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HomeMy WebLinkAboutResolution 1994-026 RESO~~TION NO. 9~-26 CITY OF NORTH RICHLAND HILLS, TEXAS WHEREAS, the State Legislature has authorized the formulation of interlocal assistance agreements between and among counties and cities and their law enforcement agencies, and other law enforcement entities; and WHEREAS, the City wishes to partici~ate 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 WHEREAS, the City and other law enforcement agencies have tentatively approved an inter local assistance agreement known as the Tarrant County Auto Theft Task Force Interlocal Assistance Agreement. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. ~} 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 âuto ~heft cases and asset seizures. , , -- . The Ma~'c~ is au~ho~ize6 ~o execu~e said agreement w~ict ~F ~~~ache~ nere~c' anc ~nco~pora~e~ he~ein !c~ all i~~ents a~¿ purpo~e~1 as the act and deed o~ the City. PASSED AIm APPROVED this l.3..th- å.ay of .Tllnp ,OOL , -- ~ . . APPROVED: ~Yu0)f ,/ MAR(IWOOD-~YOR PRO T Þ.TTEST: -- ) RESOLUTION - PAGE l COUNTY OF TARRANT s s THIS ORIGINAL .f:X~9,~t~St.~!?1': .'T.!;::~.~.~~'J;:.g~nt:Y ,and by Cit of' órth'Ríchlatid"Hills' (NAME OF OTHER ENTITY) THE STATE OF TEXAS THE TARRANT COUNTY AUTO THEFT TASK FORCE IN'l'ERLOC1\L ASSISTANCE AGREEMENT WHEREAS, the detection, apprehension, and prosecution of individuals who commit auto théft is often hindered because the r range of operatjons of the criminal offender is greater than the jurisdir.t.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 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 Publ ic Safety, the Tarrant County Criminal TilE TARRANT COUNTY AUTO THEFT TASK FORCE INTERl,OCAL ASSISTANCE AGREEMENT - PAGE ONE copy District Attorney, and the 'I'û-rrant County Sheriff, hereby agree to pûrticipate 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 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 establisfunent of the Tarrant County Auto Theft Task Force; NOW, THEREFORE, BE IT KNOWN BY THESE PRESENTS: Thùt Tarrant County, acting by and through its duly authorized County Judge, Criminal Dis·trict 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 ~he time that this agreement is in force, acting herein by and through their duly authorized chief aùministrative officer or equivalent do hereby covenant and agree as follows: TASK FORCE The 'l'arrant 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'T 'l'ASK FORCE lNTERLOCAL ASSlSTAÑCE AGHEEMENT - PAGE TWO Criminal District Attorney, a Police Cllief 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 TaTrant County Sheriff. Ex officio members, if any, may be added by agreement of the voting members; ex officio members shall be non-voting. City population brackets may be changed by agLeement of tIle Board without the necessity of changing this agreement. The Board of Governors shall have the responsibility for polley, 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. 'l'!lese sub-groups or teams will have the duties assigned to them by the ConunaIlder. 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 r r files. The assigned officers will respond to complaints in a timely manner. ASSET SEIZURES All asset seizures developed by the Task Force w-ill 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 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. 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 inUTIediately deposited in the Auto Theft Task Force Asset Seizure Fund. The monies and THE TARRl\NT COUNTY AUTO THEFT TASK FORCE INTERLOCAL 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: enhancement 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 r that is the subject of a final forfei ture shall De 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 jur isdiction of the county and municipal entities signatory to this agreement, inc 1 uding 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 IN'l'ERLOCAL ASSISTANCE AGREEMENT - PAGE FIVE A law enforcemcnt of ficer 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 , r though the service had been rendered within the limits of the enti ty from which he or she was assigned. Recognizing the benef its 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 amenàed. However, peace officers assigned to the Task Force will not work overtime that is not reimbursable to their assigning agency without prior ë:.pproval from the ir ass igning agency supervisor. [For example, Fort Worth Police of f icers ass igned 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. THE TARRANT COUNTY AµTO ~HEFT T~SK FORCE INTERLOCAL ASSISThNCE AGREEMENT - PAGE SIX In further recogni lion of the Lenefi t to be gained by the entity participating in the Task Force, it is agreed that no enti ty that is a party to this agreement shall receive or be enti tIed to reimbursement from another entity participating in this agreement for any services performed pursuant to this agreement. ". r It is further agreed that, in the event that any law enforcement officer ass.i.gn~d 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 off ic ial act wi thin 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 participùting herein indemnifies and holds all ot.her participating entities harmless for all acts of its own officers and employees acting hereunder, tu 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 TIlE 'l'AHRAN'r COUNTY AUTO 'fHl~F"T TASK FORCE INTEnLOCAL l\SSIST^NCE l\(;HEEMENT - PAGE SEVEN of the Governor's Office to the Tarrant County Auto Theft Task Force. Each party t.o 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 agains~ members shall be governed by the Texas Tort Claims Act or other appropriate statutes and laws of the State of Texas and the United States. It is expressly under.stood and agre.