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HomeMy WebLinkAboutContract 56724 CSC No. 56724 INTERLOCAL AGREEMENT FOR THE SCHOOL RESOURCE OFFICER PROGRAM EAGLE MOUNTAIN SAGINAW 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 Jesus J. Chapa, its duly authorized Deputy City Manager, and the Eagle Mountain-Saginaw Independent School District("EMSISD"), a political subdivision of the State of Texas located in Tarrant County and a legally constituted Independent District("District"), acting by and through Steven G.Newcom, its duly authorized School Board President. RECITALS WHEREAS, 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 the City Council have determined that the security of students is paramount; WHEREAS, District wishes to participate in the School Resource Officer Program ("SRO Program")through which City provides school security to participating school districts with facilities within the City's territorial 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 SRO 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 SRO Program 2. Exhibit A—Scope of Services 3. Exhibit B—Payment Schedule 4. Exhibit C—School Resource Officer(SRO)—Roles and Responsibilities Exhibits A, B.and C, 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, B and C OFFICIAL RECORD EMSISD&CFW FY 2022 SRO lnterlocal Agreement CITY SECRETARY FT.WORTH, TX 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 "District" shall include the District, and its officers, agents, employees, representatives, servants, contractors or subcontractors. The term"City" shall include its officers, employees, agents, and representatives. The term"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 educational environment, in partnership with the District. The City will provide Fort Worth Police Department ("FWPD") officers at District schools within the territorial limits of Fort Worth. The District covenants and agrees to fully cooperate with the City in the implementation of the SRO 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 1,2021 ("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. CONSIDERATION. The District shall pay City $691,152.23 (the "Agreement amount") 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 SRO Program. The Agreement amount represents 50% of all personnel and operating costs incurred by the City for the Six (6) 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 school districts pay a proportional amount of the command staff costs based on the number of SRO Program officers assigned to each participating school district. The command staff includes one(1)detective,five(5) sergeants,two(2)relief police officers, and one (1) lieutenant assigned to the SRO Program. The Agreement amount includes the District's proportional share of the administrative operating fees of SRO-assigned patrol vehicles. EMSISD&CFW FY 2022 SRO Interlocal Agreement Page 2 of 16 In addition, the agreement amount represents 100% costs incurred by the City for the (one) police officer assigned to Watson High School and DAEP In the event that an officer is on leave due to an occupational injury, the City may provide a replacement officer. In the event the City elects to not provide a replacement officer,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 District shall remit funds to the City within thirty(30)calendar days following receipt of an official invoice. Invoices shall be provided by City to District on a monthly basis. In connection with the City's annual budget process, following the end of each Fiscal Year, funding shall be subject to a "true up" process in accordance with this paragraph. The City shall compare the actual costs of the prior Fiscal Year's program with the projected/budgeted amount for the current Fiscal Year and calculate any deviation between the two.The City shall notify the District of such deviation on or before the ninetieth (90t") day of the new Fiscal year. Any deviation will be reconciled with District by one of the following methods: (1) adjusting the projected/budgeted amounts for the next Fiscal Year's School Resource Officer contract; or(2) if the parties elect not to enter into another contract for the next Fiscal year, a direct payment of funds to the District, if the actual costs of the program were less than the projected costs program; or a direct payment of funds to the City if the actual costs exceed the projected costs of the program. 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 District under or in connection with this Agreement. 4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by the City in any fiscal period to fund the SRO Program, City will notify District 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. As the District shall make all payments under this Agreement from current revenues available, in the event no funds or insufficient funds are available at any time or during any fiscal period when such payment is due, District shall notify City of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which payment was received without penalty or expense to the District of any kind whatsoever. However, District shall be responsible to remit payment for all services provided by the City to the District prior to the termination date. EMSISD&CFW FY 2022 SRO Interlocal Agreement Page 3 of 16 4.3 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. 