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HomeMy WebLinkAbout04-23-87-17 - Resolution - 04/23/1987- RESOLUTION NO. 04-23-87-17 A RESOLUTION AUTHORIZING THE ~AYOR TO EXECUTE AN AGREEMENT FOR THE CITY OF COLLEGE STATION TO PARTICIPATE IN A MUTUAL AID LAW ENFORCEMFNT TASK FORCE TO BE [~NOT,%~ AS TFE RRAZOS VALLEY NARCOTICS TASK FORCE. WHEREAS, on the 23rd day of April, 19~7, the City Council met in its regular meetino and considered a proposed a~ree- ment for the City of College Station to participate mutual aid law enforcement task force to be Brazos Valley Narcotics Task Force; 8nd WHEREAS, the City of College Station City Council has de- termined that the City's participation would be in the best ~'nterest of the City; NOW, THEREFORE, BE IT ~ESOLVED By the City Council of the City of Col]e~e Station, Texas, That the'Mayor is hereby authorized to enter into the A~reement attached hereto au- thorizin~ the City to participate In the Brazos Valley Nar- cotics Task Force. PASSED and APPROVED this 23rd day of April, 1987. BRAZOS VALLEY LAW ENFORCEMENT MUTUAL ASSISTANCE AGREEMENT WHEREAS, pursuant to the powers granted under Article XI, Section 5, of the Texas Constitution and Articles 4413 (32c) and 999b, Texas Revised Civil Statutes Annotated, counties and municipalities desire to form a mutual aid law enforcement task force to cooperate in the investigation of criminal activity and enforcement of the laws of this state, and to provide additional law enforcement officers to protect health, life and property against riot, threat of concealed explosives, unlawful assembly accompanied by the use of force and violence and during times of natural disaster or man-made calamity; NOW THEREFORE in consideration of the mutual promises each to the other made, the mutual exchange of information and the mutual aid each to the other offered, the parties do hereby agree as follows: I. The following terms shall when used in this agreement: (A) "Law Enforcement policeman, sheriff, constable, marshal, have the following meanings Officer" means any trooper, deputy sheriff , constable, deputy deputy marshal or investigator of the district attorneys' or county attorneys' offices; (B) "Member" means a county or municipality which is a party to this agreement; (C) "Municipality" means any city or town, including a home rule city or a city operating under the general law or a special charter; (D) "Chief Law Enforcement Officer" means the Chief of Police of a municipality, the sheriff of a county, or the District or County Attorney who assigns an investigator; and (E) "Chief Administrative Officer" means the mayor or city manager of a municipality, or the county judge of a county. II. The Members agree to form and by this agreement do form a mutual aid l~w enforcement task force to be known as the Brazos Valley Narcotics Task Force (the "Task Force") whose jurisdiction shall be throughout the territorial boundaries of all Members. III. The purpose of the Task Force is to cooperate in the investigation of criminal activity and enforcement of the laws of this state, and to assist in providing additional Law Enforcement Officers to protect health, life and property against riot, threat of concealed explosives, unlawful assembly characterized by the use of force and violence, and during times of natural disaster or man-made calamity. IV. Subject to the Members discretion as to participation and determination of availability of personnel, a Member may assign its Law Enforcement Officer(s) (the "Assignees") to the Task Force to perfo£m law enforcement duties outside the Member's territorial limits provided the Chief Law Enforcement Officer, or his designee, of the Member has determined the assignment is necessary: (A) for the investigation of criminal activity and for law enforcement; or (B) to protect the health, life and property of any other Member, its inhabitants, and the visitors thereto, by reason of riot, threat of concealed explosives, unlawful assembly characterized by the use of force and violence, or threat thereof, or during time of natural disaster or man-made calamity. V. The Department of Public Safety shall be responsible for the supervision of the Assignees, the assignment of duties, the establishment of work priorities and the quality and quantity of work performed by the Task Force. The policy and procedural manualb applicable to the Department of Public S~[~Ly bhall be applicable to the Task Force. ' 06165 VI. Assignees m~y be released by the Department of Public Safety from thu Task Force when their ssrvices are no longer required. VII. The Chief Law Enforcement Officer of a Member, or his designee, in his sole discretion, at any time, may withdraw his Assignee and discontinue participation in any activity initiated pursuant to this agreement. VIII. While any Assignee is in the service of the Task Force, he shall be