HomeMy WebLinkAboutContract 43915CITY SECRETARY
CONTRACTNO. U3(J �.
STATE OF TEXAS
S
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 State of Texas, located within Tarrant and Denton Counties, Texas (hereinafter
referred to as "City,") acting by and through Charles Daniels, 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 Angela Robinson, its Vice Chancellor for
Administration and General Counsel.
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 three
campuses, South, Northwest and May Owen in the central business district within the city limits of Fort
Worth, Tarrant County, Texas; and
WHEREAS. the Texas Education Code, Section51.203, 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 341.001 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; al ld
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 mutualcovenru l is herein expressed, the parties
agree as follows:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
11-26-12 P01:40 IN
AGREEMFI\T
The term of this agreement is for a period beginning on October 1, 2012 and ending on
September 30, 2013, and shall thereafter automatically renew from yeas to year on a October 1st through
September 30th duration unless terminated in accordince with this Agreement.
This agreement maybe terminated by either party hereto, in whole or in part, at any time and for
any reason, uponwrittennoticetothe other party. Such writtennotice shall specify the effective date of
the termination.
TCC and City covenant and agree that in the event either party fails to comply with, or breaches,
any of the terms and provisions ofthis agreement, each party shall provide wnttennotice 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 cute or correct such breaches within areasonable time
following the receipt of notice, such reasonable time not to exceed 15 days, the non -bleaching party shall
have the right to declare this agreement immediately terminated, and neither patty 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 primacy jurisdiction of the property reflected in the maps
attached as F xhtbits A tlu ough E. This map shall be updated immediately upon any change by providing any
revision, update, or listing of the change to the Foit Worth Police Department Police Program Support
Division.
6.
The Fort Worth Police Department shall retain primal)/ 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 primaryjuiisdictionauthority, the Fort Worth Police Department reserves the right to
respond and remain the primary authority until the incident has been coicluded. The official in charge of the
situation during such a request sha 11 be in accoi dance with the Fort WorthPoliceDepartment 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 Foil 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
e ffected when the subject leaves the classroom.
9.
During the execution of a search warrant on TCC property by a Fort Worth Police Department
o fficer the chiefof the TCC Police Department oi designee shall be notified if appi opriate and an officer
o f 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 other department's primary Jurisdiction
notify the dispatcher of that department.
12.
h,ach party to this Agreement expressly waives the right granted by Section 362.003(c), Texas
Local Government Code, to request reimbursement tor 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 pei son who is assigned, designated, or ordered by the chief law
e nforcement officer o fthe departalent which regularly employs them toperform police or peace officer duties
pursuant to this Agreement shall receive the same wage, salary, pension, and all other compensation and all
other' ightsfor such service, including in' uryordeath benefits, and worker's compensation benefits, the same as
though the service had been rendered within the primary jurisdictional limits of the department where the
o fficer is regularly employed. Moreover, all wage and disability payments, including worker's
compensation benefits, pension payments, damage to equipment and clothing, medical expenses, and
e xpenses of travel, food, and lodging shall be paid by the department which regularly employs such person
in the same mantle' as though service had been rendered within the pi imary jurisdictional limits of the
department where the office' 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 of the performance of
those services, that person shall be entitled to the same benefits they would be entitled torecerve 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 primary jurisdictional limits of the department by which the officer is
regularly employed.
15.
Neither City norTCC 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.
Mach 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 and functions.
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 of the 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 Chatter and Ordinances of the City of Fort
Worth, as they may be amended from time to time and is subject to rind 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, nor will TCC permit its agents, employees, subcontractors or program participants to engage
in such discrimination.
21
The provisions of this agreement ate severable and if for any reason a clause, sentence,
paragraph or other part of this agreement shall be determined to be Invalid by a court orfederal 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.
23.
The failure of City of TCC to insist upon the performance of any terns 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 teim of right of any future occasion
23,
Should any action, whether real or asserted, at law of 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.
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,
A7,pjtWt4& Tarrant Country, Texas this ` _W day of ,20 /)- - .
e CAM Motized, bd..
CITY OF FORT WORTH
POLICE DEPARTMENT
TARRANT COUNTY COLLEGE
k ed\-- ,// ?47•/2 BY:
Jeffrey W. Hals - d Date Angela R h�i son Date
Chief of Police
CITY OF FORT WORTH
C-Ciadte2
/121/
rles W. Daniels Date
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY
Ufritt-
Jessica(S1ifigsvaiig ° U Date
Assist City Attorney
ATTEST:
Authorization:.
Contract No..
