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HomeMy WebLinkAboutResolution - 2017-R0410 - TAG Center - Texas Anti-Gang Center - 11/02/2017Resolution No. 2017-RO410 Item No. 6.12 November 2, 2017 RESOLUTION WHEREAS, the region surrounding and including Lubbock County, Texas has become a primary center for gangs and other organizations engaged in serious criminal activity; WHEREAS, multiple law enforcement agencies at the federal, state, and local level have responsibility for the investigation and prosecution of these criminal organizations; WHEREAS, cooperation among these different law enforcement agencies in addressing the threat posed by criminal organizations furthers the ability of these agencies to fulfill their mission, which, consequently, furthers the public good; WHEREAS, to enhance this cooperation, the agencies listed herein have agreed to establish the Texas Anti -Gang Center ("TAG CENTER"), a state-of-the-art facility in which representatives from multiple law enforcement agencies will collocate in order to more efficiently and effectively cooperate and collaborate on intelligence, and investigatory activities related to combating the shared threat of criminal organizations operating in and affecting the region; and WHEREAS, the mission of the TAG CENTER LUBBOCK is to further the ability of law enforcement agencies to identify, deter, disrupt, and dismantle criminal organizations operating in or affecting Lubbock, Texas and the surrounding region; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE, CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute the Texas Anti -Gang Center — Lubbock ("TAG Center — Lubbock") Agreement, an interlocal agreement by and between: The City of Lubbock (on behalf of the Lubbock Police Department and the Lubbock City Attorney's Office); Lubbock County, Texas, (on behalf of the Lubbock County Sheriff and the Lubbock County Criminal District Attorney); The State of Texas (on behalf of the Texas Department of Public Safety, Region 1("DPS")); and The United States of America (on behalf of the U.S. Department of Justice, Drug Enforcement Administration, Dallas Division ("DEA"), and the U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Homeland Security Investigations, Dallas Field Office ("HSI")). Said Agreement and any associated documents, are attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this 2nd day of November , 2017. DANIEL M. POPE, MAYOR ATTEST: eap,e-e - , -,k Re cca Garza, City Secret APPROVED AS TO CONTENT: Gre tevens, Chief of Police APPROVED S TO CONTENT: Chad Weaver, City Attorney APPROVED AS TO FORM: S:\cityatt\CCDOCS\RES.TAG Center - Lubbock.2017.doc Resolution No. 2017-RO410 LOCAL ADMINISTRATIVE AGREEMENT BETWEEN THE CONSTITUENT AGENCIES OF THE TEXAS ANTI -GANG CENTER LUBBOCK (TAG CENTER — LUBBOCK) Introduction The region surrounding and including Lubbock County, Texas has become a primary center for gangs and other organizations engaged in serious criminal activity. Multiple law enforcement agencies at the federal, state, and local level have responsibility for the investigation and prosecution of these criminal organizations. Cooperation among these different law enforcement agencies in addressing the threat posed by criminal organizations furthers the ability of these agencies to fulfill their mission, which, consequently, furthers the public good. To enhance this cooperation, the agencies listed herein have agreed to establish the Texas Anti -Gang Center ("TAG CENTER"). The TAG CENTER - LUBBOCK will be a state-of-the-art facility in which representatives from multiple law enforcement agencies will collocate in order to more efficiently and effectively cooperate and collaborate on intelligence, and investigatory activities, related to combating the shared threat of criminal organizations operating in and affecting the region. Collocation of law enforcement agencies at the TAG Center - Lubbock will allow the agencies to coordinate their individual operation activities. 11. Purpose A. General Purpose. The purpose of this interlocal agreement ("Agreement") is to set forth the terms by which the agencies that are parties hereto agree to establish the TAG CENTER - LUBBOCK and to govern their shared use of the facility. B. Existing Provisions Continue, This Agreement is not intended as, and should not be construed as, altering or superseding any existing agreement, memorandum, policy, or legal authority concerning any of the parties to this Agreement. C. No Creation of Legal Rights. This Agreement is an accord among the parties hereto and is not intended as, and should not be construed as, creating or conferring on any person or entity any right or benefit, substantive or procedural, enforceable at law or equity, against any agency that has a physical presence at the TAG CENTER - LUBBOCK or that otherwise is interacting with such agencies, or the officers, directors, employees, representatives, agents, detailees, contractors, successors, or assigns thereof. D. No New Legal Entity. As described herein, the TAG CENTER - LUBBOCK is established as a common physical environment to facilitate the effective and efficient cooperation and collaboration between multiple law enforcement agencies with respect to a common subject matter. The TAG CENTER - LUBBOCK is a shared project of the individual agencies maintaining a physical presence there, subject to the terms of this Agreement, and