HomeMy WebLinkAboutContract 25759 CITY SECRETARY , -
STATE OF TEXAS § CONTRACT NO. /
COUNTY OF TARRANT §
WHEREAS,the citizens ofFort Worth and the City Council ofFort Worth have determined that
the security of students at middle and high schools is paramount; and
WHEREAS, the City of Fort Worth has initiated a School Security Initiative; and
WHEREAS,the Everman Independent School District proposes to provide a School Security
Initiative in conjunction with the Fort Worth Police Department;
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
That for and in consideration of the mutual covenants,promises and agreements contained herein,
the City of Fort Worth,hereinafter referred to as"City,"acting by and through Libby Watson,its duly
authorized Assistant City Manager,and the Everman Independent School District,hereinafter referred
to as"District,"acting by and through Dan Powell,its duly authorized Superintendent,does hereby
covenant and agree as follows:
1.
District covenants and agrees to fully cooperate with the City ofFort Worth in the implementation
of this project and both parties agree that at least one police officer shall be placed in either middle and/or
high schools.District agrees to reimburse City for 50%of all personnel costs incurred by the City in this
project,including Base Pay,Salary Increases,LongevityPay,Incentive Pay,Acting Officer Pay,Bilingual
Pay, FLSA, Court Attendance Costs, Medicare, Workers Compensation Insurance, Group Health
Insurance, and Retirement.
2.
It is understood and agreed that District shall remit funds to the City in a timely manner following
receipt of an official invoice.Invoices shall be provided on a quarterly basis.For fiscal year 1999-2000 it
is anticipated that reimbursement under this contract shall not exceed$30,000,and shall be based upon
actual expenditures made for officers assigned to the School Security Initiative program.
3.
The term of this agreement is for a period beginning on August 1, 1999,and ending on September
30, 2000.
4.
It is expressly understood and agreed by and between the parties hereto that this agreement is
wholly conditioned upon availability by City of funds from the General Revenue Fund and that if such funds
are not timely forthcoming,in whole or in part,City may,at its sole discretion,terminate this contract and
agreement.
5.
This agreement maybe terminated by either party hereto,in whole or in part,at any time and for
any 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 reimbursement to the
City for personnel expenditures and District shall remit payment in full within sixty(60)days after the date
of such invoice.
6.
District covenants and agrees to fully cooperate with City in monitoring the effectiveness of the
services and work to be performed with the District under this agreement,and City shall have access at all
reasonable 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 under the Texas Public Information Act and the Family Educational Rights and Privacy Act
(FERPA).
7.
District shall operate hereunder as an independent District and not as an officer,agent,servant or
employee of City.District shall be solely responsible for the acts and omissions of its officers,members,
agents, servants,and employees. Neither City nor District shall be responsible under the Doctrine of
Respondeat Superior for the acts and omissions ofits officers,members,agents,servants,employees,or
officers of the other.
City agrees that police officers shall be assigned by and responsible to the Fort Worth Police
Department,but shall work directly with the school principal ofthe school to which they are assigned.Such
officers shall have the school to which they are assigned as their primary duties,and will not regularlybe
assigned additional police duties.The City reserves the right,however,to reassign those officers temporarily
in the event of an emergency.City shall provide all law enforcement training and certification,vehicles and
police equipment,benefits,and insurance(including liability coverage)provided to all police officers
employed by City.District shall provide any radio equipment necessary to allow the assigned officers to
communicate with school staff. City shall coordinate assignment and duty hours with District.
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8.
City shall in noway nor under any circumstances be responsible for any property belonging to
District,its officers,members,agents,employees,subcontractors,program participants,licensees or invitees,
which may be lost,stolen,destroyed or in any waydamaged.City agrees to waive,release,indemnify,and
hold harmless the District from any and all claims,damages,injuries,causes of action,or lawsuits arising out
of the acts or omissions of the assigned officers.
9.
City and District each covenant to the other that neither such party nor any of its officers,members,
agents,employees,program participants,or subcontractors,while engaged in performing this contract shall
in connection with the employment,advancement,or discharge of employees,or in connection with the
terms,conditions orprivileges oftheir employment,discriminate against persons because oftheir age,except
on the basis of a bona fide occupational qualification, retirement plan, or statutory requirement.
10.
City and District,in the execution,performance or attempted performance of this contract and
agreement,will not discriminate against any person or persons because of sex,race,religion,color or
national origin,nor will District permit its agents,employees,subcontractors or program participants to
engage in such discrimination.
11.
District and City covenant and agree that in the event either parry fails to comply with,or breaches,
anyofthe terms and provisions of this agreement,each party shall provide written notice to the other as soon
as reasonably possible after the non-breaching party becomes aware of the failure to comply or breach of
contract.In the event that the breaching party fails to cure or correct such breaches within a reasonable time
following the receipt ofnotice,such reasonable time not to exceed 15 days,the non-breaching party shall
have the right to declare this agreement immediately terminated, and neither party shall have further
responsibility or liability hereunder.
12.
The provisions of this agreement are severable and if for any reason a clause,sentence,paragraph
or otherpart ofthis agreement shall be determined to be invalid by a court or federal or state agency,board
or commission having jurisdiction over the subject matter thereof,such invalidity shall not affect other
provisions which can be given effect without the invalid provision.
13.
The failure of City or District to insist upon the performance of any term or provision of this
agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to
anyextent of City's orDistrict's right to assert orrelyupon any such term or right on any future occasion.
14.
Should any action, whether real or asserted, at law or in equity, arise out of the execution,
performance,attempted performance or non-performance of this contract and agreement,venue for said
action shall lie in Tarrant County, Texas.
15.
This written instrument constitutes the entire agreement by the parties hereto concerning the work
and services to be performed hereunder,and any prior or contemporaneous,oral or written agreement
which purports to vary from the terms hereof shall be void.
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IN WITNESS WHEREOF,the parties hereto have executed this agreement in multiples in Fort
Worth, Tarrant County, Texas, this ay of—
ATTEST:
f—ATTEST: CITY OF FORT WORTH
By:
C ty Secretary Libby Watson
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
Contract Authorization
City orney
Date:
ATTEST: EVERMAN INDEPENDENT
SCHOOL DISTRICT
By: 4
Dan Powell
Superintendent
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STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this
day personally appeared Libby Watson, known to me to be the same person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was for the act of the
City of Fort Worth and she executed the same as the act of said City of Fort Worth for the purposes
and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this / day of
2000 .
,.►""-Ck¢,� ROSELLA BARNES
J�
NOTARY PUBLIC
* ! State of Texas
Comm. Exp. 03-3 -2rys i Notary Public in and for
the State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this
day personally appeared Dan Powell, known to me to be the same person whose name is subscribed
to the foregoing instrument, and acknowledged to me that the same was for the purposes and
consideration therein expressed, as the act and deed of Everman Independent School District, and in
the capacity therein stated as its duly authorized officer or representative. 7
NEN ER MY HAND AND SEAL OF OFFICE this ""' day of
20�L) .
BARBARA ANN NOVIKOFF
Notary Public,State of Texas
�r �9 My Cmidulon EVra MAA.90,2000
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Notary Public in and for
the State of Texas
,s1 U ���EMT
City of Fort Worth, Texas
"611jor AndC ouncil Communication
DATE REFERENCE NUMBER LOG NAME PAGE
3/28/00 C-17966 35SCHOOLS 1 of 2
SUBJECT SCHOOL SECURITY INITIATIVE CONTRACTS
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute contracts with the Fort
Worth Independent School District, Keller Independent School District, Crowley Independent School
District and Everman Independent School District, to operate the School Security Initiative.
DISCUSSION:
The Fort Worth Crime Control and Prevention District budget for Fiscal Year 1999-2000 includes funds
for the School Security Initiative. In addition, monies are available in the Police Department's general
revenue fund to support officers requested by other school districts.
In October 1995, the School Liaison Program was replaced with the School Security Initiative. This
program called for officers to be assigned to all middle and high schools in Fort Worth. At that time,
only the Fort Worth and Keller Independent School Districts were participants. In August 1999, the
Cowley and Everman Independent School Districts requested officers on their campuses since they
are within the Fort Worth city limits.
Under the program, all operational and equipment funds and one-half of all personnel costs are
provided by the City of Fort Worth with Fort Worth Crime Control and Prevention District funds and
General Revenue funds. The remaining half of personnel costs will be paid by the respective school
districts.
During the terms of these contracts (October 1, 1999, through September 30, 2000) the estimated cost
to the Keller Independent School District should not exceed $60,000; the estimated cost to the
Everman Independent School District should not exceed $30,000; the estimated cost to the Crowley
Independent School District should not exceed $30,000; and the estimated cost to the Fort Worth
Independent School District should not exceed $1,400,000. Payments shall be rendered on a quarterly
basis.
City of Fort Worth, Texas
"noor Andconsmunicalflon
Counc l
DATE REFERENCE NUMBER LOG NAME PAGE
3/28/00 C-17966 35SCHOOLS 2 of 2
SUBJECT SCHOOL SECURITY INITIATIVE CONTRACTS
FISCAL INFORMATION/CERTIFICATION:
"rhe Police Department is responsible for the collection of revenues due under these agreements.
LW:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
GR79 451663 0351000 ApfflOWD
Libby Watson 6183
Originating Department Head: CITY kCOUNCIL
Ralph Mendoza 4-8386 (from) MAR 28 200"
4
Additional Information Contact: `
City seaeCtary of Lh
Ralph Mendoza 4-8386
Ctty of Fr-