HomeMy WebLinkAboutResolution 1995-033
RESOLUTION NO. 95 - 33
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS that:
1.
The City Manager be, and is hereby authorized to execute the attached Agreement
between this City and the Tarrant County Auto Theft Task Force as the act and deed of the
City.
PASSED AND APPROVED this 12th day of June, 1995
APPROVED:
~~
Tommy Brown, Mayor
ATTEST:
Je'( nette Rewis, City Secretary
APPROVED AS TO FORM AND LEGALITY:
x McEntire, Attorney for the City.
THE STATE OF TEXAS
COUNTY OF TARRANT
§
§
§
1HIS ORIGINAL
Executed by Tarrant County and
by Nor-th Richland Hills
(NAME OF OTHER ENTITY)
THE TARRANT COUNfY AUf 0 THEFf
TASK FORCE INTERLOCAL AssIsTANCE AGREEMENT
WHEREAS, the detection, apprehension, and prosecution of individuals who commit
auto theft 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
auto theft; and,
WHEREAS, past experience has indicated that a cooperative effort between law
enforcement agencies and Tarrant County has þeen effective in detecting and deterring the
activities of targeted criminal groups to the mutual benefit 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 District Attorney, and the Tarrant County Sheriff, hereby agree to participate in,
and be a part of a cooperative investigative and enforcement effort to be known and
designated as the Tarrant County Auto Theft Task Force; and,
THE TARRANT COUN1Y Auro THEFT TASK FORCE
INTERLOCAL AssISTANCE AGREEMENT
Page 1
WHEREAS, 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 TIIESE PRESENTS:
THAT Tarrant County, acting by and through its duly authoI"Ïzed 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 authorized chief administrative officer or equivalent do hereby covenant
and agree as follows:
TASKFoRCE
THE Tarrant County Auto Theft Task Force ("Task Force") will be a part of the
Tarrant County SherifPs 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 Criminal District Attorney, a Police Chief from a Mid-Cities area
police department, a Police Chief 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;
THE TARRANT COUN1Y AUTO THEFT TASK FORCE
INTERLOCAL AssISTANCE AGREEMENT
Page 2
ex officio members shall be non-voting. City population brackets may be changed by
agreement of the Board without the necessity of changing this agreement.
THE 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 sub-groups or teams shall be directed
by the Commander of the Task Force. These sub-groups or teams will have the duties
assigned to them by the Commander.
AUTO THEJ:4T INvEsTIGATION
Auro 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
files. 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 assigned to the Task Force by the Criminal
District Attorney will be responsible for representing the State of Texas and the Task Force
THE TARRANT COUNTY Auro THEFf TASK FORCE
INTERLOCAL AssISTANCE AGREEMENT
Page 3
in aU auto theft case forfeiture proceedings maintained under the provisions of applicable
laws.
THERE is hereby created a certain fund to be know as the Auto Theft Task Force
Asset Seizure Funds, (hereinafter caUed "Fund",) said Fund to be created in compliance
with State law and the requirements of the grant restrictions.
FORFEITURE PoLICY
UPON entry of a judgment in a forfeiture proceeding awarding monies or other
proceeds to the Tarrant County Auto Theft Task Force, said monies or proceeds will be
immediately deposited in the Auto Task Force Asset Seizure Fund. The monies and
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: enhancemént of currently
funded and/or future motor vehicle theft prevention programs.
ALL forfeiture funds shall be subject to audit by the Auditor of Tarrant County, .
Texas.
ANY conveyance or vehicle that is the subject of a fmal 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 the county and municipal entities signatory to this
THE TARRANf COUNTY Auro THEIT TASK FORCE
INTERLOCAL AsSISTANCE AGREEMENT
Page 4
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.
WIllLE 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.
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 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 he 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 A TPAF 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 approval 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,
THE TARRANT COUNTY Auro THEFT TASK FORCE
INTERLOCAL AsSISTANCE AGREEMENT
Page 5
they will be permitted to flex their work hours as necessary to accomplish Task Force
objectives and assignments.
IN further recognition of the benefit to be gained by the entity participating in the
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
out of his or her 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 assigneã1öthe Task Force. Each entity
participating herein indemnifies and holds all other participating entities harmless for aU
acts of its own officers and employees acting hereunder, to the full extent permitted by law.
GENERAL PROVlSIONS
THIS Contract is subject to all grant conditions applicable to the grant of the Texas
Automobile Theft Prevention Authority of the Governor's Office to the Tarrant County
Auto Theft Task Force.
EACH party to this agreement expressly waives aU claims against every other party
TIlE T ARRANf COUNTY Aura THEFT TASK FORCE
lNTERLOCAL AsSISTANCE AGREEMENT
Page 6
for compensation for any loss, damage, personal injury, or death occurring as a
consequence of the perfonnance of this agreement.