is not a separate or distinct legal entity -whether agency, office, COOPERATIVE WORKING AGREEMENT — PAGE 1 component, corporation, or otherwise. This Agreement is not intended to, and shall not be construed to create any joint enterprise between or among the parties. II1. Mission Statement The mission of the TAG CENTER - LUBBOCK is to further the ability of law enforcement agencies to identify, deter, disrupt, and dismantle criminal organizations operating in or affecting Lubbock, Texas and the surrounding region by providing a common physical environment equipped with the most advanced technology in which multiple law enforcement agencies will be able to more efficiently and effectively cooperate and collaborate on intelligence, and investigatory activities related to combating this shared threat. Collocation of law enforcement agencies at the TAG Center - Lubbock will allow the agencies to coordinate their individual operation activities. IV. Structure A. Included Agencies. Eligibility to establish a physical presence at the TAG CENTER - LUBBOCK and to participate in its administration is restricted to those agencies that are designated a "Constituent Organization" pursuant to the terms of this Agreement. The following agencies are hereby designated Constituent Organizations: (1) The City of Lubbock, Texas, by and through the Lubbock Police Department and the Office of the City Attorney; (2) Lubbock County, Texas, by and through the Lubbock County Sheriff's Office and the Lubbock County Criminal District Attorney's Office; (3) The State of Texas, by and through the Texas Department of Public Safety, Region 1("DPS"); and (4) The United States of America, by and through the U.S. Department of Justice, Drug Enforcement Administration, Dallas Division ("DEA"), and the U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Homeland Security Investigations, Dallas Field Office ("HSI"); B. Governance. The TAG Center - Lubbock shall be managed by the following board and working groups. (1) Executive Board. Ultimate governance of the TAG CENTER - LUBBOCK is vested in an Executive Board ('Board") comprised of a designated representative of each of the Constituent Organizations, each having an equal vote on all matters before the Board. The Board has authority to take any action with respect to the TAG CENTER - LUBBOCK that is not inconsistent with this Agreement, the authority of the Board member, and applicable law. COOPERATIVE WORKING AGREEMENT — PAGE 2 (2) Informal Working_ Groups. To facilitate a productive and organized working environment, the Constituent Organizations may choose to form Informal Working Groups to discuss issues of common interest. Informal Working Groups do not require the approval of the Board to be formed, and shall not have management authority for purposes of this Agreement or the authority to make a binding decision on behalf of the TAG CENTER - LUBBOCK Board, Informal Working Groups may make recommendations to the Board, but any such recommendations will be considered only if the Informal Working Group included representatives from each of the Constituent Organizations. (3) General Provisions. The Board shall meet at least once every quarter or as needed. Any Informal Working Groups shall meet at least once every one (1) month, or as needed. The minimum quorum for all meetings shall be three - fourths (3/4's) of all members of the Board or Informal Working Group, as applicable. The Board and Informal Working Groups shall strive in all cases to make any decisions through unanimous consensus, but may approve matters before it by a vote of three -fourths (3/4's) of the Constituent Agencies. An individual cannot vote by proxy through another agency, but may do so by designating a specific individual from their own agency to serve as a proxy for that member, so long as the designated proxy will have the same authority to act on behalf of the Constituent Organization as would the member. C. Administrator. Subject to availability of funding, the TAG CENTER - Lubbock shall have an Administrator. The Administrator shall be responsible for ensuring the day to day functions of the TAG CENTER - Lubbock, including overseeing facilities, equipment, and security. The Administrator shall also oversee all reporting in connection with any grant awards and shall perform any other duties assigned to it by the Executive Board. The Administrator shall not have any operational or command authority over any of the Constituent Organizations or any employee or contractor thereof. For purposes of payroll, benefits, insurance, and other compensation, the Administrator shall be an at -will employee of Lubbock County, Texas. The Executive Board shall select or approve the selection of the Administrator, provided the Administrator meets the usual requirements for employment by Lubbock County, Texas. The Executive Board shall also oversee the Administrator's performance. D. Agency Personnel. Each Constituent Organization shall be entitled to have employees or contractors from its respective staff working at the TAG CENTER - LUBBOCK in such numbers as are approved by the Board. Individuals working at the TAG CENTER - LUBBOCK remain as employees or contractors of the sending organization, and subject to the sending organization's exclusive control. Any Constituent Organization may include, among its allotment of personnel, individuals who are employees or contractors of