HomeMy WebLinkAboutContract 50607 CITY SECRETARY
GCN FACT NO._ --
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF FORT WORTH
AND
FORT WORTH INDEPENDENT SCHOOL DISTRICT
REGARDING
SURVEILLANCE SYSTEMS
This MEMORANDUM OF UNDERSTANDING (MOL)) is made by and between Fort Worth
Independent School District (hereinafter"FWISD"), a political subdivision of the State of Texas,
by and through Art Cavazos, its duly authorized representative, and The City of Fort Worth by and
through Valerie R. Washington, its duly authorized Assistant City Manager, for the benefit of the
Fort Worth Police Department(hereinafter"FWPD").FWPD and FWISD are individually referred
to herein as a"Party"and collectively referred to as"Parties."
WHEREAS, FWISD has agreed to coordinate with FWPD in an effort to improve Fort Worth's
quality of life and to defend FWISD's students and the community; and
WHEREAS, the Parties further recognize that technological advancements offer the ability to
provide real time intelligence to police officers responding to crisis situations; and
WHEREAS, the Parties agree that it is in the best interests of the community and all people
involved that public safety personnel responding to an emergency have access to immediate and
precise intelligence in order to ensure an accurate and effective response; and
WHEREAS, FWISD, desires to provide controlled access to its surveillance systems for the
limited purpose of responding to emergency situations located in and around FWISD property.
NOW,THEREFORE, in consideration of the mutual covenants herein expressed,the parties agree
as follows:
I.
Definitions
The term"FWPD" shall include FWPD, and its officers, agents, employees, and representatives.
The term"FWISD"shall include FWISD, and its officers, agents, employees, representatives,
servants, contractors, and subcontractors.
Surveillance System: The network of video cameras owned by FWISD located at various school
campuses, administrative buildings, and other properties owned, leased, or otherwise used by
FWISD, as more fully described in Exhibit B.
Call for service: Request made to FWPD for police assistance.
OFFICIAL RECORD
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FT.WORTH,TX
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II.
FWISD AGREES:
1. To authorize FWPD to access its Surveillance System for detection or investigation of
emergency situations located in or around FWISD property.
2. To provide all information necessary to enable FWPD to access its Surveillance System.
3. To notify FWPD in advance of any scheduled or planed Surveillance System outages and
as soon as practicable during unplanned outages.
4. To assist FWPD in identifying and resolving problems in accessing the Surveillance
System. Nothing in this agreement shall be interpreted to require FWISD to purchase any new
equipment.
III.
FWPD AGREES:
5. To access FWISD's Surveillance System only to test the functionality of the system; in
response to a call for service, when deemed necessary in the sole discretion of FWPD; or when
deemed necessary, at the sole discretion of FWPD, to locate and identify information for law
enforcement purposes.
6. To assist FWISD in identifying and resolving problems with accessing the Surveillance
System. Nothing in this MOU shall be interpreted to require FWPD to purchase any new
equipment.
7. To test compatibility between the Surveillance System and FWPD's network.
8. That if a copy of the information is necessary, it shall request and receive written
permission from FWISD prior to creating a copy of any information contained on the Surveillance
System.
IV.
BOTH PARTIES AGREE:
9. To identify and make all reasonable efforts to resolve any issue related to the
implementation of this MOU including, but not limited to, those related to personnel, facilities,
technology, and other available resources.
10. That the Scope of Work, Exhibit A, and the Surveillance System Access Description,
Exhibit B govern the rights and abilities of the Parties under this MOU, and Exhibit "A"and "B"
are incorporated into this agreement. Should there be a conflict between this MOU and Exhibit
"A"or"B", this MOU shall control.
FWPD and FWISD MOU regarding Surveillance Systems Page 2 of 9
11. That FWPD is not a monitoring service and is under no obligation to access FWISD's
surveillance system for any reason. FWPD may access FWISD's surveillance system at its sole
discretion, as allowed by this MOU.
12. Except as expressly provided in this MOU, FWPD does not maintain or have a right to
maintain any information stored on the Surveillance System.
13. That any information copied by FWPD in accordance with this MOU shall be a law
enforcement record and shall not be an educational record.
V.
TERM AND TERMINATION
14. The term of this Agreement will begin on the date of full execution by both Parties and
will extend through September 30, 2020. This Agreement may be renewed for up to two (2)
additional four-year(4) terms.
15. Either party may terminate this MOU with (30) days advance written notice to the other
Ply•
VI.
