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HomeMy WebLinkAboutRes 2016-11-249 Anna ISD MOU (2) CITY OF ANNA, TEXAS RESOLUTION NO. w ' A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ANNA AND THE ANNA INDEPENDENT SCHOOL DISTRICT REGARDING A COOPERATION BETWEEN THE ANNA POLICE DEPARTMENT AND THE ANNA INDEPENDENT SCHOOL DISTRICT ("ANNA ISD") POLICE DEPARTMENT WHEREAS, the City Council of the City of Anna, Texas ("City Council") finds that the Anna Police Department and the Anna ISD Police Department will have overlapping jurisdictions; and WHEREAS, the two entities desire to create a cooperative atmosphere between the two agencies that will assist in the service of the citizens of Anna, Texas and the students and employees of the Anna ISD. WHEREAS, the City Council believes that the Memorandum of Understanding between the Anna Independent School District and the Anna Police Department would serve to create such cooperative atmosphere. Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Approval and Authorization of MOU The City Council hereby approves the Memorandum of Understanding, attached hereto as Exhibit 1, incorporated herein for all purposes, and authorizes, ratifies and approves the City Manager's execution of same. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 11tn day of November 2016. ATTEST: APPR E r f City Secretary Carrie L. Smith or Mike Crist ' a U.- ••.IP y • Exhibit 1 h � g#fa# !i '11i�tA Res.C1 Page 1 MO-v✓it"Anna ISD .. � , RESOLUTION#k � � �.°��� � �e� �a�,... �r . ' `� EXHIBIT 1 MEMORANDUM OF UNDERSTANDING BETWEEN ANNA INDEPENDENT SCHOOL DISTRICT AND THE CITY OF ANNA STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS COUNTY OF COLLIN § This Memorandum of Understanding ("MOU"), is entered into this day of , 2016, by and between the Anna Independent School District ("AISD" or the "District"), a Texas public school district, and the City of Anna, Texas ("City") (collectively"the Parties"). WITNESSETH WHEREAS, AISD has commissioned one or more peace officers in developing Anna ISD Police Department("AISDPD"),whose primary duties are as follows: • To provide a safe and secure environment for students, staff, and citizens while those individuals are participating in school-sponsored activities, including, but not limited to school-related activities, extra-curricular activities, and transit to and from such activities. • To protect the property of the District, including real and personal property located inside and outside the boundaries of the District, that is owned, leased, rented or otherwise under the control of the District. • To protect the personal property of those individuals engaged in school-related activities; WHEREAS, AISDPD jurisdiction includes: (1) all property owned, leased, or rented by or otherwise under control of the District, (2) all area within 300 feet of any District property, and (3) all territory within the state of Texas while those individuals are under the direct supervision of the District; WHEREAS, the AISDPD and the City of Anna Police Department ("APD") have overlapping jurisdiction; WHEREAS, the Parties desire to create a cooperative atmosphere between them and to assist one another in the notification and investigation of certain criminal offenses occurring within the territorial jurisdictions of the two entities; WHEREAS, APD is the law enforcement agency in Anna, Texas responsible for maintaining law and order throughout Anna; and Page 1 of 8 MOU-AISDPD-APD RESOLUTION# EXHIBIT I WHEREAS, this cooperative effort will assist in the Parties' respective responsibilities and mission to serve the citizens of Anna, Texas and the AISD; NOW THEREFORE, for and in consideration of the mutual promises, terms, covenants and conditions set forth herein, the undersigned Parties enter into this memorandum of understanding that outlines reasonable communication and coordination efforts between the agencies, and agree as follows: I. RESPONSE AND COMMUNICATIONS A. AISD shall be responsible for providing APD with a current list of all properties owned, leased or under the control of the AISD and within the jurisdiction of APD. This list will include the property name and street address. B. AISDPD shall have primary jurisdiction for the provision of police services, except as otherwise specified in this Memorandum of Understanding ("MOU"), on property owned, leased or under the control of the District. C. AISDPD shall be responsible for responding to all requests for police services, which come to their attention, originating from any property owned, leased or under the control of AISD during hours in which an AISDPD Officer is available. If no AISDPD Officer is on duty, such as after-school hours, APD will respond to calls for service on AISD property. If any of the after-hour calls for service require a written report,that report will be forwarded to the AISDPD for disposition/investigation follow-up. D. AISDPD shall notify the APD of incidents on property owned, leased or under the control of the AISD, and within the jurisdiction of APD,that pose a threat to the safety of the residents of Anna, Texas not occupying the property. E. The APD shall notify the AISDPD of any incident within its jurisdiction that may pose a threat to the safety of persons occupying property that is owned, leased or under the control of AISD. F. The APD will continue to notify AISD of criminal activities of students enrolled at AISD in accordance with Article 15.27 of the Texas Code of Criminal Procedure as well as notification of a person residing or intending to reside within the District who is subject to registration under the Sex Offender Registration Program in accordance with Article 62.054 of the Texas Code of Criminal Procedure. G. APD utilizes the Collin County Sheriff's Office ("CCSO") dispatch system and pays the county on a per radio event basis. AISDPD agrees to establish their own membership with CCSO Communications, have