Adopted interlocal agreement for sheriff’s coverage in town
Published 8:52 am Tuesday, May 11, 2021
State of North Carolina Interlocal Agreement
County of Davie
This Interlocal Agreement entered into on this the 10th day of May 2021 pursuant to N.C.
Gen. Stat. § 160A-461 by and between the Town of Mocksville, a North Carolina municipal
corporation, hereinafter referred to as the “Town” and the Davie County Sheriff’s Office,
hereinafter referred to as “DCSO” as follows:
WHEREAS, the Town has a desire and a need to provide law enforcement services
within its corporate boundaries in order to keep the peace, to enforce criminal laws of the State
of North Carolina, to enforce the criminal ordinances established by the County and Town and to
maintain the general peace and welfare of the Town; and
WHEREAS, the DCSO provides law enforcement services within the Town limits; and
WHEREAS, the Town Board of Commissioners desire to contract with the DCSO to
provide supplemental law enforcement services to the Town; and
WHEREAS, the DCSO is willing and agreeable to provide all of the law enforcement
services it now provides and may provide in the future to the Town, including employing,
training, assigning and supervising additional and supplemental law enforcement officers to the
Town pursuant to the Agreement.
NOW THEREFORE, THE PARTIES HERETO AGREE as follows;
1. The Town agrees:
A. To pay The DCSO as provide in section 4 below.
B. To turn over all equipment and assets currently possessed by it that were used for
Law Enforcement purposes on or before July 1, 2021, the date of the implementation of
this agreement. All such equipment and assets shall become the property of Davie
County. The equipment and assets shall be listed on a tentative schedule to be provided
to the DCSO by the Town no later than May 10, 2021. The Town will provide a final
schedule with serial numbers no later than the close of business on June 18, 2021.
C. To maintain all current contracts related to the Mocksville Police Department
(MPD, including but not limited to, vehicle leases, software licenses, cloud storage and
other contracts; until leases and contracts can be assigned the DCSO. If the leases cannot
be assigned, and the goods and/or services are necessary to the DCSO to provide the
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services detailed in this Agreement, the Town will be responsible for the leases until the
Town can cancel the leases, and the DCSO will either i) obtain the goods and/or services
through another lease or contract or ii) Reimburse the Town for its’ costs to lease the
equipment used by the DCSO. The costs of any leases or contracts assigned to the DCSO
shall absorbed by the DCSO on of July 1, 2021 and those costs are all included in the
contract price. DCSO has the final determination as to the assignment of any contracts or
D. The Town will also provide a schedule of all evidence in its possession to the
DCSO prior to July 1, 2021. The DCSO may participate in an audit of the evidence.
E. Should the Town or DCSO request an amendment to this Agreement to assign a
deputy to duties not listed in section 2 below, such duties shall be listed specifically and
shall be compensated by the Town to the DCSO as agreed upon by the parties.
F. To provide a liaison to work with the DCSO and counterpart in the DCSO to
facilitate a smooth contract transition. These liaisons shall be appointed by the respective
parties and shall begin work immediately and continue until such time as both parties
agree that the transition is completed.
G. To appropriate sufficient funds each budget year to cover the cost of this contract
for the full three year term of this contract.
2. DCSO agrees:
A. To provide fully equipped and fully trained law enforcement officers for duty in
the Town, with the assignment to be made under the direction and full control of the
Sheriff of Davie County as to what days and hours of scheduling. Such deployment shall
begin on July 1, 2021.
B. Officers of the DCSO will be responsible for performing law enforcement duties
within the Town to include, but not limited to: patrolling, answering calls for service,
conducting general security checks, providing information and education to the public
within The Town, traffic enforcement and otherwise interact with and assist residents,
businesses, and visitors. The DCSO will provide Deputies to conduct routine foot patrols
in the Town’s central business district on an as needed basis. The central business district
is the area bounded by U.S. 64 on the south, Ken Dwiggins Drive on the north, Horn
Street on the east and Salisbury Street on the west. If warranted by either statistical
trends monitored by the DCSO or an increase in crime in the Town, the Sheriff will
assign additional Deputies for surveillance, investigation and law enforcement.
C. The DCSO will provide security and traffic control for the special events in the
Town listed on the schedule attached at Exhibit A. The DCSO shall provide security and
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traffic control at other events as an extra duty event following the current format used by
the DCSO for extra duty events or what is commonly referred to as a “Hustle”.
D. To provide a base number of hours that Deputies are working in the corporate
limits of the Town and provide a base response time to calls for service inside the
corporate limits of The Town. The base number of hours shall be seven thousand six
hundred sixty six and one-half (7,666.50) hours per quarter. On average 7,666.50
hours/quarter equates to three and one-half Deputies on duty around the clock. The base
response time to calls shall be 9 minutes or less for eighty per cent (80%) of calls. The
base number of hours and the response times are referred to in this agreement as the
“Metrics”. Metrics do not apply to the first two quarters under this Agreement as the first
two quarterly payments are discounted per Section 4 below.
