HomeMy WebLinkAboutContract 52855 `�P_ CSC No. 52855
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G\�yoS��R CROWLEY 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 Jesus J.
Chapa, its duly authorized Assistant City Manager, and the Crowley Independent School District
("CISD"), a political subdivision of the State of Texas located in Tarrant County and a legally
constituted Independent District("District"), acting by and through Dr. Michael D. McFarland 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 assitance 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:
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 al
purposes. In the event of any conflict between the terms and conditions of Exhibits A and B and the
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
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, 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 District shall pay City$442,635.69 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
five (5) police officers, which does not include the command stiff, 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
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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 Citywithin 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 Nun-appropriation ol'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 services rendered
and District shall remit payment in full within thirty(30)days after the date of such invoice.
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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 o-interest related to services under
this Agreement. In the event that any conflicts of interest aril- after the Effective Date of this
Agreement. District hereby agrees immediately to make full disc osure to the City in writing.
5.2 Confidential Information. District, for itself and ` officers, agents and employees.
agrees that it shall treat all information provided to it by the ("ity as confidential and shall not
disclose any such information to a third party without the prior written approval ofthe City.
5.3 Unauthorized Access. District shall store and mai stain City information in a secure
manner and shall not allow unauthorized users to access, modif), 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 C►istrict, or any District Personnel,
has access to any federal law enforcement database or an;y federal criminal history record
information system, including but not limited to Fingerprint: Identification Records System
('FIRS"), Interstate Identification Index System ("Ill System"),National Crime Information Center
("NCIC")or National Fingerprint File("NIFF"),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 working hours to all
necessary District facilities and shall be provided adequate and ia)propriate work space in order to
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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 CONTIR.ACTOR.
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,oremployees 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 REGARDINGAGE.
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 9, 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
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.
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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 I I 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 (I) 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 CISE,
Attn:Jesus.J. Chapa Attn: Dr. Michael McFarland
Assistant City Manager Superintendent
200 Texas Street 512 Peach Street
Fort Worth, Texas 76102-631 1 Crowley,Texas 76036
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.
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 )r to assert any such right on any
future occasion.
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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 ofTexas, Fort Worth Division.
16. SEVERABILITY.
Ifany provision ofthis 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 NO"r 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.
20. REVIEW OF COUNSEL.
The Parties acknowledge that each Party has had the opportunity to have their attorney review
and revise 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.
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21. AMCNDIVIEN'CS.
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 AND ELECTRONIC SIGNATURE4.
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 PAGE INTENTIONALLY LEFT BLANK]
CISD&CFW FY 2020 SRO Interlocal Agreement Page 8 of 12
APPROVED AND AGREED FOR CITY APPROVED AND AGREED FOR CISD
OF FORT WORTH
Jesus J.Chapa(Sep 27, 019)
Jesus J.Chapa Dr. Michael . McFarland
Assistant City Manager Superintendent
Date: Date:
APPROVAL RECOMMENDED
Edwin Kraus
.:wain Kraus(Sep 27,2019)
Edwin Kraus
Chief of Police
Date: ATTEST
APPROVED AS TO FORM AND Mary J.J Kayser
Y .�1.
LEGALITY FOR CITY OF FORT City Secretary
WORTH
Date:
Matt Murray(Sep 27,2019) _ M&C No.
Matthew A. Murray T —
Assistant City Attorney
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 perfannance and reporting requirements.
4— k%=
Sasha Kane(Sep 227,2019)
Sasha Kane
Contract Compliance Specialist
CISD&CFW FY 2020 SRO Interlocal Agreement Page 9 of 12
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
EXHIBIT A
SCOPE OF SERVICES
1. City, through the commander of the SRO Program,shal I 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 Five (5) City police officers assigned to .he 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 reu uest for additional Police Officers to City ten(19)months prior to the start
of a new Fiscal `•ear(the end of the month of Decemher .
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, FW PD officers frorn 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 'C'hief of Police shall designate a
commander to be responsible for maintenance and dissemination of these plans.
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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
District will remit I 1 payments at$36,886.31 per month with}n 30 days of receipt of an invoice
from the City and a final payment due in the amount of$36,886.28.
$36,886.31 x I I =$405,749.4 I
Final Payment= ' 36 880.,'8
Total Payments $442,635.69
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