HomeMy WebLinkAboutContract 35222 (2)CON RAC�T NO ��V- ���t�
INTERLOCAL AGREEMENT FOR MUTUAL AID LAW ENFORCEMENT
In consideration of the mutual covenants, promises and agreements contained herein, this
agreement ("Agreement") is made and entered into between the City of Fort Worth, a home rule
inunicipal corporation of the State of Texas (hereinafter referred to as "City, ") acting by and tlu�ough
Joe Paniagua, its duly authorized Assistant City Manager, and University of North Texas Healtli
Science Center at Fort Worth, an institution of higher leaining in the State of Texas (hereinaftei•
refei7ed to as "LJNT��) acting by and through Steve Russell, its duly authorized representative.
RECITALS
This Agreement is made under the authority granted to the City and UNT pursuant to the
Texas Government Code, Chapter 791, known as the INTERLOCAL COOPERATION ACT.
Wf-IEREAS, UNT is a state institution of higher education maintaining and operating a campus
within the city limits of Fort Worth, Tarrant County, Texas;
WHEREAS, the Texas Education Code, Section 51.203, confers on cornmissioned peace
officers of state institutions of higher education jurisdiction in the county of the institution;
WHEREAS, the Texas Local Government Code, Section 341.003 and 341.903, confer on
commissioned peace officers of the City of Fort Worth jurisdiction within the city limits and for
certain purposes throughout Tarrant County, Texas;
WIIEREAS, IJNT and City each possess and operate their ounl police departments wluch have
concurrent jurisdiction as to some portions of Tarrant County, Texas;
WHEREAS, UNT desires to have primary jur•isdiction for the enforcement of the City's
parlcing ordinances on the Fort Worth Campus, as hereinafter defined;
WHEREAS, LTNT and City desire to provide mutual aid assistance to one another in certain
law enforcement activities as set forth herein; and
WHEREAS, UNT and City each find that this undertaldng is necessaiy for the benefit of the
public and that each pai-ry has legal authority to provide the governmental function which is the subject
matter of this Agreement;
NOW, THEREFORE, in consideration of the inutual covenants herein expressed, the parties
agree as follows:
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AGREEMENT
1. Term
The term of this Agreement is for a period beginning on March 1, 2006, and ending on
September 30, 2007, and shall thereafter automatically renew from year to year on a October lst
through September 30th duration unless terminated in accordance with this Agreement.
2. Termination
This Agreement maybe terminated by either party hereto, in whole or in part, at any tiine and
for any t•eason, upon written notice to the other party. Such written notice shall specify the effective
date of the termination.
3. Notice and Op�ortunity to Cure
UNT and City 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 pai-ty becomes aware of the failm�e to
comply or breach of contract. In the event that the breaching party fails to cuxe or coi7ect 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 teiminated, and
neither party shall have further responsibility or liability hereunder.
4. Law Enforcement Activities
LTNT and City, subject to the parties' discretion as to participation and detennination of
availability of personnel, shall cooperate in the investigation of criminal activity and enfoi�ceinent of
the laws of this state and the ordinances of the City and shall assist in providing additional la���
enforcement officers to protect health, life and property against riot, unlawful assembly characterized
by the use of force or violence, and during times of natural disaster or man-made calamity. Either
party, at its sole discretion, may withdraw his/her personnel and discontinue participation in any
activity initiated pursuant to this Agreement.
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5. City's Concurrent Jurisdiction
The Fort Worth Police Department shall retain concurrent jurisdiction, subject to any special
requests for assistance by the UNT Police Department or exigent circumstances requiring iinmediate
police response.
6. Primary Jurisdiction
a. The Fort Worth Police Department shall retain primaty juiisdiction over non-I1NT
owned property and streets subject to such assistance as maybe requested of the IJNT Police Department.
The UNT Police Department may exercise police powers over non-LTNT owned property and streets in
exigent circumstances requiring immediate police response, provided that immediate notification of
such action is made to the Fort Worth Police Department Communications Division.
b. In the event the LINT Police Department requests the assistance of the Fort Worth
Police Department to act as the primary jurisdiction authoi7ty, the Fort Worth Police Department reseives
the r7ght to respond and remain the primary authority until the incident has been concluded. The official
in charge of the situation dut7ng such a request shall be in accordance with the Fort Worth Police
Department General Orders Manual. Such official shall have on-scene coinmand authority over the
placement and role of any concurrent jiu-isdiction officers. Concui7ent jurisdiction officers shall notify the
primaty jurisdiction dispatcher prior to their presence at the incident scene and shall malce a diligent
attempt to notify the primary jiu7sdiction commanding officer at the scene.
c. Follow-up investigations shall be conducted and completed by the agency which
originally handled the incident within the scope of their primary jurisdiction.