4.4 Breach The 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, the non-breaching 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 with, or breach of, any of the terms or provisions of this Agreement. The breaching party shall have a reasonable time not to exceed fifteen(15) days to cure or correct the breach. In the event the breaching party fails to cure or correct the breach, the District and City agree to follow the process as described in Section 14. 4.5 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, the District shall pay City for services actually rendered up to the effective date of termination and City shall continue to provide the District with services requested by the District 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 District a final invoice for the appropriately prorated unpaid balance due on the Agreement Amount for services rendered and District 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. District hereby warrants to the City that District 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,District hereby agrees immediately to make full disclosure to the City in writing. 5.2 Confidential Information. District, 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, except as required by law. City, for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by the District as confidential and shall not disclose any such information to a third party, except as required by law. In carrying out its duties, the City, and its officers,agents and employees,shall at all times recognize and respect the confidentiality of student information, including but not limited to confidential student records, and shall seek access to such records only in accordance with the requirements of the Family Education Rights and Privacy Act, 20 U.S.C. §1232g("FERPA"). 5.3 Unauthorized Access. District 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. District shall notify the City immediately if the security or integrity of any EMSISD&CFW FY 2022 SRO Interlocal Agreement Page 4 of 16 City information has been compromised or is believed to have been compromised, in which event, District shall, in good faith, use all commercially reasonable efforts to cooperate with the City in identifying what information has been accessed, modified, deleted or otherwise corrupted by unauthorized means and shall fully cooperate with the City to protect such information from further unauthorized tampering. 5.4 Federal Law Enforcement Database Access. If District, or any District Personnel, has access to any federal law enforcement database or any federal criminal history record information 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, District 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. District 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 District involving transactions relating to this Agreement at no additional cost to the City. District agrees that the City shall have access during normal working hours to all necessary District 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 District reasonable advance notice of intended audits. Section 6 shall survive the termination or expiration of this Agreement. 7. INDEPENDENT CONTRACTOR. District 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 District. City shall be solely responsible for the acts and omissions of its officers, members, agents, servants, and employees. 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 Respondent Superior for the acts EMSISD&CFW FY 2022 SRO Interlocal Agreement Page 5 of 16 and omissions of the officers, members, agents, servants, or employees of the other. Nothing in this Agreement shall waive any statutory or common-law immunity or defense of City or District. 8. 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. 9. NON-DISCRIMINATION COVENANT. The District and City, 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 the District or City permit its agents, employees, subcontractors or program participants to engage in such discrimination. In addition to the above, 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. Section 9 shall survive the termination or expiration of this contract. 10. LIABILITY To the extent allowed by law, the Parties shall be liable and responsible for any damages or loss caused by the negligent acts or omissions, or malfeasance or intentional misconduct of each of its respective officers, agents, servants, or employees.Nothing in the performance of this Agreement shall impose any liability for claims against District, other than claims that may arise as set forth in this section and Section 9, or for claims which the Texas Tort Claims Act may impose liability. Nothing in the performance of this Agreement shall impose any liability for claims against the City of Fort Worth other than claims that may arise as set forth in this section or for which liability may be imposed by the Texas Tort Claims Act. Section 10 shall survive the termination or expiration of this Agreement. 11. NOTICES. EMSISD&CFW FY 2022 SRO Interlocal Agreement Page 6 of 16 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 EMSISD Attn: Jesus J. Chapa Attn: Steven G.Newcom Deputy City Manager School Board President 200 Texas Street 1200 Old Decatur Road Fort Worth, Texas 76102-6311 Saginaw, Texas 76179 With Copy to the City Attorney At same address 12. 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. 