HomeMy WebLinkAboutContract 28152�
GIiY S��R�AC�� '
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STATE OF TEXA.S
COUNTIE� OF TARR�NT, DENTON
ANll WTSE
7n c�nsideration of the mutual covenants, promises and agreements cantained h�erein, this
agreement is made and entered into betvveen the Ci�y af Fort Worth, a hame rule municipal
corporation of �ie S�ate of Texas,located within Tarrant and Denton Counties, Texas (hereinafter
referred to as "City,") acting by and ihrough Libby Watson, zts dui�r au�oz7ized Asszstant City
Maz�.ag�r, an.d t.l�e Fart Wortl� Independent School District, a political subdivision of the Stat�
o� Texas located in Tarrant County and a legally constituted Tndependeni School District
(h�re�after ref�rred to as "District,") acting by and through Dr. Thotnas Tocco, its duly
authorized Superintendent.
RECITALS
This Agreement is �nade under the authority granted to the City and the Districi pursuant
to the Texas Government Code, Chapter 791, known as tlie INTERLOCAL COOPERATION
ACT.
WHEREAS, the citizens of Fort Worth and the City Council of Fort Wort� have
determ�in�d �hat the security of students is paramaunt; az�.d
WHEREAS, the City of Fort Worth has received funds through the Fart Worth Crime
Coz�trol and Prevention Disirict; and
W�-�REAS, tta.e Forx Worth Independent School District proposes to pro�ide a School
Security Initiative in eonjunction with the Fort Worth Palice Departmen�;
NOW, THEREFORE, in consideration of the mutual covenants herein �;xpressed, ihe
parties agree as �ollows:
AGREEII�IENT
1.
Disir�ic� covenants and agrees to fiilly cooperate with the City of Fort Worih in the
implementation of this proj ect and both parties agree that during the term oF this contract �.ere
sha11 be 40 police officers, 1 corporal, 3 sergeamts and 1 li�utenant participating zn �e School
Sacurity Initiative that shall be co�manded by the police lieutenant. District agrees to share 50%
af a11 personnel costs incurred by the City azz th�is praject, ix�cluding Base Pay, Salary Increases,
Overti_me, Longevity Pay, Incentive Pay, Acting Officer Pay, Bilingual Pay, FL�A, Court
Atte�dance Casts, M�dicar�, Workers Compensation Insuranc�, Group Healih Insurance, and
Retirement.
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2.
It is understood and agreed that Di.siric� sha11 zemit funds to the City in a timely m.anner
fallowing receipt of an official invoice. Invoices shall be provided on a quarterly basis. Far �iscal
year 20�2-2003 it is anticipated that reimbursernent under this contract sha11 not exceed
$1�500,000, and shall be based upon acfival expenditures made �Eor a�fiicexs assigned to the ,School
Security Initiative p:rogz�am.
3.
The term of this agreement is fo� a periad l�eginning on October 1, 2042, and ending on
�eptember 30, 2003.
4.
Tt is expressly understood and ag�reed by and l�etween the parties hereta that this
agreement is wholly canditioned upon the actual receipt by Ci�y o€ funds from the Fort Worth
Crime Control and Prevention District and tr�.at if such �unds from the Fort Worth Crirne Control
and Prevention District ar� nat timely forthcoming, in whole or in part, City may, at its sole
discretion, ternunafie this contract and agreement.
5.
This agreement may be tezminated by eiiher party hereto, in whole ar in part, at any time
and for any reason, upan written notice to the other party. Such written natice shall speci�y to
what extent the work unc�er f�ae agreement is being termina.ied and the effective daie of tha
tezminataon. W�fihin thiriy (30} days aftar the effective date of such terminafion, City sha11 forward
to District a f nal invoice far reimbursement to the City for personnel expenditures and District
shal.l :remit paytnent in fiill witivn sixty (60) days after the date of such invoice.
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District and City covenant and agree that in the event eithcr party fails to comply with, or
�reach�s, any of the terms and provisions of this agreemen�, each party shall pxovide written
notice to the other as soon as reasonably possible after the non-breaching party becomes aware of
t�e failu�e to camply or breach of contraci. In the event tha� the breaching party fails to cure ar
correct such breaches within a reasonable time following the recei�t of notice, such reasonabie
time noi to exceed 15 days, the non bzeaching �aarty shall hav� ihe right to declare ihis agreement
immediately terminated, and neither party sha11 have furthez� zesponsihility or liability hexeunder.
