HomeMy WebLinkAboutContract 58260 CSC No. 58260
INTERLOCAL AGREEMENT FOR THE.SCHOOL RESOURCE OFFICER PROGRAM
NORTHWEST 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 Fernando
Costa, its duly authorized Assistant City Manager, and the Northwest Independent School
District. ("NISD"), apolitical subdivision in the. State of Texas located.in Tarrant County and a.
legally constituted Independent.District. ("District"), acting by and through its Board of Trustees
and.Dr. Michael Griffin, its.duly authorized Acting.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 INTER-LOCAL
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 assistance to participating school districts
with facilities within the City's territorial limits using Citys police officers; and
WHEREAS, City will receive funds through the Fort Worth Crime Control. and Prevention
District("CCPD")to assist..infunding City's portion of the SRO Program costs,
NOW, THEREFORE., in consideration of the mutual covenants, promises anal agreements
herein expressed,the Parties agree as fo.11ows-
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-Roles and Responsibilities far Officers.
Exhibits A and B, 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 and B and the
OFFICIAL RECORD
Northwest &.CFW FY 2023 SRO Agreement CITY SECRETARY
FT. WORTH, TX
terms and conditions set forth in the body of this Agreement,the terms and conditions set forth in the
body of this lnterlocal Agreement shall.control.
The term "District" .shall include the District, and its officers, agents, employees, representatives,
servants, contractors orsubcontractors.
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 Distria with school security services for the purpose of
creating a$afe 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 anal 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; 2022 ("Effective Date")and shall continue in
full force and effect until September 30, 2023, unless terminated earlier in accordance with. the.
provisions of this Agreement.
3. CONSIDERATION..
The District shall.pay City $804,056.82 (the "Agreement amount") in accordance with the
provisions of this Agreement and the Payment Schedule.attached as "Exhibit M" Such Agreement
amount is based upon fixed expenditures for personnel and operating costs for police officers assigned
to the SRO Program. The District will be required to have at least one officer assigned per 1,500
students in any school that an officer is assigned. 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 District will be required to accept the assignment of additional police.officers to
accommodate the proper ratio between student body and an-campus police officers. If.additional
officers are required pursuant to this section, the.District shall pay City:an additional $I58;974.00
annually per additional officer..The Agreement amount is a projected figure:based upon estimated.
Northwest.:&UW FY 2023 SRO Agreement Page 2.of 1.6.
costs for the program for the corning City Fiscal Year,' 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
(I)lieutenant assigned to the SRO.Program.In addition„the Agreement amount includes the District's
proportional share of the.administrative operating fees of SR07assigned patrol vehicles.
In the event that a position is.unfilled (for example, due to an occupational injury, transfer,
or termination),the Agreement Amount shall not be reduced or amended due to such absence unless.
the position is-unfilled for 15 cumulative days in a six-month period,.and in that case,the District will
not be.charged the personnel costs.for the unfilled position for the total number of unfilled.days..
It is understood and agreed thatDistrict 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.
Ili.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 (90th) 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 riot 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. Regardless of such true up
proces.s,.-in no event shall the contract amount exceed.$Sb7,345,28,
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 pet-formed by District under or in connection
with this Agreement..
1 Fiscal Yearshall be defined as:the twelve-month period beginning October 1 and ending 5eptemher.30,or such.
alternate.twelve-month period as approved in writing by the City.
Northwest. &C17W FY 2023 SRO Agreement Page 3 of 16
4.2 Convenience.
The City may terminate this Agreement.at any time.and for any reason by providing
the other Party with.3Q days' written notice of termination..
4.3 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.
414 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 provi&—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 payri-ment.in full within thirty(N)days.after the date of such invoice.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
5.1 Disclosure of Convicts.
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.
Each Party,, for itself and its offcers,.agents and employees, agrees that it shall treat
all information provided to it by the other Party as confidential and shall not disclose any
such information to a third party without the.prior written approval of the other Party.
Northwest &CFW.FV*3 SRO Agreement Page 4 of 1G
5.3 Unauthorized Access.
Each.Party shall store-and maintain.the other Party's Information in.a secure manner
and shall.not.allow.unauthorized users to.access, modify, delete or otherwise .corrupt the
other Party's Information in any way. Each Party shall notify the other Party immediately.if
the security or integrity of the other Party's information has.been compromised or is.believed
to, have been compromised., in which event, the Party shall, in good faith, use all
commercially reasonable efforts to cooperate with.. the other Party in identifying what
information has been accessed, modified., deleted or otherwise corrupted by unauthorized
means.and shall fully cooperate with the other Party 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 enforcemea
database or anyfederal 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.I~ederal.Bureau of. Investigation
Criminal Justice Information Services Security Addendum.
