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Home My WebLink AboutContract 53831 RECENED APR 24 2020 CSC No. 53831 CIV OF FOR-r,I�SECRETARY h STATE OF TEXAS § COUNTIES OF TARRANT § AND DENTON In consideration of the mutual covenants, promises and agreements contained herein, this agreement is made and entered into between the City of Fort Worth, a home rule municipal corporation of the Stale of Texas, located within Tarrant and Denton Counties, Texas (hereinafter referred to as "City,") acting by and through Jesus J. Chapa, its duly authorized Assistant City Manager, and Tarrant County College, an institution of higher learning in the State of Texas (hereinafter referred to as "TCC,") acting by and through Susan Alanis, Chief Operating Officer. RECITALS This Agreement is made under the authority granted to the City and TCC pursuant to the Texas Government Code. Chapter 791,known as the INTERLOCAL COOPERATION ACT. WHEREAS, TCC is a state institution of higher education maintaining and operating multiple campuses within the city limits of Fort Worth, Tarrant County, Texas which include the following(1)TCC South Campus; (2)TCC Northwest Campus; (3)TCC Trinity River Campus; (4) TCC Trinity River East Campus; (5) TCC District Multipurpose Center on N. Riverside Drive; (6) TCC Opportunity Center; (7) Erma Johnson Hadley Center for Excellence; and (8) the May Owen Center; WHEREAS, the Texas Education Code, Section 51.203, confers on commissioned peace officers of state institutions of higher education jurisdiction in the county of the institution; and WHEREAS, the Texas Local Government Code, Section 341.00(I) and 341.021. confer on commissioned peace officers of the City of Fort Worth jurisdiction within the city limits and for certain purposes throughout Tarrant County, Texas; and WHEREAS, TCC and Fort Worth each possess and operate their own police departments which have concurrent jurisdiction as to some portions of Tarrant County, Texas; and WHEREAS,TCC and Fort Worth each find that this undertaking is necessary for the benefit of the public and that each party has legal authority to provide the governmental function which is the subject matter of this Agreement. NOW, THEREFORE, in consideration of the mutual coven rules herein expressed, the parties agree as follows: AGREEMENT 1. �.n..,., RECORD� The term of this agreement is for a period beginning on October 1st, 2019, and c 6ding on September 30, 2020, and shall thereafter automatically renew from year to year on Octobei l each -RETARY year thereafter unless terminated in accordance with this Agreement. FT WORTH, 'TX —_i 2. This agreement may be terminated by either party hereto, in whole or in part, at any time and for any reason, upon written notice to the other party. Such written notice shall specify the effective date of the termination. 3. TCC and City covenant and agree that in the event either party fails to comply with, or breaches, any of the terms and provisions or this agreement , each party shall provide written notice to the other as soon as reasonably possible after the non-breaching party becomes aware of the failure to comply or breach of contract. In the event that the breaching party fails to cure or correct such breaches within a reasonable time following the receipt of notice, such reasonable time not to exceed 15 days,the non-breaching party shall have the right to declare this agreement immediately terminated, and neither party shall have further responsibility or liability hereunder. 4. The Fort Worth Police Department shall retain concurrent jurisdiction, subject to any special requests for assistance by the TCC Police Department or exigent circumstances requiring immediate police response. 5. TCC Police Department shall assume primary jurisdiction of the property reflected in the maps attached as Exhibits A through E. This map shall be updated immediately upon any change by providing any revision, update, or listing of the change to the fort Worth Police Department Police Program Support Division. 6. The Fort Worth Police Department shall retain primary jurisdiction over non-TCC owned property and streets subject to such assistance as may be requested of the TCC Police Department. The TCC Police Department may exercise police powers over non-TCC owned property and streets in exigent circumstances requiring immediate police response, provided that immediate notification of such action is made to the Fort Worth Police Department Communications Division. 7. In the event the TCC Police Department requests the assistance of the Fort Worth Police Department to act as the primary jurisdiction authority,the Fort Worth Police Department reserves the right to respond and remain the primary authority until the incident has been concluded. The official in charge of the situation during such a request shall be in accordance with the Fort Worth Police Department General Orders Manual. Such official shall have on-scene command authority over the placement and role of any concurrent jurisdiction officers. Concurrent jurisdiction officers shall notify the primary jurisdiction dispatcher prior to their presence at the incident scene and shall make a diligent attempt to notify the primary jurisdiction commanding officer at the scene. 