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
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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
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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
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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
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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
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