HomeMy WebLinkAboutContract 56601 CSC No. 56601
INTFRLOCAL AGREEMENT FOR TIIE'SCHOOL RESOURCE.0FERCER PROGRAIII
NOkTH WEST .INDEPENDENT SCHOOL DISTRICT
This agreement ("Agreement") is.niade-ani:entered into between t1le City of Fort Worith, A.
home.rule municipal -corporation of the Sike. of Texas ("City'% 'acting by and t*0Iigh Jesus J,
an
Chapa, its.duiy-Aqthori.zed.'Assj stant City M'Manager,-and the Northwest Independent SchoolDistrict
("NIS.wl-), a political. stAfidivist.6n. in .the State of .Tekds JQ6aited in Tarrant County and a legally
constituted Independent Disf.rict.("District"), Acting by and.through'its-Bolaed of Teustees:.anii Dr.
_Ryder Warren, its duly authorized.Superintenolen.t.
RECITALS
WHEREAS, this.Agreement,.is'made.under the authority the Distri6t
granted td:the Citymid.
pursuant to the .Texas Government Code, Chapter 791,_ known as, the [NUERLOCAL
COOPERATION ACT,.
WHEREAS;
EAS;the-:6itizcns of Fort Wotth abd the'City Council have-determirieil!hat the security
of students ispaearnount;
WTIEREAS, District wishes-to participate hi the School Resoutce Offilcer,PrograM. ("SRQ
:Program') through' ' which--City provides 9cho6l security assistan(,.e-'to j�arti6ipafwg:.school districts_
with facilities:w' Ithin, thd.city's territorial limits using City.s police-officers;.and
WHERFAS.,..-City'will receive funds--through-the Fort Wofth Ctime-Control and Prevention
1?is'tfic't-(1CCPD1') to-AsMft.in ffihdiqg.'City's portion of the SRO.Prbgram costs.
NOW, THEREFORE;'.,h� consideration of ihd,mtitual covenants; promises and agreements
hefeln expressed,-the Partles'Agtee-asTollows:.
AGREEMENT'DOCUMENT&
The Agreement docurnbrits-.8hatl ifictude:the-following:
.I.. This Agreement,for the,SRO Program
2. Ekhibit A->Scope of Services
3. 8-xhibft-B.:-.Pqyment.8,thoiale.
Ekhibitg 4.and *B, attached hereto.arO.',incoyporAted'herein and made a.part-of this,Agreement for all
purposes.In the event of any conflict between 1he-terms and.cqnd.itlons of Exhibits.:A,and Band the
lie
OFFICIAL RECORD
-Nor,thw.est &CF WTY 2022 gkb Agreement CITY SECRETARY
FT. WORTH, TX
teems and conditions set-'fotth in'the body of Phis Agreement, the terms.ani-conditions set forth in!the
body of this Interlocal Agreement shall;control.
The term "District" shall.include'the District, and.its.officers, agents, employees,.representatives,
servants, contractors.or.subcontractors.
The-term "City" shall include its officers,.employ..ees,=agents; an;d'representatives,
'The team "Party" shall refer to either.the City or the.District.
The-term "Parties" shall refer'to Both the-City-.and'the District.
1, SCOPE OF SERVICES:
City hereby agrees to provide the District with.school security services-for the purpose.of
-creating'a safe.educatiorial.enyironment, in-partnership.wit}i the District. The.City will provide Fort.
Worth Police:Department.,("FWPD''.)'officers.at-District.schools within'the territorial limits of'Porf
Worth. The District.coveriants and;,agrees to fully cooperate with the City in the implementation of
thelSRO Program, Attached hereto-and incorporated,for-all purposes in6dent_to this.AgreQ'ent'is
"Exhibit.A," Scope-_of Services,-more specifically,descrihing the services--to.he provided.hereunder.
2. TERM.
This Agreement.shall commence on October-1.2021 ("Effective-Date")-.and shall continue in'
full force 'and effect until, September 30, 2022, unless- terminated. earlier- in accordance ,with the
provisions of this,'Agreement.
3. C:ONSIDERA.nOM
The,District shall -pay' City,$700,802,96, (the.`Agreement. amount")..in accordance with the
provisions of-tbis Agree,ment and the Pa-yment.B.chedule attached as, "Exhibit-B." Such Agreement
amount is•based upon fixed.expenditures for personnel and..operating c'osis for police-officers.assigned
to the. SRO..Program. The Agreement amount.represents"50% of all personnel and.operating costs
incurred by the City-for the-eight (8)police officers assigned to the.District. The Agreement amount,
also includes 'the District's.proportional share of'the personnel,..training.,and operating:costs of the
FWPD command staff that oversee the'SRO Program.. The command staff costs:are shared by all
participating,school districts, and the participating--scho..ol.distiricts.pay a proportlonal. ainount.of the-
command staff'costs based on.the number.of SRO.Program, officers assigned,to each participating.
school,.disttict, The command staff includes one.{).) detective,five;(5)sergeants,ttvo(2)relief police
officers, and one (1) lieutenant assigned to the SRO Program. In addition,.the Agreement amount
Northwest &CFW FY 2022 SRO;Agr&ma ftt Page.2 of 1'5
includes the DiWict's-propoftional share-of the administrative operating fees of.SRO-assigned-patrol
vehicles.
