HomeMy WebLinkAboutContract 61275CSC No. 61275
MEMORADUM OF UNDERSTANDING
BETWEEN WHITE SETTLEMENT INDEPENDENT SCHOOL DISlRICT, on behalf of its POLICE
DEPARTMENT AND THE CITY OF FORT WORTH, on behalf of its POLICE DEPARTMENT
TH IS AGREEMENT is made and entered into by and between WHITE SETTLEMENT INDEPENDENT
SCHOOL DISTRICT ("WSISD") on behalf of its Police Department (hereinafter, "WSISD PD") and the CITY
OF FORT WORTH on behalf of its Police Department (hereinafter "FWPD"), both parties being duly
organized and existing under the laws of the State ofTexas, acting herein by and through their respective
governing bodies. WSISD PD and FWPD may be referred to herein individually as a "Party" and collectively
as the "Parties."
RECITALS
WHEREAS, pursuant to Texas Education Code Section 37 .081(g), a school district police
department and the law enforcement agencies with which it has overlapping jurisdiction shall enter into
a memorandum of understanding that outlines reasonable communication and coordination efforts
between the department and the agencies;
WHEREAS, WSISD police officers shall have all the powers, privileges, and immunities of police
officers on or off duty within the jurisdiction of the District. Subject to limitations in law, WSISD police
officers shall have the authority to:
1.Protect the safety and welfare of any person in the jurisdiction of WSISD and protect the property
ofWSISD;
2.Enforce all laws, including municipal ordinances, county ordinances, and state laws, and
investigate violations of law as needed. In doing so, WSISD police officers may serve search
warrants in connection with WSISD-related investigations in compliance with the Texas Code of
Criminal Procedure;
3.Arrest suspects consistent with state and federal statutory and constitutional standards governing
arrests, including arrests without warrant, for offenses that occur in the officer's presence or
under the other rules set out in the Texas Code of Criminal Procedure;
4.Coordinate and cooperate with commissioned officers of all other law enforcement agencies in
the enforcement of Board policies as necessary;
5.Enforce WSISD policies, rules, and regulations on WSISD property, in school zones, at bus stops,
or at WSISD functions;
6.Investigate violations of WSISD policy, rules, and regulations as requested by the WSISD
Superintendent and participate in hearings concerning alleged violations;
7.Carry weapons as directed by the WSISD Chief of Police and approved by the WSISD
Superintendent; and
8.Carry out all other duties as directed by the WSISD Chief of Police or Superintendent;
1
WHEREAS, the jurisdiction of WSISD PD police officers includes all territory within District
boundaries, as well as all real and personal property outside the boundaries of the District that is
owned, leased, or rented by the District, or is otherwise under the District's control;
WHEREAS, the jurisdiction of the FWPD includes the areas listed in item #�2 below;
WHEREAS, the WSISD PD and the FWPD have overlapping jurisdiction;
WHEREAS, the Parties desire to create a cooperative atmosphere between them and to assist one
another in the notification and investigation of certain criminal offenses occurring within the
territorial jurisdictions of the two entities; and
WHEREAS, creating a cooperative atmosphere and effort will assist the Parties in carrying out
their respective responsibilities and mission to serve the citizens of the City of Fort Worth and the
White Settlement Independent School District.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENT that in consideration of the mutual
covenants, agreements, and benefits to all Parties, it is AGREED as follows:
1. ASSISTANCE TO WSiSD PD. During the term of this Agreement, FWPD agrees to provide, upon
request from the White Settlement ISD Police Department, such law enforcement personnel and
available equipment or facilities as may be requested for the investigation or suppression of crime
within the jurisdictional areas of WSISD PD—provided, that the requested personnel, equipment,
or facilities are not otherwise engaged or required by the Fort Worth Police Department, as
determined by the Chief of Police, or designee, of the Fort Worth Police Department, and subject
to the other provisions contained herein.
