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HomeMy WebLinkAboutResolution - 2744 - Interlocal Cooperation Agreement - Lubbock County - Law Enforcement Purposes - 02_11_1988Resolution #2744 February 11, 1988 Item 22 DGV:da RESOLUTION 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 by and between the City of Lubbock and Lubbock County, Texas, attached herewith, which 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 11th day of February , 1988. 'B.C. McMINN, MAYOR e boya, city becretar APPROVED AS TO CONTENT: Thomas J. Nichols, Chief of Police APPROVED AS TO FORM: Do'n-ald G. Vandiver, First Assistant City Attorney Res. 2744 INTERLOCAL COOPERATION AGREEMENT STATE OF TEXAS i COUNTY OF LUBBOCK THIS AGREEMENT is entered into on the 11th day of February , 1988, by and between Lubbock County, Texas (hereafter referred to as "County") and the City of Lubbock, Texas (hereafter referred to as "City"), both parties being political subdivisions and local governments of the State of Texas, pursuant to the authority granted and in with the provisions of the Interlocal Cooperation Act, Article 4413 (32c) Tex. Rev. Civ. Stat. Ann. (Vernon's 1976) Chapter 362 of the Local Government Code of the State of Texas and in furtherance of the responsibilities of said parties as provided under the law. I. DEFINITIONS rw (1) "local government" means a county; a home rule city, village, or town organized under the general laws of this state; a special district; a school district; a junior college district; any other legally constituted political subdivision of the State of Texas or any adjoining state; or a combination of political subdivisions. (2) "governmental functions and services" means all or part of any function or service included within the following general areas: police protection and detention services; fire protection; streets, roads,and drainage; public health and welfare; parks; recreation; library services; museum services; waste disposal; planning; engineering; administrative functions; and such other functions which are of mutual concern to the contracting parties. (3) "administrative functions" means functions normally associated with the routine operation of government such as tax assessment and collection, personnel services, purchasing, data processing, warehousing, equipment repair, and printing. (4) "law enforcement officer" - means any police officer, sheriff, deputy sheriff, constable, deputy constable, marshal, deputy marshal, Department of Public Safety officer, or any other person commissioned as a peace officer under the laws of this State. (5) "party" - means a county, municipality, state agency, or other political subdivision of this State who either requests mutual aid pursuant to this Agreement or responds to such request for aid and is signatory to this Agreement. (6) "municipality" - means any city or town, including a home rule city operating under the general law or a special charter. (7) "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. (8) "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. PURPOSES The purpose of this Agreement is to cooperate in the investigation and prevention of criminal activity and enforcement of the laws of this State and to provide additional law enforcement assistance and mutual aid to protect health, life and property and to offer police protection and services within the bounds of Lubbock County. 2 The services performed and expenditures made pursuant to this Agreement shall.be deemed for public and governmental purposes. The specific purposes of the Agreement include cooperation in the following areas: (1) Investigation and search of crime scenes. (2) Execution of duly authorized search warrants. (3) Execution of duly authorized arrest warrants. (4) Apprehension of felons or fugitives from justice. III. AUTHORIZATION (1) This Agreement shall be duly authorized by the governing body of each party as evidenced by the signatures of each chief administrative officer who signed herein. If a governing body fails to authorize such Agreement; then this Agreement shall be considered null and void. (2) Each party paying for the performance of governmental functions or services pursuant to this Agreement shall make payments therefor from current revenues available to the paying party. (3) The authority of the parties pursuant to this Agreement includes the authority to apply the rules, regulations, ordinances and procedures of the party requesting assistance. IV. DUTIES (1) The party from whom assistance is requested, shall provide such assistance: (A) when the request is made by the chief law enforcement officer of the requesting party or his designee and 3 (B) if the assignment falls within the purposes as set forth in this Agreement and (C) when the provision of the requested services does not unduly weaken police protection capabilities within the jurisdiction of the party from whom the services are requested in the judgment of the chief law enforcement officer receiving the request, whose decision shall be final. (2) Any request for assistance under this Agreement shall include the number and type of personnel requested, and the amount and type of equipment requested. It shall further specify the location to which personnel and equipment are to be dispatched. The chief law enforcement officer or his designee of the party from whom assistance is requested shall provide such assistance as he deems appropriate in accordance with §(1) above. (3) In the event the responding party's dispatched equipment or personnel is needed within jurisdiction providing assistance, the chief law enforcement officer for that jurisdiction may recall such personnel and equipment as are necessary, in his judgment, to provide proper police protection capabilities within his jurisdiction. V. RESPONSIBILITIES (1) Each party's chief law enforcement officer shall designate the appropriate official or officials within its jurisdiction who is or are empowered to request and respond to requests for assistance made pursuant to this Agreement. Each party shall provide the other with the name, address, title or position, and telephone number of each designated official. The same information shall be provided for the official authorized to