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HomeMy WebLinkAboutC2011-035 - 1/25/2011 - NADEPARTMENT OF VETERANS AFFAIRS VA TEXAS VALLEY COASTAL BEND HEALTH CARE SYSTEM HARLINGEN, TEXAS 78550 In Reply Refer To: 001/07B November 8, 2010 Chief Troy Riggs Corpus Christi Police Department 321 John Sartain Corpus Christi, Texas 78401 SUBJ: Memorandum of Understanding (MOU) for Mutual Assistance I have attached a Memorandum of Understanding between the Department of Veterans Affairs and the Corpus Christi Police Department for your review. If you have any changes or need to discuss the attached MOU, feel free to contact me at (956) 430 -9310, M -F 0800 -1630, by cell at (210) 365 -8309, or by a -mail at terry.wallace @va.gov. Thank you for your support. Sincerely, RY JAY WALLACE SR. Chief, Police Service Dept. of Veterans Affairs 2011 -035 01125111)10 } Page 1 INDEXED MEMORANDUM OF UNDERSTANDING FOR MUTUAL ASSISTANCE BETWEEN U.S. DEPARTMENT OF VETERANS AFFAIRS POLICE AND CORPUS CHRISTI POLICE DEPARTMENT THIS Memorandum of Understanding ( "MOU ") is entered into and between the U.S. Department of Veterans Affairs Police for the VA Texas Valley Coastal Bend Health Care System ( "VATVCBHCSNA PoIce "), and the City of Corpus Christi for the Corpus Christi Police Department, ("City/CCPD"), a home rule municipal corporation of the State of Texas, as contracting parties ("Party/Parties"), to be effective upon the execution by all Parties. I. RECITALS WHEREAS, Section 901 -902 of Title 38 United States Code (USC) has vested the U.S. Secretary, Department of Veterans affairs (VA) with the authority to appoint police officers to enforce acts in violation of the federal laws and/or the rules prescribed under Section 901 of Title 38 USC, occurring on the Department's property. WHEREAS, the authority to appoint police officers has been delegated to the. Director of the VA Texas Valley Coastal Bend Health Care System (VATVCBHCS), 2701 S. 77 Sunshine Strip, Harlingen, Texas 78550. WHEREAS, the Corpus Christi Outpatient Clinic (CCOPC) is located at 5283 OId Brownsville Road, Corpus Christi, Texas. WHEREAS, the U.S. Department of Veterans Affairs Police (VA Police) acknowledges that it is mutually advantageous to the CCOPC and the Corpus Christi Police Department (CCPD) to enter into an agreement pertaining to VA property located within the city of Corpus Christi. WHEREAS, the City of Corpus Christi is the governmental entity with territorial jurisdiction over the Corpus Christi Outpatient Clinic (CCOPC) at 5283 OId Brownsville Road, Corpus Christi, Texas. As such the Corpus Christi Police Department (CCPD) provides local law enforcement services to the CCOPC. WHEREAS, with respect to all VA Property in Corpus Christi, Texas, the jurisdiction is "Proprietorial ". In proprietorial jurisdiction, the VA Police officers are authorized to arrest solely for federal offenses and violations of the VA Rules & Regulations. The term "proprietorial" is applied in those instances where in the federal government has acquired some right or title to an area in a state, but has not obtained any measure of the state's authority over the area. Therefore, the State of Texas, County of Nueces, and the City of Corpus Christi has sole criminal jurisdiction except for violations of federal laws and VA regulations and rules. NOW THEREFORE. the VA Police and CCPD agree as follows: UPDATED DECEMBER 2010 Page 2 II. SCOPE OF SERVICES DEPARTMENT OF VETERANS AFFAIRS POLICE (VA POLICE):. A. Ensure that Veterans Affairs (VA) Police officers perform their law enforcement, security, and crime prevention duties in an effort to prevent the occurrence of crime and to provide a safe environment at VA facilities 1) VA Police officers may arrest a person in the execution of a federal arrest warrant issued by federal judicial authority. 2) In the absence of an arrest warrant, a VA Police officer may arrest only when: a. A felony is committed in his /her presence or he/she has probable cause to believe that a felony has been committed and the person he /she intends to . arrest committed the offense. b. The offense is a misdemeanor and is committed in the presence of the officer. B. The VA Police will contact the CCPD dispatcher when back -up assistance is needed due to an emergency situation that warrants CCPD assistance. C. Provide assistance to CCPD officers responding on VA Property on official business. Although VA Police officers may not enforce or serve warrants issued by non - federal judicial officials, they may assist CCPD officers in locating individuals and obtaining the necessary clearance for serving such warrants and /or conducting investigations. CORPUS CHRISTI POLICE DEPARTMENT (CCPD): A. Respond to requests for emergency back -up assistance at VA facilities. Investigative authority lies with the VA Police. VA staff will make these requests by calling the CCPD dispatcher. B. CCPD Police officers are authorized to come on VA facilities and premises at any time in the performance of their lawful duties; however, before conducting their business, they will check in with the VA Police (at that facility) who will provide full cooperation. Any CCPD officer or employee who is charged with serving notice, summons, subpoena or warrant on VA's patient and employee at VA facilities or premises is required to contact the VA Police for coordination prior to serving the document. C. If a CCPD officer enters the VA facility for any purpose other than in the performance of an official duty, he /she will abide by the hospital rule of checking his /her firearm with the VA Police until his /her departure. UPDATED DECEMBER 2010 III. AMENDMENTS /MODIFICATION Periodic meeting between the undersigned their successors or designees, may be conducted for the purpose of reviewing and discussing mutual law enforcement problems or modification to this agreement. Unless otherwise provided herein, this agreement may be amended or modified only by written instrument duly executed by each Party. IV.