HomeMy WebLinkAboutContract 35688 CITY SECRETARY
CONTRACT No..
PfrFJZLOCA•L AGREEMENT FOR SCHOOL SEA S VZCES
This went("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 Lake 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 its duly authorized
Superintendent.
REMAiS
This Agreement is made under the authority granted to the City and the District pursuant
to the Texas Govemment Code, Chapter 791, known as the INTti WCAL COOPERATION
ACT.
WHEMAS,the citizens of Fort Worth and City's City Council have determined that the
security of students is paramount;and
WHEREAS, District wishes to participate in City's School=with
Initiative Program
through which City provides school security to participating school 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
heaeum expressed,the parties agree as follows:
AGREEMENT
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 worts directly with the Dist rids 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 rigbi,however, i
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 coverage. City shall not provide replacements
for officers who are off of work due to tonal injury and the Contract Amount shall not be
reduced or amended due to such absence unless agreed by both parties in writingROD
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2.
City shall provide all law•enforcement training and certification, vehicles and police
+ went, 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.
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The Fort Worth Police Dot shall maintain emergency response plans for every
school whin their jurisdiction. 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. Cup's Chief of Police shall designate it commander to be responsible for
maintenance and dissemination of these plans.
4.
District covenants and agrees to folly cooperate with the City of Fort Worth m the
implementation of the School Security Initiative Program within the schools of the District.
During the term of this Agreement there shall be one(1)City police officer assigned to the
District for the School Security Initiative Program. In addition,there shall be 1 corporal,5
sergeants,and 1 lieutceant assigned to the School Security Initistive.Program which shall be
commanded by the police lieutenant. Additional officers will not be provided District during the
current school year contract. The District is required to submit a written request for additional .
Police Officers,to City,nine months prior to the start of a new school year.
5.
District shall pay to City S62,402.00( Contract Amount")for City's provision of security
services through the School Security Initiative Program. Such Contract Amount is based upon
fixed expenditures for personnef 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 Offfer Pay,Bilingual Pay,FLSA.,
Court Attendance Costs,Medicare,Workers Compensation Insurances Group Health Insurance,.
and Retirement The contract amount also 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 Program officers assigned to
each participating school district The personnel costs incurred by the City in this project for the
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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. In addition,the contract
amount includes an apportioned share of the patrol vehicles'administrative operating fee assigned
to the School Security Initiative Program prorated to each participating school district
It is understood and agreed that District shall remit fiends to the City m a timely manner
following receipt of an official invoice.Invoices shall be provided on a monthly basis.
6.
The tem of this Agreement is for a period beginning on October 1, 2007, and ending on
September 30,2008.
7.
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 fiords from the Fort Worth Crone Control .
and Prevention District are not timely forthcoming, in whole or in part, City may, at its sole
discretion,terminate this Agreement.
8.
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 tmminated 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 the appropriately prorated unpaid balance due on the Contract
Amount for services rendered and District shall remit payment in fall within sixty(60)days after
the date of such invoice:
9.
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 j
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 tb declare this agreement
immediately terminated,and neither party shall have further responsibility or liability hereunder.
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.10.
District covenants and agrees to fully cooperate with City in monitoring the effectiveness
of the smrvices 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
sabject 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 properly
belonging to District, its officers, members,. agents, employees, subcontractors, program
participants,licensees or invitees,which may be lost,stoles,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 sabcontrw ors,while engaged in performing this Agreement
shall, in connection with the employment; advancement, or discharge of employees, or in
connection with the tams, 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.
(pity 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,
disabrlity, color, national origin, or familial*status, nor will Contractor permit its agents,
employees,subcontractDrS 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 determined to be invalid by a court or federal
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or state agency, board or commission having jurisdiction over the subject matter thereof, such
invalidity shall not affect other provisions which can be-givert effect without the invalid provision.
16.
The Mure of City or District to insist upon the perfomianoe of any term or provision of
this Agreement or to exercise any right herein confeaed shall not be construed as a waiver or
relinq[rishment to any extent of City's or District's right to assert or rely upon any such tern or
right on any futm occasion.
17. ,
Should any action,whether real or asserted,at law or in equity,arise out of the execution,
performance, attempted performance or non-perforce of this Agreement, venue for said
action shall lie in Tanv&County,Texas.
18.
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 perFOimed hereunder, and any prior or contemporaneous, oral or
watten agreement which purports to wary 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 6800 Telephone Road,Lake Worth,Texas 76135.
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 mall, certified or registered mail, return receipt
requested,and postage paid at 1000 Throckmorton,Fort Wroth,Texas 76102.
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IN WITNESS WMRF.,OF, the psrti hereto ha ex cafieci'. .s a in multiples
in Fort Worth,Tauaat County,Texas,this 4F of ,A.D.2007.
ATTEST: CITY OF O RTH
I City S Jce
Assistant City Manager
APPROVED AS TO FORM UtALRT.
f-aiu� Gtn.s1�. we6da,ff-z jt-
Assistant City Attomey ' Lake Worth ISD Attorn�cy
Date: , 23 30.9"7 I Datei �- Q� o-
ATTEST. LAKE WORTH INDEPENDENT
SCHOOL DISTRICT
By:
SUP ENT
. Con r cctlAuthorization
OU
DazL MOE
R WOM, TEX
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/21/2007
DATE: Tuesday, August 21, 2007
LOG NAME: 35SSISY08 REFERENCE NO.: **C-22325
SUBJECT:
Authorize the City Manager to Execute School Security Initiative Contracts with Various
Independent School Districts and the Lena Pope Home for FY2007-2008
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 FY2007-2008 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 personnel costs by the
respective school districts for the School Security Officers assigned to the schools each day. In addition 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, 2007 through September 30, 2008), the Keller Independent
School District will have five officers, Crowley Independent School District will have three officers, Eagle
Mountain/Saginaw and Northwest will have two officers, Everman and Lake Worth Independent School
Districts 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 $3,432,135.
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.
Logname: 35SSISY08 Page 1 of 2
TO Fund/AccountlCenters FROM Fund/Account/Centers
GR79 451663 0351000 $3,432,135.00
Submitted for City Manager's Office by: Joe Paniagua (6575)
Originating Department Head: Kara Shuror (4221)
Additional Information Contact: Ralph Mendoza (48386)
Logname: 35SSISY08 Page 2 of 2