THIRD party claims against members shall be governed by the Texas Tort Claims Act
or other appropriate statues and laws of the State of Texas and the United States.
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 tenDS 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 anyone 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.
TIns agreement shall become effective as to a party hereto on the day of the
execution of the agreement by the party, and 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 participating entity's governing body, or expires
due to tennination of the grant or by operation of law. [To minimize the administrative
difficulty of signature between the many parties, each city or other law enforcement entity
will sign a substantially similar agreement with Tarrant County; however each party
TIlE TARRANT COUNTY Auro THEIT TASK FORCE
INTERLOCAL AssISTANCE AGREEMENT
Pa ge 7
signing substantiaUy similar copies is immediately bound one to another to all other entities
participating during the time said agreement is in force as to said entity, even though the
parties' signatures appear on different copies of the substantiaUy similar copies. Any entity
being added after the agreement is in effect need onJy sign the documents which Tarrant
County signs to be fully a party bound to all other parties, and such signature shall, as of
the 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 InterlocaJ Agreement is for the period and on the conditions herein
contained, and on such conditions to this agreement as may be added by amendment or by
law, anò l10t ior any period beyond that permitted by law, nor for any purpose not
pennitted by law.
THIs instrument contains all commitments and agreements of the parties, and no oral
or written commitments 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.
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 anticipated member to enter into or renew this agreement
shaU not affect the agreement between and among the parties executing the agreement.
THE TARRANT COUNTY Auro THEvr TASK FORCE
INTERLOCAL AssISTANCE AGREEMENT
Page 8
ACCEPTANCE OF REsTRICTIONS
SIGNA 11JRE of this Agreement constitutes acceptance of all grant conditions, grant
restrictions, and the terms of all applicable laws.
DPS COOPERATIVE WORKING AGREEMENT REOUIRED LANGUAGE
THIS is to 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 necessary in
carrying out the work plan described in the application(s).
ADDmONALLY, 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 MATIERS
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
fmancial 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 and in accordance with the grant.
THE TARRANT COUNfY Auro TIlEY[ TASK FORCE
INTERLOCAL AsSISTANCE AGREEMENT
Page 9
CONFIDENTIAL FuNDs
TIIE Governor's Auto Theft Prevention Authority Fraud Guidelines, hereinafter
referred to as the A TP AFG, will be utilized for the disbursement and 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:
ErmER the city law enforcement agency (or other law enforcement entity here
signing along with Tarrant County) employees 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, 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
or, if the above is left blank, the city law enforcement agency (or other law enforcement
entity here signing along with Tarrant County) certifies that it is not required by the tenns
THE T ARRAN[ COUNTY AUTO THEFT TASK FORCE
INTERLOCAL AsSISTANCE AGREEMENT
Page 10
of this grant or the laws applicable thereto to have such a plan on me in order to
participate in this grant.
THE 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 and equal employment opportunity
program in accordance with 28 CFR 42.301 ~., Subpart E and that it is on file in the
office of:
GERALD WRIGHT
DIRECTOR OF HUMAN RESOURCES
100 ~ VVeatherford Street
Fort VV orth, Texas 76196.
Said plan or plans are on 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.
THE TARRANT COUNTY Auro THEFT TASK FORCE
INTERLOCAL AsSISTANCE AGREEMENT
Page 11
SIGNED ON THE DATES BELOW SHOWN.
WITNESSETH:
COUNTY OF TARRANT, TEXAS
TOM VANDERGRIFF,
COUNTY JUDGE
DATE
TARRANT COUNTY SHERIFF'S DEPARTMENT
DA VID WILLIAMS,
T ARRANT COUNTY SHERIFF
DATE
TARRANT COUNTY CRIMINAL DISTRICT A'ITORNEY'S OFFICE
TIM CURRY,
CRIMINAL DISTRICT ATTORNEY
DATE
OTHER. SIGNING ENTITY:
NAME OF ENTITY:
SIGNATURE OF AUTHORIZED OFFICIAL
DATE
TITLE:
APPROVED AS TO FORM AND LEGALITY:
ATTORNEY FOR ABOVE-LISTED
NON-COUNTY ENTITY
DATE
THE TARRANf COUNlY Auro THEFT TASK FORCE
lNTERLOCAL AsSISTANCE AGREEMENT
Page 12
NONSUPPLANTING CERTIFICATION OF PARTICIPATING
AGENCIES O"IllliK THAN GRANTEE
TEXAS Civil Statutes, article 4413 (32a), section 6 (a) (7), requires that state funds
provided by this Act shall not be used to supplant state or local funds. Public Law 98-473
requires that federal funds provided by that Act shall not be used to supplant state or local
funds.
THE city law enforcement agency (or other law enforcement entity here signing along
with Tarrant County) certifies that A1:PA funds wiII 1UJt be used to replace state or local
funds that would be avaÍÚlble in the absence of A1:PAfunds.