In the..e.vent that a position is unfilled (for example,.due.to an occupational injury, transfer,
or termination),the.Agreement Amount.shall not be reduced.or.a' 'ended diie to:such absence unless
the position,is.unfiIled for.1.5 cumulative days in a six-month period,and.in that case, the District will
itot b:e charged the.personnel costs for the.unfilled:position for the.total nutnber.of unfilled days.
It is understood.and agreed that.D.istri6tsha1l:remitT6nds to.the City within thirty(30)calendar
days following receipt of an official .invoice: Invoices shall be ptavided by City to Di'st-rict on a
•monthly.basis.
In.conneetion with the City's annual budget process, .following the end of'oach Fiscal Year,
funding shall be subject to. a- `°true up." process in accordance with this parag; aph. Tfie City shall
compare the actual costs of the prior Fiscal Year's program with the projected/budgeted amount for
flie.current Fiscal.,Year and-calculate..any deviation between the two.Th&,'City shall-notify the District
of such.deviation on or before the ninetieth (90) day-of the new-Fiscal year'. Any deviation will.be
reconciled with District by on'e: of the'following•-methods: (T) adjusting the projected/budgeted
amounts for'the nek(Fiscal Year's School.Resource.Officer contract; or(2)'if the parties elect ntit to
enter into another-contract- for the next Fiscal.year; a di rect payment.of funds-to the District, if the
actual costs•of ih6-'prokiam'Nve6 less•than the projected costs.prograrn!.•or a 4ireet payxnent.of-furiis.
t-o the City'if the actual casts exceed the projected costs-bf the program. Regardless.'of.such true up
process„in-no event.sball the.cof tfact amountex6eed$757.494,83.
4. TERMINATIO.N.
4-:1 CCPDFunds
This .Agreement is: wholly:conditioned-.upon*the:.actual receipt by ,City of Program
Funds.froni 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,jerminate this Agr-eemlent.and_Ciiy shall•not
be liable•for payment.for any work or services.performed by District under orin 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 witla 30.days' written.notice of'termination.
4:3 Non--appropriation of Funds.
Northwest. &•CFWTY 1022 SRO Agreement" Pade:3 of 15
In the
he event.no funds or insufficient fUnds Are appropriated by the.City"in any fiscal
ppr.iqd to fund the -SRO- Program. City will notify District of such- occurrence and this
Agreement shall terminate on the last day of the,fiscal*ppribd for which-apprbpriatio ns were.
.rec.eiv' ed.without'penalty or expense to the'Cit ..of at'iy'kiiid y 'whatsoever.
4.4 Duties.and Obligations Of the Parties-,
l'ii-t.heev.ent.that:this.A.gree.ment*i.stenninated p rib r to,the Expirati on.Date,.the'D i§ffict
shall pay.City-for•sPrVices actually rendered-up to the effective date of"tei'mination.,andCity-
-,shall continue-to provide the Districif with services requested by the District.atid.in accordance
with this Agreement up to the effective date:-ottermination,.Within thirty (30.) days,aftier the,
effective -date of'such terminati-on, City -shall' forwatcl Jo Dise�ic-L'a final. invoice- for.:the
-appropriately;prorated unpaid balance.due on the Agreement:Amount.for services tendered
:and District shall remit payment in fLfll,within thirty(30.) days after the date-of such invoice,.
5. JiML6SURR OF CONFLICTS AND.CONFIDENTIAL, INFORMATION.
.5.1 Disclosure of C6fifficts..Disirict hereby Wdri"an,fs to-the City that Distri(ct.hAs made
-full disc' lbsuie in writing of any-.existing or potential conflicts ofinterest related to services tinier
this Agreement..In the event that any epriflicts--of interest 'arise after -the'Effective. J)dte of this
Agreement, Distribt.hereby agrees immediately,to'rnakefull disclosure to the--City in Writing..
5.2- Confidential InforniAtion. Each PA*rLy,-, for- itself and its officers,, a:tehts.--and
employees',aigrces;thai it.shall treat all infofmatioh.prbvided to-it by the other Patty as-confidential
and shall'not disclose afty'such*inf Otmatio'n fa a.-ikird party withoikthe-prib'r written approval of the
other Marty.