7.
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Dxsl:rict covenants and agxees to fully cooperate with City in monitaring the effectiveness
of the services az�d work to be performed with fihe Dis�rict under this agireement, and City shall
have access at a11 reasonable hours ta o£fices and xecords of the District, its officers, members,
agents, employees, and subcantractors for the purpose of such mox�i.ioring, such access being
subject to the limitations and requ:i.�remenfs unde:r the Texas Public Information Act and the
Family Ed�tcational Rights and Privacy Aet (FERPA).
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Dlstnct shall opera�e hereunder as an uidepender�t contxactar and not as an officer, agent,
servant or errzployee o� City. District shall be solely responsible for the acts and amissions o� its
officers, mem�ers, agents, se�'v'ants, and emp�oyees. Neitlier City nor Distr�ct shall be responsible
un.der the Dacirine of Respondeat Superior for the acts and omissions of its officers, members,
agents, servants, emplayees, or o£�cers o�the other.
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City ag�ees �at police o�'icErs shall be assigned by and responsible to the Fart Worth
Police Depart,ment, but shall work directiywith the schaol principals afthe District to which they
are assigned. Off'�cers shall be assigned to the schaol district and assignments to a partic�xlar
schaol s1�a11 be made hy the commander o�the School Security Initiative in con1unction with
District personnel. Such o�ficexs shall have the school security initiativ� as their primary duty, and
wi11 not r�gulaxly be assigned additional police duties. The City reserves the right, however, to
reassigi those off cexs temporarily in the eve�t of an ernergency or when other circurnstances
require an enhanced police presence elsewhere in fihe ciiy and school is not in session. City sha11
pro�ide all 1aw enforcement training and certification, vehicles and police equipment, benefits,
a�d ixisurance (inclucling liabilifiy coverage) provided to all palice officers employed by City.
District shall provide any radio equ�pment necessary to allow the assigned officers to
communicate with school sta� City shall coordinaie assignment and duty �ours with District. Tf
necessary ta handle unplanned absences at schools, o�ficers fram units other than the School
Security Iniiiativ� rnay be te�porarily assi�ed to provide caverage.
The Fort Worth Police Department shall maintain emergency response plans for every
schaol within their jurisdzctitan. These plans shall b� kept confid�ntial within the Department far
security purposes but meetings shall be held with authorized representatives of the school distxicts
to pravide relevant %z�formation and exc�rpts frorn the plan necassary for implementation. The
Chief of Police shall designate a commander to be responsible for maintenance and dissemination
of �ese plans.
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10.
City sha11 in no way nor unc€er any circuxnsta.nces be respansible for any property
belonging to Disirict, its officers, rnembers, agents, �rnployees, subcontractors, program
participants,licensees or invitees, which may be Iost, stolen, desbrayed or in any way damaged.
City agrees to waive, release, indemnify, and hold haxmless the District from any and all claims,
damages, injuries, causes of action, or lawsuits arising out af thc acts or omissions of the assigned
officers.
11.
City and District covenants that neither it nar any of its officers, members, agents,
employees, program participauts, or subcontractars, vcFhile engaged in per�arming this coniract
shall in conn�ction with th�; employm�ni, advancement, ar discharge o� employees, or in
connection w:�th the terms, condiiions or privileges of thear employment, discriminate agains#
gersons because of their age, except on the basis of a bana fide occupational qualification,
retiremen� plan, ar statutory requirement.
12.
City and District, in the e�ecui�on, pe�farmance or attempted performance of ihis contract
and agreement, wi11 not discriminate against any person or persons because of sex, race, religion,
color or natianal ong�in, nor will Contractor pernut its agents, employees, subcontractors or
program participants to engage in such discrimination.
13.
The provisions of this agreement are sevez'abl.e and i�f £or any reason a clause, sentence,
pat�ag�aph ox other part of ihis agreement shall be determined to be invalid by a court or federal or
state agency, board or commission having jurisd�iction aver the subject matter thereof, such
invalidity shall not a�fect otlaer pravisions which can be given effect wiihoui ihe invalid �rovisian.
