Loading...
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