~d 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 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 anyone or more of the provisions contained in this agreement shaJl 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 AUTO 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 participating 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 , parties, each city or other la~ 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 other entities participating during the time said agreement is in force as to said entity, even though the parties' signatures arpear 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 t,he 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 enlities.] If program enhancement activities are terminated, unexpended revenues will be promptly returned to the Automobile Theft Prevenlion 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 con~litments have any force or effect to alter any term or condition of this agreement, unless r r the same are done jn 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 shall not affect the agreement between and among the parties executing the agreement. ACCEPTANCE OF RESTRICTIONS Signature of this Agreement consti tutes acceptance of all grant conditions, grant restrictions, and the terms of all applicable laws. DPS COOPERATIVE WORKING AGREEMENT REQUIRED 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 THE TARRANT COUNTY AUTO 'l'IJEFT TA.SK FORCE INTERLOCAL ASSISTANCE AGREEMENT - PAGE TEN necessary in car.rying 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. r BUDGETARY MATTERS As part of this agreement, all participating entities elltitled to reimbursement will be reimbursed for their participatiol1 in lhis program by grant funds, through the grant's f inaIlcial of ficer (This is presently Jimmy C. Causey, Ati"dl tor, 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. '1'0 the extent that the budget schedule is inconsistent with the grant, the grant controls. Participating ent.l ties may bill the financial officer for reimbursement JHol1thly or at such periodic intervals as are appropriate and 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 TNTERLOCJ\L ASSIST^NCE ^GREEMEN'l' - PAGE ELEVEN utilized for the disbursement and reimbursement of confidential' funds. ~UAL EMPL01~NT 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 en!orcement r 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 'I'heft Prevention Authority, Office of the Governor for total funds in excess of $25,000, in which case the c~.ty 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: Ron McKinney NAME Personnel Director TITLE 7301 N. E. Loop 820 ADDRESS North Richland Hills, TX 76180 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 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 THEFT TASK FOR~~ INTERLOCÃL ASSISTANCE AGREEMENT - PAGE 'I~ELVE 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 fOl.'1T\ulated 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: GERAI,D WRTGHT DIRECTOR Of HU~~ RESOURCES 100 East Weatherford Street Fort Worth, 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. Signed on the dates below shown. WITNESSETH: COUNTY OF TARRANT, TEXAS n (/J /') ( )" _Ii /) ___I¿j "J I! DATE IFF'S DEPAR'fMENT 7- /3-c) '-L DATE THE TARRANT COUNTY AUTO THEFT TASK FORCE INTERLOCAL ASSISTANCE AGREEMËNT - PAGE THIRTEEN TARR~T COUNTY CRIMINAL DISTRICT ATTORNEY'S OFFICE æ~/ Tim Curry, Criminal Dis ct Attorney OTHER SIGNING ENTITY: CITY OF NORTH RICHLAND HILLS, TEXAS By: 1'\ ,~ ine, City Manager ATTEST: ,f Secretary APPROV~ Rex IViotntire, Attorney for the City of North Richland Hills, Texas THE TARRANT COUNTY AUTO THEFT TASK FORCE INTERLOCAL ASSISTANCE AGREEMENT - PAGE FOURTEEN /-f l/l ? Î !-/;¿ - C;~ Date Dat¢,J»tJq DafþJ~llt/ &h.th'J Dab¡{ I ATPA-16 PART V ASSURANCES The Applicant hereby assures and certifies that he will comply with the regulation, policies, guidelines and requirements Including OMS Circulars No. A-122, A-110, A-102, and A-a7, 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 legal authority to apply for the grant; that a 9. resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application including all under- standings and assurances contained therein, and directing and authorizing the person identified as the official represen- tative of the applicant to act in connection with the application and to provide such additional information as may be re- quired. 2. It will comply with Title VI of the Civil Rights Act of 1964 (P. L. aa-352) and in accordance with Title VI of that Act, no person in the Un ited States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimi- nation 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 USC 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 Acquisi- tions 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. . a. 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 relateq to the grant. /t will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative require- ments. 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 Protections Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communi- cation form the Director of the EPA Office of Federal Activi- ties indicating that a facility to be used in the project is under consideration for listing by the EPA. 11. /twill 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 after March 2, 1975, the purchase of flood insurance in com munities 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 Department of Housing and Urban Develop- ment 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-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part aOO.8) by the activity, and notifying the Federal grantor agency 01 the existence of any such properties, and by (b) 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 Manage- ments Standards (UGCMS) developed under the directive of the Uniform Grant and Contract Management Act of 1981, Texas Civil Statutes, Article 4413 (32g). 14. 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.