HomeMy WebLinkAboutContract 56704 CSC No. 56704
MEMORANDUM OF UNDERSTANDING AND AGREEMENT
Between the City of Fort Worth, Texas, by and through its Police Department
and the Crowley Independent School District Police Department
1. PARTIES. Tile parties to this Memorandum of Understanding and Agreement ("MOU") are
the City of Fort Worth, Texas, by and through its Police Department ("FWPD") and the
Crowley Independent School District Police Department("CISD PD").The City and CISD PD
shall be referred to as Party individually and Parties collectively.
2. RECITALS.
WHEREAS, Section 37.081 of The Texas Education Code requires a school district
police department and the law enforcement agencies with which it has overlapping
jurisdiction to enter into a memorandum of understanding ("MOU") that outlines
reasonable communication and coordination efforts between the department and the
agencies; and
WHEREAS, Crowley Independent School District("CISD") is an institution of education
maintaining and operating Crowley ISD Administraion, Crowley, Texas 76036 within the
territorial limits the city of Fort Worth, Tarrant County, Texas; 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, 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, CISD PD and FWPD each possess and operate their own police departments
which have concurrent jurisdiction as to some portions of Tarrant County, Texas; and
WHEREAS, CISD PD and FWPD each find that this undertaking is necessary for the
benefit of the public and so that each party has legal authority to provide the governmental
function which is the subject matter of this MOU:
NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the
parties agree as follows:
3. FUNDING. This MOU is not an obligation or commitment of funds, nor a basis for transfer
of funds. All obligations of and expenditures by each Party are subject to their respective
OFFICIAL RECORD
MOU between the City of Fort Worth,TX CITY SECRETARY
and Crowley ISD Police Department Page I of 7 FT.WORTH, TX
entity's budgetary and fiscal processes and availability of funds pursuant to all laws,
regulations, and policies applicable thereto.
4. RESPONSIBILITIES.
4.1
A map of CISD PD property and the geographical boundaries or jurisdiction of CISD shall
be provided by CISD PD to FWPD prior to the beginning of the school year and shall be updated
immediately upon any change by providing any revision, update, or listing of the change to the
FWPD Police Program Support Division.
4.2
CISD PD and FWPD will have concurrent jurisdiction on property located within the
geographical boundaries of CISD and located within the territorial limits of the city of Fort Worth,
Texas, subject to any special requests for assistance by CISD PD or exigent circumstances
requiring immediate police response.
4.3
CISD PD shall assume primary jurisdiction on property owned by CISD and located within
the geographical boundaries of CISD. CISD PD shall also be responsible for investigating all
traffic accidents that occur on CISD property when school is in session and during normal school
hours
4.4
CISD PD shall assume primary jurisdiction over all bomb threats to CISD property. These
threats will only be reported to the Fort Worth Fire Department or Tarrant County Emergency
Service District if assistance is needed in disposing of any suspicious incendiary devices.
4.5
FWPD shall retain primary jurisdiction on all property located within the territorial limits
of the city of Fort Worth, Texas which is not owned by CISD and not located within the
geographical boundaries of CISD, subject to any special requests for assistance or exigent
circumstances requiring immediate police response. CISD PD may exercise police powers on
property not owned by CISD nor located within the geographical boundaries of CISD in exigent
circumstances requiring immediate police response, provided that immediate notification of such
action is made to the FWPD Communications Division.
4.6
In the event that CISD PD requests the assistance of FWPD to act as the primary authority
or if a major crime scene or a critical incident develops on CISD property or within the
geographical boundaries of CISD, FWPD reserves the right, at its sole discretion, to respond and
remain the primary authority until the incident has been concluded. The official in charge of the
situation during such a request shall be in accordance with the Fort Worth Police Department
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
MOU between the City of Fort Worth,TX
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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.
4.7
FWPD agrees to comply with notification of criminal activities involving students enrolled
in CISD schools pursuant to Article 15.27 of the Texas Code of Criminal Procedure.
