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HomeMy WebLinkAboutContract 50575 12 AM 10CbCITY SECRETARY ��p IN, tC JPO w CONTRACTNO.LO Cn 5 c;) THE TARRANT COUNTY SHERIFF'S OFFICE AND ceo c�tcssG�� ITY OF FORT WORTH, TEXAS POLICE DEPARTMENT MUTUAL AID AGREEMENT Lild WHEREAS, Tarrant County, acting on behalf of the Tarrant County Sheriffs Office ("TCSO"), and the City of Fort Worth, a home rule municipal corporation organized under the laws of the State of Texas, with its principal place of business at 200 Texas Street, Fort Worth, Texas ("Fort Worth"), by and through its Police Department ("FWPD") desire to enter into a Mutual Aid Agreement (the "Agreement") to aid and cooperate in the prevention and investigation of criminal activity; to enforce the laws of the State of Texas, and, to more quickly and appropriately respond to 911 calls and other critical incidents in Tarrant County which may have a high likelihood for Law Enforcement Officer injury or death. WHEREAS, Chapter 791, et. seq. of the Texas Government Code authorizes local government entities to enter into Interlocal Contracts and Section 362.002 of the Texas Local Government Code specifically authorizes Mutual Aid Task Force Agreements such as this agreement; NOW, THEREFORE, it is mutually agreed by the parties hereto to enter into this Agreement upon the following terms: 1. Definitions: The following terms shall have the following meanings when used in this Agreement: a. "Law Enforcement Officer" means any commissioned peace officer as defined under the Texas Code of Criminal Procedure. b. "Member" means The Tarrant County Sheriff s Office or Fort Worth Police Department. 2 34 5 g ) c. "Chief' means the Chief of Police of a Member or the Sheriff of a County 8� 0 C� OFFICIAL RECORD CITY SECRETARY sFC9TaWant GUST ounty/FWPD Mutual Aid Agreement �i WOUN,TX Page 1 of 8 114�0* 2017 2. Name: The Members hereby form a mutual aid law enforcement taskforce to be named the"TCSO/FWPD Law Enforcement Mutual Aid Task Force." 3. Purpose: The purpose of the task force is to cooperate in the prevention and investigation of criminal activity; to enforce the laws of the State of Texas; and, to more quickly and appropriately respond to 911 calls and other critical incidents in Tarrant County which may have a high likelihood for Law Enforcement Officer injury or death. 4. Compensation: No funds, services, or items of monetary value shall be paid, exchanged, or otherwise provided to either Member for participation under the terms of this Mutual Aid Agreement. 5. Request for Assistance: The FWPD requests that the TCSO provide the FWPD with at least one Law Enforcement Officer who will be embedded in the Fort Worth Police Department's Tactical Medic Unit ("TMU"). The amount and type of equipment and number of personnel actually provided by the TCSO shall be determined solely by the TCSO's Chief or his/her designee. 6. Response to Request for Assistance: The TCSO shall assign at least one Law Enforcement Officer ("Assigned Officer") to perform law enforcement duties within the TMU. Such duties may be outside of the TCSO's territorial limits, but within the territorial limits of the FWPD. The Assigned Officer shall be both a deputy and a paramedic and will operate under the medical protocols of the TMU. Prior to performing any unsupervised medical treatment, the Assigned Officer's medical abilities shall be tested and approved by the Office of the Medical Director. The Assigned Officer will remain in a TCSO uniform, drive a TCSO vehicle and will adhere to all TCSO policies and procedures. However, any such assignment of TCSO personnel or equipment shall be at the sole discretion of the Chief or his/her designee of the TCSO. In return, the TMU will respond to TCSO requests and tactical operations, 911 calls and other critical incidents in Tarrant County which may have a high likelihood for Law Enforcement Officer injury or death. Tarrant County/FWPD Mutual Aid Agreement Page 2 of 8 AUGUST 2017 7. Operational Control: Law Enforcement Officers of the TCSO providing assistance under this agreement and the TMU shall be under the sole operational command of FWPD for purposes of medical aid and response only. Overall scene control shall be the responsibility of the law enforcement agency primarily responsible for the geographical area unless such command has been relinquished to the TCSO. 8. Release: Law Enforcement Officers of the TCSO shall be released by the FWPD when their services are no longer necessary. 9. Withdrawal from Response: The Chief, or his/her designee, of the TCSO, in his/her sole discretion, may at any time withdraw the personnel and equipment of the TCSO or discontinue participation in any activity initiated pursuant to this Agreement. 