13. NO WAIVER. The failure of the City or District to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or District's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 14. INFORMAL DISUTE RESOLUTION. Except in the event of termination for convenience pursuant to Section 4.3, if either the City or District has a claim, dispute, or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this Agreement, the Parties shall first attempt to resolve the matter through this dispute resolution process. The disputing Party shall notify the other Party in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the dispute and list the Party's specific reasons for such dispute. Within ten(10)business days of receipt of the notice, both Parties shall commence the resolution process and make a good faith effort, either through email, mail, phone conference, in person meetings, or other reasonable means to resolve any claim, dispute, breach or other matter in question that may arise out of, or in connection with this Agreement. If the Parties fail to resolve the dispute within sixty(60)days of the date of receipt of the notice of the dispute, then the Parties may submit the matter to non-binding mediation in Tarrant County, Texas, upon written consent of authorized representatives of both Parties in accordance with the Industry Arbitration Rules of the American Arbitration Association or EMSISD&CFW FY 2022 SRO Interlocal Agreement Page 7 of 16 other applicable rules governing mediation then in effect. The mediator shall be agreed to by the Parties.Each Party shall be liable for its own expenses,including attorney's fees;however,the Parties shall share equally in the costs of the mediation. If the Parties cannot resolve the dispute through mediation,then either Party shall have the right to exercise any and all remedies available under law regarding the dispute. Notwithstanding the fact that the Parties may be attempting to resolve a dispute in accordance with this informal dispute resolution process, the Parties agree to continue without delay all of their respective duties and obligations under this Agreement not affected by the dispute. Either Party may, before or during the exercise of the informal dispute resolution process set forth herein,apply to a court having jurisdiction for a temporary restraining order or preliminary injunction where such relief is necessary to protect its interests. 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. 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. City and District 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, epidemics or pandemics, material or labor restrictions by any governmental authority,transportation problems,restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any States, civil disturbances, other national or regional emergencies, and/or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected (collectively "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it hinders the party's performance, as soon as reasonably possible, as determined in the City's discretion, after the occurrence of the Force Majeure Event. The form of notice required by this section shall be the same as section 1 I above. EMSISD&CFW FY 2022 SRO Interlocal Agreement Page 8 of 16 18. Prohibition on Boycotting Energy Companies Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg.,R.S., S.B. 13, §2,the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1)does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and"company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement,by signing this Agreement,Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1)does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 19. Prohibition on Discrimination Against Firearm and Ammunition Industries Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg.,R.S., S.B. 19, § 1,the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms"discriminate,""firearm entity"and"firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg.,R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement_ 20. 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. EMSISD&CFW FY 2022 SRO Interlocal Agreement Page 9 of 16 21. 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 governing bodies. 22. REVIEW OF COUNSEL. The Parties acknowledge that each Party and its counsel have reviewed this Agreement. 23. 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. 24. ENTIRETY OF AGREEMENT. This Agreement, including Exhibits A and B, contains the entire understanding and agreement between the City and District, 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 it conflicts with any provision of this Agreement. 25. 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. 26. BODY WORN CAMERAS. City and District agree that any use of body-worn cameras by FWPD officers will be subject to and in compliance with state law and local regulations regarding the use and operation of body- worn cameras (BWC). City shall use its best efforts to notify the District at least two weeks before its SRO Program officers assigned to the District are to begin use of BWCs, and will provide written information and training to the principal and assistant principals of the schools to which the officers are assigned, on the objectives and procedures for the use of BWCs. Every SRO Program officer equipped with a BWC shall be trained in the operation of the equipment prior to its use.When utilizing BWCs, the SRO Program Officers shall adhere to the objectives and procedures outlined in this Agreement and the Fort Worth Police Department General Orders so as to maximize the effectiveness of the BWC and the integrity of the video documentation. City may, if not otherwise prohibited by law,provide to the District copies of any such filming of students,parents,employees,or others upon EMSISD&CFW FY 2022 SRO Interlocal Agreement Page 10 of 16 school property,upon request for such copies by the District,as an intergovernmental transfer. In the event the City