4.8
FWPD officers attempting to make a felony warrant arrest on CISD property shall first
attempt to contact the Chief of the CISD or designee. When possible, the FWPD officer making
such arrest shall make reasonable efforts to be accompanied by an officer from CISD PD. If
possible, no arrest will be made while the subject of the warrant is attending class. However, the
arrest may be effected when the subject leaves the classroom.
4.9
During the execution of a search warrant on CISD property by a FWPD officer, FWPD
will attempt to notify the Chief of CISD PD or designee and, if appropriate, an CISD PD officer
shall be present during the execution of the warrant.
4.10
Follow-up investigations shall be conducted and completed by the department which
originally handled the incident within the scope of their primary jurisdiction.
4.11
The dispatch unit of either jurisdiction shall maintain records of any calls received which
are referred to the other jurisdiction and when dispatching to the other department's primary
jurisdiction notify the dispatcher of that department.
4.12
Each party to this agreement expressly waives the right granted by Section 362.003(c) of
the 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, communications services, etc.
4.13
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 perform
police or peace officer duties pursuant to the 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 worker's compensation benefits, the same as though the service had been rendered
within the primary jurisdictional limits of the department where the officer is regularly employed.
Moreover, all wage and disability payments, including worker's compensation benefits, pension
payments, damage 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 service had been rendered within the primary jurisdictional limits
of the department where the officer is regularly employed.
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and Crowley ISD Police Department Page 3 of 7
4.14
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 to receive 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.
4.15
Police services and all the other services reasonably, related thereto, which are provided
under this agreement shall be performed 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 applicable laws of
the State of Texas and the United States.
4.16
It is understood that nothing in this agreement impacts the jurisdiction of the criminal
courts, including the Fort Worth Municipal Court, as it relates to the filing and prosecution of
offenses occurring on the property of CTSD campuses in the city limits of Fort Worth, Tarrant
County, Texas.
4.17
CISD PD and FWPD 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 party becomes
aware of the failure to comply or breach of contract. In the event that the breaching party fails to
cure or correct 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 terminated, and neither party shall have further responsibility or liability
hereunder.
5. COMPENSATION.No funds, services, or items of monetary value shall be paid,exchanged,
or otherwise provided to either party for participation under the terms of this MOU.
6. CONFIDENTIALITY: The Parties understand that FWPD is a governmental entity for the
purposes of the Texas Public information Act("Act"). Any documents provided to FWPD may
be requested pursuant to the Act. Any documents provided by CISD PD that CPD contends
are excepted from disclosure under the Act or are confidential by taw must be clearly marked
as such on the first page prior to being provided to FWPD. In the event CPD's information is
requested and it is marked as excepted or confidential, FWPD will notify CPD and CPD will
be responsible for submitting arguments to the Texas Attorney General against disclosure of
the information. CISD PD shall not release any information provided by FWPD without
expressed written consent by FWPD. If any information provided to CISD PD by FWPD is
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disclosed or its security is otherwise compromised, CPD shall notify FWPD as soon as
possible.
7. POINTS OF CONTACT.
City of Fort Worth Police Department: For CISD Police Department:
Deputy Chief Renee Kamper Leshai Maston, Chief of Police
817-392-3901 817-297-5345
Sharon.Kamper@fortworthtexas.gov leshai.maston @crowley.kI2.tx.us
Captain Chad Plowman I Crowley Independent School District
Chad.plowmanl@fortworthtexas.gov fortworthtexas.gov 512 Peach Street
817-392-4318 Crowley, TX 76036
City of Fort Worth Police Department
505 West Felix Street
Fort Worth, TX 76115
8. SEVERABILITY: If any provision of this MOU is held to be invalid, illegal or unenforceable,
the validity, legality and enforceability of the remaining provisions shall not in any way be
affected or impaired.
9. GOVERNING LAW AND VENUE: This MOU shall be construed in accordance with the
laws of the State of Texas.If any action,whether real or asserted,at law or in equity, is brought
on the basis of this Agreement, venue for such action shall lie in state courts located in Tarrant
County,Texas or the United States District Court for the Norther District of Texas,Fort Worth
Division.
10. ENTIRETY OF UNDERSTANDING. This MOU constitutes the entire understanding
between the parties as to the matters contained herein. Any prior or contemporaneous oral or
written agreement or other documents are hereby declared null and void to the extent they may
conflict with any provision of this MOU.
