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06-058 - R TOWN OF PROSPER, TEXAS RESOLUTION NO. 06-58 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS HEREBY AUTHORIZING THE MAYOR OF THE TOWN OF PROSPER, TEXAS TO EXECUTE AN AGREEMENT BETWEEN THE TOWN OF PROSPER AND COLLIN COUNTY REGARDING LAW ENFORCEMENT SERVICES RELATING TO SPECIAL CRIMES. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: The Mayor of the Town of Prosper, Texas is hereby authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas an Agreement between the Town of Prosper and Collin County regarding law enforcement services relating to special crimes. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 27th day of June, 2006. C arles Niswanger, or ATTEST TO: :tthew D. Denton own Secretary ` %11111///0 %•NN_ F P r .. • : : ',i,/��I �� EXAS R®�e� Court Order No. ,Otto'g5r)c)-- b -I)- INTERLOCAL LAW ENFORCEMENT SERVICES AGREEMENT THIS AGREEMENT is entered into on the 1st day September, 2006,by and between the Town of Prosper(the"Town") and Collin County, a political subdivision of the State of Texas (the County"). RECITALS 1. The County operates the Collin County Sheriff's Office which performs law enforcement functions within the county. 2. The Town desires to obtain a certain law enforcement services from the County that the Town is authorized to provide. Therefore,under the authority of the Interlocal Cooperation Act, Tex. Rev. Civ. State. Ann, art. 4413 (32c),the parties agree as follows: SECTION 1. DEFINITIONS 1.01 Law Enforcement Services. The term"Law Enforcement Services: means all services necessary for the Collin County Sheriffs Office to provide the reporting, investigating and filing charges for special crimes. 1.02 Special Crimes. The term"Special Crimes"means all crimes,relating directly or indirectly,whereby the victim is less than 17 years of age. The crimes include,but not limited to,the Texas Penal Code,Title Five(5) (OFFENSES AGAINST THE PERSON), Chapters 19, 20, 21, 22,Title Six(6)(OFFENSES AGAINST THE FAMILY)Chapter 25,Title Nine(9) (PUBLIC INDECENCY), Chapter 43. SECTION 2. TERM 2.01 Term. The term of this Agreement shall commence on the 1st day of September, 2006, and shall continue in full force and effect for a period of one (1) year with four(4) annual renewals unless terminated by either party with ninety(90) days prior to the end of the original term or any renewed term. 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 Town not have an operating Police Force. SECTION 3. SERVICES 3.01 Services. The Sheriff's Office agrees to provide all law enforcement services relating to Special Crimes as described in Paragraph 1.02 of this Agreement. 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. SECTION 4. 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. SECTION 5. COMPENSATION 5.01 Law Enforcement Service Charge. Beginning with this Agreement, the Town shall provide payment to the County for providing services described in the Agreement. The payment is based upon the"At Risk"population of the Town(16% of total population) and the population is based on figures obtained from the North Texas Council of Governments, January 2006 estimates of population. On an annual basis, the Town will pay $4,846.15 to the County for providing the above mentioned services. The Town will continue payment for any and all charges for services not described in the Agreement. The payment is due October 1, 2006, and paid to the Collin County Auditor's Office. SECTION 6. CIVIL LIABILITY Any civil liability relating to the furnishing of services under this Agreement shall be the responsibility of the Town. The parties agree that the County shall be acting as agent for the Town in performing the services contemplated by this Agreement. The Town 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 Town 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. SECTION 7. AMENDMENT This Agreement shall not be amended or modified other than in a written agreement signed by the parties. SECTION 8. 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. SECTION 9. NOTICES 9.01 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 States mail, first class, registered or certified, return receipt requested, with proper postage prepaid or immediately when delivered in person. 9.02 All communications provided for in this Agreement shall be addressed as follows: (a) if the County, to: Ron Harris, County Judge 210 S. McDonald McKinney, TX 75069 (b) if the Town, to: Chief of Police P.O. Box 307 Prosper, TX 75078 Or to such person at such other addresses as may from time to time be specified in a notice given as provided in this Section 9. In addition, notice of termination of this Agreement by the Town shall be provided by the Town to the County Judge of Collin County as follows: The Honorable Ron Harris Collin County Judge 210 S. McDonald McKinney, TX 75069 SECTION 10. 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. SECTION 11. COUNTERPARTS This Agreement may be executed in counterparts, each of which, when taken separately, shall be deemed an original. SECTION 12. EXCLUSIVE RIGHT TO ENFORCE THIS AGREEMENT The County and the Town 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, TE By: Title: County Judge Date: `TOWN' TOWN OF PROSPER,TEXAS By: Title: M 11Yo 1/— Date: 4/9, l 0(j