5.3 Unauthorized Access, Each PAfty shall store.. 'and- maintain n the, other Party's
Itifort-h.ation in a.secure maniier..and shall h6t allow.unauthorlze'd users to access, modify- delete-.or
bth6rWise"c'orruot the-other Party's ldf6rmation in any-way: I Each Party.'shall 'notify the other Tatty
irnmediately Wthe security or integrity of the,bther.Party's information-.has been comprorqised or is
believed to. have been compromised; in which- event, the Party 'shall5, 'In: good .faith, U.S.e. all
commercially reasonable efforts to cooperate with the6th6rTarty.-in identifying what.information
has been accessed--,. h1odified, deleted or otherwise corrupted by uhauthori2ed.mearis-and shal I fuliy
cooperad with t I he other Part),to protect such:information Bom ffirther unauthorized*-tampering.
5.4. Federal LawEdorcement Database Access, If'District, or any DJ%rict Personnel,
has access to .any fed'erAl law enforcement database or any federal -criminal hi.s.cory. record
Information system, .-;Including but not limited io Fingerprint fdeatifica,tiop Records, 'System
("FIRS"),IntcrsWto Identificaflon Index System (%ill System"),NAtio.iial Grimp-Information Center
O'NOC")QrNatioiial.Fin.gerprint�File.(`'NFF"),that,is.governed by and/or.defined in Title..28,Code
Northwest &Cr'W FY:2422.9RO,Agreement; Pa e..4 of 15
'Of Tederal Regulations Part 20 (`CFR Part 20"), 'foi- tlie purpose urpose of providing :services for the
administration oft criminalJustice_as defined therei.in on_behalf of the Qry,und6r this Agreement,
District shall comply with the Criminal,Jus.tice lhfbrmation SeNi6es S.peueit,Y Policy and CPR Part
2*0, :and shall -separately execute the Federal Bureau.of Investigation Criminal Justice Information
Services Se,curity..AddendpM.,
5,5 Family-Educational Rights and-Privacy Act No*t'Withstanding.'an'y contrary:provisioti
in this Agreement,the City wilt comply with appli:c6ble federal'(including, but not Iii.iYi1ei to, the,
Family' Educational Rights- -and Vrivacy Apt), state and 'tocail laws in n providing, set."
ices
contemplated herein,
6.. RIGIiTTO AUDIT.
District agrees that the..City dial[, until the expiration of.three years after final payment ptider
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 tunes any directly pertinent books, documents,
papers and records offfic District
ct,involving-transactions relating to this Agreemexit,z.q no additional
post.,to the City. Distrlcl agrees fha't the City shall have access during normal working hours to all
necessdry'.Distr*ict facilities-.and-shall bd provided.adequate and appropriate.work-space in.order.16.
conduct audits In compliance with the provisions of this section. The City sh-a 11 give District
reasonable advance notice-of inteivded,audits..
Section 6ishall's.urvi'VeAhe:termination or-expira'tion-oUthi§ Ageeenfent.,
7. INDEMNOENT CONTRACTOR.
District shall 6perdt&Ieretinder As an.indep6nd.ent 6gntraci& and not as-,an officer; agent,
servaht'6r employee loy6e of-City..City shall operate herdubder as.in'independent contractor and novas an
officer;.agent-,.servant, or employee of*the Distfict; City shall be solely fbrthe acts.and
omissions 'of'ls. officers; members, agentsi servants., and em.pl6yees.. District. shalf, be solely
responsible for*the 'acts And:omis§i*aris of its-officers, fiibmbers, agents, servants; and employees.
Neither-City nor-District shall-be-.:responsible under the Doctrine of-Respondent-Superior for th&.-acts
and omissions of the'dfficefg..-members, agents, servants,.,,or dmploye6s of the.offier, -Nothing-iti this
Agre,eli'iehtsh'all waive.arty statutory or c6thmon-lawliriinunity or-defense of City or District.
8. PROPERTY LOSS.
City shall in no way-nor undev any circumstances be responsible-f6r any property belonging
to District, its officers,-members, Agents, einployeesj subcontractors, program participants, licensees,
or i nviteds,.which'rhAy'be lost,-stolen, destroyed or in any way damaged.
NortbWest.,&CFW.1:Y 2022 SRO.Agreemciff. Page 5 of 15
9, PROVISIONS REGAkDINGAGE.
.City and Nsfrjct:covenant,that neitherk nor any-of its,oifflcers; members',.agehts,-crAp1oyee&.,
program-participants, or subcontractors, wl.ii1e.ei.i.gaged in the per'Formance of this Agyeem' eni 'shall,
in connection-with the
employment, advancemeni.', ofiischaigd of employees, or in' connection with
.the terms, conditlions,.or privileges of thoiremploymenit, dikrirhinate-against persons because of thieir
'age, except on the -basis .4F.a bona fide occupational qualification, retirement statutory
P plan, or
.requirement,
10. LIABILITY/INDEMNIFICATION
WITHOUT WAIVING. -ITS IMMUNITIES, DISTRICT SHALL BE LIABLE AND
RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR
PERSONAL INJURY, INCLUDING DE' ALL PERSONS, .OF ANY KIND
.DEATH, TO ANY AND
OR CHARACTER,"WHETHER REAL OR ASSERTED;TO THE EXTENT- CAUSED.BY.THE
NEGLIGENT ACT(S) . 'OR .0 MISSIONS),: MALFEAS.ANCE, OR INTENTIONAL
MISCONDUCT OF DISTRICT,ITS OFFICERS,AGENTS, SERVANTS 'OR EMPLOYEES.