NAME
TITLE
(CITY OR LAW ENFORCEl\1ENT ENTITY)
(Note: Tarrant County's certification is incorporated in each grantee's report of
expenditure and status of funds.)
(This fonn was last updated on May 18, 1995.)
THE TARRANf COUNTY AUTO THEIT TASK FORCE
INTERLOCAL AssISTANCE AGREEMENT
Page 13
AUTOMOBILE THEFT PREvENTION AUTHORITY
ASSURANCES
I he applicant hereby assures and certifies that he will comply with the regulations, policies, guidelines and
requirements including OMS Circulars No. A-122, A-110, A-102, and A-87, as they relate to the application,
acceptance and use of Federal funds for this federally-assisted project. Also the Applicant assures and certifies
to the grant that:
1. It possesses leoal authority to apply for the grant; that
a resolution, motion or similar action has been duly
adopted or passed as an oHicial act of the applicant's
governing body, authorizing the filing of the application
includino all understandings and assurances contained
therein, and directing and authorizing the person
identified as the official representative of the applicant
to act in connection with the application and to
provide such additional information as may be
required. .
2. It will comply with Title VI of the Civil Rights Act of
1964 (P, L. 88-352) and in accordance with Title VI of
that Act, no person in the United States shall, on the
grounds of race color or national origin, be excluded
from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any
program or activity for which the applicant receives
Federal Financial assistance and will immediately take
any measures necessary to effectuate this agreement,
3. It will comply with Title VI of the Civil Rights Act of
1964 (42 U.S.c. 2000d) prohibiting employment
discrimination where (1) the primary purpose of a grant
is to provide employment or (2) discriminatory
employment practices will result in unequal treatment
of persons who are or should be benefiting from the
grant-aided activity.
4. It will comply with requirements of the provisions of
the Uniform Relocation Assistance and Real Property
Acquisitions Act of 1970 (P. L. 91-646) which
provides for fair and equitable treatment of persons
displaced as a result of Federal and federally assisted
programs.
5. It will comply with the provisions of the Hatch Act
which limit the political activity of employees.
6. It will comply with the minimum wage and maximum
hours provisions of the Federal Fair Labor Standards
Act, as they apply to hospital and educational
institution employees of State and local governments.
7. It will establish safeguards to prohibit employees from
using their positions for a purpose that is or gives the
appearance of being motivated by a desire for private
gain for themselves or others, particularly those with
whom they have family, business, or other ties.
8. It will give the sponsoring agency or the Comptroller
General through any authorized representative the
access to and the right to examine all records, books,
papers, or documents related to the grant.
9. It will comply with all requirements imposed by the
Federal sponsoring agency concerning special
requirements of law, program require;-·lents. and other
administrative requirements.
10. It will insure that the facilities under its ownership,
lease or supervision which shall be utilized in the
accomplishment of the project are not listed on the
Environmental Protection Agency's !EP A) list of
Violating Facilities and that it will notify the Federal
grantor agency of the receipt of any communication
from the Director of the EPA Office of Federal
Activities indicating that a facility to be used in the
project is under consideration for listing by the EPA.
11. It will comply with the flood insurance purchase
requirements of § 102 (a) of the Flood Disaster
Protection Act of 1973, Public Law 93-234,87 Stat.
975, approved December 31, 1976. Section 102 (a)
requires. on and aher March 2, 1975, the purchase
of flood insurance in communities where such
insurance is available as a condition for the receipt,of
any Federal financial assistance for construction or
acquisition purposes for use in any area that has
been identified by the Secretary of the Deparlment
of Housing and Urban Development as an area
having special flood hazards.
The phrase "Federal financial assistance" includes
any form of loan, grant, guaranty, insurance
payment, rebate, subsidy, disaster assistance loan or
grant, or any other form of direct or indirect Federal
assistance.
12, It will assist the Federal grantor agency in its
compliance with § 106 of the National Historic
Preservation Act of 1966 as amended (16 U.S.C.
470). Executive Order 11593, and the Archeological
and Historic Preservation Act of 1966 (16 U.S.C.
469a-l et seq.) by (a) consulting with the State
Historic Preservation Officer on the conduct of
investigations, as necessary, to identify properlies
listed in or eligible for inclusion in the National
Register of Historic Places that are subject to
adverse eHects (see 36 CFR Parl 800.8) by the
activity, and notifying the Federal grantor agency of
the existence of any such properties, and by (bl
complying with all requirements established by the
Federal grantor agency to avoid or mitigate adverse
effects upon such properties.
13. It will comply with the Uniform Grant and Contract
Managements Standards (UGCMS) developed under
the directive of the Uniform Grant and Contract
Management Act of 1981, Texas Civil Statutes,
Article 4413 (32g).
, 4. It, if a county. has taken or will take all action
necessary to provide the Texas Department of
Criminal Justice and the Department of Public Safety
any criminal history records maintained by the
county in the manner specified for the purposes of
those departments.