7. Felony Arrest
Fort Worth Police Department o�cers attempting to malce a felony warrant at7�est on UNT
property shall contact the chief of the UNT Police Depa��hnent or designee. The Foi�t Worth Police
Depa.rlment officer malcing such an arrest shall be accompanied by an officer fiom the UNT Police
Department. If possible, no arrest will be made while the subject of the warrant is attending class but
the ai�est may be effected when the subject leaves the classroom.
8. Search Wanant
During the execution of a search warrant on UNT property by a Fort Worth Police
Department o�cer, an officer of the UNT Police Department shall be present during the execution of
the warrant, unless the LTNT Police Department waives the right to be present.
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9. Dispatch Records
The dispatch unit of either jtu�isdiction shall maintain records of any calls received which are
refen�ed to the other jurisdiction and when dispatclung a unit to the other department's primary
jurisdiction notify the dispatcher of that department.
10. Parking Ordinance Enforcement
LJNT Police Department shall assume primary jurisdiction of enforcement of the City's
parlcing ordinances over the property reflected in the map attached as E�ibit 1("Fort Worth
Campus"). This map shall be updated as soon as possible upon any change by providing any revision,
update, or listing of the change to the Fort Worth Police Department Staff Ser•vices Division
Commander. As provided in Texas Education Code Section 51.206, UNT shall follow the same
procedures employed by City in connection with the use of City's parking violation ticicets. UNT shall
file all parlcing citations issued on its Fort Worth Campus at the City's Municipal Cow-t. City shall
retain all revenue from all parking citations issued and filed at City's Municipal Cotu-t by UNT. In the
event of an appeal of the City's Parking Hearings Officer's decision by a ticiceted peison to the City's
Municipal Court, City shall notify UNT of the time and place of the appeal and the issuing officer
needed to testify at the appeal hearing. To the best of its ability, LTNT shall send the issuing officer to
the appeal hearing. In the event LTNT will be unable to send the issuing officer to the appeal hearing,
LTNT shall notify City as soon as practicable.
11. Waiver of Fees and Reimbursement
Each party to this Agreement expressly waives the right granted by Section 362.003(c), Te�as
Local Government Code, to request reimbursement for services performed under this Agreement.
12. Peisonnel
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 perfoim 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 injwy or death benefits, and
worlcer's compensation benefits, the same as though the service had been rendered within the priina��y
jurisdictional limits of the department where the officer is regularly employed. Moreover, all wage
and disability payments, including worlcer's compensation benefits, pension payments, dainage 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 seivice had been
rendered within the primaty jurisdictional limits of the department where the officer is regularly
employed.
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13. Benefits for Performance of Duties
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
perfoimance 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 perfoi�rnance 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.
14. Independent Contractor
Neither City nor UNT shall be responsible under the Doch•ine of Respondeat Superior for the
acts and omissions of its officers, members, agents, servants, employees, or officers of the other.
15. Waiver
Each party to this Agreement expressly waives all claims against the other party for
compensation for any loss, damage, personal injury, or death occurring as a consequence of the
performance of this Agreement, except for acts in violation of the law.
16. Immunity from Suit
It is expressly understood and agreed that, in the execution of this Agreement, no party waives
nor shall be deemed hereby to waive any immunity or defense that would otherwise be available to it
against claims arising in the exercise of governmental powers and functions.
17. Departmental Procedures
Police services, and all other services reasonably related thereto, which are provided under
this Agreement shall be perfor�rned 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 with applicable laws of the State
of Texas and the United States.
18. Citv Ordinances
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 State of Texas and United States laws.
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19. Non-Discrimination
City and IJNT, in the execution, performance or attempted performance of this Agreement,
will not discriminate against any person or persons because of race, color, religion, sex, national
origin, familial status, disability, or sexual orientation, nor will UNT perinit its agents, employees,
subcontractors or program participants to engage in such discrimination.
20. Severabilitv
The provisions of this Agreement are severable and if for any reason a clause, sentence,
paragraph or other part of this Agreement shall be detei�nined 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.
21. Non-Waiver
The failiu•e of City or LTNT to insist upon the performance of any term or provision of this
Agi•eement or to exercise any right herein confei7ed shall not be construed as a waiver or
relinquishment to any extent of City's or IINT's right to assert or rely upon any such term or right on
any future occasion.
22. Venue
Should any action, whether real or asserted, at law or in equit��, arise out of the execution,
performance, attempted performance or non-performance of this Agreement, venue for said action
shall lie in Tarrant County, Texas.
23. Entire A�reement
This written instrument constitutes the entire agreement by the parties hereto conceining the
worlc and services to be performed hereunder, and any prior or contemporaneous, oral or written
agreement which puiports to vary from the terms hereof shall be void.
