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HomeMy WebLinkAboutContract 60441CSC N o. 60441 THE STATE OF TEXAS § THIS OR[G{NAL — � EXECUTED BY TARRANT COUNTY COUNTY OF TARRANT § AND BY THE CITY OF FORT WORTH THE TARRANT REGIONAL AUTO CRIMES TASK FORCE INTER�,OCAL ASSISTANCE AGREEMENT WHEREAS the detection, apprehension, and prosecution of indi�iduals who commit motor vehicle crimes (defned herein as "motor �ehicle theft, burglary of a motor vehicle, and fraud-related motor �ehicle crime") is often hindered because the range of operations of the criminal offender is greater than the jurisdiction of the peace officers called �tpon to investigate the crime; and, WHEREAS the existence of a multiplicity of political jurisdictions in Tarrant, Jack, Hood, Palo Pinta, Par[cer, Somervell, and Wise Counties impedes the effectiveness of individual law enforcement agencies #o �etect an� eradicate automobile-related crimes; and, WHEREAS past experience has indicated that a cooperative effort be#ween law enforcement agencies and Tarrant Counfy has been efFecti�e in detecting and deterring the activities of fargeted criminal groups to the mufual benefit of all the political entities of Tarrant Coun#y and neighboring counties; and, WHEREAS pursuant to Chapter 3fi2 of the Texas Locai Go�err�men# Coc�e, the Texas Interiocal Cooperation Act, Chapter 79'f of the Texas Gor►ernment Code, Texas Administrative Code, Title 43; Part 3; Chapter 57 and Chapter 1006 of the Texas Transportation Code, the contracting go�ernmenta� entities, to-wit: Arlington, Euless, Fort Worih, Grape�ine, Haltom City, Hurst, Lake Worth, Weatherford, White Settlement, the County of Parker, t�e Coun�y of Tarranf, and the County of Wise, together with the Tarrant County Criminal District Attorney and the Tarrant County 5heriff, E�ereby agree to �articipate in, and be a part of the cooperative in�estigati�e, enforcement, and pre�enfion efFotts which are known and designated as the Tarrant Regional Auto Crimes Task Force; and, WHEREAS each of the contracting governmental entities makes the following findings: a. This Agreement serves the common interests of all parties; b. This Agreement will benefit the pub�ic; c. The di�ision of costs fairly compensa�es ail parkies to this Agreement; and d. Each entity has authorized its representati�e to sign this Agreement; e. Each entity ackr�owledges that it is a"governmental entity" and nat a "business entity" as those terms are defined in Tex. Go�'t Code § 2252.908, a�d therefore, no disclosure of interested parties pursua�t to Tex. Go�'t Code Section 2252.908 is required; and, WHEREAS, during the perFormance of the governmental functions and the paymen# for t�e performance of those go�ernmental functions under this Agreement, the parties will make the performance and payment from current revenues legaliy available to that party; and THE TARRANT REGIOIVAL AUTO CRIMES TAS FORCE INiERLOCAL ASSlSTAL�CE AGRE�MENT - PAGE 1 WHEREAS a grartt of money from the Texas Motor VeF�icle Crime Pre�ention Authority has been received to funcf the continuation of #he Tarrant Regior�al Aufo Crimes Task Force. NOW, THEREFORE, BE IT KNOWN BY THESE PRESENTS: Tha� Tarrant County, acting by and through its duly authorized County Judge, the Criminal Distric# Attorney of Tarrant County, th� S�eriff of Tarrant County, and the go�ernmental entities thafi have executed, are executing, ar wil! execute substantially simi[ar co�ies hereof at this time or in the future during the time that tf�is Agreement is in force, ac#ing herein by and through their duly authorized chief administrati�e afficer, do hereby covenant and agree as follows: TASK FORCE The Tarrant Regional Auto Crimes Task Force ("Task Force") will be a part o�the Tarrant County Sheriffs Office for adminisfrative purposes. The acti�ities of the Task Farce shall be supervised by a fiourteen (14) member Baard of Go�ernors. This Board will include as permanent �oting members the Fort Worth Chi�f of Palice, the Arlington Chief of Poiice, the Tarrant County Criminal District Attorney, and a Chairperson, who shall be the Tarrant Coun#y Sheriff. Additionally, fhe Board will consist of an executive of e�ery additional agency that participates in the Task Force with personnel, to include: The Police Chiefs of Euless, Grape�ine, Haltom City, Hurst, Lake Worth, Weatherford, Vllhite Settlement, the Parker County SherifF, the Wise Co�nty Sheriff, and a Regional Director of the Natianal lnsurance Crime Bureau. Ex-afficio members, if any, may be added by agreernenf of the �oting members; ex-o�cio members shall be non-�oting. The Board of Governors shall have the respansibility for policy, direction, and control of the Task Force. The Board of Governors will have direct responsibility for the seiectior� of a Cammander for the Task Force. The Board will monEtor the acti�ities and accomplishments of the Task Force to ensure orderly progress towards attainment of all stated objec#i�es. There will be one unit, which may form sub-groups or teams as apprapriate. The acfivities and investigations of these sub-groups or teams sha[I be led by the Sgt. Team Leader at #he direction of the Commander of the Task Force. These sub-groups or teams wili have #he duties assigned to them by the Sgt. Team Leader at the appro�al of the Commander. AUTOMOBILE RELATED CRIMES INVESTIGATIONS Automobile-related crimes in�es#igations within fhe jurisdictianal bounds of the entities �oining t�is Agreement may be coordinated through the Task Force. Afl commercial au#o crimes in#elligence recei�ed by a law enfarcement agency that is a party to this Agreement may be referred to fhe Task Force for �n�estigation. The assigned officers will respond �o complaints in a fimely manr�er. The Task Force will conduct salvage business inspections, co�ert operations, training, arrests, in�estigations, assistance to oiher agencies and public awareness education in an effort to lower the auto crimes rate. ASSET SEIZURES All asset seizures de�e{oped by the Task Force in Tarrant County under Chapter 59 of the Code of Crimina! Procedure, as well as a�y criminal acts, will be