Resolution 2012-19RESOLUTION NO. 2012-19(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE
CITY OF WYLIE, TEXAS TO EXECUTE THE COLLIN COUNTY FIRE
AND ARSON TASK FORCE INTERLOCAL AGREEMENT
( "AGREEMENT "), ATTACHED HERETO AS EXHIBIT "A "; AND
PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to
execute, on behalf of the City Council of the City of Wylie, Texas, the Collin County Fire and
Arson Task Force Interlocal Agreement ( "Agreement "), which is attached hereto as Exhibit "A,"
and incorporated herein for all purposes.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS the 22 day of May, 2012.
ATTEST TO:
Carole Ehrlich, Ci y Secretary
Resolution No. 202 -19(R)
Arson Task Force �LA — Fire
Collin County & City of Wylie
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EXHIBIT "A"
(AGREEMENT)
Resolution No. 2012 -19(R)
Arson Task Force ILA — Fire
Collin County & City of Wylie
COLLIN COUNTY FIRE AND ARSON TASK FORCE INTERLOCAL AGREEMENT
STATE OF TEXAS §
COUNTY OF COLLIN §
This Agreement is entered into by and between Collin County, (the "County ") and the
City of Wylie, Texas ( "Wylie ") (hereinafter referred to collectively as the "Parties "). The Parties
execute this Agreement as hereinafter provided pursuant to the Interlocal Cooperation Contracts,
Texas Government Code, Section 791.011, et seq., and the Texas Local Government Code,
Section 352.002, et seq., and all other applicable statutes.
WHEREAS, there is a need for investigative and prosecutorial cooperation in suspected
arson cases in the County and Wylie; and
WHEREAS, the Parties hereto have determined that the best possible method for
attacking the arson problem within the County and Wylie, Fire Marshal's office is an agreement
establishing such cooperation by way of a Task Force, including the Wylie Fire Marshal's Office
and the County Fire Marshal's Office; and
WHEREAS, the Parties desire to enter into this Agreement to provide investigative and
prosecutorial cooperation in connection with arson and other criminal cases; and
WHEREAS, each party is authorized to perform the services contemplated herein the
Parties for the mutual consideration hereinafter stated, agree and understand as follows.
NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
DESCRIBED HEREIN, THE PARTIES AGREE AS FOLLOWS:
I.
The Parties execute this Agreement for the purpose of providing arson and explosive
detection, investigative, and prosecutorial capabilities to each other as the need arises.
II.
The Collin County Fire Marshal's Office will be the coordinator of the Collin County
Fire and Arson Task Force created by this Agreement, and the Collin County Fire Marshal's
Office will be the central repository of the Parties' executed counterparts of this Agreement.
III.
When requested by one party to this Agreement, another party to this Agreement may
provide available members of its fire and explosive investigative unit to investigate and perform
follow- through prosecution duties regarding fires or explosions of suspicious origin or unknown
causes within the requesting jurisdiction. While engaged in such activities, employees of the
Collin County Fire and Arson Task Force Interlocal Agreement Page 1
606232.2
responding party shall be under the rules of the requesting party and the direction and
supervision of the requesting party's officer in charge of the investigation. The availability of a
party's officers shall be determined by the responding party.
IV.
While any responding party investigative officer is in the service of the requesting party,
he or she shall be considered an investigative officer of the requesting member and be under the
command of the requesting party's department head or the department head's designee, with all
the powers of a regular investigative officer of the requesting party, as fully as though he or she
were within the territorial limits of the governmental entity where he or she is regularly
employed and his or her qualifications, respectively, in the job position for the local
governmental entity by which he or she is regularly employed, shall constitute his or her
qualifications for the position within the territorial limits of the requesting member, and no other
oath, bond, or compensation need be made.
V.
In performing duties under this agreement, each party will comply with all necessary
federal, state and local laws, regulations and ordinances, including those relating to disposal of
property acquired from grant funds.
VI.
The party regularly employing the investigative officer shall pay all wages and disability
payments, pension payments and payments for damages to equipment and clothing of that officer
while he or she is involved in activities pursuant to this Agreement the same as though the
sendces had been rendered within the jurisdiction wherein the investigative officer is regularly
employed. The requesting party shall have no obligation to reimburse the responding party for
such costs unless reimbursement is required under the Local Government Code § 362.003(c).
VII.
Any request for assistance under this Agreement shall include a statement of the amount
and. type of equipment and number of personnel requested and shall specify the location to which
the equipment and personnel requested are to be dispatched, but the amount and type of
equipment and number of personnel to be furnished shall be determined by the responding
party's department head or department head's designee.
VIII.
The department head of the responding party, or department head's designee, in his or her
sole discretion, may at any time withdraw his or her personnel or equipment or discontinue
participation in any activity initiated pursuant to this Agreement.
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IX.
A party to this Agreement may unilaterally terminate its participation in this Agreement
only after providing not less than ninety (90) days' written notice of termination to the other
parties. This Agreement may be terminated at any time by the written mutual agreement of the
Parties.
In the event that any person performing services pursuant to this Agreement shall be cited
as a party to a state or federal civil lawsuit arising out of the performance of those services, that
person shall be entitled to the same benefits that he or she would be entitled to receive if such
civil action had arisen out of the performance of his or her duties as a member of the department
where he or she is regularly employed and in the jurisdiction of the party by which that person is
regularly employed.