2. JURISDICTION. FWPD wifl retain primary jurisdiction over non-White Settlement ISD property and
streets subject to such assistance as may be requested of WSISD PD. Furthermore:
a. The White Settlement Independent School District Police Department and the Fort Worth
Police Department wiil have concurrent jurisdiction on property belonging to, leased,
rented, or otherwise under the control of the school district within the city limits of the
City of Fort Worth, Texas.
b. White Settlement !SD Police will have primary jurisdiction and responsibility for all
offenses that occur within the school district property. In addition, White Settlement ISD
Police will be responsible for investigation of all traffic crashes that occur on school
property or involving school district vehicles, including students, staff, visitors, school
buses, and maintenance vehicles. FWPD will make reasonable efforts to inform WSISD PD
if FWPD has knowledge that any of the aforementioned has occurred.
c. White Settlement ISD Police may request additional assistance, as needed, for incidents
that involve major crime scenes, complex criminal investigations, violent encounters, and
critical inc'sdents that occur within concurrent jurisdictional boundaries.
d. White Settiement ISD Police may request FWPD assistance outside of the City of Fort
Worth that are within the boundaries of the White Settlement IS�, including the primary
2
territorial jurisdiction of the City of White Settlement or unincorporated portions of
Tarrant County.
e. The Fort Worth Police Department maintains an Interlocal Cooperation Agreement, which
establishes concurrent enforcement jurisdiction between the City of White Settlement and
the City of Fort Worth, Texas.
3. PROPERTY. WSISD PD shall be responsible for providing FWPD with an up-to-date and current list
of all properties owned, leased, or under the control of the WSiSD that are within the jurisdiction
of the FWPD. This list wrll include the property name and street address.
4. COMMAND AUTHORITY; TACTICAL UNIT OR MAJOR CASE RESPONSE. Because the Parties hold
concurrent jurisdiction within the City of Fort Worth—and in the spirit of cooperation, most
efficient response, and use of resources—the Parties agree that FWPD will have controi over the
incident in all cases where it has assumed primary jurisdiction, or until relieved by an appropriate
law enforcement entity. White Settlement ISD Police will assist at the request of the Fort Worth
Police Incident Commander. FWPD shall respond to such requests accordingly if the Chief of
Police, or designee, deems reasonable and resources are available for deployment. Fort Worth
Police officers will notify the WSISD Police Department through FWPD Dispatch Services prior to
their presence at a scene, and, upon arriving at the scene, a FWPD Incident Commander will notify
and seek an update from the WSISD PDts on-scene incident commander, if one has been identified.
WSISD PD and FWPD will establish a Unified Command structure with WSISD PD maintaining
overall command. In the event an incident requires a tactical unit or major case response,
including but not limited to, an active shooter, homicide, kidnapping, suicide, death, or serious
bodily injury, the FWPD Incident Commander will assume command of the scene until it is
determined command can be transferred back to WSISD PD, as needed.
5. OPERATIONAt PROCEOURES AND GUIDELINES. Subject to approval by WSISD`s Superintendent
and the City Manager, the Chief of the WSISD PD and the Chief of Police may enter into mutually
agreed upon specific and detailed operational procedures and guidelines concerning the terms of
this Agreement. The Parties will comply with the National Incident Management Systems (NIMS}
as set forth by the Department of Homeland Security and incorporated by reference in Texas
Government Code Section 418.1152.
6. MEDIA. In the event where FWPD is involved in a joint investigation with WSISD PD regarding
incident(s) pertaining to students, district employees, or crimes involving WSISD property, the
FWPD shall notify WSISD's Communications Department, prior to releasing information to the
media or public, in such joint cases where the investigation involves the mutual interests of both
FWPD and WSISD PD. WSISD will be responsible for responding to Public Information Act requests
that are directed toward WSISD PD and seek WSISD PD records. The City of Fort Worth will be
responsible for responding to Public Information Act requests that are directed toward FWPD and
seek FWPD records. Prior to either party releasing information to the media regarding an incident
in which both WSISD PD and FWPD were involved, the Party will notify the other Party prior to
release of such infarmation and will ensure that all state and federal {aws are foUowed, including
those related to student privacy.
7. FWPD ARRESTS ANO SEARCHES ON WSISD PROPERTY. FWPD officers desiring to make a felony
warrant arrest on WSISD property shall contact the WSISD PD to coordinate warrant service on
3
WSISD property. A WSISD PD officer shall accompany a FWPD officer when executing such a felony
arrest warrant. No arrest wifl be made while the subject of the warrant is attending class, but the
officers may make an arrest after the subject leaves the classroom, taking into consideration the
safety of bystanders in the immediate vicinity and disruptions to the WSISD campus.