direct mutual aid activities under the Agreement, if different from the above mentioned officials. (2) A law enforcement officer who is ordered by the official designated by the governmental body of the county or municipality to perform police duties outside the limits of that county or municipality where regularly employed 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 county or municipality 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 county or municipality regularly employing the law enforcement officer shall pay all wages and disability payments, pension payments, damages to equipment and clothing, medical expenses, and travel, food and lodging expenses. The county or municipality whose authorized official requested the services shall reimburse the responding county or municipality for costs after the payment is made and reimbursement is requested. For purposes of this Agreement, the costs subject to reimbursement are medical and disability payments, reasonable travel costs, and damage to equipment and clothing sustained outside the territory of the officer's -regular employment. Each county or municipality may make these payments 5 and reimbursements regardless of any provision in its Charter or Ordinances to the contrary. (3) 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 officer shall possess all of the powers of a regular law enforcement officer of the party requesting assistance, as fully as though he were within the territorial limits of the governmental entity where he is regularly employed. His qualifications for office where he is regularly employed shall constitute his qualifications for office within the territorial limits of the party requesting assistance, and no other oath, bond or compensation shall be required. (4) Peace officers responding to a request for assistance shall make such response only when accompanied by a peace officer of the requesting party and such responding peace officers shall serve in a backup capacity only and shall not have the primary responsibility for the call. (5) Law enforcement officers responding to a request for assistance made pursuant to this Agreement, when traveling to or from the location where assistance is required, shall be deemed to be employed in the full line and cause of duty of the responding party. VI. 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 mutual aid pursuant to this Agreement 2 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 unless otherwise prohibited by law. (3) Each party shall indemnify and hold harmless the other party to VII. this Agreement from all claims by third parties for property damage or personal injury which may arise out of activities undertaken while receiving assistance under this Agreement. In lawsuits where either party may be liable in part or total for ti the payment of damages, then any other party to this Agreement may intervene in such 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 be effective until approved in writing by all parties to this Agreement. VIII. TERM AND EFFECTIVE DATE This Agreement shall become effective upon signing by both parties and by the authorized and designated agents of the governing body of each party. It shall remain in effect until terminated by either party upon written notice setting forth the date of termination. The parties agree that each shall have the right to ►] terminate this Agreement upon ninety (90) days written notice to the other party of this Agreement. IX. VENUE Each party agrees that if legal action is brought under this Agreement, exclusive venue shall lie in Lubbock County, Texas. X. SAVINGS CLAUSE In the event that 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 of this Agreement and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this Agreement. XI. PAYMENTS The responding county or municipality may request reimbursement from the requesting county or municipality with regard to expenses of medical and disability payments, reasonable travel costs, and damages or loss of equipment and clothing, which payment shall be made by the requesting county or municipality within thirty (30) days after receipt of the request for payment. This provision shall be subject to renegotiation upon an annual basis by the parties hereto. XII. CIVIL SUITS AGAINST PEACE OFFICERS. In the event that a law enforcement officer is named in a suit for damages by a party other than a governmental entity resulting from the activities of the law enforcement officer undertaken outside of the jurisdiction of his employer pursuant to this Agreement, the county or r� u municipality who requested the services shall be required to meet the requirements of Section 180.002 of the Local Government Code with regard to legal defense of the peace officer. In addition, the county or municipality requesting the services out of which the claim arose, shall determine whether such activity by the law enforcement officer named in the suit involved an official act of the officer within the course and .scope of the officer's authority. If such activity is found to involve an official act of the officer within the course and scope of the officer's authority, then the requesting county or municipality shall hold the officer harmless to the extent authorized by law. XIII. MUTUALITY In order to assist one another in" the process of mutual aid response planning, each party hereto shall inform the other of all similar purpose mutual aid agreements which each party has instituted with other municipalities, counties or other state agencies. No responding party shall be required to send its personnel into any jurisdiction which does not have a mutual aid agreement in force with the said responding party at the time of the request for aid. 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 or its designee in the manner required by each party's charter or otherwise required by law on the date hereinbelow specified. M SIGNED this 11th day of February 1988. CITY OF LUBBOCK LUBBOCK COUNTY B.-C. McMINN RODRICK L. S W MAYOR COUNTY JUDGE ATE�--.- i RANETT BOYD CITY SE RETARY APPROVED AS TO FORM: LOI& L- DO ALD G. VANDIVE FIRST ASSISTANT CITY ATTORNEY ATTEST: ANN DAVIDSON COUNTY CLERK AP ED AS TO FORM: TRAVIS S. WARE CRIMINAL DISTRICT ATTORNEY