their radio call signs assigned to them by CCSO, and pay the fees associated with being on the radio system. Page 2 of 8 MOU-AISDPD-APD RESOLUTION# EXHIBIT 1 II. INVESTIGATIONS AND WARRANTS A. Should AISDPD request the assistance of the APD Evidence Unit for the purpose of collecting and preserving evidence regarding an incident and that request is granted, the APD shall be in control of the crime scene. Any evidence collected by APD will be inventoried and signed over to the AISDPD for storage and follow-up. B. Where the AISDPD requests the assistance of the APD in the investigation of an offense occurring on AISD property, all documentation of the activities of the Officers involved will be made in police reports. Those police reports will be shared by both agencies and not disclosed to any third parties except when required under state law. C. When it is necessary for APD to execute a warrant or conduct an investigation on property owned, leased or under the control of the AISD, the APD shall contact the AISDPD and request an AISDPD officer to accompany the APD Officer, if practicable. The APD shall try not to interrupt class to execute an arrest or search warrant. In the event of a"fresh" or"hot"pursuit,the APD shall notify the AISDPD as soon as possible. D. When it is necessary for AISDPD to execute a warrant or conduct an investigation within Anna, Texas, excluding property owned, leased or under the control of the AISD, the AISDPD shall contact the APD and request an APD officer to accompany the AISDPD Officer, if practicable. In the event of a"fresh" or"hot"pursuit,the AISDPD shall notify the APD as soon as possible. E. Requests for the assistance of the APD, as stated in paragraphs A, B and C above, will be honored provided the offenses occurred on property located within Anna, Texas. F. Subject to AISD's obligations under the Family Educational Rights and Privacy Act, 20 U.S.C. 1232(g) and laws concerning the release of student information, the District agrees to provide the APD with information necessary for its investigation of offenses and incidents addressed in Paragraphs A, B and C. III.TRAINING AND PROCEDURES A. The Chief of Police for the APD or his designee and the managing police officer for the AISDPD may enter into mutually agreed upon intra-agency training opportunities on AISD property or campuses or another agreed upon location, subject to their availability, provided such trainings are deemed beneficial by the Parties. B. Subject to the approval of the Board of Trustees for AISD or its designee, the Chief of Police for the APD or his designee and the managing police officer for the AISDPD may enter into mutually agreed upon standard operational procedures and guidelines concerning the terms of this MOU. Page 3 of 8 MOU-AISDPD-APD RESOLUTION# EXHIBIT 1 IV.INSURANCE A. The APD shall have no liability whatsoever for or with respect to AISD's use of any AISD property or facility, or the actions of, or failure to act by, any employees, subcontractors, agents, or assigns of AISD. B. AISD shall be solely responsible, as between AISD and the APD and the agents, officers, and employees of the APD, for and with respect to any claim or cause of action arising out of or with respect to any act, omission, or failure to act by AISD or its agents, officers, employees, and subcontractors, while on AISD property or while using any AISD facility or performing any function or providing or delivering any service undertaken by AISD pursuant to this MOU. C. For and with respect to AISD property or AISD's use of any AISD facility, AISD hereby contracts, covenants, and agrees to obtain and maintain in full force and effect, during the term of this MOU, a policy or policies of insurance, or risk pool coverage, in amounts sufficient to insure AISD and its agents, officers, and employees from and against any claim, cause of action, or liability arising out of or from the action, omission, or failure to act by AISD, its agents, officers, employees, and subcontractors in the course of their duties. D. AISD shall have no liability whatsoever for the actions of, or failure to act by, any employees, subcontractors, agents, or assigns of the APD. E. The APD shall be solely responsible, as between the AISD and the APD and the agents, officers, and employees of APD, for and with respect to any claim or cause of action arising out of or with respect to any act, omission, or failure to act by the APD or its agents, officers, employees, and subcontractors, while performing any function or providing or delivering any service undertaken by the APD pursuant to this MOU. F. For and with respect to the services to be provided by the APD to AISD pursuant to this MOU, the APD hereby contracts, covenants, and agrees to obtain and maintain in full force and effect, during the term of this MOU, a policy or policies of insurance, or risk pool coverage, in amounts sufficient to insure the APD and its agents, officers, and employees from and against any claim, cause of action, or liability arising out of or from the action, omission or failure to act by the APD, and its agents, officers, employees, and subcontractors in the course of their duties. G. It is specifically agreed that, as between the Parties, each Party to this MOU shall be individually and respectively responsible for responding to, dealing with, insuring against, defending, and otherwise handling and managing its liability and potential liability pursuant to this MOU; each Party hereto reserves and does not waive any Page 4 of 8 MOU-AISDPD-APD RESOLUTION# EXHIBIT 1 defense available to it at law or in equity as to any claim or cause of action whatsoever that may arise or result from the services provided and/or any circumstances arising under this MOU. This MOU shall not be interpreted nor construed to give to any third party the right to any claim or cause of action, and neither the APD nor AISD shall be held legally