HomeMy WebLinkAboutContract 59017CSC No. 59017
INTERLOCAL AGREEMENT BETWEEN
THE FORT WORTH INDEPENDENT SCHOOL DISTRICT AND
THE CITY OF FORT WORTH
This lnterlocal Agreement ("Agreement") is made and entered into by and between the City of
Fort Worth, a home -rule municipal corporation of the State of Texas ("City"), and the Fort Worth
Independent School District, a political subdivision of the State of Texas and a legally constituted
Independent School District located within Tarrant County, Texas ("FWISD"). City and FWISD may be
collectively referred to as the "Parties" or individually as a "Party".
WHEREAS, this Agreement is made under the authority granted to the City and the FWISD by
and pursuant to the Texas Government Code, Chapter 791, known as the Interlocal Cooperation Act.
WHEREAS, the FWISD and the City wish to enter into an agreement so that the City, through
its Police Department, may provide instructional class lessons to FWISD high school students.
NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the City, acting
by and through its duly authorized Assistant City Manager, and FWISD, acting by and through its duly
authorized superintendent, do hereby covenant and agree as follows:
1. SCOPE OF SERVICES. The City will implement and operate the Police Citizen
Interaction ("PCI") training program to educate, enhance communication with students, and improve
relations with Fort Worth Community members, which includes FWISD students. The lesson plans will
include discussions surrounding police and citizen engagement, responsibilities, expectations,
procedures, and resolutions. Plans include worksheets that allow citizens and law enforcement to interact
with one another during sessions. Lesson plans will also include objectives and goals for each class.
2. GOALS AND MISSION STATEMENT.
PCI's mission is to inform and educate the citizens of the community on how to interact
with law enforcement. The goal is to teach students about citizens' rights, responsibilities, and resolutions
to minimize negative encounters with law enforcement during traffic stops and detainments.
3. FUNDING.
(a) FWISD agrees to pay the City an amount Not to Exceed forty-eight thousand dollars
($48,000) to fund the PCI training. FWISD covenants and agrees that the funding for this Agreement
shall not include any funds that FWISD has received from the City, including, but not limited to,
funds from the City's Crime Control and Prevention District.
(b) Within thirty (30) days from the receipt of a valid invoice from City, FWISD shall make
a payment for the $48,000 to the City for the PCI program.
(c) If the Parties mutually agree to renew the term for a second year of the program, FWISD
shall make a second payment for the second year of the program for an additional $48,000.
(d) Pursuant to Section 791.011 of the Interlocal Cooperation Act, each Party paying for
the performance of governmental functions or services must make those payments from current
revenues available to the paying party,
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4. TERM. The term of this Agreement is for one-year, effective beginning on the last
date of execution below, and ending on November 30, 2023. This Agreement may be renewed for
an additional one-year term upon mutual written agreement of the Parties.
5. NON -APPROPRIATION OF FUNDS. If for any reason, at any time during any term
of this Agreement, FWISD fails to appropriate funds sufficient for FWISD to fulfill its obligations
under this Agreement, FWISD may terminate this Agreement to be effective on the later of: (i) thirty
(30) days following delivery by FWISD to the City of written notice of FWISD's intention to
terminate; or (ii) the last date for which funding has been appropriated by FWISD Board for the
purposes set forth in this Agreement.
6. TERMINATION OF AGREEMENT.
(a) If the City or the FWISD fails, for any reason, to perform any provision of this
Agreement, this Agreement may be terminated if the default continues for a period of thirty (30) days
after the notifying party notifies the defaulting party in writing of the default and its intention to
declare this Agreement terminated. If the defaulting party does not cure or correct such breach within
the thirty (30) day period, the notifying party shall have the right to declare this Agreement
immediately terminated and neither party shall have further responsibility or liability hereunder.
(b) This Agreement may be terminated by either Party, in whole or in part, at any time
with or without a reason, upon written notice to the other party. Such written notice shall specify to
what extent the work under the Agreement is being terminated and the effective date of termination.
(c) If the Agreement is terminated for any reason, City will return to FWISD a prorated
amount of all funds paid by FWISD to City for services not yet performed.
