HomeMy WebLinkAboutContract 49709 CITY SECRETARY
CONTRACT NO. dj0 q _
INTERLOCAL AGREEMENT FOR THE SCHOOL RESOURCE OFFICER PROGRAM
KELLER 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 Keller Independent School
District ("KISD"), a political subdivision of the State of Texas located in Tarrant County and a
legally constituted Independent District ("District"), acting by and through Rick Westfall, its duly
authorized Superintendent.
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 Resource Officer Program("SRO
Program") through which City provides school security to participating school districts with
facilities within the City's territorial 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 SRO Program costs.
NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements
herein expressed,the Parties agree as follows:
AGREEMENT DOCUMENTS: � 8ro g 10 11 r
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The Agreement documents shall include the following: 10,
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`� RECEIVED
1. This Agreement for the SRO Program SEP 2 9 2017 n,
2. Exhibit A—Scope of Services , CITY OF FORT WORTH c,,
C(1YSECREfARY ,p
3. Exhibit B—Payment Schedule
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Exhibits A and B, attached hereto are incorporated herein and made a part of t is greement for all
purposes. In the event of any conflict between the terms and conditions of Exhibits A and B and the
OFFICIAL RECORD
CITY SECRETARY
KISD&CFW FY 2018 SRO Interlocal Agreement FT.WORTH,TX Page 1 of 12
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 territorial limits of
Fort Worth. The District covenants and agrees to fully cooperate with the City in the
implementation of the SRO 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, 20I7 ("Effective Date") and shall continue
in full force and effect until September 30, 2018, unless terminated earlier in accordance with the
provisions of this Agreement.
3. CONSIDERATION.
The District shall pay City$250,245.12 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 SRO Program.
The Agreement amount represents 50%of all personnel and operating costs incurred by the City for
the three (3) 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 SRO 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 SRO 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 SRO Program. In
KISD&CFW FY 2018 SRO Interlocal Agreement Page 2 of 12
addition, the Agreement amount includes the District's proportional share of the administrative
operating fees of SRO-assigned patrol vehicles.
In the event that an officer is on leave due to an occupational injury, 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 Convenience.
The City may terminate this Agreement at any time and for any reason by providing
the other Party with 30 days' written notice of termination.
4.3 Non-appropriation of Funds.
In the event no funds or insufficient funds are appropriated by the City in any fiscal
period to fund the SRO 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.
4.4 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
KISD&CFW FY 2018 SRO interlocal Agreement Page 3 of 12
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. District hereby warrants to the City that District has made
full disclosure in writing of any existing or potential conflicts of interest related to services under
this Agreement. In the event that any conflicts of interest arise after the Effective Date of this
Agreement, District hereby agrees immediately to make full disclosure to the City 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.
5.3 Unauthorized Access. District shall store and maintain City Information in a secure
manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. District shall notify the City immediately if the security or integrity of
any City information has been compromised or is believed to have been compromised, in which
event, District shall, in good faith, use all commercially reasonable efforts to cooperate with the
City in identifying what information has been accessed, modified, deleted or otherwise corrupted
by unauthorized means and shall fully cooperate with the City to protect such information from
further unauthorized tampering.
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.
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 District involving transactions relating to this Agreement at
no additional cost to the City. District agrees that the City shall have access during normal
KISD&CFW FY 2018 SRO Interlocal Agreement Page 4 of 12
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 District reasonable advance notice of intended audits.
Section 6 shall survive the termination or expiration of this Agreement.
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
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, or employees of the other. Nothing in this
Agreement shall waive any statutory or common-law immunity or defense of City or District.
8. PROPERTY LOSS.
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 any way damaged.