5.5 Family Educational Rights and Privacy Act.
Notwithstanding any contrary prov isiom in this Agreement,the City will comply with
applicable federal (including,but.not limited to,the Family Educational Rights and Privacy
Act),state and local laws in providing the services contemplated herein.
6. RIGHT TO AUDIT.
District agrees that the City shall,untiI the expiration of three years after final payment under
this Agreement, or the final concluMon 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.
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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
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 not under any.circumstances be responsible for any property belonging
to District, its officers, members, agents, employees,..subcontractors,.ptogram participants, licensees
or invitees,which may be lost; stolen, destroyed.or in any Way damaged.
9. PROVISIONS REGARDING AGE.
City.and District covenant that neither it nor any of its off cers,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.
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 DEATH, TO ANY AND ALL PERSONS, OF ANY KIND
OR CHARACTER,WHETHER REAL OR ASSERTED,TO THE EXTENT CAUSED BY THE
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NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR. INTENTIONAL
MISCONDUCT OF DISTRICT,ITS OFFICERS,AGENTS,SERVANTS.OR EMPLOYEES.
TO THE EXTENT .ALLOWED BY TEXAS LAW AND WITHOUT WAIVING DISTRICT'S
IMMUNITIES,DISTRICT AGREES TO DEFEND,INDEMNIFY;AND HOLD THE CITY,ITS
OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES HARMLESS :AGAINST ANY.AND
ALL CLAIMS, LAWSUITS, ACTIONS, COSTS, AND EXPENSES OF .ANY FIND,
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(I)DISTRICT'S BREACH OF
ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR(II) ANY NEGLIGENT
ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF DISTRICT, ITS OFFICERS;,
AGENTS,ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE.`CITY), OR
SUBCONTRACTORS RELATED TO THE PERFORMANCE OF THIS AGREEMENT;
EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION SHALL NOT
APPLY TO ANY LIABILITY.RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY
OR:ITS OFFICERS,AGENTS,EMPLOYEES,OR SEPARATE CONTRACTORS,AND IN
THE EVENT OF :JOINT AND CONCURRENT NEGLIGENCE OF BOTH DISTRICT AND
CITY, RESPONSJBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN
ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN SHALL
BE CONSTRUED AS A WAIVER OF THE CITY'S OR THE:DISTRICT'S GOVERNMENTAL
IMMUNITY.AS FURTHER-PROVIDED BY THE LAWS OF TEXAS.
Section 10 shall survive the termination or expiration of this Agreement.
it: NONDISCRIMINATION COVENANT.
District, for itself, its personal representatives, assigns, subcontractors and successors in.
interest, as part of.the consideration herein; agrees that in the performance of District's duties and
obligations,hereunder, it shall not discritninate in the treatment or employment of any individual or
group of individuals on any basis prohibited by law. If any.claim arises from an alleged violation.of
this non-discrimination covenant by District; its personal representatives, assigns; subcontractors Or
successors in interest, District 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 flaw and without waiving
the District's immunities.
Section:It shall survive the termination or expiration of this Agreement.
12. NOTICES.
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:
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City of Fort Worth NIiSII
Attn: Fernando Costa Attn:Dr. Michael.Griffin
Assistant City Manager Acting Superintendent
240 Texas Street 2001 Texan Drive
Fort Worth,Texas 76 1 02-63 1 1 :Tustin,Texas 76247.
With Copy to the City-Attorney With Copy to the District's
At same address General Counsel at same.address
13. GOVERNMENTAL POWERSAMMU.NITIES.
It is understood and agreed that by execution of this Agreement, the City and`the District do.
not waive or surrender any of their.respective governmental powers or immunities.
14. 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.
15. GOVERNING LAW./VENUE.
This%Agreement,shall be construed in accordance With the Iaws 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 or the United States District.
Court for the.Northern District of Texas, Fort Worth Division.
16. SE'VERASILITY..
If,any provision of this Agreement is held to be invalid, illegal or unenforceable,the validity,.
legality and enforceabiIity.af 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. tnajeure 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, Iockouts; natural disasters; wars, riots, epidemics or pandemics, material or labor
Northwest &.CFW FY 2023.SRO Agreement Page 9 of 16
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
(collecti.vely ".Force Majeure Event").. The:.performance of any such.obiigation 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 patty'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 12 above.