believes the providing of a copy of such videos would be prohibited, City agrees to utilize its best efforts to facilitate the availability of the officer who made the video to testify, upon request by the District, in any school disciplinary hearing concerning the officer's knowledge of the facts and circumstances of the incident which was videoed. The Parties also agree that any such film or video taken by, and kept in the possession of, the City's officers may be considered "law enforcement records"under the Family Educational Rights and Privacy Act(FERPA),20 U.S.C. sec. 1232g and 34 C.F.R. Sec. 99.8, and that any copy of such film or video, if permitted by law to be provided to the District,may then become an educational record of the District under FERPA. In the event the District determines that such educational record is required to be released to the public or to a parent or a student under FERPA,the District agrees,prior to release of such records,to provide the City advanced written notice sufficient for the City to determine if a protective order or other injunctive relief may be required to protect the confidentiality of the record. [THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK] EMSISD&CFW FY 2022 SRO Interlocal Agreement Page 11 of 16 APPROVED AND AGREED FOR CITY OF FORT WORTH 71Z�u=== Jesus I.Chapa v 23, 021 08:10 CST) Jesus J. Chapa Steven G.Newcom Deputy City Manager School Board President Date: Date: 0- If -Zo Z( APPROVAL RECOMMENDED APPROVED AS TO FORM AND Neal Nalef LEGALITY FOR EMSISD Neil Noakes(Nov23,202105:35 CST) Neil Noakes Chief of Police EMSISD Attorney as Font�aa APPROVED AS TO FORM AND *00 . LEGALITY FOR CITY OF FORT 0WORTH ATTEST 0v °=�d i1ry 000000 Ay EX0 4y Taylor Paris Ronald P. Gonzales Assistant City Attorney Acting City Secretary Date: 9/14/2021 APPROVED AND AGREED FOR M&C No. 21-0680 EMSISD 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. Raqu leveland(Nov 18,2021 17:01 CST) Raquel Cleveland Contract Compliance Specialist OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX EMSISD&CFW FY 2022 SRO Interlocal Agreement Page 12 of 16 EXHIBIT A SCOPE OF SERVICES 1. City,through the commander of the SRO Program, shall assign FWPD officers to specific schools within the District to provide school security and officers shall work directly with the District's school principals. 2. There shall be six(6) City police officers assigned to the District for the SRO 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 SRO Program. The Lieutenant shall command the SRO Program. Additional officers will not be provided to District during the Term of the Agreement. The District 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 SRO 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 District. 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 District when the assigned police officer's absence is for an extended period of time. 5. City shall provide to the officers assigned to the SRO 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. 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 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. EMSISD&CFW FY 2022 SRO Interlocal Agreement Page 13 of 16 7. All police personnel assigned to the SRO 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. [THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK] EMSISD&CFW FY 2022 SRO Interlocal Agreement Page 14 of 16 EXHIBIT B PAYMENT SCHEDULE District will remit 11 payments at $57,596.00 per month within 30 days of receipt of an invoice from the City and a final payment due in the amount of$57,596.23. The failure of District to pay an invoice within 30 days of receipt will be considered a breach of this Agreement. $57,596.00 x 11 =$633,556.00 Final Payment =$ 57,596.23 Total Payments $691,152.23 EMSISD&CFW FY 2022 SRO Interlocal Agreement Page 15 of 16 EXHIBIT C SCHOOL RESOURCE OFFICER (SRO) ROLES AND RESPONSIBILITIES Duties: • The SRO will coordinate with school administers to establish and maintain a safe and secure learning environment. • SRO will assist in conflict resolution efforts with students, parents, and campus administration. • SRO will exercise efforts to maintain order as District staff enforce laws and ordinances of this state and city. • SRO will conduct foot patrols and monitoring of campus to assist school administration and local police in the prevention of criminal activity. • SRO will work closely with school administration to develop and train school staff in handling crisis situations once approved by SRO's supervisor. • SRO will attend and participate in school events such as drills, assemblies, and other daytime school activities, as needed and requested by campus administration and approved by SRO's supervisor. • SRO will work to build rapport and positive relationships with students, parents, and staff. • SRO will be a visible deterrent of criminal activity and provide a security presence on campus. • SRO will reasonably apply the Use of Force as described by the Police Department's Use of Force Policy. • SRO will assist campus administration in the removal of any unauthorized person(s) on the campus during class times or school events. • SRO will assist school administration with their security and safety concerns. • SRO will participate as a member of the campus threat assessment team as outlined by Senate Bill 11 for the purposes of assessing risks and threats in school. • SRO will assist with traffic on public and school property to ensure proper traffic flow around school campuses. EMSISD&CFW FY 2022 SRO Interlocal Agreement Page 16 of 16 INTERLOCAL