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1988-032-RES WHEREAS, the detection and apprehension of individuals operating in the field of burglary and other RESOLUTION 88-032 WHEREAS, the detection and apprehension of individuals operating in the field of burglary and other related property offenses is often hindered because the range of operations of the criminal offender is greater than the jurisdiction of the peace officers called upon to investigate the crime; and, WHEREAS, individuals engaged in burglary and other property crimes often commit criminal offenses in numerous counties and cities during a brief period of time in a continuing scheme of criminal conduct; and WHEREAS, individuals engaged in burglary and other property crimes are often involved in the use, manufacture and sale of illicit drugs; and WHEREAS, the North East Texas area is so structured that the efforts of a single law enforcement agency are often inadequate to detect and apprehend individuals committing criminal acts in numerous counties and cities; and WHEREAS, past experience in the North East Texas area has indicted that a cooperative effort between the cities and counties in the area has been effective in detecting and deter- ring the activities of individuals engaged in burglary and other crimes to the mutual benefit of all the cities and counties in the North East Texas area; and WHEREAS, the Texas Legislature as enacted V.T.C.A. Local Government Code ~362. 002, to encourage the formation of mutual aid law enforcement task forces to cooperate in the investigation of criminal activity and enforcement of the laws of this state; and WHEREAS, The City of Paris, Paris, Texas, and other approv- ing law enforcement agencies have indicated their desire to participate in and be a part of a cooperative investigative effort to be known as and designated as the Multi-Agency Special Investigative Task Force; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the Mayor of the City of Paris be, and he is hereby authorized to execute an Agreement on behalf of the City of Paris, as a member participant in the Multi-Agency Special Investigative Task Force; BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the Mayor of the City of Paris, be, and he is hereby authorized to execute amendments thereto which add additional member participants as defined in said agreement in the form attached hereto as Exhibit A. Passed and adopted this 11th day of April, 1988. ATTEST: MULTI-AGENCY SPECIAL INVESTIGATIVE TASK FORCE ASSISTANCE AGREEMENT WHEREAS, in the cities of Paris, Gainesville, Greenville, Muenster, St. Jo, Rockwall, Emory, Nocona, Denison, Sherman, Bonham, and Commerce, Texas, and in Montague, Hopkins, Delta, Rains, Collin, Cooke, Lamar, Hunt, Fannin, and Grayson Counties, ~exas, within the past year several hundred residential and business burglaries and thefts have been committed and a major portion of the felony criminal docket in those counties is made up of burglary and theft offenses and related crimes: and WHEREAS, the burglaries and thefts account for a very high percentage of crime in the above named counties and ci ties and surrounding localities, not only involving the burglaries and thefts themselves, but also those associated crimes such as the use, manufacture and distribution of illegal, controlled substances which have a direct impact on large metropolitan areas nearby because such substances are distributed to such locations along with the stolen goods; and WHEREAS, the detection and apprehension of individuals . operating in the field of burglary and other related property offenses is often hindered because the range of operations of the criminal offender is greater than the - 1 - EXHIBIT A jurisdiction of the peace officers called upon to investigate the crime; and WHEREAS, past experience in the North East Texas area has indicted that a cooperative effort between the cities and counties in the area has been effective in detecting and deterring the activities of individuals engaged in burglary and other crimes to the mutual benefit of all the cities and counties in the North East Texas area; and WHEREAS, funding for such specialized operations is very limited. There exists the possibility of obtaining funding through fedeeal and state grants and this possibility will be enhanced by a coopeeative effort of law enfoecement agencies wi thin these counties and cities and possibly lead to the forfeituee of assets which funds could defeay the costs of such coopeeation, thereby lessening the bueden to local taxpayees; and WHEREAS, pursuant to State Legislation, V.C.T.A., Local Goveenment Code, ~362.002, the Police Departments of the cities of Paris, Gainesville, Geeenville, Muenstee, Saint Jo, Rockwall, Emoey, Nocona, Denison, Sherman, Bonham,and Commeece, Texas, and the Sheeiff's Offices of Montague, Hopkins, Delta, Rains, Collin, Cooke, Lamar, Hunt, Fannin, and Grayson Counties, Texas desiee to foem a mutual aid law enforcement task foece and to be a part of a coopeeative investigative and enforcement effort to be known and designated as the - 2 - Multi-Agency Special Investigative Task