R2010-026 - 2010-02-22 RESOLUTION NO. R2010 -26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A MUTUAL AID AGREEMENT WITH THE CITY OF ALVIN,
THE CITY OF LEAGUE CITY, ALVIN INDEPENDENT SCHOOL DISTRICT,
AND ALVIN COMMUNITY COLLEGE FOR CREATION OF A JOINT
POLICE SWAT TEAM.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Mutual Aid Agreement by and among the City of
Pearland, the City of Alvin, the City of League City, Alvin Independent School District, and
Alvin Community College, a copy of which is attached hereto as Exhibit "A" and made a
part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a Mutual Aid Agreement with the City of Alvin, the City of
League City, Alvin Independent School District, and Alvin Community College.
PASSED, APPROVED and ADOPTED this the 22 day of February, A.D., 2010.
1.444
TOM REID
MAYOR
ATTEST:
Y• N G L 1 T! C y
Y SE M' ETARY 'ti
APPROVED AS TO FORM:
DARRIN m. COKER
CITY ATTORNEY
Exhibit "A"
Resolution No. R2010 -26
MUTUAL AID LAW ENFORCEMENT AGREEMENT
THE STATE OF TEXAS
COUNTIES OF GALVESTONBRAZORIA/HARRIS
THIS AGREEMENT is made and entered into by and between the City of Alvin, the City
of League City, the City of Pearland, Alvin Independent School District and Alvin Community
College and includes any city or other government or law enforcement agency which shall
hereafter by and through their respective Mayors or other duly authorized officials enter into this
agreement:
WITNESSETH:
WHEREAS, Chapter 362, Sec. 362.001 et seq., Texas Local Government Code, authorizes a
county or municipality by resolution of its governing body to enter into an agreement with any
neighboring municipality or contiguous county for the formation of a mutual aid law
enforcement task force to cooperate in the investigation of criminal activity and enforcement of
the laws of this State; and
WHEREAS, the Cities of Alvin, League City and Pearland, Alvin Independent School
District and Alvin Community College, and other cities and agencies which may hereafter
become parties hereto, desire to form a mutual aid law enforcement task force wherein the
specialized equipment, facilities and trained personnel of their respective police departments or
law enforcement agencies are available to each other as requested and required; additionally a
joint tactical or SWAT (Special Weapons and Tactics) team hereafter referred to as the
Combined Agency Response Team shall be created under this Agreement;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in
consideration of the mutual covenants, agreements and benefits to the parties, it is AGREED as
follows:
Article I
During the term of this Agreement, the parties agree to provide upon request of one party
(requesting party) to the other (providing party) such law enforcement personnel, including
available equipment and facilities, as may be requested for the investigation or suppression of
crime within the jurisdictional area of the requesting party; provided that the personnel,
equipment, and facilities requested are not otherwise required by the providing party as
determined by the Chief Law Enforcement Officer of the providing agency, or designee.
Requests for mutual aid made pursuant to this Agreement shall be made by and to the respective
Chief Law Enforcement Officer or their designated representatives.
Article II
While any peace officer regularly employed by the providing party is in the service of a
requesting party pursuant to this Agreement, he shall be under the command of the requesting
party's law enforcement officer who is in charge, and said peace officer shall have all the powers
of a regular peace officer of the requesting party as though he were within the jurisdiction where
he is regularly employed; and his qualification for office with the providing party shall constitute
his qualification for office with the requesting party; and no other oath, bond or compensation
need be made.
In the performance of work or services hereunder, each peace officer is deemed solely as an
employee of his hiring agency, which shall assume sole and exclusive responsibility for the
payment of wages to the employee for services performed under this Agreement.
Article III
A peace officer employed by a providing party covered by this Agreement may make arrests
outside the jurisdiction in which he is employed, but within the area covered by the Agreement;
provided, however, that the law enforcement agency within the requesting jurisdiction shall be
notified of such arrest without delay. The notified agency shall make available the notice of such
arrest in the same manner as if said arrest were made by a member of the law enforcement
agency of said requesting jurisdiction.
Article IV
Peace Officers employed by the parties to this Agreement shall have such investigative and other
law enforcement authority in the jurisdictional area encompassed by this Agreement as is
reasonable and proper to accomplish the purpose for which a request for mutual aid assistance is
made.