another governmental entity that is not a Constituent Organization if such individuals are, pursuant to a separate agreement, detailed to the sending Constituent Organization, or subject to the control of the sending Constituent Organization, as part of a joint task force or multi - COOPERATIVE WORKING AGREEMENT - PAGE 3 agency operational unit. In such cases, the sending Constituent Organization shall be responsible for any such individuals to the same extent as personnel of the sending Constituent Organization that are working at the TAG CENTER - LUBBOCK. V. Commitments of the Constituent Organizations Each Constituent Organization commits to act with a general spirit of cooperation and collaboration with the other Constituent Organizations by: A. Identifying and pursuing opportunities to improve the sharing of information in its possession that is related to the mission of the Constituent Organizations; B. Identifying and pursuing opportunities to collaborate with other Constituent Organizations on the gathering, analysis, and reporting of intelligence related to criminal organizations operating in or affecting the region; and C. Identifying and pursuing opportunities to coordinate with other Constituent Organizations on the prioritization, planning, execution, and review of investigations and operational activities related to the mission of the other Constituent Agencies, with the goal of maximizing the disruption of activities that pose a danger to the public, ensuring the successful prosecution of those committing criminal offenses, and increasing intelligence on criminal organizations operating in or affecting the region. VI. Activities Notwithstanding any coordination or cooperation that may occur between the Constituent Organizations, any activity that is conducted by any of the Constituent Organizations, including any individuals working at the TAG CENTER - LUBBOCK, is performed exclusively pursuant to the respective Constituent Organization's independent authorities (including any separate agreements for creation of joint task forces or similar multi -agency operational units). This Agreement does not transfer or bestow any legal authorities to any individual or entity, provide for the deputizing of any individual or entity, or establish any unified or shared chain -of -command. Nothing in this Agreement authorizes any Constituent Organization, or any group of Constituent Organizations, to require any other Constituent Organization to undertake any operational, investigatory, or intelligence -related activity. Nothing in this Agreement, however, should be construed as precluding any Constituent Organization from creating task forces or similar multi -agency operational units through separate agreement. VII. Information Management A. Further Dissemination of Information. Unless otherwise provided for by law or separate agreement, any information shared at the TAG Center - Lubbock or by or among any Constituent Organization may not be further disseminated without the express consent of the Constituent Organization from which the information originated. COOPERATIVE WORKING AGREEMENT - PAGE 4 B. Information Requests. Each Constituent Organization remains individually responsible for processing any external requests for information that is directed to it, whether such request is pursuant to state open records or federal freedom of information laws, discovery in the context of legal proceedings, or otherwise. To the extent such requests encompass information that originated from another Constituent Organization, the Constituent Organization processing that request shall consult with the Constituent Organization from which the information originated prior to releasing the information. The Administrator shall be notified of all information requests that are received by any Constituent Organization and which concern activities being conducted or coordinated at the TAG Center - Lubbock, so that the other Constituent Agencies may be made aware of the dissemination of the information. This Agreement is public information. To the extent, if any, that any provision of this Agreement is in conflict with Tex. Gov't. Code Ann. Chapter 552 et seq., as amended (the "Texas Public Information Act") the same shall be of no force and effect. C. Media Communications. The Board may designate one of the Constituent Organizations or a specific individual to serve as the primary media point -of- contact for the TAG CENTER - LUBBOCK such designations may be made on a case -by -case basis to correspond with specific activities. Any statements or releases of information to the media or responses to media inquiries on behalf of the TAG CENTER - LUBBOCK shall be made exclusively by the Board's designated point -of- contact, or, if none, by the Lubbock County Sheriff's Office. Each Constituent Organization, however, independently may make a statement or release of information to the media or respond to media inquiries with respect to any activities of the respective organization that relate to the TAG CENTER - LUBBOCK. In reporting on the activities of the Constituent Agencies, care should be taken not to suggest that the TAG Center - Lubbock is either a law enforcement agency or a governmental entity. VIII. Facilities, Equipment, and Supplies A. Use and Control. The Board may specify terms or conditions regarding the use and disposition of any facilities, equipment, or supplies