7. NOTICE. Notices required pursuant to the provisions of this Agreement will be
conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents,
employees, servants, or representatives, (2) delivered by facsimile with electronic confirmation of the
transmission, or (3) received by the other party by United States Mail, registered, return receipt requested,
addressed as follows:
To CITY:
City of Fort Worth
Attn: Assistant City Manager
200 Texas Street
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
With a copy to Fort Worth City Attorney's Office
at the same address
To FWISD:
Fort Worth Independent School District
Attn: Jerry Moore — Chief of Schools
100 N. University Dr.
Fort Worth, TX 76107
With a copy to the Office of Legal Services at the
same address
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8. INDEPENDENT CONTRACTOR. City shall operate hereunder as an independent
contractor and not as an officer, agent, servant, or employee of the FWISD. City shall have exclusive
control of and the exclusive right to control the work designated to the City to be performed
hereunder, and all persons performing the same, and shall be solely responsible for the acts and
omissions of its officers, members, agents, servants, and employees. Neither City nor FWISD shall
be responsible under the doctrine of respondent superior for the acts or omissions of officers,
members, agents, servants, or employees of the other. Nothing herein shall be construed as creating a
partnership or joint enterprise between City and FWISD.
9. _ NONDISCRIMINATION.
(a) Neither the City nor FWISD nor any of their respective officers, members, agents,
servants, employees, program participants, or subcontractors, while engaged in performing 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.
(b) The City and FWISD agree that, in the execution, performance, or attempted
performance of this Agreement, they will not discriminate against any person or persons because of
gender, race, religion, color, sexual orientation or national origin, nor will FWISD or the City permit
its officers, agents, servants, employees, subcontractors, or program participants to engage in such
discrimination.
10. 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, a federal or state agency, or a board or a commission having jurisdiction over the subject
matter thereof, such invalidity shall not affect other provisions which can be given effect without the
invalid provision.
11. WAIVER OF DEFAULT. No waiver by the Parties hereto of any default or breach
or the failure to insist upon the performance of any term, condition, provision, or covenant of this
Agreement shall be deemed to be a waiver or relinquishment to any extent of any other breach of the
same or any other term, condition, provision, or covenant contained herein or the right of the Parties
to assert or rely upon any such term.
12. NOTICE OF CLAIMS. FWISD and City agree to notify each other promptly upon the
receipt of any claim or lawsuit brought in connection with any injury, death, or damages related to this
Agreement. FWISD and City agree to make their respective officers, agents, servants, and employees
available at all reasonable times or any statements and case preparation necessary for the defense of any
claims or litigation for which the other party may be responsible hereunder.
13. IMMUNITY.
(a) It is expressly understood and agreed that in the execution of this Agreement, neither
Party waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be
available to it against claims arising in the exercise of governmental powers and functions.
(b) Nothing herein shall be construed in any manner, to create a cause of action for the
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benefit of any person not a party to this Agreement, or to create any rights for the benefit of any
person, not a party to this Agreement not otherwise existing at law.
14. INSURANCE. The City is a governmental entity under the laws of the state of Texas
and pursuant to Chapter 2259 of the Texas Government Code, entitled "Self -Insurance by
Governmental Units," is self -insured and therefore is not required to purchase insurance. Since the
City is self -insured they agree to provide coverage limits that are equal to or better than the below
listed requirements:
a. Commercial General Liability Insurance: The City must maintain throughout the term of
this Contract Commercial General Liability Insurance for bodily injury and property damage arising from
the City's services to be performed pursuant to this Contract on an occurrence basis with coverage based
on the classes of risk as outlined below. The insurance policy must name the District as an additional
insured. The policy must also be written as a primary policy which does not contribute to any policies
which may be carried by the District, and must contain a provision that the District, although named as an
insured, will nevertheless be entitled to recover under said policy for any loss occasioned to it, its trustees,
employees, agents, and representatives, by reason of the negligence of the City, its employees, agents,
representatives or contractors. Coverage must include Sexual Abuse and Molestation Coverage with limits
NOT LESS THAN $1,000,000.00 per occurrence and $1,000,000.00 in the aggregate.
Class C Risk jobs with moderate hazards and moderate size from $25,000.00 to $3,000,000.00.
