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Home My WebLink AboutContract 58346 CSC No. 58346 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF FORT WORTH, ON BEHALF OF ITS POLICE DEPARTMENT AND EAGLE MOUNTAIN-SAGINAW INDEPENDENT SCHOOL DISTRICT, ON BEHALF OF ITS POLICE DEPARTMENT This Memorandum of Understanding (MOU) is being executed by the Eagle Mountain-Saginaw Independent School District,on behalf of its Police Department("EMS ISD"),in conjunction with the City of Fort Worth, on behalf of its Police Department("FWPD"). These departments agree to abide by the terms and provisions of this MOU throughout the duration of this agreement. PURPOSE The purpose of this MOU is to set out a common understanding of the policies and procedures that the FWPD, and the EMS ISD Police Department will follow in providing police service to EMS ISD schools in Fort Worth, Tarrant County, and/or The State of Texas. This MOU is a formal agreement to clarify jurisdiction, define parameters and areas of responsibilities,and to establish a spirit of cooperation to enhance the services that both agencies provide to the citizens residing within the city limits of Fort Worth, Texas, in accordance with the provisions of the Texas Education Code,Section 37.081. MISSION The mission of this MOU is to provide better utilization of resources by the FWPD and EMS ISD Police Department. Further, it will substantially increase cooperation between these two departments eliminating waste of public resources and resulting in better accumulation of crime analysis data and ultimately providing the safest environment possible for the school children of EMS ISD and reducing crime in Fort Worth, Texas. TERMS OF AGREEMENT This agreement shall be in full force and effect from the date of the last party to sign this Agreement until October 31, 2025. This agreement may be renewed every three years upon approval by both parties. Either party may terminate this agreement upon giving written notice thirty(30)days prior to the date of termination. SERVICES PROVIDED AND RESPONSIBILITIES OF THE FORT WORTH POLICE DEPARTMENT • The FWPD will assume primary jurisdiction and serve as the lead agency for any law enforcement action originating or ending in the Fort Worth city limits except those where the incident occurs exclusively on and involving property owned,leased,rented or otherwise under the control of the EMS ISD School Board. The FWPD will retain primary jurisdiction if any of its officers discharges a firearm, is alleged to have caused serious bodily injury or death or are the victim of an assault resulting in serious bodily injury or death. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX • The FWPD may consider any request for Investigative assistance, for crimes that are, by definition of the Texas Penal Code, a 3rd degree felony or higher offense. The request will be made to the Chief of Police of the FWPD. • The FWPD agrees to assist any lead agency in response to active shooter, barricaded person, hostage incidents, bomb threats, kidnapping, or missing student incidents occurring on EMS ISD campuses. • The FWPD may defer jurisdiction to EMS ISD Police Department for offenses on EMS ISD property and in any instance when it is deemed by the FWPD to enhance police service to the community. • Media requests for press releases involving police incidents where the EMS ISD Police Department has primary jurisdiction will be referred to the EMS ISD.Records that are property of the City of Fort Worth may be subject to the Texas Public Information Act and will be released in accordance with city policy, subject to the requirements of Texas Education Code Sec. 37.084(c)and the Family Educational Rights and Privacy Act("FERPA"),20 U.S.C. Sec, 1232g and 34 CFR Part 99. • The FWPD agrees to notify the EMS ISD Police Department of any warrant service initiated by the department occurring on an EMS ISD campus except those for Class C misdemeanors or those resulting from a traffic stop initiated on a public roadway. • The FWPD and EMS ISD Police Department shall comply with Texas Education Code Sec. 37.085 and Chapter 37, Subchapter E-1 • The FWPD agrees to participate in the initial law enforcement response to any major police incident including an active shooter, barricaded person or hostage incident occurring on an EMS ISD property in the City of Fort Worth. The FWPD may assume initial command of these incidents until a representative from the EMS ISD Police Department is available on scene. In conjunction,EMS ISD Police Department and FWPD will determine the appropriate time to transition command of the incident. • The FWPD will respond to and assume the role of lead agency to any incident occurring on EMS ISD property within the Fort Worth city limits occurring while no EMS ISD Police Officer is on-duty. EMS ISD Police Department will be notified of the incident as soon as practicable. • The FWPD will share intelligence information it develops regarding any EMS ISD campus with the EMS ISD Police Department. • Whenever practicable the FWPD will provide to the EMS ISD Police Department emergency assistance at their property within the City of Fort Worth. When significant resources are required for a prolonged period of time, or a special event is planned the request should be made to the Chief of Police or designee. • Planned Special Events utilizing on-duty Fort Worth Police Officers may require reimbursement for costs incurred to the City of Fort Worth. • Neither EMS ISD Police Department nor FWPD shall