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HomeMy WebLinkAboutResolution 1993-018 .~. CITY OF NOR'l'lI RlCHLhND HILLS RESOLU'fION NO. 93-18 A RESOLUTION AUTHORI ZING 'fHE EXECU'fION OF THE TARRANT cm/wl'Y AUTO 'l'HEF'f 1'ASK FORCE IN1'ERLOCAL ASSISTANCE AGREEMENT. WHEREAS, the State Legislature has authorized the formulation of inter local assistance agreements between and among counties and cities and their law enforcement agencies; and WHEREA.S, the NORTH RICHLAND HILLS POLICE DEPARTMEN'l' wishes to parLicipate in an interlocal assistance agreement among local law enforcement agencies in the Port. Worth/Dalla.s area relative to auto theft cases and asset seizures; and - WllEHEAS, -the NORTH RICHLAND lULLS POIJICE DEPARTMEN'f and other local law enforcement agencies have tentatively approved a.11 interlocal assistance agreement known as the "1'arranL County Auto 'l'heft 'J'ask Force Interlocal Assistance Agreement"; NOW 1'HEHEFORE, BE IT RESOLVED BY TIlE Cl'fY COUNCIL OF TIlE CITY OF NORTH RICHLAND HILLS, 'l'EXAS: I. That. the CITY MANAGER or the designee of t.he CITY MANAGER is hereby authorized to execute the "Tarrant County Auto Theft Task Force Interlocal Assistance Agreement," which shall be effective immediately upon passage in accordance with the provisions of the CITY CHARTER and Texas law relative to partici.pation among local law enforcement agencies concerning auto theft cases and asset seizures. RESOLUTION - PAGE 1 II. A substantial copy of said agreement is attached hereto and incorporated herein for all intents and purposes. - PRESEN'l'ED AND PASSED on this the /~ day of . VJtay- , 1993, by a vote of ? ayes and ð nayes, with abstentions, at a regular meeting of the crry COUNCIL OF TI-IE CITY OF NORTH RICHLAND HILLS, Texas. ~ð=~ TOMMY BROWN MAYOR CITY OF NORTH RICHLAND HILLS A'l"l'ES'!, : ~ ~d?ü M~ ^NfTTE·REWIS Crl'Y SECRE'l'ARY APPROVED AS '1'0 FORM: ~ !I//. / I / / / ¿/ - {¡¡,.;:¡ R/ / //. Cl'l'Y A'l"l'ORNEY RESOLUTION - PAGE 2 ~,___~,_"~_~w~". ._w,_ .."_._,___._____.... 'l'IIE STA'l'E OF TEXAS § CITY OF NOR'I'n RICHLAND HILLS COUNTY 01" TARRANT § 'l'IIE 'I'ARHAN'l' COUNTY AUTO THEF'l' _,'h...___.____.....__.._. ________.__ ___0-_-. .__ _._ ----.,.- TASK YOnCE IN'I'EHI,OCAL ASSIS'l'ANCB AGREEMEN'I' ------ WtŒREAS, the det:ection, apprehension, and prosecution of individuals who commit auto theft is often hindered because the range of openlt. Lons of the crjmj nal offender is greater than the jurisdiction of the pßace 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 thf~ft; and WBgREAS, past experience has indicated tha t a cooperative effort bet:ween 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, pursuarrt to Chapter 362, 'l'exas Local Government Code, the Texas Intergovernmental Cooperation Act, Chapter 741, Texa s Government Code, Art. 4413 ( 37) , TEX. REV. CIV. STAT. ANN., an Act relating to the creation, powers and duties of the Automobile 'l'heft Pr:event.ion Aut:hor i t.y, and the law of the State of 'I'exas, the contTactin(] cities, the County of 'I'arrant, the Texas Departlll(~nL of Publ Lc Safet.y, 'I'im Curry, Tarrant Count,y -.----..-'- 'l'IIE TARRANT COUNTY Ali'I' 0 'l'HE-I'''}' 'l'ASK J"OHCE IN'L'ËÏtlijCAL --ASS Isi'ANCïCAGREEMENT"::-FÄGÈ- ONE Criminal District Attorney, and 'l'arrant County Sheriff David Williams, 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 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 Fo~ce; NOW, THEREFORE, BE IT KNOWN BY THESE PRESENTS: That Tarrant County, acting by and through Tom Vandergriff, its duly authorized County Judge, Tim Curry, Criminal District. Attorney of Tarrant County, and David Williams, Sheriff of Tarrant County, and the following cities and the Texas Department of Public Safety, executing duplicate originals hereof, and acting herein by and through their duly authorized chief administrative officer or equivalent: Arlington Azle Euless Fort worth Hal tom Ci t.y Hurst North Richland lIills Richland Hills Texas Department of Public Safety White Settlement do hereby covenant and agree as follows: TASK FORCE --..--.