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HomeMy Public PortalAboutResolution No. 005-88 03-14-1988 RESOLUTION N0. 5-88 • THE STATE OF TEXAS ) COUNTY OF TARRANT ) THE TARRANT COUNTY NARCOTICS INTELLIGENCE AND COORDINATION UNIT INTERLOCAL ASSISTANCE AGREEMENT WHEREAS, the detection and apprehension of individuals in the field of narcotics manufacturing and distribution 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, the existence of a multiplicity of political jurisdictions in Tarrant County impedes the . effectiveness of individual law enforcement agencies to detect and eradicate narcotics activity; and, WHEREAS, past experience has indicated that a cooperative effort between law enforcement agencies and the Tarrant County District Attorney's Office has been effective in detecting and deterring the activities of targeted criminal groups to the mutual benefit of all the political entities of Tarrant County; ands WHEREAS, pursuant to Art. 999b, TEX. REV. CIV. STAT. ANN. authorizing the formation of mutual aid law enforcement units the contracting cities, County of Tarrant and Tim Curry Criminal District Attorney of Tarrant County hereby agree to participate in, and be a part of a • cooperative investigative and enforcement effort to be known - 1 - and designated as the Tarrant County Narcotics Intelligence • and Coordination Unit ("NICU"); and, WHEREAS a grant of money from the Criminal Justice Division of the Governor's Office of the State of Texas has been received to fund the establishment of the Tarrant County Narcotics Intelligence and Coordination Unit. NOWT THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That Tarrant County, acting by and through Roy English, its duly authorized County Judges Tim Curry Criminal District Attorney of Tarrant County, and the following cities executing duplicate originals hereof acting herein by and through their duly authorized chief administrative officer: • Arlington Keller Azle Kennedale Bedford Lakeside Benbrook Lake Worth Blue Mound Mansfield Burleson North Richland Hills Colleyville Pantego Crowley Pelican Bay Dalworthington Gardens Richland Hills Euless River Oaks Everman Saginaw Forest Hills Sansom Park Fort Worth Southlake Grand Prairie Watauga Grapevine Westover Hills Haltom City Westworth Village Hurst White Settlement do hereby covenant and agree as follows: NICU STRUCTURE The Tarrant County Narcotics Intelligence and Coordination Unit ("NICU") will be a part of the Tarrant • County District Attorney's Office for administrative - 2 - • purposes. The activities of the NICU shall be supervised by a six member Board of Governors. This Board will consist of the Fort Worth Chief of Police, the Arlington Chief of Police, the Sheriff of Tarrant County, a Police Chief from the Northeast Tarrant County area to be selected by participating agencies in the Northeast Tarrant County Unit, a Chief of Police from a small police department within Tarrant County, and a chairperson, who shall be the Tarrant County District Attorney. Ex Officio members representing the Texas Department of Public Safety, the Drug Enforcement Administration and the Federal Bureau of Investigation shall be added to the Board of Governors as non-voting members. The Board of Governors shall have the • responsibility for policy, direction and control of NICU. The Board of Governors will have direct responsibility for the selection of a Commander for NICU. The Board will monitor the activities and accomplishments of NICU to ensure orderly progress towards attainment of all stated objectives. There will be four enforcement units to operate in the four geographic areas of Tarrant County. These units will be known as The Greater Arlington Unit, The Greater Fort Worth Unit, The Tarrant County Unit and The Northeast Tarrant County Unit. The activities and investigations of these four units shall be coordinated by the Commander of NICU. These units will be responsible for narcotics • investigations within their geographical areas. - 3 - NARCOTIC INVESTIGATION Narcotics investigations within the jurisdictional bounds of the political entities joining this agreement will be coordinated through NICU. All narcotic complaints and intelligence received by a law enforcement agency that is a party to this agreement will be referred to either NICU or the appropriate geographical area unit for investigation. NICU will maintain intelligence files. The geographical area units will respond to complaints in a timely manner. ASSET SEIZURES All asset seizures developed by NICU and the four geographic enforcement units will be prosecuted by the Asset Seizure Team of NICU. The attorneys in NICU will be responsible for representing the State of Texas and NICU in all forfeiture proceedings maintained under the provisions of the Controlled Substances Act of Texas. There is hereby created a certain fund to be known as the NICU Asset Seizure Fund, (hereinafter called "Fund"), said Fund to be created in compliance with Sec. 5.08 of the Texas Controlled Substances Act, TEX. REV. CIV. STAT. ANN. Art. 4476-15. All money, certificates of deposit, negotiable instruments, securities, stocks, bonds, businesses or business investments, contractual rights, real estate, personal property or other things of value derived from the sale, manufacture, distribution, dispensation, delivery or • other commercial undertaking violative of the Texas - 4 - • Controlled Substances Act shall be forfeited to the organization formed hereby, NICU. Upon entry of a judgment in a forfeiture proceeding awarding monies or other proceeds