MISCELLANEOUS
16. Assignability—neither party may assign its rights or duties under this Agreement without
the prior written consent of the other Party;
17. Notice—Any notice,demand,or communication required,permitted,or desired to be given
under this Agreement, shall be deemed effectively given when delivered personally, sent by
telecopy, email or mailed by prepaid Certified Mail, return receipt requested, addressed to the
Party at the following addresses:
FWISD: Fort Worth Independent School District
Art Cavazos, Chief of Operations
100 N. University Drive
Fort Worth, Texas 76107
FWISD: Ramona Soto, General Counsel
100 N. University Drive, Suite SW 172
Fort Worth, Texas 76107
FWPD: Chief Joel F. Fitzgerald
Fort Worth Police Department
505 West Felix Street
Fort Worth, Texas 76115
FWPD and FWISD MOU regarding Surveillance Systems Page 3 of 9
Copy to: Jo Ann Pate, Assistant City Attorney
Fort Worth City Attorney's Office
200 Texas Street, Third Floor
Fort Worth, Texas 76102
18. Enforceability—should any provision of the Agreement be held invalid or unconstitutional
by any governmental body or court of competent jurisdiction, that holding shall not diminish the
validity of any other provision of this Agreement.
19. This agreement shall be governed by and interpreted in accordance with the laws of the
State of Texas.
20. Construction— common nouns and pronouns and all other terms shall be deemed to refer
to the masculine, feminine, neuter and singular or plural, as the identity of the person or persons,
firm or association may in the context require.
21. Binding Effect—The provisions of the Agreement shall insure to the benefit of, and shall
be binding upon the personal representatives and legatees of each of the Parties. Nothing in this
MOU is intended and shall not be construed to create a right or benefit for any third-party.
22. Multiple Copies—this Agreement and its Amendments, if any, shall be in writing and may
be executed in multiple copies. Each multiple copy, if any, shall be deemed an original, but all
multiple copies together shall constitute one and the same instrument.
23. Waiver of Breach—the waiver by either Party of a breach or violation of any provision of
the Agreement shall not operate as, or be construed to be, a waiver of any subsequent breach of
the same or another provision.
24. Amendment — this Agreement may not be amended or modified except by a written
instrument executed by both Parties. A signature received via facsimile or electronically via email
shall be as legally binding for all purposes as an original signature.
25. Regulatory Impact—if either Party believes, in its sole discretion, that any action required
by this Agreement or the Agreement itself would potentially have an adverse impact on its
accreditation, or a Party's license or exemption issued by a state educational board or commission,
or otherwise violates any law or regulation,the Party shall not be required to take any such action,
or alternatively, may immediately terminate the Agreement.
26. Intellectual Property — the Intellectual Property associated with each Party hereto is the
sole and exclusive property of that Party and the other Party shall not acquire any right or interest
in the Intellectual Property of the other. In addition, and without limitation of the foregoing,to the
extent marketing material or content of either Party, regardless of medium, is: a)used by the other
FWPD and FWISD MOU regarding Surveillance Systems Page 4 of 9
Party;b)jointly developed between the Parties; or c)developed by one Party on behalf of the other,
that material or content may only be used for advancing the purposes specifically stated in this
Agreement,and Intellectual Property shared between the Parties for advancing the purposes of this
Agreement shall be treated as confidential and proprietary information by the receiving Party and
the receiving Party shall use it as set forth in this Agreement and shall otherwise take such means
to protect is as it uses to protect its own Intellectual Property.
27. Nothing in this MOU shall be construed to affect a governmental entity's immunities under
constitutional, statutory or common law.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the Parties have executed this Agreement in duplicate originals
effective as of this the —°'�'f�day of�, 2018.
CITY OF FOT WORTH: FORT WORTH INDEPDENDENT
SCHOOL DIST T
By.
ws
Assistant City Manager Names
Title /�-ev �G
Date: < y Date: ?. e'4- Z4/fl
APPROVAL RECOMMENDED: APPROVED AS TO FORM AND
LEGAL FOR FWISD:
By
i Chie Joel F. Fitzgerald WISD Attorney
Chief of Police
Date: tk Date: Dd A 1
APPROVED AS TO FORM AND LEGALITY:
By:
J
sistant City Attorney
Date: qkj l j
CONTRACT AUTHORIZATION: No
ATTEST:
U: _
By: �r
Mary J. Kayse
City SecretaryXAS
Date: �l/-7ll
Form 1295 Certification No: NOT REOUIRED
This agreement does not require City Council approval. OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
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CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract,including ensuring all performance
and reporting requirements.
Name:
Title:
FWPD and FWISD MOU regarding Surveillance Systems Page 7 of 9
EXHIBIT A
SCOPE OF WORK
The Fort Worth Police Department(FWPD)will partner with the Fort Worth Independent School
District (FWISD) for the use of FWISD's surveillance systems. This partnership will enhance
police response to emergency situations that occur on FWISD property.
The FWISD has security cameras in many schools. This video network is monitored by FWISD
from various remote locations. The FWPD has the ability to remotely access cameras through
various specialty units. Access to FWISD's camera system will provide real-time intelligence
during police responses to calls for service, including emergency situations on and in the
immediate vicinity of school property.
This partnership will be limited. FWPD will only access FWISD's cameras in response to a call
for service or when deemed necessary, at the sole discretion of FWPD, to locate and identify
critical law enforcement information, or to test the functionality of the system. FWPD will not
assume the role of monitoring FWISD's cameras.
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