10. Qualifications of Office and Oath: While any regularly employed Law Enforcement Officer of the TCSO is in the service of the FWPD under this Agreement, said Law Enforcement Officer shall have all powers of a certified peace officer of the State of Texas and of the FWPD. The qualifications of office of said Law Enforcement Officer where regularly employed shall constitute his or her qualifications for office within the territorial limits of the FWPD and no additional oath, bond or compensation shall be required. 11. Right to Reimbursement: Each party to this agreement, when providing services of personnel as a responding party, expressly waives the right to request reimbursement for services performed or equipment utilized under this agreement even though a request for such reimbursement may be made pursuant to Chapter 362 of the Texas Local Government Code. 12. Officer Benefits: Any Law Enforcement Officer or other police personnel assigned to the assistance of another Member pursuant to this Agreement shall receive the same wage, salary, pension, and all other compensation in all other rights of employment in providing such service, including injury, death benefits and worker compensation benefits as well Tarrant County/FWPD Mutual Aid Agreement Page 3 of 8 AUGUST 2017 as any available insurance, indemnity or litigation defense benefits. Said benefits shall be the same as though the Law Enforcement Officer in question had been rendering service within the territorial limits of the Member where he or she is regularly employed. All wage and disability payments, including worker compensation benefits, pension payments, damage to equipment, medical expenses, travel, food and lodging shall be paid by the Member which regularly employs the officer providing service pursuant to this Agreement in the same manner as though such service had been rendered within the limits where such person or Law Enforcement Officer is regularly employed. TCSO shall remain responsible for the payment of salary and benefits as well as for legal defense of TCSO's officers or personnel when acting pursuant to this Agreement. 13. Liability: In the event that any person performing law enforcement services pursuant to this Agreement shall be named or cited as a party to any civil claim or lawsuit arising from the performance of their services, said person shall be entitled to the same benefits from their regular employer as they would be entitled to receive if such similar action or claim had arisen out of the performance of their duties as an employee of the Member where they are regularly employed and within the jurisdiction of the Member by whom they are regularly employed. The Members hereby agree and covenant that each Member shall remain solely responsible for the legal defense and any legal liability due to the actions of an officer or other personnel regularly employed by said Member. Nothing herein shall be construed to expand or enlarge the legal liability of a Member for any alleged acts or omissions of any employee beyond that which might exist in the absence of this Agreement. Nothing herein shall be construed as a waiver of any legal defense of any nature whatsoever to any claim against a Member or against an officer or employee of a Member. 14. Waiver of Claims: Each party of this Agreement respectively waives all claims against the other party for compensation from any loss, damage, personal injury or death occurring as a consequence of the performance of this Agreement even though such alleged damage may have occurred as a result of alleged tortious conduct of any party to this Agreement. Tarrant County/FWPD Mutual Aid Agreement Page 4 of 8 AUGUST 2017 15. Immunity Not Waived: The parties hereto expressly do not waive any immunity or other defenses to any civil claims with the execution of this Agreement. It is understood and agreed that, by executing this Agreement, no party or member hereto waives, nor shall be deemed hereby to waive, any immunity or defense which otherwise is available in claims arising which occur from or in connection with, any activity conducted pursuant to this Agreement. 16. Venue: Each party to this Agreement agrees that if legal action is brought under this Agreement, the venue shall lie in Tarrant County, Texas. The parties hereby stipulate and agree that this Agreement shall be governed by the laws of the State of Texas. 17. Arrest Authority Outside Primary Jurisdiction: It is expressly agreed and understood that a Law Enforcement Officer employed by a TCSO who performs activities pursuant to this Agreement may make arrests outside the jurisdiction in which said Law Enforcement Officer is regularly employed, but within the Area covered by this Agreement; provided, however, that the law enforcement agency of the FWPD's jurisdiction and/or the jurisdiction in which the arrest is made shall be notified of such arrest without unreasonable delay. The Law Enforcement Officers employed by the parties to this Agreement shall have such investigative or other law enforcement authority in the jurisdictional Area encompassed by the Members, collectively, to this Agreement as is reasonable and proper to accomplish the purposes for which a request for mutual aid assistance is made pursuant to this Agreement. 