prosecuted by THE TARRAN7 R�GIONAL AUTO CRIMES TASK FORCE INTERLOCAL ASSISTANCEAGREEMENT - PAGE 2 the Tarrant County Criminal District Attorney's Office. There is hereby created a certain fur�d to be known as tf�e Auto Crimes Task Force Asset Seizure Fund {hereinafter called "Fund"), said Fund to be created in compliance with State law and the requiremenis of the grant restrictior�s. F�RFEITURE POLICY Upon eniry of a judgment in a judicial proceeding awarding monies or other proceeds to #he Tarran't Regiona! Auto Crimes Task Force, said monies or proceeds will be immediately deposited in ihe Auto Crimes Task �'orce Seizure Fund. The monies and praceeds in this Fund must be used to further the purpose o� the Task Force as required by the Tarran# Regional Auto Crimes Task Force Grant award: Enhancement af currenily funded andlor future automobile-rela�ed crimes enforcement and pre�ention programs. All forFeiture funds and other generated pragram income shall be subject to audit by the Auditor o� Tarrant County, Texas, and the Texas Motor Vehicle Crime Prevention Authority. Any con�eyance or vehicle fhat is the subjec� of a final forFeiture sha11 be awarded to t�e Task Force to be used to further the purpose of fihe Task Force as required by fhe Task Force grant award. Upon terminatian of this Agreement, ownership of eyuipment, hardware, and ather non-expendable items will revert to the applicanf far which it was acquired, subject to �he appro�al of the Motor Vehicle Crime Pre�ention Autt�ority of the State of Texas. OFFICER STATUS Any peace officer assigned #o the Task Force by a government entity which is a party ta this Agreement shail be empawered to enforce aIl laws and ardir�ances applicable in the jurisdiction of the county and municipal entities signatory to #his Agreemen#, including #F�e power to make arrests, execute search warrants, and in�estiga#e auto crimes offenses outside of the geographical jurisdiction from which he or she is assigned, but wi#hin the area co�ered by fhe jurisdictions of the counties and munic�pal entiti�s which are parties to this Agreement. While functioning as a peace officer assigned to the Task Force, he or she shall ha�e all of the law enforcement powers of a regular peace officer of such other political en#ity. A peace officer who is assigned, designated, or ordered by fhe official designated by #he governing body of any enti�y to perForm law enforcement duties as a member of the Task Force sha11 recei�e the same wage, salary, pension and all other compensation and all other rights for such ser�ice, including injury or death benefits and workers' compensation benefits, paid in accordance with the Texas Motor Vehicle Crime Prevention Au�hority Grant Guidelines, as existing or as may be amended, and applicable law, as though th�e service had been rendered within the limits of the entity from which he or she was assigr�ed. 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 equipmen� (with the exceptio� of leased vehicles, far which damages will be covered under ti�e pro�isions of the lease{s) and clothing, medical expense and expense of tra�e�, food and Iodging shall be paid in accordance with the Texas Motor Vehicle Crime Pre�ention Authority Grant Guidelines, as existing or THE TARRANT REGIONAL AUTO CR[MES TASK FQRCE INTERLOCAL A�SISTANCE AGREEMENI - PAGE 3 as may be amended. Howe�er, peace officers assigned to the Task Force will not work o�ertime that is not reimbursable to #heir assigning agency without prior appro�a� from their assigning agency supervisor. (For example, Fort Worth police officers assigned to the Task Force will not work Task Force overtime, which is not reimbursable to the Fort Wor�h Police Department, without prior appro�al from their Fort Worth police supervisor.) Instead, they wil[ be permitted to f�ex 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 Fo�ce, ii is agreed that no entity that is a party #o this Agreement shall recei�e ar be entit[ed to reimbursement from another entity par�icipating in this Agreement for any services performed pursuant to this Agreement. It is further agreed that, in the e�ent that any peace officer assigned to the Task Force is cited as a party defendant to any ci�i[ lawsuit, state or federal, arising out of his or her official acts while functioning as a peace officer assigned to the Task Force, said peace officer shall be entitled ta the same benefits that such officer would be entitled to rec�Eve had such ci�il action risen out of an official act witE�in 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 #or tf�e acts of a�eace officer of another entity assigned to tF�e Task Force. Each entity participating F�erein Endemnifes and holds all other parkicipating entities harmless for all acts of its own officers and employees acting hereunder, #o the full extent permitted by law. GENERAL PROVISIONS This Contract is subject to all grant conditions applicable to the grant of tF�e Texas Motor Vehicle Cr�me Pre�ention Au#hority to the Tarran# Regianal Auto Crimes Task Force. Each party to this Agreement expressly waives all claims agair�st every other party for compensation for any loss, damage, persona� injury, or dea#h occurring as a consequence of the performance of this Agreement. Third party claims against members shall be go�erned by the Texas Tort C�aims Act or other appropriate statutes and laws of the State of Texas and the United Stat�s. It is ex�ressiy understood and agreed tl�at, in the executian of this Agreement, no pariy wai�es, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be a�ailable to it agains# claims arising in the exercise of go�ernmental powers and fu nctions. The validity of this AgreEment and of any of its terms or �rovisions, as well as the rights and duties of the parties hereunder, shall be go�erned by the iaws of the State of Texas. ln case any one or more af the provisions contained in this Ag�eement shall for any reason be hel� to be in�alid, illegal, or unenforceable ir� any respect, such in�alidity, illegality or unenforcea�ility shall not affect any other pro�ision thereof and this Agreement shall be construed