HomeMy Public PortalAboutResolution No. 042-94 06-28-1994 CITY OF RICHLAND HILLS , TEXAS
RESOLUTION N0. 42-94
A RESOLUTION AUTHORIZING THE EXECUTION OF THE TARRANT
COUNTY AUTO 'I'HEF'1' TASK FORCE IN`1'ERLOCAL ASSISTANCE
AGREEMENT.
WHEREAS, the State Legislature has authorized the
formulation of interlocal assistance agreements between
and among counties and citaes acid their law enforcement
agencies, and other law enforcement entities; and
WHEREAS, the CITY wishes to participate in an
interlocal assistance agreement among local law
enforcement agencies in the Fort Worth/Dallas area
relative to auto theft cases and asset seizures; and
WfiEREAS, the CITY and other law enforcement agencies
have tentatively approved an interlocal assistance
agreement known as the "Tarrant County Auto Theft Task
Force Interlocal Assistance Ayreemerit"; NOW THEREFORE,
BE IT RESOLVED THAT:
I.
• That the City hereby enters into the "Tarrant County Auto
Theft Task Force Interlocal Assistance Agreement," which shall be
effective immediately upon signature in accordance with the
provisions of Texas law relative to participation among local law
enforcement agencies concerning auto theft cases and asset
seizures.
II.
A substantial copy of said agreement is attached hereto and
incorporated herein for all intents and purposes.
PRESENTED AND PASSED on this the 2gth day of
JUNE , 199 4 , by a vote of 5 ayes and
RESOLUTION - PAGE 1
i
+ IL- nayes, with 0 abstentions, at a regular meeting
• of the city council of t;1ie City of RICHLAND HILLS , Texas .
SIGNATURE OF AUTHORIZE PERSON
TITLE: ~,yOR OF THE CITY OF RICHLAND HILLS
AT'PEST OR WITNESS, IF REQUIRED BY CITY PROTOCOL:
i
' E E ARY
APPROVED AS TO FORM:
A7'TORN Y FOR CITY
•
RESOLUTION - PAGE 2
THIS ORIGINAL
• THE STATE OF TEXAS $ Executed by Tarrant County and
by THE CITY OF RICHLAND HILLS
COUNTY OF TARRANT $ (NAME OF OTHER ENTITY)
THE TARRANT COUNTY AUTO THEFT
TASK FORCE IN'1'ERLOCAL ASSISTANCE AGREEMENT
WHEREAS, the detection, apprehension, and prosecution of
individuals who co~mnit auto theft is often hindered because the
range of operations of the criminal offender is greater than the
jurisdirt.ion 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 auto
theft; and
• WHEREAS, past experience has indicated that a cooperative
effort between law enforcement agencies and Tarrant County has
been effective in detecting and deterring the activities of
targeted criminal groups to the mutual be~lefit of all the
political entities of Tarrant County; and,
WHEREAS, pursuant to Chapter 362, Texas Local Government
Code, the Texas Intergovernmental Cooperation Act, Chapter 741,
Texas Government Code, Art. 4413 (37), TEX. REV. CIV. STAT.
ANN., an Act relating to the creation, powers and duties of the
Automobile Theft Prevention Authority, and the law of the State
of Texas, the contracting cities, the County of Tarrant, the
Texas Department ~of Public Safety, the Tarrant County Criminal
• TIE TARRANT COUNTY AUTO THEFT TASK FORCE
IN'1'ERLOCAL ASSISTANCE AGREEMENT - PAGE ONE
ATTACHMENT TO RESOLUTION 442-94
`District Attorney, and tl~e Tarrant County Sheriff, hereby agree
to participate in, and be a part of a cooperative investigative
• and enforcement effort to be know:i and designated as the Tarrant
County Auto Theft Task Force; and
WIiEREAS, a grant of money from the Texas Automobile Theft
Authority of the Governor's Office of the State of Texas has been
received to fund the establishment of the Tarrant County Auto
Theft Task Force;
NOW, THEREFORE, BE IT KNOWN BY THESE PRESENTS:
That Tarrant County, acting by and through its duly
authorized County Judge, Criminal District Attorney of Tarrant
County, and Sheriff of Tarrant County, and the cities and other
law enforcement entities (including the Texas Department of
Public Safety) that have executed, are executing, or will execute
• substantially similar copies hereof at this time or in the future
during the time that this agreement is in force, acting herein by
and through their duly aut-liarized chief administrative officer or
equivalent do hereby covenant and agree as follows:
TASR FORCE
The Tarrant County Auto Theft Task Force ("Task Force") will
be a part of the Tarrant County Sheriff's Office for
administrative purposes. The activities of the Task Force shall
be supervised by a nine (9) member Board of Governors. This
Board will include as voting members the Fort Worth Chief of
Police, the Arlington Chief of Police, the Tarrant County
THE TARRANT COUNTY AUTO THEF'P Z'ASR FORCE
• 1NTERLOCAL ASSISTANCE AGKEEMEN'P - PAGE TWO
Criminal District Attorney, a Police Ctiief from a Mid-Cities area
• police department, a Police Cliief from a city with a population
under 10,000, a Police Chief from a city with a population
between 10,000 and 30,000, a Police Chief from a city with a
population over 30,000, the Regional Captain of the Texas
Department of Public Safety's motor vehicle theft service, and a
Chairperson, who shall be the Tarrant County Sheriff. Ex officio
members, if any, may be added by agreement of the voting members;
ex officio members shall be nonvoting. City population brackets
may be changed by agreement of the Board without the necessity of
changing this agreement.