1 �4.
The failure of City ar District to insist upan the perforn�.axxce o� any term or provisi.an af
thi.s agreement or to exercise any right herein conferred sha11 not be construed as a waiwer or
relinquishment ta any extent ai City`s or District's right �o assert or rely upon any such term or
right on any future occasion.
15.
�hould ar�y aci�an, whether real or asserted, at 1aw or in equity, arise aut of fihe execution,
performatice, attempied performance or non-performanc� of this contract and agreement, venue
for said action shall lie in Tarrant County, Texas. ._ _.._
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The gaverning bodies of City and District have appz'oved the execution of this agreement,
and the persans signing the agreement have been duiy authorized by the governing boclies ai the
City and District to sxgn this agreemen� on behalf of the governing bodies,
17.
This written i�stx-urnent consiitutes the entire agreement by the parties her�;to concerning
the work and services to be perfflrmed hereunder, and any prior or contemporaneous, oral or
written agreement which pu:�ports ta vary from the terms hereof shail be void.
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1N '�VI'I`NESS WHEREOF, the part;ies her��o have executed this agreement in rriultiples
in Fart Wort�., Tarrani Caunty, Texas, tlus ��i� day of �; ;„��_, ,� , , A.D. 2402.
ATTEST;
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_ . _ ,� ,, � �/�''.
�ity Secretary � `�
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CY�'Y OF FORT WORTH
B�'' —�' '�
Lzbby �rG atson
Assistant City Manager
APPROVED A� TO FORM AND LEGALITY:
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By: ` �.' , �
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As tant City Attomey, �or �SD Attorney �
David Yett, City Attorney
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Date: '� ���� Date: I' C�q �", �
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FORT WORTH INDEPENDENT
�CHQQL DTSTRICT �
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�?���E,- y' -- �� f---� i /
Dr. Th mas Tocco 1�/ �/ �"
_ Superintendeni
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ATTEST:
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Contra�t P,ut�.o�i�a�ivn
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STATE OF' TEXAS
COUNTIES OF TARRANT
AND DENTON
BEF�RE ME, th� undersigned autharity, a Notary Public in and for the State of Texas, on this day
persanally appeared D�: Thamas Tocco, Superintendent, knov�m to me to be the same person whos�
narne is subscribed t4 tb.e foxegoing instrument, and aclmowledged to me tb.at the same was for the purposes
and consideration therein expressed, as the act and deed of the Fort Worth Independent School
District, and in the capacity therein stated as its duly authorized off'ieer or represe�a.tafive.
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G�ER MY HAND AND SEAL OF OFk'ZCE this �" day of
, 200�.
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, ��PY `' e GAYL� L. WILLIAMS
, � � Natary Public
, N STAiE OF TEXAS
: '�9i� � My Gomm, �xp. o8I0712004
C�SVVWtiiVVVVyVVVVVyVy��+iVVVVVVV�VV \1�V
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, ,�i(,C��r:^„�
otary blic in and for
the Siate of Texas
ST,ATE OF TEXAS §
COUNT]E� OF TARRANT §
ANl� DENTON
BEFORE ME, the undersigned au�liority, a Notary Public in and for the State of Texas, on
this day personally appeared Libby Watsou, known to me to be the same person whose name is
subscribed to the foregoing instru�ment, ar�d acknowledged to me that the saxne was the act of ih�
City of Fort WoXth and tha� she executed ihe same as th�; act oi said CYty of Fort Warth far �e
purposes and consideration therein expressed and in �he capacity therein stated.
GNEN UNDER MY HAND AND SE�,AL OF OFFICE this
/1%r)'vt�im.ii�-+�� , Za02.
�P�".p� ROSELLA BARfVES
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z� ��t NOTARY PU6LIC
�� � y � State nf Texas
�'�''�„o�'�,�Comm. Exp. 03-37-2005
_ ..: -,-. �� -:. ,.. . �. � r4
I��� day af
11...[(/�Jw'°r-+�4 ���
Notary Public in and for
the State af Texas
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CONSENT AGENDA ITEM
BOARD MEETING
October S, 2002
TOPIC: INTERLOCAL CONTR.ACT BETWEEN THE CITY
OF FORT WORTH AND 'THE F4RT WORTH
INDEPENDENT SCHOOL DISTRICT --
School Security
:� '� ��1�.
