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Home My WebLink AboutContract 34460�;11��Y :��Ci��i�R �� C;CC`)lVTRA�;�" R9(� � �_ � INTERLOCAL AGREEMENT REGARDING POLICE SERVICES AND POLICE JURISDICTION BETWEEN UNIVERSITY OF TEXAS AT ARLINGTON AND CITY OF FORT WORTH In consideration of the mutual covenants, promises and agreements contained herein, this interlocal agreement ("Agreement") is made and entered into between the City of Fort Worth, a home rule municipal coiporation of the State of Texas, Texas (hereinafter refened to as "City") acting by and through Joe Paniagua, its duly authorized Assistant City Manager, and The University of Texas at Arlington, an institution of higher learning in the State of Texas (hereinafter referred to as "UTA") acting by and through John Hall, Vice President for Administration and Campus Operations. RECITALS WHEREAS, the Texas Government Code, Chapter 791, known as the INTERLOCAL COOPERATION ACT, confers upon governmental entities the ability to contract among themselves for governmental services; 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, Sections 341.001 and 341.021 confers on commissioned peace officers of the City of Fort Worth jurisdiction within the city limits and for certain puiposes throughout the county; and WHEREAS, the parties wish to enter into an agreement concerning the authority of each party to act within the legal boundaries of its jurisdiction; and WI�EREAS, the parties wish to enter into an agreement concerning mutual aid for police services; and �,��;1�'?,� �� ?��?�1 .,, � ^ 'r ;fl: o , ;,+t � i �.��✓ 1. Il� � � 5'u e WHEREAS, UTA and City each find that this undertal�ing is necessary for the benefit of the public and that each party has legal autharity to provide the governmental function which is the subject matter of this Agreement. BE IT THEREFORE AGREED AS FOLLOWS: That the. University of Texas at Arlington Police Department (UTA PD) and the City of Fort Worth Police Department (FW PD) primary and concunent jurisdiction shall be: I. FW PD shall retain concunent jurisdiction subject to requests for assistance by UTA PD and exigent circumstances requiring immediate police response and UTA PD will assume primary jurisdiction over property owned and leased by UTA, as reflected on Attachment 1("UTA Property"). This list is to be updated immediately upon any change by providing a listing of the change to the City's FWPD Administrative Services Manager. II. FW PD shall retain primary jurisdiction over non-UTA Property subject to such assistance as may be requested of UTA PD. UTA PD may exercise police powers under exigent circumstances requiring immediate police response. In the event UTA PD requests the assistance of FW PD to act as the primary jurisdiction authority (including but not limited to tactical unit responses, armed banicaded subject, sniper, or riot, and fatality accidents), FW PD reserves the right to respond and remain the primary authority until the incident has been terminated. The ranlcing on-duty Patrol supervisor of the jurisdiction with primary authority is the official in command. � ,�, .. , •:� ��*�W�'� !ai�'� v�l.�� ti� `G��;G°?��.�1 �6�4�,...: � � ��.�;�,�'��i3 �',��?� �:; IV. A. The party exercising primary jurisdiction will have on scene command authority over the placement and role of any concurrent jurisdiction officers. Concurrent jurisdiction officers will notify the primary jurisdiction dispatcher prior to their presence at the scene and will attempt notification to any primary jurisdiction officer at the scene. B. In the event of a tactical unit response, the FW PD SWAT Commander, or his/her designee, will command the SWAT personnel at the scene and shall assume responsibility for developing and implementing the response plan. _� A. FW PD officers desiring to make a felony warrant arrest on UTA property should contact the Chief of UTA PD or his designated representative. The FW PD officer will be accompanied by an officer from UTA PD. No arrest will be made while the subject of the warrant is attending class, but FW PD may malce their arrest when the subject leaves the classroom. B. Misdemeanor wai�ants on persons who reside on the UTA Property should be served with assistance of UTA PD at the subject's place of residence. If UTA PD is not reasonably available, service may be made by FW PD, with the assistance of UTA PD on other UTA Property other than a classroom. C. A representative of UTA PD will accompany FW PD to execute a FW PD search wat-rant. VI. Follow-up investigations will be handled and completed by the party which handled the incident as the primary jurisdiction. VII. The dispatcher of the jurisdiction receiving or dispatching a call for service will: (a) maintain a list of calls received, routed and dispatched to the other jurisdiction, which list shall be available upon request; - ��.,j :�� ' JJ °'�' r, ��,3� ��' �' 1 �i �� ;!?