HomeMy WebLinkAboutRes 2019-03-555 MOU with Anna ISD for K- 9 ServicesCITY OF ANNA, TEXAS
RESOLUTION NO.4QIq-- 3,565
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN AMENDMENT
TO THE ORIGINAL MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
OF ANNA AND THE ANNA INDEPENDENT SCHOOL DISTRICT REGARDING
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") previously
entered into a Memorandum of Understanding (MOU) with Anna ISD on the 8th day of
November, 2016; and
WHEREAS, the City Council finds that amending the current MOU is in the best interest
of citizens of Anna, Texas and the students and employees of the Anna ISD; 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; and
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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS:
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 26th
day of March, 2019.
ATTEST:
City Secretary, Carrie Smith
APPROVED:
Mayor, Nate Pike
MEMORANDUM OF UNDERSTANDING
BETWEEN ANNA INDEPENDENT SCHOOL DISTRICT
ANDTHE CITY OF ANNA
STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS
COUNTY OF COLLIN
This Memorandum of Understanding ("MOU"), was originally entered into on the 8th
day of November, 2016, and is hereby amended this QJ day of _ �Ct r 2019, 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;
1. 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 (Amended)
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.
Page 2 of 8 MOU-AISDPD-APD (Amended)
G. APD utilizes the Collin County Sheriffs 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.
II. CANINE USE
A. APD owns and operates a police canine program. The canines in the program are
certified in the detection of narcotics and the tracking of persons. APD agrees to
provide AISDPD with the handler and canine on specified dates throughout the
school year to assist in its efforts to reduce the presence of illegal narcotics on school
property. AISDPD agrees to pay APD a rate of $150 per month for this service. The
rate is good for one visit per month. Should AISDPD request the assistance of the
APD canines outside of the scheduled dates and that request is granted, AISDPD
agrees to pay APD the cost of the canine handler's overtime rate, if the request is
outside of the handler's normal schedule. If within the normal work schedule of the
handler, APD will not charge AISDPD for the service.
B. In the event the canine is requested for the location of missing persons, AISDPD shall
make the request through the on -duty supervisor. APD will make every reasonable
attempt to honor the request. No fee will be charged for this service.
III. 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.
Page 3 of 8 MOU-AISDPD-APD (Amended)
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, Band 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.
IV. 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.
V. 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
Page 4 of 8 MOU-AISDPD-APD (Amended)
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
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.
VI.MISCELLANEOUS
Page 5 of 8 MOU-AISDPD-APD (Amended)
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 Patties 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
ventures, 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 Parry 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.
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
parry to it. The Parties to this MOU shall cooperate fully in opposing any attempt
by any person or entity not a parry 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
Page 6 of 8 MOU-AISDPD-APD (Amended)
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 Parkway
Anna, Texas 75409
Phone: 972-924-2848
Fax: 972-924-3162
IF TO AISDPD Anna Independent School District Police Department
Attn: Superintendent
501 S. Sherley Ave
Anna, Texas 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.
[. 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.
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.AISDi' ARD (Amended)
2. 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:-
Michael Comeaux, Superintendent
Date: 3 / A-.
STATE OF TEXAS
ACKNOWLEDGEMENT
COUNTY OF COLLIN
This instrument was acknowledged before me on the Q. day of MCzA"6— , 2019, by Michael
Comeaux, Superintendent of Schools of the Anna Independent School District, for and on behalf of the Anna
Independent School District.
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STATE OF TEXAS §
ACKNOWLEDGEMENT
COUNTY OF COLLIN
This instrument was acknowledged before me on the &Lc day of 2019, by Jim Proce,
City Manager of the City of Anna, for and on behalf of the City of Anna.
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CAME L $NTHNotary Public -State of Texas
MY Notary m # 11419404
'� Eches February 4, 2023