FIRST AMENDMENT TO INTERLOCAL AGREEMENT

Transcription

1 FIRST AMENDMENT TO INTERLOCAL AGREEMENT Montgomery County, Texas and The Woodlands Township For Interim Funding of Montgomery County Sheriff s Office and Montgomery County Constable, Precinct 3 (Law Enforcement Investigative Services - Crimes Against Children) THE STATE OF TEXAS COUNTY OF MONTGOMERY This First Amendment to Interlocal Agreement is made and entered into by and between Montgomery County, Texas (the "County"), a political subdivision of the State of Texas, and The Woodlands Township (the "Township"), a political subdivision of the State of Texas and successor by name change to Town Center Improvement District of Montgomery County, Texas, created and operating pursuant to Chapter 289, Acts of the 73rd Texas Legislature, Regular Session, 1993, as amended (the "Act"), and pursuant to the authority granted to each by Chapter 791, Texas Government Code, which allows local political subdivisions to enter into interlocal cooperation agreements for governmental purposes. WITNESSETH WHEREAS, the Township is organized and exists for the purpose, among others, of improving, enhancing and supporting public safety and security and law enforcement within the Township; and WHEREAS, the Board of Directors of the Township had previously received and funding assistance for (i) one detective for the operations of the Montgomery County Constable, Precinct 3, and (ii) one detective for the operations of the Montgomery County Sheriff s Office, both of which are to be dedicated to and assigned cases involving crimes against children; and WHEREAS, the Board of Directors of the Township has already authorized the allocation for the calendar year 2016 of up to $92,019 for the purpose of assisting with the funding of such personnel for the Montgomery County Constable, Precinct 3, and up to $103,991 for the purpose of assisting with the funding such personnel for the Montgomery County Sheriff s Office, subject to the terms of a mutually satisfactory written agreement with the County relating thereto; and WHEREAS, the County and the Township, pursuant to the authority found in Chapter 791, Texas Government Code and the Act, have determined to increase the amount of funding so as to support the costs of a new investigator position to be assigned to the Children s Safe Harbor program and to investigate crimes against children within The Woodlands Township. First Amendment To Interlocal Agreement (C A) Page 1 of 5

2 NOW, THEREFORE, the County and the Township contract and agree as follows: Subject to the limitations and conditions set forth herein, the Township agrees to provide additional interim funding assistance for the calendar year 2016 to Montgomery County for the actual costs of: (i) one (I) full time detective for the Montgomery County Constable, Precinct 3, dedicated and assigned to cases involving crimes against children (the "MCC3 Detective"), one full time investigator dedicated and assigned to cases involving crimes against children (the MCC3 Investigator ) and (ii) one (I) full time detective for the Montgomery County Sheriff s Office, dedicated and assigned to cases involving crimes against children (the "MCSO Detective"). II. In no event shall the Township be obligated to provide for the calendar year 2016 such interim funding assistance in an amount of more than (i) $92,109 for the MCC3 Detective, or (ii) $103,991 for the MCSO Detective, or $131, for the newly added MCC3 Safe Harbor Investigator or for a period of time extending beyond December 31, The MCC3 Detective, MCC3 Investigator and the MCSO Detective shall each be housed at, work primarily from, provide support to, and collaborate with the Children's Safe Harbor Advocacy Center, located within Montgomery County, Texas. Notwithstanding the foregoing, the MCC3 Detective, MCC3 Investigator and the MCSO Detective are and will remain employees of the County, and the planning, organization, scheduling, direction, and supervision of said personnel and all matters incident to the work to be performed by said personnel, shall be determined by the County and its respective law enforcement offices. The County and its respective law enforcement offices shall retain exclusive authority over the activities of the MCC3 Detective and Investigator, as well as the MCSO Detective; provided, however, the County will take appropriate action to ensure that cases assigned to the MCC3 Detective and MCC3 Investigator shall involve and be focused upon crimes against children originating or occurring within the boundaries of the Township, and cases assigned to the MCSO Detective shall involve and be focused upon crimes against children originating or occurring within the Montgomery County, with priority given to cases involving victims or perpetrators located within boundaries of the Township. The County, acting through its authorized representatives, shall ascertain the terms of contracting or employment and compensation for the MCC3 Detective and Investigator, as well as the MCSO Detective, and shall advise the President of the Township in writing of I. III. IV. First Amendment To Interlocal Agreement (C A) Page 2 of 5

3 such requirements. Subject to the foregoing limitations, the President of the Township shall be authorized to determine on behalf of the Township the amount of Township funds to be provided for such purposes, the allocation of funds between such personnel, and the timing and terms of payments to the County of such funds.. V. The increased funding authorized by this First Amendment, includes an amount of $131,471.03, representing the cost of salary and benefits, (prorated for the remainder of 2016), his vehicle (usage, fuel, and maintenance, acquisition and installation of an MDT), emergency equipment, uniforms and issued personal equipment. The parties have further determined that such increased interim funding assistance would be beneficial to both the County and the Township, the accomplishment of their respective public purposes provided for such purposes. The timing and terms of payments to the County of such funds shall remain unchanged from the initial agreement, as provided below. The Township shall remit payments for services satisfactorily performed in accordance with the Texas Prompt Payment Act, Chapter 2251, Texas Government Code. All such payments will fairly compensate the County for the services performed under this Agreement, and shall be made from the Township's current available revenues. No debt is created by this Agreement. The County agreed, as a condition to the provision of such interim funding assistance by the Township, that a written monthly activity report of cases assigned to the MCC3 Detective and the MCSO Detective would be provided to the Township, including, without limitation: (i) reports of the number of warrants processed and served, (ii) identifying, where possible, those specific transactions or cases assigned or handled by the MCC3 Detective and the MCSO Detective, and (iii) providing the disposition of each case. In addition to the foregoing items, such reports are to indicate for each case assigned to and investigated by the MCSO Detective whether it originated within or is connected to the Township. The County also agreed, as a condition to the provision of such interim funding assistance by the Township, that a quarterly accounting shall be provided by the Montgomery County Constable, Precinct 3 and the Montgomery County Sheriff of the use of any funds provided by the Township pursuant to this Agreement. These monthly activity reports and quarterly accountings shall also include the newly funded MCC3 Investigator position authorized by this First Amendment. VI. VII. VIII. This First Amendment to Interlocal Agreement shall be and remain in full force until December 31, 2016, and for so long thereafter as may be necessary to prepare and present to the Township all required reports and information pursuant to this agreement. First Amendment To Interlocal Agreement (C A) Page 3 of 5

4 This First Amendment to the Interlocal Agreement, the interim funding assistance provided by the Township, and the law enforcement services provided by the County hereunder a r e in addition to any other agreements between the Township and the County relative to the funding and provision of law enforcement services and personnel and not in lieu of such agreements. IX. EFFECTIVE the day of, 2016 THE WOODLANDS TOWNSHIP By: Don Norrell President/General Manager APPROVED AS TO FORM: Roberta Cross, Township Attorney [Signatures continue on page following] First Amendment To Interlocal Agreement (C A) Page 4 of 5

5 EXECUTED this day of, 2016 ATTEST: Mark Turnball, County Clerk COUNTY OF MONTGOMERY Craig Doyal, County Judge Mike Meador, Commissioner, Precinct 1 Charlie Riley, Commissioner, Precinct 2 James Noack, Commissioner, Precinct 3 Jim Clark, Commissioner, Precinct 4 ACKNOWLEDGED AND AGREED as to Paragraph III CHILDREN S SAFE HARBOR By: Date Victoria J. Constance Executive Director First Amendment To Interlocal Agreement (C A) Page 5 of 5