Bodily Injury $500,000.00 combined single limits
Property Damage $1,000,000.00 aggregate
Class D Risk —large construction or service contracts above $3,000,000.00,
Bodily Injury $1,000,000.00 combined single limits
Property Damage $2,000,000.00 aggregate
b. Automobile Liability Insurance: The City must maintain in force throughout the term of
this Contract, comprehensive Automobile Liability Insurance covering the City and the District against
all claims for injuries to members of the public and damage to the property of others arising from the use
of motor vehicles, and must cover the operation of all motor vehicles, whether they are owned, non -owned,
or hired. The liability coverage must not be less than $1,000,000.00 combined single limit.
c. Workers' Compensation/Employers' Liability: City shall carry Workers'
Compensation/Employers' Liability Insurance in amounts sufficient to meet the requirements of the State
of Texas, without restrictive endorsements. In addition to coverage for the Texas Workers' Compensation
Act, where appropriate, coverage is to be included for the Federal Employer's Liability Act and any other
applicable federal or state law. Self-insurance is not acceptable.
d. Professional Liability Insurance: The Professional Liability Insurance provided by the
City must conform to the following requirements:
• The City's Professional Liability Insurance must be in a form acceptable to the District
and must cover those sources of liability typically insured by a Professional Liability
Insurance, arising out of the rendering or failure to render professional services in the
performance of this Agreement, including all provisions of indemnification which are part
of this Agreement.
• If on a claims -made basis, the City must maintain without interruption, the Professional
Liability Insurance until three (3) years after the termination of this Agreement.
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• The minimum limits to be maintained by the City are, as follows:
Class C Risk —for jobs with moderate hazards and moderate size from $25,000.00 to
$3,000,000.00 the minimum limits must be $1,000,000.00 per claim/annual aggregate.
Class D Risk —for large construction or service contracts above $3,000,000.00, the
minimum limits must be $2,000,000.00 per claim/annual aggregate.
e. Umbrella Insurance Policy: The City must maintain throughout the term of this Contract
an Umbrella Liability Policy to provide additional commercial general liability, automobile liability, and
professional liability limits for services to be performed pursuant to this Contract on an occurrence basis
with coverage based on the classes of risk as outlined below. The insurance policy must name the District
as an additional insured.
Class C Risk —for jobs with moderate hazards and moderate size from $25,000.00 to
$3,000,000.00, the minimum limits must be $1,000,000.00 per claim/annual aggregate.
Class D Risk —for large construction or service contracts above $3,000,001.00, the
minimum limits must be $2,000,000.00 per claim/annual aggregate.
15. FORCE MAJEURE. If either Party is unable, either in whole or part, to fulfill its
obligations under this Agreement due to acts of God; strikes, Lockouts, or other industrial disturbances;
acts of public enemies; wars; blockades; insurrections; riots; epidemics; public health crises;
earthquakes; fires; floods; restraints or prohibitions by any court, board, department, commission, or
agency of the United States or of any state; declaration of a state of disaster or of emergency by the
federal, state, county, or City government in accordance with applicable law; issuance of an Imminent
Threat Alert or Elevated Threat Alert by the United States Department of Homeland Security or any
equivalent alert system that may be instituted by any agency United States; any arrests and restraints;
civil disturbances; or explosions; or some other reason beyond the Party's reasonable control
(collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will
be suspended only during the continuance of such event. If a Force Majeure Event occurs, the City
may, in its sole discretion, close or postpone the opening of its community centers, parks, or other
City -owned and operated properties and facilities in the interest of public safety and operate them as
the City sees fit.
16. APPLICABLE LAW AND VENUE.
(a) This contract shall be construed in accordance with the laws of the State of Texas.
(b) Should any action, whether real or asserted, at law or in equity, arise out of the execution,
performance, attempted performance, or non-performance of this Agreement, venue for said action shall
lie in Tarrant County, Texas, or the Federal Court of the Northern District of Texas - Fort Worth Division.
17. HEADINGS. Headings and titles used in this Agreement are for reference purposes
only and shall not be deemed a part of this Agreement.
18. ENTIRE AGREEMENT. This written instrument constitutes the entire understanding of
the Parties hereto concerning the work and services to be performed. Any prior or contemporaneous oral
or written agreement that purports to vary from the terms hereof shall be void.
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19. AMENDMENT. No amendment, modification, or alteration of the terms of this
Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly
executed by the parties hereto.
20. ELECTRONIC SIGNATURES. This Agreement may be executed by electronic
signature, which will be considered as an original signature for all purposes and have the same force and
effect as an original signature. For these purposes, "electronic signature" means electronically scanned
and transmitted versions (e.g. via pdf file or facsimile transmission) of an original signature, or signatures
electronically inserted via software such as Adobe Sign.
