HomeMy WebLinkAboutContract 35041CITY' S�CRETARI`��,�-�-��
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CONSENT AGENDA ITEMS
BOARD MEETING
November 14, 2006
TOPIC: INTERLOCAL AGREEMENT BETWEEN FORT WORTH
INDEPENDENT SCHOOL DISTRICT AND THE CITY OF
FORT WORTH — School Security Services
BACKGROUND:
Fort Worth Independent School District and the City of Fort Worth entered into an
interlocal contract in 1994 for the services of police officers in the School Security
Initiative. The agreement for the 2006-2007 school year includes the services for 40
officers, one corporal, five sergeants and one lieutenant. The initiative is a multi-faceted
cooperative program between FWISD and the Fort Worth Police Department to provide a
safe and secure environment for education. Personnel costs will be funded on a 50/50
shared basis with 50% being paid by the District and 50% paid by City with funds from
the Fort Worth Crime Control and Prevention District. Pay includes 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.
ALTERNATIVES:
1) Approve the 2006-2007 interlocal agreement between the District and the City
of Fort Worth.
2) Decline to approve interlocal agreement between the District and the City of
Fort Worth.
3) Remand to staff for further study.
SUPERINTENDENT'S RECOMMENDATION:
Approve the interlocal agreement between the District and the City of Fort Worth.
COST:
$ 2,209,160.00
FUNDING SOURCE:
$ 1,998,000.00 Amount funded by general fund for 2005-2006
$ 211,160.00 Additional sum requested to the funds currently in the general fund
$ 2,209,160.00 Total Cost of School Security Initiative
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RATIONALE:
FWISD has partnered with the City of Fort Worth to provide school security for many
years. The benefits of this collaborative agreement provides police services to each
school and together with District staff assists in creating a safe and secure environment
where teachers can teach and students can learn.
INFORMATION SOURCES:
Walter Dansby
Cecelia Speer
INTERLOCAL AGREEMENT FOR SCHOOL SECURITY SERVICES
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 Joe
Paniagua, its duly authorized Assistant City Manager, and the Fort Worth Independent School
District, a political subdivision of the State of Texas located in Tarrant County and a legally
constituted Independent School District ("District"), acting by and through Melody Johnson, its
duly authorized Superintendent.
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 of Fort Worth and City's City Council have detenilined that the
security of students is paramount; and
WHEREAS, District wishes to participate in City's School Security Initiative Program
through which City provides school security to participating school districts with facilities within
the City's city limits using City's police officers;
WHEREAS, City has received funds through the Fort Worth Crime Control and
Prevention District to assist in funding the School Security Initiative Program; and
NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements
herein expressed, the parties agree as follows:
AGREEMENT
1.
City, through the commander of City's School Security Initiative Program and in
conjunction with District personnel, shall assign police officers to specific schools within the
District to provide school security. Assigned officers shall work directly with the District's school
principals. Assigned officers shall have the School Security Initiative 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 other
circumstances require an enhanced police presence elsewhere in the City and school is not in
session. City shall coordinate assignment and duty hours with District. If necessary to handle
unplanned absences at schools, officers from units other than the School Security Initiative
Program may be assigned temporarily to provide covera�e. City shall not provide replacements
for officers who are off of work due to occupational injury and the Contract Amount shall not be
reduced or amended due to such absence unless agreed by both parties in writing.
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2.
City shall provide all law enforcement training and certification, vehicles and police
equipment, benefits, and insurance (including liability coverage) provided to all City's police
officers assigned to the School Security Initiative Program. District shall provide any radio
equipment necessary to allow the assigned officers to communicate with District staff.
3.
The Fort Worth Police Department shall maintain emergency response plans for every
school within their jurisdiction. These plans shall be kept confidential within the Fort Worth
Police Deparhnent 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 designate a commander to be responsible for
maintenance and dissemination of these plans.
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District covenants and agrees to fully cooperate with the City of Fort Worth in the
implementation of the School Security Initiative Program within the schools of the District.
During the term of this Agreement there shall be 40 City police officers assigned to the District
for the School Security Initiative Program. In addition, there shall be 1 corporal, 5 sergeants, and
1 lieutenant assigned to the School Security Initiative Program which shall be commanded by the
police lieutenant.
5.
District shall pay to City $2,209,160 ("Contract Amount") for City's provision of security
services through the School Security Initiative Program. Such Contract Amount is based upon
fixed expenditures for personnel costs of police officers assigned to the School Security Initiative
Program. The Contract amount represents 50% of all personnel costs incurred by the City for the
police officers assigned to the School Security Initiative Project, including Base Pay, Salary
Increases, Overtime, Longevity Pay, Incentive Pay, Acting Officer Pay, Bilingual Pay, FLSA,
Court Attendance Costs, Medicare, Workers Compensation Insurance, Group Health Insurance,
and Retirement. In addition, the Contract Amount represents an apportioned share of 100% of the
personnel costs of police command staff that are assigned to the School Security Initiative
Program. The full personnel cost for the command staff is shared by all participating school
districts, and the participating school districts pay a prorated amount of the command staff
personnel cost based on the number of School Security Initiative Pro�am officers assigned to
each participating school district. The personnel costs incurred by the City in this project for the
command staff include Base Pay, Salary Increases, Overtime, 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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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 monthly basis.
