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HomeMy WebLinkAboutResolution - 2019-R0437 - Renewing The Local Administrative Agreement With Lbk Metropolitan Special Crimes - 11/19/2019 Resolution No. 2019-RO437 Item No. 6.38 November 19, 2019 RESOLUTION WHEREAS, in 2018, the City of Lubbock and Lubbock County agreed to establish the Lubbock Metropolitan Special Crimes Unit (LMSCU), where representatives from both law enforcement agencies will cooperate and collaborate on investigatory activities related to the shared threat of violent crime wherever it may occur or be discovered in Lubbock County; and WHEREAS, the LMSCU successfully performed its mission to further the ability of law enforcement agencies to identify, investigate, and deter violent criminal activity throughout Lubbock County; and WHEREAS, the City of Lubbock desires to continue its participation in the LMSCU for an additional year, NOW THEREFORE BE IT RESOLVED BY '1 HE CITY COUNCIL OF THE CITY OF LUBBOCK: TIIAT the City Council of the City of Lubbock hereby renews the Local Administrative Agreement Between the Constituent Agencies of the Lubbock Metropolitan Special Crimes Unit, an interlocal agreement by and between: The City of Lubbock (on behalf of the Lubbock Police Department); Lubbock County, Texas, (on behalf of the Lubbock County Sheriff and the Lubbock County Criminal District Attorney); Said Local Administrative Agreement Between the Constituent Agencies of the Lubbock Metropolitan Special Crimes Unit and any associated documents, are attached hereto and made a part of this Resolution for all intents and purposes. The Local Administrative Agreement Between the Constituent Agencies of the Lubbock Metropolitan Special Crimes Unit, is hereby renewed, effective October 1, 2019 through September 30, 2020, without further substantive changes. Passed by the City Council this 19th day of November , 2019. "I"', DANIEL, M. POPE, MAYOR ATTEST: 'd'a"e " —)V eb cca Garza, City Secreta APP VED AS TO NTENT: Jerry D. w r., Chief o lice APPROVED S TO CONTENT: W. Jau&t Atkinson, City Manager APPROVED AS T _ - Johr. race/, Assistant City Attorney SA tCS\ F .LMSCU.20t"9 doc Resolution No. 2018-RO431 LOCAL AIDMINISTRATIVE AGREEMENT BETWEEN THE CONSTITUENT AGENCIES OF THE LUBBOCK METROPOLITAN SPECIAL CRIMES UNIT (LMSCq Pursuant to Tex. Loc. Gov't Code §362.002(b), Lubbock County and the City of Lubbock hereby enter into this Agreement to form a mutual aid law enforcement task force, to be known as the Lubbock Metropolitan Special Crimes Unit (LMSCU), to cooperate in certain criminal investigations and law enforcement in Lubbock County, as set forth in Exhibit A. The initial term of this Agreement shall be from the date of signing by all parties until September 30,2019.Any party may terminate their participation in this Agreement upon one hundred-twenty (120) days notice to the other party. Not sooner than ninety(90) days prior to the end of a term, this Agreement may be renewed by the governing bodies of the participating entities for additional one year terms running from October 1 to September 30 of each year. Pursuant to Tex. Loc. Gov't Code §362.002(b),peace officers employed by Lubbock County and the City of Lubbock shall have only the additional investigative authority throughout Lubbock County as set forth in this Agreement. As required by Tex.Loc. Gov't Code §362.002(b),this Agreement provides for the compensation of the peace officers involved in the activities of the task force,as set forth in Exhibit B. Pursuant to Tex. Loc. Gov't Code §362.002(c), a law enforcement officer employed by Lubbock County or the City of Lubbock may make an arrest outside the county or municipality in which the officer is employed but within the area covered by the Agreement. Pursuant to Tex. Loc. Gov't Code §362.002(c), the law enforcement agencies of the area where the arrest is made shall be notified of the arrest without delay, and the notified agency shall make available the notice of the arrest in the same manner as if the arrest were made by a member of that agency. Pg. 3 Pursuant to Tex. Loc. Gov't C. §362.003(a), while a law enforcement officer regularly employed by Lubbock County or the City of Lubbock is in the service of the other according to this chapter, the officer is a peace officer of the other and is under the command of the law enforcement officer who is in charge in that county or municipality. Pursuant to Tex. Loc. Gov't C. §362.003(a), the officer has all the powers of a regular law enforcement officer of that county or municipality as fully as if the officer were in the county or municipality where regularly employed. Qualification for office in the territory of regular employment constitutes qualification for office in the other county or municipality and no additional oath, bond,or compensation is needed. Pursuant to Tex. Loc. Gov't C. §362.003(b), a law enforcement officer who is ordered by the official designated by the governing body of the county or municipality to perform police or peace duties outside the limits of the county or municipality where regularly employed is 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 limits of the territory of the officer's