AGREEMENT FOR THE SCHOOL RESOURCE OFFICER PROGRAM EAGLE MOUNTAIN SAGINAW 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 Jesus J. Chapa, its duly authorized Deputy City Manager, and the Eagle Mountain-Saginaw Independent School District("EMSISD"),a political subdivision of the State of Texas located in Tarrant County and a legally constituted Independent District("District"), acting by and through Steven G.Newcom, its duly authorized School Board President. RECITALS WHEREAS, 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 the City Council have determined that the security of students is paramount; WHEREAS, District wishes to participate in the School Resource Officer Program ("SRO Program")through which City provides school security to participating school districts with facilities within the City's territorial 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 SRO 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 SRO Program 2. Exhibit A—Scope of Services 3. Exhibit B—Payment Schedule 4. Exhibit C—School Resource Officer(SRO)—Roles and Responsibilities Exhibits A, B.and C, 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, B and C EMSISD&CFW FY 2022 SRO Interlocal Agreement Page 1 of 16 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 "District" shall include the District, and its officers, agents, employees, representatives, servants, contractors or subcontractors. The term"City" shall include its officers, employees, agents, and representatives. The term "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 educational environment, in partnership with the District.The City will provide Fort Worth Police Department("FWPD") officers at District schools within the territorial limits of Fort Worth. The District covenants and agrees to fully cooperate with the City in the implementation of the SRO 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 1,2021 ("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. CONSIDERATION. The District shall pay City $691,152.23 (the "Agreement amount") 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 SRO Program. The Agreement amount represents 50% of all personnel and operating costs incurred by the City for the Six (6) 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 school districts pay a proportional amount of the command staff costs based on the number of SRO Program officers assigned to each participating school district. The command staff includes one(1)detective,five(5) sergeants,two(2)relief police officers, and one (1) lieutenant assigned to the SRO Program. The Agreement amount includes the District's proportional share of the administrative operating fees of SRO-assigned patrol vehicles. EMSISD&CFW FY 2022 SRO Interlocal Agreement Page 2 of 16 In addition, the agreement amount represents 100% costs incurred by the City for the (one) police officer assigned to Watson High School and DAEP In the event that an officer is on leave due to an occupational injury,the City may provide a replacement officer. In the event the City elects to not provide a replacement officer, 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 District shall remit funds to the City within thirty(30)calendar days following receipt of an official invoice. Invoices shall be provided by City to District on a monthly basis. In connection with the City's annual budget process, following the end of each Fiscal Year, funding shall be subject to a "true up" process in accordance with this paragraph. The City shall compare the actual costs of the prior Fiscal Year's program with the projected/budgeted amount for the current Fiscal Year and calculate any deviation between the two.The 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 one of the following methods; (1) adjusting the projected/budgeted amounts for the next Fiscal Year's School Resource Officer contract; or(2) if the parties elect not to enter into another contract for the next Fiscal year, a direct payment of funds to the District, if the actual costs of the program were less than the projected costs program; or a direct payment of funds to the City if the actual costs exceed the projected costs of the program. 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 District under or in connection with this Agreement. 4.2 Non-appropriation of Funds. In the event no funds or insufficient finds are appropriated by the City in any fiscal period to fund the SRO Program, City will notify District 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. As the District shall make all payments under this Agreement from current revenues available, in the event no funds or insufficient funds are available at any time or during any fiscal period when such payment is due, District shall notify City of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which payment was received without penalty or expense to the District of any kind whatsoever. However, District shall be responsible to remit payment for all services provided by the City to the District prior to the termination date. EMSISD&CFW FY 2022 SRO Interlocal Agreement Page 3 of 16 4.3 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. 