M
Each party to this Agreement expressly waives all claims against every other party for
compensation for any loss, damage, personal injury, or death occurring as a consequence of the
performance of this Agreement.
XH.
It is expressly understood and agreed that, in the execution of this Agreement, no party
waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be
available to it against claims arising in the exercise of governmental powers and functions. Third
party claims against members shall be governed by the Texas Tort Claims Act or other
appropriate state statutes, municipal ordinances or laws of the State of Texas or any political
subdivision thereof.
XIII.
This Agreement and any of its terms and provisions, as well as the rights and duties of the
parties hereto, shall be governed by the laws of the State of Texas.
XIV.
In the event that any portion of this Agreement shall be found to be contrary to law, it is
the intent of the parties hereto that the remaining portions shall remain valid and in full force and
effect to the extent possible.
Kul
This Agreement may be amended or modified only by the mutual agreement of the
Parties hereto in writing to be attached to and incorporated into this Agreement.
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XVI.
This Agreement may be signed in multiple counterparts and shall be binding on the
Parties when duly authorized by the governing bodies of such Parties and such Parties' duly
authorized representatives and delivered to the Collin County Fire and Arson Task Force
Coordinator.
XVII.
This Agreement contains all commitments and agreements of the Parties, and oral or
written commitments not contained herein shall have no force or effect to alter any term or
condition of this Agreement.
XVM.
The undersigned officers and /or agents of the Parties hereto are the properly authorized
officials and have all necessary authority to execute this Agreement on behalf of the parties, and
each party hereby certifies to the other that any necessary resolutions extending said authority
have been duly passed and are now in full force and effect.
XIX.
Miscellaneous Provisions
a. Notice. Any notice required to be sent under this Agreement must be in writing
and may be served by depositing same in the United States Mail, addressed to the party to be
notified, postage pre-paid and registered or certified with return receipt requested, or by
delivering the same in person to such party via a hand - delivery service, Federal Express or any
courier service that provides a return receipt showing the date of actual delivery of same to the
addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the
address of the addressee. For purposes of notice, the addresses of the parties shall be as follows:
If to County, to: Collin County
Attn:
If to Wylie, to: City of Wylie
Attn:
300 Country Club Drive
Wylie, Texas 75098
b. Assignment. This Agreement is not assignable without the prior written consent
of the other party.
C. Entire Agreement. This Agreement contains the entire agreement of the parties
with respect to the matters contained herein and may not be modified or terminated except upon
the provisions hereof or by the mutual written agreement of the parties hereto.
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d. Venue. This Agreement shall be construed in accordance with the laws of the
State of Texas and shall be performable in Collin County, Texas.
e. Consideration. This Agreement is executed by the parties hereto without coercion
or duress and for substantial consideration, the sufficiency of which is forever confessed.
f Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
g. Authority to Execute. The individuals executing this Agreement on behalf of the
respective parties below represent to each other and to others that all appropriate and necessary
action has been taken to authorize the individual who is executing this Agreement to do so for
and on behalf of the party for which his or her signature appears, that there are no other parties or
entities required to execute this Agreement in order for the same to be an authorized and binding
agreement on the party for whom the individual is signing this Agreement and that each
individual affixing his or her signature hereto is authorized to do so, and such authorization is
valid and effective on the date hereof.
h. Savings/Severabili . In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect,
such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this
Agreement shall be construed as if such invalid, illegal or unenforceable provision had never
been contained herein.
i. Representations. Each signatory represents this Agreement has been read by the
party for which this Agreement is executed and that such party has had an opportunity to confer
with its counsel.
j. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted
equally by all parties hereto. The language of all parts of this Agreement shall be construed as a
whole according to its fair meaning, and any presumption or principle that the language herein is
to be construed against any party shall not apply. Headings in this Agreement are for the
convenience of the parties and are not intended to be used in construing this document.
k. Pursuit of a Governmental Function. Both the County and the City have
determined by their execution of this Agreement that this Agreement and the obligations of the
parties contained herein are in discharge of a governmental function as set forth in the Interlocal
Cooperation, Chapter 791, Texas Government Code, and the participation by either party in the
terms of this Agreement shall not make such party an agent or representative of the other party.
1. Sovereign Immunity. The parties agree that neither the County nor the City has
waived its sovereign immunity by entering into and performing its respective obligations under
this Agreement.
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606232.2
M. Binding A jeement. This Agreement shall be binding upon and shall inure to the
benefit of the parties hereto and their respective successors and assigns. No third parry shall
have any rights herein.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement to be
effective upon execution and dating by all of the Parties.
ATTEST:
Carole Ehrlich, City Secretary
COUNTY OF COLLIN, TEXAS
Keith Self, County Judge
Date:
APPROVED AS TO FORM:
Belvin Harris, City Attorney
APPROVED AS TO CONTENT:
Michael Smith, County Fire Marshal
Date:
CITY OF WYLIE
Mindy Manson, City Manager
APPROVED AS TO FORM:
%cam
Abernathy, R der, Boyd & Joplin, PC
Courtney A. Kuykendall, City Attorneys
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