18. Clauses Severable: The provisions of this Agreement are to be deemed severable such that should any one or more of the provisions or terms contained in this Agreement be, for any reason, held to be invalid, illegal, void, or unenforceable; such holding shall not affect the validity of any other provision or term herein and the agreement shall be construed as if such invalid, unenforceable, illegal or void provision or term did not exist. Tarrant County/FWPD Mutual Aid Agreement Page 5 of 8 AUGUST 2017 19. Termination: Either party to this Agreement may terminate its participation or rights and obligations as a Member by providing thirty (30) days written notice via certified mail to the Chief Law Enforcement Officer of the other Member. 20. Effective Date: This Agreement shall be effective immediately upon the execution by the parties hereto and shall remain in effect for five (5) years or until terminated pursuant to Section 19 above. 21. Modification: This Agreement may be amended or modified by the mutual agreement of the parties hereto in writing to be attached to and incorporated into this Agreement. This instrument contains the complete agreement of the parties hereto and any oral modifications, or written amendments not incorporated to the Agreement, shall be of no force or effect to alter any term or condition herein. 22. Execution of Agreement: This Agreement shall be executed by the duly authorized officials of the respective parties pursuant to approving resolutions of the governing body of the respective units. Copies of said approving resolutions shall be attached hereto and made a part hereof. This agreement may be executed in multiple original copies by the respective parties. 23. Compliance with Law: The parties shall observe and comply with all applicable Federal, State and Local laws, rules, ordinances and regulations that affect the provision of services provided herein. 24. Interjurisdictional Pursuit Agreement: The parties hereto expressly understand and agree that this Agreement does not in any way modify or restrict the procedures or guidelines which are followed by any law enforcement agency or Member pursuant to the Inter-Jurisdictional Pursuit Policy Agreement to which some Members or their law enforcement agencies may be parties. To the extent any provision of, or action taken pursuant to, any Inter-Jurisdictional Pursuit Policy agreement may be construed to Tarrant County/FW PD Mutual Aid Agreement Page 6 of 8 AUGUST 2017 conflict with the terms and conditions of this Agreement, the terms of the Inter- Jurisdictional Pursuit Policy Agreement shall control as to those particular actions. 25. Coordinating Agency: The parties hereby agree that The Fort Worth Police Department shall serve as the Coordinating Agency of the Agreement. The Chief, or his designee, of said Coordinating Agency shall maintain on file executed originals of this Agreement, related resolutions or orders of the parties and other records pertaining to this Agreement. The Coordinating Agency must ensure that copies of all such documents are provided to the Tarrant County Sheriff s Office and the Tarrant County Commissioners Court. [The remainder of this page was intentionally left blank.] [Signature Page follows.] OFFICIAL RECORD CITY SECRETARY FT.IIMORTH,TX Tarrant County/FWPD Mutual Aid Agreement Page 7 of 8 AUGUST 2017 Executed on the day of ,2018. CITY OF FORT WO TH: TARRANT COUNTY SHERIFF'S OFFICE 1 ���" �� By: VGC.CI� By: 5.&e.- 4&—x Valerie R. Washington Bill E. Waybourn Assistant City Manager Sheriff Date: IVY/10 Date: APPROVAL RECOMMENDED: TARRANT COUNTY DISTRICT ATTORNEY'S OFFICE By:--Ij, By: 5"_ h ex. 7�• � Chief Joel F. Fitzgerald Chief of Police Date: j Date: APPROVED AS TO FORM AND LEGALITY: By: Matthew A. Murray Assistant City Attorney ATTEST: OF FRT By: ` 4 Oarayse * � ;0 City Secret Z Contract Authorization: AS M&C: No M&C Required OFFICIAL RECORD 1295 Certification No.:Not Required CITY SECRETARY Contract Compliance Manager: FT.WORTH,TX By signing I acknowledge that I amt person responsible for the monitoring and administrat' n of this contract, including ens Lin ,all performance an orting requirements. Lt. Sco f eenum— ory rth Police Department S. Command/Tactical Medic Unit/Air Support Unit Tarrant County/FWPD Mutual Aid Agreement Page 8 of 8 AUGUST 2017 SIGNED AND EXECUTED thisyy day of ' 2018. COUNTY OF TARRANT STATE OF TEXAS B. Glen Whitley County Judge Bill E. Waybourn Tarrant County Sheri CERTIFICATION OF APPROVED AS TO FORM: AVAILABLE FUNDS: $ a •a8- ► 8 Criminal District Attorney's Office* Tarrant County Auditor *By law,the Criminal District Attorney's Office may only approve contracts for its clients. We reviewed this document as to form from our client's legal perspective. Other parties may not rely on this approval. Instead those parties should seek contract review from independent counsel. OFFICIAL RECORD CITY SECRETARY '�WORTH, TX