Tlie Board of Governors shall have the responsibility for
policy, direction, and control of the Task Force. The Board of
Governors will have direct responsibility for the selection of a
• Commander for the Task Force. The Board will monitor the
activities and accomplishments of the Task Force to ensure
orderly progress towards attainment of all stated objectives.
There will be one enforcement unit, which may form
sub-groups or teams as appropriate. The activities and
investigations of these suL-groups or teams shall be directed by
the Commander of the Task Force. T}iese sub-groups or teams will
have the duties assigned to them by the Commander.
THE TARRANT COUNTY AUTO THEFT TASK FORCE
• INTERLOCAL ASSISTANCE AGREEMENT - PAGE THREE
AUTO THEFT INVESTIGATION
• Auto theft investigations within the jurisdictional bounds
of the entities joining this agreement may be coordinated through
the Task Force. All commercial auto theft intelligence received
by a law enforcement agency that is a party to this agreement may
be referred to the Task Force for investigation. The Task Force
will maintain intelligence fires. The assigned officers will
respond to complaints in a timely manner.
ASSET SEIZURES
All asset seizures developed by the Task Force will be
prosecuted by the Asset Seizure Team of the Task Force. The
attorneys assig~ied to the Task Force by the Criminal District
Attorney will be responsible for representing the State of Texas
• and tl~e Task Force in all auto theft case forfeiture proceedings
maintained under the provisions of applicable laws.
There is Hereby created a certain fund to be known as the
Auto. Theft Task Force Asset Seizure Funds, (hereinafter called
"Fund",) said Fund to be created in compliance with State law
and the requirements of the grant restrictions.
FORFEITiJRE POLICY
Upon entry of a judgment in a forfeiture proceeding awarding
monies or other proceeds to tl~e Tarrant County Auto Theft Task
Force, said monies or proceeds will be immediately deposited in
the Auto Theft Task Force Asset Seizure Fund. The monies and
THE TARRANT COUNTY AUTO THEFT TASK FORCE
IN'I'ERLOCAL ASSISTANCE AGREEMENT - PAGE FOUR
proceeds in this Fund must be used to further .the purpose of the
Task Force as required by the Tarrant County Auto Theft Task
• Force grant award: enhanceme:tt of currently funded and/or future
motor vehicle theft prevention programs.
All forfeiture funds shall be subject to audit by the
Auditor ~f Tarrant County, Texas.
Any conveyance or vehicle`that is the subject of a final
forfeiture shall be awarded to the Task Force to be used to
further the purpose of the Task Force as required by the Task
Force grant award. -
OFFICER STATUS
Any law enforcement officer assigned to the Task Force 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 Llie county and municipal entities signatory to
this agreement, including the power to make arrests, execute
search warrants, and investigate auto theft offenses outside of
the geographical jurisdiction from which he or she is assigned,
but within the area covered by the jurisdictions of the county
and municipal entities which are parties to this agreement.
While functioning as a law enforcement officer assigned to
the Task Force, he or she shall have all .the law enforcement
powers of a regular law enforcement officer of such other
political entity.
