22-R-20 - MOU with 502 Air Base Wing and Schertz Police DepartmentRESOLUTION NO. 22 -R -20
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER
INTO A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN
THE 502 AIR BASE WING AND THE SCHERTZ POLICE
DEPARTMENT FOR LAW ENFORCEMENT RESPONSE ASSISTANCE
AND INFORMATION SHARING.
WHEREAS, the Schertz Police Department seeks to work cooperatively with the 502 Air
Base Wing, Joint Base San Antonio, in law Enforcement Response Assistance and Information
sharing; and
WHEREAS, the MOU provides documentation for interoperability support between the
502 Air Base Wing and Schertz Police Department to outline response procedures; and
WHEREAS. Primarily, this MOU is intended to formalize the provision of law
enforcement mutual aid; and information sharing concerning known or potential criminal
activities targeting JBSA facilities, personnel or missions.; and
WHEREAS, To facilitate technology upgrades for information sharing between 502 Air
Base Wing and the Schertz Police Department, agencies agree to use existing resources to
incorporate radio communications interoperability as outlined in the Texas Statewide
Interoperability Channel Plan (TSICP); and
WHEREAS, the City Council has determined that it is in the best interest of the City to
enter into this Memorandum of Understanding with the 502 Air Base Wing, pursuant to the
Memorandum of Understanding attached hereto as Exhibit A (the "Supporting Documentation ").
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the City Manager to enter into this
Memorandum of Understanding with the 502 Air Base Wing.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 22nd day of February, 2022.
CITY OF SCHERTZ, TEXAS
"ali G errez, Mayor
EXHIBIT A
AGREEMENT
50234811.1 A -1
MEMORANDUM OF UNDERSTANDING BETWEEN
502 AIR BASE WING
AND
SCHERTZ POLICE DEPARTMENT
FOR
LAW ENFORCEMENT RESPONSE ASSISTANCE AND INFORMATION SHARING
1. PURPOSE: This Memorandum of Understanding (MOU) outlines cooperation between
the 502d Air Base Wing (502 ABW), Joint Base San Antonio (JBSA), Texas and Schertz
Police Department (SPD). For purposes of this MOU, key organizations within the 502
ABW include the 502d Security Forces Group (502 SFG) and subordinate squadrons
consisting of 502d Security Forces Squadron (502 SFS) at JBSA -Fort Sam Houston, 802d
Security Forces Squadron (802 SFS) at JBSA- Lackland, and 902d Security Forces
Squadron (902 SFS) at JBSA - Randolph. 502 SFG is the lead Security Forces unit
responsible for coordination with SPD and references shall hereafter include 502 SFS, 802
SFS and 902 SFS as subordinate squadrons. Primarily, this MOU is intended to formalize
the provision of law enforcement mutual aid; and information sharing concerning known or
potential criminal activities targeting JBSA facilities, personnel or missions.
2. GENERAL: This MOU does not create additional jurisdiction or limit or modify existing
jurisdiction vested in the parties. This MOU is only intended to provide guidance and
document an agreement for general support between 502 ABW and all of its operating
locations and SPD.
2.1. This MOU provides documentation for interoperability support between the
502 ABW and SPD to outline response procedures for 502 SFG and SPD.
2.2. 502 SFG and SPD will meet as needed to review current trends and to discuss
matters related to this agreement or to provide familiarization between units.
2.3. All operating locations within the 502 ABW contain property which is federal
exclusive, concurrent or proprietary jurisdiction.
2.4. This agreement will be updated or revised as needed. At a minimum, this MOU
will be reviewed every three years by both parties.
2.5. Although the 902 SFS at JBSA - Randolph is the primary installation in the
jurisdictional footprint of SPD, JBSA is a single installation and the sharing of
information between adjacent jurisdictions and all Security Forces units within 502 SFG
is essential for establishing a common operating picture of known or potential criminal
activities in and around JBSA.
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2.6. To facilitate technology upgrades for information sharing between 502 SFG
and SPD, agencies agree to use existing resources to incorporate radio
communications interoperability as outlined in the Texas Statewide Interoperability
Channel Plan (TSICP).
3. UNDERSTANDING OF THE PARTIES:
3.1. PERSONNEL: Each Party is responsible for all salaries, benefits, costs
and expenses due and attributable to that Party's own personnel, equipment and
facilities that are assigned and made available to a Requesting Party hereunder.
3.1.1. SUPERVISION AND CONTROL. When providing assistance under
the terms of this Agreement, the personnel, equipment, and resources of any
Assisting Party will be under the operational control of the Requesting Party, the
response effort to which shall be organized and functioning in accordance with the
guidelines outlined by the Requesting Party. Direct supervision and control of
personnel, equipment and resources and personnel accountability shall remain
with the designated supervisory personnel of the Assisting Party. The designated
supervisory personnel of the Assisting Party shall (i) maintain daily personnel time
records, material records, and a log of equipment hours; (ii) be responsible for the
operation and maintenance of the equipment and other resources furnished by the
Assisting Party; and (iii) report work progress to the Requesting Party. The
Assisting Party's personnel and other resources shall remain subject to recall by
the Assisting Party at any time, subject to reasonable notice to the Requesting
Party.