4.4 Breach The 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, the non-breaching 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 with, or breach of, any of the terms or provisions of this Agreement. The breaching party shall have a reasonable time not to exceed fifteen (15) days to cure or correct the breach. In the event the breaching party fails to cure or correct the breach, the District and City agree to follow the process as described in Section 14, 4.5 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, the District shall pay City for services actually rendered up to the effective date of termination and City shall continue to provide the District with services requested by the District 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 District a final invoice for the appropriately prorated unpaid balance due on the Agreement Amount for services rendered and District 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. District hereby warrants to the City that District 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, District hereby agrees immediately to make full disclosure to the City in writing. 5.2 Confidential Information. District, 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, except as required by law. City, for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by the District as confidential and shall not disclose any such information to a third party, except as required by law. In carrying out its duties, the City, and its officers, agents and employees,shall at all times recognize and respect the confidentiality of student information, including but not limited to confidential student records, and shall seek access to such records only in accordance with the requirements of the Family Education Rights and Privacy Act, 20 U.S.C. §1232g("FERPA"). 5.3 Unauthorized Access. District 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. District shall notify the City immediately if the security or integrity of any EMSISD&CFW FY 2022 SRO Interlocal Agreement Page 4 of 16 City information has been compromised or is believed to have been compromised, in which event, District shall, in good faith, use all commercially reasonable efforts to cooperate with the City in identifying what information has been accessed, modified, deleted or otherwise corrupted by unauthorized means and shall fully cooperate with the City to protect such information from further unauthorized tampering. 5.4 Federal Law Enforcement Database Access. If District, or any District Personnel, has access to any federal law enforcement database or any federal criminal history record information 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, District 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. District 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 District involving transactions relating to this Agreement at no additional cost to the City. District agrees that the City shall have access during normal working hours to all necessary District 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 District reasonable advance notice of intended audits. Section 6 shall survive the termination or expiration of this Agreement. 7. INDEPENDENT CONTRACTOR. District 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 District. City shall be solely responsible for the acts and omissions of its officers, members, agents, servants, and employees. 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 Respondent Superior for the acts EMSISD&CFW FY 2022 SRO Interlocal Agreement Page 5 of 16 and omissions of the officers, members, agents, servants, or employees of the other. Nothing in this Agreement shall waive any statutory or common-law immunity or defense of City or District. 8. 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. 9. NON-DISCRIMINATION COVENANT. The District and City, 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 the District or City permit its agents, employees, subcontractors or program participants to engage in such discrimination. In addition to the above, 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. Section 9 shall survive the termination oY•expiration of this contract. 10. LIABILITY To the extent allowed by law, the Parties shall be liable and responsible for any damages or loss caused by the negligent acts or omissions, or malfeasance or intentional misconduct of each of its respective officers, agents, servants, or employees.Nothing in the performance of this Agreement shall impose any liability for claims against District, other than claims that may arise as set forth in this section and Section 9, or for claims which the Texas Tort Claims Act may impose liability. Nothing in the performance of this Agreement shall impose any liability for claims against the City of Fort Worth other than claims that may arise as set forth in this section or for which liability may be imposed by the Texas Tort Claims Act. Section 10 shall survive the termination or expiration of this Agreement. 11. NOTICES. EMSISD&CFW FY 2022 SRO Interlocal Agreement Page 6 of 16 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 EMSISD Attn: Jesus J. Chapa Attn: Steven G. Newcom Deputy City Manager School Board President 200 Texas Street 1200 Old Decatur Road Fort Worth, Texas 76102-6311 Saginaw, Texas 76179 With Copy to the City Attorney At same address 12. GOVERNMENTAL POWERSAMMUNITIES. 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. 