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HomeMy WebLinkAboutResolution - 5404 - Interlocal Cooperation Agreement - Spur, Dickens County, Texas - SPRNTF - 01_23_1997RESOLUTION NO. 5404 Item #25 January 23, 1997 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Cooperation Agreement for law . enforcement purposes for the investigation and prevention of narcotic and drug related criminal activity and to provide enforcement of the narcotic and drug related laws of the State of Texas within the South Plains Region, by and between the City of Lubbock and the City of Spur, County of Dickens, State of Texas. Said Agreement is attached hereto and shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 23rd day of January , 19%.7 ALEX "T`�" COOKE MAYOR P O TEMPORE ATTEST: Kaytlu Darnell, City Secretary APPROVED AS TO CONTENT: Ken A. Walker, Chief of Police AS TO FORM: Ir , Assistant City Attorney da/ccdocs/spur.res November 11, 1996 RESOLUTION NO.5404 Item #25 January 23, 1997 SOUTH PLAINS REGIONAL NARCOTIC TASK FORCE AGREEMENT THIS AGREEMENT is entered into on this 18 th day of October, 1926, by and between the City of Lubbock, Texas, (hereinafter referred to as "Coordinating Agency") and City/ County of Spur Texas, (hereinafter referred to as "Participating Agency"), both parties being political subdivisions and local governments or agencies of the State of Texas, pursuant to the authority granted and in compliance with the provisions of the Interlocal Cooperation Act, Chapter 791 of the Government Code of the State of Texas, and the provisions of Chapter 362 of the Local Government Code of the State of Texas and in furtherance of the responsibilities of said parties provided by law with regard to the investigation of narcotic and drug related criminal activity and enforcement of narcotic and drug related laws of this state. NOW TMIEFORE, IT IS MUTUALLY AGREED BY THE PARTIES THAT: I. DEFINITIONS. 1) "law enforcement officer" shall mean any city police officer, Department of Public Safety Officer, sheriff, deputy sheriff, constable, deputy constable or. marshal; 2) "participating agency" means a county, municipality, or state agency which is a party to this Agreement and signatory to this Agreement; 3) "municipality" means any city or town, including a home rule city or a city operating under the general law or special charter; 4) "chief law enforcement officer" means the Chief of Police of a municipality, the sheriff of a county, or the local officer in authority of the Department of Public Safety; . 5) "chief administrative officer" means the mayor or city manager of a municipality or the county judge of a county or the corresponding officer of the Department of Public Safety; II. PURPOSE. The purpose of this Agreement is to: allow the parties to the Agreement to cooperate in the investigation and prevention of narcotic and drug related criminal activity; to provide for enforcement of the narcotic and drug related laws of this State within the South Plains Region; and, to allow the Coordinating Agency to provide law enforcement assistance to the Participating Agency, so as to protect life, health and property. Funding for such operations initially shall be supplemented by a federally funded grant in connection with the Governor's Anti -Drug Abuse Program, which will be administered by the coordinating agency. Such federal funding may or may not be continued in the future. The specific purposes of this Agreement include cooperation in the following areas: A) intelligence activities and other law enforcement activities on narcotic trafficking; B) maintenance of an effective communication network with participating agencies; C) administration of a supplies account for use by both the Coordinating and Participating Agencies; and D) assurance of compliance with the requirements of the Governor's Anti -Drug Abuse Program. III. AUTHORIZATION. (1.) This Agreement shall be duly authorized by the governing body or equivalent of each party as evidenced by the signatures of each chief administrative officer who has signed below. Failure of a governing body to duly authorize this agreement shall render this agreement null and void. (2.) The authority of the parties pursuant to this Agreement includes the authority to apply the rules, regulations, ordinances and procedures of the Participating Agency requesting assistance. IV. DUTIES. 