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GREATER DALLAS-FORT WORTH REGIONAL
LAW ENFORCEMENT MUTUAL AID TASK FORCE
AGREEMENT
1. Preamble:
WHEREAS, the governmental entities which are parties to this agreement desire
to form a law enforcement mutual aid task force to cooperate in the investigation of
criminal activity; enforcement of the laws of this State; and, to protect health, life and
property from riot, disaster, threat of concealed explosives, unlawful assembly
characterized by force and violence or threatened violence by groups of three or more
persons; and,
WHEREAS, Chapter 791, et. seq. of the Texas Government Code authorizes local
government 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 agreement;
NOW, THEREFORE, it is mutually agreed by the parties hereto to enter into this
Agreement upon the following terms:
2. 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.
"Member" means any local government entity, including the
Dallas-Fort Worth International Airport Board (hereinafter "DFW
Airport"), which may be party to this Agreement.
"Chief Law Enforcement Officer" means the Chief of Police or the
Director of Public Safety of a municipality or DFW Airport, or the Sheriff
of a County.
"Requesting Member" means a member who requests law
enforcement assistance from another member under this Agreement.
"Responding member" means a member to whom a request for
assistance is directed by a requesting member under this Agreement.
DFW Regional Wt. Aid Agreement-Page I
3. Name:
The members hereby form a mutual aid law enforcement task force to be named
the Greater Dallas-Forth Worth Regional Law Enforcement Mutual Aid Task Force
(hereinafter "Task Force").
4. Purpose:
The purpose of the Task Force is to cooperate in the investigation of criminal
activity; enforcement of the laws of this State; and, to protect health, life and property
from riot, disaster, threat of concealed explosives, unlawful assembly characterized by
force, and violence or threatened violence by groups of three or more persons.
5. 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
personnel requested, and shall specify the location to which the equipment and personnel
are to be dispatched. However, the amount and type of equipment and number of
personnel actually furnished by a responding member shall be determined by the
responding member's chief law enforcement officer or his designee.
6. Response to Request for Assistance:
Responding members will assign law enforcement officers to perform law
enforcement duties outside the responding member's territorial limits, but within the
territorial limits of a requesting member, subject to the responding member's
determination of availability of personnel and discretion when:
A. Such assignment is requested by statutorily designated official 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 police protection and services within the
territorial limits of the requesting member.
7. 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 personnel have
been dispatched and shall be under the operational command of the requesting member's
chief law enforcement officer or his designee.
DFW Regional Mut. Aid Agreement- Page 2
8. Release:
Law Enforcement Officers of the responding member will be released by the
requesting member when their services are no longer necessary.
9. 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 personnel and equipment of the
responding member or discontinue participation in any activity initiated pursuant to this
Agreement.
10. Qualifications of Office and Oath:
While any law enforcement officer regularly employed by a responding member
is in the service of the requesting member under 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 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.
11. Right to Reimbursement:
Each party to this agreement, when providing services of personnel as a
responding party, expressly waives the right to retest 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.
12. Officer Benefits:
Any law enforcement officer or other police personnel assigned to the assistance
of another member pursuant to this Agreement shall receive the same wage, salary,
pension, and all other compensation in all other rights of employment in providing such
service, including injury, death benefits and worker compensation benefits and well as
any available insurance, indemnity or litigation defense benefits Said benefits shall be
the same as though the law enforcement officer or personnel in question had been
rendering service within the territorial limits of the member where he or she is regularly
employed. All wage and disability payments, including worker compensation benefits,
pension payments, damage to equipment, medical expenses, travel, food and lodging
shall be paid by the member which regularly employs the officer providing service
pursuant to this Agreement in the same manner as though such service had been rendered
within the limits of the member where such person or law enforcement officer is
DFW Regional Mut. Aid Agreement-Page 3
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 or
personnel when acting pursuant to this agreement.
13. Liability:
In the event that any person performing law enforcement services pursuant to this
Agreement shall be named or cited as a party to any civil claim or lawsuit arising from
the performance of their services, 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 due to the actions of
an officer or other personnel 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 an officer or employee of a
Member.
14. Waiver of Claims:
Each party of this Agreement to its members 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.
15. Immunity Not Waived:
The parties hereto expressly do not waive any immunity or other defenses to any
civil claims with the execution of this agreement. It is understood and agreed that, by
executing this Agreement, no party or member hereto waives, nor shall be deemed hereby
to waive, any immunity or defense which otherwise is available in claims arising which
are signs of or connection with, any activity conducted pursuant to this Agreement.
16. 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 and applied under Texas law.
DF W Regional Mut. Aid Agrcement- Pug 4
17. Arrest 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 make arrests
outside the jurisdiction in which said officer is regularly employed, but within the area
covered by this Agreement; provided, however, that the law enforcement agency of the
requesting jurisdiction and/or the jurisdiction in which the arrest is made shall be notified
of such arrest without unreasonable delay. The police 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 mutual aid
assistance is made pursuant to this Agreement.
18. Clauses Severable:
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.
19. Termination:
Any Party to this Agreement may terminate it's 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. 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 under this
Agreement.
20. Effective Date:
This Agreement becomes effective immediately upon the execution by the Parties
hereto and continues to remain in effective until terminated pursuant to Section 19 above.
21. 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 to the Agreement, shall be of no
force or effect to alter any term or condition herein.
DFW Regional Mut. Aid Agreement-Page 5
22. 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. Copies of said approving resolutions shall be attached hereto and made
a part hereof. This agreement may be executed in multiple original copies by the
respective Parties.