13. NO WAIVER. The failure of the City or District to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or District's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 14. INFORMAL DISUTE RESOLUTION. Except in the event of termination for convenience pursuant to Section 4.3, if either the City or District has a claim, dispute, or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this Agreement, the Parties shall first attempt to resolve the matter through this dispute resolution process. The disputing Party shall notify the other Party in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the dispute and list the Party's specific reasons for such dispute. Within ten(10)business days of receipt of the notice, both Parties shall commence the resolution process and make a good faith effort, either through email, mail, phone conference, in person meetings, or other reasonable means to resolve any claim, dispute, breach or other matter in question that may arise out of, or in connection with this Agreement. If the Parties fail to resolve the dispute within sixty(60) days of the date of receipt of the notice of the dispute, then the Parties may submit the matter to non-binding mediation in Tarrant County, Texas, upon written consent of authorized representatives of both Parties in accordance with the Industry Arbitration Rules of the American Arbitration Association or EMSISD&CFW FY 2022 SRO Interlocal Agreement Page 7 of 16 other applicable rules governing mediation then in effect. The mediator shall be agreed to by the Parties.Each Party shall be liable for its own expenses,including attorney's fees;however,the Parties shall share equally in the costs of the mediation. If the Parties cannot resolve the dispute through mediation,then either Party shall have the right to exercise any and all remedies available under law regarding the dispute. Notwithstanding the fact that the Parties may be attempting to resolve a dispute in accordance with this informal dispute resolution process, the Parties agree to continue without delay all of their respective duties and obligations under this Agreement not affected by the dispute. Either Party may, before or during the exercise of the informal dispute resolution process set forth herein, apply to a court having jurisdiction for a temporary restraining order or preliminary injunction where such relief is necessary to protect its interests. 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. 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. City and District 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, epidemics or pandemics, material or labor restrictions by any governmental authority,transportation problems,restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any States, civil disturbances, other national or regional emergencies, and/or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected (collectively "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it hinders the party's performance, as soon as reasonably possible, as determined in the City's discretion, after the occurrence of the Force Majeure Event. The form of notice required by this section shall be the same as section 11 above. I EMSISD&CFW FY 2022 SRO Interlocal Agreement Page 8 of 16 18. Prohibition on Boycotting Ener2y Companies Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg.,R.S., S.B. 13, § 2,the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the teem of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg.,R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement,by signing this Agreement,Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 19. Prohibition on Discrimination Against Firearm and Ammunition Industries Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., RS., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms"discriminate,""firearm entity"and"firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg.,R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement_ 20. 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. EMSISD&CFW FY 2022 SRO Interlocal Agreement Page 9 of 16 21. 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 governing bodies. 22. REVIEW OF COUNSEL. The Parties acknowledge that each Party and its counsel have reviewed this Agreement. 23. 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. 24. ENTIRETY OF AGREEMENT. This Agreement, including Exhibits A and B, contains the entire understanding and agreement between the City and District, 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 it conflicts with any provision of this Agreement. 25. 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. 26. BODY WORN CAMERAS. City and District agree that any use of body-worn cameras by FWPD officers will be subject to and in compliance with state law and local regulations regarding the use and operation of body- worn cameras (BWC). City shall use its best efforts to notify the District at least two weeks before its SRO Program officers assigned to the District are to begin use of BWCs, and will provide written information and training to the principal and assistant principals of the schools to which the officers are assigned, on the objectives and procedures for the use of BWCs. Every SRO Program officer equipped with a BWC shall be trained in the operation of the equipment prior to its use. When uti lining BWCs, the SRO Program Officers shall adhere to the objectives and procedures outlined in this Agreement and the Fort Worth Police Department General Orders so as to maximize the effectiveness of the BWC and the integrity of the video documentation. City may, if not otherwise prohibited by law,provide to the District copies of any such filming of students,parents, employees, or others upon EMSISD&CFW FY 2022 SRO Interlocal Agreement Page 10 of 16 school property,upon request for such copies by the District,as an intergovernmental transfer. In the event the City believes the providing of a copy of such videos would be prohibited, City agrees to utilize its best efforts to facilitate the availability of the officer who made the video to testify, upon request by the District, in any school disciplinary hearing