HomeMy WebLinkAboutContract 37814ly SECRETARY
INTEIZLVk.AL A{IRELIVIV,NT MK SVLAHJOL SE+CI F al I V SERVIC S
KELLIIaM ilI�tDEPEAINIyrall A SCii(}()L D.1STRIC
l his arrcenaent {"Agreerrnt"} is made and entered Mto hetWcen the Caty of Fort Warth.
a home mile municipal corporation of the State of Texas ("City"), acting by and through Joe
Pan ag a, its duly authorized First Assistant City Manager, and the Keller Independent School
District, a political subdivision of the State of Texas located in Tarrant C'ottnty and a let==ally
constituted Independent School District ("District"i, acting by and through its Board of Trustees,
REC I'I`AI:
'Ibis Agreet�ent is t�-►a�ie under the a�.�ht.�rityrantet� tc3 the City° anti tht i�ist�•ict t�r�ar�t
to the Texas Government Cade, Chapter 791, known as the INTIiRI.,0C,A.L COOPERATION
ION'
AC"I'.
'N��I:��S, -the citizens of Fort Vv�orth and C:'ty's C,�ty, C.",council l�a�°e t1�tc�rrnraeti that ti��
security of students is paramount; and
"1-If;KFAS District �,1shcs to }?articiirate. in C'ity's Sclic�c>I �seerit�° Irtitiat�;•t~ l�rt3gran�
through which City provides school security to participating, school districts with facilities within
the City's city limits using City's police officers
1�'I-i.R�;A City tias receive� funds thc•ottgh the Fri V�'�rtii C'ritt�t€: C't�ntrt>l anci
Prevention District to assist in funding the School Security Initiative Program; and
M
DW, 'i"I-II:DfFCJRI:✓, in et�rtsidt�ration ta:f the r1��ttt�al covenants, prc�t�tises and agzeen�nts
herein expressed, the parties agree as folloNk
commander of
Citv's School Security Initiati�t; l'rt�gt°arrt and ita
et�njurtetic�n with District personnel, shall assign police offict"rs tt> specific scl�c�ols ��Yitlain thy:
District to provide school security. Assigned officers shall work directly Nvith the District's school
principals. Assigned officers small: have the School Security Initiative Program as their primary
duty, and will not be regularly assigned additional police duties C:;ity reserves the right, however;
to reassign any or all officers temporarily in the event of any emergency or when other
circ umstances require all enhanced police presence elsewhere in the City and school is not in
session. City shall coordinate assignment and duty hours with District If necessary to handle
unplanned absences at schools. officers from units zither than the School security Initiative
Prograin may be assigned temporarily to provide coverage. City Shall not provide replacements
for officers who are off' of work due to occupational injury and the Contract Amount shall not be
°educed or amended flue to such absence unless agreed by loth patties in writing. Replacement
CITY Z L�4_.
FT* Vs;i
pincers, when available, will be assigned to District when the assigned police officer"s absence is
tear an extended period of time.
i
C'.ity shall prtavide to the offacers assi#;ned to the School Security initiative 1'roagram al the
laaw enforcement training and certification. vehicles and polite equipment. benefits, and insurance
(including liability :average) provided to all City': police officers assigned to the School Security
Initiative Program, District shall provide any radio equipment necessary to allow the assigned
)Ricers to cot iniun t:aate with district staff,
'1'he l�`ort 'earth Pt�lice f)epaatrtaent shall anain#lair# �.mergency respoaase playas liar- � v-et-�
school within their jurisdiction. 1"hese, plans shall be kept confidential within the Fort Worth
Police Department for security- purposes, but meetings shall be held with authora7ed
r•eprosentatives of District to provide relevant inforination and excerpts from the plan necessary
or implementation, C ity's Chief" of Police shall designate a commander to be responsible for
rnairatenance and dissemination of these plans.
. i�1L?1bi131`:'I2 CiF P`t)�ICE C)11+'iCR
l�istric:t covenants end agrees to fully cooperate with the City° of Dort %'cartl-t in thy;
implementation of the School Security lnitlative Program within the ;schools of the District.