8. STATUS OFFENSES. FWPD personnel shall not respond to or investigate status offenses or enforce
WSISD Board policies or Code of Conduct rules that regulate student behavior and activities that
are designated as non-criminal in nature on WSISD properties.
4. PROPERTY ANO EVIOENCE. Property acquired by the WSISD PD, including evidence in criminal
investigations handled by WSISD PD, shall be retained and secured by the WSISD PD and stored
within the appropriate WSISD PD facilities. When FWPD is primary on a criminal investigation,
FWPD personnei will retain and secure property and evidence in accordance with FWPD
regulations. Should the WSISD PD request the assistance of the FWPD Evidence Unit for the
purpose of collecting and preserving evidence, FWPD shall be granted control ofthe crime scene
as of the time of initial response to the request. The WSISD PD will support and assist the FWPD
Evidence Unit as directed by the FWPD ofFicer in charge at the scene FWPD may assume the
responsibility for investigating and case management of the incident.
10. COMMUNICATIONS. WSISD PD shall maintain and operate its own police radio system. Both
Parties agree to share primary radio frequencies to further collaboration and scene responses
during incidents that FWPD and WSISD PD mutually respond to.
11. INTELLlGENCE SHARING. FWPD and WSISD PD agree to provide intelligence related to criminal
endeavors that occur on school property or impact school property to the extent allowed by law,
as available, and share intelligence information regarding campus crime. FWPD will notify WSISD
PD of criminal activities involving students enrolled in White Settlement ISD schools pursuant to
the Texas Code of Criminaf Procedures.
12. EMPLOYMENT STATUS. While any law enforcement officer, who is regularly employed by a
FWPD, is in the service of WSISD PD pursuant to this Agreement, the officer shall continue to be
an employee of the FWPD, with a!{ of the powers of a regular law enforcement officer in such
other jurisdiction as fully as though they were within the jurisdiction where the officer is regularly
employed, and their qualification, respectively, for office where regulariy employed shall
constitute the officer's qualification for office in such other jurisdiction, and no other oath, bond,
or compensation need be made. WSISD PD and/or FWPD sha{I each remain responsible and liable,
to the extent allowed by law, for the actions and inactions of its own empfoyees.
13. EQUIPMENT AND FACILITIES. When requested to assist WSISD PD, properly trained FWPD
personnel shall have access to a11 equipment and facilities available for use by WSISD PD.
14. NOTIFiCAT10N OF ARRESTS. A law enforcement officer assigned by FWPD to assist WSISD PD
under this Agreement, when a request for assistance has been made, may make arrests outside
the jurisdiction in which the officer is employed but within the jurisdiction of the WSISD PD, as
contemplated by this Agreement. However, WSISD PD shall be notified of any arrest made by
FWPD officers in its jurisdiction without delay. Peace officers employed by the Parties to this
Agreement shall have such investigative law enforcement authority in WSISD PD's jurisdiction to
4
reasonably accomplish the purpose for which the request for assistance is made under this
Agreement.
15. COMPENSATION RESPONSIBILITIES. Each Party to this Agreement shall be responsible for all
salaries, benefits, workers compensation, and other compensation, costs, and expenses due and
attributable to that Party's own personnel, equipment and facilities that are assigned and made
available to the WSISD PD hereunder, unless otherwise agreed in writing by the Parties on a case-
by-case basis. FWPD shall not require reimbursement of any cost or expenses for personnel,
equipment or facilities that are made available to WSISD PD hereunder, unless otherwise agreed
in writing by the Parties on a case-by-case basis.
16. TERM. The initial term of this Agreement shall be for five (5) years from the date of execution,
with any Party having the right to terminate this Agreement upon thirty (30) days' written notice
to the other Party. This agreement will thereafter automatically renew from year to year for one-
year intervals unless terminated in accordance with this Agreement. The FWPD, the WSISO PD
Chief of Potice and the Superintendent shall review this Agreement at least once every year. U pon
termination of this Agreement, the Parties will make a good faith attempt to negotiate and
execute another Agreement as required by Texas Education Code Section 37.081(g).
