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HomeMy WebLinkAboutResolution - 2012-R0030 - Memo Of Understanding - Frenship ISD - Law Enforcement Services - 01/12/2012Resolution No. 2012-R0030 January 12, 2012 Item No. 5.32 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, the Memorandum of Understanding For Law Enforcement Services by and between the City of Lubbock and the Frenship Independent School District, and related documents. Said Memorandum of Understanding is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. by the City Council on January 12, 2012 TTEST: TOM MARTIN, MAYOR Garza, City Secretary APPROVED AS TO CONTENT: Roger Ellis, Chief of Police VED AS TO FO John,C. Prrgq/A*fstant/Ciy/Attorney MOU with FISD PD 12-1-2011.doc Resolution No. 2012-R0030 THE STATE OF TEXAS § § Memorandum of Understanding For § Law Enforcement Services § by and between the City of Lubbock, § and the Frenship Independent School § District. COUNTY OF LUBBOCK § This Memorandum of Understanding ("MOU") is entered into on this 12th day of January , 20 12 , by and among the CITY OF LUBBOCK, a home -rule municipality in Lubbock County, Texas, (hereinafter referred to as "CITY") and the FRENSHIP INDEPENDENT SCHOOL DISTRICT, an independent school district located at Lubbock County, Texas (hereinafter referred to as "SCHOOL DISTRICT") (collectively referred to as the "Part(ies)." WITNESSETH: WHEREAS, the SCHOOL DISTRICT is an independent school district maintaining and operating facilities within the CITY, and WHEREAS, the SCHOOL DISTRICT has commissioned peace officers for security and law enforcement purposes; and WHEREAS, the Texas Education Code, Section 37.081, requires that the jurisdiction of a peace officer employed by a school district shall be determined by the board of trustees and may include all territory in the boundaries of the school district and all property outside the boundaries of the district that is owned, leased, or rented by or otherwise under the control of the school district, and WHEREAS, Texas Education Code, Section 37.081, requires that school district police departments 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, and WHEREAS, the CITY and the SCHOOL DISTRICT each find that this undertaking is necessary for the benefit of the public and that each party has legal authority to provide the governmental functions, which are the subject matter of this MOU, and WHEREAS, the CITY and the SCHOOL DISTRICT desire to improve the efficiency and effectiveness of their police departments by cooperating in the provision and performance of law enforcement services pursuant to Chapter 791 of the Texas Government Code; and WHEREAS, the CITY and the SCHOOL DISTRICT desire to specify the terms and conditions of an agreement through which this mutually beneficial relationship may be affected; and City of Lubbock and Frenship Independent School District Memorandum of Understanding for Law Enforcement Services 4524496 v5 Page 1 of 9 WHEREAS, the CITY and the SCHOOL DISTRICT recognize and understand that the circumstances of an incident may necessitate that the requirements of this MOU be amended or revised to allow the law enforcement officers of each party to better address the unique demands of a specific situation and provide appropriate mutual aid and support to each other, under the circumstances; and NOW THEREFORE IN CONSIDERATION of the mutual undertaking hereinafter set forth and for adequate consideration given, the above named governmental entities agree as follows: I. Definitions The following terms shall have the following meanings when used in this MOU: (a) "Peace officer" means a person elected, employed, or appointed as a peace officer under Article 2.12, Code of Criminal Procedure, or other law, and licensed by the Texas Commission on Law Enforcement Officer Standards and Education; (b) "Party" means a governmental entity which is a party to this MOU; (c) "Chief law enforcement officer" means the chief of police of a municipality and the chief of police of an independent school district; (d) "Chief administrative officer" means the city manager or superintendent of an independent school district; (e) "Requesting governmental entity" or "requesting party" shall mean and refer to the contracting governmental entity that requests another party to this MOU for law enforcement services in aid and assistance in responding to an emergency condition within the boundaries of the requesting party. (f) "Responding governmental entity" or "responding party" shall mean and refer to the governmental entity that answers or responds to request of another party to this MOU for law enforcement services in aid and assistance in responding to an emergency condition within the boundaries of the requesting party. II. Purpose The purpose of this MOU is to assist in providing additional law enforcement officers and equipment necessary to protect health, life, and property against violations of criminal law and breaches of the peace. The Parties recognize and acknowledge that mutual cooperation and communication are in the best interest of their constituents, employees and the public, and the City of Lubbock and Frenship Independent School District Memorandum of Understanding for Law Enforcement Services #524496 v5 Page 2 of 9 Parties therefore pledge to meet on a periodic basis to discuss the purpose of this MOU and to develop practices and procedures in keeping with this purpose. III. Primary Jurisdiction and Concurrent Jurisdiction A. the CITY shall retain primary jurisdiction over property owned by the CITY, and over property located within the CITY's corporate limits and not owned by any other Party. B. the SCHOOL DISTRICT shall retain primary jurisdiction, over property owned by the SCHOOL DISTRICT and located within the CITY. IV. Requests for Assistance and Response A responding party may assign its law enforcement officers to perform law enforcement duties outside the responding party's territorial limits, subject to the responding party's determination of availability of personnel and at the responding party's sole discretion as to participation, when: A. requested by the chief law enforcement officer, or his designee, of a requesting party; and B. the chief law enforcement officer, or his designee, of the responding party