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The term of this Agreement is for a period beginning on October l, 2006, and ending on
September 30, 2007.
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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 Agreement.
:
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 teinzuiated and the effective date of the
termination. Within thirty (30) days after the effective date of such ternunation, City shall forward
to District a final invoice for the appropriately prorated unpaid balance due on the Contract
Amount for services rendered and District shall remit payment in full within sixty (60) days after
the date of such invoice.
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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 teinlinated, and neither party shall have further responsibility or liability hereunder.
10.
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
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subject to the limitations and requirements under the Texas Public Information Act and the
Family Educational Rights and Privacy Act (FERPA).
11.
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.
12.
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.
13.
City and District covenants that neither it nor any of its officers, members, agents,
employees, program participants, or subcontractors, while engaged in performing 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.
14.
City and District, 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 Contractor permit its agents,
employees, subcontractors or program participants to engage in such discrimination.
15.
The provisions of this Agreement are severable and if for any reason a clause, sentence,
paragraph or other part of this Agreement shall be deterxnined 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.
16.
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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.
17.
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 Agreement, venue for said
action shall lie in Tarrant County, Texas.
:
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.
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.
20.
Notices to District shall be deemed given when delivered in person to the Executive
Director of Agency, or the next business day after the mailing of said notice addressed to said
District by United States mail, certified or registered mail, return receipt requested, and postage
paid at
(address) _
Notices to City shall be deemed given when delivered in person to the Assistant City
Manager for Public Safety of the City, or the next business day after the mailing of said notice
addressed to said City by United States mail, certified or registered mail, return receipt
requested, and postage paid at 1000 Throckmorton, Fort Worth, Texas 76102.
[THE REMAII�]DER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.]
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IN WITNESS WHEREOF, the parti�s.hereto have e e ute this a�reement in multiples
in Fort Worth, Tarr�nt County, Texas, this J� day of � , A.D. 200�'"�
ATTES T:
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By:
City Secretar
APPROVED AS TO FORM AND LEGALITY:
By: i��� ,�;, ,,� ,�%� �-(,1�� � ���>G��.
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� � Assistant City Attorney, for
David Yett, City Attorney
Date: ;�- �`�t���(i�i
ATTEST:
CITY OF FQ�T� WORTH
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Joe �ania�ua
Assistant City Mana�er
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WISD Attorney ,
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/19/2006
DATE: Tuesday, September 19, 2006
LOG NAME: 35SECURITY
Page 1 of 2
REFERENCE NO.: **C-21694
SUBJECT:
Authorize Execution of School Security Initiative Contracts with Various Independent School
Districts and the Lena Pope Home for FY2006-2007
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute contracts with the Fort
Worth, Keller, Crowley, Eagle Mountain/Saginaw, Northwest, Everman, and Lake Worth Independent
School Districts and the Lena Pope Home to operate the School Security Initiative.
DISCUSSION:
The Fort Worth Crime Control and Prevention District (CCPD) budget for FY2006-2007 includes funds for
the School Security Initiative. Under the program, all operational costs, equipment funds and personnel
costs are provided by the CCPD. The City is then reimbursed for one-half of the officer personnel costs by
the respective school districts. The school districts will reimburse the City the full cost of one corporal, five
sergeants, and one lieutenant assigned to the program. The reimbursement costs for the corporal,
sergeants, and lieutenant will be apportioned to each district based on the number of officers assigned to
their school district.
During the terms of these contracts (October 1, 2006 through September 30, 2007), the Keller Independent
School District will have five officers; Crowley Independent School District will have three officers, Eagle
Mountain/Saginaw will have two officers, and Everman, Northwest and Lake Worth Independent School
District will each have one officer. The Fort Worth Independent School District will have 40 officers
assigned to the district. The Lena Pope Home will have one officer to staff the Tarrant County Juvenile
Justice Alternative Education Program. One corporal, five sergeants, and one lieutenant will be assigned to
the School Security Initiative with 100 percent reimbursement from the school districts apportioned to the
number of officers assigned to each respective district. Payments from the schools for the personnel costs
shall be rendered on a monthly basis. The total expected reimbursement amount is $2,982,366.00.
This is a continuation of a program funded by the CCPD.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Police Department will be responsible for the collection of revenues
due to the City under these agreements.
TO Fund/Account/Centers FROM Fund/AccountlCenters
http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 3/1/2007
GR79 451663 0351000 $2,982,366.00
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Joe Paniagua (6140)
Ralph Mendoza (4210)
Kara Shuror (4221)
Page 2 of 2
http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 3/1/2007