HomeMy WebLinkAboutContract 52853 CSC No. 52853
RECEIVED
SEP 2 7 2019
CiTY0FF08TW0RTH AGREEMENT FOR THE SCHOOL RESOURCE OFFICER PROGRAM
RE7Any
CITYSEC
LENA POPE HOME,INC
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 Jesus J.
Chapa, its duly authorized Assistant City Manager, and the Lena Pope Home, Inc., a non-profit
organization located in Tarrant County ("Agency"), acting by and through Shnease Webb, its duly
authorized Interim Chief Executive Officer.
RECITALS
WHEREAS,the citizens of Fort Worth and the City Council have determined that the security
of students is paramount;
WHEREAS, Agency wishes to participate in the School Resource Officer Program ("SRO
Program']through which City provides school security assistance to participating area schools 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
Agency("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:
The Agreement documents shall include the following:
1. This Agreement for the SRO Program
2. Exhibit A—Scope of Services
3. Exhibit B—Payment Schedule
Exhibits A and B, attached hereto are incorporated herein and made a part of this Agreement for all
purposes. In the event of any conflict between the terms and conditions of Exhibits A and B and the
terms and conditions set forth in the body of this Agreement,the terms and conditions set forth in the
body of this Agreement shall control.
The term "Agency" shall include the Agency, and its officers, agents, employees, representatives,
servants, contractors or subcontractors.
Lena Pope Home,Inc.&CFW FY 2020 SRO Agreement (#FWiAL2kECORD
CITY SECRETARY
FT. WORTH,TX
The term"City"shall include its officers,employees,agents,and representatives.
The term"Party"shall refer to either the City or the Agency.
The term"Parties"shall refer to both the City and the Agency.
1. SCOPE OF SERVICES.
City hereby agrees to provide the Agency with school security services for the purpose of
creating a safe educational environment,in partnership with the Agency.The City will provide Fort
Worth Police Department("FWPD")officers at Agency schools within the territorial limits of Fort
Worth. The Agency 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 1,2019("Effective Date")and shall continue in
full force and effect until September 30, 2020, unless terminated earlier in accordance with the
provisions of this Agreement.
3. CONSIDERATION.
The Agency shall pay City$88,527.14 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
one (1) police officer, which does not include the command staff, assigned to the Agency. The
Agreement amount also includes the Agency'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
addition, the Agreement amount includes the Agency'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.
Lena Pope Home,Inc.&CFW FY 2020 SRO Agreement Page 2 of 12
It is understood and agreed that Agency shall remit funds to the City within thirty(30)calendar
days following receipt of an official invoice. Invoices shall be provided by City to Agency 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 Agency 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 Agency 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 Agency
shall pay City for services actually rendered up to the effective date of termination and City
shall continue to provide the Agency with services requested by the Agency 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 Agency a final invoice
for the appropriately prorated unpaid balance due on the Agreement Amount for services
rendered and Agency shall remit payment in full within thirty(30)days after the date of such
invoice.
S. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL.IY FORMATI^N.
5.1 Disclosure; of Conflicts. Agency hereby warrants to the City that Agency has made
full disclosure in writing of any existing or potential conflicts of interest related to services under
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this Agreement. In the event that any conflicts of interest arise after the Effective Date of this
Agreement,Agency hereby agrees immediately to make full disclosure to the City in writing.
5.2 Confidential Information.Agency, 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. Agency 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.Agency 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,
Agency 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 Agency, or any Agency 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,
Agency 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.
Agency 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 Agency involving transactions relating to this Agreement at no additional
cost to the City. Agency agrees that the City shall have access during normal working hours to all
necessary Agency 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 Agency
reasonable advance notice of intended audits.
Section 6 shall survive the termination or expiration of this Agreement.
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7. INDEPENDENT CONTRACTOR.
Agency 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 Agency. City shall be solely responsible for the acts and omissions
of its officers,members, agents, servants,and employees. Agency shall be solely responsible for the
acts and omissions of its officers,members,agents,servants,and employees.Neither City nor Agency
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 Agency.
8. PROPERTY LOSS.
City shall in no way nor under any circumstances be responsible for any property belonging
to Agency, 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 Agency 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
AGENCY SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY
LOSS,PROPERTY DAMAGE AND/OR PERSONAL INJURY,INCLUDING DEATH,TO ANY
AND ALL PERSONS,OF ANY HIND OR CHARACTER,WHETHER REAL OR ASSERTED,
TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S),
MALFEASANCE OR INTENTIONAL MISCONDUCT OF AGENCY, ITS OFFICERS,
AGENTS,SERVANTS OR EMPLOYEES.