Article V
The Combined Agency Response Team is hereby created pursuant to this Agreement as an
emergency response team comprised of Peace Officers from the agencies that are parties to this
Agreement. The command structure of the team will be defined and agreed to by the Chief of
each agency represented under this Agreement within the operational policies established for the
team. In appointing personnel to the Combined Agency Response Team, each agency
represented by this Agreement shall be subject to the foregoing articles and further subject to the
following specific criteria:
(a) Each party to this Agreement shall use the same selection, training, uniform, fitness,
and firearms standards to ensure the availability of not less than four (4) Peace
Officers specifically trained in responses to and management of critical incidents
involving substantial risk of death or serious injury to persons.
2009 Task Force Mutual Aid Agmt. Page 2 of 5
(b) Each party to this Agreement shall provide not less than eight (8) hours monthly of
duty time for the joint training of Peace Officers from all the cities.
(c) Each city shall also designate a peace officer to coordinate its participation in both
training and callout incidents.
Article VI
All Peace Officers designated by each city as qualified to be appointed to the Combined Agency
Response Team shall meet the following criteria as a minimum: not less than two (2) years of
full time service; successful completion of a psychological assessment designed to determine
fitness for the special response role; demonstrated ability to meet or surpass the fitness
requirements established for team members; successful completion of an approved basic forty
(40) hour SWAT school in special tactics; and a minimum of ninety percent (90 acceptable
score on the firearms qualification course established for these officers. Further, officers
assigned by each city are subject to reassignment from the response team at the discretion of the
employing agency or command staff of the team.
Article VII
The Chief Law Enforcement Officer of the requesting agency or designee shall be the final
authority in deciding whether deadly force is required to bring a critical incident to an end;
provided, however, that this authority shall not limit the authority of a peace officer, confronted
with an immediate threat and no alternative, to use such force as may be required to preserve his
life or the life of another. To the maximum feasible extent, time and negotiation shall be used to
bring a critical incident to a close without loss of life or injury to any party.
Article VIII
To the extent allowed by law, each party agrees to indemnify the remaining parties against all
demands, suits, actions, legal or administrative proceedings, claims, damages and reasonable
attorney's fees relating to the performance of this Agreement and arising directly or indirectly
from those matters to which it is finally adjudged that that party is solely guilty of negligence or
misconduct.
Article IX
The term of this Agreement shall commence on the date the last party signs this Agreement and
shall continue for one year. This Agreement will automatically renew annually unless a party to
this Agreement provides thirty days written notice of its intent to terminate or withdraw from this
Agreement to the remaining parties in the Agreement.
2009 Task Force Mutual Aid Agmt. Page 3 of 5
Article X
The parties shall observe and comply with all Federal, State, County, and City laws, rules,
ordinances, and regulations in any manner affecting the conduct of services herein provided and
performance of all obligations undertaken by this Agreement.
Article XI
The parties agree that any other law enforcement agency acting by and through its duly
constituted governing body may become a party to this Agreement by executing an appropriate
amendment to this Agreement signifying its Agreement to all of the terms and provisions hereof,
executed by all of the then existing parties hereto.
FOR THE CITY OF ALVIN, TEXAS
ATTEST:
By: i1 c2
Y �•C �'1 Gil CZ�J
ar
Thomas W. Peebles, City Clerk Grary Appelt, Mayor
Date: 1 f 0 1 1 2009
FOR THE CITY OF LEAGUE CITY,
TEXAS
ATTEST:
By: ��r:'��a.
Barbara Long, City Secretary Toni R all, Mayor
Date: f, %`�11 2009
2009 Task Force Mutual Aid Agmt. Page 4 of 5
FOR THE CITY OF PEARLAND,
TEXAS
ATTEST:
BY: _L ✓_1/4 I.
I oung L s n City 'Are 4Q f" ;y Tom Reid, Mayor
Date: February 22, 2010 �9�&
FOR ALVIN INDEPENDENT SCHOOL
DISTRICT
ATTEST:
By:
Secretary Dr. Robby McGowen, Superintendent
Date: 2009
FOR ALVIN COMMUNITY COLLEGE
ATTEST:
By:
Secretary Dr. Rodney Allbright, President
Date: 2009
2009 Task Force Mutual Aid Agmt. Page 5 of 5