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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.