� �1 �;��1 �� :��,J 1.��n� �� i i (b) when referring a call to the other jurisdiction, advise the caller of the refer-�•al and stay on the line until the other jurisdiction has received the call; and (c) when dispatching a unit to the other department's primary jurisdiction, notify the dispatcher of that department. VIII. Each pai-ty to this Agreement expressly waives the right granted by Section 362.003, 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, communication services, etc. IX. Any law enforcement officer or other person who is assigned, designated, or ordered by the chief law enforcement officer of the party which regularly employs him to perform police or peace officer duties pursuant to this 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 worlcers' compensation benefits, the same as though the service had been rendered within the limits of the party where he is regularly employed. Moreover, all wage and disability payments, including workers' compensation benefits, pension payments, damage to equipment and clothing, medical expenses and expenses of travel, food, and lodging shall be paid by the party which regularly employs such persons in the same manner as though the service had been rendered within the limits of the party where he is regularly employed. X. In the event that any person performing law enforcement, police protection or detention services 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, he shall be entitled to the same benefits that he would be entitled to receive if such civil action had arisen out of the performance of his duties as a member of the department where he is regularly employed and in the jurisdiction of the member by which he is regularly employed. /� Each party to this agreement expressly waives all claims against every other party for compensation for any loss, damage, personal injury, or death occurring as a consequence of the perfoimance of this agreement, except for acts in violation of law. XII. Third party claims against members shall be governed by the Texas Tort Claims Act or other appropriate statutes, ordinances or• laws of the State of Texas and the United States. XIII. It is expressly understood and agreed that, in the execution of this agreement, no party waives, nor shall be deemed hereby to waive, an immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. XIV. This agreement is entered into subject to the City Charter and Ordinances of the city of Fort Worth, as they may be amended from time to time and is subject to and is to be construed, governed and enforced under all applicable Stat of Texas and United States Laws. .� City and UTA, in the execution, performance or attempted performance of this contract and agreement, will not discriminate against any person or persons because of familial status, age, disability, sex, race, religion, color or national origin, nor will UTA permit its agents, employees, subcontractor or program participants to engage in such discrimination. XVI. The provisions of this agreement are severable and if for any reason a clause, sentence, paragraph or other part of this agreement shall be determined to be invalid by a court or federal or state agency, board, or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. XVII. The failure of City or UTA to insist upon the perfoimance of any term or provision of this agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's or UTA's right to assert or rely upon any such term or right on any future occasion. XVIII. Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance or non-performance of this contract and agreement, venue for said action shall lie in Tarrant County, Texas. XIX. The term of this agreement is for a period beginning on December 1, 2006, and ending on September 30, 2007, and shall thereafter automatically renew from �ear to year on an October 1 through September 30 duration unless tei-minated in accordance with this Agreement. � This Agreement may be terminated by either party hereto, in whole or in part, at anytime and for any reason, upon written notice to the other party. Such written notice shall specify the effective date of the termination. XXI. This written instrument constitutes the entire agreement by the parties hereto concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement which purport to vary from the terms hereof shall be void. �k��,i�;',l ��1� � ,., ;,��,�o��.