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HomeMy WebLinkAboutR2013-040\ \codad \departments \legal \our documents \resolutions \13 \resolution for mutual aid agrecmentpolicedot- final.doc RESOLUTION NO. 82013 -040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON TO FORM A REGIONAL LAW ENFORCEMENT MUTUAL AID TASK FORCE AGREEMENT WITH OTHER AREA LAW ENFORCEMENT AGENCIES FOR THE PURPOSE OF PROVIDING AND RECEIVING LAW ENFORCEMENT ASSISTANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton desires to contribute to the protection and safety of citizens in this City and in surrounding communities; and WHEREAS, the legislature has authorized the formation of interlocal assistance agreements between and among the cities and their law enforcement agencies; and WHEREAS, the City of Denton wishes to participate in an interlocal assistance agreement among local law enforcement agencies in the greater Dallas -Ft. Worth North Texas area for the purpose or providing and receiving law enforcement assistance; and WHEREAS, the Denton Police Department and other local law enforcement agencies have tentatively approved an Interlocal assistance agreement to be known as the North Texas Regional Commercial Motor Vehicle Safety Task Force Agreement; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Manager is hereby authorized to execute the attached "North Texas Regional Commercial Motor Vehicle Safety Task Force Agreement." SECTION 2. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the , day of _ mm, 2013, j f MARK A., B 1J "RIB L I I` G l 19, MAYOR ATTEST: JENNIFER WALTERS, Cl, "Y SECRETARY :• APPR �Lsl AS'T`0 LEGAL FORM: ANITA 13IJ 1 GESS, CITY ATTORNEY BY:.. MUTUAL AID INTERLOCAL AGREEMENT FOR COMMERCIAL VEHICLE ENFORCEMENT WHEREAS, the governmental entities which are parties to this agreement ( "Agreement ") desire to form a law enforcement mutual aid task force to cooperate in the criminal investigation and enforcement of commercial motor vehicle safely standards as set forth in Texas Transportation Code Chapter 644 and the Federal Motor Carrier Safety Regulations as set forth in Title 49 of the Code of Federal Regulations; and WHEREAS, Chapter 791, et seq. of the Texas Government Code authorized local governmental entities to enter into Interlocal Contracts and Section 362.002 of the Texas Local Government Code specifically authorizes Mutual Aid Task Force agreements such as this; NOW, THEREFORE, it is mutually agreed by the parties hereto to enter into this Agreement upon the following terms: I. Definitions: The following terms shall have the following meanings when used in this Agreement: "Law Enforcement Officer" means any commissioned peace officer as defined under the Texas Code of Criminal Procedure who is certified, according to standards established by the Texas Department of Public Safety, to enforce Chapter 644 of the Texas Transportation Code. "Member" means any local governmental entity, including the City of Carrollton, Texas, the City of Lewisville, Texas and the City of Denton, Texas (sometimes referred to collectively as "Members "), which is a party to this Agreement. "Chief Law Enforcement Officer" means the Chief of Police of a Member. "Requesting Member" means a Member who requests law enforcement assistance from another Member under the terms of this Agreement. "Responding Member" means a Member to whom a request for Assistance is directed by a Requesting Member under the terms of this Agreement. II. Name: The Members hereby form a mutual aid law enforcement task force to be named the North Texas Regional Commercial Motor Vehicle Safety Task Force (hereinafter the "Task Force "). III. Purpose: The purpose of the Task Force is to cooperate in the investigation and enforcement of federal and state laws and regulations intended to ensure the safe transportation of hazardous Mutual Aid Interlocal Agreement — Commercial Vehicle Safety Enforcement Page 1 of 7 materials and the safe operation of commercial motor vehicles. More specifically, the Task Force will cooperate to enforce Chapter 644 of the Texas Transportation Code and federal motor carrier safety regulations set forth in Title 49 of the Code of Federal Regulations. V. Request for Assistance: Any Request for Assistance under this Agreement shall, when reasonably possible, include a statement of the amount and type of equipment and number of Law Enforcement Officers requested, and shall specify the location to which the equipment and Law Enforcement Officers are to be dispatched. However, the amount and type of equipment and the number of Law Enforcement Officers actually furnished by a Responding Member shall be determined by the Responding Member's Chief Law Enforcement Officer or his designee in his sole discretion, V. Response to Request for Assistance: Responding Members will assign Law Enforcement Officers to perform duties outside of the Responding Member's territorial limits, but within the territorial limits of the Requesting Member, subject to the Responding Member's determination of availability of personnel and equipment when: A. Such assignment is requested by the Chief Law Enforcement Officer or his designee, of a Requesting Member; and B. The Chief Law Enforcement Officer, or his designee, of the Responding Member has determined, in his sole discretion, that the assignment is necessary to fulfill the purposes of this Agreement in providing the services contemplated by this Agreement within the territorial units of the Requesting Member. VI. Operational Control: All personnel of the Responding Member shall report to the Requesting Member's officer in tactical control at the location to which said Law Enforcement Officers have been dispatched and shall be under the operational command of the Requesting Member's Chief Law Enforcement Officer or his designee. VII. Release: Law Enforcement Officers of the Responding Member will be released by the Requesting Member when their services are no longer necessary. VIII. Withdrawal From Response: The Chief Law Enforcement Officer, or his designee, of the Responding