- TERMS OF AGREEMENT The initial term of this agreement is for a period of one (1) year, effective for all purposes upon the execution by all Parties, and automatically renews, unless a thirty (30) days written notice of termination is provided by one of the Parties. V. NOTICE All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third (3r) day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other Party at the address prescribed below, or at such other address as the receiving Party may have prescribed by notice to the sending Party. Notice of termination must be sent to: Chief of Police U.S. Department of Veterans Affairs Police Texas Valley Coastal Bend HCS 2701 S. 77 Sunshine Strip Harlingen, Texas 78550 or Chief of Police Corpus • Christi Police Department 321 John Sartain P.O. Box 9016 Corpus Christi, Texas 78469 VI. REVENUES /FUND Each Party which performs services under this agreement will do so with funds available from its current revenues. VII. CONFIDENTIALITY To the extent not inconsistent with applicable state and federal law, the terms of this agreement and any confidential information disclosed in connection with this UPDATED DECEMBER 2010 Page 4 agreement, including during any negotiations or any mediation related to such negotiations or the agreement, any proprietary, non- public information, including, but not limited to, law enforcement strategies, tactics, techniques, or operations used or performed by the VA Police or CCPD must be kept confidential by the VA Police and CCPD, its employees, agents, officers, and attorneys. VIII. LIABILITY Each Party to this agreement will be responsible for its own action in providing services and shall not be liable to the other Party for any civil liability that may arise from its participation or furnishing of services under this agreement. Neither Party shall be responsible to the other for personal injuries, losses, claims, or demands caused by the acts or omissions, if any, of such Party or its agents, employees, or officers. CCPD liability, if any, shall be that prescribed by the laws of the State of Texas, and the Texas Tort Claims Act, IX. DISPUTES Any disputes arise from performing any provisions of this agreement shall be resolved through the Party's respective chain of command, X. MAP VA Police will provide CCPD with an updated map of the VA facilities or premises for its use in emergency response.. XI. ENTIRE AGREEMENT This agreement constitutes the sole and only agreement between the Parties and supersedes any prior understandings, written or oral agreements, . between the Parties with respect to this subject matter. XI1. SEVERABILITY In the event any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not effect any other provisions, provided that such invalidity, illegality or unenforceability does not materially prejudice either VA Police or CCPD in their respective rights and obligations contained in the valid terms or conditions hereof. XIII. NO WAIVER OF IMMUNITY No Party hereto waives or relinquishes any governmental, official, or other immunity or defense on behalf of itself, its officers, employees, and agents as a result of its execution of this Agreement and performance of the covenants contained herein. UPDATED DECEMBER 2010 Page 5 XIV. NO THIRD PARTIES BENEFIT This agreement and all activities under this agreement are solely for the benefit of the Parties and not the benefit of any third party. XV. REQUESTS FOR INFORMATION A Party may request information regarding an individual or an investigation arising out of the mutual assistance by sending a written request to the other Party. The responding Party will provide the requesting Party with the requested information unless its release is prohibited by law. The receiving law enforcement agency may disclose the information only in accordance with statute and in a manner that is consistent with the authorized purpose for which the recipient received the information. The Parties mutually acknowledge that VA Police and CCPD are both considered law enforcement agencies for purposes of confidentiality statutes. In the event either Party receives a request for confidential information through a Freedom of Information Act or Public Information Act request, discovery request, subpoena, or other attempt to compel the . production of information, it will notify the other Party of the request. The Parties agree to cooperate and coordinate any responses for the disclosure of confidential information. If, after receiving a request for information, a Party determines that it is prohibited from releasing the requested information, that Party shall inform the requesting Party of its determination in writing within ten (10) working days of receiving the request. This agreement is executed by the Parties in their capacities as stated below. VATVCBHCS efry Jay Wallace, Sr. Chief of Police Corpus Christi Police Department a/1 Are'( I;. Escobar ( ate) City Manager Troy Riggs Chief of Police Approved as to form: T. Trisha Dang Assistant City. Attorney For City Attorney X4311 (Date) (Date) UPDATED DECEMBER 2010 Page 6