be responsible for routine student discipline, school administrative tasks, or contact with students unrelated to the law enforcement duties of the officers. Texas Education Code Sec. 37.081(d-2). SERVICES PROVIDED AND RESPONSIBILITIES OF THE EAGLE MOUNTIAN- SAGINAW INDEPENDENT SCHOOL DISTRICT POLICE DEPARTMENT: 0 The EMS ISD Police Department will have primary law enforcement jurisdiction within the city limits of Fort Worth involving property owned, leased, rented or otherwise under the controlof the EMS ISD School Board. • Media requests for press releases involving police incidents where the FWPD has primary jurisdiction will be referred to the City of Fort Worth. Records that are property of the EMS ISD are subject to the Texas Public Information Act and will be released in accordance with Board policy,subject to the requirements of FERPA and Texas Education Code Sec. 37.084(c). • The EMS ISD Police Department may provide traffic control, management or enforcement that enhances the safety of their campuses on any road owned by the city where it is adjacent to an EMS ISD School campus and other roads while they are being utilized as an EMS ISD school bus stop. The district will assume liability for any costs associated with such action. This agreement does not limit the authority of the EMS ISD Police Department's officers granted by state law. • Any citation issued by the EMS ISD Police Department for a class C offense occurring in the City of Fort Worth will be referred to the Justice of the Peace Court for prosecution. Citations issued will be delivered and turned into the court clerk within 24 hours of issuance. • The EMS ISD Police Department must implement and make available to the FWPD a traffic enforcement and pursuit policy that aligns with those of the FWPD. • The EMS ISD Police Department will provide monthly statistics describing traffic stop locations, violations, and warning for violations within the city limits of Fort Worth. • Whenever practicable the EMS ISD Police Department will provide the FWPD emergency assistance as requested. When significant resources are needed, request should be made to the Chief of Police or designee. • The EMS ISD Police Department agrees to notify the FWPD of any warrant service initiated by the department and occurring in the City of Fort Worth except those for Class C misdemeanors,those resulting from a traffic stop or those occurring on property owned,leased, rented or otherwise under the control of the EMS ISD School Board. • The EMS ISD Police Department will share intelligence information it develops regarding crime related to the City of Fort Worth with the FWPD. SHARING AND SALES OF RESOURCES City and District agree that they shall be allowed and authorized share resources and sell to each other any surplus equipment or property during the term of this Agreement. INTERLOCAL AGREEMENT City and District agree and acknowledge that this Agreement authority of the Interlocal is entered into under the Interlocal Cooperation Act, chapter 791 of the Texas Government Code. City and District agree that this Agreement has been authorized and approved by their governing bodies and that each party paying for the performance of governmental functions or services shall be made from current revenue available to the paying party. ASSIGNMENT Neither party shall assign,transfer, or sub-contract any of its rights,burdens,duties, or obligations under this Agreement without the prior written permission of the other party to this Agreement. CITY LIABILITY The City understands and agrees that the City, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of the School District. The City shall not be required to indemnify nor defend the School District for any liability arising out of the wrongful acts of employees or agents of the School District to the extent allowed by Texas law. SCHOOL DISTRICT LIABILITY The School District understands and agrees that the District, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of the City. The District shall not be required to indemnify nor defend City for any liability arising out of the wrongful acts of employees or agents of City to the extent allowed by Texas law. SEVERABILITY Nothing contained in this agreement shall waive the respective immunities of the City of Fort Worth and EMS-Independent School District. The validity of this Agreement and/or any of its terms or provisions,as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. SIGNATORIES CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including By: ensuring all performance and reporting Name: Fernando Costa requirements. Title: Assistant City Manager Date:OCt 28, 2022 By: Sasha Kane(Oct 28,2022 07:42 CDT) APPROVAL RECOMMENDED: Name: Sasha Kane Title: Senior Contract Compliance Specialist ZJ APPROVED AS TO FORM AND By: Robert lldre ge(Oct 28,202212:42 CDT) LEGALITY: Name: I�eir foal{es Robert re ge, jr. Title: Chief o Ro-liee- Executive Assistant Chief 4,aavon4b Q ��AiY.1/Y ATTEST: per'� oR� o�°o By: A. p&o oi; Name: Taylor Paris *' .*� Title: Assistant City Attorney q 7G$IZ./GG666 S �/I�GLLf/ a�n�A5o4 By: Jannette S.Goodall(Nov 1,2022 08:17 CDT) CONTRACT AUTHORIZATION: Name: Jannette Goodall M&C: Title: City Secretary Date Approved: Form 1295 Certification No.: OFFICIAL RECORD CITY SECRETARY FT. WORTH, T For the Eagle ountain-Sagi w Independent School District Chief of Police Date EMS ISD Police Department Iu Superintendent Date EMS ISD to l 41 -- Boar reside Date EMS ISD School Attorney Date EMS ISD 144090 7-v 1/11841-006000