HomeMy WebLinkAboutResolution 2022-047 RESOLUTION NO. 2022-047
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, APPROVING A
MEMORANDUM OF UNDERSTANDING WITH TARRANT
COUNTY COLLEGE DISTRICT FOR PURPOSE OF
ESTABLISHING A MUTUAL AID AGREEMENT FOR SHARED
LAW ENFORCEMENT SERVICES FOR THE TARRANT
COUNTY COLLEGE NORTHEAST CAMPUS.
WHEREAS, The City of North Richland Hills, Texas possesses legal authority to enter
into a Memorandum of Understanding with the Tarrant County College
District; and
WHEREAS, The City of North Richland Hills and Tarrant County College District desire
to provide law enforcement personnel and such available equipment or
facilities as may be requested for the investigation or suppression of
crime within the jurisdiction areas of Tarrant County College as its
Northeast Campus; and
WHEREAS, The City of North Richland Hills and Tarrant County College District shall
be responsible for all salaries, benefits, workers compensation and other
compensation, costs and expenses due and attributable to their own
personnel, equipment and facilities; and,
WHEREAS, The City Council of North Richland Hills finds it in the best interest of the
citizens of North Richland Hills that we request the attached agreement
be executed for the purpose of providing mutual aid; and,
NOW THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, THAT:
SECTION 1. The City Council of the City of North Richland Hills hereby finds that the
recitals set forth above are true and correct and are incorporated into this
Resolution as if written herein.
SECTION 2. The City Council of the City of North Richland Hills hereby approves the
attached Memorandum of Understanding with Tarrant County College
District for the purposes of establishing a mutual aid agreement for shared
law enforcement services for the Tarrant County Northeast campus.
SECTION 3. That this Resolution shall take effect and be in full force and effect from and
after the date of its adoption, and it is so resolved; and all Resolutions of
the City Council of the City in conflict herewith are hereby amended or
repealed to the extent of such conflict.
Resolution No 2022-047
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PASSED AND APPROVED on this 14th day of November, 2022.
CITY O RTH L HILLS
`�,`�``�►,►a►►��C9H`io�q%, BY
� Oscar T vino, ayor
ATTEST: '��-
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Alicia Richardson -Q•.
City Secretary/Chief Go Itr„n e.. +'. `er
APPROVED AS TO FORM AND LEGALITY:
aleshia B. Mc Innis, City Attorney
APPROVED AS TO CO T:
y Per e, Public Safety Director
Resolution No 2022-047
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?.ES
MEMORANDUM OF UNDERSTANDING
BETWEEN TARRANT COUNTY COLLEGE DISTRICT, on behalf of its POLICE DEPARTMENT
AND THE CITY OF NORTH RICHLAND HILLS, on behalf of its POLICE DEPARTMENT
THIS MEMORANDUM OF UNDERSTANDING ("AGREEMENT") is made and entered into by
and between TARRANT COUNTY COLLEGE DISTRICT (hereinafter, "TCC") on behalf of its Police
Department (hereinafter, "TCC PD") and the CITY OF NORTH RICHLAND HILLS on behalf of its Police
Department(hereinafter"NRH PD"), both parties being duly organized and existing under the laws of the State
of Texas, acting herein by and through their respective governing bodies.TCC PD and NRH PD may be
referred to herein individually as a"Party" and collectively as the "Parties".
RECITALS:
WHEREAS,the Texas State Legislature has authorized the formulation of interlocal cooperating
agreements between and among governmental entities; and
WHEREAS, this Agreement is made under the authority granted by and pursuant to Chapter 791 of the
Texas Government Code which authorizes the City of North Richland Hills and Tarrant County College
District to enter into this agreement for purposes of achieving mutual governmental functions; and
WHEREAS, TCC PD and NRH PD desire to enter into this Memorandum of Understanding wherein
the specialized equipment, facilities and trained law enforcement personnel of each Party is available for
assistance to the other Party on an as needed and as required basis.
IN CONSIDERATION OF THE AGREEMENTS SET FORTH HERIN, the parties agree:
1. MUTUAL AID. During the term of this Agreement,the Parties agree to provide,upon request of the TCC
Police Department to the North Richland Hills Police Department, such law enforcement personnel and
such available equipment or facilities as may be requested for the investigation or suppression of crime
within the jurisdictional areas of Tarrant County College at its Northeast Campus; provided, that the
requested personnel,equipment or facilities are not otherwise engaged or required by the North Richland
Department, as determined bythe Chief of Police, or designee, of the North Richland Hills
Hills Police
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Police Department. Requests for mutual aid made pursuant to this Agreement shall be made by and to the
respective Chief of Police, or designee, of the party to whom the request is made.
2. JURISDICTION. NRH PD will retain primary jurisdiction over non-TCC-owned property and streets
subject to such assistance as may be requested of TCC PD.
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3. COMMAND AUTHORITY. Because the parties hold concurrent jurisdiction and in the spirit of
cooperation and most efficient response and use of resources,the parties agree that TCC PD shall request
NRH PD assistance first in all incidents where aid is required. NRH PD shall respond to such requests
accordingly if the Chief of Police, or designee, deems reasonable. North Richland Hills Police Officers
will notify the TCC Police dispatcher prior to their presence at the scene, and upon arriving at the scene,
an NRH PD Incident Commander will notify and seek an update from the TCC PD's on-scene incident
commander. TCC PD and NRH PD will establish a Unified Command structure with TCC PD
maintaining overall command. In the event an incident requires a tactical unit or major case response,
including not limited to, an active shooter, homicide, kidnapping, suicide, death or serious bodily injury
the NRH PD Incident Commander will assume command of the scene until it is determined command can
be transferred back to TCC PD.
