Res 021-2006 2/21/2006 , ,
RESOLUTION NO. �� ��
A RESOLUTION AUTHORIZING PARTICIPATION IN THE NORTH
TEXAS REGIONAL DRUG ENFORCEMENT TASK FORCE, AND
AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT
FOR DRUG TASK FORCE SERVICES WITH VARIOUS
PARTICIPATING ENTITIES IN AN ELEVEN COUNTY REGION IN
NORTH TEXAS, TERMINATING EXISTING DRUG TASK FORCE
AGREEMENTS.; FINDING AND DETERMINING THAT THE MEETING
AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY LAW.
WHEREAS, the North Texas Regional Drug Enforcement Task Force has
proven to be an effective weapon in combating drug offenses in the North Texas area;
and
WHEREAS, State funding for the current task force operations will end March
31, 2006; and,
WHEREAS, it is the desire of the City of Wichita Falls in cooperation with
participating entities in an 11 County area of North Texas to continue operation of the
North Texas Regional Drug Enforcement Task Force beyond March 31, 2006.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The City Council of Wichita Falls supports the continued operation
of the North Texas Regional Drug Enforcement Task Force, and hereby authorizes the
City Manager to execute the inter-local agreement with participating entities, attached
hereto.
SECTION 2. The existing agreements between the City of Wichita Falls and
participating entities is hereby terminated.
SECTION 3. It is hereby officially found and determined that the meeting at
which this resolution was passed was open to the public as required by law.
PASSED AND APPROVED this the 21st day of February, 2006.
MAYOR
ATTEST:
ity Clerk
North Texas Regional Drug
ENFORCEMENT TASK FORCE AGREEMENT
THIS AGREEMENT is entered into on this the day of
, 2006, by and between the City of Wichita Falls, Texas,
(hereinafter referred to as "Coordinating Agency") and , 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,
GOVERNMENT CODE, at1Cl Chaptef 362 Of th@ LOCAL GOVERNMENT CODE Of the Stat2 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 the
Department of Public Safety 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 character.
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; Narcotic Service.
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; Narcotic Service.
6. Coordinating Agency shall mean the Wichita Falls Police
Department and the City of Wichita Falls.
7. Project Officer shall mean the person designated by the
coordinating agency with primary responsibility for administering grant funds and
submission of grant reports. He shall coordinate the activities of the Task Force at the
direction of the coordinating board.
8. Project Director shall mean the Wichita Falls Chief of Police.
9. Genera/ Membership Committee shall mean, the police chiefs and
sheriffs of all participating agencies within the Nortex Region.
II. PURPOSE
The purpose of this Agreement is to cooperate in the investigation of narcotic
and drug related criminal activity and enforcement of the narcotic and drug related laws
of this state within the Nortex region of the State of Texas. The specific purposes of
this Agreement include cooperation in the following areas:
1. Participating in intelligence activities and other law enforcement
activities on narcotic trafficking; and,
2. Maintaining an effective communication network with participating
agencies.
III. FUNDING.
The estimated budgeted costs ("Budgeted Costs") for the Coordinating Agency
to provide the services under this agreement is Five Hundred Fifty Thousand
($550,000.00) Dollars. In consideration for the services to be provided by the
Coordinating Agency, the Participating Agency hereby assigns and transfers to the
Coordinating Agency any interest or claim to monies or property of any kind to the
extent needed to cover the operating costs of the Task Force which may result from
seizure and/or forfeiture actions of the North Texas Regional Drug Enforcement Task
Force which are completed through the period ending March 31, 2007, or are pending
as of March 31, 2006.
IV. 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.
V. RESPONSIBILITIES.
1. The Coordinating Agency may assign Task Force officers to
perform narcotic and drug related law enforcement duties outside the coordinating
agency's territorial limits, subject to its determination of availability of personnel and
discretion as to participation, when requested by the chief law enforcement officer,
or his designee, of a participating agency.
2. A participating agency may request assistance by the Task Force,
said request stating the nature and extent of the problem encountered and designating
a contact officer within the requesting agency. All such requests shall be for narcotic
and drug related law enforcement activities.
3. The Project Director may make temporary assignments when
exigent circumstances exist.
4. The General Membership Committee shall meet quarterly with the
Coordinating Agency. The purpose of such meetings is to provide input to the
participating agencies as to the performance of the task force and to discuss crime-
fighting strategies in the region.
VI. 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.
VII. DUTIES.
Law enforcement officers responding to a request for assistance made pursuant
to this Agreement shall do so under the direction and supervision of the Coordinating
Agency, acting through the chain of command of the Task Force. 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 jurisdiction
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
requesting agency, and no other oath, bond or compensation shall be required. Law
enforcement officers responding to a request for assistance 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 agency.
VIII. 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 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 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 in total for the payment of
damages, then the other party to this Agreement may intervene in such cause of action
to protect is interest.
IX. 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 amendments shall not become effective until approved in writing by both
parties to this Agreement.
X. TERM AND EFFECTIVE DATE.
This Agreement shall become effective April 1, 2006, 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 March 31, 2007, or 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.
XI. VENUE.
Each party agrees that if legal action is brought under this Agreement, exclusive
venue shall lie in Wichita County, Texas.
XII. GUIDELINES.
A copy of the North Texas Regional Drug Enforcement 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 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 party's
charter or by law on the date herein below specified.
SIGNED this day of , 2006.
PARTICIPATING AGENCY: COORDINATING AGENCY
(CITY OF WICHITA FALLS):
. Texas
Name of City, County or Agency Lanham Lyne, Mayor
BY: ATTEST:
Title Lydia Ozuna, City Clerk
ATTEST: APPROVED AS TO CONTENT:
Secretary Dennis Bachman, Chief of Police
APPROVED AS TO FORM:
Bill Sullivan, City Attorney