9. PROVISIONS REGARDING AGE.
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. LIABILITY
To the extent allowed by law, each of the Parties shall be liable and responsible for any
damages or loss caused by the negligent acts or omissions, or malfeasance or intentional misconduct
of each of its respective officers, agents, servants, or employees.Nothing in the performance of this
Agreement shall impose any liability for claims against District, other than claims that may arise as
set forth in this section and Section 11, or for claims which the Texas Tort Claims Act may impose
liability. Nothing in the performance of this Agreement shall impose any liability for claims against
KISD&CFW FY 2018 SRO Interlocal Agreement Page 5 of 12
the City of Fort Worth other than claims that may arise as set forth in this section or for which
liability may be imposed by the Texas Tort Claims Act.
Section 10 shall survive the termination or expiration of this Agreement.
11. NON-DISCRIMINATION COVENANT.
District, for itself, its personal representatives, assigns, subcontractors and successors in
interest, as part of the consideration herein, agrees that in the performance of District's duties and
obligations hereunder, it shall not discriminate in the treatment or employment of any individual or
group of individuals on any basis prohibited by law. If any claim arises from an alleged violation of
this non-discrimination covenant by District, its personal representatives, assigns, subcontractors or
successors in interest, District agrees to assume such liability and to indemnify and defend the City
and hold the City harmless from such claim.
Section 11 shall survive the termination or expiration of this Agreement.
12. 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 KISD
Attn: Valerie R. Washington Attn: Rick Westfall
Assistant City Manager Superintendent
200 Texas Street 350 Keller Parkway
Fort Worth,Texas 76102-6311 Keller, Texas 76245
With Copy to the City Attorney
At same address
13. GOVERNMENTAL POWERS/IMMUNITIES.
It is understood and agreed that by execution of this Agreement, the City does not waive or
surrender any of its governmental powers or immunities.
KISD&CFW FY 2018 SRO Interlocal Agreement Page 6 of 12
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
KISD&CFW FY 2018 SRO Interlocal Agreement Page 7 of 12
20. REVIEW OF COUNSEL.
The Parties acknowledge that each Party and its counsel have reviewed and revised this
Agreement and that the normal rules of construction to the effect that any ambiguities are to be
resolved against the drafting Party shall not be employed in the interpretation of this Agreement or
exhibits hereto.
21. AMENDMENTS.
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.
22. 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 it conflicts with any provision of this Agreement.
23. 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.
[THE REST OF THIS PAGEINTENTIONALLY LEFT BLANK]
KISD&CFW FY 2018 SRO Interlocal Agreement Page 8 of 12
APPROVED AND AGREED FOR CITY APPROVED AND AGREED FOR KISD
OF r OR T WOR T`n`
Valerie R. Washington AickW #fll
Assistant City Manager Superin a
Date: 1 1q111 j-r Date: q- I q'--)-0€"
APPROVAL RECOMMENDED APPROVED AS TO FORM AND
LEGALITY FOR KISD
1�,rChief Joel F. Fitzgerald l
Chief of Police </JW
D Attorney
Date: 00I-1(e- I ; 1
Date:
APPROVED AS TO FORM AND
LEGALITY FOR CITY OF FORT ATTEST
WORTH
Mary J. Kays .U,p
Matthew A. Murray City Secretary
Assistant City Attorney ®� f
Date: _ C
Date: el-Z-7—t-7 M&C No.
Form 1295 Certification No:NOT REQUIRED
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
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OFFICIAL RECORD
Name CITY SECRETARY
Title Otic k- c,- t'u�•�Ci S 'e >t FT.WORTH,TX
KISD&CFW FY 2018 SRO Interlocal Agreement Page 9 of 12
EXHIBIT A
SCOPE OF SERVICES
1. City, through the commander of the SRO 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 three (3) City police officers assigned to the District for the SRO 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 SRO
Program. The Lieutenant shall command the SRO 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 SRO 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 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 SRO 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
KISD&CFW FY 2018 SRO Interlocal Agreement Page 10 of 12
designate a commander to be responsible for maintenance and dissemination of these
plans.