liable for any claim or cause of action arising pursuant to, or out of the services provided under,this MOU except as specifically provided herein or by law. H. No Party hereto waives or relinquishes any immunity or defense on behalf of itself, its trustees, councilmembers, officers, employees, and agents as a result of the execution of this MOU and the performance of the covenants and MOUs contained herein. V. MISCELLANEOUS A. The Parties agree that this MOU is subject to amendment or modification as needed to provide for the maximum operational efficiency of both Parties. The Parties further agree that any amendment or modification of the terms of this MOU must be mutual, and that no such amendment or modification shall be binding unless it is in writing, dated subsequent to the date of the full execution of this MOU, and duly executed by the Parties to this MOU. B. Nothing in this MOU shall be deemed to create, by implication or otherwise, any duty, responsibility or right as to either Party, except with respect to the subject matter of this MOU as specifically set forth herein. This MOU does not and shall not be interpreted to limit or extend any governmental authority or discretion except as specifically set forth herein. C. Nothing in this MOU shall be deemed to extend or increase the jurisdiction or authority of either the AISDPD or APD except as necessary to give effect to this MOU. All the governmental functions and services of the AISDPD shall be and remain the sole responsibility of the AISDPD. All governmental services and functions of the APD shall be and remain the sole responsibility of the APD. D. Nothing contained in this MOU shall be deemed or construed by the Parties to it, or by any third party, as creating the relationship of principal and agent, joint venturers, partners or any other similar such relationship. E. Nothing in this Agreement shall be deemed to waive, modify or amend any legal defense available at law or in equity to either Party nor to create any legal rights or claim on behalf of any third party. The Parties hereto shall cooperate fully in opposing any attempt by any third person or entity to claim any benefit, protection, release, or other consideration under this MOU. Neither Party waives, modifies, or alters to any extent whatsoever the availability of the defense of governmental immunity under the laws of the State of Texas or any individual person's immunity under state or federal law. Page 5 of 8 MOU-AISDPD-APD RESOLUTION# EXHIBIT 1 F. This MOU inures to the benefit of and obligates only the Parties executing it. No term or provision of this MOU shall benefit or obligate any person or entity not a party to it. The Parties to this MOU shall cooperate fully in opposing any attempt by any person or entity not a party to this MOU to claim any benefit, protection, release or other consideration under this MOU. G. Any notice, request, demand, report, certificate or other instrument which may be required or permitted to be furnished to or served upon the parities shall be deemed sufficiently given or finished or served if in writing and deposited in the United States mail, registered or certified, return receipt requested, addressed to such party at the address set forth below: IF TO APD: Anna Police Department Attn: Chief of Police 101 S Powell Pkwy Anna, TX 75409 Phone: 972-924-2848 Fax: 972-924-3162 IF TO AISDPD: Anna Independent School District Police Department Attn: Superintendent 501 S Sherley Anna, TX 75409 Phone: 972-924-1000 Fax: 972-924-1001 H. This MOU may be terminated at any time with or without cause, subject to Texas Education Code 37.081(g) which requires a school district police department and the law enforcement agencies with which it has overlapping jurisdiction to enter into a memorandum of understanding outlining reasonable communication and coordination efforts between the district and law enforcement. The Parties agree that notice of termination shall be made in writing and must be given at least sixty(60) days in advance of the termination date. I. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, but rather this entire Agreement will be construed as if not containing the particular invalid or unenforceable provision or provisions, and the rights and obligations of the parties hereto shall be construed and enforced in accordance therewith. The parties hereto acknowledge that if any provision of this Agreement is determined to be invalid or unenforceable, it is their desire and intention that such provision be reformed and construed in such a manner, the maximum extent practicable,that it will be validated and enforceable. Page 6 of 8 MOU-AISDPD-APD RESOLUTION# EXHIBIT 1 J. This MOU may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall be considered fully executed when all parties have executed an identical counterpart, notwithstanding that all signatures may not appear on the same counterpart. [Signature page follows.] Page 7 of 8 MOU-AISDPD-APD IN WITNESS WHEREOF, the Parties have executed this Agreement to be effective for all purposes on the date last written below. ANNA INDEPENDENT SCHOOL DISTRICT By: Pete Slaughter, Superi ndent Date: (�1 THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF COLLIN § This instrument was acknowledged before me on the l C, day of &W1 ,2016, by Pete Slaughter,1 Superintendent of Schools of the Anna Independent School District, for and on behalf of el , en School District. pe". �iia 0 Notary Public-State of Tex s CITY OF ANNA ,d41 a, Philip Sandefs, City Manager N f Date: THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF COLLIN § This instrument was acknowledged before me on the day of , �r,��,,r -,���' �d, 2016, by Philip Sanders, City Manager of the City of Anna, for and on behalf of the City of Anna,., , CARRIE L. SMITH a ` " _'_°•' Notary Public.State of Texas Notary Public-Stat&of Texas My Commission Expires January 27, 2019 Page 8 of 8 MOU-AISDPD-APD