THE TARRANT COUNTY AUTO THEFT TASK FORCE
• INTERLOCAL ASSISTANCE AGREEMENT - PAGE FIVE
A law et~forcement~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 the Task
Force shall receive the same wage, salary, pension and all other
compensation and all other rights for such service, including
injury or death benefits and workers' compensation benefits, as
though the service had been rendered within the limits of the
entity from which }ie or she was assigned. Recognizing the
benefits to a participating entity to this agreement, it is
agreed that all wage and disability payments, including workers'
compensation benefits, pension payments, damage to equipment
(with the exception of leased vehicles, for which damages will be
covered under the provisions of the lease(s)) and clothing,
medical expense and expense of travel, food, and lodging shall be
• paid in accordance with the ATPAF Grant Guidelines, Schedule C,
paragraph 2, as existing or as may be amended. However, peace
officers assigned to the Task Force will not work overtime that
is not reimbursable to their assigning agency without prior
4p~>rovai from their assigning agency supervisor. [For example,
Fort Worth Police officers assigned to the Task Force will not
work overtime, which is not reimbursable to the Fort Worth Police
Department, without prior approval from their Fort Worth Police
supervisor.] Instead, they will be permitted to flex their work
hours as necessary to accomplish Task Force objectives and
assignments.
• TH_E TAR_RANT COUNTY AUTO TI~F.FT TASK FORCE
INTERLOCAL ASSISTANCE AGREEMENT - PAGE SIR
In further recognition of the benefit to be gained by the
• entity participating in t}ie Task Force, it is agreed that no
entity that is a party to this agreement shall receive or be
entitled to reimbursement from another entity participating in
this agreement for any services performed pursuant to this
agreement.
It is further agreed that, in the event that any law
enforcement officer assigned to the Task Force is cited as a
party defendant to any civil lawsuit, state or federal, arising
uut of his or }ier official acts while functioning as a law
enforcement officer assigned to the Task Force, 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 or her
• duties as a member and in the jurisdiction of the law enforcement
agency from which he or she was assigned. Further, no entity
shall be responsible for the acts of a law enforcement officer of
another entity assigned to the Task Force. Each entity
participating }ierein indemnifies and holds all other
.participating entities harmless for all acts of its own officers
acid employees acting hereunder, to the full extent permitted by
law.
GENERAL PROVISIONS
This Contract is subject to all grant conditions applicable
to the grant of the Texas Automobile Theft Prevention Authority
• THE TARRANT COiINTY AUTO THLFT TASK FORCE
1NTERLOCAL ASSIS'T'ANCE AGREEMENT - PAGE SEVEN
of the Gover~ior's Office to the Tarrant County Auto Theft Task
Force.
• 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 statutes and laws of
Lhe State of Texas and the United States.
It is expressly understood and agreed that, in ttie execution
of this agreement, no party waives, nor s}~all 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 herein.
This agreement shall become effective as to a party hereto
on the day of the execution of the agreement, by the party, and
THE TARRANT COUNTY A17T0 THEFT TASK FORCE
• INTERLOCAL ASSISTANCE AGREEMENT - PAGE EIGHT
shall continue in effect as to a participating entity for one
• year from the date of signature and thereafter until it has been
terminated or rescinded by appropriate action of the
participatiny entity's governing body, or expires due to
termination of the grant or by operation of law. [To minimize
the administrative difficulty of signature between the many
r
parties, each city or other law enforcement entity will sign a
substantially similar agreement with Tarrant County; however each
party signing substantially similar copies is immediately bound
one to another to all utlier entities participating during the
time said agreement is in force as to said entity, even though
the parties' signatures aFpear on different copies of the
substantially similar copies. Any .entity being added after the
agreement is in effect need only sign the documents which Tarrant
• County signs to be fully .a party bound to all other parties, and
such signature shall, as of tie date of the signing, have the
same force and effect as between the joining and already-bound
members as if a single document was signed simultaneously by all
then-participating entities.]
If program enhancement activities .are terminated, ,unexpended
revenues will be promptly returned to the Automobile Theft
Prevention Authority.
This agreement may be amended or .modified by the mutual
agreement of the parties hereto in writing. The Interlocal
Agreement is for the period and on the conditions herein
• THE TARRANT COUNTY AUTO THEFT TASK FORCE
INTERLOCAL ASSISTANCE AGREEMENT - PAGE NINE
contained, and on such conditions to this agreement as may be
• added by amendment or by law, and not for any period beyond that
permitted by law, nor for any purpose not permitted by law.
This instrument contains all commitments and agreements of
the parties, and no oral or written conunitments have any force or
effect to alter any term or condition of this agreement, unless
the same are done in proper form and in a manner constituting a
bona fide amendment hereto.
Tl~e 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 anticipated member to enter into or renew
this agreement shall not affect the agreement between and among
the parties executing the agreement.
• ACCEPTANCE OF RESTRICTIONS
Signature of this Agreement constit~ites acceptance of all
grant conditions, grant restrictions, and the terms of all
applicable laws.