Fnrt Warth Ind�p�ndent School District aud the City of Fort V�lorth entered iu�ato an
interlocal cazrtract iin 1994 for �e services of police officers in -kk�e Schoal Security
Initiative. The contract for 2002-2003 includes the services af 40 afficers, 1 corporal, 3
sergeants an�. 1 lieutenant. The initiative is a multi-faceted cooperative S�year program
between FWI�D and the Fart Worth �'olice Department to provid� a sa�e and secure
en�ironment for education. Personnel casts will be funded on a 50/50 basis including
Base Pay, Salary Incxeases, Longeviiy Pay, Incentive Pay, Acting Off:icer Pay, Bilingual
Pay, FLSA, Cawrt Attendance Cos�s, Medicare, Work�rs Compensatian Insurance, Group
Health Insurance and Ret�rement.
ALTERNATNES:
1) Approve the 2002-2003 �terlocal agreement �eYween the District and the City
a�Fort Warth.
2) Remand to stafffo:r fiufinex study.
SUPERINTENDENT' S F.EC�MNIENDATION:
App�rove the 20f}2-2043 contract between the District and th� City of For�t Worth for th�
services of police off�icers in the Schoal Security Initiative.
COST:
The cost of the contracted services is anticipated not ta exceed $1,800,Qp0.
R.AT`I�NALE:
FWISD has partnered with the City of Fort Worth to provide schoal security for many
years. The benefits of this collaborative agreemeni provides police services to each
schoal and together with district sta.ff assists in creating a sa�e and secure environment
where teachers can fieach and stu�ents can l�arn.
mTFORMATIO� SOURCES :.
Waltex Dansby
C�c�lia Speer
�'ity of �ort� Wortl�, T'exas
a��� ��d �����i� ��r��r���c�ti��
DAT� REFERENCE IVUMBER LOG NAME PAGE
10/22/02 �n� g�� f� 35SCHOOLS ` 1 af 1
sus.��cT SCHOOL SECURITY iN1TIATIVE CONTRACTS FOR FY2002-2003
RECOMMENDATION:
It is recommended that the City Council authorize tf�e City Manager to execute contracts with the Fort
Worth, Keller, Crawley, Eagle MountainlSaginaw, Northw�st, and Everman Inde�endent School
Districts, to operate the 5chool Security lni#iati�e.
D[SCUSSION:
The Fort Warth Crime Cantrol and Prevention District budget for Fiscal Year 2002-2a03 Encludes funds
far the Schaol Security Initiati�e. Under #he program, all operatiana[ and equipment funds and ane-half
af all persannef cosfis are �rovided �y the Fort Warth Crim� Cantrol and Preventian District. The
remaining half of. personnel casts will be paid by the respective schaol districts.
During the terms af these contracts (4ctaber 1, 2Q02 through SeptEmber 3D, 2003�, the Keller
lnde�endent School District will have 3 officers; Everman, Eagle Mountain/Sag�naw, and Northwest
lndependent School Districts will �ach hav� �-afficer; Crowley Independent School Distric� will ha�e 2
of#icers; and the Fart Worth Independe�t School District will ha�e 40 officers, � Corporal, 3 S�rgeants,
and 1 Lieutenant. There �s na change in the numb�r of offic�rs for each school distric#. Payments from
the schools for 50% of the actual personnel costs shall be rendered on a quarterly basis.
FISCAL INFORMATI�NICERTIFICATI�N:
The Finance D�rector certifies thai the P�lice Department will be responsible for the collection of
re�enues due to the City under these agreements.
LW:n
$nbmitted far City Manager's
Office 6y:
FiTND � ACCOiJI�T I CENTER
AMOUNT
CTTY SECRETARY
L,ibby Watson
Originating Department Head:
Ralph Mendoza
Additianal Informai€on Contact:
(to)
GR79 �51663 �35�000
6183
48386 (from)
Ralph Mendaza 48386
I APPROVEI� 10/22/02
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