as if such in�alid, illegal or unenforceable provision had ne�er been contained herein. This Agreeme�t shail become effective as #o a party hereto on tf�e day of the execufron of the Agreement by fhe party and shall continue in effecf as to a participating THE TARRANT R�GIONAL AU70 CRIMES TAS�C FORCE INTERLOCAL A5SI5TANCE AGREEMENT - PAGE 4 entify for one year from fhe dafe of signafure and thereaf�er until it has been terminated or rescinded by appropriate acfion of the pariicipating �ntity's goveming body, or expires due to ferminaiion of the grant or by operation of law. (To minimize the adm�nistrati�e difFculty of signature befween the many parties, each city or othe� law enforcement entity will sign a substantially similar agreement with Tarrant Coun#y; howe�er, each party signing substantially similar copies is immediafely bound one to another to ali other er�tities participating during tf�e time said agreement is in force as to said entity, e�en though the parties' signatures appear on different copies of the substantially simifar copies. Any entiiy being added after tF�e agreement is in effect need only sign the documents which Tarrant County signs to be fully a parly bound to all other parties, and such signature shall, as of the date of the signing, ha�e the same force and effect as between the joining and already-bound members as if a single document was signed simultaneously by all then-par�icipa#ing entities.) If program enhancement acti�ities are terminated, unexpended revenues wi�l be promptly returned to the Texas Motor Vehicle Crime Pre�ention Authority. This Ag�'eement may be amer�ded or modi�ied by the mutual agreement of the parties hereto in writing. The Interlocal Agreemenf is for the period and on the conditions herein contained, anc4 on such conditions to this Agreement as may be added by amendment or by law, and not far any period beyond that permitted by law, nor far any purpose not permitted by law. This instrument cantains all commitmenfis and agreements of the parties, and no orai or written commitments ha�e any force or effecfi to alter any term or candition of this Agreement, unless the same are done in proper form and ir� a manner constitu#ing a bona fide arnendment hereto. The National insurance Crime Bureau, a non-local enti#y, will enter a separate agreernent with Tarrant County far the following reasons: The entity's staff member carries a statewide iaw enforcement commission and #herefore does not require the enhanced law enforcement jurisdiction afForded by this Agreement; The entity funds their staff member's salary and fringe benefits 100%; and #he enti#y's staff member perForms in a suppor# role fo the Task Force and is a�ailable less #han 100°/fl of their work week because the a�ailability of the s#aff member is subject fo assignments from their entity. The parties agree that their collective agreement may be evidenced by the execution of an identical counterpart of this instrument by the dt�ly a�fhorized offcial(s) af each participant and ihe 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. BUDGETARY MATTERS As part of this Agreement, all par#icipating entities entitled to reimbursement will be reimbursed for their participation in ihis program by grant funds, according to tF�e entity's applicable submitted budget schedule, to the extent that the budget schedufe is consistent witl� the grant. Reimbursement wEll be made thro�gh the grant's financial officer, who is presently Kimberly M. Buchanan, Auditor, Tarrant County, but is subject to change by Tarrant Coun#y. �f changed, the change will be made in accordance with the grant and all participating e�tities will be advised in writi�g. To ft�e extent that the budget schedule is inconsistent with the grant, the gra�t contrals. A copy of the latest and mosi 7HE TARRANT REGiONAL UTO GRIMES TASfC FORCE INT�RLOCAL�ANCE AGREEMENT - PAGE 5 current Granf Award Digest will be provided to aI! participating agencies when received by Tarranf County. Participating entities may bill the financial officer for reimbursement at such periodic intervals as are appropriate and in accordance with the grant. As consideration for #his agreement, Tarrant County ("Grantee") agrees to reimburse $ 133,870.00 for salary and fringe per the Budgetary ScF�edule, attached hereto, to #he City of Fort Worth ("Sub-Grantee"). !n cansideratian, the Sub-Grantee agrees to contribute match funds for salary and fringe in the amoun# of $ 33,468.00 for enhancement o# the program with a full-time detective position to the grant program. CONFIDENTIAL FUNDS The Texas Motor Vehicle Crime Prevention Authority Guidelines for Cantrol and Use of Confiden#ial Funds will be utilized for tE�e disbursement and reimbursemen� of confidential funds. UNIFORM ASSURANCES In accordance with §783.005 of the Texas Go�ernment Code Grantee and sub� granfee shall comply with the Uniform Assurances, attached hereto. FINANCIAL ADMINISTRATI�N & REPORTING In accordance with §783.006 of the Texas Go�ernment Code Standard Financial Management Conditions the prescribed are applicable to all gran�s and agreements executed between affec#ed entities: Financial Reporting: Accurate, current, and complete disclos�are of the financial results of grant refated activities must be made in accordance with the fiinancial reporting requirements of the grant. Accounting Records: Grantee will maintain records, which adequate[y identify the source and applicatior� of funds, pro�ided for grant related activities. These records will contain information pertaining to grant awards and obligations, unobligated balances, assets, liabilities, outlays or expenditures, and income. Internal Control: Effecti�e control and accountability will be maintained for all grant cash, real and personal property, and other assets. Grantee will safeguard all sucF� property and assure that it is used for authorized grant purposes. Page Budget Control: Actual expenditures will be kept within budgeied amounts #or each grant. Allowable Cost: Applicable cos# principles, agency �rogram reg�lations, and the terrns of grant agreements shall be followed in determining