1) The Coordinating Agency may assign its law enforcement officers including equipment and supplies, to perform narcotic and drug related law enforcement duties outside the Coordinating Agency's territorial limits, subject to the Coordinating Agency's determination of availability of personnel and discretion as to participation, when: (1.) requested by the chief law enforcement officer, or his designee, of a Participating Agency; and (2.) the chief law enforcement officer, or his designee, of the Coordinating Agency has determined, in his sole discretion, that the assignment is necessary for the investigation of narcotic and drug related criminal activity and for narcotic and drug related law enforcement. (2.) The Participating Agency may request assistance by the Coordinating Agency's six -member task force team, special equipment or supplies, which request shall include a statement of the amount and type of equipment or supplies and personnel required and shall specify the location to which such equipment or supplies and personnel are to be dispatched. All such requests shall be for narcotic and drug related law enforcement activities and in accordance with all applicable requirements of the Governor's Anti -Drug Abuse Program. V. WAGES AND ENTITLEMENTS. A law enforcement officer who is ordered to perform police duties under this Agreement outside the limits of the Coordinating Agency's jurisdiction shall be entitled to the same wage, salary, pension, and other compensation and rights, including injury or death benefits, as if the service were rendered in the jurisdiction of the officer's regular employment. The officer is also entitled to payment for any reasonable expenses incurred for travel, food or lodging while on duty outside the territory of the officer's regular employment. The agency regularly employing the officer shall pay all wages and disability payments, pension payments, damages to clothing and equipment, medical expenses and travel, food and lodging expenses. VI. RESPONSIBILITIES. (L) Law enforcement officers responding to a request for assistance made pursuant to this Agreement shall do so under the direction and supervision of the designated official of the party requesting the assistance. Said officers shall possess all of the powers of a law enforcement officers of the party requesting assistance, as fully as though the requested officers were within the jurisdictional limits of the governmental 4 entity where they are regularly employed. Their qualifications for office where they are regularly employed shall constitute their qualifications for office within the jurisdictional limits of the party requesting assistance, and no other oath, bond or compensation shall be required. (2.) Law enforcement officers responding to a request for assistance made pursuant to this a Agreement, when traveling to or from the location where assistance is required, shall be deemed to be employed by the responding agency. VII. WAIVER AND INDEMNIFICATION. (1) All immunities from liability enjoyed by each party within its own territorial limits and jurisdiction shall extend to its participation in rendering aid or assistance pursuant to this Agreement outside its territorial limits and jurisdiction unless otherwise provided by law. (2) All immunities from liability and exemptions from laws, ordinances and regulations which law enforcement officers employed by the parties have in their own jurisdictions shall be effective in the jurisdiction in which they are providing assistance under this Agreement unless otherwise prohibited by law. (3) The Participating Agent, requesting assistance pursuant to this Agreement shall indemnify and hold harmless the Coordinating Agent from all claims by third parties for property damage or personal injury which may arise out of activities undertaken to provide for assistance under this Agreement. In lawsuits in which either party may be liable in part or in total for the payment of damages, such party to this Agreement may intervene in the cause of action to protect its interest. This Agreement contains all commitments and agreements of the parties and no other oral or written commitments shall have any force or effect if not contained herein. Any proposed amendments shall not become effective until approved in writing by both parties to this Agreement. IX. TERMS AND EFFECTIVE DATE. This Agreement shall become effective upon approval by the governing body or equivalent of both parties and signing by the authorized and designated agents of each party. It shall remain in effect until terminated by either party by delivery of a thirty (30) days written notice thereof to the other party. X. VENUE. Each party agrees that if legal action is brought under this Agreement, exclusive venue shall lie in Lubbock County, Texas. M. REIMBURSEMENTS. A party paying for the performance of governmental functions or services pursuant to this Agreement shall make payments therefore from current revenues available to the paying party and be in an amount that fairly compensates the performing party for the services or functions performed under this Agreement. All parties hereto agree that although Chapter 362 of the Local government Code allows the responding party to seek reimbursement for services from the requesting party, no party hereto shall request or seek reimbursement for any claim, damage or expense of any nature whatsoever arising out of the performance of activities under this Agreement, subject however, to the rights of the Coordinating Agent to indemnification as set forth at part Yll above. 