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HomeMy WebLinkAboutContract 43915CITY SECRETARY CONTRACTNO. U3(J �. STATE OF TEXAS S COUNTIES OF TARRANT § AND DENTON In consideration of the mutual covenants, promises and agreements contained herein, this agreement is made and entered into between the City of Fort Worth, a home rule municipal corporation of the State of Texas, located within Tarrant and Denton Counties, Texas (hereinafter referred to as "City,") acting by and through Charles Daniels, its duly authorized Assistant City Manager, and Tarrant County College, an institution of higher learning in the State of Texas (hereinafter referred to as "TCC,") acting by and through Angela Robinson, its Vice Chancellor for Administration and General Counsel. RECITALS This Agreement is made under the authority granted to the City and TCC pursuant to the Texas Government Code, Chapter 791, known as the INTERLOCAL COOPERATION ACT. WHEREAS, TCC is a state institution of higher education maintaining and operating three campuses, South, Northwest and May Owen in the central business district within the city limits of Fort Worth, Tarrant County, Texas; and WHEREAS. the Texas Education Code, Section51.203, 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, TCC and Fort Worth each possess and operate their own police departments which have concurrent jurisdiction as to some portions of Tarrant County, Texas; al ld WHEREAS, TCC and Fort Worth each find that this undertaking is necessary for the benefit of the public and that each party has legal authority to provide the governmental function which is the subject matter of this Agreement; • NOW, THEREFORE, in consideration of the mutualcovenru l is herein expressed, the parties agree as follows: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 11-26-12 P01:40 IN AGREEMFI\T The term of this agreement is for a period beginning on October 1, 2012 and ending on September 30, 2013, and shall thereafter automatically renew from yeas to year on a October 1st through September 30th duration unless terminated in accordince with this Agreement. This agreement maybe terminated by either party hereto, in whole or in part, at any time and for any reason, uponwrittennoticetothe other party. Such writtennotice shall specify the effective date of the termination. TCC and City covenant and agree that in the event either party fails to comply with, or breaches, any of the terms and provisions ofthis agreement, each party shall provide wnttennotice 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 cute or correct such breaches within areasonable time following the receipt of notice, such reasonable time not to exceed 15 days, the non -bleaching party shall have the right to declare this agreement immediately terminated, and neither patty shall have further responsibility or liability hereunder. 4. The Fort Worth Police Department shall retain concurrent jurisdiction, subject to any special requests for assistance by the TCC Police Department or exigent circumstances requiring immediate police response. 5. TCC Police Department shall assume primacy jurisdiction of the property reflected in the maps attached as F xhtbits A tlu ough E. This map shall be updated immediately upon any change by providing any revision, update, or listing of the change to the Foit Worth Police Department Police Program Support Division. 6. The Fort Worth Police Department shall retain primal)/ jurisdiction over non-TCC owned property and streets subject to such assistance as may be requested of the TCC Police Department. The TCC Police Department may exercise police powers over non-TCC 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. 7. In the event the TCC Police Department requests the assistance of the Fort Worth Police Department to act as the primaryjuiisdictionauthority, the Fort Worth Police Department reserves the right to respond and remain the primary authority until the incident has been coicluded. The official in charge of the situation during such a request sha 11 be in accoi dance with the Fort WorthPoliceDepartment General Orders Manual. Such official shall have on -scene command authority over the placement and role of any concurrent, jurisdiction officers. Concurrent jurisdiction officers shall 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. 8. Fort Worth Police Department officers attempting to make a felony warrant arrest on TCC property shall contact the chief of the TCC Police Department or designee. The Foil Worth Police Department officer making such an arrest shall be accompanied by an officer from the TCC Police Department. If possible, no arrest will be made while the subject of the warrant is attending class but the arrest may be e ffected when the subject leaves the classroom. 9. During the execution of a search warrant on TCC property by a Fort Worth Police Department o fficer the chiefof the TCC Police Department oi designee shall be notified if appi opriate and an officer o f the TCC Police Department shall be present during the execution of the warrant. 10. Follow-up investigations shall be conducted and completed by the agency which originally handled the incident within the scope of their primary, jurisdiction. 11. The dispatch unit of either jurisdiction shall maintain records of any calls received which are referred to the other jurisdiction and when dispatching a unit to the other department's primary Jurisdiction notify the dispatcher of that department. 12. h,ach party to this Agreement expressly waives the right granted by Section 362.003(c), Texas Local Government Code, to request reimbursement tor 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. 13. Any law enforcement officer or other pei son who is assigned, designated, or ordered by the chief law e nforcement officer o fthe departalent which regularly employs them toperform police or peace officer duties pursuant to this Agreement shall receive the same wage, salary, pension, and all other compensation and all other' ightsfor such service, including in' uryordeath 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 o fficer is regularly employed. Moreover, all wage and disability payments, including worker's compensation benefits, pension payments, damage to equipment and clothing, medical expenses, and e xpenses of travel, food, and lodging shall be paid by the department which regularly employs such person in the same mantle' as though service had been rendered within the pi imary jurisdictional limits of the department where the office' is regularly employed. 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 torecerve 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. 15. Neither City norTCC shall be responsible under the Doctrine of Respondeat Superior for the acts and omissions of its officers, members, agents, servants, employees, or officers of the other. 16. Mach party to this Agreement expressly waives all claims against the every 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. 17. 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. 18. Police services, and all other services reasonably related thereto, which are provided under this Agreement shall be performed in accordance 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. 19. This Agreement is entered into subject to the City Chatter and Ordinances of the City of Fort Worth, as they may be amended from time to time and is subject to rind is to be construed, governed and enforced under all applicable State of Texas and United States laws. 20. City and TCC, in the execution, performance or attempted performance of this contract and agreement, will not discriminate against any person or persons because of sex, race, religion, color or national origin, nor will TCC permit its agents, employees, subcontractors or program participants to engage in such discrimination. 21 The provisions of this agreement ate 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 orfederal 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. 23. The failure of City of TCC to insist upon the performance of any terns 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 TCC's right to assert or rely upon any such teim of right of any future occasion 23, Should any action, whether real or asserted, at law of 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. 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 purports to vary from the terms hereof shall be void. IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort Worth, A7,pjtWt4& Tarrant Country, Texas this ` _W day of ,20 /)- - . e CAM Motized, bd.. CITY OF FORT WORTH POLICE DEPARTMENT TARRANT COUNTY COLLEGE k ed\-- ,// ?47•/2 BY: Jeffrey W. Hals - d Date Angela R h�i son Date Chief of Police CITY OF FORT WORTH C-Ciadte2 /121/ rles W. Daniels Date Assistant City Manager APPROVED AS TO FORM AND LEGALITY Ufritt- Jessica(S1ifigsvaiig ° U Date Assist City Attorney ATTEST: Authorization:. Contract No.. M&C: ` tT1 • Vice Chancellor for Administration General Counsel deil9OftegZk Pia, CP % 0 on%0 °C)0 o o,�� gilts nia.27// -� �� Agoo 000°.��� Date Y j0000O° 4 ?A ofters -7 OFFICIAL RECORD c9YV SECRETARY Ft WORTHS TX Exhibit A Tarrant County College South Campus Map Tarrant County College - Campus Map, South Page 2 of 3 Campus Drive Abrev SACA SACB SACC SACD SACR SACT SART SAUT SBKS _ - —Joe B. Rush rto Proem Name Academic Classrooms - A Academic Classrooms - B Academic Classrooms - C Academic Classrooms - D Automotive Collision Repair Administrative, Counseling & Testing Art Automotive Bookstore Parking Lot 6 Parking Lot 5 http://www.tccd.edu/Campuses_and_Centers/South Campus/Map_SO.html 10/4/2012 Tarrant County College - Campus Map, South Page 3 of 3 Abrev Name SBSA Building Services SBSP Building Services SBSW Building Services SBUS Business SELE Electronics SERS Enrollment Services SFOA Faculty - A SFOB Faculty - B SFOC Faculty - C SFOD Faculty - D SFOE Faculty - E SFOF Faculty - F SHAR Heating, Air Conditioning, and Refrigeration SHPE Health and Physical Education SHSC Health Sciences SLIB Library SMTH Mathematics SMUS Music SNUR Nursing SPAC Performing Arts Center SREC Recital Hall SRTA Rotunda SSCI Science SSTU Student Center STEC Technology Tarrant County College District 1500 Houston Street Fort Worth, Texas 76102 Information Center: 817-515-8223 Hearing / Speech Impaired (TTY) Online Institutional Resumes (per Sec. 51A.002, Texas Education Code) Report A Problem An Achieving the Dream Institution. Copyright O Tarrant County College District. All rights reserved. http://www.tccd.edu/Campuses_and_Centers/South_Campus/Map_SO html 10/4/2012 Exhibit B Tarrant County College Northwest Campus Map Tarrant County College -Campus Map, Northwest Page 2 of 4 n Tarrant ('ount-y L College No,ciitt`4tsi Csslr-t »chectrg file Cream • i'ft,ut•on wnO wAce we's WA OM WHPE MSC WB$A WMBC MB it — V11,7 69 Tarrant County College Northwest Campus - r�..� a L AMsag t Overflow Parking — ,••- i[. J i a1. , il a i L, r. ampe i E ` 7f I S~ WB5Ad -t WACB 0 WIAS T1-4-ctr, 2myth) Icrrr ! in -my Fart hy t'illivrrst fit ha , �... Acosittvi c t g ,o • L •e1:st rn, toirlic.. 1303 a 1303 f tt eritn ter'. lr i Ilexv Siatito A_Clrrtits, Coeval& kitgxe Lek. Gins. �- -11 totfrooll Sowtz (oo(,t wa Cnn.n MA 5 Ina Sc4nw, !wir p,_ Cer,4 „J.C r±ari !- i :'i$tq', rr°a:ic:14A, Nitta, Plrfitt1 Elittofkaln Crim rrGi Antitar T,ni ika3 Catty. Freig %tr' Serk, T t nitr (* kii tifrr`•, I61koJ. (1•Kttrris �,-biota MCCRRS t cad I:4ot~ Lab r Ctt5 Carr o (pa Tea+e Workroom MCCHS CotivAtt lnk MCCHS Cit s :Ty Abbrev Name Overflow r r r 1 / t -- ; r• i\r‘ 1 1 tijraN \ 1 ra---91;- fa> • r � ` tf \ \\\C • b ' c-- t F I; f( •N, .�� t ' l I! jefe 1 is s 1 n;:cii i'.wed R dv..'.3y or Sinewa k Node hallways - FleC liodydW4tCt Ha"rticipped Parkin!) V Jitar's Parking Remote Parking Northwest Loop 820 24.4 • Marine Creek Parkway hr>,9 SA p3 I.cUM c r tt I%.k: ICC !r an Lgn1 opporlurtty 1rn ttt r cp.t# ilizralit to this d1h3C:r4 WACB Academic Classrooms, Railroad, Michael Saenz Conference Center (WACB 1123) http://www.tccd.edu/Campusetand Centers/Northwest Campus/Map_NW.html 10/4/2012 Tarrant County College -Campus Map, Northwest Page 3 of 4 Abbrev WADM WATB WB SA WCJC WCTS WFAB WFSC WHPE WMBA WMBB WMBC WMBD WSTU WTLO Name Administration, Continuing Education, Financial Aid, Registration, Police Department Aviation, SMT, Avionics, Railroad, Electronics Maintenance Department Criminal Justice Training Center, Firing Range Science, Testing, Counseling Fine Arts, Music, Academic Fire Service Training Center Dance, Physical Education Marine Creek Collegiate High School Offices and Science Lab Marine Creek Collegiate High School Cafeteria and Teacher Workroom Marine Creek Collegiate High School Computer Labs Marine Creek Collegiate High School Classrooms 1st Floor: Bookstore, Cafeteria, 1301 & 1305 (Lakeview Room) 2nd Floor: Student Activities, Computer Science Lab, Graphics, Media Theatre, Learning Center, Library, Faculty Offices Updated August 8, 2012 Tarrant County College District 1500 Houston Street Fort Worth, Texas 76102 Information Center: 817-515-8223 Hearing / Speech Impaired (TTY) Online Institutional Resumes (per Sec. 51A.002, Texas Education Code) Report A Problem An Achieving the Dream Institution http://www.tccd.edu/Campuses and Centers/Northwest Campus/Map NW.html 10/4/2012 Exhibit C Tarrant County College May Owen Center Map r TARRANT COUNTY JUNIOR COLLEGE DEPARTMENT OF PHYSICAL PLANTS • • IS 1/42 ,t • 6AOC-SITE RP! • • lkr:4 Ol' 'j ;ils 1 y(C1R.D (j11 a /, ullf 7 �`�r ^ �IS 1i `i a DMSION CIWR CEORGE INCHAROS014 DEPAMENT OWN: OASIO HOEIHE INSTRUCTOR: OMWH 9Y: 0. SENT DATE: 03-04 SGLE- 1/16'-1. REVISED UT: DATE: SHEET HD. OF Exhibit D Tarrant County College Trinity River Campus Map �I, Vldll Id I ' I II I II' VIIriIIIIIIIVIIVIIIIIVIIIVIIJV I IV III III IIV II' I IV IIIYVI VYIIWI IdWuVVlu Ili I 111VII I W III III''161111111VVIIIItVIIIIIIIIIiVIIIIiVIIVIIIIVIIWIIIVIIIIIIIIIIIIdIIIIIIIV111111111116111111Vllllllllllillll'IIIIIIIIIIIVIIIIIIIIVIVIIIIIIIIIVIIIIIIIIVIIVIWV'uIVIIIIIVIJVdIVIIViIW!IVVVVIIPIVIIIWIIVIIVVIVIIIIIIIIYYPVIIIIIIVIVIdIIIYIIIIIVIIWVIIIVIIIIIIIIIIIIIVI�IIVllllllll'IVVIIIIIVIIIIVVIIIIVIVIIIVI6111IIIIIWIVIIIIIIIIIIIiVIIVIVII IV6i, IIIIIIVII IIVVuY VIYVII V I • Peach 5t. Tarrant County College TRINITY RIVER CAMPUS • TRCP Pal Arc) G1ragc • ."• .. ..;" VITA fiat It N}Cll•I1 C.' %+ v �,\ $1 • i',, i' 'r West Belknap Street TCC "TRINITY RIVER CAMPUS TRTR LEVEL ONE Police/Security Student Services Fitness Center TRTR LEVEL TWO Police/Security Class/Meeting Rooms Riverfront Cafe Bookstore TRTR LEVEL THREE Campus Police Continuing Education Classrooms Rotunda Entrance District IS Offices TRTR LEVEL FOUR Meeting Rooms President's Office Trinity River TREC Trinity River East Campus LEVEL TWO Library LEVEL ONE Idea Store TREC LEVEL ONE Coming soon Henderson St. N. Florence St. K:11-CAMPUSNI-TRC1TRINITY RIVER CAMPUS \Site \ TRC Drawing2.dwg, 3/8/2010 1:4151 RF1, Adobe PDF N. Burnett St. Belknap St. ‘-: 111 NA CAREER & EMPLOYMENT 7 --11P-Milil SERVICES 5171A/EinErs I [I_ A COMPUTER1 TESTING INF Rro TION INITY ATOR rr ONLINE REGISTRATION ONLINE REGIS !RATION 41 VIDSS—\t-2 TESTING 1 !— MEN ! DVISING & COUNSELING CENTER ! -I! REGISTRAR Ltir EGISTRATION1 [—BUSINESS [—SERVICES 41: r, STUDENT I NANCIAL r SERVICES 1j STUDENT SUCCESS 114' TRANSFER CENTER flL t,: ELEVATORI I . FITNESS CENTER frwomENs LOCKER I; 0 ROOM WOMEN A r MEN'S LOCKER ! 2 ROOM di TRTR - TRINITY LEVEL 1 TOPARKING GARAGE STUDENT DEVELOPMENT MAIN S� , ET CAMPUS MAIN STREET `� I ' " ���T DIRECTORY INFQ,F�I+�ATIOt� to / l MEN BOOKSTORE RIVERFRONT o CAFE TO TRINITY LEVEL 1 STUDENT SERVICES FITNESS CENTER ELEVATORS DINNING d � 0 TO EAST FORK LEVEL ii Sl'UDENT CONN=CM-TfOTCT if TRTR - TRINITY LEVEL 2 fma, TO PARKING GARAGE STAIRS DOWN TO LEVEL 2 MAIN STRE C46kMPUSI POLICE ( \ 3 Q0 Tht -1 ELEVATOR V__\1 o 0 -------v MEN HrWOMEN 1 LEARNING LAB C \ \ DISCOVER\ LEARNING LAB E ELEVATO S 7 TO EAST FORK k LEVEL 2 il4i TRTR - TRINITY LEVEL 3 TO PARKING GARAGE ENERGY AUDITORIUM Ji POWER r 9 ( TRINITY L ELEVATOR ADMINIS RA SUITE ! 7 0 ACTION B 7-7 ELEVATORS F T TRTR - TRINITY LEVEL 4 TRINITY RIVER EAST CAMPUS 1213F 1213G 1213E 1213D 1213C 1203A E ^� STAIR 1213A EL VAT P'LICE 1102A COMPUTER CENTER 1402E 1402C 1312 TREF - EAST FORK LEVEL 1 2221 2216 rr^� LJ 2223 2229 2224 2226 2228 2230 2214 2212 2210 2208 TAIR 2105 2305A LIBRARY 2302 2319G 2319F 2319E 2319A 2301B 0 n n o TREF - EAST FORK LEVEL 2 TUDEN LOUNGE 3209A 3108A 3110A 1 3113A 3115A TREF - EAST FORK LEVEL 3 4215-C STUDENT LOUNGE 4209A 4217A 4219A 7- 4220A 4222A 4224 MEN b - ii1 b � WOMEN 4203 TAIR 4104A i 4229A 4340AI 4347A 4345A 4343A14341A 4334A 4332A 4330A 4328A 4301 i- 7:11 E 4324 4320 4302 4306 4310 -- r�J �r s_ + TREF - EAST FORK LEVEL 4 5221-C 5219A \3TUDENT LOUNGE] 5215A 5223A 5225A 5227A 5224J V5226A 0 0 0 0 0 0 5228 MN'' r -151 WOMEN 5203A 5107A STUDENT LOUNg 5342A 5347A 5345A 4233A 5340 5105-C 5302 5343A 5301 _1173_ 5304 5306 n 5308 0 TREF - EAST FORK LEVEL 5 6417A 6415A STUDENT LOUNGE 6211A 6402A Lnr x 6106 6108 6110 6126 6124 6122 6301 6302 6112 6120 6340 STUDEN LOUNGE 6323A UMW IOW MI 1\tl ■m IMMO EMI i..ii TREF - EAST FORK LEVEL 6 7212A 7220 MEN b 7213A I b 0 L \-STAIR ) a WOMEN 7206A 7201 7222 7350A 7340A 7336 111 u V Th J tr--i o ELEVATORS 111 7346A 7301 7302 7306E '322A- 5 7324-C 7322-A TREF - EAST FORK LEVEL 7 Exhibit E Tarrant County College Tarrant County College Opportunity Center MEADOWBROOK VILLAGE Cass Street Scale: t = 20' 0 TARRANT COUNTY COLLEGE OPPURTUNITY CENTER K:\1-CAMPUS\1-OFF CAMPUS SITES \TARRANT COUNTY COLLEGE OPPORTUNITY CENTER formerly FWOC\9-SITE\TCOC-MASTER SITE P1AN.8w9, 3/8/2010 2:08:01 PM, Adobe PDF M&C Review Page 1 of 2 Official site of the City of Fort Worth, Texas FORT WORTH CITY COUNCIL AGENDA DATE: CODE: SUBJECT: COUNCIL ACTION: Approved on 11/12/2012 11/12/2012 REFERENCE NO.: **C-25966 LOG NAME: 35TCC INTERLOCAL AGMT C TYPE: CONSENT PUBLIC NO HEARING: Authorize Execution of an Interlocal Agreement with Tarrant County College to Establish Concurrent Police Jurisdiction on Tarrant County College Campuses Operating Within the Fort Worth City Limits (COUNCIL DISTRICTS 2, 7 and 8) RECOMMENDATION: It is recommended that the City Council authorize the execution of an interlocal Agreement with Tarrant County College to establish concurrent police jurisdiction on Tarrant County College campuses operating within the Fort Worth city limits. DISCUSSION: On October 31, 2000, (M&C C-18328) the City of Fort Worth (City) and Tarrant County College (TCC) entered into a mutual Agreement for the provision of police services. Since this time, the City and TCC have appointed new Chiefs of Police. TCC has also acquired additional properties that need to be added to the Agreement. If this Mayor and Council Communication is approved, this Agreement will supersede the previous Agreement. Both the City and TCC have concurrent jurisdiction over the five facilities operated by TCC in the Fort Worth city limits which are: TCC South Campus, TCC Northwest Campus, TCC May Owen Center, TCC Trinity River Campus and the TCC Opportunity Center. Chapter 791 of the Texas Government Code authorizes agencies to enter into Agreements for provisions of services. The Agreement provides the following: City has primary jurisdiction on all non-TCC property within the city limits; TCC generally retains primary jurisdiction on its property within the city limits; Either agency may exercise police power of the other's defined primary jurisdiction during exigent circumstances; TCC may ask for assistance from the Fort Worth Police Department (FWPD) during emergency situations and ask FWPD to assume primary jurisdiction. In any event, the primary jurisdiction commander will have on -scene command placement and role of concurrent jurisdiction officers; No fees shall be charged as part of the Agreement; however, this will not affect fees for other services such as crime laboratory analysis, communications, etc.; and The primary agency assumes no liability for the actions of the employees of the concurrent jurisdiction's agency. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. http://apps.cfwnet.org/council_packet/mc_review.asp?ID=17653 &councildate 11/12/2012 11/14/2012 M&C Review TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by: Charles Daniels (6199) Originating Department Head: Jeffrey W. Halstead (4231) Additional Information Contact: Aya Ealy (4239) ATTACHMENTS Page 2 of 2 http://apps.cfwnet org/council_packet/mc review. asp?ID= 1 76 5 3 &councildate=1 1/12/2012 11/14/2012