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.131 13., §.2, the City is prohibited from. entering:into a
contract.f'or goods or seivices 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: (l) 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 22.74 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 verif cation 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. 1.9, .§ .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.
who 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 LL the:contract.against.a.firearm entity or
"' L ��
firearm trade association. The terms"discriminate,."
"firearm entityf7 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 firearrn:.trade association; and (2)
Northwest &CFW FY 2023.SRO Agreement Page 9 o£.M
vVill not discriminate against a firearm entity or firearm trade. association during the terra of this
Agreement_
20. READINGS 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.
2I. 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 bythe 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 and revised.this
Agreement.and that the normal rules :of construction to.the .effect:.that any ambiguities. are.to he
resolved against the drafting Party shall not.be employed in the interpretation of this.Agreement.or
exhibits hereto.
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 iriterest, as to the.matters
contained herein. Any prior or contemporaneous oral or written agreementis hereby declared null
and void to the extent it conflicts with any provision of this.Agreement.
25. COUNTERPARTS AND ELECTRONIC.SIGNATURES.
This Agreement may be executed in one or more counterparts and each counterpart shalt, for
all purposes be deemed an original, but all such counterparts.shall.together constitute one and the
same instrument. A signature received via facsimile or electronically via. email shall be as. legally
binding for all purposes as.an original signature.
Northwest &CFW FY 2023.SRO Agreement. Page 10 of 16
2.6. BODY WORN CAMERAS.
City and District agree.that any use of body-worn cameras by FWPD officers willbe 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 Genera[Orders so as to maximize the effectiveness
of the B WC 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
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 hest.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 falin
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.
1:232g and 34 C.F.R. Sec. 99.8, and that any.copy of such film or video, if permitted by.law.to he
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 tore!ease 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]
Northwest. &CFW FY 2023 SRO Agreement Page 11 of 16
APPROVED AND AGREED FOR CITY APPROVED AND AGREED FOR NISD
OF FORT WORTH
Fernando Costa
Assistant City Manager Dr. Michael Griffinf�;"-v
Date:
Oct 17, 2022 Acting Superintendent
Date: bv a-1 , '�Y
APPROVAL RECOMMENDED
Robert lldr�ec ge(Oct 17,2022 08:42 CDT)
Neil Noakes
Chief of Police d
a�k-�O'
FOR'00000 ATTEST 9 o° 0�0d//��S °Jannette S.Goodall(Oct 17,2022 15:11 CDT) V0O]annette Goodall *�APPROVED AS TO FORM AND City Secretary �� °°°°°°°°°°° o
LEGALITY FOR CITY OF FORT �a�nEXASaAp
WORTH
Date: Oct 17,2022
Taylor C. Paris
Assistant City Attorney
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.
Sasha Kane(Oct 12ct 12,2022 15:27 CDT)
Sasha Kane
Sr. Contract Compliance Specialist
OFFICIAL RECORD
CITY SECRETARY
NISD&CFW FY 2023 SRO Interlocal Agreement FT.WORTH, TX
EXHIBIT A
SCOPE OF SERVICES
1. City,.through the commander of the..SRO Program, shall.assign FWPp officers to specific
schools within the District to pra.vide:school security and officers shall work directly with
the I7istrict.'s school principals.
Z. There shall.be eight(8) City police officers assigned tathe District for the SRO Program.
In addition,..there shall be a command staff comprised of one (1) detective, five (5)
sergeants.,. tw.a: .(2) relief police officers;. anal 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).
I 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.. 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.
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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.
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NfSD&CFW FY 3423 SRO Interlocal Agreement Page 14 of.1.6
EXHIBIT B
PAYMENT SCHEDULE
District will remit I I.payments at.$67,004.73 per month within 3.0 days of rece.ipt.of an invoice
from the City and a final payment due in the amount of$67,0o4.79. The failure.of District to
pay an invoice within 30 days of receipt will:be considered a breach of this Agreement,
$67,00.4.73 x 1 I =$737,052.03
Final Payment= $67.004.79
Total Payments .$804;056.82
NISD&.CFW.FY 2023 SRO Interlocal Agreement. Page 155 of 1.6
Exhibit C
Roles and Responsibilities for Officers
SRO will collaborate with school admiriistrators to establish and maintain a.safe and
secure learning environment.
SRO will assist with conflict resolution efforts and.build a positive rapport with students;:
parents,visitors and campus staff.
SRO will conduct'activities that will help to maintain order, by enforcing state laws and
city ordinances.
SRO will conduct foot patrols:a.nd monitoring of District campuses.to deter criminal
activity.
