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HomeMy WebLinkAboutContract 44662 (2)CITY SECRETARY CONTRACT INTERLOCAL AGREEMENT BETWEEN THE CITY OF FORT WORTH AND FORT WORTH INDEPENDENT SCHOOL DISTRICT FOR PARTICIPATION IN THE CODE BLUE AT THE SCHOOL PROGRAM This agreement ("Agreement") is made and entered into between the City of Fort Worth, a home rule municipal corporation of the State of Texas ("City"), acting by and through Charles W. Daniels, its duly authorized Assistant City Manager, and the Fort Worth Independent School District, a political subdivision of the State of Texas located in Tarrant County and a legally constituted Independent School District ("District"), acting by and through Walter Dansby, its duly authorized Superintendent. 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, both City and District have the ability to create programs to enhance the security of the residents of the community and have determined that the security of students is paramount; WHEREAS, District wishes to participate in City's Code Blue at the School Program through which City provides enhanced safety measures to participating school districts that have schools within the City's city limits using City's Code Blue Members; and WHEREAS, City has received funds through the Fort Worth Crime Control and Prevention District to assist in funding the Code Blue at the School Program. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements herein expressed, the parties agree as follows: 1. ASSIGNMENT OF MEMBERS City, through the commander of Code Blue at the School Program and in conjunction with District personnel, shall assign Code Blue members ("members") to specific schools within the District to provide enhanced school safety. A member shall be at least eighteen (18) years old volunteering through the Fort Worth Police Department; is of good moral character; is free of felony convictions; meets or subscribes to the Code Blue at the School Program membership requirements; has successfully completed the application, background, and training process; is a non -salaried individual who offers his/her services for a limited time acting in the specific capacity of serving in the Code Blue at the School Program; is volunteering with no salary, benefits, or labor relations rights; and serves at the will of the Chief of Police of the Fort Worth Police Department. Assigned members shall patrol the campus and surrounding streets. The member shall not patrol the interior of the school. The assigned member shall not enforce Interlocal Agreement Between the City of Fort Worth and Fort Worth Independent School District OFFICIAL RECORD for Participation in the Code Blue at the School Program CITY SECRETARY RECEIVED JUL 30 2d13 ` FT. wain', District's school policies and shall not intervene in student affairs. City reserves the right, however, to reassign any or all members temporarily in the event of an emergency or when other circumstances require an enhanced member presence elsewhere in the City and/or when school is not in session. City shall coordinate assignment and duty hours with District. To handle unplanned absences at schools, members from a standby list may be assigned temporarily to provide coverage when necessary. Replacement members, when available, will be assigned to District when the assigned member's absence is for an extended period of time. 2. DUTIES AND RESPONSIBILITIES City will provide District members to patrol elementary school campuses within the City of Fort Worth City limits. City will also provide to the members assigned to the Code Blue at the School Program training and equipment required to perform assigned duties. City will complete a background check including fingerprints on all members. District will provide any radio equipment necessary to allow the assigned members to communicate with District staff. 3. EMERGENCY RESPONSE PLANS The City's Police Department shall maintain emergency response plans for every school within their jurisdiction. These plans shall be kept confidential in accordance with state law within the Police Department for security purposes, but meetings shall be held with authorized representatives of District to provide relevant information and excerpts from the plan necessary for implementation. City's Chief of Police shall designate a commander to be responsible for maintenance and dissemination of these plans. 4. NUMBER OF MEMBERS District covenants and agrees to fully cooperate with the City in the implementation of the Code Blue at the School Program within the elementary schools of the District. During the term of this Agreement and based on availability, the City will determine the number of members and patrol times when school is in session. 5. TERM The term of this Agreement is for a period beginning on June 10, 2013, and ending on September 30, 2014. This agreement may automatically renew for a one year period beginning on October 1, 2014, and ending on September 30, 2015, subject to appropriation of necessary funds by City. Interlocal Agreement Between the City of Fort Worth and Fort Worth Independent School District for Participation in the Code Blue at the School Program -2- 6. CONTINGENCY OF AGREEMENT It is expressly understood and agreed by and between the parties hereto that this Agreement is wholly conditioned upon the actual receipt by City of funds from the Fort Worth Crime Control and Prevention District and that if such funds from the Fort Worth Crime Control and Prevention District are not timely forthcoming, in whole or in part, City may, at its sole discretion, terminate this Agreement. 