TO THE.EXTENT ALLOWED BY TEXAS LAW AND WITHOUT WAIVING.DISTRICTIS
IMMUNITIES,DISTRICT AGREE D.S TO...DEFEND,INDEMNIFY, AN HOLD
D THE CITY,.ITS.-
.OFFICERS-, A6ENTS,.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 (1)DISTRICT'S BREACH OF
ANY'OFTHE TERMS OR PROVISIONS.OF'.TJHS AGREEMENT OR(11) ANY NEGLIGENT
ACT OR OMNSION'OR.-INTENTIONAL MISCONDUCT OF DISTRICT,, ITS OFFICERS,
AGENTS, ASS.00IATES,.EMPLO-YEES, CONTRACTORS- (OTHER.THAN THE CITY),-OR
SUBCONTRACTORS RELATED TO THE PERFORMANCE OF THIS AGREEMENT_;EXCEPT THAT THE INDEMNITY' PROVIDED FOR IN THIS SECTION
N SHALL. -NOT
APPLY TO ANY
NY LIABILITY RESULTING FROM THE'S.OLE-NEGLIGENCE-OF THE CITY
OR ITS OtPF*IC'Fk§,.AG-ENT-8-"EM.PLOYEES,.OR SEPAgATE i2ONTRACTORS,,AND'IN
THE EVENT OF JOINT'AND CONCURRENT NEGLIGENCE OF BOTH DISTRICT AND
CITY, RESPONSIBILITY.1' WAN ANY, SHALL BE APPORTIONED COMPARATIVELY IN
ACCORDANCE
RDANCE WITH THE-LAWS OF THE-STATE OF TEXAS. NOTHING HEREIN SHALL
BE CONSTRUED AS A WAIVER OF THE CITY'S'OR..THL DISTkIMS'GOVERNMENTAL
IMMUNITY AS FURTHER:PROVIDED BY THE LAWS OF TEXAS.
Section 10 shall survive-thetermination or-ex0irafion-of-this Agreement.
11, .. NON-DISCRIMINATION COVENANT:
N(ortHwfast &'QF1V FY 2022 SRO-Agteetment. Page:-6 of:1'D5
District, for itself, its personal .r:epresentatives; assigns, subcontractors and successors in
interest, as,part of the consideration herein, agrees,Thai in the performance of Dis.trict's duties and
obligations hereunder, -rt shall not.0iscriminate in the treatm' ent or employinent.of any individual or,
group of individuals.on any.basis.pr ihibited:by law. It.any,elaim ar.ises,from:an alleged violation of
this non-discrimination covenant by District, its:personal representatives; assigns, subcontractors.or
successors.in.interest, D strict..agrees.to assume such liability and to indemnify:and-defend'the City
and;hold the-City harmless.from such claim, to.the extent_ allowed.by Texas law and witfiout waiving
the Di'strict's immunities'.
Section 11 shall survive the termination or exniration.of*this:Apreement,
12:. 'NOTICES.
Notices. required pursuant to the provisions of this Agreement .shall be :conclusively
determined.to'-have been delivered when (l.).band-delivered to the other Party,;c/o-the designated.
person listed below; or (2) received by.'the, other Party'by United -States M H, registered, .return
rcceipt.requested, addressed,as follows;
City of Fort'Worth NISD
Attn: Jesus J. Chapa. Atti : M. Ryder Warren
Deputy City Manager Superintendent
20.0.Tpxas Street 20GI Texan Drive
Fort Worth, Texas 76.102-Q1.1 Justin,°Texas 76247
With Copy to the City Attorney With Copy to the District's General
Atsame address, Counsel at-same address•
1.3. GOVERNMENTAL POWERSAMMUNITIES.
It is-understood and agreed that by execution-of this Agreemeht;,Alie'City and the Nstdct do
not waive or surrender any of their respective-,govern mental powers or:immunities.
14. NO WAIVER:
The failure of'the City or District to insist upon the'performatice of--any-term or provision of
this Agreernent'or to exercise,arry right .granted.h-erein shall not.constitute a wAiver of the 0y's.!or
District's respective right to insist upon,appropriate performance-orAo asseit.'any §rich right.on;any
future occasion:
15. GOVERNING LAW]VENUE.
N4th%vest &.CFW FY'202'2 SRO.Agreement Page.7'0''T5
This Agreement shall -be construed in-.accordance with the laws of the State of Texas, If any
action, whether real or asserfed,.at law-or in equity, is-brought:pUrsuant-to-th is Agreement,venue for
such action shall lie in •state courts. located 'in Tarrant,County, Te.xas or-the 'Uhifed States District
,Court.for,the.Northern Di§ti,ict..of Texas, Fort Worth Division.