has determined, in his sole discretion, that the assignment is necessary to the providing of law enforcement services within the territorial limits of the requesting party for the purposes set forth at paragraph II above. The CITY reserves the right to retain the primary authority for its specialized police units, dispatched in response to incidents within the corporate limits of the CITY such as a missing child, sexual assault, kidnapping, armed barricaded subject, active shooter or sniper, riot, an incident involving fatalities or any other incident within the city limits for which the CITY believes the use of its specialized police services is reasonable and necessary. The ranking on -duty peace officer of each party present at the response location shall be deemed the authorizing official for that party. Any request for aid under this MOU shall include a statement of the amount and type of equipment and number of personnel requested, and shall specify the location to which the equipment and personnel are to be dispatched, but the amount and type of equipment and number of personnel to be furnished shall be finally determined by the responding party's chief law enforcement officer or his designee. Requests for aid shall be directed to the attention of the following named persons or officers of each respective party, or to such other persons or officers as a party may hereinafter designate: A. City of Lubbock: Request "Shift Commander," Lubbock Police Department, by dialing the City of Lubbock and Frenship Independent School District Memorandum of Understanding for Law Enforcement Services #524496 v5 Page 3 of 9 Communications Center: 775-2811. B. Frenship Independent School District: Request "Chief of Police," Frenship Independent School District Police Department, by dialing 866-4440. Law enforcement personnel of the responding party will be released by the requesting party when their services are no longer required as determined by the chief law enforcement officer, or his designee, of the requesting party. The chief law enforcement officer of the responding party, or his designee, in collaboration with the requesting party's chief law enforcement officer, may withdraw his personnel or equipment or discontinue participation in any activity initiated pursuant to this MOU, at any time. Such withdrawal should be made in such a way that it does not pose a threat to the safety or security of the location and/or situation. V. Status of Responding Peace Officers and Command Authority While any law enforcement officer regularly employed as such by a responding party is in the service of any requesting party, he shall at all times remain a peace officer of the responding party and shall be under the command of the responding party's chief law enforcement officer. VI. Service of Arrest and Search Warrants Whenever possible, a peace officer of a municipality should notify the police department of a school district before serving any arrest or search warrant on the property of a school district. A peace officer of a school district may accompany a peace officer of a municipality when the municipal peace officer is serving an arrest or search warrant on the property of a school district. VII. Responsibility for Completing Investigation The completion of any investigation upon termination of a response to request, or upon withdrawal from an initiated response, will remain under the jurisdiction and authority of the party having primary jurisdiction, unless otherwise agreed to by the parties. VIII. Dispatching Calls Between Police Departments The dispatcher of a party receiving or dispatching a call relating to the provision made for law enforcement services by this MOU will: A. Maintain a record of calls received, routed and dispatched to any other party to this MOU, which record shall be available to all parties upon request; B. When referring an emergency caller to a party under this MOU, the dispatcher City of Lubbock and Frenship Independent School District Memorandum of Understanding for Law Enforcement Services #524496 v5 Page 4 of 9 should advise the caller that the referral is being made and should remain on the line with the caller until a connection is made with the party referred to; and C. When dispatching a unit to another party's primary jurisdiction, the dispatcher should attempt to notify the dispatcher of the department for the other party as soon as possible. IX. No Waiver of Reimbursement for Services No party to this MOU waives the right granted by Section 362.003(c), Texas Local Government Code, to request reimbursement for services performed under this MOU. The governmental entity whose authorized official requested the services shall reimburse the governmental entity providing such services upon request, unless the responding entity had jurisdiction to perform the law enforcement services notwithstanding this MOU. X. Employee Compensation Unaffected Any law enforcement officer or other person who is assigned, designated, or ordered by the chief law enforcement officer of the party which regularly employs him, or his designee, to perform police or peace officer duties pursuant to this MOU, shall receive the same wage, salary, pension, and all other compensation and all other rights for such service, including injury or death benefits, and workers' compensation benefits, the same as though the service had been rendered within the limits of the party where he is regularly employed. Moreover, all wages and disability payments, including equipments and clothing, medical expenses, expenses of travel, food, and lodging, shall be paid by the party which regularly employs such person in the same manner as though the service had been rendered within the limits of the party where the person is regularly employed. XI. Civil Lawsuits and Retention of Benefits Related to Employee Status In the event that any person performing law enforcement, law enforcement services pursuant to this MOU shall be cited as a party to any civil lawsuit, state or federal, arising out of the performance of those services, he shall be entitled to the same benefits that he would be entitled to receive if such civil action has arisen out of the performance of his duties as a party of the department where he is regularly employed and in the jurisdiction of the