0 XII. GUIDELINES. A copy of the South Plains Regional Narcotics Task Force Operation Guidelines for performance of this Agreement are attached hereto as Exhibit A and the provisions thereof are incorporated herein by reference thereto, and made a part hereof for all intents and purposes, except that any property seized in the City of M r through the use of the Task Force personnel, equipment or funds shall be forfeited to the Task Force and the City of fir on a pro rata basis, determined upon the percent of participation in such seizure by the personnel, equipment supplies or funds of the Task Force and the percent of participation in such seizure by the City of Spur. XIII. SAVINGS CLAUSE. In the event that one or more 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 of this Agreement and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this Agreement. IN WITNESS WHEREOF, the parties to this Agreement have executed this Agreement as of the effective date written below, each respective party acting by and through its governing body and authorized agent in the manner required by each parry's charter or as otherwise required by law, on the date hereinbelow specified. SIGNED THIS 22nd day of October . 1996. 7 PARTICIPATING AGENCY, City of Spur Police Dept. Name of City County or Agency Chief of Police Title ATTEST: Secretary, Betty Ashley COORDINATING AGENCY (CITY OF B OC ): Ty ALIM "TY" t001M, MYORZ-M TM ATTEST: Kayth Darnell, City Secretary - APPROVED AS TO CONTENT: Ken A. Walker, Chief of Police APPROVED AS TO FORM: Assistant City mn y SOUTH PLAINS REGIONAL NARCOTICS TASK FORCE OPERATIONAL GUIDELINES CONFIDENTIAL INFORMANTS Information purchased from confidential informants may be paid with Task Force funds only under the following conditions: 1. The confidential informant must be documented by meeting with an agent of the Task .Force. A Task Force Personal History Report will be completed on the informant. The confidential informant will be finger printed and a signature obtained. The informant will be photographed. The confidential informant will be required to sign a Task Force Working Agreement. 2. Upon receipt of funds for information, the confidential informant will be required to sign a Task Force Receipt. Twenty-five percent (25%) of the transactions involving paid informants must be witnessed by an agent of the Task Force. Ten percent (10%) of the transactions involving paid informants must be witnessed by the Task Force Supervisor. 3. Persons currently on parole, probation, or those persons under 18 years of age may not be used as a paid confidential informant without obtaining a proper court order. FUNDS FOR THE PURCHASE OF NARCOTICS Task Force funds may be used for the undercover purchase of narcotics only under the following conditions: An officer of the member agency or Task Force must complete and sign an Expenditure Authorization form. 2. If a planned narcotic purchase is not completed, all funds must be returned to the Task Force within seven (7) days from the date of disbursement. EQUIPMENT Task Force equipment may be used by only member agencies provided: An officer of the member agency signs for the use of the equipment and accepts responsibility for the equipment. lost or damaged equipment must be repaired or replaced by the member agency which accepted responsibility for use of the equipment. 2. Unless approved by the Task Force Supervisor, equipment must be returned within seven (7) days from the date of issuance. INTELLIGENCE INFORMATION Agents of the Task Force will assist any member agency with applicable forfeiture proceedings, provided: 1. Assets or property seized through the use of Task Force personnel, equipment or funds must be forfeited to the Task Force. 2. A Task Force Seizure form should be completed and forwarded to the Task Force within seven (7) days from the date that forfeiture proceedings are initiated. USE OF TASK FORCE PERSONNEL Agents of the Task Force may assist any member agency in any narcotic operation, provided: 1. The responsible person of the member agency has signed a Mutual Aid Agreement with the City of Lubbock. 2. At least one officer of the requesting member agency must be actively involved in the operation in the requesting agency's jurisdiction. 10