7. TERMINATION This Agreement may be terminated by either party hereto, in whole or in part, at any time and for any reason, upon giving a thirty (30) day written notice to the other party. Such written notice shall specify the effective date of the termination. S. CURE OF BREACH District and City covenant and agree that in the event either party fails to comply with, or breaches, any of the terms or provisions of this Agreement, each party shall provide written notice to the other as soon as reasonably possible after the non -breaching party becomes aware of the failure to comply or breach of contract. In the event that the breaching party fails to cure or correct such breaches within a reasonable time following the receipt of notice, such reasonable time not to exceed fifteen (15) days, the non -breaching party shall have the right to declare this agreement immediately terminated, and neither party shall have further responsibility or liability hereunder. 9. MONITORING District covenants and agrees to fully cooperate with City in monitoring the effectiveness of the services and work to be performed with the District under this Agreement, and City shall have access at all reasonable hours to offices and records of the District, its officers, members, agents, employees, and subcontractors for the purpose of such monitoring, such access being subject to the limitations and requirements under the Texas Public Information Act and the Family Educational Rights and Privacy Act (FERPA). 10. INDEPENDENT CONTRACTOR District shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of City. District shall be solely responsible for the acts and omissions of its officers, members, agents, servants, and employees. Neither City nor District shall be responsible under the Doctrine of Respondent Superior for the acts and omissions of the officers, members, agents, servants, employees, or officers of the other. Interlocal Agreetnent Between the City of Fort Worth and Fort Worth Independent School District for Participation in the Code Blue at the School Program -3- 11. PROPERTY LOSS City shall in no way nor under any circumstances be responsible for any property belonging to District, its officers, members, agents, employees, subcontractors, program participants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged. District shall in no way nor under any circumstances be responsible for any property belonging to City, its officers, members, agents, employees, subcontractors, program participants, licensees, or invitees, which may be lost, stolen, destroyed, or in any way damaged. 12. PROVISIONS REGARDING AGE City and District covenant that neither it nor any of its officers, members, agents, employees, program participants, or subcontractors, while engaged in the performance of this Agreement shall, in connection with the employment, advancement, or discharge of employees, or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age, except on the basis of a bona fide occupational qualification, retirement plan, or statutory requirement. City has set eighteen (18) as the minimum age of a member to participate in the Code Blue at the School Program. 13. NO DISCRIMINATION City and District, in the execution, performance or attempted performance of this Agreement, will not discriminate against any person or persons because of sex, race, religion, age, disability, color, national origin, or familial status, nor will District permit its agents, employees, subcontractors or program participants to engage in such discrimination. 14. SEVERABILITY The provisions of this Agreement are severable, and if for any reason a clause, sentence, paragraph or other part of this Agreement shall be determined to be invalid by a court or federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. 15. NO WAIVER The failure of City or District to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's or District's right to assert or rely upon any such term or right on any future occasion. Interlocal Agreement Between the City of Fort Worth and Fort Worth Independent School District for Participation in the Code Blue at the School Program -4- 16. VENUE Should any action, whether real or potential, at law or in equity, arise out of the execution, performance, attempted performance or non-performance of this Agreement, venue for said action shall lie in Tarrant County, Texas. 17. APPROVAL OF AGREEMENT The governing bodies of City and District have approved the execution of this Agreement, and the persons signing the Agreement have been duly authorized by the governing bodies of the City and District to sign this Agreement on behalf of the parties. 18. ENTIRE AGREEMENT This written instrument constitutes the entire agreement by the parties hereto concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. 