AGENCY AGREES TO DEFEND,INDEMNIFY,AND HOLD THE CITY,ITS OFFICERS,
AGENTS,SERVANTS,AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS,
LAWSUITS, ACTIONS, COSTS, AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT
LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED
DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY RESULTING LOST PROFITS)
AND/OR PERSONAL INJURY (INCLUDING DEATH) THAT MAY RELATE TO, ARISE
OUT OF, OR BE OCCASIONED BY (1)AGENCY'S BREACH OF ANY OF THE TERMS OR
PROVISIONS OF THIS AGREEMENT OR (II) ANY NEGLIGENT ACT OR OMISSION OR
Lena Pope Home,Inc.&CFW FY 2020 SRO Agreement Page 5 of 12
INTENTIONAL MISCONDUCT OFAGENCY, ITS OFFICERS, AGENTS, ASSOCIATES,
EMPLOYEES, CONTRACTORS (OTHER THAN THE C'ITY), OR SUBCONTRACTORS
RELATED TO THE PERFORMANCE OF THIS AGREEMENT; EXCEPT THAT THE
INDEMNITY PROVIDED FOR IN THIS SECTION SHALL NOT APPLY TO ANY LIABILITY
RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS,
AGENTS,EMPLOYEES,OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT
AND CONCURRENT NEGLIGENCE OF BOTH AGENCY AND CITY,RESPONSIBILITY,IF
ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE
LAWS OF THE STATE OF TEXAS. NOTHING HEREIN SHALL BE CONSTRUED AS A
WAIVER OF THE CITY'S GOVERNMENTAL IMMUNITY AS FURTHER PROVIDED BY
THE LAWS OF TEXAS.
Section 10 shall survive the termination or expiration ol.this Agreement.
11. NON-DISCRIMINATION COVENANT.
Agency, for itself, its personal representatives, assigns, ;subcontractors and successors in
interest, as part of the consideration herein, agrees that in the performance of Agency'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 Agency, its personal representatives, assigns, subcontractors or
successors in interest, Agency 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 Lena Pope Home,Inc.
Attn:Jesus J.Chapa Attn: Shnease Webb
Assistant City Manager Interim Chief Executive Officer
200 Texas Street 3200 Sanguinet Street
Fort Worth, Texas 76102-6311 Fort Worth,Texas 76107
With Copy to the City Attorney
At same address
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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.
14. NO WAIVER.
The failure of the City or Agency 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
Agency'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 Agency
Court for the Northern Agency 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 Agency 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 goverrunent 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.
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19. APPROVAL OF AGREEMENT.
The governing bodies of City and Agency 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 Agency to sign this Agreement on behalf of the governing bodies.
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 Agency, 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 AND ELECTRONIC SIGNATURES.
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. A signature received via facsimile or electronically via email shall be as legally
binding for all purposes as an original signature.
[THE REST OF THIS PAGEINTENTIONALLt'LEFT BLAND
Lena Pope Home,Inc.&CFW FY 2020 SRO Agreement Page 8 of 12
APPROVED AND AGREED FOR CITY APPROVED AND AGREED FOR LENA
OF FORT WORTH POPE HOME,INC. /
Jesus
apaapa(�19)
Jesus J. Chapa Shnease Webb
Assistant City Manager Interim Chief Executive Officer q
Date: Date:
APPROVAL RECOMMENDED APPROVED AS TO FORM AND
Edwin Kraus LEGALITY FOR LENA POPE HOME
Edwin Kraus(Sep 26,2019)
Edwin Kraus
Chief of Police
Lena Pope Home Attorney
Date:
Date:
APPROVED AS TO FORM AND
LEGALITY FOR CITY OF FORT ATTEST E,
WORTH (� Q�FOf�T�o
Matt Murray(Sep 26,2oi9) 1�7 Mary J.Kayser
s
Matthew A. Murray City Secretary U`
Assistant City Attorney
Date: fit-"
Date: M&C No.
Form 1295 Certification No:
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.
Sasha KaneKane(Sip 6,2019)
Sasha Kane
Sr.Contract Compliance Specialist
OFFICIAL RECORD
CITY SECRETARY
Lena Pope Home,Inc.&CFW FY 2020 SRO Agreement FT. V65 .iX
EXHIBIT A
SCOPE OF SERVICES
1. City,through the commander of the SRO Program,shall assign FWPD officers to specific
schools within the Agency to provide school security and officers shall work directly with
the Agency's school principals.
2. There shall be one (1) City police officers assigned to the Agency for the SRO Program.
In addition, there shall be a command staff comprised of one (1) detective, five (S)
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 Agency during the Term of the Agreement. The Agency 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 Agency. 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 Agency when the assigned police officer's absence is for an extended period
of time.
S. 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. Agency shall provide any
radio equipment necessary to allow the assigned officers to communicate with Agency
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 Agency 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.
Lena Pope Home,Inc.&CFW FY 2020 SRO Agreement Page 10 of 12
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.
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EXHIBIT B
PAYMENT SCHEDULE
Agency will remit 11 payments at $7,377.26 per month within 30 days of receipt of an invoice
from the City and a final payment due in the amount of$6,902.77.
$7,377.26 x 11 =$81,149.86
Final Payment-- $ 7,377.28
Total Payments $88,527,14
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