that are provided for common use by the Constituent Organizations at the TAG CENTER - LUBBOCK, subject, however, to any existing legal rights regarding the ownership or control of any such facilities, equipment, or supplies. Nothing in this Agreement authorizes any Constituent Organization to exercise any control over the property of another Constituent Organization without consent merely because such property is located at the TAG CENTER - LUBBOCK. B. Security of the TAG Center - Lubbock Facility. Due to the sensitive law enforcement work that is to be performed at the TAG CENTER - LUBBOCK, dissemination by the Constituent Organizations (including any employee or contractor thereof) of details regarding the activities being conducted or coordinated at the TAG CENTER - LUBBOCK that could compromise the security of law enforcement personnel or law enforcement activity, including dissemination of the TAG CENTER - LUBBOCK's location, security features, and technological capabilities, should be limited to those individuals with a mission -related COOPERATIVE WORKING AGREEMENT — PAGE 5 need to know. No Constituent Organization may allow the physical presence of any arrestees, suspects, informants, witnesses, or victims at the TAG CENTER - LUBBOCK. IX. Funding A. TAG CENTER - LUBBOCK. Initial funding for the TAG CENTER - LUBBOCK is to be provided by grant funds awarded to the Lubbock County Sheriff's Office. Except as otherwise provided in this Agreement, no Constituent Organization is obligated to provide funding in support of the TAG CENTER - LUBBOCK. B. Personnel. Activities. and Basic Equipment. Individuals working at the TAG CENTER - LUBBOCK remain as employees or contractors of the sending organization, and, as such, the sending organization retains full responsibility for providing any compensation and benefits owed to its personnel for work performed at the TAG CENTER - LUBBOCK. Each Constituent Organization shall bear its own costs in performing any activity at the TAG CENTER - LUBBOCK, and will not seek reimbursement from any other Constituent Organization. Each Constituent Organization remains responsible for providing at its own cost any basic equipment or supplies to its personnel working at the TAG CENTER - LUBBOCK that are necessary for those individuals to perform their duties, to the extent such equipment or supplies are not otherwise provided. C. Enhanced Security or Specialized Equipment To the extent any Constituent Organization requires its allotted physical space at the TAG CENTER - LUBBOCK to be enhanced with additional security features or requires any specialized equipment or supplies beyond that which is provided to all Constituent Organizations, such enhancements or additional materials shall be provided at the sole cost of the organization requiring it. D. It is the intent of the Constituent Agencies to this Agreement that all funding for the TAG Center — Lubbock shall be derived from grant funding and not by general appropriations from the governing bodies of the Constituent Agencies. Nevertheless, each Constituent Organization paying for the performance of governmental functions or services must make those payments from current revenues available to that paying Constituent Organization. The Constituent Organizations understand and acknowledge that the funding of this Agreement is contained in each Constituent Organization's annual budget and is subject to the approval of each Constituent Organization in each fiscal year during the term of this Agreement. The Constituent Organizations further agree that should the governing body of any of the Constituent Organizations fail to approve a budget which includes sufficient funds for the continuance of this Agreement, or should the governing body of any of the Constituent Organizations fail to certify funds for any reason, then and upon the occurrence of such event, this Agreement shall terminate as to that Constituent Organization and the Constituent Organization shall then have no further obligation to the any of the other Constituent Organizations. When the funds budgeted or certified during any fiscal year by a Constituent Organization to discharge its obligations under this Agreement are expended, any other Constituent Organization's sole and exclusive remedy shall be to terminate this Agreement. COOPERATIVE WORKING AGREEMENT — PAGE 6 X. Liability and Indemnification Each Constituent Organization is responsible for its own actions, including that of its personnel that are performed at the TAG CENTER - LUBBOCK. Any liability arising from the actions of a Constituent Organization shall be borne solely by the organization that performed the action creating the liability. Nothing in this Agreement is intended create any personal liability on the part of any employee, officer or agent of any public body that may be a party to this Agreement. The Constituent Organizations who are parties to this Agreement who are also political subdivisions of the State of Texas expressly acknowledge that their authority to indemnify and/or hold harmless any other entity is governed by Article XI, Section 7 of the Texas Constitution and any provision which purports to require indemnification by any Constituent Organization which is a political subdivision of the State of Texas is invalid. XI. Lead Organization Any actions that must be performed on behalf of the TAG CENTER - LUBBOCK and that are not clearly the