11. IMMUNITY. FWPD does not waive its sovereign immunity by entering into this MOU, and
shall fully retains all immunities and defenses provided by law or otherwise with respect to
any action based on or occurring as a result of this MOU.
12. INDEPENDENT CONTRACTOR. The parties to this MOU do not intend to enter into a
legal partnership, as that term is used to describe a legal entity and to involve joint and several
liabilities.CISD PD shall operate hereunder as an independent contractor and not as an officer,
agent, servant or employee of FWPD. Likewise, FWPD shall operate hereunder as an
independent contractor and not as an officer, agent, servant or employee of CISD PD. Neither
Party shall be responsible under the Doctrine of Respondent Superior for the acts and
omissions of the officers, members, agents, servants, employees, or officers of the other.
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and Crowley ISD Police Department Page 5 of 7
13. OTHER PROVISIONS. Nothing in this MOU is intended to conflict with any current laws
or regulations or with the directives of the City of Fort Worth or Tarrant County.
14.TERM. This MOU will become effective on the date it is executed by both parties("Effective
Date") and will remain in effect until August 31, 2022 ("Expiration Date"). This MOU shall
automatically renew annually for four (4) successive one (1) year periods, unless otherwise
terminated in writing by either party with at least thirty (30) days written notice prior to the
renewal date.
15. MODIFICATION AND AMENDMENT. No amendment, modification, or alteration of the
terms of this MOU shall be binding unless the same is in writing, dated subsequent to the date
hereof, and duly executed by the parties hereto.
16. NOTICES. Notices required pursuant to the provisions of this MOU shall be conclusively
determined to have been delivered when (1) hand-delivered to the other party, or(2) received
by the other party by United States Mail, registered, return receipt requested, addressed as
follows:
For the City of Fort Worth: For Other Party:
Sasha Kane Leshai Maston
Sr. Contract Compliance Specialist Chief of Police
City of Fort Worth Police Department Crowley ISD
505 West Felix Street 512 Peach Street
Fort Worth, TX 76115 Crowley, TX 76036
Copy to City Manager and City Attorney's Office
At 200 Texas Street, Fort Worth, Texas 76102
17. TERMINATION. Either party may terminate this MOU at any time, by providing the other
party with thirty (30) days' written notice of termination. Such written notice shall specify the
effective date of the termination.
18. SIGNATURE AUTHORITY. The person signing this MOU hereby warrants that he or she
has the legal authority to execute this MOU on behalf of his or her respective party, and that
such binding authority has been granted by proper order, resolution, ordinance, or other
authorization of the entity. The other party is fully entitled to rely on this warranty and
representation in entering into this MOU.
[The remainder of this page was intentionally left blank.]
[Signature Page follows.]
MOU between the City of Fort Worth,TX
and Crowley ISD Police Department Page 6 of 7
ACCEPTED AND AGREED: ACCEPTED AND AGREED:
CROWLEY ISD CITY OF FORT WORTH:
By: By: JesusChapa( 18,22115:52CST)
Dr. Michael McF rland Jesus J. Chapa
Chief of Police Deputy City Manager
Date: 8/18/2021 Date:
X PRO D AS TO F RM: APPROVAL RECOMMENDED:
C- —Ryr J ^ By: Neil Noakes(Nov 18,2021 15:48 CST)
Leshia Maston Neil Noakes
Chief of Police Crowley ISD Chief of Police
Date:08/18/2021 Date:
Contract Compliance Manager:
By signing i acknowledge that I am the APPROVED AS TO FORM AND
person responsible for the monitoring LEGALITY:
and administration of this contract,
including ensuring all performance and By:
reporting requirements. Taylor Paris
f2quel Cleveland for Assistant City Attorney
By:Raquel Cleveland for(Nov 18,202112:08 CST)
Sasha Kane Date:
Sr. Contract Compliance Specialist
Contract Authorization:
M&C:
Date Approved:
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Ronald Gonzales
Acting City Secretary
OFFICIAL RECORD
CITY SECRETARY
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and Crowley ISD Police Department Page 7 of 7