3.2. 502 ABW will not expend any additional funds in support of this MOU.
3.3. SPD will not expend any additional funds in support of this MOU.
3.4. LOGISTICAL SUPPORT:
3.4.1. PLANS: There will be no additional plans to accompany this MOU.
3.4.2. MAINTENANCE: Each Party will be responsible for maintenance of
their equipment.
3.4.3. SUPPLY: Each Party will be responsible for any supplies they may
require.
3.4.4. TRANSPORTATION: Each Party will be responsible
for their own transportation.
3.4.5. CONTRACTING: There will be no contracting support
required for this MOU.
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3.5 OPERATIONAL SUPPORT:
3.5.1. SPD agrees to notify 502 SFG whenever information of a criminal
nature or of intelligence value is developed that could affect any mission or personnel
within JBSA. 502 SFG agrees to protect information received from SPD in accordance
with established Department of Defense (DOD) policy and guidance or as required by SPD
policy and guidance to prevent the compromise of ongoing investigations or operations.
3.5.2. SPD agrees to assist 502 SFG upon request, by deploying SPD
personnel or other available department assets as deemed appropriate by SPD during
critical incidents requiring immediate law enforcement support, aiding in criminal
investigations, assisting in traffic control, and sharing information.
3.5.2.1. When contacted by a Requesting Party, a Point of Contact of
the Party from which aid is requested agrees to assess local resources to determine
availability of personnel, equipment and other assistance based on current or anticipated
needs. All Parties shall render assistance to the extent personnel, equipment and resources
are deemed available. No Party shall be required to provide Mutual Aid unless it
determines in its sole discretion that it has sufficient resources to do so based on current or
anticipated events within its own jurisdiction.
3.5.3. SPD agrees to assist 502 SFG investigators, upon request, for the
purpose of acting as a liaison to the off -base community for conducting investigations.
This could also include assistance in serving warrants and subpoenas.
3.5.4. SPD agrees to support 502 SFG, upon request, with traffic and crowd
control support in areas immediately adjacent to JBSA installations during major events
such as demonstration, critical incidents, or other events which may impact city traffic
flow.
3.5.5. 502 SFG agrees to support SPD by staffing the Southwest Texas Fusion
Center (SWTFC) with Security Forces (SF) Intelligence and Investigation personnel.
Routine staffing will be supplemented during major events, critical incidents, or other
instances which may increase vulnerability or threats to the City of Schertz or JBSA.
3.5.6. 502 SFG and SPD agree to share information relative to Community
Policing and Crime Prevention. All parties agree to support policing activities with
manning assistance when possible for events including, but not limited to, National
Night Out, National Police Week, Crime Prevention, and other events.
3.5.7. 502 SFG agrees to support SPD with SF patrol escorts when service
of process becomes necessary within JBSA by designating the Visitor Control Center
(VCC) as the primary location for service of process pursuant to 32 CFR §720.20, and
will follow 502 ABW policy and guidance.
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3.5.8. Upon request, 502 SFG agrees to provide SPD with basic military
training support focused on interoperability. This includes basic military skills such as
basic marksmanship, patrolling, mission planning, medical, and survival but does not
include advanced military training prohibited by DoDI 3025.21. Training will be
coordinated and agreed upon in advance by all parties involved. JBSA mission
requirements will take precedence over all other training.
3.5.9. Mission permitting, 502 ABW agrees to invite SPD to participate in
major exercises in which actual occurrences may require unified command components
(e.g. active attacker, aircraft crash, or mass casualty incident).
3.5.10. 502 SFG agrees to appoint an SF representative from Security
Forces Intelligence and Investigations (S2) functions as a single focal point for SPD and
502 SFG coordination. Representatives will liaise with SPD consistent with the
information sharing purpose of this MOU.
4. COMMAND AND CONTROL:
4.1. 502 ABW and SPD agree to organize under the Incident Command System as a
Unified Command during critical incidents involving shared jurisdiction or responsibility.
4.2. 502 ABW shall maintain Incident Command and overall management responsibility
for all incidents within JBSA jurisdiction. The 502 ABW Incident Commander (IC) shall
have command and control of the incident and all responders to ensure common goals and
objectives, joint planning, integrated tactical operations, maximizing all resources under a
Unified Command response structure.
4.3. SPD agrees, when providing personnel to support an incident within JBSA
jurisdiction, to provide a representative to assist the 502 ABW IC at the Incident Command
Post. The representative will serve as the Liaison Officer between SPD and the 502 ABW
IC. The Liaison Officer will inform the 502 ABW IC of the capabilities and/or limitations
of all assisting and responding SPD resources.