the reasonableness, allowability, and allocabifity of costs. Source Documentation: Accounting records m�ast be su�ported by such source documentation as checks, paid bills, payroll records, receipts, timesheets, travel �ouchers, and other records, etc. These source c�ocuments must be retained and made a�ailable for MVCPA staff when requested. Cash Managemen#: Grantee will establish reasonable procedures to ensure the receipt o� reports on cas� ba�ances and cash disbursements in sufficient time to enable them tfl prepare complete and accurate cash transactions reports to the awarding agency. Reimbursement Grant: All expenditures reported wili be based on actual TARRANT R G NAL AUTO CRIME FORCE INTERLOCA I TANCE AGR�E NT - PAGE 6 amounts paid and documented. Reporting budgeted amaunts or estimated costs as expencfitures are not permitted and if used may result in payment suspension ar�d possible terminafian of #he grant. Costs Incurred Outside the Program Period: Grant funds may not be obligated prior to the effecti�e date without written �ermission of the MVCPA director or subsequent to the termination date af the grant period. All obligations must be consistent with the Statement af Grant Award and used far statutorily authorized purposes. COMPLIANCE Grantee and sub-graniee will compiy with state law, program rules and regulations and the Statement of Grant Award. !n addition, Grantee and sub-grantee represents and warrants fhat it will compiy with ali requirements imposed by the awarding agency conceming special requirements of law, program requirements, and other administrative requirements. fnformation, guidance and program rules can be found in the Motor Vehicle Crime Pr�ventior� Authoritjl Grant Administrative Manual and if r�ot found in the administrative manual, then gran#ee and sub-grantee must follow the Texas Grant Management Standards main#ained under the autF�ority of ihe Texas Comptroller of Public Accounts. These grant manageme�t standards are used by #he Motor Vehicle Crime Pre�ention Authority in the administratior� of the MVCPA grant program. Sub-grantee Monitoring and Management: The locaf governmenf must monifor ihe activities of the sub-grantee as necessary #o ensure that sub-award perFormance goals are achieved and the sub-award is used for authorized p�rposes, En compfiance with state law, rules, and the terms and conditions of the sub-award. Monitoring of the sub-grantee must include: (1) Re�iewing financiai and perFormance reports required by the local go�ernment. (2) Following-up and ensuring that the sUb-granfee #akes timely and appropriate action on all deficiencies pertaining to the sub-award provided to the sub-grantee from the local go�ernment detected #hrough audits, on- site reviews, and oiher means. (3) Issuing a management decision for audit findings pertaining to the sub- award pro�ided to the sub-grantee from the local go�ernment as required. ACCEPTANCE OF RESTRICTI�NS 5ignature of this Agreement constitutes acceptance of all grant conditions, grant restrictians a�td the terms of all applicable laws. This is to certify that the objectives of the Tarrant Regional Auto Crimes Task Force as stated in its Grant Application for the fiscal year{s) funding covered by tF�is Agreement ha�e been re�iewed and that it is mutually agreed to cooperate �o whate�er extent is necessary in carrying 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 condi�ions in relatian ta the application. Ager�cies or their representati�es shalf ha�e the right to investigate, examine and audit at any time any and all necessary books, papers, documer�#s, records and personnel that pertain to this contract or any related subcontracts. THE'fA NT REGIUNAL AUTO CRIM TA K FORC� 1N�ERLOCAL A 51STANCE AGREEMENT - PAGE 7 EQUAL EMPLOYMENT OPPORTUNITY PROGRAM CERTIFICAT�ON The city law enforcement agency signing along with Tarrant County certifies that: Either the city law enforcement agency signing along with Tarrant Caunty employs fifty (50} or more people and has recei�ed or applied to the Texas Motor Vehicle Crime Pre�ention Authority for total funds in excess ot $25,�00, in which case the ciiy law enforcemen� agency signing along with Tarrant Cour�ty certifies that i� has formulated an equal employment opportunity program in accordance with 2$ CFR 42.301 e#_ seq., Subpart E and that it is on file in the office af: NAME TITLE STREET ADDRESS CfTY, STATE OR, if the abo�e is left blank, the city law enforcement agency signing along with Tarrant County certifies that it is nof required by the #erms of #his grant or the laws applicable thereto to ha�e such a plan on file in order to participate in this gran#. The Tarrant County Judge certifies that: Tarrant County employs fifty (5�) ar more people and has recei�ed or applied to the Texas Motor Vehicle Crime Prevention Authority for #o�al funds in excess of $25,000; therefore, Tarrani Coun�y has formulated an equal employment opportunity pragram in accordance with 28 CFR 42.301 et� seq., Subpart E and that is on file in the office of: TINA GLENN DIRECTOR OF HUMAN RESOURCES '10� Easi Weatherford Street Fort Worth, Texas 76196. Said plar� or plans are on file and available for re�iew or audit by an official of the Texas Motor Vehicle Crime Prevention Authorjty as required by reie�ant laws anc� regulations. ENTIRE AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, betvueen the parties hereto with respec# #o the subject matter hereof, and no o#her agreernent, statement, or promise relating ta the subject matter of this Agreement which is not contained herein shall be �alid or binding upon all parties. THE TARRANT REGIUNAL AUTO CRIM S TASK FORCE INTERLOCAL ASSISTANCE AGREEMENT - PAGE $ 51GNED AND EXECUTED this � COUNTY OF TARRANT day of i�'��"�;�-�-� , 2023. STATE OF TEXAS C � Tim O'Hare County Judge . ,- `� f�f/ Bill E. Wayb rn 5heriff APPROVED AS TO FORM: CERTIFICATION QF AVAi�ABLE FUNDS IN THE . AMOUNT OF $ 139,422.00 � r� • i� �� r �//= ��iminal District Attorney's Office* Tarrant County Auditor 'By law, the Criminal districi Attorney's Office may only approve contracts for its dients. We