HomeMy WebLinkAboutContract 42237CITY SECRETARY
CONTRACT NO. deip--Sle
INTERLOCAL AGREEMENT FOR SCHOOL SECURITY SE C:r;s
EAGLE MOUNTAIN-SAGINAW
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
Charles W. Daniels, its duly authorized Assistant City Manager, and the Eagle Mountain
Saginaw 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 Dick Elkins, its duly authorized School Board President.
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:
1. 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 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. Replacement
officers, when ,available, will be assigned to District when the assigned police officer's absence
rs As iteacitencLeSSEd of time.
CITY SECRETARY
FT. WORTH, TX
09-03-1 1 A09:37 OUT
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) that are 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. EMERGENCY RESPONSE PLANS
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. 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 four (4) City police officers assigned to the
District for the School Security Initiative Program. In addition, there shall be one (1) corporal,
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 District during 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 Fiscal year (the end of the month of December).
5. CONSIDERATION
District shall pay to City $305,712.00 ("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, 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 within thirty (30)
calendar days following receipt of an official invoice Invoices shall be provided on a monthly
basis.
6. TERM
The term of this Agreement is for a period beginning on October 1, 2011, and ending on
September 30, 2012. This contract may be renewed a maximum of four times on an annual basis
through the execution by both parties of an addendum setting forth a new term of the contract,
increasing the amount receivable under the contract if necessary based 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 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. City and District shall make all payments under this
Agreement from current revenues available to the paying party.
8. TERMINATION AND FINAL PAYMENT
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 Distnct 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. CURE OF BREACH
District and City covenant and agree that in the event either party fails to comply with, or
breaches, any of the terms or 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. MONITORING
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. INDEPENDENT CONTRACTOR
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 Respondeat
Superior for the acts and omissions of the officers, members, agents, servants, employees or
officers of the other. Nothing in this Agreement shall waive any statutory or common-law
immunity or defense of City or District.
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 may be 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 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.
14. NO DISCRIMINATION
City and District, in the execution, perfouunance 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. SEVERABILITY
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
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. VENUE
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 and
jurisdiction for said actions shall be in state courts 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.
19. ENTIRE AGREEMENT
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. NOTICE PROVISIONS
Notices to District shall be deemed given when delivered in person to the Superintendent
of District, or on 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
1200 Old Decatur Road, Saginaw, Texas 76179.
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.]
APPROVED FOR
CITY OF FORT WORTH:
Ch. . Daniels
Assistant City Manager
Date: Of, a4.
APPROVED AS TO FORM AND
LEGALITY:
T
Assistant City Attorney
Date: ��2°�%/ I
ATTEST:
City Secretary
Date: R�\ \`
APPROVED FOR EAGLE MOUNTAIN
SAGINAW INDEPENDENT SCHOOL
DIS
Dick Elkins
School Board President
Date: . ISIThil
sts5;,,, SovijMSISD Attorney
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
1
M&C - Council Agenda Page 1 of 2
Cirnj . f B "orLL'orit P/Vorth, Texas
Mdapc_y_ir and Gnu_ rt ci] Cuff rr.
DATE: Tuesday, August 23, 2011
LOG NAME: 35PDSSIFY12
SUBJECT:
rticatuan
REFERENCE NO.: C-25127
Authorize Execution of School Security Initiative Contracts with the Fort Worth, Crowley, E� acle3
Mountain/Saginaw and Lake Worth Independent School Districts and the Lena Pope Home for School Year
2011-2012 in the Amount of $3,821,399.00 and Authorize Up to Four One -Year Extensions for These
Contracts (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of school security initiative contracts with the Fort Worth, Crowley, Eagle
Mountain/Saginaw and Lake Worth Independent School Districts and the Lena Pope Home to operate the
School Security Initiative in the amount of $3,821,399.00; and
2. Authorize the option to extend the contracts for up to four one-year periods by addendum agreeable to
all parties without further action from the City Council.
DISCUSSION:
The Fort Worth Crime Control and Prevention District (CCPD) budget for Fiscal Year 2012, 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 by the respective
school districts for one-half of the personnel costs of 50 officers. The money is deposited into the CCPD
account. The school districts will also reimburse the CCPD the full cost of one corporal, four sergeants,
one lieutenant and two relief officers assigned to the program. The reimbursement costs for the corporal,
sergeants, lieutenant and two 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, 2011 through September 30, 2012, the Crowley
Independent School District will have four officers, Eagle Mountain/Saginaw Independent School District
will have four officers and Lake Worth Independent School District will 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, four
sergeants, one lieutenant and two relief officers will be assigned to the School Security Initiative with 100
percent reimbursement from the school districts apportioned based on 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 $3,821,399.00.
This is a continuation of a program funded by the CCPD
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that the Police Department is responsible for the
collection and deposit of funds due to the City.
FUND CENTERS:
http://apps.cfwnet.org/ecouncil/printmc.asp?id=15745&print=true&DocType=Print 8/22/2011
M&C e Council Agenda Page 2 of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
GR79 451663 0351000 $3.821.799.00
CERTIFICATIONS:
Submitted for City Manager's Office by:
Oriainatincr Department Head:
Additional Information Contact:
ATTACHMENTS
1. accountverification.doc (CFW Internal)
Charles W Daniels (6199)
Jeffrey W. Halstead (4210)
Gerald L. Chandler (4219)
http://apps.cfwnet.org/ecouncil/printmc.asp?id=15745&print=true&DocType=Print 8/22/2011