order to meet society's challenge to combat crime and other social conditions. Therefore, the COUNTY Command Liaison shall have the discretion to determine staff allocation, and assignments in alignment with ongoing law enforcement activity analysis.

3.3 Reporting.
A. The COUNTY Command/Liaison or designee will notify the TOWN Manager within 1 hour of any major/significant crimes or incidents, unusual occurrences, or emergencies that occur within the TOWN.
B. The COUNTY Command Liaison shall provide a weekly report(s) to the TOWN Manager consisting of service activity, segregated by type and geographic locations where applicable, any routine media releases, weekly schedule of deputies on duty and any other information helpful to understanding the law enforcement activities within the community. The weekly report shall contain all primary and secondary responses from contracted deputies to other jurisdictions.
C. An analysis of law enforcement-related trends and indicators shall be prepared and presented to the TOWN manager on a monthly basis by the COUNTY. A formalized crime report and other crime data as contained in the COUNTY's crime analysis system shall be prepared and presented to the TOWN on a semi-annial basis by the COUNTY.
D. MEDIA RELEASES - Any such release of information to the media that is deemed to be sensitive or likely to cause concern or alarm shall be provided to the TOWN Manager or his designee before it is released.
E. Information concerning performance under this Agreement shall not be released to the media by either party without first discussing the issues involved with the parties listed in Section 10.

3.4 Officer Assignment, Retention, Discipline, and Hiring.
The County shall hire, assign, retain, and discipline all employees according to county policies, state and federal law.
The COUNTY is acting hereunder as an independent contractor so that:
A. Standards of Performance Governed by the COUNTY. Control of personnel, standards of performance, discipline and all other aspects of performance shell be governed by the COUNTY. Provided however that only qualified, trained personnel meeting all the requirements of applicable State laws or regulation shall be utilized in the performance of services under this Agreement.
B. TOWN Input on Personnel Matters. The TOWN shall retain the right to meet and confer with the Sheriff with respect to those personnel who are assigned to work within the TOWN.

3.5 Reporting and Replacement of Assigned Personnel
No later than 15 days prior to each quarterly bill, a report will be submitted to the TOWN stating the number of deputy sheriffs on leave for any reason during the preceding three months. This report should also reflect if the position(s) was filled following the guidelines below or the amount of the credit due to the TOWN as a result of the unfilled position. This amount should then be reflected on the upcoming quarterly bill as a credit.
Sick Leave, Training Leave, Planned Leave - If a deputy sheriff assigned to the Town pursuant to this Agreement is absent from duty due to any of the reasons noted in the category for longer than three consecutive work days then on the fourth day the County will provide a replacement. If no replacement is available, the TOWN will be due a credit on the bill for the upcoming quarter beginning as of the fourth day of leave.
Disciplinary and Administrative Leave - If a deputy sheriff assigned to the town is absent from duty due to disciplinary or administrative action for a period in excess of three consecutive work days then on the fourth work day, the County will provide a replacement. If no replacement is available, the TOWN will be die a credit on the bill for the upcoming quarter beginning as of the fourth day of leave.
Vacant Positions - For any newly created positions of if a deputy sheriff leaves a position, the County will provide a replacement or fill the positions as soon as reasonable practical, the TOWN will be due a credit on the bill for the upcoming quarter for the entire period the position is vacant.

A. The TOWN agrees to maintain and keep in good repair, or cause to be maintained or repaired, to include necessary building/ground maintenance, those facilities designated as the Station. The COUNTY shall maintain the Station in a clean condition, free from debris, with normal use expected. In the event the COUNTY, its employees, or appointees destroy, deface, damage, impair, or remove any part of the Station, the COUNTY will be responsible, to the extent permitted by law, for repairing or replacing such property. Any interior/exterior construction must be approved by TOWN.
B. The use and occupancy by the OCUNTY of the Station shall include the use in common with others entitled thereto of the automobile parking areas, driveways, pathways, entranceways, means of ingress and egress, loading and unloading facilities, and other facilities as my be designated from time to time by the TOWN.