E. To provide to The Town on a regular basis, reports and statistical information
relevant to the activities within the corporate limits of The Town.
F. To provide the necessary Law Enforcement Liability Insurance to protect the
County and the DCSO.
G. To provide a liaison to work with the Town and counterpart in the Mocksville
Police Department to facilitate a smooth contract transition under the same conditions as
set forth in paragraph 1F above.
3. The Parties Agree:
A. That the Deputies assigned to the Town pursuant to this agreement remain
employees of the Davie County Sheriff at all times during the term of this agreement.
The Sherriff is an independent contractor of the Town. The Town and Town Board of
Commissioners will have no role in hiring, firing, training or directing the DCSO and its
B. Deputies assigned to the Town under this agreement will not perform any duties
that are commonly referred to as code enforcement matters, including but not limited to
the enforcement of the Town’s Zoning Ordinance, Sign Ordinance, Public Nuisance
Ordinances or Open Burning Ordinance, or other matters that commonly fall outside the
scope of law enforcement duties, or duties that are not listed above.
C. Notwithstanding the above, the parties understand and agree that the DCSO’s
primary responsibility at all times is law enforcement and safety within all of Davie
County and that circumstance may arise wherein the Sheriff determines it necessary to
reassign officers from the Town for a given period of time in order to meet that primary
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D. In the event the DCSO must provide supplemental services to the Town before
July 1, 2021, the Town will reimburse the DCSO for its actual increased costs on a
E. In the event that the DCSO has unforeseen expenses, such as but not limited to an
increase in gasoline costs of more than $3.00 / gallon; the DCSO shall request an
amendment to this Agreement.
F. The Town shall retain all buildings, fixtures, furnishings, copiers and other large
office equipment, decorations used by the Police Department.
4. Method of Payment of Reimbursable Expenses
A. The Town shall pay the total sum of $1,350,000.00 per year (except as provided
below) for Law Enforcement Services in the corporate limits of the Town, on a quarterly
basis, beginning on July 1, 2021 term of this Agreement.
B. The parties agree that DCSO will invoice the Town on a quarterly basis for 25%
of the costs of this agreement which shall be $ 337,500 per quarter, except that the
payments invoiced on July 1, 2021 and Oct. 1, 2021 shall be for $303,750.00.
C. The parties agree that should one or both Metrics be missed during one quarter
then The Town will receive a five percent discount on the next quarterly invoice due.
D. The Parties agree that should one or both Metrics be missed for three consecutive
quarters then The Town will receive a 10% discount on the next quarterly invoice due.
E. The Town agrees to make payment of an invoice within fifteen days of receipt of
such invoice from The County.
F. In the event of breach as defined in section 7 B 2) is not cured, and the Town fails
to make payments, this Agreement shall become null and void after 60 days, with the
DCSO having no further obligations under this Agreement.
5. Term of Agreement
A. The term of this agreement is three years commencing on July 1, 2021 and ending
on June 30, 2024.
B. The agreement may be extended for additional and successive terms only upon
consent and an Agreement signed by all parties below. It is anticipated cost in future
Agreements may escalate due to inflation, or other causes.
6. Amendment to the Agreement
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The agreement may be amended or modified only by agreement of all parties upon
consent and in writing signed by all parties.
7. Termination of the Agreement
A. The Agreement may be terminated by either the Town or the DCSO upon giving
180 days’ notice of termination in writing to the other two parties to the agreement. The
County may not terminate this Agreement except for cause. The Town agrees to
reimburse the County for any and all expenses incurred under the terms and conditions of
this agreement up to the date of termination.
B. This Agreement may be terminated on sixty days’ notice in the event of breach of
this Agreement. Breach is defined in the sub-sections below. The sixty days’ notice is
comprised of two periods:
1) In the event that there is a breach, the non-breaching party shall give the other
party(ies) thirty days’ written notice.
2) If the breaching party does not cure the breach in thirty days, the adverse party
may terminate this Agreement on the sixty-first day from the date of the first
notice. The elements of breach are:
i. The Town fails to make a quarterly payment within 15 days of the due date; or
ii. The DCSO fails to meet the Metrics for six months in any twelve month
iii. The DCSO is unable to meet the Metrics for three consecutive months due to
reductions in the DCSO’s budget.
8. Miscellaneous Terms
A. NOTICES: All notices permitted or required to be given by one party to the other
party shall be sent via first class mail, courier service or delivery.
B. COUNTERPARTS: This Agreement may be executed in multiple counterparts,
each of which constitutes a completed Agreement.
C. SEVERABILITY. If any section of this Agreement is deemed to be illegal or
otherwise unenforceable, it is the intent of the parties hereto that all other
provisions of this Agreement shall remain in full force and effect.
D. GOVERNING LAW. This Agreement is to be governed by and interpreted in
accordance with the laws of the State of North Carolina, with the exception that
conflicts of laws provisions shall not apply.