reviewed this document as io farm from our clieni's legal perspective. Other pariies may not rely on this approval. Instead those part'ses should seek cantract review from independent caunsel. Each entity acknowledges that it is a"governmental entity" and not a"business entity" as those terms are defined in Tex. Gov't Code § 2252.908, and therefore, no disclasure of interested parties pursuant io Tex. Gov't Code Section 2252.908 is required. THE TARRANT R�GIOfVAL AUTO CRIMES TASK FORCE INTERLQCAL ASSISTANCE AGREEMENT- PAGE 9 OTHER SIGNING ENTITY: City of Fort Worth NAME OF ENTITY SIGNATURE OF AUTHORIZED OFFICIAL Assistant City Manager TITLE APPROVED AS TO FORM AND LEGALITY: ATTORNEY FOR ABOVE-LISTED NON-COUNTY ENTITY Attest: Nov 3, 2023 DATE Nov 3, 2023 DATE THE TARRANT REGIONAL AUTO CRIMES TASK FORCE INJERLOCAL ASSISTANCE AGREEMENT -PAGE 1 O BUDGETARY SCHEDULE Budge#ary Schedule: $ 111,045A0 Salary $ 22,825.OD Fringe $ 5,552.00 Taskforce O�ertime $ 139,422.aQ Total Reimbursable Funds $ 33,468.00 Cash Maich Partior� paid by City of For� Worth THE TA RANT REGIONAL AUTO CRIME iASK FORCE INTERLOCAL ASSISTANCE AGREEMEIVT - PAGE Z 1 NONSUPPLANTING CERTiFICATION OF PARTIClPATING AGENCIES OTHER THAN GRANTEE Texas Government Code 772.006(a)(7) requires that sta#e fu�ds provided by this Act shall not be used to supplant state or local funds. Public Law 98-473 requires that federal funds pro�ided by that Act shall not be used to supplant state or local funds. The city law enforcement agency certifies that Texas Mator Vehicle Crime Prevention Authority funds will not be used to replace state ar lacal funds that wpuld be a�aiiable in the absence of Texas Motor Vehicie Crime Prevention Authority funds. Fernando Costa NAME Assistan# City Manager TITLE City of Fort workh (CiTY OR LAW ENFORCEMENT ENTITY) (No#e: Tarrant County's certification is ir�corporated in each grantee's re�ort of expenditure and status of funds. Alsa, a copy of the Uniform Assurances, as it appears in the Texas Grant Management Standards, APPENDIX 6; page 67, follows this page. THE TARFiANT REGION/.lt AUT� CRIMES TASK FORC� INTERlOCAL ASSISTANCE AGREEMENT - PAGE 12 UNIFORM ASSURANCES NON-COUNTY ENTITY ASSURANCES CERTIFICATION I certify that the programs proposed in �his application meet all the requiremer�ts of the Texas Motor Vehicle Crim� Pre�ention Authoriiy Program, that all the information presented is correct, and that the applicant will comply with the rules of the Texas Motor Vehicle Crime Pre�entian Authority and all other applicable federal and state laws, regulations and guidelines. By appropr�ate language incorporated ir� each grant, subgrant, or other document under which funds are to be disbursed, the undersigned sF�all assure that fhe foilowing assurances apply to all recipients of assistance. We acknowledge reviewing the TxGMS Standard Assurances by Local Gove�nments as promulgated by the Texas Comptroller of Public Accounts, and attached hereto on the following pages, and agree to abide by the ferms stated therein. Fernando Costa NAME Assistan# City Manager TITLE Citv of Fort Worth (CITY OR LAW ENFORCEMENT ENTITY) No�e -- This Interlocal Assistance Aqreement was last updated July 2023. TFiE TARRANT REGIONAL AUTO CRIMES TASK FORCE 1NTER#.�CAL AS5ISTANCE AGREEMENT - PAGE 13 UNIFORM ASSURANCES In accordance w�th �783.005 of the Texas Go�ernment Code Grantee and sub- grantee shall compfy wi#h the foilowing uniform assurances: (1) Byrd Anti-Lohbying Amendment. Grantee certifes �hat no federal appropriated funds have beer� paid or will be paid to any person or organization for influencing or attempting to influence an officer or employee af any agency, a member of Congress, an officer or employee of Congress, ar an employee of a member of Congress on its behalf to obtain, extend, or modify this contract or gran�. If non-federal funds are used by Grantee to conduct such lobbying activities, the prescribed disclosure farm shall promptly be fi�ed. In accordance with 31 U.S.C. �'� 352(b)(5), Grantee acknowledges and agrees tha� it is responsible for ensuring that each sub-grantee certifies its compliance with the expenditure prohibition and the declaration requirement. (2) Child Support Obligation. Grantee re�resents and warrants that it will include the following clause in the award dacuments far e�ery sub-award and subcontract and will require sub-recipients and cantractors ta certi�y accordingly: Under Section 231.006 of the Family Code, tF�e �endor or applicant certifies that the indi�idual or b�siness enfity named in this contract, bid or application is not ineligible to receive the specified grant, loan, or payment and acknowledges tha# this contract may be terminated and payment may be wifih�eld if this certification is inaccurate. A bid or an application for a contract, grant, or Ioan paid from statE funds must include fhe r�ame a�d sociaf security nurn�er of the individual or sole proprietor and each partner, shareholder, or owner with an ownership interesf of at least 25 percent of t�e business entify submitting the bid or application. (3) Clean Air Act 8� Federal Water Pollution Control Act. Grantee reptesents and warrants that i# will comply with all appiicable standards, nrders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollufion Control Act as amended (33 U.S.C. 1251-13$7). (4) Compliance with Laws, Rules and Requirements. Grantee represenis and warrants that it will comply and assure the compliance of all its sub-recipients and cantractors, with all applicable federal and state laws, ruies, regulations, and poiicies in effect or hereafter established. !n addition, Grantee represenis and warrants that it will comp[y with all requirements imposed by the awarding agency concerning special requirements of law, program requirements, and o#her administrati�e requirements. In instances where multip[e requirements apply to Grantee, the more restric#ive requirement applies. (5) Confract Oversighf. Grantee represents and warrants that it will maintain o�ersight to ensure tF�at contractors perform in accordance with the terms, condiiions, and specifica#ians of their