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800-LI ON NOL 111OS311
MUTUAL AID INTER-LOCAL 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 safety 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 Grapevine,Texas,the City of Euless,
Texas,the City of Hurst,Texas,the City of Bedford,Texas, and the City of Southlake,Texas(sometimes referred to
collectively as("Members"), which is a party to the Agreement.
"Chief Law Enforcement Officer" means the Chief of Police of a Member.
"Requesting Member" means Member making the request.
"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 Northeast Tarrant
County Commercial Motor Vehicle Safety Task Force(hereinafter the"Task Force").
III. Pu rpose:
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 8
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.
IV. Request for Assistance:
Any Request for Assistance under the 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. 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
services contemplated by the Agreement within the territorial limits of the Requesting Member.
VI. Operational Control:
All personnel of the Responding Member shall report to the Requesting Member's officer in 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 8
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. Rights 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 available pursuant to Chapter 362 of the Texas Local Government Code.
XI. 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 the service pursuant to this Agreement in
the same manner as though such services had been rendered within the territorial limits of the Member where
such person or Law Enforcement Officer is regularly employed. Each Responding Member shall remain responsible
for the payments 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 the 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 herby 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 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.
(Mutual Aid Interlocal Agreement-Commercial Vehicle Safety Enforcement_
Page 3 of 8
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 principle 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 and Citation AuthoritV Outside Primary Jurisdiction:
It is expressly agreed and understood that a Law Enforcement Officer employed by a Responding Member
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 the 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
purpose 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 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 jurisdictions.
(Mutual Aid Interlocal Agreement-Commercial Vehicle Safety Enforcement)
Page 4 of 8
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 Section XXI
shall be of no force or effect to alter any term or condition contained herein.
XXIL 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 party to this
Agreement. Copies of said approving resolutions shall be 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.
(Mutual Aid Interlocal Agreement-Commercial vehicle Safety Enforcement)
Page 5 of 8
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 Agreements 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-Jurisdiction Pursuit Policy
Agreement may be construed to conflict with the terms 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 Grapevine 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. Limitations 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 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.
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 each Member is a separate unit of local government
acting to support and assist the other Members in specific law enforcement activities.
(Mutual Aid Interlocal Agreement-Commercial Vehicle Safety Enforcement)
Page 6 of 8
CITY OF GRAPEVINE, TEXAS CITi.Ja
OUTHLAKE, TEXAS
By /-' By:
Eddie Salame,rrChief of Police Brandon, Chief of Police
By: l By
Bruno Rumbelow, City Manager Shana K. YeIiUon, City Manager
ATTEST: ATTEST:
B By:
Tar-a-Brooks, City Secretary Lori Payne, City Secretary
CITY OF EULESS,TEXAS CITY OF H R ,TEXAS
By: By. 7t✓
Michael Brown, Chief of Police Steve Moore, Chief of Police
By: By:
Loreta Getchell, City Manager CC Clay C hers, City Manager
ATTE T• ATTE T:
BV: By.
Kim Sutter, City Secretary Rita Frick, City Secretary
(Mutual Aid Interlocal Agreement-Commercial Vehicle Safety Enforcement)
Page 7 of 8
CITY OF BEDFO D EXAS
By,
Jeffft
n, Chief o Police
r
By:
Roger Gibs , ity Manager
ATTEST:
By:
Mich el Wells, City Secretary
(Mutual Aid Interlocal Agreement-Commercial Vehicle Safety Enforcement)
Page 8 of 8