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HomeMy WebLinkAboutContract 57943 CSC No. 57943 MEMORANDUM OF UNDERSTANDING AND AGREEMENT Between the City of Fort Worth, Texas,by and through its Police Department and the City of Lake Worth, Texas by and through its Police Department 1. PARTIES. The parties to this Memorandum of Understanding and Agreement("MOU") are the City of Fort Worth, Texas ("FW") and the City of Lake Worth, Texas ("LW"). FW and LW shall be referred to as Party individually and Parties collectively. 2. RECITALS. WHEREAS, the Interlocal Cooperation Act, Chapter 791, Texas Government Code, provides authorization for any local government to contract with one or more local governments and with agencies of the State of Texas to perform governmental functions and services under the terms of this act; and WHEREAS,LW and FW each possess and operate their own police departments,the Lake Worth Police Department ("LWPD") and the Fort Worth Police Department ("FWPD"), respectively, which have concurrent jurisdiction as to some portions of Tarrant County, Texas; and WHEREAS,LW and the FW desire to enter into an agreement regarding their overlapping jurisdictions with regard to Lucyle Collins Middle School (LCMS), Marine Creek Leadership Academy (MCLA), and Miller Language Academy (MLA) which are located within Lake Worth Independent School District (LWISD) and also within the city of Fort Worth; and WHEREAS,LW and FW 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 entity's budgetary and fiscal processes and availability of fiends pursuant to all laws, regulations, and policies applicable thereto. 4. RESPONSIBILITIES. OFFICIAL RECORD CITY SECRETARY MOU between the City of Fort Worth and the City of Lake Worth Page I of 7 FT. WORTH, TX 4.1 A map of LCMS, MCLA, and MLA property and the geographical boundaries or jurisdiction of LWPD shall be provided by LWPD 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 LWPD and FWPD will have concurrent jurisdiction on property located within the geographical boundaries of LCMS, MCLA, and MLA and located within the territorial limits of the city of Fort Worth, Texas, subject to any special requests for assistance by LWPD or exigent circumstances requiring immediate police response. 4.3 LWPD shall assume primary jurisdiction on property owned by LWISD and located within the geographical boundaries of LCMS, MCLA, and MLA. LWPD shall also be responsible for investigating all traffic accidents that occur on LCMS,MCLA, and MLA property when school is in session and during normal school hours 4.4 LWPD shall assume primary jurisdiction over all bomb threats to LCMS, MCLA, and MLA 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 limit of the city of Fort Worth, Texas which is not owned by LCMS,MCLA, and MLA and not located within the geographical boundaries of LWISD, subject to any special requests for assistance or exigent circumstances requiring immediate police response. LWPD may exercise police powers on property within the city of Fort Worth but not owned by LWISD nor located within the geographical boundaries of LCMS, MCLA, and MLA 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 LWPD requests the assistance of FWPD to act as the primary authority or if a major crime scene or a critical incident develops on LWISD property or within the geographical boundaries of LCMS, MCLA, and MLA, 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 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. MOU between the City of Fort Worth and the City of Lake Worth Page 2 of 7 4.7 FWPD agrees to comply with notification of criminal activities involving students enrolled in LCMS, MCLA, and MLA pursuant to Article 15.27 of the Texas Code of Criminal Procedure. 4.8 FWPD officers attempting to make a felony warrant arrest on LWISD and LCMS,MCLA, and MLA property shall first attempt to contact the Chief of the LWPD or designee. When possible, the FWPD officer making such arrest shall make reasonable efforts to be accompanied by an officer from LWPD. 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 LCMS, MCLA, and MLA property by a FWPD officer, FWPD will attempt to notify the Chief of LWPD or designee and, if appropriate, an LWPD 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. 4.14 MOU between the City of Fort Worth and the City of Lake Worth Page 3 of 7 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 LWISD campuses in the city limits of Fort Worth,Tarrant County, Texas. 4.17 LWPD 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. S. 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 each is a governmental entity for the purposes of the Texas Public information Act("Act"), Any documents provided to either party may be requested pursuant to the Act. Any documents provided by LWPD that LWPD contends are excepted from disclosure under the Act or are confidential by law must be clearly marked as such on the first page prior to being provided to FWPD. In the event LWPD's information is requested and it is marked as excepted or confidential,FWPD will notify LWPD and LWPD will be responsible for submitting arguments to the Texas Attorney General against disclosure of the information. Any documents provided by FWPD that FWPD contends are excepted from disclosure under the Act or are confidential by law must be clearly marked as such on the first page prior to being provided to LWPD. In the event FWPD's information is requested and it is marked as excepted or confidential, LWPD will notify FWPD and FWPD will be responsible for submitting arguments to the Texas Attorney General against disclosure MOU between the City of Fort Worth and the City of Lake Worth Page 4 of 7 of the information, If any information provided to either party is disclosed or its security is otherwise compromised, each party agrees to notify the other as soon as possible. 7. 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. 8. 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 Northern District of Texas, Fort Worth Division. 9. 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. 10.IMMUNITY. FWPD and LWPD do not waive their sovereign immunity by entering into this MOU, and shall fully retain all immunities and defenses provided by law or otherwise with respect to any action based on or occurring as a result of this MOU. 11. 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. LWPD 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 LWPD. 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. 12. 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. 13. TERM. This MOU will become effective on the date it is executed by both parties("Effective Date") and will remain in effect until September 30, 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. The parties may amend this MOU to add additional renewal periods by the written mutual written consent of the parties. 14.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. MOU between the City of Fort Worth and the City of Lake Worth Page 5 of 7 15. 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: City of fort Worth: City of Lake Worth: Attn: Fernando Costa Attn: Stacey Almond Assistant City Manager City Manager 200 Texas St. 3805 Adam Grubb Fort Worth, Texas 76102-6311 Lake Worth,Texas 76135 salmond@,lakewoithtx.org With Copy to: City of Fort Worth Police Department Lake Worth ISD Sasha Kane Dr. Rose Mary Neshyba 505 West Felix Street Superintendent Fort Worth, Texas 76115 6805 Telephone Rd Lake Worth,Texas 76135 16. 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. 17. 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 filly 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 and the City of Lake Worth Page 6 of 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples. Fort Worth: Lake Worth: By: By: Name: Fernando Costa Name: StacW Title: Assistant City Manager Title: City Manager ,��n Date: Aug 2, 2022 Date: FOR CITY OF FORT WORTH INTERNAL PROCESSES: Approval Recommended: Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all By: Neil NoAes(Aug 120 218:551CDT) performance and reporting requirements. Name: Neil Noakes Title: Chief of Police B y: Sasha Kane(Aug 1,202216:32 CDT( Approved as to Form and Legality: Name: Saslia Kane Title: Senior Contract Compliance Specialist 4 By; City Secretary: Name: Taylor C. Paris Title: Assistant City Attorney By: ette S.Goodall(Aug 3,202213:W DT( Contract Authorization: Name: Jannette Goodall M&C: M&C NUMBER Title: City Secretary oA� FORTaa q *0- - N000000 Form 1295: FORM 1295 NUMBER ��oO 0 F 1. o4�0 0v00 0 -Q nEXASoA 00000 1 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX MOU between the City of Fort Worth and the City of Lake Worth Page 7 of 7