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HomeMy WebLinkAboutContract 47485 �14Y SECRETARY 0MUCT NO. INTERLOCAL AGREEMENT FOR SCHOOL SECURITY SERVICES EAGLE MOUNTAIN SAGINAW INDEPENDENT SCHOOL DISTRICT This agreement ("Agreement") is made and entered into between the City of Fort Worth, a home rule municipal corporation of the State of Texas ("City"), acting by and through Valerie R. Washington, its duly authorized Assistant City Manager, and the Eagle Mountain-Saginaw Independent School District (EMSISD), a political subdivision of the State of Texas located in Tarrant County ("District"), acting by and through Dick Elkins, its duly authorized School Board President. RECITALS WHEREAS, this Agreement is made under the authority granted to the City and the District pursuant to the Texas Government Code, Chapter 791, known as the INTERLOCAL COOPERATION ACT; WHEREAS, the citizens of Fort Worth and the City Council have determined that the security of students is paramount; WHEREAS, District wishes to participate in the School Security Initiative Program ("SSI Program") through which City provides school security to participating school districts within the City's limits using City's police officers; and WHEREAS, City will receive funds through the Fort Worth Crime Control and Prevention District ("CCPD")to assist in funding City's portion of the SSI Program costs. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements herein expressed, the parties agree as follows: AGREEMENT DOCUMENTS: The Agreement documents shall include the following: OFFICIAL RECORD CITY SECRETARY 1. This Agreement for the SSI Program FT. WORTH9 TX 2. Exhibit A—Scope of Services 3. Exhibit B —Payment Schedule Exhibits A and B, attached hereto, are incorporated herein and made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A and B and the EMSISD&CFW FY 2016 SSI Interlocal Agreement Page 1 of 14 terms and conditions set forth in the body of this Agreement, the terms and conditions set forth in the body of this Interlocal Agreement shall control. The term "District" shall include the District, and its officers, agents, employees, representatives, servants, contractors or subcontractors. The term "City" shall include its officers, employees, agents, and representatives. The term"Party" shall refer to either the City or the District. The term "Parties" shall refer to both the City and the District. 1. SCOPE OF SERVICES. City hereby agrees to provide the District with school security services for the purpose of creating a safe educational environment, in partnership with the District. The City will provide Fort Worth Police Department ("FWPD") officers at District schools within the city limits of Fort Worth. The City and District covenant and agree to fully cooperate in the implementation of the SSI Program. Attached hereto and incorporated for all purposes incident to this Agreement is "Exhibit A," Scope of Services, more specifically describing the services to be provided hereunder. 2. TERM. This Agreement shall commence on October 1, 2015 ("Effective Date") and shall continue in full force and effect until September 30, 2016, unless terminated earlier in accordance with the provisions of this Agreement. 3. CONSIDERATION. The District shall pay City $418,492.09 in accordance with the provisions of this Agreement and the Payment Schedule attached as "Exhibit B." Such Agreement amount is based upon fixed expenditures for personnel and operating costs for police officers assigned to the SSI Program. The Agreement amount represents 50% of all personnel and operating costs incurred by the City for the five (5) police officers, which does not include the command staff, assigned to the District. The Agreement amount also includes the District's proportional share of the personnel, training and operating costs of the FWPD command staff that oversee the SSI Program. The command staff costs are shared by all participating school districts, and the participating school districts pay a proportional amount of the command staff costs based on the number of SSI Program officers assigned to each participating school district. The command staff includes one (1) detective, five (5) sergeants, two (2) relief police officers, and one (1) lieutenant assigned to the SSI Program. In EMSISD&CFW FY 2016 SSI Interlocal Agreement Page 2 of 14 addition, the Agreement amount includes the District's proportional share of the administrative operating fees of SSI-assigned patrol vehicles. In the event that an officer is on leave due to an occupational injury, the City may provide a replacement officer. In the event the City elects to not provide a replacement officer, the Agreement Amount shall not be reduced or amended due to such absence unless agreed by both parties in writing. It is understood and agreed that District shall remit funds to the City within thirty (30) calendar days following receipt of an official invoice. Invoices shall be provided by City to District on a monthly basis. 4. TERMINATION. 4.1 CCPD Funds This Agreement is wholly conditioned upon the actual receipt by City of Program Funds from the CCPD. In the event that funds from the CCPD are not timely received, in whole or in part, City may, at its sole discretion, terminate this Agreement and City shall not be liable for payment for any work or services performed by District under or in connection with this Agreement. 4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by the City in any fiscal period to fund the SSI Program, City will notify District of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever. As the District shall make all payments under this Agreement from current revenues available, in the event no funds or insufficient funds are available at any time or during any fiscal period when such payment is due, District shall notify City of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which payment was received without penalty or expense to the District of any kind whatsoever. However, District shall be responsible to remit payment for all services provided by the City to the District prior to the termination date. 4.3 Convenience. The City or District may terminate this Agreement at any time and for any reason by providing the other party with 30 days' written notice of termination. EMSISD&CFW FY 2016 SSI Interlocal Agreement Page 3 of 14 4.4 Breach. The District and City covenant and agree that in the event either party fails to comply with, or breaches, any of the terms or provisions of this Agreement, the non-breaching 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 with, or breach of, any of the terms or provisions of this Agreement. The breaching party shall have a reasonable time not to exceed fifteen (15) days to cure or correct the breach. In the event the breaching party fails to cure or correct the breach, the District and City agree to follow the process as described in Section 13. 4.5 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, the District shall pay City for services actually rendered up to the effective date of termination and City shall continue to provide the District with services requested by the District and in accordance with this Agreement up to the effective date of 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 Agreement Amount for services rendered and District shall remit payment in full within thirty (30) days after the date of such invoice. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 5.1 Disclosure of Conflicts. The District and City hereby warrant that full disclosure in writing of any existing or potential conflicts of interest related to services under this Agreement have been made. In the event that any conflicts of interest arise after the Effective Date of this Agreement, the City and District hereby agree to immediately make full disclosure to the other party in writing. 5.2 Confidential Information. District, for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such information to a third party without the prior written approval of the City, except as required by law. City, for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by the District as confidential and shall not disclose any such information to a third party, except as required by law. In carrying out its duties, the City, and its officers, agents and employees, shall at all times recognize and respect the confidentiality of student information, including but not limited to confidential student records, and shall seek access to such records only in accordance with the requirements of the Family Education Rights and EMSISD&CFW FY 2016 SSI Interlocal Agreement Page 4 of 14 Privacy Act, 20 U.S.C. §1232g ("FERPA") and Eagle Mountain-Saginaw ISD Board Policy FL (LEGAL) and (LOCAL). 5.3 Unauthorized Access. City and District shall store and maintain information from the other Party in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt the information in any way. City and District shall notify the other party immediately if the security or integrity of any information has been compromised or is believed to have been compromised, in which event, the City or District, as the case may be, shall, in good faith, use all commercially reasonable efforts to cooperate with the other Party in identifying what information has been accessed by unauthorized means and shall fully cooperate with the other Party to protect such information from further unauthorized disclosure. 5.4 Federal Law Enforcement Database Access. If District, or any District Personnel, has access to any federal law enforcement database or any federal criminal history record information system, including but not limited to Fingerprint Identification Records System ("FIRS"), Interstate Identification Index System ("III System"), National Crime Information Center ("NCIC") or National Fingerprint File ("NFF"), that is governed by and/or defined in Title 28, Code of Federal Regulations Part 20 ("CFR Part 20"), for the purpose of providing services for the administration of criminal justice as defined therein on behalf of the City under this Agreement, District shall comply with the Criminal Justice Information Services Security Policy and CFR Part 20, and shall separately execute the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum. 6. RIGHT TO AUDIT. The District agrees that the City shall, until the expiration of three years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of the other party involving transactions relating to this Agreement at no additional cost to the City. The District agrees that the auditing party shall have access during normal working hours to all necessary District facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give reasonable advance notice of intended audits. The City and District acknowledge and agree that such access under this section is subject to the limitations and requirements under the Texas Public Information Act, FERPA and relevant Eagle Mountain- Saginaw ISD Board policies. 7. INDEPENDENT CONTRACTOR. District shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of City. City shall operate hereunder as in independent contractor and not as an EMSISD&CFW FY 2016 SSI Interlocal Agreement Page 5 of 14 officer, agent, servant, or employee of the District. City shall be solely responsible for the acts and omissions of its officers, members, agents, servants, and employees. 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 Respondent Superior for the acts and omissions of the officers, members, agents, servants, employees, or officers of the other. Nothing in this Agreement shall waive any statutory or common-law immunity or defense of City or District. 8. PROPERTY LOSS. The Parties agree that neither shall be responsible for any property belonging to the other party, its officers, members, agents, employees, subcontractors, program participants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged. 9. NON-DISCRIMINATION COVENANT. The District and City, in the execution, performance, or attempted performance of this Agreement, will not discriminate against any person or persons because of sex, race, religion, age, disability, color, national origin, or familial status, nor will the District or City permit its agents, employees, subcontractors or program participants to engage in such discrimination. In addition to the above, City and District covenant that neither it nor any of its officers, members, agents, employees, program participants, or subcontractors, while engaged in the performance of this Agreement 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. 10. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, c/o the designated person listed below; or (2) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: City of Fort Worth EMSISD Attn: Valerie R. Washington Attn: Dick Elkins Assistant City Manager School Board President 1000 Throckmorton 1200 Old Decatur Road Fort Worth, Texas 76102-6311 Saginaw, TX 76179 EMSISD&CFW FY 2016 SSI Interlocal Agreement Page 6 of 14 With Copy to the City Attorney At same address 11. GOVERNMENTAL POWERS/IMMUNITIES. It is understood and agreed that by execution of this Agreement, neither the City nor District waives or surrenders any of its governmental powers or immunities. 12. NO WAIVER. The failure of the City or District to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or District's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 13. INFORMAL DISUTE RESOLUTION. Except in the event of termination for convenience pursuant to Section 4.3, if either the City or District has a claim, dispute, or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this Agreement, the Parties shall first attempt to resolve the matter through this dispute resolution process. The disputing Party shall notify the other Party in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the dispute and list the Party's specific reasons for such dispute. Within ten (10) business days of receipt of the notice, both parties shall commence the resolution process and make a good faith effort, either through email, mail, phone conference, in person meetings, or other reasonable means to resolve any claim, dispute, breach or other matter in question that may arise out of, or in connection with this Agreement. If the Parties fail to resolve the dispute within sixty (60) days of the date of receipt of the notice of the dispute, then the Parties may submit the matter to non-binding mediation in Tarrant County, Texas, upon written consent of authorized representatives of both Parties in accordance with the Industry Arbitration Rules of the American Arbitration Association or other applicable rules governing mediation then in effect. The mediator shall be agreed to by the Parties. Each Party shall be liable for its own expenses, including attorney's fees; however, the Parties shall share equally in the costs of the mediation. If the Parties cannot resolve the dispute through mediation, then either Party shall have the right to exercise any and all remedies available under law regarding the dispute. Notwithstanding the fact that the Parties may be attempting to resolve a dispute in accordance with this informal dispute resolution process, the Parties agree to continue without delay all of their respective duties and obligations under this Agreement not affected by the dispute. Either Party may, before or during the exercise of the informal dispute resolution process set forth herein, apply to a court having jurisdiction for a temporary restraining order or preliminary injunction where such relief is necessary to protect its interests. EMSISD&CFW FY 2016 SSI Interlocal Agreement Page 7 of 14 14. GOVERNING LAW/VENUE. This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 15. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 16. FORCE MAJEURE. The City and District shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 17. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 18. APPROVAL OF AGREEMENT. The governing bodies of City and District have approved the execution of this Agreement, and the persons signing the Agreement have been duly authorized by the governing bodies of the City and District to sign this Agreement on behalf of the governing bodies. 19. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have reviewed this Agreement. 20. AMENDMENTS. EMSISD&CFW FY 2016 SSI Interlocal Agreement Page 8 of 14 No amendment of this Agreement shall be binding upon a party hereto unless such amendment is set forth in a written instrument, which is executed by an authorized representative of each party. 21. ENTIRETY OF AGREEMENT. This Agreement, including Exhibits A and B, contains the entire understanding and agreement between the City and District, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 22. COUNTERPARTS. This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. 23. BODY WORN CAMERAS. City and District agree that any use of body-worn cameras by FWPD officers will be subject to and in compliance with state law and local regulations regarding the use and operation of body- worn cameras (BWC). City shall use its best efforts to notify the District at least two weeks before its School Security Initiative (SSI) officers assigned to the District begin use of BWCs, and will provide written information and training to the principal and assistant principals of the schools to which the officers are assigned, on the objectives and procedures for the use of BWCs. Every SSI officer equipped with a BWC shall be trained in the operation of the equipment prior to its use. When utilizing BWCs, the School Security Initiative Officer shall adhere to the objectives and procedures outlined in this Agreement and the Fort Worth Police Department General Orders so as to maximize the effectiveness of the BWC and the integrity of the video documentation. City may, if not otherwise prohibited by law, provide to the District copies of any such filming of students, parents, employees, or others upon school property, upon request for such copies by the District, as an intergovernmental transfer. In the event the City believes the providing of a copy of such videos would be prohibited, City agrees to utilize its best efforts to facilitate the availability of the officer who made the video to testify, upon request by the District, in any school disciplinary hearing concerning the Officer's knowledge of the facts and circumstances of the incident which was videoed. The parties also agree that any such film or video taken by, and kept in the possession of, the City's officers may be considered "law enforcement records" under the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. sec. 1232g and 34 C.F.R. Sec. 99.8, and that any copy of such film or video, if permitted by law to be provided to the District, may then become an educational record of the District under FERPA. City also agrees that its SSI officers shall at all times recognize and comply with the confidentiality of student and education records and will only EMSISD&CFW FY 2016 SSI Interlocal Agreement Page 9 of 14 seek such records in accordance with the requirements of FERPA and the District's Board Policies FL(LEGAL) and (LOCAL)." [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] EMSISD&CFW FY 2016 SSI Interlocal Agreement Page 10 of 14 APPROVED AND AGREED FOR CITY APPROVED AND AGREED FOR OF FORT WORTH EMSISD Valerie R. Washington Dick Elkins Assistant City Manager School Board President Date:'Igl� Date: APPROVAL RECOMMENDED APPROVED AS TO FORM AND LEGALITY FOR EMSISD Joel F. Fitzgerald Chief of Police EMSISD Attorney Date: � �2�'/ � � Date: APPROVED AS TO FORM AND LEGALITY FOR CITY OF FORT ATTEST , WORTH SA ary J. Ka s Victoria D. Honey City Secretary Assistant City Attorney Date: o Date: Lg M&C No ' o o 0 0000000,10 ex IF S ewn rYteA,44 EMSISD&CFW FY 2016 SSI Interlocal Agreement �on�� ��3 Page I I of 14 EXHIBIT A SCOPE OF SERVICES 1. City, through the commander of the SSI Program, shall assign FWPD officers to specific schools within the District to provide school security and officers shall work directly with the District's school principals. 2. There shall be five (5) City police officers assigned to the District for the SSI Program. In addition, there shall be a command staff comprised of one (1) detective, five (5) sergeants, two (2) relief police officers, and one (1) lieutenant assigned to the SSI Program. The Lieutenant shall command the SSI Program. Additional officers will not be provided to District during the Term of the Agreement. The District shall submit a written request for additional Police Officers to City ten (10) months prior to the start of a new Fiscal year(the end of the month of December). 3. Assigned officers shall have the SSI Program as their primary duty, and will not be regularly assigned additional police duties. City reserves the right, however, to reassign any or all officers temporarily in the event of an emergency or when the City, in its sole discretion, deems necessary. 4. City shall coordinate assignment and duty hours with District. If necessary, to handle unplanned absences at schools, FWPD officers from other units may be assigned temporarily to provide coverage. City shall not be required, but may in its sole discretion, provide replacements for officers who are on leave due to an occupational injury. Replacement officers, when available, will be assigned to District when the assigned police officer's absence is for an extended period of time. 5. City shall provide to the officers assigned to the SSI Program all the law enforcement training and certification, vehicles and police equipment, benefits, and insurance (including liability coverage) that are provided to all City's police officers. District shall provide any radio equipment necessary to allow the assigned officers to communicate with District staff. 6. The City shall maintain emergency response plans for every school within their jurisdiction. To the extent allowed under Texas law, these plans shall be kept confidential within the Fort Worth Police Department for security purposes, but meetings shall be held with authorized representatives of District to provide relevant information and excerpts from the plan necessary for implementation. City's Chief of Police shall EMSISD&CFW FY 2016 SSI Interlocal Agreement Page 12 of 14 designate a commander to be responsible for maintenance and dissemination of these plans. 7. All police personnel assigned to the SSI program will remain subject to the rules and regulations applicable to all sworn personnel, including General Orders, Special Orders, Personnel Rules and Regulations, directives and other applicable law. EMSISD& CFW FY 2016 SSI Interlocal Agreement Page 13 of 14 k EXHIBIT B PAYMENT SCHEDULE District will remit 11 payments at $34,874.34 per month within 30 days of receipt of an invoice from the City and a final payment due in the amount of$34,874.35. $34,874.34 x 11 = $383,617.74 Final Payment= $ 34,874.35 Total Payments $418,492.09 EMSISD& CFW FY 2016 SSI Interlocal Agreement Page 14 of 14 9/16/2015 M&C Review Official site of the City of Fort Worth,Texas VA ITY COUNCILAGENDA ruRTWORTH COUNCIL ACTION: Approved on 9/15/2015 DATE: 9/15/2015 REFERENCE C-27467 LOG NAME: 35SCHOOL SECURITY INITIATIVE NO.: CONTRACTS FY 2016 CODE: C TYPE: NON- PUBLIC NO CONSENTHEARING: SUBJECT: Authorize the Execution of Agreements with Fort Worth, Crowley, Eagle/Mountain Saginaw and Lake Worth Independent School Districts and Lena Pope Home, Inc., to Operate the School Security Initiative Program for Fiscal Year 2016 in the Amount of$4,770,809.83 (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of the School Security Initiative Agreements with Fort Worth, Crowley, Keller, Eagle Mountain/Saginaw and Lake Worth Independent School Districts and Lena Pope Home, Inc., to operate the School Security Initiative Program for Fiscal Year 2016 in the amount of$4,770,809.83. DISCUSSION: The Fort Worth Police Department (FWPD), area school districts, and the Lena Pope Home work together to provide youth with a safe educational environment. The School Security Initiative Program (Program) provides FWPD officers to schools within the city limits of Fort Worth. The Crime Control and Prevention District (CCPD) funds 66 sworn positions and costs related to training, weapons, equipment, and supplies. The participating school districts (ISD) and the Lena Pope Home reimburse CCPD for 50 percent of the operating and personnel costs for 57 of the 66 positions. CCPD will receive a 100 percent reimbursement of the operational and personnel costs for the remaining nine supervisor and relief positions. Serving in a dynamic position, the School Security Initiative (SSI) officers must be sensitive to the varied needs of students and staff, while also remaining prepared to carry out law enforcement duties at a moment's notice. In the summer months, SSI officers complete rigorous training to prepare them for the upcoming school year. During the term of the Agreements, which is October 1, 2015 through September 30, 2016 officers will be assigned as follows: Fort Worth ISD will have forty-three assigned officers at a cost of $3,599,031.97; Eagle Mountain/Saginaw ISD will have five assigned officers at a cost of $418,492.09; Crowley ISD will have four assigned officers at a cost of $334,793.67; Keller ISD will have three assigned officers at a cost of $251,095.25; Lake Worth ISD will have one assigned officer at a cost of $83,698.42; and Lena Pope Home will have one assigned officer at a cost of $83,698.42. Payments from the participating school districts and the Lena Pope Home shall be rendered to the City on a monthly basis and deposited into a CCPD account. The total expected reimbursement amount is $4,770,809.83. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that, contingent upon adoption of the FY2016 Budget by the City Council, funds will be available in the FY2016 Budget of the Crime Control and http://apps.cfwnet.org/counci I_packet/m c_revi ew.asp?ID=21465&counci idate=9/15/2015 112 9/1612015 M&C Review Prevention District Funds and that the Police Department is responsible for the collection and deposit of funds due to the City. TO Fund/Account/Centers FROM Fund/Account/C enters 26001 4371004 0351000 $4.770,809.83 Submitted for City Manager's Office by Rudolph Jackson (6199) Originating Department Head: Rhonda Robertson (4231) Additional Information Contact: James Rodriguez (4286) ATTACHMENTS hUp://apps.cfwnet.org/council_packet/m c_review.asp?ID=21465&counci ld ite-=9/15/2015 2/2