°� ��ti� �� .. 4 r.c.;'� n tf; � � U� �::r""✓;�,`:�!n' �� ' i �s.o } IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Tarrant County, Texas, to be effective December 1, 2006. CITY OF FORT WORTH: Joe As: ATTEST: City Manager A i�l � , �: By• . .1�L �� 1 �'�' , l�L L �'� ' �,; _ Marty Hendrix City Secretary UNIVERSITY OF TEXAS AT ARLINGTON J all //—t 7--oG ice President Administration � r '� Date: ` " � APPROVED AS TO FORM AND LEGALITY By. eann D. Guzma Assistant City Attorney Contrac'� �utho�i��ti.c�a� �_-�-�.�--':h---�-�1�—�—'-�� - - --� 'l.� c'�.'� F� Date: (� ��l��W� �'�� f� ��i�� , �fi��, i��, Attachrnent 1 University of Texas at Arlington Fort Worth Campuses University of Texas at Arlington Fort Worth Campuses River Bend Campus Automation & Robotics Research Institute 7300 S. Jack Newell Blvd. Ft. Worth, TX Owner �(�� fl�� UTA Computer Center Server Storage 200 East Loop 820 Ft. Worth, TX Owner ,� � ;3�� , �� 4': � _ �y W';:�i'� y� „4< 4 4��= � ,r,;i�3�r§ l�s�casterAv�r�ue _ �_ � _ f; � , .. F � �t� � � � 3 4 � �AtL1`Ufi1NC 1"Eft.' UTA Santa Fe Station Academic Facility 1401 Jones Street Ft. Worth, TX Lease Space �, _ � �' Nvs+y, 1��f183 Q� ,� ,.: .. . . ,. . _ _ . �li�l�l'� i "°= Trar�ity �luci. ° ____�.,�.,�_ -__ _ _ �,3 , — � ; ; � � J�ck New�li �3lvd. � ; �� . � , � � ; i;�'� a; , 'j ° % �i ] 3 � ( 1'Y::;'�'ti! .frwlF;.� f ! 3 i� i �' �iiC1f�U) �l�i�j �at�. ._._._. _.,_ ._...... _..._. .. .._ . __. i ❑ �r, �, � T� Q�1[�s � _ � = �� , ��r E .�� _= G t'1 -_ — ' ��'�1tlt��t3�3 � �� _ 6 3 - �� ;' ft} .3 'rY{�?..'}.. C: r3t'�i� JURISDICTIONAL MEMORANDUM OF AGREEMENT - UNIVERSITY OF TEXAS AT ARLINGTON POLICE DEPARTMENT and CITY OF FORT WORTH PULICE DEPARTMENT, - 10 - City of Fort Worfh, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/17/2006 DATE: Tuesday, October 17, 2006 LOG NAME: 35UTAMUTUALAID Page 1 of 1 1:��1�=1:»►[�]=�►[��i�i�+�it�Fl SUBJECT: Authorize a Mutual Aid Agreement with the University of Texas at Arlington to Respond to Requests for Police Assistance RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute the attached Mutual Aid Law Enforcement Agreement with the University of Texas at Arlington, Fort Worth Campuses. DISCUSSION: The University of Texas at Arlington (UTA) has three campuses within the City of Fort Worth. The UTA Police Department and the Fort Worth Police Department desire a mutual aid agreement for primary and concurrent jurisdiction. Chapter 791 of the Texas Local Government Code authorized local government entities to enter into Interlocal Agreements, and Section 632.002 of the Texas Local Government Code specifically authorized Mutual Aid Task Force Agreements. The purpose is to allow cooperation in the investigation of criminal activity; to enforce laws of this state; and to protect the health, life and property against riot, disaster, threat of concealed explosives, unlawful assembly characterized by force and violence or the threatened violence by groups of three or more persons. The Fort Worth Police Department shall retain concurrent jurisdiction subject to request for assistance by the UTA Police Department and exigent circumstances requiring immediate police response. The Fort Worth Police Department will retain primary jurisdiction over non-UTA owned property and streets subject to assistance requests. UTA Police may exercise police powers under exigent circumstances requiring immediate police response. In the event UTA Police Department request the assistance of the Fort Worth Police Department to act as the primary jurisdiction authority, the Fort Worth Police Department reserves the right to respond and remain the primary authority until the incident has been terminated. Each party will be responsible for its own civil liability. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers Submitted for City Manager's Office b� Originating Department Head: Additional Information Contact: FROM Fund/AccounUCenters Joe Paniagua (6140) Ralph Mendoza (4210) Kara Shuror (4221) http://www. cfwnet. org/council�acket/Reports/mc�rint. asp 1/3 0/2007