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HomeMy WebLinkAboutContract 47097 (2)RECEIVED OCT -6 2015 CITY OF FORT WORTH CITY SECRETARY CITY AGREEMENT FOR SCHOOL SECURITY SERVICES LENA POPE HOME 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 Valerie R. Washington, its duly authorized Assistant City Manager, and the Lena Pope Home, a non-profit organization located in Tarrant County ("Agency"), acting by and through Todd Landry, its duly authorized Executive Director. 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 Security Initiative Program ("SSI Program") through which City provides school security to participating Agencies with facilities within the City's city 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 SSI 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 SSI 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 Interlocal Agreement shall control. The term "Agency" shall include the Agency, and its officers, agents, employees, representatives, servants, contractors or subcontractors. Lena Pope Home & CFW FY 2016 SSI Agreement OFFICIAL RECORD CITY SECRETARY ;`'�R WORTH, TX Page 1 of 12 The term "City" shall include its officers, employees, agents, and representatives. 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 city limits of Fort Worth. The Agency covenants and agrees to fully cooperate with the City in the implementation of the SSI 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, 2015 ("Effective Date") and shall continue in full force and effect until September 30, 2015, unless teuuinated earlier in accordance with the provisions of this Agreement. 3. CONSIDERATION. The Agency shall pay City $83,698.42 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 SSI Program. The Agreement amount represents 50% of all personnel and operating costs incurred by the City for the one (1) police officers, 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 SSI Program. The command staff costs are shared by all participating Agencies, and the participating Agencies pay a proportional amount of the command staff costs based on the number of SSI Program officers assigned to each participating Agency. The command staff includes one (1) detective, five (5) sergeants two (2) relief police officers, and one (1) lieutenant assigned to the SSI Program In addition, the Agreement amount includes the Agency's proportional share of the administrative operating fees of SSI-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 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. Lena Pope Home & CFW FY 2016 SSI Agreement Page 2 of 12 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 SSI 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. 4.5 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. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 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 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. Lena Pope Horne & CFW FY 2016 SSI Agreement Page 3 of 12 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 by unauthorized means and shall fully cooperate with the City to protect such information from further unauthorized disclosure. 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 infoiniation 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. 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. Lena Pope Home & CFW FY 2016 SSI Agreement Page 4 of 12 Neither City nor Agency shall be responsible under the Doctrine of Respondent 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 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 perfouunance of this Agreement shall, in connection with the employment, advancement or discharge of employees, or in connection with the teens, 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/INDEMNIFICATION. 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 KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS AGENTS, SERVANTS OR EMPLOYEES. Lena Pope Home & CFW FY 2016 SSI Agreement Page 5 of 12 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 (I) AGENCY'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (II) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY), 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 of expiration of 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 haunless 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 Attn: Valerie R. Washington Attn• Todd Landry Assistant City Manager Executive Director 1000 Throckmorton 3131 Sanquient St. Fort Worth, Texas 76102-6311 Fort Worth, TX 76107 Lena Pope Horne & CFW FY 2016 SSI Agreement Page 6 of 12 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 Agency to insist upon the performance of any teuu 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 perfoumance 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 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. Lena Pope Home & CFW FY 2016 SSI Agreement Page 7 of 12 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 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 notnial 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 in conflict with any provision of this Agreement 23. COUNTERPARTS. 