HomeMy WebLinkAboutContract 43756 (2)} STY SECRETARY
CONTRACT } .OD 1
INT 11-4,RL OCCA II , AGREEMENT FOR SCHOOL OOL SECURITY SE I't VICES
FORT 11 WORI
INDE1P 1KNDIi3IN
SCHOOL 1IIS'II,RIICCZ
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 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
Walter tansby, 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:
SSIGNIVIENT
F 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
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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
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
msurance (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.
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.
Dunng the term of this Agreement there shall be forty (40) City police officers assigned to the
District for the School Security Initiative Program. In addition there shall be one (1) detective,
four (4) sergeants, two (2) relief police officers, and one (1) heutenant 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 new Fiscal year (the end of the month of December).
5. CONSIDERATION
District shall pay to City $3,072,090.98 ('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 30 calendar
days following receipt of an official invoice. Invoices shall be provided on a monthly basis.
6. r T!{{JRIVL
,
The term of this Agreement is for a period beginning on October 1, 2012, and ending on
September 30, 2013. This contract may be renewed a maximums of four times on an annual basis
through the execution by both parties of an addendum setting forth a new tee-{ of the contract,
. _ . - . , ' _ , - .. _ . .. _ :. sett on increases in the costs of providing
the-cervxxic callQd for in the contract, and any other -chan-gam agreeable to both parties.
7. CONTINGENCY OF AGRE EMOENT
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
'Phis 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. 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. 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.
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 mvitees, 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 mvitees, 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, 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 District permit its agents,
employees, subcontractors or program participants to engage in such discrimination
15. SEVERABILITY
1 he 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 potential, at law or in equity, arise out of the
execution, performance, attempted performance or non-performance of this Agreement, venue
for said action shall he 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 parties.
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 Executive
Director of Agency, 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 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.
APPROVE FOR
CITY OF FORT WOR
APPROVED FOR FOR' WORTH
IN I;+;?KNDENT SCHOOL DISTRICT:
Charles W. Danie s Walter Dansby
Superintendent
Assistant City Manager
Date:
Jell*4y%Y. Halsiead /0. re,_
Chief of Police
PPROV KD AS TO FORM AND
LEGALITY:
Jessica sangsvang
Assistant City Attorney
Date: 1 it:
ATTEST:
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City Secre
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FWISD Attorney
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OFFICIAL RECORD
CITY SECRETARY
-6- La r. WORTH, TX
M&C Review
Page 1 of 2
Official site of the City of Fort Worth, Texas
FORTWORTII
nit COUNCIL AGENDA
•
COUNCIL ACTION: Approved on 9/11/2012
DATE: 9/11/2012 RI FG RENCE NO.: C-25828 LOG NAME: 35PDSSIFY13
COD: C TYPE: NON -CONSENT PUDIC
ENO
HEARING:
SUBJECT: Authorize Execution of School Security Initiative Contracts with Fort Worth, Crowley, Eagle
Mountain/Saginaw and Lake Worth Independent School Districts and the Lena Pope Home
for School Year 2012-2013 in the Amount of $3,916,916.00 (ALL COUNCIL DISTRICTS)
RFCOMMENDATION:
It is recommended that the City Council authorize the execution of School Security Initiative Contracts
with 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 $3,916,916.00.
DISCUSSION:
The Fort Worth Crime Control and Prevention District (CCPD) budget for Fiscal Year 2013, 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 located within the City of Fort Worth city limits for approximately one-half of
the personnel costs of 51 officers. The money is deposited into the CCPD account. The school
districts will also reimburse the CCPD the full cost of one detective, four sergeants, one lieutenant
and two relief officers assigned to the program. The reimbursement costs for the detective,
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, 2012 through September 30, 2013, the Crowley
Independent School District will have four officers, Eagle Mountain/Saginaw Independent School
District will have five 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 detective, 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 $3,916,916.00.
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.
TO Fund/Account/Centers
GR79 451663 0351000 $3.916.916.00
FROM Fund/Account/Centers
http://apps.cfwnet.org/council packet/mc_ review. asp?ID=17240&councildate=9/11/2012 10/15/2012
M&C Review Page 2 of 2
Submitted for City Manager's Office by: Charles W. Daniels (6199)
Oriainatina Department Head: Jeffrey W. Halstead (4210)
Additional Information Contact: Aya Ealy (4239)
ATTACHMENTS
http://apps.cfwnet org/council_packet/mcseview.asp?ID=17240&councildate=9/11/2012 10/15/2012