16. SEVERABILItY..
If-atiy:p,to.Visio,n6f.th-i.s-Agreement:is held tobe.i.nvaliii, illegat:orunenforceablel.,thevalidi.ty,
legality and-.enf6rceabi -ity.of the remaining.provisions shall not-in any way*be affected-or impaired.
17. 'FORCE MAJEURE,
City and-District'shall exercise their b.est.-efforts-to.meq(their respective duflesand obligations as
-set,forth in this Agreement,.but shall.-not 4e he I d-liablef for any
delay or.-omission.:In.performance'due
'to force- rnaj;eure or' other causes beyond their reasonable control, including, but not .limited to,
-tbphpliancp with any goverhment-law,ordinance orregulation
,actsof God, acts of the.publice.nemy,
-fires, strikes, lookouts, natural disasters, wars, riots, ep'i'dern"
ics or :pandemics, material or labor
restrictions by-any governmental authority, transportation problems., restraints or prohibifions by-Any
court, board, department., commission,
ission., or agency of the United States or of any. States,- civil
disturbances,,other.naiibnal or regional emergencies,-and/or any other §imilak'.ca1&' not enumerated
herein but. which --i,s..'beyond. the. reasonable -control of the Party. whose petformande is-affected
(opilectiYe.ly"'Force.*j pure.,Event"), The performanc'e' of any,sO6 obligation is suspended during
the period of;.and only to the extent of, such prevention or hindrance; prodded the affected Party
provides notice. of*the Force, Majeure Evedt, -and an explanat-ion as:to how-it l6iidets :the party's
perfori-nanpe,. as soon, as reAsonably. possible-, as. determined in. -the Ci-ty's discretibri", after the
occurrence.of the.:Force 1VlqjpL!re-.EvenL,The.f6rm of ftdiiice required by this section§hall'bd the same.
n
as section 12 above.
18. -PROHIBITION ON BOYCOTTING ENERGY COMPANIES.
Contraot6r ackno'wl6dgps that in accordance with,Chapter 2274 of the Texas Government Code,
as added by Acts 2021, 8.7th Lcg,,, SR -13, § 2, th-&- City is probibitei from entering -into a
contrgf*.f6r:goods.oi..services that has a valite-of$1.00.,000 or more that is to be., partly.
wholly 6k' 0aftl
fidin p:pblic.fiunds of'th6 City ity with a company with 10 or'mok full-time employees'Lihies§*the contract-
contains,a-written from the company that it; ([).doo.8 not boycott energy companies-And
(2) Will not boycott energy companies du.riTfg-.1.he ie'rffi..df`th6 contract,r4ct.. The-terms ".boycott-energy
company" and "com' ,pany" hdve.,th6 inpan.ing-asdi•ibed.to-those terms by'Chapter-2:274.of the Texas
6,over.nmenf Code, as added by Acts 2021, .87th Leg., R.*S,,.S-.B. 13, §.2. To the-extent that Chapter
2.274 ffthe.G.wernment Code is Applicable,to this Agreerndnt,bysigfting this Agre&nent, Contractor.
cerfifies-that ConttdctoC§.siofiAture pirovides-wr'itten.verification to the City that Contractor: (I).does
not boycott energy coiriparties;- and (2) will not boycottenergy-companies, during the .term 6.f this
Agreement,
Northv6sf &CFW FY 2022 SRO.Agre6tpbrit Pate 8 of 15
19..., '-PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMMUM
INDUSTRIES,
Contractor` -kkiftowledges 'that except -as otherwise provided by- Chapter 2274 of the Tdxas-
GPvei-nm-etit Code, as-added by Acts 202-1, 8.7th Leg.j R.S.., S.B. 1.9, § I-,the City is.prohibited from
ehtedng'into a contact for g'pods or 'services that has a,value.-of$10.0,0.00 b.r-more.that-i's-to be-paid
wholly or partly from' public funds.of the City with-A.cOriipany With'10 or motjbIull-time employees
unless. the -contract contains -a'written v&6ficatioii:fr6m..the company that it, 0)-does not have a
Practice, policy, guidance; or directive.that discriminates against a firearm entity or firearnilrade
association; and (2.) will not disciiminMe.during.the term .of th&-contrkt against wftearm entity or
firearm trade association. The teiibs."discriminate,""firearm entity"and"firearm teade-association"'
have lhe*ffiear ifig'ascribed io those terms by Chaptdf 2274 of the Texas:Government Code, as-added
by.Acts-2021., 87th Leg.., R.S.,S,B. 19, § 1. To-the extent that�Chapt&22.74 of-the Government Code
is applicable to'this -Agreement, by' §igainfg:this Agreement, C"Ontra(ftbr 'certifies 'that
8.igpdture provides written verification-to the City-that Contractor;.(])does-nothave a-practice-policy,,
guidance;,or directive that discriminate's against'a:.firearm efitity.or firearm-trade association; and (2).
will not discriiiii'n6te against a-firearm entity-or:firearm trade.'association -during the term --of this-
Agreemdnt,
HEADINGS NOT CONTROLLING.
