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HomeMy WebLinkAboutRes 2012-03-02 ILA CC Fire and Arson Task Force.pdfCITY OF ANNA, TEXAS RESOLUTION NO. 2012-03-02 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND ENTERING INTO AN INTERLOCAL AGREEMENT WITH THE COUNTY OF COLLIN FOR USE AND PARTICIPATION IN THE COLLIN COUNTY FIRE AND ARSON TASK FORCE. WHEREAS, the City of Anna, Texas (the "City") desires to enter into an interlocal agreement with the County of Collin to both participate in, and utilize the services of the Collin County Arson Task Force (Arson Task Force) on March 29th, 2012; and WHEREAS, the City Council of the City of Anna, Texas (the "Council') finds that entering into this interlocal agreement is in the best interest of the citizens of Anna; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: The Council hereby approves the interlocal agreement, attached hereto as EXHIBIT 1, incorporated herein for all purposes and authorizes the City Manager to execute same on its behalf. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 29th day of March 2012. Nil ATTEST: ' Ca: EX . Wilkison, City Secretary RES. 2012-03-02 ILA for Arson Task Force PAGE 1 0F1 03-29-1 COLLIN COUNTY FIRE AND ARSON TASK FORCE INTERLOCAL AGREEMENT STATE OF TEXAS ( ) COUNTY OF COLLIN ( ) This Agreement is entered into by and between Collin County, Texas and the City of Anna, Texas (hereinafter referred to collectively as the "Parties"). The Parties execute this Agreement as hereinafter provided pursuant to the Interlocal Agreement Act, Texas Government Code, section 791.011, et seq., and the Texas Local Government Code, section 362.002, et seq., and all other applicable statutes. WHEREAS, there is a need for investigative and prosecutorial cooperation in suspected arson cases in the City of Anna. WHEREAS, the Parties hereto have determined that the best possible method for attacking the arson problem within the City of Anna is an agreement establishing such cooperation by way of a Task Force; and WHEREAS, the Parties desire to enter into this Agreement to provide investigative and prosecutorial cooperation in connection with arson and other criminal cases; and WHEREAS, each party is authorized to perform the services contemplated herein the Parties for the mutual consideration hereinafter stated, agree and understand as follows; NOW THEREFORE, I. The Parties execute this Agreement for the purpose of providing arson and explosive detection, investigative, and prosecutorial capabilities to each other as the need arises. II. The Collin County Fire Marshal's Office will be the coordinator of the Collin County Fire and Arson Task Force created by this Agreement, and the Collin County Fire Marshal's Office will be the central repository of the Parties' executed counterparts of this Agreement. When requested by one party to this Agreement, another party to this Agreement may provide available members of its fire and explosive investigative unit to investigate and perform follow-through prosecution duties regarding fires or explosions of suspicious origin or unknown causes within the requesting jurisdiction. While engaged in such activities, employees of the responding party shall be under the rules of the requesting party and the direction and supervision of the requesting party's officer in charge of the investigation. The availability of a party's officers shall be determined by the responding party. IV. While any responding party investigative officer is in the service of the requesting party, he or she shall be considered an investigative officer of the requesting member and be under the command of the requesting party's department head or the department head's designee, with all the powers of a regular investigative officer of the requesting party, as fully as though he or she were within the territorial limits of the governmental entity where he or she is regularly employed and his or her qualifications, respectively, in the job position for the local governmental entity by which he or she is regularly employed, shall constitute his or her qualifications for the position within the territorial limits of the requesting member, and no other oath, bond, or compensation need be made. V. In performing duties under this agreement, each party will comply with all necessary federal, state and local laws, regulations and ordinances, including those relating to disposal of property acquired from grant funds. VI. The party regularly employing the investigative officer shall pay all wages and disability payments, pension payments and payments for damages to equipment and clothing of that officer while he or she is involved in activities pursuant to this Agreement the same as though the services had been rendered within the jurisdiction wherein the investigative officer is regularly employed. The requesting party shall have no obligation to reimburse the responding party for such costs unless reimbursement is required under the Local Government Code § 362.003(c). VII. Any request for assistance under this Agreement shall include a statement of the amount and type of equipment and number of personnel requested and shall specify the location to which the equipment and personnel requested are to be dispatched, but the amount and type of equipment and number of personnel to be furnished shall be determined by the responding party's department head or department head's designee. VIII. The department head of the responding party, or department head's designee, in his or her sole discretion, may at any time withdraw his or her personnel or equipment or discontinue participation in any activity initiated pursuant to this Agreement. IX. A party to this Agreement participation in this Agreement than ninety (90) days' written other parties. This Agreement n the written mutual agreement of t X. may unilaterally terminate its only after providing not less notice of termination to the iy be terminated at any time by ie Parties. In the event that any person performing services pursuant to this Agreement shall be cited as a party to a state or federal civil lawsuit arising out of the performance of those services, that person shall be entitled to the same benefits that he or she would be entitled to receive if such civil action had arisen out of the performance of his or her duties as a member of the department where he or she is regularly employed and in the jurisdiction of the party by which that person is regularly employed. XI. Each party to this Agreement expressly waives all claims against every other party for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement. XII. It is expressly understood and agreed that, in the execution of this Agreement, no party waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. Third party claims against members shall be governed by the Texas Tort Claims Act or other appropriate state statutes, municipal ordinances or laws of the State of Texas or any political subdivision thereof. XIII. This agreement and any of its terms and provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. XIV. In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. XV. This Agreement may be amended or modified only by the mutual agreement of the Parties hereto in writing to be attached to and incorporated into this Agreement. XVI. This Agreement may be signed in multiple counterparts and shall be binding on the Parties when duly authorized by the governing bodies of such Parties and such Parties' duly authorized representatives and delivered to the Collin County Fire and Arson Task Force Coordinator. XVII. This Agreement contains all commitments and agreements of the Parties, and oral or written commitments not contained herein shall have no force or effect to alter any term or condition of this Agreement. XVIII. The undersigned officers and/or agents of the Parties hereto are the properly authorized officials and have all necessary authority to execute this Agreement on behalf of the parties, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement to be effective upon execution and dating by all of the Parties. COUNTY OF COLLIN, TEXAS Keith Self, County Judge Date: CITY OF ANNA, TEXAS Phi ip San ers, City City ofa Date: v 2/g7 7 TO CONTENT: Michael Smith, County Fire Marshal Date: