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HomeMy WebLinkAboutContract 47267CITY SEC&FM! 1 1 17 CONTRACT Ma MEMORANDUM OV UDY RSTA3 DING BX,TMEN THE UNITED ST2MS MPARTMENT O 3 JUSTICE MVXRAL BUREAU OF PRISONS FEDERAL CORRECTIONAL INSTITUTION FORT WORTH, TEXAS AND CITY OF FORT WORTH FORT WORTH, TEXAS For Canino Drug Detection Searches Pursuant to authority contained in 18 U.S.C. § 4042 (a) and the Intergovernmental Personnel Program, 42 U.S.C. Chapter 62, this Memorandum of Understanding ("MOU" or "Agreement"), is entered into by and between the United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, Fort Worth, Texas, herein after referred to as "FCI Fort Worth", and the City of Fort Worth, acting through its duly authorized Assistant City Manager on behalf of the Fort Worth Police Department, herein after referred to as "FWPD", who hereby agree as follows: I. PURPOSE AND SCOPE: A. This Agreement is intended to establish quarterly training exercises for FWPD canine units to search for illegal drugs within FCI Fort Worth, thereby assisting the FWPD in maintaining the canine unit's drug detection skills and FCI Fort Worth in maintaining institution security. B. Nothing contained herein shall be construed to abrogate, impair, alter, or amend any other agreement now in effect between the parties on any other subject. C. This Agreement supersedes any previously executed agreement between the parties on this same subject. Page 1 of 5 MOU - FCI Fort Worth Canine Drug Detection Search OFFICIAL RECORD CITY SECRETARY re WORTH, TX II. RESPONSIBILITIES: A. FCI FORT WORTH Shall: 1. Provide to FWPD a list of FCI Fort Worth contact persons authorized by the Warden to act as liaison with the FWPD.and coordinate additional operational details. The list shall include n ame(s) for the FCI Fort Worth contact person(s), and be updated as n ecessary. 2. Identify the areas to be searched and: a. Permit a FWPD canine unit officer to approve in advance the area(s) to be searched. b. Ensure that all inmates and visitors are clear of the area to be searched. 3. Provide an escort for FWPD canine units at all times while at FCI Fort Worth. 4. Work with FWPD canine unit to execute necessary search and training records, and maintain proper chain of custody for all relevant evidence. B. FWPD shall: 1. Provide a canine unit for the purpose of detecting illegal drugs at FCI Fort Worth on a quarterly basis, subject to availability. 2. Provide to FCI Fort Worth a list of FWPD contact persons authorized to act as liaison with FCI Fort Worth and coordinate additional operational details, e.g. scheduling dates/times. The list shall include name(s), title(s), and telephone number(s) for t he FWPD contact person(s), and be updated as necessary. 3. Work with FCI Fort Worth to execute necessary search and t raining records, and maintain proper chain of custody for all relevant evidence. III. PROCEDURES• A. The FCI Fort Worth and FWPD contact persons shall establish the dates and times for each quarterly search, as well as other appropriate operational details. Page 2 of 5 MOU - FCI Fort Worth Canine Drug Detection Search B. Each party's contact person shall provide notice to the other party as soon as practicable after circumstances arise that would prevent a scheduled search. IV. GENERAL PROVISIONS: A. PERIOD OF AGREEMENT/TERMINATION: 1. This Agreement shall become effective upon the date of last signature of the authorized officials for both parties, as designated below, and shall remain in effect for a period of five years, unless terminated sooner by mutual consent of both parties, o r by either party providing 60 days advance written notice to the o ther party. 2. This Agreement shall remain in effect during the term in o ffice of any successive leadership of either party unless t erminated or modified pursuant to procedures described below. B. MODIFICATION PROCEDURES: Either party may propose to modify t his Agreement at any time. All proposed modifications shall be in o riting and shall become effective only upon the written concurrence o f both parties. C. FINANCIAL RESPONSIBILITIES: 1. Each party is responsible for its own costs in implementing this Agreement. 2. Anti -Deficiency Act: Nothing contained herein shall be construed to violate the Anti -Deficiency Act 31 U.S.C. § 1341, by obligating FCI Fort Worth to any expenditure or obligation of funds in excess or in advance of appropriations. D. LIABILITY AND INDEMNIFICATION: 1. Each party shall be responsible for any liability arising from its own conduct and retain immunity and all defenses available t o them pursuant to federal and state law, including immunity provided in 42 U.S.C. § 5148 for Stafford Act assistance rendered by FCI Fort Worth. Neither party agrees to insure, defend, or indemnify the other party. Page 3 of 5 MOU - FCI Fort Worth Canine Drug Detection Search 2. Each party shall cooperate with the other party in the investigation and resolution of administrative claims and/or litigation arising from conduct related to the provisions of this Agreement. 3. Neither party shall be responsible for delays or failures in performance from acts beyond the reasonable control of such party, e.g. a natural or man --made disaster. E. DISPUTE RESOLUTION: In the event of a dispute between the parties, the parties shall use their best efforts to resolve that dispute in an informal fashion through consultation and communication, or other forms of non -binding alternative dispute resolution mutually acceptable to the parties. Fo THIRD PARTY CLAIMS: This Agreement is for the sole and exclusive benefit of the signatory parties, and shall, not be construed to bestow any legal right or benefit upon any other persons or entities. IN WITNESS WHEREOF, the undersigned, duly authorized officers have subscribed their names on behalf of the Federal Bureau of Prisons, FCI Fort Worth, and the City of Fort Worth. For the Federal Bureau of Prisons: A/471 ,d6K R %handlelX(Warden Federal Corr nal Institution Fort Worth, Texas For the City of Fort Worth: Designated Signature Valerie K. Washington Assistant City Manager City of Fort Worth /�/'s Date kit 5(-/ic Date Page 4 of 5 MOU -- &'CI Fort Worth Canine Drug Detection Search • • • `OFFICIAL RECORD ©JTYSECRETARY ` i : WORTH, TX Fort Worth, Texas • APPROVAL RECOMW ! }ED BY: BY: I C� Chief Joel F. Fitzgerald Chief of Police Date: j7//(71< APPROVED AS TO FORM AND LEGALITY: G By: ki P Victoria D. Honey Assistant City Attorney ATTEST: By: Mary J. Kase City Secretary 1 II NO MerCth ittgktE Q J M " -71 A rr ra 4"--\,(3o00(3 00, 1 00000 o % 0 Page 5 of 5 MOU e FCI Fort Worth Canine Drug Detection Search • OFFICIAL RECORD CITY SFCRETARY Ft woRtli, TX