party by which he is regularly employed. Nothing in this MOU is construed as creating any personal liability on the part of any employee, officer or agent of any public body that may be a party to this MOU. XII. Non -Waiver of Immunity It is expressly understood and agreed that, in the execution of this MOU, no Party waives nor shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against claims made by third parties and arising directly or indirectly out of the performance of this MOU. THE PARTIES RETAIN ALL GOVERNMENTAL IMMUNITIES. City of Lubbock and Frenship Independent School District Memorandum of Understanding for Law Enforcement Services #524496 v5 Page 5 of 9 XIII. Duration of MOU This MOU shall be effective for a period beginning on the date first written above and ending on September 30, 2012, and shall thereafter automatically renew for one year terms running from October 1 until September 30 of each year unless terminated in accordance with the terms and conditions of this MOU. XIV. Termination Any party to this MOU may terminate it, by giving the other parties thirty (30) days prior written notice of its intent to terminate the MOU, mailed by certified mail and addressed to the person or officer of each other party to this MOU designated herein for notice. XV. Performance of Services Law enforcement services, and all other services reasonably related thereto, which are provided under this MOU shall be performed in accordance with the standard operating procedures, rules, regulations, and ordinances of the department by which each such peace officer or employee providing such services is employed, and in conformity with the requirements and mandates of laws of the State of Texas and the United States. XVI. Release and Indemnification To the extent permitted by law each Party to this MOU expressly waives all claims against every other Party to this MOU for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this MOU, and shall, to the extent permitted by law, indemnify each other Party for any liability arising out of the acts or omissions of its own employees and officers. XVII. Waiver of Subrogation The Parties hereby release each other, and their respective officers, agents, and employees, from any and all liability to each other or anyone claiming through or under them by way of subrogation or otherwise for any loss, injury or damage caused by or resulting from risks insured against under any insurance policy maintained by the Parties. XVIII. Remedies No right or remedy granted herein or reserved to the Parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this MOU 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 City of Lubbock and Frenship Independent School District Memorandum of Understanding for Law Enforcement Services #524496 v5 Page 6 of 9 to this MOU. XIX. Severability If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this MOU, are for any reason held to be invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this MOU shall remain in full force and effect and shall in no way be affected, impaired or invalidated. XX. Applicable Law This MOU is entered into subject to and is to be construed, governed and enforced under all applicable State of Texas and federal law. XXI. Venue The Parties to this MOU agree and covenant that this MOU will be enforceable in Lubbock County, Texas; and that if legal action is necessary to enforce this MOU exclusive venue will be in Lubbock County, Texas. XXII. Notice Notice by any party to any other party hereto shall be in writing and shall be deemed to have been duly given only if delivered personally or sent by registered or certified mail, with proper postage attached addressed to the respective party as follows subject to change as the respective party may hereafter give notice to the other parties: For the CITY: Lee Ann Dumbauld, Lubbock City Manager P.O. Box 2000 Lubbock, Texas 79457 For the SCHOOL DISTRICT: Dr. David Vroonland Frenship Independent School District Superintendent P.O. Box 100 Wolfforth, TX 79382 XXIII. Public Information This MOU is public information. To the extent, if any, that any provision of this MOU is in conflict with Tex. Gov't. Code Ann. Chapter 552 et seq., as amended (the "Texas Public City of Lubbock and Frenship Independent School District Memorandum of Understanding for Law Enforcement Services #524496 v5 Page 7 of 9 Information Act") the same shall be of no force and effect. Each party agrees that it will notify the other party of any public information request which seeks disclosure of "law enforcement tactical information" and will assert a lawful objection or privilege to keep such information confidential. XXIV. No Joint Enterprise This MOU does not, is not intended to, and shall not be construed to, create any joint enterprise between or among the parties. XXV. Entire Understanding This MOU embodies the complete understanding of the parties hereto superseding all oral or written previous and contemporaneous agreements or understandings between the parties relating to matters herein; and, except as otherwise provided herein, must be modified in writing by the parties, unless the circumstances of a particular situation make such a written amendment impracticable, in which case, the ranking on -duty peace officer of each party present at the response location is authorized to deviate from this MOU as that officer, in his sole discretion, deems necessary and advisable. XXVI. Authorization The undersigned officers and agents are properly authorized to execute this MOU on behalf of the parties hereto and each party hereby certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this MOU as of the date first state above. CITY OF LUBBOCK, Texas /, , - w,,V, TOM ARTIN, Mayor ATTEST: "L4�3K: Rebe ca (Becky) Garza, City kLc2ytary APP OVED AS TQ CONTENT: RO R ELLIS, Chief of Police, Lubbock City of Lubbock and Frenship Independent School District Memorandum of Understanding for Law Enforcement Services #524496 v5 Page 8 of 9 ATTEST: AS TO CONTENT: U KAKDOT" erfy" ARRANAGA, F en,ship Chief of Police PPRO AS TO F RM: DAVID BACKUS, Attorney for SCHOOL DISTRICT QACCDOCSUNIOU.MOU with FISD PD 12.1.201 I.doc City of Lubbock and Frenship Independent School District Memorandum of Understanding for Law Enforcement Services #524496 v5 Page 9 of 9