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. Lena Pope Home & CFW FY 2016 SSI Agreement Page 8 of 12 APPROVED AND AGREED FOR CITY OF FORT WORTH Valerie R. Washington Assistant City Manager Date: LOIk'lL( APPROVAL P IKCOMMEND K LIL Rhonda K. Robertson Chief of Police Date: LA la -o�-r5 APPROVED AS TO FORM AND LEGALITY FOR CITY OF FORT WORTH Victoria D. Honey Assistant City Attorney Date: / 0/2/ APPROVED AND AGREED FOR LENA POPE H S ME INC. (,/--;;; A., .27,$) Todd Landry Chief Executive Officer Date: City Secretary Date:/WC -- 4,1/5PC M&C No. (1 7---37//b-7 op OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Lena Pope Home & CFW FY 2016 SST . g eement Page9of12 EXHIBIT A SCOPE OF SERVICES 1. City, through the commander of the SSI 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 SSI 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 SSI Program. The Lieutenant shall command the SSI Program. . Additional officers will not be provided to Agency during the Tenn of the Agreement The A2encv 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 SSI 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. 5. City shall provide to the officers assigned to the SSI 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 infournation and excerpts from the plan necessary for implementation. City's Chief of Police shall Lena Pope Home & CFW FY 2016 SSI Agreement Page 10 of 12 designate a commander to be responsible for maintenance and dissemination of these plans. 7. All police personnel assigned to the SSI 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. Lena Pope Home & CFW FY 2016 SSI Agreement Page 11 of 12 EXHIBIT B PAYMENT SCHEDULE Agency will remit 11 payments at $6,974.86 per month within 30 days of receipt of an invoice from the City and a final payment due in the amount of $6,974.96. $6,974.86 x 11 = $76,723.46 Final Payment= $ 6,974.96 Total Payments $83,698.42 Lena Pope Home & CFW FY 2016 SSI Agreement Page 12 of 12 9/16/2015 M&C Review OUNCIL GENDA DATE CODE' SUBJECT: COUNCIL ACTION: Approved on 9/15/2015 Off ic'.pI site of tI}e Gry of Fort Worth Texas FORT WORT11 9/15/2015 REFERENCE C-27467 LOG NAME• 35SCHOOL SECURITY INITIATIVE NO • CONTRACTS FY 2016 NON- PUBLIC C TYPE• CONSENTHEARING• NO Authorize the Execution of Agreements with Fort Worth, Crowley, Eagle/Mountain Saginaw and Lake Worth Independent School Districts and Lena Pope Home, Inc., to Operate the School Security Initiative Program for Fiscal Year 2016 in the Amount of $4,770,809.83 (ALL COUNCIL DISTRICTS) RECOMMENDATION• It is recommended that the City Council authorize the execution of the School Security Initiative Agreements with Fort Worth, Crowley, Keller, Eagle Mountain/Saginaw and Lake Worth Independent School Districts and Lena Pope Home, Inc , to operate the School Security Initiative Program for Fiscal Year 2016 in the amount of $4,770,809.83. DISCUSSION. The Fort Worth Police Department (FWPD), area school districts and the Lena Pope Home work together to provide youth with a safe educational environment. The School Security Initiative Program (Program) provides FWPD officers to schools within the city limits of Fort Worth The Crime Control and Prevention District (CCPD) funds 66 sworn positions and costs related to training, weapons, equipment, and supplies. The participating school districts (ISD) and the Lena Pope Home reimburse CCPD for 50 percent of the operating and personnel costs for 57 of the 66 positions. CCPD will receive a 100 percent reimbursement of the operational and personnel costs for the remaining nine supervisor and relief positions. Serving in a dynamic position, the School Security Initiative (SSI) officers must be sensitive to the varied needs of students and staff, while also remaining prepared to carry out law enforcement duties at a moment s notice In the summer months, SSI officers complete rigorous training to prepare them for the upcoming school year. During the term of the Agreements, which is October 1, 2015 through September 30, 2016 officers will be assigned as follows: Fort Worth ISD will have forty-three assigned officers at a cost of $3,599,031.97; Eagle Mountain/Saginaw ISD will have five assigned officers at a cost of $418,492.09; Crowley ISD will have four assigned officers at a cost of $334 793.67; Keller ISD will have three assigned officers at a cost of $251,095.25; Lake Worth ISD will have one assigned officer at a cost of $83,698.42; and Lena Pope Home will have one assigned officer at a cost of $83,698.42. Payments from the participating school districts and the Lena Pope Home shall be rendered to the City on a monthly basis and deposited into a CCPD account. The total expected reimbursement amount is $4,770,809.83. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that, contingent upon adoption of the FY2016 Budget by the City Council funds will be available in the FY2016 Budget of the Crime Control and http://apps.cfwnet.org/council_packetlmc_review.asp?ID=21465&councildate=9/15/2015 1/2