responsibility of any individual Constituent Organization and cannot be performed by the Administrator shall be, unless otherwise provided by the Board, the responsibility of the Lubbock County Sheriff's Office as the initial grant recipient. XII. Effective Date This Agreement shall take effect upon execution by each of the Constituent Organizations. This Agreement may be executed in multiple counterparts and by facsimile transmission. XIII. Amendments and Termination Any amendments to this Agreement must be in writing and signed by all Constituent Organizations. This Agreement shall renew automatically for two successive years after the initial year (a total of three years) unless terminated earlier in writing signed by all Constituent Organizations or upon dissolution of the TAG CENTER — LUBBOCK as provided herein. Termination of this Agreement by Lubbock County, Texas shall be in conformity with the provisions of any grants made by the State of Texas to Lubbock County, Texas. If this Agreement is terminated by Lubbock County, Texas, then Lubbock County, Texas agrees to cooperate with and assist the remaining Constituent Agencies if they desire to have any grants reassigned to one or more of them so that TAG CENTER — LUBBOCK can continue to operate. XIV. Addition to and Withdrawal from the TAG CENTER - LUBBOCK A. Additions. Additional agencies may be invited to become a Constituent Organization of the TAG CENTER - LUBBOCK. Any additions to the list of Constituent Organizations provided herein may occur by a written addendum to this Agreement signed by all existing Constituent Organizations and the joining organization, rather COOPERATIVE WORKING AGREEMENT — PAGE 7 than through amendment to this Agreement. In the event any additional agencies agree to become a Constituent Organization of the TAG CENTER - LUBBOCK, the joining organization shall be considered a Constituent Organization for purposes of this Agreement, any reference to "Constituent Organizations" in this Agreement shall be construed as including the joining organization, and any policies or procedures previously adopted and applicable to all Constituent Organizations shall be equally applicable to the joining organization. B. Withdrawal. Any of the Constituent Organizations may withdraw from the TAG CENTER - LUBBOCK upon thirty (30) days written notice to the Board. Upon the effective date of the withdrawal, the withdrawing organization shall no longer be considered a Constituent Organization for purposes of this Agreement, and any reference to "Constituent Organizations" in this Agreement shall be construed as not including the withdrawn organization. Any withdrawing organization also shall return or surrender to the Board any equipment or supplies paid for with TAG Center - Lubbock -specific grant funding upon the effective date of the withdrawal. XV. Duration of the TAG CENTER - LUBBOCK The TAG CENTER - LUBBOCK shall continue in effect until dissolved by any of the following actions: A. Written agreement signed by all Constituent Organizations; B. Operation of law; or C. The passage of three (3) years following the effective date of this Agreement, unless the Constituent Organizations extend the duration of the TAG CENTER - LUBBOCK, which may occur by a written addendum to this Agreement approved by all Constituent Organizations then existing. XVI. Seized or Forfeited Property All forfeited property seized by a Constituent Organization shall be administered by the attorney representing the state (e.g., the Lubbock County Criminal District Attorney), acting as the agent of the state, in accordance with accepted accounting practices and with the provisions of the local agreement entered into between the attorney representing the state and the Constituent Organization who seized the property, pursuant to art. 59.06 of the Texas Code of Criminal Procedure. Nothing in this Agreement authorizes property to be seized by or forfeited to the TAG CENTER — LUBBOCK or alters the terms of the local agreement(s) entered into pursuant to art. 59.06 between a Constituent Organization and the attorney representing the state. EXECUTED IN MULTIPLE DUPLICATE COUNTERPARTS THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK COOPERATIVE WORKING AGREEMENT — PAGE 8 FOR LUBBOCK COUNTY, TEXAS: BY: THOMAS V. HEAD, COUNTY JUDGE ATTEST: KELLY PINION, COUNTY CLERK APPROVED AS TO CONTENT: KELLEY ROWE, SHERIFF APPROVED AS TO CONTENT: mm MATTHEW D. POWELL, CRIMINAL DISTRICT ATTORNEY APPROVED AS TO FORM: mm NEAL BURT, ASSISTANT CRIMINAL DISTRICT ATTORNEY, CIVIL DIVISION COOPERATIVE WORKING AGREEMENT - PAGE 9 FOR THE CITY OF LUBBOCK, TEXAS: BY: , DANIEL M. POPE, MAYOR ATTEST: BY: A 4A4 A f f B. C A G RZA, C Y SECRETARY APPROVED AS TO CONTENT: BY: GRYO STEVENS, CHIEF OF POLICE APPROVED AS TO CONTENT: BY: �� /v-'� CHAD WEAVER, CITY ATTORNEY u COOPERATIVE WORKING AGREEMENT - PAGE 10 FOR THE STATE OF TEXAS, (ON BEHALF OF TEXAS DEPARTMENT OF PUBLIC SAFETY, REGION 1): BY: ATTEST: BY: APPROVED AS TO CONTENT: BY: APPROVED AS TO FORM: BY: COOPERATIVE WORKING AGREEMENT - PAGE 11 FOR THE UNITED STATES OF AMERICA, (ON BEHALF OF THE U.S. DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION, DALLAS DIVISION; AND THE U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, HOMELAND SECURITY INVESTIGATIONS, DALLAS FIELD OFFICE): ATTEST: BY: APPROVED AS TO CONTENT: BY: APPROVED AS TO FORM: BY: COOPERATIVE WORKING AGREEMENT - PAGE 12