Loading...
HomeMy WebLinkAboutRes 2014-11-08 ILA Child Abuse Task Force Services.pdfCITY OF ANNA, TEXAS RESOLUTION NO. 2014-11-08 A RESOLUTION OF THE CITY OF ANNA, TEXAS EXTENDING AN INTERLOCAL AGREEMENT FOR CHILD ABUSE TASKFORCE SERVICES BETWEEN THE CITY AND COLLIN COUNTY, TEXAS. WHEREAS, the City Council of the City of Anna, Texas ("City Council") finds that the City of Anna Chief of Police, in furtherance of the Department's purpose of preserving and protecting the public health and safety of the City's residents, recommends that the City renew the agreement with Collin County for Child Abuse Investigation Services; WHEREAS, Child abuse investigations generally require a training and expertise that is specialized in nature; and WHEREAS, the City Council, by vote, approves the Interlocal Agreement between the City of Anna and Collin County for Child Advocacy Center and Child Abuse Taskforce services for the period ending September 30, 2015. Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 13th day of November, 2014. APPROVED: ATTEST: Mike Crist, Mayor ) Z2 Z � Z � L/�, Na` -'a- Wilkison, City Secretary RES. 2014-11-08 ILA for Child Abuse Investigative Services PAGE 1 of 1 11-13-14 INTERLOCAL AGREEMENT: CHILD ABUSE, INVESTIGATION SERVICES, LAW ENFORCEMENT SERVICES THIS AGREEMENT is entered into on October 1, 2014, by and between the City of Anna (the "City") and the Collin County, a political subdivision of the State of Texas (the "County"). Recitals WHEREAS, County performs law enforcement functions within Collin County. WHEREAS, the City desires to obtain certain law enforcement services from the County that the City is authorized to provide. WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code authorizes units of local government to contact with one or more units of local government to perform government functions and services; and NOW, THEREFORE, in consideration of the mutual promises and benefits contained herein, and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged the Parties agree as follows: Article I Definitions 1.01 Law Enforcement Services The term "Law Enforcement Services" means all services necessary for the County to provide the reporting, investigating and filing charges for special crimes. 1.02 Special Crimes The term "Special Crimes" means criminal offenses, relating directly or indirectly, whereby the victim is less than 17 years of age and the crime is determined to be a State Jail Felony or above. Lower offenses may be worked with the approval of both parties. Article H Term 2.01 Term The term of this Agreement shall commence on October 1, 2014, and shall continue in full force and effect for a period of five (5) years thru September 30, 2019. 2.02 Termination Either party may terminate this Agreement by giving ninety (90) days written notice to the other party. The parties agree that this Agreement will terminate immediately should the City not have an operating Police Force. Article III Services and Service Fees 3.01 Services The County agrees to provide all law enforcement services relating to Special Crimes as described in Paragraph 1.02 of this Agreement. City shall pay for Sexual Assault Exams (Normally, these Fees are reimbursed to the City, by the State of Texas) if required in addition to the Fees annotated in section 5.01: Law Enforcement Service Charge. Additional unusual investigative fees, upon City approval in each case, may be charged if required for prosecution. 3.02 Manner of Providing Services The Law Enforcement Services shall be provided by the County in the same manner and within the same response times as such services are provided by the County within its jurisdiction. 3.03 Use of Additional Personnel The County may utilize the services of individuals whose duties and responsibilities are related to detection, investigation and/or prosecution of violations associated with offenses described in paragraph 1.02 of this Agreement. Article IV Exclusivity of Service The parties agree that the County may contract to perform services similar or identical to those specified in this Agreement for such additional governmental or public entities as the County, in its sole discretion, sees fit. Article V Compensation 5.01 Law Enforcement Service Charge The payment is based upon the population estimates of the City and that population is based on the most recently published figures obtained from the North Central Texas Council of Governments. Law Enforcement Fees may be adjusted within the Five (5) year period as needed, if deemed necessary due to population increase. On an annual basis, the City will pay $7,500.77 to the County for providing the above mentioned services. The City will continue payment for any and all charges for services not described in this Agreement. County will invoice City each year for total amount due. Article VI Notices 6.01 Unless otherwise specified, all communications provided for in this Agreement shall be in writing and shall be deemed delivered whether actually received or not forty-eight (48) hours after deposit in the United Sates mail, first class, registered or certified, return receipt requested, with proper postage prepaid or immediately when delivered in person. 6.02 All communications provided for in this Agreement shall be addressed as follows: if to the County, Copy to: if to the City, to: County Purchasing Agent Mayor, City of Anna Purchasing Department 101 North Powell Parkway 2300 Bloomdale Road, Suite 3160 P.O. Box 776 McKinney, TX 75071 Anna, TX 75409-0776 Or, to such person at such other address as may from time to time be specified in a notice given as provided in this Section 9. Article VII Miscellaneous 7.01 Civil Liability Any civil liability relating to the furnishing of services under this Agreement shall be the responsibility of the City. The parties agree that the County shall be acting as agent for the City in performing the services contemplated by this Agreement. The City shall hold the County free and harmless from any obligation, costs, claims, judgments, attorneys' fees, attachments, and other such liabilities arising from or growing out of the services rendered to the City pursuant to the terms of this Agreement or in any way connected with the rendering of said services, except when the same shall arise because of the willful misconduct or culpable negligence of the County, and the County is adjudged to be guilty of willful misconduct or culpable negligence by a court of competent jurisdiction. 7.02 Amendment This Agreement shall not be amended or modified other than in a written agreement signed by the parties. 7.03 Controlling Law This Agreement shall be deemed to be made under, governed by, and construed in accordance with, the laws of the State of Texas. 7.04 Captions The headings to the various sections of this Agreement have been inserted for convenient reference only and shall not modify, define, limit, or expand the express provision of this Agreement. 7.05 Counterparts This Agreement may be executed in counterparts, each of which, when taken separately, shall be deemed an original. 7.06 Exclusive Right to Enforce this Agreement The County and the City have the exclusive right to bring suit to enforce this Agreement, and no other party may bring suit, as a third -party beneficiary or otherwise, to enforce this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. "COUNTY" COLLIN COUNTY, TEXAS By: Title: County Judge Date: "CITY" CITY OF ANNA, TEXAS By: Title:' Date: is I