7. All police personnel assigned to the SRO 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.
KISD&CFW FY 2018 SRO Interlocal Agreement Page 11 of 12
EXHIBIT B
PAYMENT SCHEDULE
District will remit 1 1 payments at $20,853.76 per month within 30 days of receipt of an invoice
from the City and a final payment due in the amount of$20,853.76.
$20,853.76 x 11 =$229,391.36
Final Payment= $ 20,853.76
Total Payments $250,245.12
KISD&CFW FY 2018 SRO Interlocal Agreement Page 12 of 12
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,# M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA Fo` N
REFERENCE ** 35SCHOOL RESOURCE
DATE: 9/26/2017 NO.: C-28404 LOG NAME: OFFICER PROGRAM FY 18
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of Agreements with the Fort Worth, Keller, Eagle Mountain Saginaw,
Crowley, Northwest, and Lake Worth Independent School Districts, and Lena Pope Home,
Inc., to Operate the School Resource Officer Program (Formerly the School Security
Initiative Program) for Fiscal Year 2018 in the Total Program Amount of$5,338,562.64
(CCPD Funded) (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of the School Resource Officer
Program Agreements with the Fort Worth, Keller, Eagle Mountain Saginaw, Crowley, Northwest, and
Lake Worth Independent School Districts, and Lena Pope Home, Inc., to operate the School
Resource Officer Program for Fiscal Year 2018 in the total program amount of$5,338,562.64.
DISCUSSION:
The Fort Worth Police Department(FWPD) and area school districts work together to provide youth a
safe educational environment by providing FWPD officers at schools within the city limits of Fort
Worth. Under the School Resource Officer Program, operational costs, equipment funds, and
personnel costs are provided through the Crime Control Prevention District(CCPD) budget, which is
then reimbursed pursuant to the terms of the Agreements with each school district and Lena Pope
Home, Inc.
For Fiscal Year 2018, a total of 73 officers are assigned to the School Resource Officer Program with
a total budget of$8,686,560.00, of which $5,338,562.64 will be allocated for the School Resource
Officer Program Agreements with the school districts and Lena Pope Home, Inc. The participating
school districts, and Lena Pope Home, reimburse CCPD for 50 percent of operating and personnel
costs for 64 of the 73 positions. The remaining nine supervisor and relief positions, consisting of two
relief officers, one detective, five sergeants, and one lieutenant, are reimbursed to CCPD at 100
percent. The reimbursement costs of the supervisor and relief positions are apportioned to each
participant based on the number of officers assigned to each school district.
During the term of these contracts, October 1, 2017, through September 30, 2018, each participant
will have a set number of officers assigned to them as follows:
- Fort Worth ISD will have 43 officers assigned to them at a cost of$3,586,846.77.
- Eagle Mountain Saginaw ISD will have five officers assigned to them at a cost of$417,075.21.
- Cowley ISD will have five officers assigned to them at a cost of$417,075.21.
- Keller ISD will have three officers assigned to them at a cost of$250,245.12.
- Lake Worth ISD will have one officer assigned to them at a cost of$83,415.04.
- Northwest ISD will have six officers assigned to them at a cost of$500,490.25.
- Lena Pope Home will have one officer assigned to them at a cost of$83,415.04.
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 $5,338,562.64.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that, contingent upon adoption of the Fiscal Year 2018 Budget by
City Council, funds will be available in the Fiscal Year 2018 Budget of the Crime Control and
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=25001&councildate=9/26/2017 9/27/2017
M&C Review Page 2 of 2
Prevention District Fund and the Police Department is responsible for verifying the availability of
funds prior to an expenditure being made. The Police Department is responsible for the collection
and deposit of funds due to the City.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID I I ID I Year Chartfield 2
Submitted for City Manager's Office by: Valerie Washington (6199)
Originating Department Head: Joel Fitzgerald (4231)
Additional Information Contact: Tiffany Moore (4223)
ATTACHMENTS
Form 1295 FW Police for JJAEP.pdf
http://apps.cfwnet.org/council_packet/mc—review.asp?ID=25001&councildate=9/26/2017 9/27/2017