23. Compliance with Law:
The Parties shall observe and comply with all applicable Federal, State and Local
laws, rules, ordinances and regulations that affect the provision of services provided
herein.
24. Interjurisdictional 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 actions.
25. Coordinating Agency.
The Parties hereby agree that the City of Highland Park Department of Public
Safety shall served as the Coordinating Agency of the 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 o
records pertaining to this Agreement. Said Coordinating Agency shall notify all �
members of the identity of the current Parties hereto every twelve (12) months. N
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Executed and entered into on this -744 day of 0 c e r , 2003 by: p
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Member Agency: Fort Worth P ice eat gent/Cit of Fort Worth $
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Authorized official: V4—J v u
Joe Pa i gu , A si ant City Manager
Chief Law Enforcement Officer: –,—
Ralph Mendoza, Chief of Police
Date of Council Action: ID/A1103 M ` C C – 1 9 g/ I ATTESTED BY
AND LEGALITY:
'ty At pate
DFW Regional Mut. Aid Agreement-Page 6
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/21/2003
DATE: Tuesday, October 21, 2003
LOG NAME: 35MUTUALAID REFERENCE NO.: **C-19819
SUBJECT:
Participation in Greater Dallas-Fort Worth Regional Law Enforcement Mutual Aid Task Force
Agreement
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute the attached Mutual Aid Law
Enforcement Agreement with the member entities of the Greater Dallas-Fort Worth Regional Law
Enforcement Mutual Aid Task Force.
DISCUSSION:
Chapter 791 of the Texas Local Government Code authorizes local government entities to enter into
Interlocal Agreements, and Section 362.002 of the Texas Local Government Code specifically authorizes
Mutual Aid Task Force Agreements. The purpose is to allow cooperation in the investigation of criminal
activity; to enforce laws of this state; and to protect health, life and property against riot, disaster, threat of
concealed explosives, unlawful assembly characterized by force and violence or the threatened violence by
groups of three or more persons. Per direction of the City Council, the proposed agreement will supercede
the existing agreement titled Greater Dallas-Fort Worth Regional Law Enforcement Interlocal Assistance
Agreement that was executed on September 6, 1985.
The separate but similar agreement with the D/FW Airport Board approved by the City Council on October
18, 1994 (M&C C-14526), shall remain in force until such time as the D/FW Airport Board chooses to
become a party to this agreement, or the agreement is otherwise terminated. The form of the agreement
executed by most cities defines member as "any local government entity, including the Dallas-Fort Worth
International Airport Board which is party to this agreement." At this time, however, the D/FW Airport Board
has not agreed to participate, so the language in the proposed agreement was amended by City of Fort
Worth staff accordingly in order not to interfere with our existing agreement.
The agreement contains the following provisions:
1. The participating members to include local government entities, the Dallas-Fort Worth International
Airport Board, and the City of Fort Worth, agree to form a mutual aid law enforcement task force and to
assist each other by providing law enforcement officers and equipment.
2. Any member may assign its law enforcement officers and equipment to perform duties outside its
territorial limits, and inside the territorial limits of the other party when:
a) Such assignment is requested by the statutorily designated official or his/her designee of a
requesting member. (Note: The form of the agreement executed by most cities indicates "the
chief law enforcement officer" as the authorized requestor; it is the opinion of City of Fort Worth
T .,.,,o• 2 GAiTT TTT T A T A Tn D_-_ 1 --r l
legal staff that the statute designates only the official authorized to declare a civil emergency
as being able to request assistance to protect health, life, and property because of disaster, riot,
threat of concealed explosives, or unlawful assembly. The chief law enforcement officer may
request assistance for cooperation in criminal investigations and law enforcement. As a result, the
language is amended as noted in the agreement proposed for execution by the City of Fort Worth.)
b) The chief law enforcement officer of the responding party determines in his/her sole discretion that
the assignment is necessary to fulfill the purposes of this agreement in providing police protection
and services within the territorial limits of the requesting member.
3. Personnel of the responding member shall report to the requesting member's officer in tactical control at
the location to which said law enforcement personnel have been dispatched, and shall be under the
operational command of the requesting member's chief law enforcement officer or his designee.
4. The chief law enforcement officer (Chief of Police) of the responding party may, in his/her sole
discretion, withdraw his/her personnel or equipment or discontinue participation in any activity initiated
pursuant to the agreement.
5. Each party to this agreement expressly waives the right to request 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. (Note: The agreement executed
by most cities indicates that they waive the right to "receive" reimbursement. City of Fort Worth staff
recommends that the City alternatively agree to waive the right to "request" reimbursement. The contract
terminology has been amended accordingly.)
6. Any person assigned to perform services under the agreement receives his/her ususal wages and other
benefits from the party that regularly employes him/her, including injury, death, and workers' compensation
benefits, as well as any available insurance, indemnity, or litigation defense benefits.
7. Each party to this agreement agrees to waive all claims against each and every other party or member
for compensation from any loss, damage, personal injury or death occuring 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 negligent or other tortious conduct of any party to this agreement.
8. The parties of this agreement expressly do not waive any immunity or other defenses to any civil claims
with the execution of this agreement.
The Fort Worth Chief of Police has reviewed this request and recommends that the agreement be
approved. The City of Highland Park Department of Public Safety shall serve as Coordinating Agency of
the agreement.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office b1t: Joe Paniagua (6191)
Originating Department Head: Ralph Mendoza (4-8385)
Additional Information Contact: Susan Alanis (4-8262)
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