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1990R01- ALAMO AREA NARCOTICS TASK FORCE . " . RESOLUTION NO .CZfl-f?-..J A RESOLUTION DECLARING THE CITY OF SCHERTZ' INTENT TO PARTICIPATE WITH THE ALAMO AREA NARCOTICS TASK FORCE; AUTHORIZING THE CITY ~~NAGER TO ENTER INTO AN AGREEMENT TO PARTICIPATE IN THE TASK FORCE AT NO COST TO THE CITY WHEREAS, the City Council of the City of Schertz recognizes the danger to our local citizenry that unlawful drug activity poses: abhors the criminal activity it produces and recognizes a need for a cooperative Law Enforcement effort: and WHEREAS, the City of Schertz desires to participate with the Alamo Area Narcotics Task Force; and WHEREAS, the Alamo Area Narcotics Task Force has agreed to cooperate with the City in its efforts at no cost to the City; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT the City of Schertz, Texas, desires to participate with the Alamo Area Narcotic Task Force in this enforcement program and authorizes the City Manager to enter into an agreement between the City and the Task Force to cooperate in the investigation of criminal activity and enforcement of the laws of the State of Texas; and HEREBY authorizes participation with the Alamo Area Narcotics Task Force at no cost to the City. PASSED, APPROVED AND ADOPTED this the~,d.-.Jday oU~__, 1990 . z;r--'--'~V-- ~~~~"xa'/ ATTEST: City of Schertz \.'; .' I' } " STATE OF TEXAS COUNTIES OF BEXAR, COMAL AND GUADALUPE WHEREAS, the Alamo Area Narcotics Task Force has received a grant renewal for the Texas Narcotics Control Program for the period of September 1, 1989 through August 31, 1990; and WHEREAS, the Alamo Area Narcotics Task Force is desirous to add new agency participation to increase the amount of grant funding; and WHEREAS, the City of Schertz desires to combat and eliminate drug use in the City of Schertz; and WHEREAS, pursuant to Chapter 362 of Texas Local Government Code, the State legislature has authorized the formation of mutual aid law enforcement units to cooperate in the investigation of criminal activity and enforcement of the laws of the State of Texas; NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT the City of Schertz does )Oln with the other counties and municipalities of the Multi-Agency Narcotics Traffickers Task Force known as Alamo Area Narcotics Task Force (hereinafter referred to as "Task Force") by and through the City Manager of the City of Schertz and The Task Force Program director as authorized agents. 1. Authority of Officers Any law enforcement officer assigned to the "Task Force" by a county or a municipality which is a party to this agreement shall be empowered to enforce all laws and ordinances applicable in the jurisdictions of cities and counties joining in this agreement, including the power to make arrests and execute search warrants outside of the county or municipality from which the officer is assigned, but within the area covered by the jurisdictions of the cities and the county which are parties to this agreement. While functioning as a law enforcement officer assigned to the "Task Force" in a jurisdiction other than the jurisdiction from which the officer is assigned, the officer shall have all the law enforcement power of a regular law enforcement officer of such other county or municipality. .. " II. Compensation A law enforcement officer who is assigned, designated or ordered by the official designated by the governing body of any county or municipality to perform law enforcement duties as a member of the "Task Force" shall receive the same wage, salary, pens ion, and all other compensations, and all other rights for such service, including injury or death benefits and workers compensation benefits, the same as though the service had been rendered within the limits of the county or municipal i ty from which the officer was assigned, in the same manner and in the same amount as though that officer were providing the service for the benefit of the assigning county or municipality. Recognizing the benefits to a participating county or municipal i ty to thi s agreement, it is agreed that all wages and disability payments, including workers compensation benefits, pension payments, damage to equipment and clothing, medical expense and expenses of travel, food and lodging, shall be paid by the county or municipality from which the officer is assigned, except as otherwise provided. The City of Schertz shall not be liable for the payment of any money to the "Task Force" or any person or for any equipment assigned to the "Task Force". III. Reimbursement In consideration of and in further recognition of the benefit gained by the county or municipality participating in the "Task Force", it is agreed that no county or municipality that is a party to this agreement shall request from the City of Schertz reimbursement for any services performed in furtherance or pursuant to this agreement. IV. Responsibility for Acts of an Officer In further consideration of and recognition of the benefit to be gained by the county or municipality participating in the "Task Force", it is further agreed that, in the event any law enforcement officer assigned to the "Task Force" shall be cited as defendant party to any civil lawsuit, state or federal, arising out of, directly or indirectly, the officer's acts while functioning as a 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 and terms of his employment and duties as a member and in the jurisdiction of the law enforcement agency from which the officer was assigned. Further, the City of Schertz shall not be responsible for the civil acts of a law enforcement officer of another county or municipality assigned to the "Task Force". . ". .' " v. It is further agreed that the City of Schertz shall not be required to contribute any money, equipment, or personnel nor be responsible in any manner financially for the operations or liabilities of the operation of the "Task Force", and in fact the participation of the City of Schertz as a member of the "Task Force" as an additional agency and the contribution. if any, of the use of its name in enhancing and enlarging the "Task Force's. base for a larger grant is sufficient and limit of the City of Schertz' consideration. VI. Business Records It is hereby agreed that, during the term of this Agreement and for a three (3) year period thereafter. the parties shall keep and maintain accurate and current records supported by case number, offense and date of incident to prOVide verification of seized funds and program activity. This agreement will be effective as to the parties hereto upon the execution of this document by the Task Force Program Director and the City Manager of the City of Schertz, Texas. This agreement may be rescinded by written notice to the other party of the intention to rescind this agreement. IN WITNESS WHEREOF, agreement on the the parties day of hereto have executed this . 1990. City of Schertz, Texas Kerry R. Sweatt City Manager ATTEST: City Secretary, City of Schertz Alamo Area Narcotics Task Force Program Director