- The Tarrant County Auto Theft Task Force ("Task Force") wil] be a part of the TaITRnt County Sheriff's Office for THE TARHANT COUNTY AU'L'O THEFT 'l'ASK FORCE INTERLOCAL ASSISTANCE AGREEMENT - PAGE 'PWO administrative purposes. '1'he activities of the '1'ask Force shall be supervised by an eight (8) member Board of Governors. This Boarù will consist of 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 populat:ion between 10,000 and 30,000, a Police Chief from a city with a population over 30,000 anù a Chairperson, who shall be t:he Tarrant County Sheriff. Ex Officio members, if any, may be added by agreement of the voting members; ex officio members shall be non-voting. Ci ty population brackets may be changed by agreement of the Board. The Board of Governors shall have the responsibility for policy, direction and control of the Task Force. 'rhe Board 0 f Governors will have direct responsibility for the selection of a Commander for the Task Force. '1'he Board will monitor the activities and accomplishments of the '1' ask 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 appropriat.e. 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. THE TARRANT COUN1'Y AU'1'O THE],-'r TASK FORCE lÑTERLOCALAsslsöï'AÑCE AGREEMEÑT - PAGE THREE Au~ro 'I'HEFT INVES'l'IGATION ---------+- Auto theft investigations within the jurisdictional bounds of the entities joining this agreement will be coordinated through the Task Force. All commercial auto theft intelligence received by a law enforcement agency that is a party to this agreement will be referred to the Task Force for investigation. '1'he Task Force will rnaintal n intelligence files. 'I'he 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 IJy the Criminal District Attorney will be responsible for representing the State of Texas and the Task Force in all auLo theft case forfeiture proceedings maintained under the provisions of applicable laws. 'l'here is hereby created a certain fund to be known as the Auto '1'heft 'I'ask 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 judgmellt in a forfeiture proceeding awarding monies or other proceeds to the 'l'arrant 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 proceeds in this Fund must be used to further the purpose of the '.fUE TARRANT COUNTY AU'I'O THEFT TASK FORCE INTERLOCAL ASSISTANCE AGREEMENT - PAGE FOUR 'l'ask l"orce as required by the 'l'arrant County Auto Theft 'l'ask 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 that is the subject of a final £orfei ture shall be awarded to the Task Force to be used to further the purpose of the 'l'ask 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 entities joining in this agreement, including the power to make arrests, execute search warrants, and investigate auto theft offenses outside of the geographical jurisdiction fL"Om which he or she is assigned, but within the area covered by the jurisdictions of the 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. A law enforcement officer who is assigned, designated or ordered by the official designated by the governing body of any THE TARRANT COUNTY AUTO THEFT TASK FORCE IÑTERLOCAL ASSISTANCE AGREEMENT - PAGE FIVE ._~_,__~~_~_~_._..._.__,,__._'~___'_.______..____~.._._._'.-..'.'-_0.,,--, 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 worker's 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 worker's compensation ben!~f its, pension payments, damage to equipment and clothing, medical expense and expenses of travel, food and lodging, shall be paid by the entity from which said peace officer js assigned except as herein provided. In further recognition of the benefit to be gained by the entity participating in the Task Force, it is agreed that no entity tha't is a party to this agreement shall receive from another entity participating in this agreement or be entitled to reimbursement for any services performed pursuant to this agreement. I t 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 '!'UE TARRAN'!' COUNTY Au'ro 'l'HEF'l' TASK FORCE IN'l'ERLOCAL ASSIS'l'ANCE AGREEMEÑ'I' - PAGE SIX arisen out of an official act within the scope of his or her duties as a member and in t.he 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 t:he 'l'ask Force except as may be decreed by the judgment of a court of competent jurisdiction. GENERAl, PROVISIONS This Contract is subject to all grant conditions applicable to the exj sUng grant of the 'rexaB Automobile Theft Prevention Authority of the Governor's Office to the 'l'arrant County Auto Theft 'rask Force, a copy of which if; attached hereto. 