contracts or purchase orders. {6) Contract Work Hours & Safety Standards Act. Grantee represents and warrants that it wili comply with the requirements of #he Can#ract Work Hours ar�d Safety Standards Act (40 U.S.C. 37Q1-3708). THE ARRAM' IOIVAL AUTO IMES TASK FOR E INTERLOCAL ASSI 'i NCE A REEMENT - PAGE 14 (7) Cybersecurity Training Program. Grantee represents and warrants its compliance with§ 2054.5191 of the Texas Go�ernment Code relating #o the cybersecurity training program for local go�ernment employees who ha�e access to a local go�ernment camputer system or database. ff Grantee has access to any state computer system ar database, Grantee shall complete cybersecurify training and verify completion of �he training program to the Agency pursuant �o and En accordance with§ 2054.5192 of the Government Code. (8) Da�is-Bacon Act and the Copeland Act, Grantee represents and warrants that it will comply with the requirements of the Davis-Bacon Act (40 U.S.C. 3141 — 3144, and 3146-3148} as supplemented by Department of Labor regulations (29 CFR Part 5, °Labor Standards Pro�isions Applicabfe to Contracts Co�ering Federally Financed and Assisted Construction") and the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874). (9) Debarment and Suspension. Grantee certifies t�at it and its prir�cipa�s are not suspended or debarred from doing business wi#h the state or fed�ral gover�ment as listed on the 5tate of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Managemenf {SAM) maintained by the Genera! Services Administration. (10) Debts and �elinquencies. Grantee agrees tha# any payments due under the contract or gran� shall be applied towards any debt or delinquency that is owed to the Sfate of Texas. (11) Disaster Reco�ery Plan. Upon request of Agency, Grantee shall pro�ide copies of its mast recent busin�ss continuity and disaster reco�ery plans. (12) Disclosure of Vioiations of Federal Criminal Law. Grantee represents and warrants its compliance with 2 CFR § 200.1 � 3 which requires the disclosure �n writing of r►iola#ions of federal criminai law in�olving fraud, bribery, and gratuity and the reportir�g of ce�tain ci�il, criminal, or administrati�e proceedings to SAM. (13) Disclosure Protections for Certain Charitable Organizations, Charitable Trusts � Private Foundations. Grantee represents and warrants that i# will comp�y w�th Section 2252.9Q6 of the Texas Government Code relating tn disclasure protections fior certain charitable organizatians, charitable trusts, and pri�ate foundations. (14) Dispute Resolution. The disp�te resolution process pro�ided in Chapter 2009 of the Texas Government Cade is a�ailable to the parties #o resof�e any dispute arising under the agreement. (15) Excluded Parties. Grantee certifies tha� it is r�ot lisfed in the pro�ibited �endors list authorized by Executi�e Order No. 13224, "Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism", published by #he Unite� States Department of the Treasury, Office of Foreign Assets Control. (16) Executive Head of a State Agency AfFirmation. Under Section 669.003 of the Texas Government Code, re�ating to contracting with an executi�e head of a state T TA�iRA I A A TO RIMES �ASK FO INTERLOCAL AS515TA A REEMENT - PAGE 75 agency, Grantee represents that no person who served as an executive of Agency, in the past four (4) years, was in�ol�ed with or has any interest in the contraci or grani. If Grantee employs or has used the services of a former executive of Agency, then Grantee shall pro�ide the following information in #he Response: name of #he farmer executive, the name of the state agency, tfi�e date of separation from the state agency. the position held wiih Grantee, and the date of employment with Grantee. {17} Funding Limitation. Grantee understands that all obligations of Agency under the contract or grant are subject to the a�ailability of grant funds. The contract or grant is subject to terminatifln or cancellation, either in whole or in part, without penalty to Agency if such funds are not appropriated or become unavailable. (18) Go�erning Law & Venue. This agreement shall be go�erned by and construed in accordance with the laws of the State of Texas, wi#hout regard to the conflicts of law provisions. The �enue of any suit arising under this agreement is fixed in any court of competent jurisdiction of Tra�is County, Texas, unless tf�e specific venue is otherwise identified in a stafute that directly names or otherwise idenfifies its applicability to the contracting state agency. (19) Indemnification. TO THE EXTENT PERMITTED BY THE TEXAS CONSTiTUTION, LAWS, AND RULES, AND WITHOUT WAIVING ANY IMMUNITIES OR DEFENSES AVAILABLE TO GRANTEE AS A GOVERNMENTAL ENTITY, GRANTEE SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND AGENCY, ANDIOR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASS[GNEES, AND14R DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAEMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATT�RNEY FEES, AND EXPENSES ARISING OUT �F, OR RESULTING FROM ANY ACTS �R OMISSIONS OF GRANTEE OR IT5 AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT AND ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY GRANTEE WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND GRANTEE MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINiNG THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. GRANTEE AND AGENCY AGREE TO FURNiSH TIMELY WR[TTEN N�TICE TO EACH OTHER OF ANY SUCH CLAIM. (20) Law Enforcement Agency Grant Restric#ion. Grantee is a law enforcement agency reg�lated by Chap#er � 70'I of the Texas Occupafions Code, Grantee represents and warra�ts that it will not use appropriated money ur�less the law enforcement agency is in compliance with all rules adopted by the Texas Commissian on Law Enforcement (TCOLE), or TC�LE certifies that it is in the process of achieuing comp�iance with such� rules. {21) Legal Authority. Grantee represents that it passesses legal authority to apply far #he grant. A resolution, motion or similar action has been duly adopted or passed as an afFcial act of t�e Grantee's go�erning body, authorizing the fi[ing of the