SRO will.work closely with school administration to.develop and train school staff in
responding to various crisis situations once approved by SRO's chain of command as
well as the districts Safety&Security department,
SRO may, when available, 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 assist campus administration in the removal of any unauthorized persons.on
the campus during their shift..
SRO will assist school administration with campus security and safety concerns:
SRO will consult with the campus threat assessment tea rn.created by Senate.Bill 11 for
the purposes of assessing risks and threats in school.
SRO may assist with traffic on p.ubiic and school property to ensure proper traffic'flow
around school campuses.
MSD&CFW FY 2.023 SRO Interlocal Agreement Page 16 of 1.6
M&C Review Page 1 of 3
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FART II
Create New From This M&C
REFERENCE 35SCHOOL RESOURCE
DATE: 9/13/2022 NO.: M&C 22-0711 LOG NAME: OFFICER PROGRAM
FY23
CODE: C TYPE: NON- PUBLIC CONSENT HEARING: NO
SUBJECT: (ALL) Authorize Execution of Agreements with Fort Worth, Keller, Eagle Mountain
Saginaw, and Northwest 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 2023 in the Total Amount of
$6,706,864.36 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, and Northwest
Independent School Districts, as well as Lena Pope Home, Inc., to operate the School Resource
Officer Program for Fiscal Year 2023 in the total amount of$6,706,864.36.
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 (FY) 2023, a total of 78 officers are assigned to the School Resource Officer Program
with a total budget of$10,049,712.00, of which $6,706,864.36 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 68 of the 78 positions. Eagle Mountain Saginaw ISD will have School
Resource Officers for an abridged period during the FY 2023. Keller ISD will have one mobile officer
to rotate between schools specifically within the school district. Keller 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.
Share of
Cost Category No. of Cost ISD Participants
Positions CCPD ISDs
FWISD , Keller ISD,
Operating and 68 50\% 50\% Northwest ISD, Eagle
Personnel Cost Mountain Saginaw ISD,
Lena Pope Home
Cost Officer Mobile I 100\ Keller ISD
%
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=30263&councildate=9/13/2022 10/12/2022
M&C Review Page 2 of 3
Cost for FWISD , Keller ISD,
Supervisors and g 100\ Northwest ISD, Eagle
Relief Positions % Mountain Saginaw ISD, At the end of each full
Lena Pope Home fiscal year, FWPD staff
�Total Number 78 reconciles the actual
of Positions cost of the prior year
program with the
budgeted costs. In past years, the actual costs have exceeded the budgeted costs. This resulted in
the schools paying for the additional cost of the prior year's program in the upcoming program year.
However, in FY2020 and FY2021, the actual costs of the program were less than the budgeted costs
due to COVID-19. Since the schools made payments based on the original budgeted costs, this
resulted in the schools overpaying for services and the overpaying amounts needs to be deducted
from the FY2023 plan.
During the term of these contracts, October 1, 2022 through September 30, 2023, each participant will
have a set number of officers assigned to them as shown in the following table. 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 $6,706,864.36.
No. FY23 Plan Payback Adjusted FY23
ISD Officers Amount Amount/Deduct Plan Amount
Assigned from FY23 Plan
Fort Worth 44 $224,956.57 $4,422,312.47
ISD $4,647,269.04
Keller ISD 12 F$1,346,921. 1$28,607.86 $1,318,314.04
SD Northwest �$844,958.01 F$40,901-19 $804,056.82
Lena
Pope 1 $105,619.75 $5,112.65 $100,507.10
Home Inc.
Lake $0 $5,112.66 -$5,112.66
Worth ISD
Eagle
Mountain 4 $105,619.75 $38,833.16 $66,786.59
Saginaw
ISD
Total 69 F$7,050,388. 1$343,524.09 J$6,706,864.36
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation and adoption of
the Fiscal Year 2023 Budget by the City Council, funds will be available in the Fiscal Year
2023 operating budget, as appropriated, in the Crime Control & Prevention District 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
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=30263&councildate=9/13/2022 10/12/2022
M&C Review Page 3 of 3
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Neil Noakes (4212)
Additional Information Contact: Paula Fimbres (4121)
ATTACHMENTS
Form 1295 City of Fort Worth SRO-Lena Pope.pdf (CFW Internal)
FY23 SRO Billing 8.25 KISD 11-1 updated 8.30 Calc.pdf (CFW Internal)
FY23 SRO Billing 8.25 KISD 11-1_updated 8.30 summary. df (CFW Internal)
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=30263&councildate=9/13/2022 10/12/2022