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HomeMy WebLinkAboutContract 42775CITY SECRETARY CONTRACT NO. All INTERLOCAL AGREEMENT FOR SCHOOL SECURITY SERVICES FORT WORTH 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 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 Dansby, its duly authorized Interim 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: 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 writiF ,pp-Ta ei:e nt I OFFICIAL RECORD CITY SECRETARY i FT. WORTH, TX 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) 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. During 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) 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 must 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 $3,057,120.00 ( "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 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 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 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 -3- 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 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, 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. -4- 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 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 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 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. [THE REMAINDER OF THIS PAGF 1S INTFNTION.ALL.Y LEFT BLANK. APPROVED FOR CITY OF FORT WORTH: oes W. Daniels Assistant City Manager Date: 6Q, to 6, I/ APPROVED AS TO FORM AND APPROVED FOR FORT WORTH INDEPENDENT SCHOOL DISTRICT: 64", - Walter Dansby Interim Superintendent Date: LE 1 Oo Jrssi cctiSun3SvAYWISD Attorney As 's ant City Attorney Q 1 Date: M 74 iI ATTEST: City Secretary b Date: q\ 1 � :f ooze ,c6c,ot Ak o" d U �oWa� M &CNo. C-o1�'la1 Contract No.: aa1/ OFFICIAL RECORD _6_ CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8123/2011 DATE: Tuesday, August 23, 2011 REFERENCE NO.: C -25127 LOG NAME: 35PDSSIFY12 SUBJECT: Authorize 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 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. http: // apps .cfwnet.org /ecouncil /printmc. asp ?id = 15745 &print = true &DocType =Print 1/12/2012 FUND CENTERS: TO Fund /Account/Centers GR79 451663 0351000 $3,821,799.00 CERTIFICATIONS: Submitted for City Manager's Office b. Originating Department Head: Additional Information Contact: ATTACHMENTS 1. accountverification.doc (CFW Internal) FROM Fund /Account/Centers 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 1/12/2012