DPS COOPERATIVE WORKING AGREEMENT REQUIRED LANGUAGE
This is Lo certify that the objectives of the Tarrant County
Auto Theft Task Force as stated in its Grant Application for the
fiscal year(s) covered by this agreement have been reviewed and
that it is mutually agreed to cooperate to whatever extent is
• TtiE TARRANT COUNTY AUTO THEFT TASK FORCE
INTERLOCAL ASSISTANCE AGREEMENT - PAGE TEN
necessary in carrying out the work plan described in the
application(s).
Additionally, each participating agency and entity is
cognizant of the grant and agrees to abide by any and all rules
or special conditions in relation to the application.
BUDGETARY I"UITTERS
As part of this agreement, all participating entities
entitled to reimbursement will be reimbursed for their
participation in this program by grant funds, through the grant's
financial officer (This is presently Jimmy C. Causey, Auditor,
Tarrant County, but is subject to change by Tarrant County. If
changed, the change will be made in accordance with the grant and
all participating entities will be advised in writing.)
• according to the entity's applicable submitted budget schedule,
to the extent that the budget schedule is consistent with the
grant. To the extent that the budget schedule is inconsistent
with the grant, the grant controls.
Participating entities may bill the financial officer for
reimbursement monthly or at such periodic intervals as are
appropriate alid in accordance with the grant.
CONFIDENTIAL FUNDS
The Governor's Auto Theft Prevention Authority Fraud
Guidelines, hereinafter referred to as the ATPAFG, will be
• THE TARRANT COUNTY AUTO THEFT TASK FORCE
IN'1'ERLOCAL ASSISTANCE AGREEMENT - PAGE ELEVEN
- ~
utilized for the disbursement acid reimbursement of confidential
• funds.
EQUAL EMPLOYMENT OPPORTUNITY PROGRAM CERTIFICATION
The city law enforcement agency (or other law enforcement
entity here signing along with Tarrant County) certifies that:
Either the city law enforcement agency (or other law
enforcement entity here signing along with Tarrant County)
employs 50 or more people and has received or applied to the
Automobile Theft Prevention Authority, Office of the Governor for
total funds 3.n excess of $25,000, in which case the city law
enforcement agency (or other law enforcement entity signing along
with Tarrant County) certifies that it has. formulated an equal
employment opportunity program in accordance with 28 CFR 42.301
et seq., Subpart E and that it is on file in the office of:
NAME
TITLE
ADDRESS
oi, if the alcove is left bla~ik, the city law enforcement agency
(or other law enforcement entity here signing along with Tarrant
County) certifies that it is not required by the terms of this
grant or the laws applicable thereto to have such a plan on file
in order to participate in this grant.
THE TARRANT COUNTY AUTO THE_I'T TASK FORCE
INTERLOCAL ASSISTANCE AGREEMENT - PAGE TWELVE
Tlie Tarrant County Judge certifies that:
. Tarrant County employs 50 or more people and has received or
applied to the Automobile Theft Prevention Authority, Office of
the Governor for total funds in excess of $25,000; therefore,
Tarrant County has formulated an equal employment opportunity
program in accordance with 28 CFR 42.301 et seq., Subpart E and
that it is on file in the of. f ice of
GERALD WRIGHT
DIRECTOR OF HUMAN RESOURCES
100 East Weatherford Street
Fort Worth, Texas 76196.
Said plan or plans are oii file and available for review or audit
by an official of the Automobile Theft Prevention Authority,
Office of the Governor as required by relevant laws and
regulations.
•
Signed on the dates below shown.
WITNESSETH:
COi1NTY OF TARRANT, TEXAS
TOM VANDERGRIFF, COUNTY JUDGE DATE
TARRANT COUNTY SHERIFF'S DEPAR'PMENT
DAVID WILLIAMS, DATE
TARRANT COUNTY SHERIFF
THE TARRANT COUNTY AUTO TIIEF_T TASR FORCE
• INTERLOCAL ASSISTANCE AGREEMEN'P - PAGE THIRTEEN
.TARRANT COUNTY CRIMINAL DISTRICT ATTORNEY'S OFFICE
•
TIM CURRY, DATE
CRIMINAL DISTRICT ATTORNEY
OTHER SIGNING ENTITY:
NAME OF ENTITY: '
X SIGNA URE OF 11UTHORIZED FICIAL DA E
TITLE: MAYnR nF THE r,,ITy ng~I~uT.ANn NTT.T,g
AP D AS TO FORM AND LEGALITY:
~ (p
TTO EY FOR AB VE-LISTE NON-COUNTY ENTITY DA E
•
[THIS FORM WAS LAST UPDATED ON JUNE 1, 1994.]
THE TARRAN'P COUNTY AUTO THEFT TASK FORCE
. INTERLOCAL ASSISTANCE AGREEMENT - PAGE FOURTEEN