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HomeMy WebLinkAboutResolution - 2792 - Authorize Mayor To Sign Interlocal Agreements -SPRNTF - Various Organizations - 03/24/1988DGV:js RESOLUTION Resolution #2792 March 24, 1988 Item 27 WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the citizens of the City of Lubbock and the South Plains region to participate in the South Plains Regional Narcotics Task Force with other area cities, towns, counties and law enforcement agencies; and WHEREAS, it is believed that said Task Force will be beneficial in the coordination and control of narcotics related crime in the South Plains Re- gion; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock, Texas, hereby authorizes and directs the Mayor of the City of Lubbock to sign any and all South Plains Regional Narcotic Task Force Agreements which are forwarded to the City of Lubbock by South Plains cities, towns, counties and law enforcement agencies desiring to participate in the South Plains Regional Narcotics Task Force. A copy of the form Agreement is 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 24th day of ATTEST: Ran te--Boyd, City Secretary' APPROVED AS CONTENT: Thomas J. Nichols, Chief of Police APPROVED AS TO FORM: r Ubp'ald G. Vandiver, Tirst Assistant City Attorney March , 1988. x/ • �� c /i`Z�r` B. C. McMINN, MAYOR Resolution #2792 SOUTH PLAINS REGIONAL NARCOTIC TASK FORCE AGREEMENT THIS AGREEMENT is entered into on this I day of , 1988, by and between the City of Lubbock, Texas, (hereinafter referred to as "Coordinating Agency") and , (hereinafter referred to as "Participating Agency"), both parties being political sub- divisions 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, Vernon's Ann. Civ.St., Art. 1446c, and 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 THEREFORE, IT IS MUTUALLY AGREED BY THE PARTIES THAT: I. DEFINITIONS. 1) "law enforcement officer" shall mean any 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 a special charter; 4) "chief law enforcement officer" means the Chief of Police of a municipality, the sheriff or 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 cooperate in the inves- tigation of narcotic and drug related criminal activity and en- forcement of the narcotic and drug related laws of this state within the South Plains region of the State of Texas. Funding for such operations initially shall be supplemented by a feder- ally 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 coopera- tion in the following areas: 1) participating in intelligence activities and other law enforcement activities on narcotic trafficking; 2) maintaining an effective communication network with participating agencies; -2- 3) administering a supplies account for use by both the coordinating and participating agencies; and 4) assuring compliance with the requirements of the Governor's Anti -Drug Abuse Program. III. AUTHORIZATION. 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 herein. Failure of a governing body to authorize this agreement shall render this agreement null and void. IV. RESPONSIBILITIES. 1) The coordinating agency may assign its law enforcement officers to perform narcotic and drug related law enforcement duties outside the coordinating agency's territorial limits, sub- ject to its determination of availability of personnel and dis- cretion as to participation, when: A) requested by the chief law enforcement officer, or his designee, of a participating agency; and B) the chief law enforcement officer, or his de- signee, 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) A participating agency may request assistance by the coordinating agency's four -member task force team, special equip- -3- ment 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 sup- plies 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 coordinat- ing agency's jurisdiction shall be entitled to the same wage, salary, pension, and other compensation and rights, including in- jury 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. The agency which requested the services shall reimburse the responding agency for such costs after payment is made and reimbursement is requested. Each agency may make these payments and reimbursements regardless of any provision in its Charter or Ordinances to the contrary. -4- VI. DUTIES. Law enforcement officers responding to a request for assis- tance made pursuant to this Agreement shall do so under the di- rection and supervision of the agency requesting the assistance. Said officer shall possess all of the powers of a regular law en- forcement officer of the party requesting assistance, as fully as though he were within the territorial limits of the jurisdiction where he is regularly employed. His qualifications for office where he is regularly employed shall constitute his qualifica- tions for office within the territorial limits of the requesting agency, and no other oath, bond or compensation shall be re- quired. Law enforcement officers responding to a request for as- sistance pursuant to this Agreement, when travelling 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 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 mutual aid 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 em- ployed by the parties have in their own jurisdictions shall be -5- effective in the jurisdiction in which they are providing assis- tance unless otherwise prohibited by law. (3) Each party shall indemnify and hold harmless the other party to this Agreement from all claims by third parties for property damage or personal injury which may arise