Headings,and titles used ih this Agreement. are for reference'.PurpOs,.purposes only, shall not be
deeMed apart of this.Agreement,_arid-atehot intended to d6firye.or limit the scope provi
sion
P i 'ioft
V
.of thisAgreetmerit,
21. APPROVAL OF AGREEMENT'.
The governing bordiqs-of'-City and.District.have approved the execution of this,Agree.ment,
and the persons s igbjiig the-Ag.feeiiieff have been duJ.y..aU*thoriz(jd--by the governingbodi6§Of the City
and DMrict to sigii,this Agrebftient on.behalf of the,'bvdrhing-bbdies-.-
21. REVIEW OYCOUNSEL.
The. parties acknowledge that' each Patty and- its -counsel .hav6 reviewed and revised this
Agreement:and.that "the normal tu(os of construction-to the effect that any ambiguities are to- be-
resolved ag.ainstzthe drafting,Party 'shMI not be employed-in`the .interpretation,of-this A&eenient,or
23. AME NDMP,,NTS.
NarthWest,&-CFW FY2022 SRO Agreement Pagi-..9 of 1�
No amendment ofthis Agreement shaj.l.be.bihdJng upona'Party hereto unless such amendmen' t
is set forth'in a written-instrument,whi'0Js executed,by-an authorized rep.resentative of'each -Party.
14. 19WIRETY"OF AGREEMENT.
This Agreement, -inc.luiing Exhibits A and 13, contains the entire understanding and
agreement-between the. City and District,-their assigns-and successors in-.Interest, as:to.the matters.
contained here!n.Any-prior or contemporaneous.oral is hereby declaf.ed'null
xal.o.r written agreement
and void to the-extent it conflicts with-an this.ARreement.
..-any .
29. COUNTERPARTS'AND'ELECTRONIC SIGNATURES.
This Agreement may.be e,xecutQd.'in one--or more counterparts and each counterpart shall, for
all purposes; be deemed an .original,.but all such:counterparts.shdl.1 together constitute one and the
same instrument. A signature received via f4qsimile or electronically vja.email s'ha.11 be as:legally
binding for all purposes.as-an:original signature.
2.6. BODY WORN CAMERAS.
.City acid Distri.61 agree.that any use-ofbbdy-worn cameras by.'FWPI) officer's will be subject to-and
in dorhpliahce with state law and local r6gtildtions'regarding -the Use and operation' of body-worn
barnbras (BWC), City shall use its best,efforts to notify thb:District at leak two Weeks before its SRO
Program. officers .assigned to the District.are to .begin qsb of BWQs, And will 'provide written
inf6n-n.ationAnd traiiikn:g-to the principal.And assistant principals of the schools to which the officers,
up,assigned, on the objectives and procedures for-the. use of'BWCs. Every SRO Program officer
equipped withaBWC shall by trained in the operation of the equipment prior to its use: When utilizing
B.WCs. the SRO' PiogrA mi 'Officers shall adhere to the- objectives and. pr6c,6dures outlined in this
Agreement and the Fort Worth Police-Moaftmehf.Geierail OrdIdIrs-'so as.t-6,maximize-theeffdctiVeness.
of the S WC'and the integrity�of the vide.6 d6cuftientation-. 'City-rriAy if not otherwNe-prohibited by
lMvMrovideto-the District-c'opies-of ariy-such--filthing ofstudents,.P'arents,-employ*e*es,'or others upon
.school property;upon request for such copies by. the.Dist6ict,.:as-an inferg6ve?nmental transfer. In the
event.16 .City ty believes the providing'of a copy of:.s'ach- videos.would he prohibited,
ibited City agrees to
utilize its best efforts'to facilitate theavailability of-the officer who made'the v1d6o.to tesdfy, upon
request-by'the District .-
.; in any schodt"disciplinary hdafing.conterning the 6fficer's-knowledge of I the
facts and circum9tahbes:of the incident which'was videoed, Th&Parties'also agree that-anysuch film
�or video taken by, 'And. kept in 'the possegsion bf, the Cit '9 officers may be consideifed "law
enforcement rdcor&'=,ufider the Family Educational Rights.and Privacy Act(FERPA), 20 U.S.C.-sec.
1,232g..and 34 C.F.R. Sec. 99..8., and that any copy of,such.film or videdjf perM.itted.-by 'law to be
,Pfovided,tb-the District, may then becOnJe an educational record.of ibe;I)istyiet.unde'r.'F.El'R'PA. iii the
event the District determines thM'sucli educational record is required to be released to.,thd public or.