A. The TOWN agrees to pay the COUNTY ninety percent (90%) of the cost of providing all services covered by the Agreement. Cost as used herein shall not include items of expense attributable to services or facilities normally provided or available to all towns within the County as part of the COUNTY'S obligation to enforce applicable laws.
B. The COUNTY shall bill the TOWN on a quarterly basis in an amount equal to one-fourth (1/4) of the current year Budget Estimate for services to the TOWN. The TOWN shall pay the COUNTY within 30 days of receipt of the quarterly statement. The COUNTY will adjust each bill for any positions not replaced or filled as specified in Section 3.5.
C. The cost for the upcoming year shall be furnished by the COUNTY to the TOWN no later than April 1st of the each year (sic). The COUNTY's annual increase shall not be greater than the Bureau of Labor Statistics, Southeast Region Consumer Price Index for North Carolina, Nonfarm Wages and Salary Employment, Government, 12 Month % Change, each March.
D. The COUNTY shall be solely responsible for compensating the deputy sheriffs assigned under this Agreement, and shall be exclusively responsible for the provision of those benefits to the deputy sheriffs that accrue from the policies and regulations of the Union County Board of Commissioners.

The TOWN may, upon reasonable notice to the COUNTY, examine the existing COUNTY records relating to the services provided pursuant to the terms of this Agreement. Said records shall be maintained by the COUNTY in accordance with all applicable laws and regulations.

Nothing in the performance of this Agreement shall impose any liability for claims against the County or Town other than claims for which liability may be imposed by applicable law. Each party to this Agreement will be responsible for its ow actions in providing service under this Agreement and shall not be liable for an civil liability that may arise from the furnishing of the services by the other party.

The COUNTY, for the purposed of the Agreement, is and shall remain an independent contractor; provided, however, such independent contractor status shall not diminish the power and authority vested in the COUNTY and each deputy.

This Agreement shall commence at 12:00 a.m. on July 1, 2013, and terminate at 12:00 a.m. on June 30, 2018, all dates inclusive, unless the Agreement is otherwise extended or terminated in accordance with the terms thereof.
B. The terms and conditions of this Agreement are contingent upon the approval by the respective governing bodies of the COUNTY and the TOWN.

The TOWN or the COUNTY may terminate this Agreement without cause upon the earlier of the contract termination date or a one hundred and eighty (180) day written notice to the other party to this Agreement. The COUNTY and TOWN agree there will be no lapse in law enforcement services. This written notice must be hand delivered and/or sent by Certified Mail, Return Receipt Requested, to the Indian Trail Town Manager and the Indian Trail Town Attorney or the Union County Sheriff and the Union County Manager, whichever is appropriate.

11.1 In the event of the termination or expiration of the Agreement, the COUNTY and the TOWN shall cooperate in good faith in order to effectuate a smooth and harmonious transition from the SHERIFF's Office to another law enforcement agency, and to maintain during of the (sic) entire transition period the same level of law enforcement services otherwise afforded to the residents of the TOWN pursuant to the terms hereof.
11.2 Upon the termination or expiration of this Agreement, the TOWN shall receive from the COUNTY any and all equipment purchased by the TOWN pursuant to this Agreement according to the list created by the COUNTY.

The COUNTY shall not assign any of the obligations or benefits imposed hereby or contained herein, without the written consent of the TOWN, which consent must be evidence by a duly passed resolution.

In no event shall any of the terms of this Agreement confer upon any third person, corporation, or entity other than the parties hereto any right or cause of action for damages claimed against any of the parties to this Agreement arising from the performance of the obligation and responsibilities of the parties herein or for any other reason.

The parties acknowledge, one to the other, that the terms hereof constitute the entire understanding and agreement of the parties with respect hereof. No modification hereof shall be effective unless in writing, executed with the same formalities as this Agreement is executed.

This Agreement, its execution, interpretation and performance, shall be governed by and construed in accordance with the laws of the State of North Carolina. Any controversy or claim arising out of or in any way related to this Agreement or the relationship established by it, or the alleged breach thereof, whether at common law, in contract, in tort, or under statute, shall be governed by the laws of the State of North Carolina. Legal proceedings involving any such controversy or claim may be instituted only in the General Courts of Justice in Union County, North Carolina.