out of activi- ties undertaken while receiving assistance under this Agreement. In lawsuits where either party may be liable in part or in total for the payment of damages, then the other party to this Agree- ment may intervene in such cause of action to protect its interest. VIII. AMENDMENTS 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 amend- ments shall not become effective until approved in writing by both parties to this Agreement. IX. TERM 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 upon written notice and setting forth of a date of termination. The parties agree that each shall have the right to terminate this Agreement upon thirty (30) days written notice 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. XI. PAYMENTS. The responding party may request reimbursement from the re- questing party only with regard to expenses of medical and dis- ability payments and for damages to or loss of equipment and clothing, which payment shall be made by the requesting party 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. GUIDELINES. A copy of the South Plains Narcotics Task Force Operational Guidelines for performance of this Agreement are attached hereto as Exhibit A and made a part hereof for all intents and purposes. 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 un- enforceability shall not affect any other provision of this Agreement and this Agreement shall be construed as if such in- valid, illegal or unenforceable provision had never been con- tained in this Agreement. -7- IN WITNESS WHEREOF, the parties to this Agreement have exe- cuted this Agreement as of the effective date written below, each respective party acting by and through its governing body and au- thorized agent in manner required by each party's charter or by law on the date hereinbelow specified. SIGNED this day of PARTICIPATING AGENCY: Name of City, County or Agency BY: Title ATTEST: Secretary -8- , 1988. COORDINATING AGENCY (CITY OF LUBBOCK): G s r S.C. McMINN, MAYOR T'E Ranet a Boyd, City Secreta APP,O AS T CO ENT- r Thomas J. Nichols, Chief of Police APPROVED AS TO FORM• As istant City Attorney IN WITNESS WHEREOF, the parties to this Agreement have exe- cuted this Agreement as of the effective date written below, each respective party acting by and through its governing body and au- thorized agent in manner required by each party's charter or by law on the date hereinbelow specified. SIGNED this day of PARTICIPATING AGENCY: COORDINATING AGENCY (CITY OF LUBBOCK): Name of City, County or Agency B.C. McMINN, MAYOR BY: Title ATTEST: Secretary WE . 1988. City Secretary APP OVE S TO CONTENT: Thomas J. Nichols, Chief of Police APPROVED AS TO FORM: Assistant City Attorney SOUTH PLAINS 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 member agency must reimburse the Task Force for twenty-five percent (25%) of the total amount paid to the confidential informant. This amount must be re- ceived within seven (7) days of the original disburse- ment. This amount must be in check form payable to the City of Lubbock. 2. The confidential informant must be documented by meet- ing with an agent of the Task Force. A Task Force Per- sonal History Report will be completed on the infor- mant. The confidential informant will be fingerprinted and a signature obtained. The informant may be pho- tographed. The confidential informant will be required to sign a Task Force Working Agreement. 3. Upon receipt of funds for information, the confidential informant will be required to sign a Task Force Re- ceipt. 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 transac- tions involving paid informants must be witnessed by the Task Force supervisor. 4. Persons currently on parole, probation, or those per- sons 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 nar- cotics only under the following conditions: 1. An officer of the member agency or Task Force must com- plete and sign an Expenditure Authorization form. 2. If a purchase is completed, the member agency must re- imburse the Task Force for twenty-five percent (25%) of the total amount expended for the undercover purchase. This amount must be received within seven (7) days of the original disbursement. This amount must be in EXHIBIT A Operational Guidelines Page - 2 - check form, payable to the City of Lubbock. A copy of the member agency's crime report must also be received within seven (7) days. 3. 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. Task Force equipment may be used by only member agencies pro- vided: 1. An officer of the member agency signs for the use of the equipment and accepts responsibility for the equip- ment. Lost or damaged equipment must be repaired or replaced by the member agency which accepted responsi- bility for use +bf 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 gather, analyze, and disseminate narcotics intelligence information to member agencies, provided: 1. Each member agency provides the name, address, and telephone number of an officer in the agency. Unless impractical, agents of the Task Force will communicate with the same officer of each member agency on all oc- casions. SEIZURES Agents of the Task Force will assist any member agency with ap- plicable 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 for- warded to the Task Force with seven (7) days from the date that forfeiture proceedings are initiated. Operational Guidelines Page - 3 - USE OF TASK FORCE PERSONNEL Agents of the Task Force may assist any member agency in any nar- cotic 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 re- questing agency's jurisdiction.