HomeMy WebLinkAboutContract 40986CITY SECRETARY
CONTRACT NO.,
INTERLOCAL AGREEMENT FOR SCHOOL SECURITY SERVICES
KE[LLER INDEPENDENT SCHOOL DISTRICT
This agreement ("Agreement") is nude and entered into between the City of Fort Worth,
a home rule municipal corporation of the State of Texas ("City"), acting by and through Tom
Higgins, its duly authorized Assistant City Manager, and the Keller 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 Board of Trustees.
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, 'I'H E'REi{CARE, in consideration of the mutual covenants, promises and agrrcenlents
herein expressed, the parties agree as follows:
I. ASSIGNMENT OF POLICE OFFICERS
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 ti om 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. Replacement
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officers, when available, will be assigned to District when the assigned police officer's absence is
for an extended period of time.
2. DUTIES AND RESPONSIBILITIES
City shall provide to the officers assigned to the School Security Initiative Program all the
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 Pi ogr un. District shall provide any radio equipment necessary to allow the assigned
officers to communicate with District stag.
3. EMERGENCY RESPONSE PLANS
The Fort Worth Police Department shall maintain emergency response plans for every
school s ithin 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 i iformation 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. NUMBER. OF POLICE: OFFICERS
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 seven (7) City police officers assigned to the
District for the Scho )1 Security Initiative Program. In addition, there shall be one (1) corportd,
five (5) sergeants, three (3) relief police officers and one (1) lieutenant assigned to the School
Security Initiative Program which shall be commanded by the police lieutenant. Additional
officers will not be provided to Dist ict dui ing the current school .year contract. The District is
required to submit a written request for additional Police Officers to City ten (10) months prior to
the start of a new Fiscal year (tlie end of the month of December).
5. CONSIDERATION
District shall pay to City $549,465.00 ("Contract Amount"') for City's provision of security
services through the. School Security lnitiati e 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, Sahry
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 allparticipating 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 par-t'cmpating school district. The personnel costs incurred by the City in this project tor the
command staff include Base Pay, Salary Increases, Overtime, Longevity Pay, lncenti\ e Pay,
Acting Officer Pay, Bilingual Pay, F.LSA, Court Attendance Costs, Medicare, Workers
Compensation lnsurince, 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 remitfunds to the City within 30 calendar
days following receipt of an official im owe. Invoices shall be provided on a monthly basis.
6. TERM
The terra of this. Agreement is for period beginning on October 1, 20.10, and ending on
September 30, 201 I . This contract may be renewed a maximum of four times on an annual basis
through the execution by both partiesof an addendum setting forth a new term of the contract,
increasing the amount receivable made under the contract rased on increases in the costs of
providing the services called for in the contract, and any other changes agreeable to both parties.
7. CONTINGENCY OF AGREEMENT
it is expressly understood and agreed by and between the partieshereto 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 time Fort Worth Crime Control
and Prevention District are nottimely forthcoming, in whole or i m part City may, at its sole
discretion, ternminate this Agreement. City and District shall make all payments under this
Agreement from current revenues available to the paying party.
8. TERMINATION AND FINAL PAYMENT
This Agreementmay 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 noticeshall 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 ofsuch 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.
�. CURE OF I3R.EACH
District and City covenant and agree that in the EN ent either party fails to comply with, or
breaches any of the terms or provisro is 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. En 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-breriching party shall h ive the i tght to declare th's agreement
immediately terminated, and neither party shall have further responsibility or liability hereunder.
10. MONITORING
District covenants and agrees to fully cooperate with City in monitoring the effectiveness
of the services and work to be performed wwith the District under this Agreement, and City shall
have access at all reasonablehours to offices and i ecords 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 'l"exas Public information Act and the
Family Educational Rights and Privacy Act (FERPA).
11. INDEPENDENT CONTRACTOR
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 actsand omissions of its
officers, members, agents, servants, and employees• City shall operate. hereunder as an
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. Nothing in this agteement shall waive any statutory or common-law immunity or
defense of City or District. Neither City nc r District shall be responsible under the Doctrine of
Respondeat Superior for the acts and omissions of the officers, members, agents, servants,
employees, or officers of the other.
12. 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 maybe lost, stolen, destroyed or in any way damaged.
District shall in no way nor under any circumstances be responsible for any property belonging to
City, its officers, members agents, employees, subcontractors, program participants, licensees, or
invitees, which. may be lost, stolen, destroyed, or in any way damaged.
