HomeMy WebLinkAboutContract 44878 (2)INTERLOCAL AGREEMENT FOR SCHOOL SECURITY SERVICES
LENA POPE HOME, INC.
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 Lena Pope Home,
Inc., a non-profit organization located in Tarrant County ("Agency"), acting by and through
Todd Landry, its duly authorized Executive Director.
RECITALS
WHEREAS, this Agreement is made under the authority granted to the City and the
Agency pursuant to the Texas Government Code, Chapter 791, lcnown 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;
WHEREAS, Agency 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; and
WHEREAS, City has received funds through the Fort Worth Crime Control and
Prevention District to assist in funding the School Security Initiative Program.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
agreements herein expressed, the parties agree as follows:
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1. ASSIGNMENT OF POLICE OFFICERS
City, through the commander of City's School Security Initiative Program and in
conjunction with Agency personnel, shall assign police officers to specific schools within the
Agency to provide school security. Assigned officers shall worlc directly with the Agency'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 Agency. 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 worlc 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 Agency when the assigned police officer's absence
is for an extended period of time.
2. DUTIES AND RESPONSIBILITIES
City shall provide to the ofiicers 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. Agency shall provide any radio equipment necessary to
allow the assigned officers to communicate with Agency staff.
3. EMERGENCY RESPONSE PLANS
The Fort Worth Police Department 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 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
Agency 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 Agency.
During the term of this Agreement there shall be one (1) City police officer assigned to the
Agency 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) lieutenant assigned to the School
Security Initiative Program which shall be commanded by the police lieutenant. Additional
officers will not be provided to Agency during the current school year contract. The Agency is
required to submit a written request for additional Police Of�cers to City ten (10) months prior to
the start of a new Fiscal year (the end of the month of December).
5. CONSIDERATION
Agency shall pay to City $74,443.65 ("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, Worlcers 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
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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 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.
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The term of this Agreement is for a period beginning on October 1, 2013, and ending on
September 30, 2014.
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 fiom 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 Agency shall make all payments under this
Agreement from cuirent 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 thirty (30) day 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 Agency a final invoice for the appropriately prorated unpaid balance due on the
Contract Amount for services rendered and Agency shall remit payment in full within thirty (30)
days after the date of such invoice.
9. CURE OF BREACH
Agency 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
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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
Agency covenants and agrees to fully cooperate with City in monitoring the effectiveness
of the services and work to be performed with the Agency under this Agreement, and City shall
have access at all reasonable hours to offices and records of the Agency, 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
Agency shall operate hereunder as an independent contractor and not as an officer, agent,
servant or employee of City. Agency shall be solely responsible for the acts and omissions of its
officers, members, agents, servants, and employees. Neither City nor Agency 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 Agency, its officers, members, agents, employees, subcontractors, program
participants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged.
Agency 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 Agency 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 i•equirement.
14. NO DISCRIMINATION
City and Agency, 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 Agency permit its agents,
employees, subcontractors or program participants to engage in such discrimination.
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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 Agency 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 Agency'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 for said
action shall lie in Tarrant County, Texas.
18. 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.
19. �NTIRE 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 Agency shall be deemed given when delivered in person to the Executive
Director, or on the next business day after the mailing of said notice addressed to said Agency by
United States mail, certified or registered mail, return receipt requested, and postage paid at 3131
Sanquinet Street, Fort Worth, Texas 76107.
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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 Throcl�norton, Fort Woi-th, Texas 76102.
APPROVED AND AGREED
CITY OF FORT WORTH:
By: �,, "
Charl . Daniels
Assistant City Manager
Date: ��, 2% /,�'
APPROVAL RECOMMENDED:
By: S2,'�f"'t `'� �
Jeffi•ey W. Halstead
Chief of Police
Date: �• z 3 '�3
APPROVED AS TO FORM
AND LEGALITY:
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B y: 1,. ,
Jessica angsvang
Assista City Attorney
Date: �fi - "Z� -�
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Contract Authorization:
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By: /� � x�. L�..
Todd Landry �
Executive Director
Date: 9/rd-�i3
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Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA
DATE:
FORi ��'OR?11
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COUNCIL ACTION: Approved on 9/17/2013
REFERENCE 35FY14 SCHOOL
9/17/2013 N� : C-26449 LOG NAME: SECURITY INITIATIVE
CONTRACTS
CODE: C
TYPE:
NON- PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Execution of School Security Initiative Contracts with Fort Worth, Crowley,
Keller, Eagle Mountain/Saginaw and Lake Worth Independent School Districts and the
Lena Pope Home to Operate the School Security Initiative Program for School Year
2013-2014 in the Amount of $4,243,287.86 (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of School Security Initiative Contraci
with Fort Worth, Crowley, Keller, Eagle Mountain/Saginaw and Lake Worth IndependentSchool
Districts and the Lena Pope Home to operate the School Security Initiative Program for school year
2013-2014 in the amount of $4,243,287.86.
DISCUSSION:
The Fort Worth Police Department (FWPD) and area school districts work in partnership to provide
youth a safe educational environment by providing FWPD officers at schools within the city limits of
Fort Worth that are participating in the School Security Initiative Program. Under the School Securit�
Initiative Program, all operational costs, equipmentfunds and personnel costs are provided through
the Crime Control Prevention District (CCPD) budget. A total of 65 officers are assigned to the
School Security Initiative Program. The participating school districts reimburse the CPPD 50 percen
of operating costs and officer personnel costs for 57 positions and the full cost of eight officers,
including a corporal, four sergeants, a lieutenant and two relief officers. The reimbursement cost of
the eight supervisory and relief officers are apportioned to each district based on the number of
officers assigned to each school district. Reimbursements are deposited into a CCPD account.
During the term of these contracts, October 1, 2013 through September 30, 2014, the Crowley
Independent School District will have four officers, Keller Independent School District will have three
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 43 officers assigned to the district. The Lena Pope Home will have one officer to staff the
Tarrant County Juvenile Justice Alternative Education Program. Payments from the schools for the
personnel costs shall be rendered to the City on a monthly basis. The total expected annual
reimbursement amount is $4,243,287.86.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds will be available in the Fiscal Year
2014 budget, as appropriated, of the Crime Control and Prevention District Funds and that the PolicE
Department is responsible for the collection and deposit of funds due to the City.
TO Fund/Account/Centers FROM Fund/Account/Centers
http://apps.cfwnet.org/council�acket/mc_review.asp?ID=18684&councildate=9/17/2013 9/19/2013
M&C Review
GR79 451663 0351000 $4,243,287.86
Submitted for City Manager's Office by;
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Charles Daniels (6199)
Jeffrey W. Halstead (4231)
Jeffrey W. Halstead (4231)
http://apps.cfwnet.org/council�acket/mc review.asp?ID=18684&councildate=9/17/2013
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9/19/2013