5. INTERAGENCY RADIO FREQUENCY USE AGREEMENT:
5.1. Agreement between SPD and 502 ABW to support joint operations or mutual aid
communications interoperability capabilities through compliance with the Texas Statewide
Interoperability Channel Plan (TSICP).
5.2. This agreement is executed to comply with Section 2.103 and 90.421 of the Federal
Communications Commission (FCC) Rules and Regulations and Chapter 8.3.3 of the
NTIA Manual of Regulations and Procedures for Federal Radio Frequency Management.
It provides for joint operations of non - government frequencies on a planned or scheduled
basis in accordance with the following stipulations:
Page 4 of 7
5.2.1. 502 ABW will submit a copy of this agreement to 502
Communications Squadron Base Spectrum Management Office who will submit radio
frequency authorization (RFA) to the National Telecommunications and Information
Administration (NTIA).
5.2.1.1. Federal government use of interoperability radio frequencies
will be in accordance with the following directives, in order of precedence: (1) National
Telecommunications and Information Administration (NTIA) Manual of Regulations and
Procedures for Federal Radio Frequency Management; (2) National Interoperability Field
Operations Guide (NIFOG); and (3) Texas Statewide Interoperability Channel Plan ( TSICP).
5.2.1.2. Authorization for "Federal Government" use of civil "Non-
Military" radio frequencies is dependent on meeting the following conditions: (1) Provide 502
CS /Joint Base San Antonio Spectrum Management Office (JBSA SMO) a copy of the signed
"finalized" MOU(s) via 502 CS /SCXP (CS FAAC); and (2) JBSA SMO receives NTIA
approved Radio Frequency Authorizations (RFAs).
5.2.2. Use of TSICP interoperability frequencies is restricted to
interoperability communications between SPD and 502 ABW for the purposes of mutual
aid, law enforcement operations, and emergency management.
5.2.3. These frequencies are limited to use within the area of Schertz and
JBSA installations. Frequency control is maintained by the owner /user for the radio
network being used. Command and Control will be based upon the jurisdictional location
in which the radio frequencies are being used for interagency communications.
5.2.4. Section 5 "INTERAGENCY RADIO FREQUENCY USE
AGREEMENT" within this agreement it will be reviewed at least every five years to
validate continued operational requirements.
5.2.5. 502 ABW has an agreement with the Southwest Texas Regional
Advisory Council (STRAC) to provide frequency merging capability during public safety
mutual aid operations.
6. CONTACT INFORMATION & CORRESPONDENCE:
6.1. The 502 SFS Emergency Control Center (ECC) is located at 2404 N. New
Braunfels, JBSA -Fort Sam Houston. The non - emergency number is (210) 221 -2222.
6.2. The 802 SFS ECC is located at 223rd Ave., Building 1030, JBSA - Lackland. The
non - emergency number is (210) 671 -2018.
6.3. The 902 SFS ECC is located at 925 3rd St. West, JBSA- Randolph. The non-
emergency number is 210 - 652 -5700.
Page 5 of 7
6.4. Key Stakeholder Contact Information:
6.4.1. 502 SFG: Commander, 502 SFG, 1 Washington Circle, Suite 2,
JBSA- Randolph, TX 78150, 210 - 652 -1205.
6.4.2. Schertz Police Department: Chief of Police, 1400 Schertz
Parkway, #6, Schertz, TX 78154
7.0 AGREEMENT AND ADMINISTRATION: If either party requests termination of this
agreement, it will be terminated 30 days after that party provides written notification of
termination to the other party.
7.1. FUNDS AND MANPOWER: This MOU does not document nor provide for the
exchange of funds or manpower between the Parties nor does it make any commitment of
funds or resources.
7.2. MODIFICATION OF MOU: This MOU may only be modified by the written
agreement of the Parties, duly signed by their authorized representatives. This MOU will
be reviewed annually on or around the anniversary of its effective date, and triennially in its
entirety.
7.3. DISPUTES: Any disputes relating to this MOU will, subject to any applicable law,
Executive order, directive, or instruction, be resolved by consultation between the Parties
or in accordance with DoDI 4000.19.
7.4. TRANSFERABILITY: This MOU is not transferable except with the written
consent of the Parties.
7.5. ENTIRE UNDERSTANDING: It is expressly understood and agreed that this MOU
embodies the entire understanding between the Parties regarding the MOU's subject matter.
7.6. EFFECTIVE DATE: This MOU takes effect beginning on the day after the last
party signs.
7.7. EXPIRATION DATE: This MOU expires nine years from the effective date.
Page 6 of 7
APPROVED:
FOR 502 ABW
MILLER.CAROLIN Rtl£1E&vea6g� ,,1155078711
E.M.1155078711 Date: 2022.01.2716:11:25. 06'00'
CAROLINE M. MILLER
Brigadier General, USAF
Commander
FOR SPD
DR. MARK BROWNE
City Manager, City of Schertz
Date Date
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