as set out above to NICU, said monies or proceeds will be immediately deposited in the NICU Asset Seizure Fund. The monies and proceeds in this Fund must be used to further the purpose of NICU as required by the NICU grant award. This Fund shall be subject to audit by the Auditor of Tarrant County, Texas. If any conveyance or vehicle is the subject of a final forfeiture, it shall be awarded to the NICU to be used to further the purpose of NICU as required by the NICU grant • award. OFFICER STATUS Any law enforcement officer assigned to the NICU or one of the four geographical units by a governmental entity which is a party to this agreement shall be empowered to enforce all laws and ordinances applicable in the jurisdiction of the said entities joining in this agreement, including the power to make arrests, execute search warrants, and investigate narcotics offenses outside of the jurisdiction from which he is assigned, but within the area covered by the jurisdictions of the entities which are parties to this agreement. While functioning as a law enforcement officer • assigned to the NICU or one of the four geographical units - 5 - • in a jurisdiction other than the jurisdiction from which he is assigned, he shall have all the law enforcement powers of a regular law enforcement officer of such other political entity. A law enforcement officer who is assigned, designated or ordered by the official designated by the governing body of any entity to perform law enforcement duties as a member of NICU or one of the four geographical units shall receive the same wage, salary, pension and all other compensation and all other rights for such service, including injury or death benefits and workmen's compensation benefits, as though the service had been rendered within the limits of the entity from which he was assigned. Recognizing the benefits to a participating entity to this agreement, it is agreed that all wage and disability payments, including workmen's compensation benefits, pension payments, damage to equipment and clothing, medical expense and expenses of travel, food and lodging, shall be paid by the entity from which said peace officer is assigned except as hereinafter provided. In further recognition of the benefit to be gained by the entity participating in NICU, it is agreed that no entity that is a party to this agreement shall receive from another entity participating in this agreement or be entitled to reimbursement for any services performed pursuant to this agreement. • It is further agreed that, in the event that any - 6 - . law enforcement officer assigned to NICU or one of the four geographical units shall be cited as a defendant party to any civil lawsuit, state or federal, arising out of his official acts while functioning as a law enforcement officer assigned to NICU or one of the four geographical units, said law enforcement officer shall be entitled to the same benefits that such officer would be entitled to receive had such civil action arisen out of an official act within the scope of his duties as a member and in the jurisdiction of the. law enforcement agency from which he was assigned. Further, no entity shall be responsible for the civil acts of a law enforcement officer of another entity assigned to NICU or one of the four geographical units except as may be • decreed by the judgment of a court of competent jurisdiction. GENERAL PROVISIONS This Contract is subject to all grant conditions applicable to the existing grant of the Criminal Justice Division of the Governor's Office to the Tarrant County Narcotics Intelligence and Coordination Unit, a copy of which is attached hereto. Each party to this agreement expressly waives all claims against every other party for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this agreement. Third party claims against members shall be • governed by the Texas Tort Claims Act or other appropriate - 7 - • statutes, or laws of the State of Texas. It is expressly understood and agreed that, in the execution of this agreement, no party waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. The validity of this agreement and of 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. 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 respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained therein. This agreement shall become effective between the parties hereto on the day following execution of the agreement by a party, and shall continue in effect until it has been terminated or rescinded by appropriate action of an entity's governing body. This agreement may be amended or modified by the mutual agreement of the parties hereto in writing to be attached to and incorporated into this agreement. This instrument contains all commitments and . agreements of the parties, and oral or written commitments - 8 - contained herein shall have no force or effect to alter any term or condition of this agreement. The parties agree that their collective agreement may be evidenced by the execution of an identical counterpart of this instrument by the duly authorized official(s) of each participant and the failure of any member to enter into this agreement shall not affect the agreement between and among the parties executing the agreement. Signed this 14th day of March , 1988. COUNTY OF TARRANT• TEXAS TARRANT COUNTY CRIMINAL DISTRICT ATTORNEY'S OFFICE By: By: • ROY ENGLISH TIM CURRY• Criminal County Judge District Attorney CITY OF RICHLAND HILLS By : XJ yor , City of Richland Hills ~i-P ED AS TO FORM AND LEGALITY: r'' ity At orney, ty of Richland Hills - 9 -