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Res 027-2007 2/20/2007 RESOLUTION NO. �_O'�Vb I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING PARTICIPATION IN THE NORTH TEXAS REGIONAL DRUG ENFORCEMENT TASK FORCE, AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT FOR DRUG TASK FORCE SERVICES WITH VARIOUS PARTICIPATING ENTITIES IN A NINE COUNTY REGION IN NORTH TEXAS, TERMINATING EXISTING DRUG TASK FORCE AGREEMENTS, AND MAKING BUDGETARY APPROPRIATIONS FOR THE PROGRAM.; 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 was discontinued March 31, 2006; and, WHEREAS, participating entities continued operations for one year exclusively with the use of pending seizures and other potential seizures; and WHEREAS, it is the desire of the City of Wichita Falls in cooperation with participating entities in a 9 County area of North Texas to continue operation of the North Texas Regional Drug Enforcement Task Force for an additional six months beyond March 31, 2007. 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 are hereby terminated effective March 31, 2007. SECTION 3. A budgetary appropriation of General Fund Reserves in the amount of $20,874 is hereby approved for this program. SECTION 4. 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 20th day of February, 2007. f -�--�; ,-r-� MAYOR ATTEST: ' Clerk North Texas Regionai Drug ENFORCEMENT TASK FORCE AGREEMENT THIS AGREEMENT is entered into on this the day of , 2007, 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, 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 enforcemenf officer shall mean any police officer, District Attorney Investigator, 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 funds and submission of reports. He shall coordinate the activities of the Task Force at the direction of the coordinating agency. 8. Project Director shall mean the Wichita Falls Chief of Police. 9. General Membership Committee shall mean the District Attorneys or there designees, the police chiefs and sheriffs of all participating agencies within the Nortex Region. 10. Nortex Region shall include the following counties and municipalities: Counties Municipalities Archer Bowie Baylor Burkburnett Clay Electra Cooke Henrietta Hardeman lowa Park Montague Quanah Throckmorton Seymour Wichita Vernon Wilbarger Wichita Falls 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 cost ("Budgeted Cost") for the Coordinating Agency to provide the services under this agreement is Two Hundred Fifty-Nine Thousand, Two Hundred and Forty-Eight Dollars ($259,248.00) as indicated in Exhibit A. 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 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 September 30, 2007, or are pending as of March 31, 2007. This contract does not in any way affect any interlocal agreement or contract which has or will be entered into by Criminal District Attorney's Office and Participating or Coordinating Agency. In addition to forfeitures/seizures, the Participating Agency shall make payment to the Coordinating Agency a total of $ . Fifty percent (50%) of this amount shall be paid to the Coordinating Agency within 30 days of signing of this agreement. The remaining fifty percent (50%) of this amount shall be paid to the Coordinating Agency prior to September 30, 2007. 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, when requested by the chief law enforcement officer, or his designee, of a Participating Agency, subject to its determination of availability. Such determination will not be used unduly or without adequate justification, as determined by the Coordinating 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 as needed 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, 2007, 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 September 30, 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 B 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 , 2007. 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 ExHisiT a TASK Fl"►RC:E �PERATING BUUGET G �vionth Estimated Amount Revenues: Entity Contributions $ 217,748 Forfeitures $ 41 ,500 Total Revenues $ 259,248 'Direct Expenses: Personnel $ 194,403 Supplies $ 2,500 Maint � - Util/Other Services $ 35,000 Other $ 15,000 Total Direct Expenses $ 246,903 Incliiect Ex��enses: Admin Overhead $ 12,345 Total Indirect Expenses $ 12,345 Total Expenses $ 259,248 Revenues Less Expenses �� NOTES: 1. Forfeitures are based on the average amount of forfeited funds for the last 5 years. 2. Personnel consists of salaries, benefits, and overtime expenses for 1 Sergeant, 4 Police O�cers, and 1 Clerk. 3. Utilities and Other Services primarily inclutle telephone, central garage services, and imprest funds. 4. Other expenditures inclutle facility lease payments, travel expenses, and other miscellaneous. 5. Administrative Overhead includes Accounting, Payroll, Personnel, Mgt and Superoision, Purchasing, etc. EXHIBIT B NORTH TEXAS REGIONAL DRUG ENFORCEMENT TASK FORCE OPERATIONAL GUIDELINES The individual members of the North Texas Regional Drug Enforcement Task Force shall be governed by and subject to the policies, rules, and procedures of the coordinating agency employing said member. There are, however, operational guidelines, which shall be followed by all members of the Task Force, as follows: Task Force Goals The goal of the North Texas Regional Drug Enforcement Task is to provide law enforcement services in the counties served by the Nortex Regional Planning Commission relating to the enforcement of the laws of Texas pertaining to controlled substances and dangerous drugs. The Task Force is not designed, nor will it be committed to the investigation and enforcement of drug related offenses which are intrinsically local in nature. Requests for services should be based on need for investigation and enforcement of drug related offenses, which have impact beyond the territorial limits of the requesting agency. Those offenses, which are of primary concern to the Task Force and will be given priority consideration by the Coordinating Agency, are as follows: 1. Clandestine production of amphetamine, methamphetamine, and other controlled substances. 2. Marijuana production and cultivation. 3. Interdiction of aircraft and vehicular smuggling of controlled substances. 4. Sale or delivery of controlled substances when the suspected offender is classified as a Class I, II, III or IV suspect in accordance with Department of Public Safety guidelines. 5. Possession or possession for sale of controlled substances when the suspected offender is classified as a Class I, II, III or IV suspect in accordance with Department of Public Safety 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 according to the rules and guidelines of the coordinating agency. A Task Force Personal History Report will be completed on the informant. The confidential informants with no prior criminal history shall be fingerprinted and a signature obtained. The informant shall be photographed and or a drivers license photo will be obtained. 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. Transactions involving paid informants must be witnessed by an agent of the Task Force. 3. Persons currently on parole, probation, or those persons under 17 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: 1. The Task Force supervisor shall be responsible for all disbursements and shall see that all disbursements are properly recorded. 2. An officer of the Task Force must complete and sign an Expenditure Authorization form for all funds used for undercover purchase of narcotics. 3. If a planned narcotic purchase is not completed, all funds must be returned to the Task Force Supervisor within ten (10) working days from the date of disbursement. 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 occasions. SEIZURES 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 report must be completed and forwarded to the Task Force Supervisor 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 Wichita Falls. 2. At least one officer of the requesting participating agency must be actively involved in the operation in the requesting agency's jurisdiction. 3. All requests for assistance shall be directed to the Task Force Project Officer or member of the coordinating agency. 4. The Project Officer shall review all requests for service and rank such requests according to the merits of the request in furthering the goals of the Task Force. 5. The Project Director may commit Task Force personnel and equipment on an emergency basis when exigent circumstances exist. The Project Director shall review all such commitments and instruct the Project Officer to continue the assistance or discontinue it, if not previously discontinued.