13. PROVISIONS REGARDING AGE
City and District each covenant that neither it nor any of its officers, members, agents,
employees, progi am 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 bee ruse of their age, except on the basis of a bona fide occupational qualification,
retirement plan, or statutory requirement.
14. NO DISCRINATION
City and District covenant and agree that in the execution, perfomnance or attempted
performance of this Agreement, neither will discriminate against any person or persons because
of sex, race, religion, age, disability, color, national origin, or familial status, nor will either party
permit its agents, employees, subcontractors or program participants to engage in such
discrimination.
15. SEVERABJL.ITY
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.
16. NO WAIVER
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
rel nquishment to any extent of Cities or Districts right to assert or rely upon a zy such term or
right on any future occasion.
17. VENUE
Should any action, whether real or asserted, at law or in equity, arise out of the execution,
performance, attempted performance or non-pei formance of this Agreement, venue for said
action shall lie in Tarrant County, Texas.
18. 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.
ENTIRE AGREEMENT
This written instrument constitutes the entire agreement by the parties hereto concerning
the work and services to be performed hercundei, and any prior or contemporaneous, oral or
written ngreement which purports to vary from the terms hereof shall be void.
20. NOTICE PROVISIONS
Notices to District shall be deemed given when delivered in person to the Superintendent
of the District or on the next business day after the mailing of said notice addressed to said
District by United States mail, certified of registered mail, return receipt requested, and postage
paid at 350 Keller Parkway, Keller, Texas, 76248.
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 saicl notice
addressed to said City by United States nail, certified or registered mail, return receipt
requested, and postage paid at l OUt) Throckmorton, Fort Worth, Texas 76102.
APPROVE» FOR
CITY OF FORT WORTH:
•
Tom Higgins
Assistant City Manager
Date
: /61/9/0
APPROVED FOR KELLER
g%. INDEPENDENT SCHOOL DISTRICT:
APPROVED AS TO FORM AND
LEGAL ITY:
ijOL
Monica \Vo librd ' od
Assistant City Attorney
Date:
ATTEST:
City Secretary
Date: r \PPV\\ k D
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OFFICIAL RECORD
CITY SECRETARY
F?. WORTH, TX
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/14/2010
DATE: Tuesday, September 14, 2010 REFERENCE NO.: C-24450
LOG NAME: 35PDSSISY2010
SUBJECT.
Authorize the Execution of School Security Initiative Contracts with the Fort Worth, Keller, Crowley, Eagle
Mountain/Saginaw, Northwest, Everman, and Lake Worth Independent School Districts and the Lena Pope
Home for School Year 2010-2011 in the Amount of $4,640,452.00
RECOMMENDATION:
It is recommended that the City Council:
1. 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; and
2. Authorize the contracts to be extended for up to four one-year periods by addenda agreeable to both
parties without further action from the City Council.
DISCUSSION:
The Fort Worth Crime Control and Prevention District (CCPD) budget for Fiscal Year 2011, as adopted,
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 59 officer
personnel costs by the respective school districts. That money is deposited into the CCPD account. The
school districts will also reimburse the CCPD the full cost of one corporal. five sergeants one lieutenant
and three relief officers assigned to the program. The reimbursement costs for the corporal, sergeants,
lieutenant, and three relief officers are apportioned to each district based on the number of officers
assigned to each school district.
During the term of these contracts, October 1, 2010, through September 30 2011, the Keller Independent
School District will have six officers, Crowley Independent School District will have four officers, Eagle
Mountain/Saginaw will have four officers, Northwest will have two officers, and 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, one lieutenant and
three relief officers 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 annual
reimbursement amount is $4,640,452.00.
This is a continuation of a program funded by the CCPD.
FISCAL INFORMATION / CERTIFICATION:
The Financial Services Director certifies that the Police Department is responsible for the collection and
deposit of funds due to the City.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
http://apps.cfwnet org/ecounciUprintmc.asp?id=13956&print=true&DocType=Print 10/14/2010
Page 2 of 2
GR79 451663 0351000 $4.640.452.00
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Tom Higgins (6192)
Jeffrey W. Halstead (4210)
Monique Lee (4221)
ATTACHMENTS
1. accountverification.doc (CFW Internal)
http://apps.cfwnet org/ecounciUprintmc.asp?id=13956&print---true&DocType—Print 10/14/2010