Force and to enforce the criminal laws of this State and Nation prohibiting burglary and theft and any other related crimes and to provide law enforcement officers to both the cities and the counties and to protect the citizens of the cities and the counties and surrounding area from criminal activities directly relating to or involved in burglary and theft and related criminal violations and to provide coordinated prosecution functions for such law enforcement agencies. NOW THEREFORE, in consideration of the mutual promises each to the other made, the mutual exchange of information and the mutual aid to each other herein offered, the parties, acting herein by and through the duly appointed and acting Chief of Police of the Cities of Paris, Gainesville, Greenville, Muenster, Saint Jo, Rockwal1, Emory, Nocona, Denison, Commerce, Sherman, and Bonham, Texas, and the Sheriff's Offices of Montague, Hopkins, Delta, Rains, Collin, Cooke, Lamar, Hunt, Fannin, and Grayson Counties, Texas, acting herein by and through the duly elected Sheriffs of Montague, Hopkins, Delta, Rains, Collin, Cooke, Lamar, Hunt, Fannin, and Grayson Counties, Texas do each hereby agree as follows: I. The following terms shall have the following meanings when used in this agreement: - 3 - (A) "Law Enforcement Officer" means a municipal police officer, sheriff. deputy sheriff, constable, deputy constable, marshal, deputy marshal, or a police officer of a joint airport who has been commissioned as a peace officer under the laws of this state and is currently employed by any member agency, and authorized by that agency to be a member of the Task Force and who has been approved by the TJlsk Force Commander. (B) "Member" means the cities of Paris, Gainesville, Greenville, Muenster, Saint Jo, Rockwall, Emory, Nocona, Denison, Sherman, Bonham, and Commerce, Texas, Collin, and Montague, Cooke, Lamar, Hopkins, Delta, Rains, Hunt, Fannin, and Grayson Counties, Texas. II. The members and Law Enforcement Officers agree to form and by this agreement do form a mutual aid law enforcement task force to be known as the Multi-Agency Special Investigative Task Force whose jurisdiction shall be throughout the territorial boundaries of the members, more specifically, the Cities of Paris, Gainesville, Greenville, Muenster, Saint Jo, Rockwall, Emory, Nocona, and Denison, Sherman, Commerce, and Bonham, Texas, and the counties of Montague, Hopkins, Delta, Rains, Collin, Cooke, Lamar, - 4 - Hunt, Fannin, and Grayson Counti~s, T~xas. III. Th~ purpos~ of th~ Task Forc~ is to coop~rat~ in th~ inv~stigation of criminal activity and th~ ~nforc~m~nt of th~ laws of this Stat~ and to assist in providing law ~nforc~ment offic~rs to prot~ct h~alth, lif~, and prop~rty against riot, threat of conc~aled ~xplosiv~s, unlawful ass~mbly charact~riz~d by th~ us~ of forc~ and viol~nc~ and during th~ tim~s of natur~l disast~r or man-mad~ calamity. Mor~ specifically th~ purpose of th~ Task Forc~ will b~ limi t~d to coop~rat~ und~r th~ g~n~ral sup~rvision of th~ Task Forc~ Command~r in th~ inv~stigation, appr~hension, and pros~cution of violators of th~ T~xas P~nal Code and th~ T~xas Controll~d Substanc~s act, Articl~ 4476-15 of th~ T~xas R~vis~d civil Statut~s Annotat~d. IV. It is further agr~~d that b~for~ th~ 1st day of April, 1988, all parti~s to this agr~~m~nt shall have m~t and ~stablish~d a s~t of standard op~rating proc~dur~s for th~ conduct of th~ law ~nforc~m~nt officers assign~d to th~ Task Forc~. V. Sup~rvision for th~ law ~nforc~m~nt offic~rs of th~ Task Forc~ shall b~ th~ r~sponsibility of th~ Task Forc~ Command~r who shall sup~rvis~ th~ assignm~nt of duti~s, ~stablishm~nt of work prioriti~s, and th~ quality and - 5 - quantity of work performed by the Task Force and the members of the Task Force. The Task Force Commander, Texas Ranger, Charles Fleming, of the Texas Department of Public Safety, shall be the lead officer of the Task Force and shall report directly to the authorizing authorities for the members. VI. Each member of the Task Force will be provided with a distinctive identificat~on badge which shall be carried and displayed when possible whenever the member is engaged in - Task Force activity. VII. Any member may be released from the Task Force by the Task Force Commander when he finds that the services of said member are no longer satisfactory or required and at the absolute and sole discretion of the Task Force Commander. VIII. Any member or Law Enforcement Officer of the Task Force may at its sole discretion at any time withdraw and discontinue participation in any activity initiated pursuant to this agreement. However, such a wi thdrawl shall not create a dissolution of the Task Force unless a simple majority of the members choose to dissolve the Task Force. IX. - 6 - While any Law Enforcement Officer is in the service of the Task Force, he shall be a peace officer of the Task Force with all the same powers he might have when wi thin the territorial limits of the member itself where he is regularly employed, and his qualifications 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 for him to be fully authorized and empowered