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HomeMy WebLinkAboutContract 26279 CITY RE CONTRACTT o Ya� 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,a home 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 Everman 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 Dan Powell,its duly authorized Superintendent. RECITALS WHEREAS,the citizens of Fort Worth and the City Council of Fort 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 Everman Independent School District proposes to provide a School Security Initiative in conjunction with the Fort Worth Police Department; NOW,THEREFORE,in consideration ofthe mutual covenants herein expressed,the parties agree as follows: AGREEMENT 1. District covenants and agrees to fully cooperate with the City of Fort 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,Longevity Pay,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 R, V-G' H -fa.o 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 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. 5. It is understood and agreed that this contract may be terminated by City,in whole or from time to time in part,whenever such termination is determined by City to be in the best interest of City. Termination will be effected by delivering to District a notice of termination,specifying to what extent performance of the work under the contract is being terminated and the effective date of termination.Within thirty(3 0)days following the date of such termination,District shall be given a final invoice for reimbursement to the City for personnel expenditures and the District must remit these funds within 60 days following date of invoice. District may at anytime terminate this contract by notifying the City in writing and providing an effective date of termination. 6. District and City covenant and agree that in the event either party fails to complywith,or breaches, any of the terms and provisions ofthis agreement,each party shall provide written notice to the other as soon as reasonably possible after the non-breaching party becomes aware ofthe 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. 7. 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 -2- J" � JD 1711 � e 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 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 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 anyradio equipment necessaryto 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 maybe lost,stolen,destroyed or in any way damaged.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. 11. 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 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. -3- 'GU © le W'I' F O, Fry 0 t .. ry. 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,nor will District permit its agents,employees,subcontractors or program participants to engage in such discrimination. 13. The provisions ofthis agreement are severable and if for anyreason 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 subj ect 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 relyupon anysuch term orright 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 ofthis contract and agreement,venue for said action shall lie in Tarrant County, Texas. 16. 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. -4- �M; OCN�S ��C�UG�°�J� IN WITNESS WHEREOF,the parties hereto have executed this agreement in multiples in Fort Worth, Tarrant County, Texas, this J19-11day of ��G-f ob2/L , A.D. 2000. ATTEST: CITY OF FORT WORTH By: ity Secreta to 00 Libby Wa on Assistant City Manager APPROVED AS TO FORM AND LEGALITY: C- - ��'�)&0 David Yett, City Attorney Contract Authorization By: Date A4Ltant City Attorney Date: ATTEST: EVERMAN INDEPENDENT SCHOOL DISTRICT By: Dr. Dan Powell Superintendent -s- yff; ,v OG_d G' C 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 Dr. Dan Powell, Superintendent, 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 Everman Independent School District , and in the capacity therein stated as its duly authorized officer or representative. NE R MY HAND AND SEAL OF OFFICE this day of 2000. r�r bBAFGARA ANN22F04 . Hoary Aae. - M, Notary Public in and for l �''�« MARCH 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 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 13 day of (Ze- ,2000. PaRICIA A-NOTARY PUBLIC IC State of Texas 44otaryPubIiccc�in and for comm. Exp.03-31-2001 the State of Texas COED r .:�, 1�7 E ) I �LI- J-::J 1�_ ll Cif of'Fort Worth, Texas qVinfor And Council Communication DATE REFERENCE NUMBER [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 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 Vforth 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 "agar 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,TFezaQ Ralph Mendoza 48385