19. NOTICE PROVISIONS Notices to District shall be deemed given when delivered in person to the Executive Director of Agency, or on the next business day after the mailing of said notice addressed to said District by United States mail, certified or registered mail, return receipt requested, and postage paid at 100 North University Drive, Fort Worth, Texas 76107. Notices to City shall be deemed given when delivered in person to the Assistant City Manager for Public Safety of the City, or the next business day after the mailing of said notice addressed to said City by United States mail, certified or registered mail, return receipt requested, and postage paid at 1000 Throckmorton, Fort Worth, Texas 76102. APPROVED FOR APPROVED FOR FORT WORTH CITY OF FORT WORTH: / INDEDENT S OOL DISTRICT: Ch rles W. Daniels Walter Dansby LI p,,� ���� i„r4r �a.��r �,!„-,L� Assistant City Manager Superintendent Date: 07 29. /3 Date: 'Z /0 —'/ 3 APPROVAL RECOMMENDED: Jeffrey . Halstead 7. iI.i; Chief of Police Interlocal Agreement Between the City of Fort Worth and Fat Worth Independent School District for Participation in the Code Blue at the School Program -5- APPROVED AS TO FORM AND LEGALITY: n ryr Jessica Singsvang Assistant City Attorney Date: TE i -P\ r)ce/ 4?�7ity ecretary Date: M&CNo. Contract No.: E_1151-� FWISD Attorney Interlocal Agreement Between the City of Fort Worth and Fort Worth Independent School District for Participation in the Code Blue at the School Program OFFICIAL RECORD CITY SECRRTARY FT. WORT19TX M&C Review Page 1 of 2 CITY COUNCIL AGENDA COUNCIL ACTION: Approved on 6/4/2013 Official site of the City of Fort Worth, Texas �QRT�II DATE: 6/4/2013 REFERENCE NO.: G-17917 LOG NAME: 35CCPD CODE BLUE AT THE SCHOOLS CODE: G TYPE: NON- PUBLIC CONSENT HEARING: NO SUBJECT: Authorize Change in Scope in the Fiscal Year 2013 Crime Control and Prevention District Fund to Revise the Code Blue Program to Include the Code Blue at the Schools Enhancement and Authorize Execution of an Interlocal Agreement with the Fort Worth Independent School District to Operate Code Blue at the Schools (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize a change in scope in the Fiscal Year 2013 Crime Control and Prevention District Fund to revise the Code Blue Program to include the Code Blue at the Schools Enhancement; and 2. Authorize the execution of an Interlocal Agreement with the Fort Worth Independent School District to operate Code Blue at the Schools. DISCUSSION: The Crime Control and Prevention District Board of Directors (Board) is responsible for formally adopting the annual Crime Control and Prevention District (CCPD) operating budget and establishing spending limits for each program. The CCPD Financial Management Policy Statements require both CCPD Board and City Council approval for changes in program scope. On May 16, 2013, the Board approved a change in scope for the Code Blue Program. The Code Blue Program budget is in the amount of $518,141.00 for operating funds for the Citizens on Patrol (COP) program and other community programs. The Police Department, in conjunction with the Fort Worth Independent School District (FWISD), is developing a program called Code Blue at the Schools, which will focus on increased awareness of potential violence at FWISD elementary schools. The program is an extension of the existing COP program that has served the City well for over 20 years. The growing number of tragedies in other communities has prompted the Police Department to join with FWISD and be proactive in hopes of preventing a tragedy in our community. The COP volunteers will serve on behalf of the Police Department as additional eyes and ears on the elementary school campus and will be able to contact 911 directly should violence erupt at a school. Over the next two years, the goal of this program is to recruit enough volunteers to patrol the perimeter of 84 FWISD elementary schools. The Police Department will start by using current COP volunteers and will begin recruiting new volunteers such as parents and grandparents of school children to participate in this program. The volunteers will not be inside the schools and will only patrol outside around the campuses to remain alert to threats. The change in scope will allow the Police Department to begin a pilot program at five schools during summer school in preparation to have the program fully implemented for the Fall 2013 semester. http://apps.efwnet.org/council_packet/mc review. asp?ID=18474&couneildate=6/4/2013 7/16/2013 M&C Review Page 2 of 2 The Interlocal Agreement outlines the roles of the FWISD and the City. Chapter 791 of the Texas Government Code provides authority for local governments to enter into Interlocal Agreements. Please find below a summary of the Interlocal Agreement highlights: City will provide Code Blue Program volunteers to patrol elementary schools. Also, the City will provide uniforms and associated training; City shall complete a background check including fingerprints on all volunteers; FWISD shall provide any radio equipment necessary to allow the assigned volunteers to communicate with district staff; During the term of this Agreement and based on availability, the City will determine the number of volunteers and patrol times; and The term of this Agreement is for a period beginning on June 10, 2013 and ending on September 30, 2013 and includes a renewal provision for Fiscal Year 2014, subject to budget approval. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for Citv Manaaer's Office bv: Oriainatina Department Head: Additional Information Contact: ATTACHMENTS Charles Daniels (6199) Jeffrey W. Halstead (4231) Shallah L. Graham (4229) Christy Rodriguez (4244) http://apps.cfwnet.org/council_packet/mc_review.asp?ID=18474&councildate=6/4/2013 7/16/2013