HomeMy WebLinkAboutContract 28153L �
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�TATE �F TEXAS
COUNTIES OF TAR1tANT, DENTON
AND WI�E
In cansideraiion of the rriutual covenants, promises and agreements contain�ed herein, this
Agr�ement is made and enterec� inta between the Ci1y af Fori Worth, a home rule rr�unicipal
cor}�oration of the State of Texas, located within Tarrant and Den#on Couniies, Tex�.s (hereinafter
refez-red to as "City,") acting by and through Libby Watson, its d�.ly auttaorized Assistant City
Manager, and the Northwest Independent School District, a political subdivision of the State
af Texas, located in Denton and Tarrant County and a legally constituted Independent School
District (hereinafter referred to as "District,") acting by and through Lynn Gamron, its duly
authorized Board President.
RECITALS
This Agreemeni is made under the autharity grarited to the City and the District pursuant
to the Texas Go�ernment Code, Chapter 791, knowri as the INTERLOCAL COOPERATION
ACT.
Vi�IEREAS, the citizens of Fort Warth, the Ci�y Council af Fort Worth, and the Districi
have determix�ed that the security of studenis is paramaunt; and
WI�REA�, the City of Fort Warth has received f-�nds thraugh the Fart Wart� Crime
Control and Prevention Dis#rict; and
Wf�REAS, the District proposes to provide a Schoo� �ec�irity Initiative in caz�jwn,ction
with the Fart Worth Police Department;
NOW, TIIEREFORE, in consic�eration ofthe rnutual covenants herein expressed, th�
parties a�•ee as follo�vs:
AGREEMEl�TT
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Distxict covenants and agrees to fuliy cooperate with City in the implementation of t�is
praject and both parties agree fhat during the term of this Agreement there shall b� 1 poliee
officer participating in the School Security Initiative. Distri�t agrees ta share 50% of all personnel
costs incurred by t�e City in ihis project, including Base Pay, Salary Increases, Ovez�time,
Longer�ity Pay, Incentive Pay, Actin.g Officer Pay, Bilingual Pay, FLSA, Court Attendance Costs,
Medicat�e, Workers Compensation �nsurance, Group Health Insurance, Overtime, and Retirement.
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It is under�tood and agreed that District shall remit fixnds ta the City zn a timeIy manner
following receipt af �n official in�oice. Invoices shall be provided on a quarterly basis. For fiscal
year 2002-2003 it is anticipated th�.t reirnbursement under this eontract shall not exceed $37,500,
and slzall be based upon actual e�enditures made far the ofFicer assigned to the School Security
Initiative program.
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The term of tlus Agreement is %r a period beginning on October 1, 200Z and e�ding on
Septembe;r 30, 2003.
4.
It is expressly understood and agreed by and between the �arties hereto that this
Agreement is wholly conditioned upon the actual receipt by City of funds fram the Fort Worth
�rime Control and Preventian District and ttzat if such fi.inds frazn the Fort Worth Crirne Control
and Preveniion Disirict are not timely forthcoming, in whale or in part, Ci�y may, at its sole
discretion, terrni.nate this contract and agreernent. Further, funds are not presently budgeted for
District's �erfn:rmaz�ee under this Agreernent beyond the end of th� 2001-2002 fiscal year. Di�irict
shall have no liability for payrnent of any money for services pexiarmed after the end of any �scal
year unless and until such funds are budgeted and this Agreement is renewed upon ihe terms and
conditians set forth fox renewal iz� Section III, hereof.
Further, funds are not presently budget�d far District's performance under this Agreemeni
beyond the end of the 2002-2003 fiscal year. Dis�rict shaIl have no liability far payment of any
money for services performed after the end of any fiscai year unless and until suck� fu�ds axe
budget�d and this Agr�ement is renewed upon the terms and conditions set farth fQr renewal in
Section III. hereof. �
5.
This Agreement ma.y be ternvnaied by either party hereta, in wh.ole or in part, at any time
and for any reason, by giving 30 days wriiten notiee of ternainatian �o the other party. Suc�
writien notice shall specify ta vcrhat e�cfient the work under the Agreement is being terminated and
the effective date of the ternunati�n, Within thirty (34) days after the effective date of such
texminaiion, City shall forward to District a final invaice for reimbursement to the City for
personnel e�penditures and District shall rer�it payment in fu�l within si�ty (CO) days after the
date of receipt of such invaice.
