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Home My WebLink AboutRes 2019-08-601 ILA for Child Abuse Taskforce Services (2)State of Texas Collin County Commissioners C ourt § § § Court Order 2019-831 -09-23 An order o f the Collin County Commissioners C ourt approving an interlo cal agreement. The Collin County Commission er s Court h ereby approves an i n terlocal agreeme n t with the City of Anna (Agreement No. 2019-367) for Child Abuse Investigation Services and Law Enfor cem ent Services co m mencing on O ctob er 1, 20 19 th rough and including September 3 0 , 2023, as d etail ed in th e attached d ocumen tation. A mo tio n was m ade, seconded, and car ried by a majority of the court members in atten d ance during a r eg u lar session o n M on d ay, September 23, 20 19. c:= @Rs' C hris Hill, Coun ty Judge Dar rell H a le, Commissi on e r, Pct 3 Su san Fletcher, Commissioner, Pct l ~4fiff~· Ch erylWlarns, Commissione r, Pct 2 INTERLOCAL AGREEMENT: CHILD ABUSE, INVESTIGATION SERVICES, LAW ENFORCEMENT SERVICES THIS AGREEMENT is entered into on October I, 2019, 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 ce11ain law enforcement services from the County that the City is authorized to provide. WHEREAS, the lnterlocal 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: 1.01 Law Enforcement Services Article I Definitions 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. 2.01 Term Article II Term The te1m of this Agreement shall commence on October 1, 2019, and shall continue in full force and effective thru September 30, 2023. 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. 3.01 Services Article III Services and Service Fees 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 Four (4) year period as needed, if deemed necessary due to population increase. On an annual basis, the City will pay $7,500.00 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: County Purchasing Agent Purchasing Department 2300 Bloomdale Road, Suite 3160 McKinney, TX 75071 if to the County, Copy to: Collin County Administrator Bill Bilyeu 2300 Bloomdale #4192 McKinney, Texas 75071 if to the City, to: Mayor, City of Anna 111 North Powell Parkway P.O. Box 776 Anna, TX 75409-077 6 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 6. 7.01 Civil Liability Article VII Miscellaneous Any civil liability relating to the furnishing of services under this Agreement shall be the responsibility of the City. The pru1ies agree that the County shall be acting as agent for the City in perfo1ming the services contemplated by this Agreement. The City shall hold the County free and ha1mless 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 te1ms of this Agreement or in any way connected with the rendering of said services, except when the same shall ru·ise 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 com1 of competent jurisdiction. 7 .02 Amendment This Agreement shall not be amended or modified other than in a written agreement signed by the pa11ies. 7.03 Controlling Law This Agreement shall be deemed to be made under, governed by, and constrned in accordance with, the laws of the State of Texas. 7.04 Captions The headings to the vru'ious sections of this Agreement have been inse11ed 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 counterpai1s, 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 pai1y may bring suit, as a third-party beneficiary or othenvise, to enforce this Agreement. 7 .07 Expenses for Enforcement In the event either Party hereto is required to employ an attorney to enforce the provisions of this Agreement or is required to commence legal proceedings to enforce the provisions hereof, the prevailing Pai1y shall be entitled to recover from the other, reasonable attorney's foes and cow1 costs incun-ed in connection with such enforcement, including collection. IN WITNESS WHEREOF, the p arti es here to h ave execu ted this Agreement as of the 13 111 of Augu s t, 20 I 9 a nd year fir st above wri tten. "COUN TY" "CITY" COLLIN C~'OW:b~~~~, C IT Y OF ANNA, T :; 13y: ..s;:,,,---~~~===~;;:- Title: County J ud ge By : ____ --.,..__....::.......=-..J.,.=--- Title: Mayo r Nate P ik e Date: 2 Y <;EP 2 019 Date: ~tr:// I /3 ~0=1--iq'--- CITY OF ANNA, TEXAS REsoLuT10N No.cJDF-7 -u:J--loo l A RESOLUTION OF THE CITY OF ANNA, TEXAS EXTENDING AN INTERLOCAL AGREEMENT FOR CHILD ABUSE TASKFORCE SERVICES BETWEEN THE CITY OF ANNA AND COLLIN COUNTY, TEXAS . WHEREAS, the City Council of the City of Anna , Texas ("City Council ") finds that the Ci ty of Anna Chief of Police, in furtherance of the Department's p u rpose of preservin g and protectin g t he p ublic health and safety of the C ity's residents , recommends t hat the City renew th e agreement with Co ll in County for C hild Abuse In vesti gation Services; WHEREAS, C hild abuse invest igations generally require training and expertise th at is specia lized in nature; and WHEREAS, the City Council, by vote, approves the lnterlocal Agreement between the City of Anna and Colli n County for Child Advocacy Center and Child Abuse Taskforce servi ces for the period begi nning October 1, 2019 and ending September 30, 2023. Section 1. Recitals Incorporated Th e recita ls set forth above are in corporated herein fo r 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 Aug ust, 2019. ATTEST: