HomeMy WebLinkAboutContract 26277 CITY SECRETARY
CONTRACT No. �t
STATE OF TEXAS §
COUNTIES OF TARRANT §
AND DENTON
In consideration ofthe mutual covenants,promises and agreements contained herein,this agreement
is made and entered into between the City of Fort Worth,ahome rule municipal corporation ofthe State
of Texas,located within Tarrant and Denton Counties,Texas(hereinafter referred to as"City,")acting by
and through Libby Watson,its duly authorized Assistant City Manager,and the Keller Independent
School District,a political subdivision ofthe State of Texas and a legally constituted Independent School
District (hereinafter referred to as "District,") acting by and through its Board of Trustees.
RECITALS
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 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 received funds through the Fort Worth Crime Control and
Prevention District; and
WHEREAS,the Keller Independent School District proposes to provide a School Security
Initiative in conjunction with the Fort Worth Police Department;
NOW,THEREFORE,in consideration of the mutual covenants herein expressed,the parties agree
as follows:
AGREEMENT
1.
District covenants and agrees to fully cooperate with the City of FortWorth in the implementation
of this prof ect and both parties agree that at least three police officers shall be placed in either middle and/or
high schools.Two of these officers shall be funded from the Fort Worth Crime Control and Prevention
District while one position shall be funded with City of Fort Worth General Revenue funds.District agrees
to reimburse City for 50%of all personnel costs incurred by the City in this project,including Base Pay,
Salary Increases,Longevity Pay,Incentive Pay,Acting Officer Pay,Bilingual Pay,FLSA,Court Attendance
Costs, Medicare, Workers Compensation Insurance, Group Health Insurance, and Retirement.
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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 2000-2001 it
is anticipated that reimbursement under this contract shall not exceed$97,500,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 October 1,2000,and ending on September
30, 2001.
4.
It is expressly understood and agreed by and between the parties hereto that this agreement is
wholly conditioned upon the actual receipt by City of funds from the Fort Worth Crime Control and
Prevention District and that if such funds from the Fort Worth Crime Control and Prevention District are
not timely forthcoming,in whole or in part,City may,at its sole discretion,terminate this contract and
agreement.Furthermore,City and District shall make all payments under this agreement from current
revenues available to the paying party.
5.
This agreement may be 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 and City covenant and agree that in the event either party fails to comply with,or breaches,
any of the 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 of notice,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.
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7.
District covenants and agrees to fully cooperate with City in monitoring the effectiveness ofthe
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).
8.
District shall operate hereunder as an independent contractor 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 of its officers,members,agents,servants,employees,or
officers of the other.
9.
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 of the school to which they are assigned.Such
officers shall have the school to which they are assigned as their primary duties,and will not regularly be
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.
10.
City shall in no way 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 anyway damaged.City agrees to waive,release,indemnify,and
hold harmless the District from any and all claims,damages,inj uries,causes of action,or lawsuits arising out
of the acts or omissions of the assigned officers. District shall in no way, nor any circumstances, be
responsible for any property damage,personal injuries,or other liabilities incurred or caused bythe assigned
officers.
11.
City and District covenants that neither it nor any of its officers,members,agents,employees,
program participants,or subcontractors,while engaged in performing this contract shall in connection with
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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.
12.
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,norwill District permit its agents,employees,subcontractors or program participants to
engage in such discrimination.
13.
The provisions of this agreement are severable and if for any reason a clause,sentence,paragraph
or other part of this 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.
14.
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
any extent of City's or District's right to assert or rely upon any such term or right on any future occasion.
15.
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.
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16.
The governing bodies of City and District have approved the execution ofthis agreement,and the
persons signing the agreement have been duly authorized by the governing bodies of the City and District
to sign this agreement of behalf of the governing bodies.
17.
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.
GOG�,� G����,�► D
IN WITNESS WHEREOF,the parties hereto have executed this agreement in multiples in Fort
Worth, Tarrant County, Texas, this 4', day of ,Q a� , A.D. 2000.
ATTEST: CITY OF FORT WORTH
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City Secretary LibbyyAtson
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
David Yett, City Attorney --C _ D
COhtfACt Authorization
By: Date
Ass' ant City Attorno'y
Date:
ATTEST: KELLER INDEPENDENT
SCHOOL DISTRICT
By: 6e�-
Linda C. Bowden
Board of Trustees
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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 Linda C. Bowden, Trustee, 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 the Keller Independent School District , and in
the capacity therein stated as its duly authorized officer or representative.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this c �� day of
, 2000.
O1�A,F" SAND'-.4'
a NO-THRY PUBLIC 1 \ \
STATE OF TEXAS
A
OF My My U-0mm Fxp o2-09-2004 Notary Public in and for
the State of Texas
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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 the act of the City of Fort Worth and that
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
be-x- , 2000.
�� ' PATRICIA A. GARCIA
�* NOTARY PUBLIC
1* 4
State of Texas otary Public in and for
Comm.Exp.03-31-2001 the State of Texas
r
City of Fort Worth, Texas
"ayor And Council Communication
DATE REFERENCE NUMBER I LOG NAME PAGE
8/22/00 C-18200 35SECURITY 1 of 2
SUBJECT AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE SCHOOL SECURITY
INITIATIVE CONTRACTS FOR FY 2000-2001
RECOMMENDATION:
It is recomrriended 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 Arth Crime Control and Prevention District budget for Fiscal Year 2000-2001, includes funds
for the School Security Initiative. In addition, monies are available in the Police Department's general
revenue fund to provide an additional officer in the Keller Independent School District for a new school
opening this year.
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
Crowley, and Everman Independent School Districts requested officers on their campuses since they
are within the Fort Worth city limits. The budget and plan for the renewal of the Crime Control District,
approved by the voters on May 6, 2000, includes funds for all of the participating school districts.
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 and General
Fund revenues. The remaining half of personnel costs will be paid by the respective school districts.
During the terms of these contracts (October 1, 2000, through September 30, 2001) the estimated cost
to the Keller Independent School District should not exceed $97,500; 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 $1,700,000. Payments shall be rendered on a quarterly
basis.
City of Fort Worth, Texas
"41jor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
8/22/00 C-18200 35SECURITY 2 of 2
SUBJECT AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE SCHOOL SECURITY
INITIATIVE CONTRACTS FOR FY 2000-2001
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Police Department Will be responsible for the collection of
revenues due under these agreements.
LW:I
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
GR79 451663 0351000 APPROVED
Libby Watson 6183 CITY COUNCIL.
Originating Department Head:
Ralph Mendoza 48385 (from) AUG 22 2000
Additional Information Contact:
City Secretary of the
City of Fort Worth,Texav
Ralph Mendoza 48385