concerning the officer's knowledge of the facts and circumstances of the incident which was videoed. The Parties also agree that any such film or video taken by, and kept in the possession of, the City's officers may be considered "law enforcement records"tinder the Family Educational Rights and Privacy Act(FERPA),20 U.S.C. sec. 1232g and 34 C.F.R. Sec. 99.8, and that any copy of such film or video, if permitted by law to be provided to the District, may then become an educational record of the District under FERPA. In the event the District determines that such educational record is required to be released to the public or to a parent or a student under FERPA,the District agrees,prior to release of such records,to provide the City advanced written notice sufficient for the City to determine if a protective order or other injunctive relief may be required to protect the confidentiality of the record. [THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK] EMSISD&CFW FY 2022 SRO Interlocal Agreement nt Page 11 of 16 APPROVED AND AGREED FOR CITY OF FORT WORTH Jesus I.Chapa v 23,202108:10 CST) ' Jesus J. Chapa Steven G.Newcom Deputy City Manager School Board President Date: Date: (/" j ,Zy Z( APPROVAL RECOMMENDED APPROVED AS TO FORM AND Ned NOale f LEGALITY FOR EMSISD Neil Noakes(Nov 23,202105:35 CST) Neil Noakes Chief of Police EMSISD Attorney APPROVED AS TO FORM AND LEGALITY FOR CITY OF FORT WORTH ATTEST Taylor Paris Ronald P. Gonzales Assistant City Attorney Acting City Secretary Date: 9/14/2021 APPROVED AND AGREED FOR M&C No. 21-0680 EMSISD 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. Raqu leveland(Nov 18,202117:01 CST) Raquel Cleveland Contract Compliance Specialist EMSISD&CFW FY 2022 SRO Interlocal Agreement Page 12 of 16 EXHIBIT A SCOPE OF SERVICES 1. City,through the commander of the SRO Program,shall assign FWPD officers to specific schools within the District to provide school security and officers shall work directly with the District's school principals. 2. There shall be six(6) City police officers assigned to the District for the SRO 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 SRO Program. The Lieutenant shall command the SRO Program. Additional officers will not be provided to District during the Term of the Agreement. The District 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 SRO 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 District. 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 District when the assigned police officer's absence is for an extended period of time. S. City shall provide to the officers assigned to the SRO 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. 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 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. EMSISD&CFW FY 2022 SRO Interlocal Agreement Page 13 of 16 7. All police personnel assigned to the SRO 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. [THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK] EMSISD&CFW FY 2022 SRO Interlocal Agreement Page 14 of 16 EXHIBIT B PAYMENT SCHEDULE District will remit 11 payments at $57,596.00 per month within 30 days of receipt of an invoice from the City and a final payment due in the amount of$57,596.23. The failure of District to pay an invoice within 30 days of receipt will be considered a breach of this Agreement. $57,596.00 x 11 = $633,556.00 Final Payment =$ 57,596.23 Total Payments $691,152.23 EMSISD&CFW FY 2022 SRO Interlocal Agreement Page 15 of 16 EXHIBIT C SCHOOL RESOURCE OFFICER (SRO) ROLES AND RESPONSIBILITIES Duties: • The SRO will coordinate with school administers to establish and maintain a safe and secure learning environment. • SRO will assist in conflict resolution efforts with students, parents, and campus administration. • SRO will exercise efforts to maintain order as District staff enforce laws and ordinances of this state and city. • SRO will conduct foot patrols and monitoring of campus to assist school administration and local police in the prevention of criminal activity. • SRO will work closely with school administration to develop and train school staff in handling crisis situations once approved by SRO's supervisor. • SRO will attend and participate in school events such as drills, assemblies, and other daytime school activities, as needed and requested by campus administration and approved by SRO's supervisor. • SRO will work to build rapport and positive relationships with students, parents, and staff. • SRO will be a visible deterrent of criminal activity and provide a security presence on campus. • SRO will reasonably apply the Use of Force as described by the Police Department's Use of Force Policy. • SRO will assist campus administration in the removal of any unauthorized person(s) on the campus during class times or school events. • SRO will assist school administration with their security and safety concerns. • SRO will participate as a member of the campus threat assessment team as outlined by Senate Bill 11 for the purposes of assessing risks and threats in school. • SRO will assist with traffic on public and school property to ensure proper traffic flow around school campuses. EMSISD&CFW FY 2022 SRO Interlocal Agreement Page 16 of 16 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA r0RTWORTI,II 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://apps.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 ChartfieId 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I I ID I I Year Chartfield 2 Submitted for City Manager's Office b :: 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