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HomeMy WebLinkAboutContract 35766 CITY SECRETARY r7& �ONTRAC`,T NO. f(U CONSENT AGENDA ITEMS BOARD MEETING August 14, 2007 i 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 2007-2008 school year includes services for 40 officers, 1 corporal, 5 sergeants and 1 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 50150 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 2007-2008 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. FUNDING SOURCE: Funded by General Fund COST: $2,496,098 ir1 F u j RATIONALE: FWISD has partn�red with the City of Fort Worth to provide school security for many years. The benefits of this collaborative agreement provide police services to each high school, middle schools and elementary schools when needed. INFORMATION SOURCES: Walter Dansby Cecelia Speer Randy Roberson Bertha Whatley 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 determined 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 coverage. 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. -I- 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 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 designate a commander to be responsible for maintenance and dissemination of these plans. 4. 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. 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 $2,496,098.00 ("Contract Amount")for City's provision of security services through the School Security Initiative Program. Such Contract Amount is based upon fixed expenditures for 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. 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 command staff include Base Pay, Salary Increases, Overtime, Longevity Pay, Incentive Pay, -2- 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 funds to the City in a timely manner following receipt of an official invoice. Invoices shall be provided on a monthly basis. 6. The term 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 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. 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 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 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. 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 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. 10. -3- 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 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 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. -4- 16. 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. 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 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 100 North University Drive, Fort Worth, Texas 76107. 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 REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.] -5- IN WITNESS WHEREOF, the parties hereto .hqvq executed t is greement in multiples in Fort Worth, Tarrant County, Texas,this ay of , A.D. 2007. ATTEST: CIT�' OF FORT WORTH �i City Secret Joe Ran'agua Assistant City Manager APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney FWISD AtIorneyl \j &4 Date: 9 5-- Date: Q� ATTEST: FORT WO TH INDEP NDENT SCH IS FWISIV elo o so Supe mtende �r.tr i Aut orization U ^-ate i"0 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 Pagel of 2 TO Fund/AccountlCentom 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