17. IMMUNITY. ft is expressly understood and agreed that, in the execution of this Agreement, no
party waives nor shall be deemed hereby to waive any immunity o� defense that would otherwise
be available to it against claims arising in the exercise of governmental powers and functions.
18. PERFORMANCE OF SERVICES. Police services, and all other services reasonably reiated thereto,
underthis Agreement shall be performed in accordance with the standing Operating Procedures,
Rules, Regulations, and Ordinances of the department where each police officer, or police
personnel, is empioyed, in conformity with the requirements and mandates of laws of the State
of Texas and the United States.
14. OBL[GATIONS. This Agreement shall not limit the power of the Parties to provide or receive from
other government entities the same or similar law enforcement. The Parties expressly
acknowfedge that each may have legal obligation to enter into additional Agreements relating to
communications and coordination of police efforts. This Agreement inures to the benefit of and
obligates only the Parties executing it. No term or provision of this Agreement shall benefit or
obligate any person or entity not a party to it. The Parties to this Agreement shall cooperate fully
in opposing any attempt by any person orentity not a party to this Agreement to claim any benefit,
protection, release, or other consideration under this Agreement.
20. REMEQIES. No right or remedy granted herein or reserved by the Parties is exclusive of any other
right or remedy provided or permitted under law or equity. No covenant or condition of this
Agreement may be waived without first obtaining consent of the Parties in writing. Forbearance
or indulgence by either party shall not constitute a waiver of any covenant or condition to be
performed pursuant to this Agreement.
21. VENUE. The Parties agree that exclusive venue for any dispute between the Parties arising from
this Agreement shall lie in iarrant County, Texas and shall be governed by Texas law.
22. SEVERABILITY. If any of the terms, sections, subsections, sentences, clauses, phrases, provisions,
covenants, conditions or any other part of this Agreement, are for any reason held to be invalid,
void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses,
phrases, provisions, conditions or any other part of this Agreement shall remain in full force and
effect and shall in no way be affected, impaired or invalidated.
23. REPLACEMENT. This Agreement supersedes and replaces the previous memorandum of
understanding currently active between the Parties on these matters, known as Fort Worth City
Secretary Contract No. 29228.
24. ENTlRE AGREEMENT. This Agreement embodies the complete agreement of the Parties hereto
superseding all oral or written p�evious and contemporaneous agreements between the Parties
relating to matters herein; and, except as otherwise provided herein, cannot be modified without
written agreement of the Parties.
24. NON-WAIVER. It is further agreed that one or more instances of forbearance by the parties hereto
in the exercise of their rights herein, shall in no way constitute a waiver of any such rights.
25. NOTICE. Any written notice, demand, or request required or permitted to be delivered hereunder
shall be deemed received when delivered in person o� sent by United States mail, postage prepaid,
certified mail, and addressed to the Party at the address set below:
To White Settlement ISD: Frank Molinar
Superintendent, White Settlement ISD
8224 White Settlement Rd
White Settlement, Texas 76108
To the City of Fort Worth: David Cooke
City Manager, Fort Worth
100 Fort Worth Trail
Fort Worth, Texas 76102
*Copy to the City Attorney's Office at the same address
0
AUTHORIZATION. The undersigned officers and/or agents are properly authorized to execute this
Agreement on behalf of the Parties hereto and each Party hereby certifies to the other that any necessary
resolutions, if any, extending such authority have been duly passed and are now in full force and effect.
Signature:
Date:
Date:
For the City of Fort Worth
Signature:
Date:
�-.
William Johnson, Assistant City Manager
Apr 15, 2024
(signature page follows)
(remainder of page intentionally left blank)
7
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended:
By: Rob�r 15, 202413:35 CDT)
Name: Robert A. Alldredge Jr.
Title: Executive Assistant Chief
Approved as to Form and Legality:
By:
Name: Andrea Phillips
Title: Assistant City Attorney
Contract Authorization:
M&C: NIA
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
By:
Name: Loraine Coleman
Title: Administrative Services Manager
City Secretary:
By: ri�
Name: Jannette S. Goodall
Title: City Secretary