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Districi and City covenant a.nd agree fihat in the event either party fails to camply with, or
breaches, any of the terms and pra�risions afthis Agreement, each party slzall provide written
natice to the other as soon as reasanably possible after the non-breaching party becames aware of
the failure fo comply or breach of this Agreement. In the event tha� the breaching pariy fails to
cure or correct such breaches with�iz� a reasonable ti�me following the receipt of notice, such
reasonable time not to exceed 45 days, the non-breach�ng party shall have the right ta declare this
Agreement terminated, and neither party shall have furiher responsibility or �iability hereunder.
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District and City covenants and agrees ta ful�y coape�ate with fhe other party in
monitoring the eff'ectiveness af the services and work to be pez�ormed under this Agreement, and
City and District shall have acce�s at all reasonable hours to offices and records of the other pariy,
its offic�rs, tnembers, agents, employees, and subcontractors for the purpose of such monitoririg,
such access bei�ng subject to the limitations and requirements und�r the Texas Publie Information
Act and the Family Educationai Rights and Privacy Act {FERPA).
8.
Cify is and at all tizxies shall alsa be deemed to be an independent cantxactor and sha11 be
wholly responsible for the manner in which it determines which officer is a5signed to the School
Security Tnitiative and the way City performs the services r�quired by the term of this Agreement.
Nathing herein shall be construed as creating th� relationship of employer and �mployee, or
principal and agent, between District and City or any of City's agents or employe�s. City assumes
exclusive responsibility for the ac�s of i�s employees as they relate to the services pravid�d during
the caurse and scope of their employment. Ci#y, its agen#s and employees, shall not be entitled to
any rights or privileges of District empIoyees and shall not be cons�dered in any manner to be
District employees. Neither City nor District shall ba responsible under the Doctrine of
Respondeat Superiar for the acts and omissians of its office:rs, member, agents, servants,
emplayees, or officers of the other.
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City agrees that the police offcer shall be assigned by and responsible to the Fort Worth
Pnlice Department, but shall work directly with the school principal of the District to which they
are assigned. Officers sh.all be assigned to thE school district and assignmenis ta a particulaz'
school shall be made by the eamrnander ofthe School Security Initiative in conjunction with
District personn�l. Such o�cer shall have the School Security Initiative as their primary duty, and
will not reguiarly be assigned additional police duties. The City reserves the right, hawever, to
reassign those officers tempo�arily in the event of arz ezxa�ergency or when otl�er circumstances
require an enhanced police presen.ce elsewhere in the city and District is not in session. City shall
provide all law enforcement training and certification, vehicles and police equipment, benefits,
and insurar�ce (including liability cov�rag�} provicEed to a�l police officers �mplo}rcd by Ciiy.
District shall provide any radio equipment necessary ta a11ow the assigned aff'icer to commut�ic�te
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with school staff. Ciiy shall coordinate assi�nment and duty hours with District, If �ecessary to
handle unplanned absences at schools, officers from �anits other th�an the School Security Initiative
m.ay be temporaxily assigned ta provide coverag�. The City will make every effort to minimize
mandatory absences by the officers frnm the school campuses. However, there may be occasions
due to mandated training requirements, court attendance, or oiher situatians beyond the control of
the officers which require their absence.
T'he Fort Worth Police D�partment shall mair�tain emerger�cy respanse plans for every
school wrthi�n th�ir jurisdiction. These plans shaIl be kept confidential within the Department for
security purpose� but rn�etings shall be held with authorized representatives of the schoo! c�istricts
to prov�de relevax�t ir�farmatznn and excezpts f�om the plan necessary for implemeniation. The
Chief af Polzce sha11 desi�nate a �r,ammander to be responsib�e for lnaintenance and dissemination
ofthese plans.
The City will make every effort to minimize mandatary absences by the officers from the
schoal campuses. However, tbere may b� occasions due to mandated training rec�uirements, court
attendance, or other situations beyond the control of the a#�'icer� vvhich vvill requir� their a�sence.
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City shall in no way nor under any circumstances be respansible for any prope�-ty
belon�ing to Distriet, its officers, membe;rs, agents, employees, subcontractors, progra.rr�
participants, licensees or invitees, which may be lost, stolen, destrayed ar in any way damag�d.
City agrees to waive, release, indemnify, and hold harmless the Dis#rict from any and all claims,
da.ma�es, injuries, causes of action, or lawsuits arising out of the acts or omissions of the assigned
officers.
I1.
City and District covenants that neither it nor any af 'rts officars, members, agents,
employees, program participants, or subcontractors, while engaged in perfarming this Agreement
shall in connection with the err�ployrnent, advancement, or discharge af employees, or in
cannection with the terms, conditions or privileges ofiheir employment, discriminate against
persons because of thei� age, except on the basis afa bana fide occupatipnal qualificatiaz�,
retirement plan, or statutory requirement.
