HomeMy WebLinkAboutRes 04-45 Authorizing an Agreement with the Tarrant County Fire Marshal TOWN OF WESTLAKE
RESOLUTION NO. 04-45
A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF
WESTLAKE, AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN
INTERLOCAL ASSISTANCE AGREEMENT WITH THE TARRANT COUNTY
FIRE MARSHAL'S OFFICE, ET. AL., FOR FIRE AND EXPLOSION
INVESTIGATIONS.
BE IT RESOLVED BY THE BOARD OF ALDERMAN OF THE TOWN OF
WESTLAKE, TEXAS:
SECTION 1: That the Board of Aldermen of the Town of Westlake does hereby
authorize the Town Manager of Westlake to enter into an agreement for interlocal
assistance for fire and explosion investigations.
SECTION 2: That this Resolution shall become effective upon the date of its
passage.
PASSED AND APPROVED ON THE 13 T' DAY OF SEPTEMBER, 2004.
Scott Bradley, Mayor
ATTEST:
�I
O
E,>
ing Crosswy, Town S retary Trent Petty, To anager
APPROVED AS TO FORM:
. Canton o n Attorney
THE STATE OF TEXAS}
COUNTY OF TARRANT)
INTERLOCAL ASSISTANCE AGREEMENT FOR
FIRE AND EXPLOSION INVESTIGATIONS
This agreement is entered into by and between the city, county or other governmental
agency that is signatory to this agreement, all being either municipal corporations, county
government, or some other political subdivision chartered or established by the
Constitution of the State of Texas, hereinafter referred to as "member agencies" or
"Party", and each acting through their duly authorized elected representatives.
This agreement supersedes and shall be controlling over all other interlocal agreements
for fire, arson or explosion investigation between any of the member agencies, and all
other such agreements are specifically repealed in whole.
WITNESSETH
WHEREAS, the governing officials of the member agencies and political subdivisions of
the State of Texas, desire to secure for each member agency or political subdivision the
benefits of mutual aid in the protection of life and property from fire or explosion by
entering into this innerlocal agreement for establishing investigative resources to conduct
the cause and origin investigation of a fire or explosion and perform any latent criminal
investigations resulting from said fire or explosion incident.
WHEREAS,there is a need for investigative cooperation for suspected arson cases in
Tarrant County and the surrounding Counties; and
WHEREAS, the parties hereto have determined that the best possible method for
attacking the crime of arson within Tarrant County and the agencies within the
surrounding Counties,to include Dallas, Denton, Ellis, Johnson, and Parker County is an
agreement establishing such cooperation; and
WHEREAS,the parties desire to enter into this agreement to provide investigative
cooperation in connection with arson or suspected arson cases; and
WHEREAS, each participating agency is authorized to perform the services
contemplated for it herein;
NOW, THEREFORE, the parties do hereby agree as follows:
Page 2 of 3
1. The Parties hereto execute this agreement for the purpose of providing fire and arson
investigation and prosecutorial capabilities to each other as the need arises.
2. The Tarrant County Fire Marshal shall be the Coordinator of the investigative task
force created by this agreement and his office shall be the central repository for the
documents executing such agreements.
3. Any request for investigative assistance by one party to another party under the terms
of this agreement does not obligate that party to respond if resources are not available.
The availability of any officer to respond to a request for assistance shall be determined
by the party responding to the request
4. When requested by a party, any other party to this agreement shall provide available
members of its arson investigation unit to assist in the cause and origin investigation of a
fire or explosive incident and provide such other investigative assistance that is necessary
for the prosecution of any criminal activity associated with the incident. While engaged
in such activities, employees of the responding party shall be under the direction and
supervision of the requesting party's officer in charge of the investigation process.
5. While performing tasks under this agreement, employees of the responding Party shall
be vested with all arson investigative and police powers of the requesting Party's officer-
in-charge.
6. In performing its duties under this agreement, each parry will comply with all
necessary Federal, State, and local laws, rules and regulations, including those relating to
the disposal of property acquired from grant funds.
7. The party that regularly employs the investigative officer shall be responsible for all
salary, disability and pension payments, injury or death benefits, workers compensation
benefits, damages to equipment and clothing of the officer while he or she is involved in
activities pursuant to this agreement,the same as though the services had been rendered
within the limits of the jurisdiction wherein he or she is regularly employed The
requesting Party shall have no obligation to reimburse the responding Party for such cost.
8. In the event that any person performing services pursuant to this Agreement shall be
cited as a party to any civil lawsuit, State or Federal, arising out of performance of those
services,he or she shall be entitled to the same benefits that he or she would be entitled to
receive if such civil action had arisen out of performance of duties as a member of the
department or agency where he or she is regularly employed and in the jurisdiction of the
party by which he or she is regularly employed.
9. Each Party to this agreement expressly waives all claims against the other Party for
compensation for any loss, damage, personal injury or death occurring as a consequence
of the performance of this agreement.
Page 3 of 3
10. it is expressly understood that when an employee or volunteer of the responding
member agency is performing duties under the terms of this agreement, that the person is
considered to be acting in the line of duty for the purposes of 42 U.S.C.A., Section 3796;
is considered to be in performance of duties within the provisions of Chapter 615, Texas
Government Code and Chapter 142, Texas local Government Code; and shall be entitled
to any other benefits which accrue under law as a result of injury or death, or loss which
occurs while in the line of duty.
11. A party to this agreement may withdraw from it only after providing not less than
ninety (90)days written notice of same to the Tarrant County Fire Marshal who is acting
as the central repository of all agreements between member agencies.
12. This agreement when signed into effect by the elected official of each member
agency will authorize that agency to be placed on"Member's Agency List", which will
hereafter be known as Exhibit"A" and will constitute a listing of agencies who's fire and
arson investigative personnel will constitute the man.-power pool of Arson Task Force
Members who are in compliance with by-laws of the Tarrant County Fire and Arson
Investigators Association.
ATTEST: APPROVED:
A_ (4,2!b,
ing Crosswy, TownN�ecretary Tre et�, Tow�nManager
On this the day of 2004 AD
APP AS F .
. Stanton Attorney
County Legal Council
EXHIBIT "A"
List of member agencies entering into the agreement.
AGENCY DATE
1. Tarrant County Fire Marshal's Office August 27,2002
2. City of Burleson July 11, 2002
3. City of Euless June 25, 2002
4. City of Flower Mound July 15, 2002
5. City of Roanoke December 10, 2002
6. City of Crowley September 5, 2002