[THE REMAINDER OF THIS PAGE IS 1NTENTIONALLY LEFT BLANK.]
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IN WITNESS WHEREOF, the parties hereto have e�ecuted this Agreernent in multiples in
F`ort Worth, Tarrant County, Texas, this� day of �1'�� p� , A.D. 2007.
ATTEST:
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City Secretary
APPROVED AS TO FORM AND LEGALITY:
David Yett, City Attorney
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By: � ; � ��I�VG �'�� �' �Gi� �� i� ' � �
Assistant City Attorney �
ATTEST:
CITY OF FORT WO,RTH
By: •; �,- ;
Joe P��iatigua
Assis�ant ��ity �Ianager
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Contracf. Authorizatio�
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�ate
UNIVERSITY OF NORTH TEXAS
HEALTH SCIENCE CENTER
AT FORT WORTH
By: � � l� � =c
Name: Steve Russell
Title: Executive Vice President
Date: y- � / �.,
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STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notazy Public in and for the State of Texas, on this
day personally appeared �� tw� 2- 2uss�._z� , , lcnown
tome to be the same person whose name is subscribed to the foregoing instrument, and
acknowledged to me that the same was for the purposes and consideration therein expressed, as the
act and deed of University of North Texas Health Science Center at Fort WoY•th, and in the
capacity therein stated as its duly authorized officer or representative.
2007.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this i-i day of /� n� I ,
��a� �rig uUNIVH I�'it,Iv11LLAN DAVIS
o°` ��:. NOTARY PUBLIC
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!�. � '*° Sta4e of Texas
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otary Public in and for
the State of Texas
STATE OF TEXAS
COUNTY OF TAItRANT
BEFORE ME, the undersigned authority, a Notaiy Public in and for the State of Texas, on
this day personally appeared Joe Paniagua, known to me to be the same person whose name is
subscribed to the foregoing instrurnent, and acknowledged to me that the same was the act of the
City of Fort Worth and that he executed the same as the act of said City of Fort Worth foi• the
puiposes and consideration therein expressed and in the capacity therein stated. �
GIVEN UNDER MY HAND AND SEAL OF OFFICE this � day of `
,
2007.
�°`"pYn`°�� MARIA S. SANCHEZ
" * NOTqRy pUgLIC
STATE OF TEXAS
N��� °F t�+'y My Comm. Ex ,
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Nota Public in and for
the State of Texas
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/20/2007
DATE: Tuesday, March 20, 2007
LOG NAME: 12UNTAID REFERENCE NO.: **C-22008
SUBJECT:
Authorize Execution of an Interlocal Agreement with University of North Texas Health Science
Center at Fort Worth for Mutual Aid Law Enforcement
RECOMMENDATION:
It is recommended that the City Council authorize execution of an interlocal agreement with the University
of North Texas Health Science Center at Fort Worth (UNT) for mutual aid law enforcement.
DISCUSSION:
The Fort Worth Police Department and the UNT Police Department have concurrent jurisdiction over the
Health Science Center at Fort Worth located at 3500 Camp Bowie Boulevard.
Chapter 791 of the Local Government Code authorizes agencies to enter into agreements for provisions of
services. UNT and the City each desire this interlocal agreement in the event mutual aid is needed. In
addition, UNT has requested that the interlocal agreement give them the authority to write City of Fort Worth
parking citations, so that they can address parking issues on City streets surrounding the Health Science
Center. The agreement includes the following provisions:
� Each party will assist the other in law enforcement activities, subject to the parties' discretion as to the
level of participation and subject to availability of personnel;
• The City has primary jurisdiction on all non-UNT property within the City limits, with the exception that
UNT assumes primary jurisdiction of enforcement of the City's parking ordinances over the Health Science
Center and the City retains concurrent jurisdiction;
UNT retains primary jurisdiction on their property within the City limits of Fort Worth;
• The term of the agreement will begin on March 1, 2007, and end September 30, 2007, and will renew
automatically on an annual basis unless terminated by either party;
• The primary agency assumes no liability for the actions of the employees of the concurrent jurisdiction
agency; and
The revenue generated by all parking citations written by UNT will be retained by the City.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Municipal Court is responsible for the collection and deposit of funds
due the City under this agreement.
TO Fund/Account/Centers FROM Fund/Account/Centers
http:Uwww.cfwnet.arg/council�acket/Reports/mc�rint.asp 4/11/2007
PE59 431150 0208500 0.00
Submitted for City Manager's Office b�
Originating Department Head:
Additional Information Contact:
Joe Paniagua (6191)
David Yett (7623)
Leann Guzman (8973)
Page 2 of 2
http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 4/11/2007