8. Fort Worth Police Department officers attempting to make a felony warrant arrest on TCC property shall contact the chief of the TCC Police Department or designee. The Fort Worth Police Department officer making such an arrest shall be accompanied by an officer from the TCC Police Department. If possible, no arrest will be made while the subject of the warrant is attending class but the arrest may be effected when the subject leaves the classroom. 9. During the execution of a search warrant on TCC property by a Fort Worth Police Department officer, the chief of the TCC Police Department or designee shall be notified if appropriate and an officer of the TCC Police Department shall be present during the execution of the warrant. 10. Follow-up investigations shall be conducted and completed by the agency which originally handled the incident within the scope of their primary jurisdiction. 11. The dispatch unit of either jurisdiction shall maintain records of any calls received which are referred to the other jurisdiction and when dispatching a unit to the othcrdepartmentl sprimary jurisdiction notify the dispatcher of that department. 12. Each party to this Agreement expressly waives the right granted by Section 362.003(c),Texas Local Government Code, to request reimbursement for services performed under this agreement with the exception of those services provided to other agencies for a fee, such as crime laboratory analysis, communications services.etc. 13. Any law enforcement officer or other person who is assigned,designated, or ordered by the chief law enforcement officer of the department which regularly employs them to perform police orpeace officer duties pursuant to this Agreement shall receive the same wage,salary,pension,and all other compensation and all otherrights for such service,including injury or death benefits, and worker's compensation benefits,the sameas though the service had been rendered within the primary jurisdictional limits of the department where the officer is regularly employed. Moreover, all wage and disability payments, including worker's compensation benefits, pension payments,damage to equipment and clothing, medical expenses,and expenses of travel,food, and lodging shall be paid by the department which regularly employs such person in the same manner as though service had been rendered within the primary jurisdictional limits of the department where the officer is regularly employed. 14. In the event that any person performing law enforcement or police protection pursuant to this Agreement shall be cited as a party to any civil lawsuit,state or federal, arising out ofthe performance of those services,thatperson shallbe entitledtothe samebenefits they would beentitledto receive if such civil action had arisen out of the performance of their duties as a member of the department where they are regularly employed and within the primaryjurisdictional limits ofthe departmentby which the officeris regularly employed. 15. Neither City nor TCC shall be responsible under the Doctrine of Respondeat Superior for the acts and omissions of its officers, members, agents, servants,employees,or officers of the other. 16. Each party to this Agreement expressly waives all claims against the every other party for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement, except for acts in violation of the law. 17. It is expressly understood and agreed that,in the execution of this Agreement,no party waives nor shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers andfunctions. 18. Police services,and all other services reasonably related thereto,which are provided under this Agreement shall be performed in accordance the General Orders, Standard Operating Procedures, Rules, Regulations,and Ordinances ofthe department by which each such officer or employee providing such services is employed, and in conformity applicable laws of the State of Texas and the United States. 19. This Agreement is entered into subject to the City Charter and Ordinances ofthe City of Fort Worth,as they may be amended from time to time and is subj ect to and is to be construed, governed and enforced under all applicable State of Texas and United States laws. 20. City and TCC, in the execution, performance or attempted performance of this contract and agreement,will not discriminate against any person or persons because of sex,race,religion,color or national origin,norvA CC permit its agents,employees, subcontractors orprogram participants to engage in such discrimination. 21. The provisions of this agreement are severable and if for any reason a clause, sentence, paragraph or other part ofthis agreement shall be determined to be invalid by a court or federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. 22. The failure or City of TCC to insist upon the performance of any term or provision of this agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's or TCC's right to assert or rely upon any such term or right or any future occasion 23. Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance or non-performance of this contract and agreement,venue for said action shall lie in Tarrant County,Texas. 