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Vice Chancellor for Administration General Counsel
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OFFICIAL RECORD
c9YV SECRETARY
Ft WORTHS TX
Exhibit A
Tarrant County College
South Campus Map
Tarrant County College - Campus Map, South
Page 2 of 3
Campus Drive
Abrev
SACA
SACB
SACC
SACD
SACR
SACT
SART
SAUT
SBKS
_ - —Joe B. Rush rto Proem
Name
Academic Classrooms - A
Academic Classrooms - B
Academic Classrooms - C
Academic Classrooms - D
Automotive Collision Repair
Administrative, Counseling & Testing
Art
Automotive
Bookstore
Parking Lot
6
Parking Lot
5
http://www.tccd.edu/Campuses_and_Centers/South Campus/Map_SO.html
10/4/2012
Tarrant County College - Campus Map, South Page 3 of 3
Abrev Name
SBSA Building Services
SBSP Building Services
SBSW Building Services
SBUS Business
SELE Electronics
SERS Enrollment Services
SFOA Faculty - A
SFOB Faculty - B
SFOC Faculty - C
SFOD Faculty - D
SFOE Faculty - E
SFOF Faculty - F
SHAR Heating, Air Conditioning, and Refrigeration
SHPE Health and Physical Education
SHSC Health Sciences
SLIB Library
SMTH Mathematics
SMUS Music
SNUR Nursing
SPAC Performing Arts Center
SREC Recital Hall
SRTA Rotunda
SSCI Science
SSTU Student Center
STEC Technology
Tarrant County College District 1500 Houston Street Fort Worth, Texas 76102
Information Center: 817-515-8223 Hearing / Speech Impaired (TTY)
Online Institutional Resumes (per Sec. 51A.002, Texas Education Code)
Report A Problem
An Achieving the Dream Institution.
Copyright O Tarrant County College District. All rights reserved.
http://www.tccd.edu/Campuses_and_Centers/South_Campus/Map_SO html 10/4/2012
Exhibit B
Tarrant County College
Northwest Campus Map
Tarrant County College -Campus Map, Northwest
Page 2 of 4
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WB$A
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Tarrant County College Northwest Campus
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MCCRRS t cad I:4ot~ Lab
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MCCHS CotivAtt lnk
MCCHS Cit s :Ty
Abbrev Name
Overflow
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hr>,9 SA p3 I.cUM c r tt I%.k: ICC !r an Lgn1 opporlurtty 1rn ttt r cp.t# ilizralit to this d1h3C:r4
WACB Academic Classrooms, Railroad, Michael Saenz
Conference Center (WACB 1123)
http://www.tccd.edu/Campusetand Centers/Northwest Campus/Map_NW.html 10/4/2012
Tarrant County College -Campus Map, Northwest
Page 3 of 4
Abbrev
WADM
WATB
WB SA
WCJC
WCTS
WFAB
WFSC
WHPE
WMBA
WMBB
WMBC
WMBD
WSTU
WTLO
Name
Administration, Continuing Education, Financial
Aid, Registration, Police Department
Aviation, SMT, Avionics, Railroad, Electronics
Maintenance Department
Criminal Justice Training Center, Firing Range
Science, Testing, Counseling
Fine Arts, Music, Academic
Fire Service Training Center
Dance, Physical Education
Marine Creek Collegiate High School Offices and
Science Lab
Marine Creek Collegiate High School Cafeteria and
Teacher Workroom
Marine Creek Collegiate High School Computer
Labs
Marine Creek Collegiate High School Classrooms
1st Floor: Bookstore, Cafeteria, 1301 & 1305
(Lakeview Room)
2nd Floor: Student Activities, Computer Science
Lab, Graphics, Media
Theatre, Learning Center, Library, Faculty Offices
Updated August 8, 2012
Tarrant County College District 1500 Houston Street Fort Worth, Texas 76102
Information Center: 817-515-8223 Hearing / Speech Impaired (TTY)
Online Institutional Resumes (per Sec. 51A.002, Texas Education Code)
Report A Problem
An Achieving the Dream Institution
http://www.tccd.edu/Campuses and Centers/Northwest Campus/Map NW.html
10/4/2012
Exhibit C
Tarrant County College
May Owen Center Map
r
TARRANT COUNTY JUNIOR COLLEGE
DEPARTMENT OF
PHYSICAL PLANTS
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REVISED UT: DATE: SHEET HD. OF
Exhibit D
Tarrant County College
Trinity River Campus Map
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Tarrant
County
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TRINITY RIVER CAMPUS
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TCC "TRINITY RIVER CAMPUS
TRTR LEVEL ONE
Police/Security
Student Services
Fitness Center
TRTR LEVEL TWO
Police/Security
Class/Meeting Rooms
Riverfront Cafe
Bookstore
TRTR LEVEL THREE
Campus Police
Continuing Education
Classrooms
Rotunda Entrance
District IS Offices
TRTR LEVEL FOUR
Meeting Rooms
President's Office
Trinity River
TREC
Trinity River East Campus
LEVEL TWO
Library
LEVEL ONE
Idea Store
TREC LEVEL ONE
Coming soon
Henderson St.
