HomeMy WebLinkAboutContract 44662 CffYSECRETAkYL/q(tu,U
CONMCT NOS Muft
INT RLOCAL AGREEMENT BETWEEN THE CITY of FORT WORTH
AND FORT WORTH INDEPENDENT S'C OOL DISTRICT
FOR "" TICIPATION IN THE CODE BLUE AT THE SCHOOL, PROGRAM
This agreement ("Agreement")" is made and entered into between the City of Fort
Worth, a hone 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 Werth
Independent School District, a political subdivision of the State of Teas located in Tarrant
County and a legally constituted Independent School District ":District"), acting by and through
Walter I ansby, 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.TION ACT,
WHEREAS, both City and District have the ability to create programs to enhance the
security of the residents of the coi-ninunIty and have determined that the security of students is
paramount,
WHERE.A.S, District wishes to participate in City's Code ;flue 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:
ASSIGNMENT of MEMBERS
City, through the commander of Code Blue at the School Program and in conjunction
ction
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 (1 8) years
old volunteering through the Port Worth Police Department is of good moral character, is free of
felony convictions; meets or subscribes to the Code Bl ue 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 e acting in the specific
capacity of serving in the Code Blue: at the School Pro rare; is volunteering with no ,salary,
benefits, or labor relations rights; and serves at the will of the Chief o Police of the Port Worth
Police Department. Assigned members shall patrol the campus and surrounding streets. The
member shall not patrol the interior of the school.1. "lie assigned member shall not enforce
� � �� City �"�" r-t Worth and Fort Worth Independent S�:.�uoQl District��at �� e�u�Agreement Between
for Participation in the Code Blue t the School Program �
dITY 3ECRETARY
0 2013 FT MORTNI
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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 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 g,ned 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 terra 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,b�y City.
Interlocal Agreement Between the City of Fort Worth and Fort Forth Independent schoo l District
for Participation in the Code Blue at the School ProgTarn -2-
■ 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 Erom the Fort Worth
Crime Control and Prevention District and that if such funds frorn-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. TER NUNAT
ION
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.
8. CURE OF BREACH
District and City covenant, and agree that in the event either party falls 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 'ji-nmediately 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 I"or 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(FE,RPA).
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.
Inte,rlocal Agreement Between the it ofFort Worth and Fort Worth Independent School District
for Participation in the Code Bfue at the Scbool Program
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 i,nvi*tees, 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,
v
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, discrirninate
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 (1,8) 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, perfon-nance 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 per nit its agents,
employees,I subcontractors or program participants to engage in such discrimination.
SEVERABILITI/
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 Junsdicti,on 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.
Interliocal Agreement Between the City off" ort Worth and Fort Worth Independent School District
for Participation i 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-perfon-nance of this Agreement, venue
for said action shall lie in Tarrant County, Texas.
17. APPROVAL OF AGREEMENT
000MONOM
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 to .s 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
laid at 100' orth'University Drive, Fort Worth, Texas,76107.
al N I I
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 10100 Throckmorton, Fort Worth, Texas 76102.
APPROVED FOR APPROVED FOR, FORT WORTH
CITY OF FORT WORTH: INDE NDENT OOL DISTRICT:
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00MM Acrooffio"—d AE,Opp
Ch les W. Daniels Walter Dansby
Assistant City Manager Superintendent AL PV-1 D vL
Date.- 07-21_44 Date.-,", 17 L41 .-13
APPROVAL, RECOMMENDED.
e*
i Afi'y Ha1stead
Chief of Police
Interlocal Agreement Between the C".'ity of Fort Worth and Fort W rth Independent School District
for Participation in the Code Blue at the School Program -5-
APPROVED AS TO FORM A,ND
LEGALITY.-
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Jes,sica ngsvang FWISD Attorney
Assist nt'City,Attorney
Date-
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'rity Secretary
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Contract No�.,*
Interlocal Agreement Between the City of Fort Wotlh and F(,,)t-t Worth Independent School,Distlict OFFICIAL RECORD
FICIAL RECORI
CITY SECRq
for Participation in the Code Blue at the School Program _TARY
tFT,WORTH,TX
M&C Review Page I of 2
Official sM,,�ofI in C"itly of Fort Worth,'Texas
AW FORTWOR71i
CITY COUNCIL AGENDA
Jn
COUNCIL ACTION: Approved on 6/4/2013
VMS I
DATE. 6/4/2013 REFERENCE NO.: G-17917 LOG NAME: 35CCPD CODE BLUE
AT THE SCHOOLS
CODE: G TYP E. NON- PUBLIC NO
CONSENT HEARING:
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 Interliocal, 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. Authorizes a change in scope in the Fiscal Year 2,01,3 Crime Control and Prevention District Fund,
to revise the Code Blue Program to include the Code Blue at, the Schools Enhan�cement; and
2. Authorize the execution of an Interlocal Agreement with the Fort Worth Independent School
District to operate Code Blue at the Schools.
o
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 e�stablisihing
spending limits,fore 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 I in conjunction with the Fort Worth Independent School, District (FWI,SD), is
developing a program called Code Blue at the Schools, which will, focus on increased awareness of
potential violence at FWlSD 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 p�rolactive in hopes of preventing i tragedy in our community. The COP
voluinteers will serve on behalf of the Police Department as additional eyes and ears on the
ele�menta,ry 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. Thee Poillice 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 b,eg:in a pilot program at five schools,during summer s,chololl in preparation to
have the program fully implemented,for the Fall 20113 semester.
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1 _,packet/mc_review.asp?1D—I 8474&counc'1date=6/4/2013 7/16/20
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The Interlocal Agreement outlines the roles of'the FWI,SD and the City. Chapter, 791 of'the Texas
Government Code provi s, a,uthoirit,y for local governments to enter int'o Interlocal
Agreements. Please f"Ind below a summary of the Inn erloval Agreement highlights:
City will, pirovi,de Code Blue Program volunteers, to patrol elementary schools, Also,, t,he City will
provide uniforms and associated training;
City shalll complete a background check including fingerprints on all volunteers,,
FWISD shall provide any radio equipment necessary to allow the assigned volunteers tio
communicate with district staff;
During the term of thins Agreement and balseld on availability, the City will determine the number of
voluniteers, and patrol timesI-1 and
The term, olf this Agreement is for a period beginning on June 10, 2013, and ending on September
1
30, 2013 and includes a renewal provision, f'olr Fis,cla ea
il Yr 2014, subject to budget approval.
FISCAL INFORM ATE ONXERTIFICATION:
The Financial Managernenit Services Director certifies that this action will have no material effect on
City funds.
TO fund' cc y nt1C enters FROM Fiind/Account/Centers
.................
Submiftited for City Manaaier's Office b)L. Char'les Daniels, (61991)
Or' inaltinq ent Head-.
I_q -, Dlqpartm Jeffrey W., Halstead (4231)
Addiftional Informabon Contact: Shiallah, L. Graham (42,29)
Christy Rodriguez (4244)
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ATTACHMENTS
http:Happ s.cfwnet.org/cou n,ci 1_1-)a cket/nic—rev i ew.asp?I D=18 co wicil d ate=6/4/2 013 7/16/2013