Respanse, including a[I understandings and assurances contained therein, and directing and 'THE TARRANT REGIONAL AUTO CRIMES TASK FORCE INTERLOC�4L ASSISTANCE AGREEMENT - PAGE 76 au#horizing the person identified as the official representati�e, ar the designee of Grantee to act in con�ection with the Respanse and to provide such additional infarmatian as may be required. (22) Limitations on Grants to Units of Local Go�ernment. Respondent acknowledges and agrees tF�at appropriated funds may no# be expended in the form of a grant to, ar contract with, a unit of local government unless the terms of the grant or contract require #�at t�e funds recei�ed under the grant or contract will be expended subject to the limitations and reporting requirements similar #o those provided by the followir�g: (a) Parts 2 artd 3 of the Texas General Appropriations Act, Art. IX, except there is no requiremenf for increased saIaries for Iocal government employees; (b) Sections 556.004, 55fi.005, and 55fi.00fi of tF�e Texas Go�ernment Code; and (c) Sections 21'13.012 and 2'I 13.101 0� the Texas Government Code. (23) Lobbying Expendifiure Restriction. Grantee represents and warrants that Agency's payments to Grantee and Grantee's receip# of apprapriated or other funds under the contract or grant are not prohibited by Sections 403.1067 or 556.�D55 of the Texas Gavernmer�t Code which restrict lobbying expenditures. (24) No Conflicts of Interest (State). Grantee represents and warrants that pertorrnance under #he contract or grant will not constitute an actual or poten#ial conflict of in�eres# or reasona�ly creat� an appearance of improprie#y. F�rther, Grantee represents ar�d warrants that in the adminis#rafion of the grant, it wil� comply wi#h ail conflict of interest prohibitions and disclosure requirements required by applicable law, rules, and policies, including Chapter 176 of the Texas Local Government Code. lf circumstances change during the course of the contract or grant, Grantee shali prompt�y notify Agency. (25) No Waiver of Sovereign Immunity. The Parties expressly agree fha# no provision of the grant or contract is in any way intended to constitute a waiver by #he Ager�cy or the State flf Texas of any immunit�es fram suit or from liability that the Agency or the State af Texas may ha�e by operation of law. (26) Open Meetings. Grantee re�resents and warrants its campliance with Chapter 551 of the Texas Go�ernment Code which req�ires all regular, special ar called meeting of a go�ernmental body to be open ta the public, except as otherwise pro�ided by law. (27) Political Polling Prohibition. Respondent represen#s and warrants that it does nat perform politicai polling ar�d acknowledges that appropriated funds may not be granted to, or expended by, any entity which perForms political polling. (28) Texas Public Information Act. informatior�, documentation, and other TFEE TARRANT REGIONAL AU70 CRIMES TASK FORCE INTERLOCAL ASSISTANCE�4GREEMENT - PAGE 17 material in connection wiih this Solicitation or any resulting contract or grant may be subject #o public disclosure pursuant to Chapter 552 of the Texas Government Code (the "Public Information Act"). 1r� accordance with Section 2252.907 of the Texas Go�err�ment Code, Grantee is required to make any informatiort created or exchanged with the S#ate pursuant to the contract or grant, and no# otherwise excepted from disclosure under the Texas Pubfic information Act, a�ailable in a format that is accessihle by the public at no additionai charge to #he State. (29) Reporting Compliance. Grantee represents ar�d warrants ti�at it wilI submit timely, complete, and accurate repo�ts in accordance with the grant and maintain appropriate backup documen#ation to support the reports. {30} Records Retention (State-Grant). Grantee shall maintain and retain all records relating to -the perFarmance of the grant including supporting fiscal documents adequate to ensure that claims for grant funds are in accordance with applicable State of Texas requirements. These records will be maintained and retained by Grantee for a period of four (4) years after fhe grant expiration date or until all audit, claim, and titigation matters are resolved, whichever is later. Agency reserves the righ� to direct a Grantee to retain documents for a longer period of time or transfer certain reco�ds to Agency cus#ody when it is determined the records possess Ivnger term refention �alue. Grantee must incl�tde the substance of this clause in all subawards and subcontracts. (31) Reporting Suspected Fraud and Unlawful Conduct. Grantee represents and warrants that it wiil comply with Section 321.022 of the Texas Go�ernment Code, which requires thaf suspected fraud and unlawful conduct be reported to the State Auditor's Office. (32} State Auditor's Right to Audit The state auditor may conduct an audit or in�estigation of any entity recei�ing funds from the state directly under the contract or indirect[y through a subcontract under the contract. The acceptance o� funds direcily under the contract or indirectly tY�rough a subcontract ur�der the contract acts as acceptance af the authority of tF�e state auditor, under the direction of the IegislatEve audit cornmittee, ta conduct an audit or in�estigation in connection with fhose funds. Under the direction of the legislati�e audit committee, an entity that is the subject of an audit or in�estigation by the state a�ditor must pro�ide the state auditor with access to any information the state auditor considers relevan� to the in�estigation or audit. (33) Sub-Award Monitoring. Grantee represents and warrant t�at it will monifor the acti�ities of the suia-grantee as necessary fo ensure that the sub-award is used for authorized purposes, in compliar�ce with applicable statutes, reguia#ions, and tf�e terms and conditions of the sub-award, ar�d that sub-award perFormance goals ar� achie�ed. T E 7AR NT REG10N AUTO CRIMES K FORCE IN O AL ASSISTAN REEM�NT - PAGE 7 8 [Executed effective as of the date signed by the Assistant City Manager below.]