N. Florence St.
K:11-CAMPUSNI-TRC1TRINITY RIVER CAMPUS \Site \ TRC Drawing2.dwg, 3/8/2010 1:4151 RF1, Adobe PDF
N. Burnett St.
Belknap St.
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111 NA
CAREER &
EMPLOYMENT
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SERVICES
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COMPUTER1
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ATOR
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ONLINE REGISTRATION ONLINE REGIS !RATION
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SERVICES
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114'
TRANSFER
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frwomENs
LOCKER
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WOMEN
A r
MEN'S
LOCKER !
2 ROOM di
TRTR - TRINITY LEVEL 1
TOPARKING GARAGE
STUDENT
DEVELOPMENT MAIN S� , ET CAMPUS MAIN STREET
`� I ' " ���T DIRECTORY
INFQ,F�I+�ATIOt� to
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MEN
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o CAFE
TO TRINITY LEVEL 1
STUDENT SERVICES
FITNESS CENTER
ELEVATORS
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Sl'UDENT
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TRTR - TRINITY LEVEL 2
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ELEVATORS
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TRTR - TRINITY LEVEL 4
TRINITY RIVER EAST CAMPUS
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1213C
1203A
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P'LICE
1102A
COMPUTER
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1402E 1402C
1312
TREF - EAST FORK LEVEL 1
2221 2216
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2223 2229
2224 2226 2228 2230
2214 2212 2210 2208
TAIR
2105
2305A
LIBRARY
2302
2319G 2319F
2319E
2319A
2301B
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TREF - EAST FORK LEVEL 2
TUDEN
LOUNGE
3209A
3108A 3110A
1 3113A 3115A
TREF - EAST FORK LEVEL 3
4215-C
STUDENT
LOUNGE
4209A
4217A 4219A
7-
4220A 4222A 4224
MEN
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4229A
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4347A 4345A 4343A14341A
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TREF - EAST FORK LEVEL 4
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WOMEN
5203A
5107A
STUDENT LOUNg 5342A
5347A
5345A
4233A 5340
5105-C
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5343A
5301
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5304
5306
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TREF - EAST FORK LEVEL 5
6417A 6415A
STUDENT
LOUNGE
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6402A
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6106 6108 6110
6126 6124 6122
6301
6302
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TREF - EAST FORK LEVEL 7
Exhibit E
Tarrant County College
Tarrant County College Opportunity Center
MEADOWBROOK VILLAGE
Cass Street
Scale: t = 20'
0
TARRANT COUNTY COLLEGE
OPPURTUNITY CENTER
K:\1-CAMPUS\1-OFF CAMPUS SITES \TARRANT COUNTY COLLEGE OPPORTUNITY CENTER formerly FWOC\9-SITE\TCOC-MASTER SITE P1AN.8w9, 3/8/2010 2:08:01 PM, Adobe PDF
M&C Review Page 1 of 2
Official site of the City of Fort Worth, Texas
FORT WORTH
CITY COUNCIL AGENDA
DATE:
CODE:
SUBJECT:
COUNCIL ACTION: Approved on 11/12/2012
11/12/2012 REFERENCE NO.: **C-25966 LOG NAME:
35TCC INTERLOCAL
AGMT
C TYPE: CONSENT PUBLIC NO
HEARING:
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, 7 and 8)
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 Agreement for the provision of police services. Since this time, the City and
TCC have appointed new Chiefs of Police. TCC has also acquired additional properties that need to
be added to the Agreement. If this Mayor and Council Communication is approved, this Agreement
will supersede the previous Agreement. Both the City and TCC have concurrent jurisdiction over the
five facilities operated by TCC in the Fort Worth city limits which are: TCC South Campus, TCC
Northwest Campus, TCC May Owen Center, TCC Trinity River Campus and the TCC Opportunity
Center.
Chapter 791 of the Texas Government Code authorizes agencies to enter into Agreements for
provisions of services. The Agreement provides 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.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on
City funds.
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=17653 &councildate 11/12/2012 11/14/2012
M&C Review
TO Fund/Account/Centers
FROM Fund/Account/Centers
Submitted for City Manager's Office by: Charles Daniels (6199)
Originating Department Head: Jeffrey W. Halstead (4231)
Additional Information Contact: Aya Ealy (4239)
ATTACHMENTS
Page 2 of 2
http://apps.cfwnet org/council_packet/mc review. asp?ID= 1 76 5 3 &councildate=1 1/12/2012 11/14/2012