4. MEDIA. In the event where NRH PD is involved in a joint investigation with TCC PD regarding
incident(s) pertaining to students, district employees, crimes involving district property, the NRH PD
Public Information Office shall notify TCC PD's Public Information Office,prior to releasing information
to the media or public, in such joint cases where the investigation involves the mutual interests of both
NRH PD and TCC PD.
5. NRH PD ARRESTS AND SEARCHES ON TARRANT COUNTY COLLEGE PROPERTY. NRH PD
officers desiring to make a felony warrant arrest on TCC property shall contact the TCC PD to coordinate
warrant service on TCC property. A TCC PD officer shall accompany an NRH PD officer when executing
such a felony arrest warrant. No arrest will 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 TCC campus. When executing a
search warrant on TCC property, an officer of TCC PD will accompany NRH PD officers executing the
search warrant.
6. GANG UNIT AND TACTICAL INTELLIGENCE UNIT ASSISTANCE. NRH PD and TCC PD agree
to provide mutual Gang unit and Tactical Intelligence Unit assistance, as available, and share intelligence
information regarding campus crime. Each Party shall protect any information provided to it by the other
Party as it would protect its own information, as authorized by law.
7. EMPLOYMENT STATUS. While any law enforcement officer,who is regularly employed by NRH PD,
is assisting TCC PD pursuant to this Agreement,the officer shall continue to be an employee of the NRH
PD,with all 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 regularly employed shall constitute the officer's qualification for office in
such other jurisdiction, and no other oath, bond, or compensation need be made. Notwithstanding the
command structure contemplated by this Section 2, TCC PD and/or NRH PD shall remain responsible
and liable for the actions and inactions of its own employees.
8. EQUIPMENT AND FACILITIES. When requested to assist TCC PD, properly trained NRH PD
personnel shall have access to all equipment and facilities available for use by TCC PD.
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9. NOTIFICATION OF ARRESTS. A law enforcement officer assigned by NRH PD to assist TCC 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 TCC PD, as contemplated
by this Agreement. However, TCC PD shall be notified of any arrest made by NRH PD officers in its
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jurisdiction without delay. Peace officers employed by the parties to this Agreement shall have such
investigative law enforcement authority in TCC PD's jurisdiction to reasonably accomplish the purpose
for which the request for mutual aid assistance is made under this Agreement.
10. 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 TCC PD
hereunder, unless otherwise agreed in writing by the Parties on a case-by-case basis. NRH PD shall not
require reimbursement of any cost or expenses for personnel, equipment or facilities that are made
available to TCC PD hereunder,unless otherwise agreed in writing by the Parties on a case-by-case basis.
11. TERM. The 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) day's written notice to the other Party. This
Agreement will thereafter automatically renew from year to year unless terminated in accordance with
this Agreement or unless otherwise agreed to by the Parties.
12. IMMUNITY. 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.
13. PERFORMANCE OF SERVICES. Police services, and all other services reasonably related thereto,
under this 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
employed,in conformity with the requirements and mandates of laws of the State of Texas and the United
States.
14. REMEDIES. 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.
15. 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.
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16. ENTIRE AGREEMENT. This Agreement embodies the complete agreement of the parties hereto
superseding all oral or written previous 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.
17. 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. This provision shall
not,under any circumstances, be applied to the waiver provisions contained in Section 10 hereinabove so
as to allow any party to request and receive reimbursement for services performed under this Agreement.
18. FORCE MAJEURE. NRH PD and TCC shall exercise their best efforts to meet their respective duties
and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in
performance due to force majeure or other causes beyond their reasonable control (force majeure),
including,but not limited to, compliance with any government law, ordinance or regulation, acts of God,
acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics, pandemics, wars, riots,
material or labor restrictions by any governmental authority, transportation problems and/or any other
similar causes.
19. NOTICE. Any notice,demand or request required or permitted to be delivered hereunder shall be deemed
received when delivered in person or sent by United States mail,postage prepaid,certified mail,addressed
to the Party at the address set below:
To Tarrant County College: Susan Alanis, Chief Operating Officer
Tarrant County College
300 Trinity Campus Circle
Fort Worth, Texas 76102
To the City of North Richland Hills: Chief Jimmy Perdue
North Richland Hills Police Department
4301 City Point Drive
North Richland Hills, Texas 76180
20. 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 extending such authority have been duly passed and are now in full force and effect.
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FOR TARRANT COUNTY COLLEGE
Signature: l/ PM/
Dr. Elva LeBlanc, Chancellor
Date: / r !l l 2a
Recommended by: G` /fre/
Chief Shaun Williams
APPROVED AS TO FORM AND LEGALITY: CrA/tL..Z.-
Carol Bracken, Associate General Counsel
FOR CITY OF NORTH RICHLAND HILLS
Signature:
RECOMMENDED:
Date: By:
�� liiity_n,/,,, �r i erdue, Chief of Police
`
ATTEST: • APPROVED AS TO ORM:
&' h 7
Alicia Richardson, City Secr 7 "��'• �,�a��° Maleshia B. McGinnis, City Attorney
Chief Governance Officer �`
114 RH Counal AdionDate Approved M�
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