a p=ace officer of the Task Force with all the same powers he might have when within the territorial limits of the Member where he is regularly employed, and his qualifications, respectively, for office where . regularly employed shall constitute his qualifications for office within the territorial boundaries of the Task Force, and no other oath, bond or compensation need be made. Additionally, such Assignee shall have the same investigative authority as if he were investigating criminal activity within the territorial limits of the Member where he is regularly employed. IX. Any Assignee shall receive the sam= wage, salary, pension, and any and all other compensation and other rights for such service, including injury or death benefits, and workers compensation benefits, equipment, clothing, and vehicles, the same as though the service has been rendered within the territorial limits of the Member where he is regularly employed. Moreover, all wage and disability payments, including workers compensation benefits, pension payments, damage to equipment and clothing, medical expenses and expenses of travel, food and lodging shall be paid by the Member which regularly employs said Assignee in the same manner as though the service had been rendered within the territorial limits of the Member where he is regularly employed. ' 06166 999b, request reimbursement agreement. for services performed Each Member expressly waives the right granted by Article Section 5, Texas Revised Civil Statutes Annotated, to under this XI. In the event that any person performing law enforcement services pursuant to this agreement shall be cited as a party to any civil lawsuit, state or federal, arising out of the performance of those services, he shall be entitled to the same benefits that he would bu entitled to receive if such civil actions had arisen out of the performance of his duties where he is regularly employed, and in the jurisdiction of the Member by which he is regularly employed. XlI, Third party claims against Members shall be governed by the Texas Tort Claims Act or other appropriate statutes, ordinances or laws of the State of Texas. XIII. It is expressly underbtood and agreed that, in the execution of this agreement, no Member waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwis= be available to it against claims arising in the exercise of governmental powers and functions. XIV. Each Member to this agreement agrees that if legal action is brought under this agreement, exclusive venue shall lie in the county in which the defendant Member is located, and if located in more than one county, in the county in which the principal offices of the defendant Member are located. XV. The validity of this agreement and of any of its terms or provisions, as well as the rights and duties of the Members huruunder, shall be governed by the laws of the State of Texas. 06167 XVI. In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any reapect, such invalidity, illegality, or unenforceability shall not affect any other provision contained herein, and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. XVII. This instrument contains all of the commitments and the agreements of the Members, and any oral or written commitments not contained herein shall have no force or effect to alter any term or condition of this agreement. XVIII. This agreement shall be executed by the duly a~thorized Chief Admninistrative Officer(s) of the Member as expressed in the approving resolution or order of the governing body of such Member, a copy of which is attached hereto. XIX. The Members agree that their collective agreement may be evidenced by the execution of identical counterparts of this instrument by the duly authorized Chief Administrative Officer(s) of each Member, and th= fuilure of any Member to enter into this agreement shall not affect the agreement between and among the Members executing the agreement. XX. This agreement shall become effective between the Members on the first day of May, 1987. The first day of May of each subsequent year shall serve as the anniversary date of this agreement. This agreement shall remain in full force and effect for a period of one year from the effective date hereof and shall automatically be renewed and extended for an ~dditional one year period on each anniversary date. Any Member wishing not to participate in the renewal and extension of this agreement must Give written notice of its non- participation by certified mail to the Chief Law Enforcement ' 06168 Officer of each Member ak least thirty (30) d~ys prior to said anniversary date. XXI. This agreement may be amended or modified in writing by the mu:ual agreement of the Members, with said amendment or modification being attached to and incorporated into this agreement. Signed this the c~7 day of ~C~_.~_.' , 1987. ATTEST: BY: CITY OF COLL~.S~TATION 06169