Member, in his sole discretion, may at any time withdraw the Law Enforcement Officers and equipment of the Responding Member or discontinue participation in any activity initiated pursuant to this Agreement. Mutual Aid Interlocal Agreement — Commercial Vehicle Safety Enforcement Page 2 of 7 IX. Qualifications of Office and Oath: While any Law Enforcement Officer regularly employed by a Responding Member is in the service of a Requesting Member under the terms of this Agreement, said Law Enforcement Officer shall be deemed to be a peace officer of the Requesting Member and be under the command of the Requesting Member's Chief Law Enforcement Officer with all powers of a law enforcement officer of the Requesting Member as if said Law Enforcement Officer were within the territorial limits of the governmental entity where said Law Enforcement Officer is regularly employed. The qualifications of office of said Law Enforcement Officers where regularly employed shall constitute his or her qualifications for office within the territorial limits of the Requesting Member and no additional oath, bond or compensation shall be required. X. Right to Reimbursement: Each party to this Agreement, when providing services as a Responding Member, expressly waives the right to receive reimbursement for services performed or equipment utilized under this Agreement even though a request for such reimbursement may be made pursuant to Chapter 362 of the Texas Local Government Code. XL Officer Benefits. Any Law Enforcement Officer assigned to the assistance of another Member pursuant to this Agreement shall receive the same wage, salary, pension contribution, and all other compensation and all other rights of employment in providing such service, including injury, death benefits and workers' compensation benefits as well as any available insurance, indemnity or litigation defense benefits. Said benefits shall be the same as though the Law Enforcement Officer in question had been rendering services within the territorial limits of the Member where he or she is regularly employed. All wage and disability payments, including workers' compensation benefits, pension contributions, damage to equipment, medical expenses, travel, food and lodging shall be paid by the Member which regularly employs the Law Enforcement Officer providing service pursuant to this Agreement in the same manner as though such services had been rendered within the limits of the Member where such person or Law Enforcement Officer is regularly employed. Each Responding Member shall remain responsible for the payment of salary and benefits as well as for legal defense of the Responding Member's officers when acting pursuant to this Agreement. XII. Liability: In the event that any person performing services pursuant to this Agreement shall be named or cited as a party to any civil claim or lawsuit arising from the performance of services pursuant to this Agreement, said person shall be entitled to the same benefits from their regular employer as they would be entitled to receive if such similar action or claim had arisen out of the performance of their duties as a member of the department where they are regularly employed and within the jurisdiction of the Member by whom they are regularly employed. The Members hereby agree and covenant that each Member shall remain solely responsible for the legal defense and any legal liability that may arise due to the actions of a Law Enforcement Officer Mutual Aid Interlocal Agreement — Commercial Vehicle Safety Enforcement Page 3 of 7 regularly employed by said Member. Nothing herein shall be construed to expand or enlarge the legal liability of a Member for any alleged acts or omissions of any employee beyond that which might exist in the absence of this Agreement. Nothing herein shall be construed as a waiver of any legal defense of any nature whatsoever to any claim against a Member or against a Law Enforcement Officer employed by a Member. XIII. Waiver of Claims: Each party to this Agreement respectively waives all claims against each and every other party or Member for compensation from any loss, damage, personal injury or death occurring as a consequence of the performance of this Agreement even though such alleged damage may have or is alleged to have occurred as a result of alleged negligent or other tortious conduct of any party to this Agreement. XIV. Immunity Not Waived: The parties hereto expressly do not waive any immunity or other defense to any civil claims by the execution of this Agreement. It is understood and agreed that, by executing this Agreement, no party hereto or Member waives, nor shall be deemed hereby to waive, any immunity or defense which otherwise is available for claims arising out of or in connection with any activity conducted pursuant to this Agreement. XV. Venue: Each party to this Agreement agrees that if legal action is brought under this Agreement, the venue shall lie in the county in which the defendant Member is located, and if located in more than one county, then it shall lie in the county in which the principal offices of said defendant Member are located. The parties hereby stipulate and agree that this Agreement is to be construed under the laws of the State of Texas. XVI. Arrest & Citation Authority Outside Primary Jurisdiction-, It is expressly agreed and understood that a Law Enforcement Officer employed by a Responding Party who performs activities pursuant to this Agreement may issue citations and make arrests outside the jurisdiction in which said officer is regularly employed, but within the area covered by this Agreement; provided, however, that said citation and /or arrests are made in conjunction with a joint operation run by the Members pursuant to this Agreement. The Law Enforcement Officer who issues the citation and /or makes an arrest will be responsible for ensuring that both the Requesting Member and /or the jurisdiction in which the arrest is made is notified of such arrest without unreasonable delay. Notice shall be deemed given if a Law Enforcement Officer from