Northwest &CFW'F.Y.,)022 SRO AgrectVent Page 10'of'15
to-a parent.-,or"A stp4ent,undpr..,F�KPA,-the District agrees,•prior,to.reteAse-of such
ch records, to.provide
the.City advanced written notice pffmilent.-for the protective
City to -if'a otective older ot.other
injunctive bf ma
ybe rgqui'rqd*to.-proteqt the conflidentiality ofthe record, '
[THE REST OF THIS.PAGE INTENTIONALLY L-.Vkr BLANK]
Northwest &CFW FY.2022.SRO Agreement 'Page 11 of 1.5
APPROVED AND AGREED FOR CITY
OF FORT WORTH
Jesus J.Chapa v4, 02115:41CDT) Dr. Ryder Warren
Jesus J. Chapa Superintendent
Deputy City Manager
Date:
Date: Nov 4,2021
APPROVED AS TO FORM AND
APPROVAL RECOMMENDED LEGALITY FOR NISD
NeW Nobel
Neil Noakes(Nov 4,202115:43 CDT)
Neil Noakes Chief of Police NISD Attorney
��Fo��R�k�d
�o ����d
APPROVED AS TO FORM AND v° °
LEGALITY FOR CITY OF FORT ATTEST ��d00000
ICY
WORTH�F— �b��
Ronald P. Gonzales
Taylor C. Paris Acting City Secretary
Assistant City Attorney
Date: 9/14/2021
M&C No. 21-0680
APPROVED AND AGREED FOR NISD
Form 1295 Certification No: NOT REQUIRED
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
Ram/a9ve/a/r/
Raque/l Cleveland(Nov 2,202110:14 CDT)
Raquel Cleveland
Contract Compliance Specialist
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
NISD&CFW FY 2021 SRO interlocal Agreement Page 12 of 15
t XHIBI! A
SCOPE OF-SERVICES
L. City,through the commander of the SRO
0 Program, shall assign TWPD',offlcer§ to#'di fi 6_
sch.o.ols within the District.to,provide.school security and.officer's shall w' .o&direictly with
-theDistrict's school principals.,
2. 'There shall be eight(8) City police officers assigppd to the.Oi strk*Pt--fp. r'the.SRO Program.
'In addition, there. shall be. a command staff comprised of one -(t) detective, 'Five (5)
police
two, relief pol ' e officers, and one. .(I) lieutenant assigned. to the. SRO
J2)
Program. The Lieutenant shall command the SRO PTogram.. Additional Qfficers'-will not
be-provided to-Distri rat.during the Term of the Agreemqrii. The District shall subgiija
written request for a4filitional Police.Officers to City ten(10) months prior-to.the start
.of a--new- Fiscal year 4he.end of the month of December).
3. Assigned officersshall have the -SRO Program as tlieit p'firnar-y iuty, and:will: not be
regularly Assigned additi-onal-pplice 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,dLity'hours.with District; If necessary, to handle
unplanned *absences at -:9ch6b1*- FWPD: office'fs from other 'units ita'y be ttssigtled
temporarily to pr*ovide coverage. Re-placement officers;:When avAilableij:will be.assigned
to District whenthe assigned,police offiber?s absence is,for an e period of time.
extended '6r
P
5., City shall pyoyide to the officers assigned to the SRO Program All the enforcement
'
training and certification,vehicles and police dqu ipinetk benefits arid,insurance(including
liability coverage) that are.*provided-to all Cit,Ys.police-officers. Districtshall pr*o'vide any
radio bquip!-ft&ht necessary to allow- the
he assigned offibers.to communicate With District
staff.
6, The City' shall maintain orriergency fespotise plans f6e every school within theft
jurisdiction.: To the extett-allowed under Texds law,:th-ese plans shall be kept confidential
with'ifithe Fort Worth.Po I le'd Dejyattmeiit f6ir security purposes., but:meetings shalt be held
with authorized representatives -of District to provido. relevant-'reformation-and excerpts
from the plan necessary tot iniplemefitation, City's"� Chief of Police shall designate -a
commander to be responsible-f6r maintenance and dissemination-of:these plans.
NISD&CFW FY 2021-SRO Ifiterlocal Agree'ruent, Page I-3 of15
7. All poRice,personnel assigned to the'S-Ro.program will remain:subject.to.the rules and.
regulations.applicable to all.sworp personnel, inQluding G eneral Orders. Special Orders,
'p,ersotinel Rules and Regulations, difect I iws--and other applicable.law.
[THE'REST,OF THNTA-6k INTEWTIONALLY.L.EFT BLANK]
NISD&-CFW'FY-2021"SR0-IntcrJocaI AjVeeiiient Page 14 of 15
EX.MBIT R
PAYNIhNT SCHEDUILE
D.istrict will.,remit I 1..paynjents at,$58,400'.26 per.mouth within-30.days of receipt of an invoice
from the.City and a final payment due in the amount of'_$5.'9A0.0.16.. The failun'-.QM. istrict to-
pay an invoicemith'in 30 days of receipt Will'be..considered a,bteac ofthisAgi-e''prnpnt.