24. This written instrument constitutes the entire agreement by the parties hereto concerning the work and services to be performed hereunder,and any prior or contemporaneous,oral or written agreement which purports to vary from the terms hereof shall be void. IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort Worth, Tarrant Country, Texas this_a3ra day of �Thj , 20L9,0 ACCEPTED AND AGREED: CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and TEsUS ChCtpq administration of this contract, including By: Jesus Chapa(Apr23,2020) ensuring all performance and reporting Name: Jesus J. Chapa requirements. Title: Assistant City Manager /n APPROVAL RECOMMENDED: r Dg)WIT9Z 13y: Charles E Ramirez(Apr 23,2020) Name: Charles Ramirez Title: Assistant Chief of Police i3y: Edwin Kraus(Apr23,2020) Name: Edwin KrausA. , . APPROVED AS TO FORM AND Title: Chief of Police lr}i ' ,. LEGALITY: ATTEST: c •: , " .. .4j � � �� y;ri�ir�%t•Z. ru��t�Z y' Thomas R.Hansen(Apr 23,2020) ame: Thomas Royce Hansen By: <: "; �`� Title: Assistant City Attorney Name: Mary J. Kayser Title: City Secretary CONTRACT AUTHORIZATION: M&C: 35TCCLF-FY20 9-0-O a4} Date Approved: 04 10 1/ao Form 1295 Certification No.: M TARRANT COUNTY COLLEGE By: Name: Susan Alanis Title: Chief Operating Officer OFFMAL RECU D CITY SECRETARY FT. WORTH,TX Exhibit A Tarrant County College South Campus Map � Y� '� isL - .• - = � - .:=. `; . ._., � _!�,� i �a �� : .. . , �, !! � '. � �/ ` � � � :� ' / 1 yj�i --' . i. IISa �� . 1 i �"� f. -�� / � ti. �~ s- ta�- • t� s� _ ,� � ~ • .� �� ,, p. _. . : r.a .... . -. _ o Exhibit B Tarrant County College Trinity River Campus Map 4 p � � R� R r �• - k P 5 A--- "W7 . . Exhibit C Tarrant County College Northwest Campus Map r all v f � WL j; dr YIN f � -_ F •.� fw� J Exhibit D Tarrant County College District Erma Johnson Hadley Center Map a .a c� 0 o �oz4 pH v Q h11. • III Q Z G w y .n koritage o - ;"wag." Exhibit E Tarrant County College District Multipurpose Center Map - or Z Z , 1 N a c 1 Z 1 N a 5450 North Riverside Drive 8 ZT _N N_ d ' 0 r Q •TCCD ODMC -- Offsite District:.. a � �► s Sphetion Exhibit F Tarrant County College District May Owen Center Map &Ar +� lb J� t �. J Exhibit G Tarrant County College Opportunity Center Map g � � � . � I F ~ - �� . - ) � <e G � ..� \ % � � - . ilk- - « . ƒ - a �ƒ2 . . Exhibit H Tarrant County College Trinity River East Map ' r 16 y No e , �r x b w f City of Fort Worth, Texas Mayor and Council Communication DATE: 04/07/20 M&C FILE NUMBER: M&C 20-0244 LOG NAME: 35TCCLE FY20 SUBJECT Authorize Execution of an Interlocal Agreement with Tarrant County College to Establish Concurrent Police Jurisdiction on Tarrant County College Campuses Operating Within the Fort Worth City Limits(COUNCIL DISTRICTS 2,4,5,7,8 and 9) RECOMMENDATION: It is recommended that the City Council authorize the execution of an Interlocal Agreement with Tarrant County College to establish concurrent police jurisdiction on Tarrant County College campuses operating within the Fort Worth city limits. DISCUSSION: On October 31,2000, (M&C C-18328)the City of Fort Worth(City)and Tarrant County College(TCC)entered into a mutual Interlocal Agreement (Agreement)establishing provisions of police services within concurrent jurisdictions.Since this time,the City and TCC have appointed new Chiefs of Police and TCC has also acquired additional properties that need to be added to the Agreement. If approved,this Agreement will supersede the previous Agreement however the substance of the Agreement will remain the same as the previous one. Both the City and TCC have concurrent jurisdiction over the eight facilities operated by TCC in the Fort Worth city limits which are: (1)TCC South Campus; (2)TCC Northwest Campus; (3)TCC Trinity River Campus; (4)TCC Trinity River East Campus; (5)TCC District Multipurpose Center on N. Riverside Drive; (6)TCC Opportunity Center;(7)Erma Johnson Hadley Center for Excellence;and(8)the May Owen Center. Chapter 791 of the Texas Government Code authorizes agencies to enter into Agreements for provisions of services.The Agreement will provide the following: • City has primary jurisdiction on all non-TCC property within the city limits; • TCC generally retains primary jurisdiction on its property within the city limits; • Either agency may exercise police power of the other's defined primary jurisdiction during exigent circumstances; • TCC may ask for assistance from the Fort Worth Police Department(FWPD)during emergency situations and ask FWPD to assume primary jurisdiction. In any event,the primary jurisdiction commander will have on-scene command placement and role of concurrent jurisdiction officers; • No fees shall be charged as part of the Agreement; however,this will not affect fees for other services such as crime laboratory analysis, communications, etc.;and • The primary agency assumes no liability for the actions of the employees of the concurrent jurisdiction's agency. A Form 1295 is not required because:This contract will be with a governmental entity,state agency or public institution of higher education:Tarrant County College FISCAL INFORMATION I CERTIFICATION: The Director of Finance certifies that approval of this recommendation will have no material effect on City funds. Submitted for City Manager's Office by. Jay Chapa 5804 Originating Business Unit Head: Ed Kraus 4231 Additional Information Contact: Sasha Kane 4547