/ [ACCEPTED AND AGREED:] City: ")=:"""..,.1C, By: Name: F emando Costa Title: Deputy City Manager Date: Nov 3, 2023 City: By: Name: Title: Date: Rob�v 3,202314:31 CDT) Robert A. Alldredge Executive Assistant Chief Nov 3, 2023 CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approved as to Form and Legality: By: Name: Taylor Paris Title: Assistant City Attorney Contract Authorization: M&C: 23-0924 Contract Compliance Manager: By signing I acknowledge that I am the personresponsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: Name: Sarah Shannon Title: Supplemental Funding Manager City Secretary: �A� By: U Name: Jannette Goodall Title: City Secretary DATE: November 2, 2023 FROM: Sarah Shannon Financial Management Division Fort Worth Police Department City of Fort Worth Inter-Office Correspondence SUBJECT: Tarrant Regional Auto Crimes Task Force lnterlocal Assi stance Ag reement FY24 Attached for your signature, please find the Tarrant Regional Auto Crimes Task Force lnterlocal Assistance Agreement for fiscal year 2024. A copy of the executed agreement will be sent to the City Secretary as soon as it has been finalized by the Commissioners Court. The City of Fort Worth has been an active participant in the Task Force since 1993. The agreement allows for reimbursement up to $133,870.00 to cover 80% of salary and fringe for the assigned detective and requires 20% match funds up to $33,468.00 budgeted in the general fund. □M&C Not Required @' M&C Required: M&C 23-0924 □Form 1295 Number: Not Reguired Please contact Sarah Shannon at 817-392-4254 or sarah.shannon@fortworthtexas.gov for all questions and concerns. Taylor Paris Assistant City Att orney Keith Morris Assistant Director Rob�3,202314:31 con Robert A. Alldredge Executive Chief of Police Nov 3, 2023 Date Nov 3, 2023 Date Nov 3, 2023 Date Tarrant Regional Auto Crimes Task Force lnterlocal Assistance Agreement llPage � CITY COUNCIL AGENDA Officia{ site of the City of Fort Worth, Texas FoRr� t{ Create New From This M&C REFERENCE *"MB�C 23- 35FY 24 TARRANT DATE: 1Q131I2023 NO.: 0924 LOG NAME: REGfONAL AUTO CRIMES TASK FORCE CODE: C TYPE: GONS�NT PUBLIC NO HEARING: SUBJECT: {ALL) Authorize Execution of an interlocal Agreernent with Tarran# County to Participate i� the Tarrant Regional Auto Crimes Task Force, Authorize Acceptance of a Grant Award far the Tarrant Caunty Regional Auto Crimes Task Force in the Amoun# of $133,870.00, Authorize Transfer from the General Fund of $33,468.00 #o #he Grants Operating State Fund for the City's Match Requirement, and Adopt Appropria#ion �rdinances RECOMMENDATION: lt is recomme�ded that th� City Council: 1. Authorize the execution ofi an Infierlocal Agreement with Tarrant County to participate in the Tarrant Regianal Auto Crimes Task Fo�-ce; 2. Authorize the acceptance of grant funding award for khe Tarrant RegionaE Auto Crimes Task Force in the amount of $133,870.00; 3. Adopt the attached appropriation ordinance reallocating approp�iatians in the General Fund for the Palice Depar-tment by decreasing appropriations from Salary and Ber�e�ts �ategory ir� the amount of $33,468.00 and increasing appropriations in the Transfers & Other category by the same amount; and 4. Adopt the attached apprapriation ordinance increasing estimated receipts ar�d approprfations in the Grants Opera�ing State Fund, (1} in the amount of $133,87D.00, subject to the receipt of the grant� and (2) in the amount of $33,468.00, as a transfer from the General Fund, as the Clty's rr�atch requirement, for a total of $167,338.00, for the purpose of funding Participation in the Tarrant Regianal Auto Crimes Task Force. DISCUSSION: The City of �ort Worth has been an acti�e participant in the Tarrant Regional Auto Crimes Task Force {Task Force) since 1993. As auto crimes cvntinue to e�ol�e, a cooperative effart is necessary to effecti�ely detect and eradicate automobile-related crimes. The Task Force uses coordinated and cooperati�e enforcement, crime pre�ention techniqu�s, and #echnolagy to in�estigate auto crimes. Taslc Force participation for the new Fiscal Year of the grant has increased ta ele�en focal agencies along with Tar�ant County. The Task Force is grant-funded through fhe Motor Vehicle Crime Preveniion Authority. The City of Fort Worth is a suk�-recipient of the grant. The Fort Worth Police Department will assign one detecti�e to the Task Force. The grant funds will reimburse eighty percent of salary and fringe in the amount of $133,870.00 to the City for the detecti�e assigned and authorized a�ertime up to five percent af annual salary. T�e agreement requires match funds of twenty percen# for salary and fri�ge in t�e amount of $33,468.00 from the General Fund. The detective selecied for the task fo�ce is budgeted 100 peresnt io the General Fund to perform work related to auto crimes. The cambined gran# funding and City's match represent the totai compensation budget for this positian. Indirect costs are not allowable expenses under this grant. This Task Farce serves ALL COUNCIL DISTRICTS. � FISCA� [NFORMATIONICERTIFICATION: The Director of Finance certifies that upon approval af the abo�e recommendations and adopiion of the attached appropriation ordinances, funds will be available in the current operating budget, as appropriated, in the Grants Opera#ing 5tate Fund. The Police Department (and Financial Management Services) will be responsible for the collection and deposit of funds due to the City. Prior fo any expenditure being incurred, the Police Department has the responsibility to validate the availability of funcis. This is a reimbursement grant. TO Fu�d Department IQ Department ID Praject j Program Project ID Submitted for Citv Manage�'s OfFice by_ Ori inatin De artment Head: Additional Information Con#act: ram ludget Reference # Amount Year (Chartfield 2� �udget Reference # Amount Fernando Costa (6122) Neil Noakes (4212) Adriana Gonzales (4217) Sarah 5hannon (4254) ATTACHMENTS 35FY24 TARRANT REGIONAL AUTO CRlMES funds avail.pdf (Pu�lic} FID TABLE FY 24 TARRANT AUTO CRIMES TASK FORCE.XLSX (CFW Inter�aq ORD.APP 35FY24 TARRANT REGIONAL AUTO CRIMES TASK FORCE 10100.docx {Public) ORD.AP� 35FY24 TARRANT REGIONAL AUTO CRIMES TASK F�RCE 210Q2.docx {Fublic)