'$58;400.20 x l"l—S642,402.20
'F inal Payinei)t=: $-58,400-76
Total PH'Ymefits $700,802.96
'NISD.-&CPW FY 202.1 SRO Inlerlodal Agreement
Pale 15.of IS
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA F0RTWORTII
REFERENCE **M&C 21- 35SCHOOL RESOURCE
DATE: 9/14/2021 NO.: 0680 LOG NAME: OFFICER PROGRAM
FY22
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize Execution of Agreements with Fort Worth, Keller, Eagle Mountain
Saginaw, Northwest and Lake Worth Independent School Districts, as well as Lena Pope
Home, Inc., to Operate the School Resource Officer Program, Formerly Known as the
School Security Initiative Program, for Fiscal Year 2022 in the Total Amount of
$5,926,283.09 Funded by Crime Control Prevention District
RECOMMENDATION:
It is recommended that the City Council authorize the execution of the School Resource Officer
Program agreements with the Fort Worth, Keller, Eagle Mountain Saginaw, Northwest and Lake
Worth Independent School Districts, as well as Lena Pope Home, Inc., to operate the School
Resource Officer Program for Fiscal Year 2022 in the total amount of$5,926,283.09.
DISCUSSION:
The Fort Worth Police Department (FWPD) and area independent school districts (ISDs) work
together to provide youth a safe educational environment by providing FWPD officers at schools
within the city limits of Fort Worth. Under the School Resource Officer Program, operational costs,
equipment funds, and personnel costs are provided through the Crime Control Prevention District
(CCPD) budget, which is then reimbursed pursuant to the terms of the Agreements with each school
district and Lena Pope Home, Inc.
For Fiscal Year 2022, a total of 75 officers are assigned to the School Resource Officer Program with
a total budget of$11,449,663, of which $5,926,283.09 will be allocated for the School Resource
Officer Program Agreements with the school districts and Lena Pope Home, Inc. The participating
school districts, and Lena Pope Home Inc., reimburse CCPD for 50 percent of operating and
personnel costs for 64 of the 75 positions. Keller ISD and Eagle Mountain Saginaw each
have 1 mobile officer to rotate between schools specifically within the school district. Keller ISD and
Eagle Mountain Saginaw ISD will reimburse CCPD for 100 percent of the dedicated officer's costs.
The remaining nine supervisor and relief positions, consisting of two relief officers, one detective, five
sergeants, and one lieutenant, are reimbursed to CCPD at 100 percent. The reimbursement costs of
the supervisor and relief positions are apportioned to each participant based on the number of
officers assigned to each school district.
At the end of each full fiscal year, staff reconcile the actual cost of the prior year program with the
estimated costs. In past years, the actual costs have exceeded the projected costs. This resulted in
the schools paying for the additional cost of the prior year's program in the upcoming program year.
However, in Fiscal Year 2020, the actual costs of the program were less than the projected costs. This
was due to COVID-19 school closures and the SRO officers working less at the schools. Since the
schools made payments based on the original estimated costs, this resulted in the schools overpaying
for services. These amounts were deducted from the Fiscal Year 2022 plan. The amounts deducted
were:
- Fort Worth ISD: $311,805.27
- Eagle Mountain Saginaw ISD: $42,518.90
- Keller ISD: $39,586.56.
- Lake Worth ISD: $7,086.49
- Northwest ISD: $56,691.87
http:Happs.cfwnet.org/council_packet/mc review.asp?ID=29228&councildate=9/14/2021 9/15/2021
M&C Review Page 2 of 2
- Lena Pope Home Inc.: $7,086.49
During the term of these contracts, October 1, 2021, through September 30, 2022, each participant
will have a set number of officers assigned to them as follows:
- Fort Worth ISD will have forty-four officers assigned to them at a cost of$3,854,416.30.
- Eagle Mountain Saginaw ISD will have six officers, plus a dedicated mobile officer assigned to them
at a cost of$691,152.23.
- Keller ISD will have four officers, plus a dedicated mobile officer assigned to them at a cost of
$504,710.86.
- Lake Worth ISD will have one officer assigned to them at a cost of$87,600.36.
- Northwest ISD will have eight officers assigned to them at a cost of$700,802.96.
- Lena Pope Home Inc., will have one officer assigned to them at a cost of$87,600.37
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 $5,926,283.09.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation and adoption of
the Fiscal Year 2022 Budget by the City Council, funds will be available in the Fiscal Year 2022
operating budget, as appropriated, in the Crime Control Prev Distr Fund. The Police Department
(and Financial Management Services) is responsible for the collection and deposit of funds due to the
City. Prior to an expenditure being incurred, the Police Department has the responsibility to validate
the availability of funds.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Neil Noakes (4212)
Additional Information Contact: Neil Noakes (4212)
ATTACHMENTS
http://apps.cfwnet.org/council_packet/mc review.asp?ID=29228&councildate=9/14/2021 9/15/2021