During the term of this Agreement there shall be five (5) City police officers assigned to the
District for the School Security Initiative Program, In addition. there shall be one (1") corporal,
five (5) sergeants, three (3) relief police officers and one (1) lieutenant nt assigned to the School
iccurity Initiative Program which shall be commanded by the police lieutenant. additional
officers will not be provided District during the current school year contract. The District is
required to submit a written request for additional Police Officers, to City. raise months prier to
the star of ' a :new school year (the end of the mouth of January).
leis#riot shall Iaay to i�'i#y 89.00 ("Contract Axnnunt") Elroy i�`ity's proavision o#-scc�:a#•ity
t;e�•v-ic°cs tresta�,h rr chcar�l ectar#yF (nitiative.?rta�rarra. �ucli C'c�zatrac;t ='�rric�aant �; l�asea-1 a.�pc�tt
fired expenditures for personnel costs of police officers assigned to the School Security Initiative
Program. The Contract amount represents 50% of all personnel coasts incurred by the City for the
police officers assigned to the School Security Initiative Project, including Base; Pray. Salary
Increases, Overtime, Longevity Pay, Incentive Pay, Acting Officer Pay, Bilingual Paayr, FLSA,
'Court Attendance Costs, Medicare, Workers Compensation Insurance. Group Health Insurance,
and Retirement, The contract amount also represents an apportioned; share of 1 Cli)% of the
personnel costs of police command staff that, are assigned to the School Security Initiative
I'rograart- The full personnel cost. -For the command staff is shared by: all participating school
districts, and the participating school districts pay a prorated amount of the command staff
personnel cost based on the number of School Security Initiative Program officers assigned to
`
each participating school district; be personnel costs incurred by the City in this; project liar the
ormraand staff include Base Pays, Salary Increases, Overtime. Longevity Pay, Incentive Parr,
:Ncting Officer Pay, ;Bilingual Pay, FI.,S , Court Attendance Costs, Medicare, Workers
Compensation Insurance, Group health insurance, and Retirement., In addition, the contract
amount includes an apportioned share of'the patrol vehicles' administrative operating fee assigned
to the School' Security Initiative Program prorated to each participating school district.
It is ttrrdersttrc>d Arid abreed tftat District shall remit funds to tlae C"ity Within :fit.) calendar
drays following receipt of an official invoice, Invoices shall be provided on a monthly basis.
"l'he term t:>f` this t�reemetat is for a period begirarrinl; on t)ctober- I. �i){J, rand ending crn
September 0.2009.
It is c.spressly' understood and ca�;reed by and btweert thcx parties, hereto that dais
Agreement is wholly conditioned_ upon the actual receipt by City of funds from the Fart Worth
Crime Control and Prevention District and that if such funds from the Fora Worth Crime Control
sand Prevention District are not timely forthcoming, in whole or in part., City may, at its pole
discretion, terminate this Agreement. City and District shall snake all payments under this
rkgreement from current revenues available to the paying party:.
Q
. 'T'nl'�llIlY��°p1�31�i
�l"his Agree�,a�::nt may be terminated by dither party hereto. ira avkrole or in part, at sanvtrace
arad isar rry reason, Upon written notice to the other party. Such written notice shall specify to
what extent the work under the Agreement is being terminated ;and the effective date of the
termination. Within thirty (30) days after the effective date of such termination, City shall forward
to District a final invoice for the appropriately prorated unpaid balance due on the Contract
.%anount for services rendered and District shall remit payment in furl within sixty () days after
the date; of'such invoice.
i�yistr•ict :and C°ity covenant rand agree that. in the event either party fails tc� cc��aaply�� it:h, or
hreAaches, any of`the terrras car provisions odaisreement, ezach party shall provide urittcra notice
to the other as soon as reasonably possible after the non -breaching party becomes aware of the
fiailure to comply or breach of contract. In the event that the breaching party fails to cure or
,orrec;t such breaches within a reasonable time following the receipt of.notice, otice, such reasonable
ti ne not toexceed 15 days, the non -breaching; party shall have the right to declare this sad eetraent
iininediately terminated, and neither party shall have further responsibility or liability hereunder~.
flm IVii�l�i�TCRI
Strict covenants and agrees to fully cooperate with City in monitoring theeffectiveness
e)f the services and work to be performed with the District tinder this Agreement, and City shall
have access at all seasonable hours to offices and records' of the District. its officers. members,
agents, employees, and subcontractors for the purpose of such monitoring. such access being
subject to the limitations and requirements tinder the Texas public lr t'ormation Act and the
l anr'ly l"ducatioDal Rights and Privacy Act (FERPA)'.
District shall operate hereunder as an independent contractor arad not as ar3 officer. I �tgint,
servant or employee of City. District shall be solely responsible for the acts and ornissions of its
officers; members, agents. servants, and employees, City shall operate hereunder as an.
independent contractor and not as an officer, agent, servant or employee of the District. City shalll.
be solely responsible for the acts and omissions of its officers, members, agents, servants; and
employees. Nothing in this agreement shall waive anystatutory or crsrt mon• la N, m7t� unitv or
defense of City or District. Neither City nor Districtshall be responsible tinder the Doctrine of
Respondeat Superior for the acts and omissions of the officers, members, agents, servants,
c niploy€ es,, or officers of the other.
1 PI2(�l'111RTY i,�`��'
City shall irr n€r �vay rror under arty circurtrstances be respc�nsiblc feat• any property
belonging to District, its officers, members, °s, agents. employees, subcontractors. prog,rarn
participants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged.
District shall in no way nor tinder any circumstances be responsible for any property belt�taging to
{"ity, its officers. members, agents, employees, subcontractors; program participants. licensees. or
invitees; which may be last, stolen; destroyed, or in any° way damaged'.
13. PRO Vi[titiS IZEGAlF2DiNU ACID;
C:'ity anal District each co�,enarat that neither it nor any t>f its officers, members, agents,
employees, program participrr�ts, or subccrrtract€rs, while cragaged rr fjerf rming this r-kgreerrren
shall. in connection with the employment, advancement, or discharge of employees, or in
connection with the terms, conditions or privileges of their employment, discriminate against
persons because of their age. except on the basis of a bona fide occupational qualification,
retirement plan, or statutory requirement,
t'iiy atnc llii�;tric.t co��enant and agree that in the execution.,. perf€�rma.rrce err atternptcd
p€:rfi>rtar�ce <af'trs Ag,t•ecra�ent, neither will discriminate against any persnrt or prsorrs because
e>f sex. race, religion. age, disability, color, national origin, or familial status,, near will either party
permxmit its agents, employees, subcontractors or program participants to engage in such
disc:rinminatin.
"I'he fmroviszons of ibis r��;reemmment are sever=ile �mmmcl il` ii�r ammy reason a clause, sermtnce,
paragraph or anther pail of this Agreement reemnent shall be determined to be invalid by a court or federal
or state agency, board or commission having; ,jurist iction over the subject matter thereof; ;such
invalidity shall not affect other provisions which can be given effect without the invalid provision.
Tlme failure tmF City om° District to insist upon time pet fimranc e cif" any term cmr rovisimm mf`
this Agreement or to exercise any right herein conferred shall not be construed as a waiver or
relinquishment to any extent of Cities or Districts right to assert or rely upon any such term or
right on anyfuture occasion,
Shom�ld any as:tiort, whether real or asserted, at lam,- or in equity , Gent°ise omit of the executitmn,
periorrrmance, attempted performance or non-performance of this Agreerrient. venue flor said.
action shall lie in 'Tarrant County, Texas.
�PPI�C)VA, L)� �it�l2�;lli�ill;l`►1'I'
"f'hc: g,overmmin bodies �mf r'itv and District a�Je apraved the ex�cmmti�n of this
2reernent, and the persons signing the greenment have been dui ' authorized by the governing
bodies of the City and District to sign this Agreement on behalf of the governing bodies.
"1"his vi°ritten instrmaent constitutes the entire ag?rctnemmt bv the pmties Hereto conc:ernin
tlm vvrmrk anc services tc> he perlcmrrned lmereitnder, amendrmay pritmr or cotmtemmmpcmrnecus> oral or
svritte m agreement which purports to Mary from, the terms hereof shall be void.
20. NOTICE PROVISIONS
Notices to District slmall be deemed given when when delivered in pc.rsc�n teen tl�e Superintemmdc:zmt
of the :iistrict, or time mmext..business day! after the ,mailing of''taid notice addressed to said District.
by Clnited States mail, certified or registered mail, return receipt requested, and postage paid at
50 Keller Parkway, Keller, rexas, 76248.
Notices to �"ity shall be deemed given when delivered in person to the first Assistant
{"ity Manager for Public Sal~ety of the City. or the meat business day alter the mailing of said
iotice addressed to said City by United States mail, certified or registered Turin, return receipt
req tttested, and postage paid at 1000 Throckta o ttan, Fort Worth, Texas '76 02*
71Ti' MANAGER'S C?Fit; IC 4
„�{itw �i71i�£li
i�irst Assistant t'it ° lv�an��er
)ate:
LEGALITY:
Z410niucaLw0a6rc roc
Assistant City Attorney
17ate:
p
1?ITTE,•�T
C'oI1tTact Number
APPKQ"VEO FC►R iiI+ i. LF:R
INDEPENDENT SCHOOL i ISTR:ICT4
School t3��t�l i'res+i�'i't
keller iSD
I)ttte; 11 L4 0 a o D
Page 1 of 2
• r •
• . � ! • . •
DATE: Tuesday, August 12, 2008
LOG NAME: 35SSISY2009
REFERENCE NO.: C-22974
SUBJECT:
Authorize Execution of School Security Initiative Contracts with the Fort Worth, Keller, Crowley,
Eagle Mountain/Saginaw, Northwest, Everman, and Lake Worth Independent School Districts and
the Lena Pope Home for School Year 2008-2009 in the Amount of $3,906,436.00
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute contracts with the Fort Worth, Keller, Crowley, Eagle
Mountain/Saginaw, Northwest, Everman, and Lake Worth Independent School Districts and the Lena Pope
Home to operate the School Security Initiative; and
2. Authorize the contracts to be extended up to four times by addendum agreeable to both parties, each for
a one year period.
DISCUSSION:
The Fort Worth Crime Control and Prevention District (CCPD) budget for FY2009 (adopted July 8, 2008)
includes funds for the School Security Initiative. Under the program, all operational costs, equipment funds
and personnel costs are provided by the CCPD. The City is then reimbursed for one-half of 56 officer
personnel costs by the respective school districts. The school districts will also reimburse the City the full
cost of one corporal, five sergeants, one lieutenant, and three relief officers assigned to the program. The
reimbursement costs for the corporal, sergeants, lieutenant, and three relief officers will be apportioned to
each district based on the number of officers assigned to each school district.
During the term of these contracts, October 1, 2008, through September 30, 2009, the Keller Independent
School District will have five officers, Crowley Independent School District will have four officers, Eagle
Mountain/Saginaw will have two officers, Northwest will have two officers, and Everman and Lake Worth
Independent School District will each have one officer. The Fort Worth Independent School District will
have 40 officers assigned to the district. The Lena Pope Home will have one officer to staff the Tarrant
County Juvenile Justice Alternative Education Program. One corporal, five sergeants, one lieutenant, and
three relief officers will be assigned to the School Security Initiative with 100 percent reimbursement from
the school districts apportioned to the number of officers assigned to each respective district. Payments
from the schools for the personnel costs shall be rendered on a monthly basis. The total expected annual
reimbursement amount is $3,906,436.00.
This is a continuation of a program funded by the CCPD.
http://apps.cfwnet.org/council�acket/Reports/mc�rint.asp 10/22/2008
Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Police Department will be responsible for the collection of revenues
due to the City under these agreements.
TO Fund/AccountlCenters FROM Fund/Account/Centers
GR79 451663 0351000 $3,906,436.00
Submitted for City Manager's Office b�
Originating Department Head:
Additional Information Coniact:
Joe Paniagua (6575)
Patricia J. Kneblick (4220)
Kara Shuror (4221)
http://apps.cfwnet.org/council�acket/Reports/mc�rint.asp 10/22/2008