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HomeMy WebLinkAboutContract 56704 CSC No. 56704 MEMORANDUM OF UNDERSTANDING AND AGREEMENT Between the City of Fort Worth, Texas, by and through its Police Department and the Crowley Independent School District Police Department 1. PARTIES. Tile parties to this Memorandum of Understanding and Agreement ("MOU") are the City of Fort Worth, Texas, by and through its Police Department ("FWPD") and the Crowley Independent School District Police Department("CISD PD").The City and CISD PD shall be referred to as Party individually and Parties collectively. 2. RECITALS. WHEREAS, Section 37.081 of The Texas Education Code requires a school district police department and the law enforcement agencies with which it has overlapping jurisdiction to enter into a memorandum of understanding ("MOU") that outlines reasonable communication and coordination efforts between the department and the agencies; and WHEREAS, Crowley Independent School District("CISD") is an institution of education maintaining and operating Crowley ISD Administraion, Crowley, Texas 76036 within the territorial limits the city of Fort Worth, Tarrant County, Texas; and 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 341.001 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, CISD PD and FWPD each possess and operate their own police departments which have concurrent jurisdiction as to some portions of Tarrant County, Texas; and WHEREAS, CISD PD and FWPD each find that this undertaking is necessary for the benefit of the public and so that each party has legal authority to provide the governmental function which is the subject matter of this MOU: NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: 3. FUNDING. This MOU is not an obligation or commitment of funds, nor a basis for transfer of funds. All obligations of and expenditures by each Party are subject to their respective OFFICIAL RECORD MOU between the City of Fort Worth,TX CITY SECRETARY and Crowley ISD Police Department Page I of 7 FT.WORTH, TX entity's budgetary and fiscal processes and availability of funds pursuant to all laws, regulations, and policies applicable thereto. 4. RESPONSIBILITIES. 4.1 A map of CISD PD property and the geographical boundaries or jurisdiction of CISD shall be provided by CISD PD to FWPD prior to the beginning of the school year and shall be updated immediately upon any change by providing any revision, update, or listing of the change to the FWPD Police Program Support Division. 4.2 CISD PD and FWPD will have concurrent jurisdiction on property located within the geographical boundaries of CISD and located within the territorial limits of the city of Fort Worth, Texas, subject to any special requests for assistance by CISD PD or exigent circumstances requiring immediate police response. 4.3 CISD PD shall assume primary jurisdiction on property owned by CISD and located within the geographical boundaries of CISD. CISD PD shall also be responsible for investigating all traffic accidents that occur on CISD property when school is in session and during normal school hours 4.4 CISD PD shall assume primary jurisdiction over all bomb threats to CISD property. These threats will only be reported to the Fort Worth Fire Department or Tarrant County Emergency Service District if assistance is needed in disposing of any suspicious incendiary devices. 4.5 FWPD shall retain primary jurisdiction on all property located within the territorial limits of the city of Fort Worth, Texas which is not owned by CISD and not located within the geographical boundaries of CISD, subject to any special requests for assistance or exigent circumstances requiring immediate police response. CISD PD may exercise police powers on property not owned by CISD nor located within the geographical boundaries of CISD in exigent circumstances requiring immediate police response, provided that immediate notification of such action is made to the FWPD Communications Division. 4.6 In the event that CISD PD requests the assistance of FWPD to act as the primary authority or if a major crime scene or a critical incident develops on CISD property or within the geographical boundaries of CISD, FWPD reserves the right, at its sole discretion, 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 MOU between the City of Fort Worth,TX and Crowley ISD Police Department Page 2 of 7 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. 4.7 FWPD agrees to comply with notification of criminal activities involving students enrolled in CISD schools pursuant to Article 15.27 of the Texas Code of Criminal Procedure. 4.8 FWPD officers attempting to make a felony warrant arrest on CISD property shall first attempt to contact the Chief of the CISD or designee. When possible, the FWPD officer making such arrest shall make reasonable efforts to be accompanied by an officer from CISD PD. If possible, no arrest will be made while the subject of the warrant is attending class. However, the arrest may be effected when the subject leaves the classroom. 4.9 During the execution of a search warrant on CISD property by a FWPD officer, FWPD will attempt to notify the Chief of CISD PD or designee and, if appropriate, an CISD PD officer shall be present during the execution of the warrant. 4.10 Follow-up investigations shall be conducted and completed by the department which originally handled the incident within the scope of their primary jurisdiction. 4.11 The dispatch unit of either jurisdiction shall maintain records of any calls received which are referred to the other jurisdiction and when dispatching to the other department's primary jurisdiction notify the dispatcher of that department. 4.12 Each party to this agreement expressly waives the right granted by Section 362.003(c) of the 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. 4.13 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 or peace officer duties pursuant to the agreement shall receive the same wage, salary, pension and all other compensation and all other rights for such service, including injury or death 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 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. MOU between the City of Fort Worth,TX and Crowley ISD Police Department Page 3 of 7 4.14 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 to 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 primary jurisdictional limits of the department by which the officer is regularly employed. 4.15 Police services and all the other services reasonably, related thereto, which are provided under this agreement shall be performed in accordance with 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. 