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 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 inUHullity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. THE TARRANT COUNTY AUTO '[,HEF'l' TASK FORCE TWi;ERLÕëALASSISTANCEÄGREEMENT-~· PAGE SEVEN The validity of this agreement and of any of its terms or provisj ons, as well i1S t~he rights and duties of the parties hereunder, shall be governed by the laws of the State of 'fexas. 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 inval idity, illegality or unenforceability shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal or unenforceable provisiorl had never been contained herein. 'fhis agreement shall become effective between the parties hereto on t,he day following execution of the agreement by a party, and shall continue in effect until it has been terminated or rescinded by appropriate action of an entity's governing body. 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 to be attached to and incorporated into this agreement. This instrument contains all conunitments and agreements of the parties, and no oral or written conm\itments have any force or effect to alter any term or condition of this agreement. 'l'he part,ies agree that their collective agreement may be evidenced by the execution of an identical counterpart of this instrument by the dtlly authorized official(s) of each participant THE TARRANT COUNTY AUTO THEfT TASK ~ORCE IÑTËRLOCAI~ ASSISTANCE AGREEMENT - PAGE EIGHT and the failure of any member to enter into this agreement shall not affect the agreement between and among the parties executing the agreement,. ACCEPTANCE OF RESTRICTIONS Signatories acknowledge receipt of 60 pages of attachments hereto, specifically: Memorandum from Executive Director Letter from Governor Statement of Grant Award Digest of Grant Application Grantee Acceptance Notice Special Conditions as noted on Statement of Grant Award "Documentation" paragraph of pages 31-32 of appendix, erroneously referred to as "page 43" in the Special Condition on Confidential Funds regarding informant files. Detailed Budget EEO Certification. Signature of this Agreement constitutes acceptance of all grant conditions, grant restrictions, and the terms of all applicable laws. EQUAL EMPLOYMENT OPPORTUNITY PROGRAM CERTIFICATION NORTH RICIllAND HILLS POLICE DEPARTMENT TOMMY BROWN certifies that: CITY OF NOR'fH RICIILAND HILLS employes 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 THE TARRANT COUN'fY AU'l'O 'l'IŒF'I' 'fASK FORCE INTERLOCAL ASSISTANCE AGREEMENT - PAGE NINE $25,000; therefore, the CITY OF NOR'1'H RICHLAND HILLS has formulated an equal employment opportunity program in accordance with 28 CFR 42.301 e~~., Subpart E and that it is 011 file in the office of~ Ron McKinney NAME Personnel Director '1' I'rLE 7301 N. E. Loop 820 ADDRESS North Richland Hills, Texas 76180 The Tarrant COllnty Judge certifies that: Tarrant County employes 50 or more people and has received or applied to the Automovlle 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 office of: GERALD WRIGHT DIRECTOR OF HUMAN RESOURCES 100 East Weatherford Street Fort Worth, Texas 76196 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 TARRAN'.r COUN'fY AUTO 'l'HEI;~T T.l\SK FORCE INTERLOCAL ASSISTANCE AGREEMENT - PAGE TEN ----~,_..._,.~"_._...-^'--,----~_..~.>"_.__..."""-'----~--._.~.._._.",~~.._.._"..._,..,.-. .. ., Signed this day of , 1993. COUNTY OF TARRANT, TEXAS w: ~¿¿~. TO~ÂNDER RIFF , ~ ,:"-GE / /Í 'I'ARRAN'l' COUN'I'Y SJl"~RlJi'F' S [)A~' TARRAN'!' COUN'l'Y SHERIFF DI~:P AR'l'MEN'l' -'"' 'I'AHRAN'l' COUN'fY CRIMINAL DIS'I'RIC'l' A'J"l'ORNEY' S OFFICE l'IM (J;/~~-~- CRIMINAL DISTRICT ATTORNEY HILLS (}J d.,;..t:I'I'Y MANAGER CI'I'Y OF NOR'I'B RICBLAND HILLS A'l'TEST: ..tl-Pß-~ ~ ANE'I''l'E REW IS æ::ITY SECRETAHY RH~HLAND HILLS 'l'HE TARRANT COUNTY AUTO THEFT 'f'ASK FORCE lÑ'l'E~~ÕCALASSïS~NCË AGHEEMf.N'~ -'='-PAGE ELEVEN