those jurisdictions are participating in the joint operation. The Law Enforcement Officers employed by the parties to this Agreement shall have such investigative or other law enforcement authority in the jurisdictional area encompassed by the Members, collectively, to this Agreement as is reasonable and proper to accomplish the purposes for which a Request for Assistance is made pursuant to this Agreement. This Agreement, however, shall not give any Law Enforcement Officer the authority to issue citations or make arrests for Mutual Aid Interlocal Agreement — Commercial Vehicle Safety Enforcement Page 4 of 7 violations of municipal ordinances outside the jurisdiction in which said officer is regularly employed. XVII. Municipal Court Law Enforcement Officers will also help in the prosecution of any citations they may issue in another jurisdiction. The Responding Member agrees to require their Law Enforcement Officers to attend and testify in any municipal court hearings and trials in the Requesting Member's jurisdiction just as they would require their Law Enforcement Officers to attend and testify within their own jurisdiction. XVIII. Severability The provisions of this Agreement are to be deemed severable such that should any one or more of the provisions or terms contained in this Agreement be, for any reason, held to be invalid, illegal, void, or unenforceable, such holding shall not affect the validity of any other provision or term herein, and the Agreement shall be construed as if such invalid, unenforceable, illegal or void provision or term did not exist. XIX. Termination: Any party to this Agreement may terminate its participation or rights and obligations as a party by providing thirty (30) days written notice via certified mail to the Chief Law Enforcement Officer of every other party to this Agreement. Should one party terminate its participation in, or withdraw from this Agreement, such termination or withdrawal shall have no effect upon the rights and obligations of the remaining parties to this Agreement. XX. Effective Date: This Agreement becomes effective immediately upon the execution by the parties hereto and continues to remain in full force and effect until terminated pursuant to Section XIX above. XXI. Modification: 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 the complete agreement of the parties hereto and any oral modifications or written amendments not incorporated under the terms of this Section XXI shall be of no force or effect to alter any term or condition contained herein. XXII. Execution of Agreement: This Agreement shall be executed by the duly authorized official of the respective parties pursuant to approving resolutions of the governing body of the respective units of local government that are a party to this Agreement. Copies of said approving resolutions shall be Mutual Aid Interlocal Agreement — Commercial Vehicle Safety Enforcement Page 5 of 7 attached hereto and made a part hereof. This Agreement may be executed in multiple counterpart originals by the respective parties to this Agreement. XXIII. Compliance with Law: The parties hereto shall observe and comply with all applicable Federal, State and Local laws, rules, ordinances and regulations that affect the provision of services provided herein. XXIV. Inter - Jurisdictional Pursuit Agreement: The parties hereto expressly understand and agree that this Agreement does not in any way modify or restrict the procedures or guidelines which are followed by any law enforcement agency or Member pursuant to the Inter - Jurisdictional Pursuit Policy Agreement to which some Members or their law enforcement agencies may be parties. To the extent any provision of, or action taken pursuant to the Inter - Jurisdictional Pursuit Policy Agreement may be construed to conflict with the terms and conditions of this Agreement, the terms of the Inter - Jurisdictional Pursuit Policy Agreement shall control as to those particular provision or action. XXV. Coordinating Agency: The parties hereby agree that the City of Carrollton Police Department shall serve as the Coordinating Agency of this Agreement. The Chief Law Enforcement Officer or his designee of said Coordinating Agency shall maintain on file executed originals of this Agreement, related resolutions or orders of the parties and other records pertaining to this Agreement. Said Coordinating Agency shall notify all Members of the identity of the current parties hereto every twelve (12) months. XXVI. Limitation of Agreement: The parties agree and acknowledge that this Agreement is entered into by and between the Members only, and is not intended to inure to the benefit of any other person or entity. No person or entity other than a Member may claim a benefit pursuant to this Agreement. XXVII. Assignment: This Agreement is not assignable. XXVIII. Waiver: No waiver of any term or condition of this Agreement by any party shall be deemed to imply or constitute a further waiver of the same term or condition or of any other term or condition. Any such waiver must be in writing and signed by the party granting such waiver. Mutual Aid Interlocal Agreement — Commercial Vehicle Safety Enforcement Page 6 of 7 XXIX. No Agency Relationship: Nothing contained in this Agreement or in the relationship between parties or Members shall be deemed to constitute such relationship as a partnership or joint venture, or constitute one party or Member as an employee or a partner of any other party or Member, or create any other relationship between parties or Members, expressed or implied, it being understood and agreed that Contractor is a separate unit of local government acting to support and assist the other Members in specific law enforcement activities. CITY OF CARROLLTON, TEXAS CITY OF LEWISVILLE, TEXAS � 2 Leonard Pw ar•tiri, City Manager Claude King, City Manager ATTEST: ATTEST: 13 y �w 1 By Campbell, City Manager ATTEST: h xw www By: lenr1rI "° Ater , "ity Secretary APPROVED ' 1"0 FORM: CITY OF EN "F( R Mutual Aid Interlocal Agreement — Commercial Vehicle Safety Enforcement Page 7 of 7