21. RIGHT TO AUDIT. City agrees that FWISD will, until the expiration of three (3) 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, including, but not limited to, all electronic records, of City involving
transactions relating to this Agreement at no additional cost to FWISD, City agrees that FWISD will have
access during normal working hours to all necessary City facilities and will be provided adequate and
appropriate workspace in order to conduct audits in compliance with the provisions of this section. FWISD
will give City reasonable advance notice of intended audits.
22. OWNERSHIP OF WORK PRODUCT. City is a licensee of the training program being
provided to FWISD under this contract and all services are being provided pursuant to the authority granted
the City under the terms of that license agreement. Therefore, the licensor, as described in the licensing
agreement between the City and the licensor, will be the sole and exclusive owner of all reports, work papers,
procedures, guides, and documentation that are created, published, displayed, or produced in conjunction
with the services provided under this agreement (collectively, "work product"). Further, the licensor will be
the sole and exclusive owner of all copyright, patent, trademark, trade secret, and other proprietary rights in
and to the work product. CITY, TO THE EXTENT ALLOWED BY LAW, MUST PROTECT AND
INDEMNIFY FWISD FROM AND AGAINST ALL CLAIMS, DAMAGES, JUDGMENTS, AND
LOSSES, ARISING FROM INFRINGEMENT OR ALLEGED INFRINGEMENT OF ANY UNITED
STATES PATENT OR COPYRIGHT, ARISING BY OR OUT OF ANY OF THE WORK PERFORMED
HEREUNDER OR THE USE BY CITY, OR BY FWISD AT THE DIRECTION OF CITY, OF ANY
ARTICLE OR MATERIAL, PROVIDED THAT UPON BECOMING AWARE OF A SUIT OR THREAT
OF SUIT FOR PATENT OR COPYRIGHT INFRINGEMENT, DISTRICT MUST PROMPTLY NOTIFY
CITY AND CITY MUST BE GIVEN FULL OPPORTUNITY TO NEGOTIATE A SE I t LEMENT. CITY
DOES NOT WARRANT AGAINST INFRINGEMENT BY REASON OF FWISD'S DESIGN OF
ARTICLES OR THE USE THEREOF IN COMBINATION WITH OTHER MATERIALS OR IN THE
OPERATION OF ANY PROCESS. IN THE EVENT OF LITIGATION, FWISD AGREES TO
COOPERATE REASONABLY WITH CITY AND PARTIES MUST BE ENTITLED, IN CONNECTION
WITH ANY SUCH LITIGATION, TO BE REPRESENTED BY COUNSEL AT THEIR OWN EXPENSE.
23. LIABILITY. Each Party shall be solely responsible for its own actions or inaction and the
actions or failure to act of its respective employees, agents, officers, officials, and contractors. Neither Party
shall be responsible for the actions, errors, omissions, negligence, misfeasance, or malfeasance of the
other Party or any employee, agent, officer, official, or contractor of the other Party.
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iN WITNESS WHEREOF, the parties here have executed this Agreement in multiples in Fort Worth,
Tarrant County, Texas this 13th day of March, 2023.
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
By:
Date:
Name:Fernando Costa
Title: Assistant City Manager
Nov 10, 2022
APPROVAL RECOMMENDED:
By:
r�:„s •i' ' T �,, ,.c;' n{'y 10 ;V:1 It 1 C,i;
CONTRACT COMPLIANCE
t& AGER:
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.
By: ,31.11'an. I`. ..3. 20; 11+V CPT
Name: Sasha Kane
Title:Sr. Contract Compliance Specialist
Name: Robert A. Alldredge, Ir.
Title: Executive Assistant Chief APPROVED AS TO FORM AND
ATTEST:
By:
T�2 .noti
��pf �OgTts
dtat.'
Name: Jannette S. Goodall
Title: City Secretary
Fort Worth Independent School District
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,
11-10-22
Date:
By:
Name: Dr. Angelica Ramsey
Title: Superintendent of Schools
Jan 25, 202
Nam.. Tnbi Jackson
Title: FWISD Bo
it
Date: 7.6 ��
d President
LEGALITY:
By:
Name: Taylor Paris
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C:
1295:
APPROVED AS TO FORM AND LEGALITY
By:
Nafne: Lynda Jackson .
Title: • Senior Attorney
Date: al .12 .2023
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