HomeMy WebLinkAboutContract 57603 CSC No.57603
Memorandum of Understanding
The Fort Worth Police Department
And
Southwestern Baptist Theological Seminary Police Department
(hereinafter, SWBTS PD)
RECITALS
This Agreement is made under the authority granted to the City and SWBTS PD pursuant
to the Texas Education Code 51.2125 which allows for a memorandum of understanding
between the police departments of private institutions of higher education and municipalities.
WHEREAS, SWBTS is a private institution of higher education maintaining and operating
a main campus and multiple residential and business properties within the city limits of
Fort Worth, Tarrant County, Texas and
WHEREAS, the Texas Education Code, Section 51. 212, confers on commissioned peace
officers of private institutions of higher education jurisdiction in the county of the
institution; and
WHEREAS, the Texas Local Government Code, Section 341. 00( n 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, SWBTS and Fort Worth each possess and operate their own police
departments which have concurrent jurisdiction as to some portions of Tarrant County,
Texas; and
WHEREAS, SWBTS 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 mutual coven rules herein expressed, the
parties agree as follows:
AGREEMENT
1. The term of this agreement is for a period beginning on the date executed by the
Assistant City Manager below , and ending on one year from that date.
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Thereafter, this agreement shall automatically renew from year to year unless
terminated in accordance with this Agreement.
2. This agreement may be terminated by either party hereto, in whole or in part, at any
time and for any reason, upon written notice to the other party. Such written notice
shall specify the effective date of the termination.
3. SWBTS and City covenant and agree that in the event either party fails to comply
with, or breaches, any of the terms and provisions or 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.
4. The Fort Worth Police Department shall retain concurrent jurisdiction, subject to any
special requests for assistance by the SWBTS Police Department or exigent
circumstances requiring immediate police response. The following geographic
perimeter will delineate an agreed upon area which will constitute a corridor for"Mutual
Aid" between FWPD and SWBTS PD. This established corridor is for day-to-day
purposes and is not intended to limit the response ability for an emergency backup at a
location outside of the established corridor. SWBTS PD will respond to requests for
assistance from FWPD within the mutual aid corridor. FWPD will respond to requests
from SWBTS PD for assistance on SWBTS property. Requests for assistance by either
department will assume that the responding agency is responding in a backup roll and not
as the primary responding or investigating unit. This delineated area for mutual aid will
have a Southern boundary at Interstate 20, a Western boundary extending North from
Interstate 20 on McCart to Seminary, West to Lubbock,North to Pafford, East to McCart,
North to Butler, East to 6th Ave, South to Fuller,West to James, South to Interstate 20 (see
attached map, Exhibit A).
5. SWBTS Police Department shall assume primary jurisdiction of the property reflected
in the maps attached as Exhibit A. This map shall be updated immediately upon any
change by providing any revision, update, or listing of the change to the Fort Worth
Police Department Police Program Support Division.
6. The SWBTS Police Department and Fort Worth Police Department will have concurrent
jurisdiction of property belonging to, leased, or rented by, or otherwise under the care,
custody,or control of SWBTS,within city limits of the City of Fort Worth,Texas. SWBTS
Police will have primary jurisdiction for all misdemeanors and felony offenses that occur
on SWBTS property. In addition, SWBTS Police will be responsible for investigating all
traffic accidents that occur on SWBTS property and may assist or assume investigations
on adjacent and nearby roadways when requested.
7. In the event the SWBTS Police Department requests 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 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 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
SWBTS property shall contact the chief of the SWBTS Police Department or designee.
The Fort Worth Police Department officer making such an arrest shall be
accompanied by an officer from the SWBTS Police Department. If possible, no arrest
will be made while the subject of the warrant is attending class but the arrest may be
affected when the subject leaves the classroom.
9. During the execution of a search warrant on SWBTS property by a Fort Worth Police
Department officer, the chief of the SWBTS Police Department or designee shall be
notified if appropriate and an officer of the SWBTS 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
departments primary jurisdiction, will notify the dispatcher of that department.
12. Each party to this Agreement expressly waives the right granted by Section 362. 003(
c), 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.
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 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 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.
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.
15. Neither City nor SWBTS shall be responsible under the Doctrine of Respondent
Superior for the acts and omissions of its officers, members, agents, servants,
employees, or officers of the other.
16. 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 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 Charter and Ordinances of the City
of Fort Worth, as they may be amended from time to time and is subj etc. to and is to
be construed, governed and enforced under all applicable State of Texas and United
States laws.
20. City and SWBTS, 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 permit its agents, employees,
subcontractors or program participants to engage in such discrimination.
21. 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.
22. The failure or City of SWBTS to insist upon the performance 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 SWBTS right to assert or rely upon
any such term or right on any future occasion.
23. 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.
24. 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.
CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the
person responsible for the monitoring and
'j�;4c.4— administration of this contract, including
By: ensuring all performance and reporting
Name: Fernando Costa requirements.
Title: Assistant City Manager
Date: May 24, 2022
By: Sasha Kane(May 24,202210:09 CDT)
APPROVAL RECOMMENDED: Name: Sasha Kane
Title: Senior Contract Compliance Specialist
APPROVED AS TO FORM AND LEGALITY:
By: Neil Noakes(May 24,2022 13:40 CDT)
Name: Neil Noakes oab�40Rn��a
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Title: Chief of Police ���F ���oado �00
�g�•� By:
ATTEST: oo a*dd Name: Taylor Paris
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000000 °`y Title: Assistant City Attorney
wymic'40-s CONTRACT AUTHORIZATION:
By: Jannette S.Goodall(May 24,2022 14:06 CDT) M&C: None
Name: Jannette Goodall Date Approved:
Title: City Secretary
Form 1295 Certification No.:
Southwestern Baptist Theological Seminary
Police Department
By:
Name: Kevin Collins OFFICIAL RECORD
Title: Chief
CITY SECRETARY
FT.WORTH, TX