to act within such limits. Additionally, each Law Enforcement Officer shall have the same investigative authority as if he were investigating criminal activity within the territorial limits of the county or municipality where he is regularly employed. x. All wage and disability payments including workers compensation benefits, pension payments, damage to equipment and clothing, reimbursement, medical expenses, expenses of travel, food and lodging, while a Law Enforcement Officer is employed in the work of the Task Force shall be paid by the officers employer which regularly employs the said Law Enforcement Officer in the same manner as though the service had been rendered within the territorial limits of the the member where he is regularly employed and for that member. In this regard each Law Enforcement Officer shall receive the same wage, - 7 - salary, pension, and any other compensation benefits and other rights for such service including any injury or death benefits and workers compensation benefits, equipment, clothing, and vehicle the same as though his services had been rendered within the territorial limits of the member where he is regularly employed. In no event shall the Task Force itself, or any of its employees or agents or assigns be liable for the payment of any such wage, salary, pension, or other compensation benefits by virtue of this agreement. All compensation and benefits shall be paid by the Law Enforcement Officer's current employer where he is employed at the time of the creation of this Task Force. XI. Any funds which might become available for the support of the Task Force by way of Federal, State or local grant will be expended in compliance with the objectives of the Grantor and in furtherance of the directives of the Task Force. XII. In the event any person performing law enforcement services pursuant to this agreement shall be cited as a party to any civil law suit, state or federal, become a party to any such law suit or become responsible to answer in damages in any judgment arising out of th.e performance of those services rendered in behalf of the Task Force, he shall be entitled to the same benefits that he would be - a - entitled to receive if such civil action or actions had arisen out of the performance of his duties where he is regularly employed, and in his own jurisdiction where he is regularly employed. Each Law Enforcement officer, member and party to this agreement certifies that he has and will keep in full force and effect liability insurance covering himself and the Task Force against any and all claims arising out of his service to and in performance of his duties with th~ Task Force. A copy of such insurance policy or certificate of insurance shall be supplied to any - member upon request by any other member. Each Law Enforcement Officer and member agrees to indemnify and hold harmless the other Task Force members for any loss or cost incurred by him by virtue of any claim, suit or judgment arising out of the relationship and actions contemplated by this agreement. XIII. Third party claims against members of the Task Force shall be governed by the Texas Tort Claims Act or other appropriate statutes, ordinances, or laws of the State of Texas. XIV. It is expressly understood and agreed that in the execution of this agreement, no party hereto waives nor shall be deemed hereby to waive any immunity or defense that would otherwise be available to it or him against - 9 - claims arising in the exercise of governmental powers and functions. XV. The validity of this agreement and any of its terms or provisions as well as the rights and duties of the parties hereunder shall be governed by the laws of the State of Texas. XVI. In case anyone or more of the 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 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 agreements of the parties hereto and any oral or written commitments or agreements not contained herein shall have no force or effect to alter any term or condition of this agreement. XVIII. This agreement shall become effective between the parties hereto on the ~st day of April, 1988, which shall serve as the anniversary date of this agreement. This agreement shall remain in full force and effect for a - 10 - period of one year from the effective date hereof subject however to the provisions of Section VII of this agreement. XIX. This agreement may be amended or modified in writing by the mutual agreement of the members with said amendment or modification being attached to and incorporated into this agreement. This agreement may not be amended or modified orally. DATED the day of , 1988. CITY OF PARIS, TEXAS FANNIN COUNTY, TEXAS CITY OF SHERMAN, TEXAS GRAYSON COUNTY, TEXAS CITY OF BONHAM, TEXAS COLLIN COUNTY, TEXAS CITY OF COMMERCE, TEXAS HUNT COUNTY, TEXAS CITY OF GREENVILLE, TEXAS LAMAR COUNTY, TEXAS CITY OF GAINESVILLE, TEXAS COOKE COUNTY, TEXAS CITY OF MUENSTER, TEXAS DELTA COUNTY, TEXAS CITY OF ST. JO, TEXAS RAINS COUNTY, TEXAS - 11 - CITY OF ROCKWALL, TEXAS CITY OF DENISON, TEXAS CITY OF EMORY, TEXAS CITY OF NOCONA, TEXAS MONTAGUE CCUNTY, TEXAS HOPKINS COUNTY, TEXAS - 12 -