4.16 It is understood that nothing in this agreement impacts the jurisdiction of the criminal courts, including the Fort Worth Municipal Court, as it relates to the filing and prosecution of offenses occurring on the property of CTSD campuses in the city limits of Fort Worth, Tarrant County, Texas. 4.17 CISD PD and FWPD covenant, and agree that in the event either party fails to comply, with, or breaches, any of the terms and provisions of 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. 5. COMPENSATION.No funds, services, or items of monetary value shall be paid,exchanged, or otherwise provided to either party for participation under the terms of this MOU. 6. CONFIDENTIALITY: The Parties understand that FWPD is a governmental entity for the purposes of the Texas Public information Act("Act"). Any documents provided to FWPD may be requested pursuant to the Act. Any documents provided by CISD PD that CPD contends are excepted from disclosure under the Act or are confidential by taw must be clearly marked as such on the first page prior to being provided to FWPD. In the event CPD's information is requested and it is marked as excepted or confidential, FWPD will notify CPD and CPD will be responsible for submitting arguments to the Texas Attorney General against disclosure of the information. CISD PD shall not release any information provided by FWPD without expressed written consent by FWPD. If any information provided to CISD PD by FWPD is MOU between the City of Fort Worth,TX and Crowley ISD Police Department Page 4 of 7 disclosed or its security is otherwise compromised, CPD shall notify FWPD as soon as possible. 7. POINTS OF CONTACT. City of Fort Worth Police Department: For CISD Police Department: Deputy Chief Renee Kamper Leshai Maston, Chief of Police 817-392-3901 817-297-5345 Sharon.Kamper@fortworthtexas.gov leshai.maston @crowley.kI2.tx.us Captain Chad Plowman I Crowley Independent School District Chad.plowmanl@fortworthtexas.gov fortworthtexas.gov 512 Peach Street 817-392-4318 Crowley, TX 76036 City of Fort Worth Police Department 505 West Felix Street Fort Worth, TX 76115 8. SEVERABILITY: If any provision of this MOU is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 9. GOVERNING LAW AND VENUE: This MOU shall be construed in accordance with the laws of the State of Texas.If any action,whether real or asserted,at law or in equity, is brought on the basis of this Agreement, venue for such action shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Norther District of Texas,Fort Worth Division. 10. ENTIRETY OF UNDERSTANDING. This MOU constitutes the entire understanding between the parties as to the matters contained herein. Any prior or contemporaneous oral or written agreement or other documents are hereby declared null and void to the extent they may conflict with any provision of this MOU. 11. IMMUNITY. FWPD does not waive its sovereign immunity by entering into this MOU, and shall fully retains all immunities and defenses provided by law or otherwise with respect to any action based on or occurring as a result of this MOU. 12. INDEPENDENT CONTRACTOR. The parties to this MOU do not intend to enter into a legal partnership, as that term is used to describe a legal entity and to involve joint and several liabilities.CISD PD shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of FWPD. Likewise, FWPD shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of CISD PD. Neither Party shall be responsible under the Doctrine of Respondent Superior for the acts and omissions of the officers, members, agents, servants, employees, or officers of the other. MOU between the City of Fort Worth,TX and Crowley ISD Police Department Page 5 of 7 13. OTHER PROVISIONS. Nothing in this MOU is intended to conflict with any current laws or regulations or with the directives of the City of Fort Worth or Tarrant County. 14.TERM. This MOU will become effective on the date it is executed by both parties("Effective Date") and will remain in effect until August 31, 2022 ("Expiration Date"). This MOU shall automatically renew annually for four (4) successive one (1) year periods, unless otherwise terminated in writing by either party with at least thirty (30) days written notice prior to the renewal date. 15. MODIFICATION AND AMENDMENT. No amendment, modification, or alteration of the terms of this MOU shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the parties hereto. 16. NOTICES. Notices required pursuant to the provisions of this MOU shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, or(2) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: For the City of Fort Worth: For Other Party: Sasha Kane Leshai Maston Sr. Contract Compliance Specialist Chief of Police City of Fort Worth Police Department Crowley ISD 505 West Felix Street 512 Peach Street Fort Worth, TX 76115 Crowley, TX 76036 Copy to City Manager and City Attorney's Office At 200 Texas Street, Fort Worth, Texas 76102 17. TERMINATION. Either party may terminate this MOU at any time, by providing the other party with thirty (30) days' written notice of termination. Such written notice shall specify the effective date of the termination. 18. SIGNATURE AUTHORITY. The person signing this MOU hereby warrants that he or she has the legal authority to execute this MOU on behalf of his or her respective party, and that such binding authority has been granted by proper order, resolution, ordinance, or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this MOU. [The remainder of this page was intentionally left blank.] [Signature Page follows.] MOU between the City of Fort Worth,TX and Crowley ISD Police Department Page 6 of 7 ACCEPTED AND AGREED: ACCEPTED AND AGREED: CROWLEY ISD CITY OF FORT WORTH: By: By: JesusChapa( 18,22115:52CST) Dr. Michael McF rland Jesus J. Chapa Chief of Police Deputy City Manager Date: 8/18/2021 Date: X PRO D AS TO F RM: APPROVAL RECOMMENDED: C- —Ryr J ^ By: Neil Noakes(Nov 18,2021 15:48 CST) Leshia Maston Neil Noakes Chief of Police Crowley ISD Chief of Police Date:08/18/2021 Date: Contract Compliance Manager: By signing i acknowledge that I am the APPROVED AS TO FORM AND person responsible for the monitoring LEGALITY: and administration of this contract, including ensuring all performance and By: reporting requirements. Taylor Paris f2quel Cleveland for Assistant City Attorney By:Raquel Cleveland for(Nov 18,202112:08 CST) Sasha Kane Date: Sr. Contract Compliance Specialist Contract Authorization: M&C: Date Approved: a� OR ' 00000. 'V. !6 0 0 °�ol ° � ATTEST: 0° o aBy:o °0000 ° � ° Ronald Gonzales Acting City Secretary OFFICIAL RECORD CITY SECRETARY MOU between the City of Fort Worth,TX FT. WORTH, TX and Crowley ISD Police Department Page 7 of 7