regular employment. Pursuant to Tex. Loc. Gov't C. §362.003(c), Lubbock County and the City of Lubbock shall pay all wages and disability payments,pension payments,damages to equipment and clothing,medical expenses,and travel,food,and lodging expenses for their respective law enforcement officers. All compensation and reimbursements will be made pursuant to the terms set forth in Exhibit B. Payments will be made only between Lubbock County and the City of Lubbock. Lubbock County and the City of Lubbock shall assign officer(s)to the LMSCU,with the intention that the officer(s) will be assigned on a dedicated, rather than rotational basis. Lubbock County and the City of Lubbock shall assign employees to the LMSCU in accordance with the schedule, as set forth in Exhibit C-1 and facilities and equipment in accordance with the schedule, as set forth in Exhibit C-2. pg.2 Subject to the forgoing provisions and the requirements of state and federal law, specifically including Tex.Loc.Gov't C.Chapter 362,which laws shall in all cases prevail over any conflicting provision in this Agreement or in any Exhibit or attachment thereto, the county and municipality agree to operate the LMSCU according to the Standard Operating Procedures (SOPs), as set forth in Exhibit D. The parties understand and acknowledge that the funding of this Agreement is contained in each party's annual budget and is subject to the approval of each party in each fiscal year. The parties further agree that should the governing body of any of the parties fail to approve a budget which includes sufficient funds for the continuance of this Agreement, or should the governing body of any of the parties fail to certify funds for any reason,then and upon the occurrence of such event, this Agreement shall terminate as to that party and the party shall then have no further obligation to the any other party. When the funds budgeted or certified during any fiscal year by a party to discharge its obligations under this Agreement are expended, any other party's sole and exclusive remedy shall be to terminate this Agreement. If this Agreement is between governmental entities, as defined by Chapter 791 of the Texas Government Code,each party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying party. This Agreement is subject to all present and future valid laws, orders, rules and ordinances and/or regulations of the United States of America, the State of Texas and the parties, and any other regulatory body having jurisdiction. This Agreement shall be construed and governed according to the laws of the State of Texas. The sole venue for any action, controversy, dispute or claim arising under this Agreement shall be in a court of appropriate jurisdiction in Lubbock County, Texas exclusively. This Agreement is entered solely by and between, and may be enforced only by and among the parties. Except as set forth above, this Agreement shall not be deemed to create any rights in or obligations to any third parties. Pg.3 Nothing in this Agreement is construed as creating any personal liability on the part of any employee, officer or agent of any public body that may be a party to this Agreement. This Agreement is not intended to,and shall not be construed to create any joint enterprise between or among the parties. The parties expressly acknowledge that they are governmental entities governed by the laws and Constitution of the State of Texas and that their authority to indemnify and/or hold harmless each other and/or any third party is governed by Article XI, Section 7 of the Texas Constitution and any provision which purports to require indemnification by any party which is a governmental entity is invalid. Peace officers employed by the City of Lubbock may be called upon to conduct or participate in investigations outside the municipal limits of the City of Lubbock, in which case they will do so at the request of Lubbock County and not at the request of any other municipality located in Lubbock County. The City of Lubbock shall look only to Lubbock County for compliance with the terms of this Agreement. SOVEREIGN IMMUNITY ACKNOWLEDGED AND RETAINED THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO PROVISION OF THIS AGREEMENT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY ANY PARTY OF ANY IMMUNITIES FROM SUIT OR LIABILITY THAT A PARTY MAY HAVE BY OPERATION OF LAW. THE PARTIES RETAIN ALL GOVERNMENTAL IMMUNITIES. EXECUTED IN MULTIPLE DUPLICATE COUNTERPARTS THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK pg.4 LOCAL ADMINISTRATIVE AGREEMENT BETWEEN THE CONSTITUENT AGENCIES OF THE LUBBOCK METROPOLITAN SPECIAL CRIMES UNIT (LMSCU) FOR LUBBOCK COUNTY, TEXAS: BY: y &Lw THOMAS V. HEAD, COUNTY JUDGE ATTEST: BY: KELLNY r4Rioi4, COUNTY CLERK APPROVED AS TO TENT: BY: <.oy KELLEYdb SHERIFF APPROVED AS TO FORM: BY: ASSISTANT CRIMINAL DISTRICT ATTORNEY, CIVIL DIVISION P8.5 LOCAL ADMINISTRATIVE AGREEMENT BETWEEN THE CONSTITUENT AGENCIES OFTHE LUBBOCK METROPOLITAN SPECIAL CRIMES UNIT (LMSCU) FOR THE CITY OF LUBBOCK, TEXAS: BY: DANIEL M. POPE, MAYOR ATTEST: BY:-EdItt CCA GARZA, CIT SECRETARY APPROVED AS TO CONTENT: BY: G Y TEVENS, CHIEF OF POLICE APPROVED AS TO FORM: BY: frC , ATTORNEY pg.6