HomeMy WebLinkAboutContract 49640 CITY SECRETARY
CONTRACT NO.
MEMORANDUM OF UNDERSTANDING AND AGREEMENT
Between the City of Fort Worth,Texas, by and through its Police Department
and the Aledo Independent School District Police Department
1. PARTIES. The 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
Aledo Independent School District Police Department ("APD"). The City and APD 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, Aledo Independent School District ("AISD") is an institution of education
maintaining and operating Walsh Elementary, 14113 Walsh Ave. Aledo, Texas 76008
within the territorial limits the city of Fort Worth,Tarrant County, Texas; and
WHEREAS, AISD may construct and operate additional schools within the territorial
limits of 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, APD and FWPD each possess and operate their own police departments
which have concurrent jurisdiction as to some portions of Tarrant County, Texas; and
WHEREAS, APD 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 hereiQn�e1 2 4 S the
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parties agree as follows:
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
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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 funds pursuant to all laws,
regulations, and policies applicable thereto.
4. RESPONSIBILITIES.
4.1
A map of AISD property and the geographical boundaries or jurisdiction of AISD shall
be provided by APD 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
APD and FWPD will have concurrent jurisdiction on property located within the
geographical boundaries of AISD and located within the territorial limits of the city of Fort
Worth, Texas, subject to any special requests for assistance by APD or exigent circumstances
requiring immediate police response.
4.3
APD shall assume primary jurisdiction on property owned by AISD and located within
the geographical boundaries of AISD. APD shall also be responsible for investigating all traffic
accidents that occur on AISD property when school is in session and during normal school hours
4.4
APD shall assume primary jurisdiction over all bomb threats to AISD property. These
threats will only be reported to the Fort Worth Fire Department or Parker County Emergency
Service District 1 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 AISD and not located within the
geographical boundaries of AISD, subject to any special requests for assistance or exigent
circumstances requiring immediate police response. APD may exercise police powers on
property not owned by AISD nor located within the geographical boundaries of AISD 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 APD requests the assistance of FWPD to act as the primary authority or
if a major crime scene or a critical incident develops on AISD property or within the
geographical boundaries of AISD, 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 jurisdiciioii officers. Concurrent jurisdiction officers shall
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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.
4.7
FWPD agrees to comply with notification of criminal activities involving students
enrolled in AISD 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 AISD property shall first
attempt to contact the Chief of the APD or designee. When possible, the FWPD officer making
such arrest shall make reasonable efforts to be accompanied by an officer from APD. 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 AISD property by a FWPD officer, FWPD
will attempt to notify the Chief of APD or designee and, if appropriate, an APD 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.
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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 AISD campuses in the city limits of Fort Worth,Tarrant
County, Texas.
4.17
APD 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 APD that APD 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 APD's information is
requested and it is marked as excepted or confidential, FWPD will notify APD and APD will
be responsible for submitting arguments to the Texas Attorney General against disclosure of
the information. APD shall not release any information provided by FWPD without
expressed written consent by FWPD. If any information provided to APD by FWPD is
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disclosed or its security is otherwise compromised, APD shall notify FWPD as soon as
possible.
7. POINTS OF CONTACT.
City of Fort Worth Police Department: For APD:
Deputy Chief Renee Kamper Fred D. Collie,Chief of Police
817-392-3901 817-441-4816
Sharon.Kamper@fortworthtexas.gov fcollie@aledoisd.org
Acting Captain Cindy O'Neil 117 Vernon Road
Cynthia.ONeil@fortworthtexas.gov Aledo,Texas 76008
817-392-3991
Lt. Leonard Elgin
Leonard.Elgin@fortworthtexas.gov
817-392-7573
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. APD 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 APD. Neither
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Party shall be responsible under the Doctrine of Respondeat Superior for the acts and
omissions of the officers, members, agents, servants, employees, or officers of the other.
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 July 31, 2018 ("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:
James Rodriguez Dr. Derek Citty
Sr. Management Analyst Superintendent
City of Fort Worth Police Department Aledo ISD
505 West Felix Street 1008 Bailey Ranch Road
Fort Worth, TX 76115 Aledo,Texas 76008
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 Aledo ISD Police Department Page 6 of 7
ACCEPTED AND AGREED: ACCEPTED AND AGREED:
ALEDO iSD CITY OF FORT WOR T n:
I\ �r
By: By:
Dr. Derek:Citty Valerie R. Washington
Superintendent Assistant City Manager
Date: 1 — -( 7 Date: P1 IV 111:�
APPROVED AS TO FORM APPROVAL RECOMMENDED:
AND LEG ITY:
BY: _.i
By: *"" Joel F. Fitzgerald
Fred . ollie Chief of Police
Chie cif Police Aledo ISD
Date:
Date: "' — ( 7
n
Contract Compliance Manager: APPROVED AS TO FORM AND
By signing I acknowledge that I am the LEGALITY:
person responsible
for the monitoring and administration of this By:
contract,including Matthew A. Murray
ensuring all performance and reporting Assistant City Attorney
requirements.
Date:
Name of Employee
contract A ..
L jJ NO M&C REQUIRED
Title M&C:
Date Approved:
y�F FDRr
TT
o
ry J. Kayser
ity Secretary
OFFICIAL RECORDgs
CITY SECRETARY
FT.WORTH,TX
1
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and Aledo ISD Police Department Page 7 of 7