12.
City and Disti•ict, in the execution, performance or attempted performance o�this
Agreement, will not discriminate aga.inst any person or persons because of sex, race, re�igion,
coior ar national origin, nor wiil either party permit its agents, employees, subcontractors or
pragrazn participants to engage in such discrimination.
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13.
The provisions af this Agreement are severable ar�d if for any reason a clause, sentence,
paragraph or oflier part of this Agreement shall be determined to be in�alid by a court or federal
or s#ate agency, board or commission having j�risc3iction over the subject �.tter thereof, sucb
invalidity siiall not a�fect other provisions which can be given effect wi.thout the invalid provisian.
1�.
The failure of City or District to insist upon the performance of any term ar provision of
this Agreement ar to exercise or enfarce any right herein conferred, or the waiver af a breach of
any pravisian of this Agreement by either party, shall not be construed as a�vaiver or
relinquisYiment to a�y extent oi eithez• party's right to assert or rely upon any such term or righf, ar
future breach of such provision, an any fiiture occa�ior�.
15.
A�1 obligations af �ach party ta ihe Agreement sl�all be perforrr�ed in Denton anci/or
Tarrant Counties. The laws of the �tate of Texas sI�all gavern tl�e interpretation, validity,
perfarmance, and enforcement of this Agreement. Should any actiorz, whethex real oar asserted, at
law or in equity, arise out of the ex�cution, performance, attempted performance or r�or�-
perfflrmance of this Agreement, �enue for said action shall lie in Tarrant County, Texas.
16.
The governing bodies of City and District have approved the exec�tion of this Agreement,
and the persans signing the Agreement have been duly authorized by fhe governing badies of the
City and Dis�rict to sign this Agreement an behalf afihe governing bodies.
17.
Notices to District shali be deemed given when delivered in }�erson to the Superin#endent
af School of District or on the next business day af�er the mailin�; of said notiee addressed to said
District by United States mail, certif�ed or re�istered mail, retUrn receipt rec�uested, and postage
paid at 1800 SH 114, Justin, Texas 76247.
Notices to Ciiy shall be c�eemed given when delivered in person to the Assistant City
Manager �or Public Safety of the City or on the next business day after the maiIing of said notice
addressed to said City by United States mail, ceriified ar registered mail, return receipt requested,
and postage paid at 1000 Throcknnarton, Fart Worth, Texas 76102.
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This Agreement shall be buading upan the parties heret�, the�r successors as assigns, and
constitutes th� entire Agreement between the parti�s eoncerning the wark and serviees to be
performed under this Ag�teement. Not other Agreements, aral or written pertaining to the
performance ofthis Agreem�nt exists between the parties. T�aas Agreement can be modified anly
in writing, signed by both parties.
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IN WITNESS WHEREQF, the parties he�eto have executed this Agireement in multiples
ui Fort Waz�th, Tarrant County, Texas, this _;� s day of ,�'�y-t �M� , A.D. 2002.
ATTEST:
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�ity Secret
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C�Y OF FORT WORTH
By: � �� � f' �� ' —
, �Libby Watson
Assist�.nt City Manager
APPROVED AS TO FORM AND LEGALITY:
BY= � �r �
Assis nt City Attarne , or aria.�u�a M. Mc owan
David Yett, Czty Attorney Narthwest �SD Att�rney
Date: � a��� �oa� Date:
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ATTEST:
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NORTH�IEST IND�PENDENT
SCH L DISTRICT
By: �, � CIm�IN� _�
L Gamran
Boar President
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Contrac� Authar�za.gion
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_. . , .._jvs._. ..__
Da�e
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City of �ort Wo�th, �'exas
iVl�y�r ��d ��r��o�i� ������ic��i��
DAT'� REF�RENCE NUMBER LOG NAME PAGE
1 Q/22/02 ��193� 4 35SCHOOLS
� su�.��cT SCHOOL SECURITY INITIATIVE C�NTRACTS FOR FY2002-2003
RECOMMENDATION:
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�t is recommended that the City Council authorize the City Manager to execute contracts with the Fork
Worth, Keller, Crowley, Eagle Mour�tair�ISaginaw, Northwest, and Everman Independent Schoof
Districts, to operate the 5chflol S�curity lnitiative.
DISCUSSION;
The Fort Worth Crime Control and Prevention District budget for �iscal Year 20a2-2aa3 includes funds
for the Scha�[ Security Initiati�e. Under the program, a[I operational and equipment funds and one-half
of all persannel costs are provided by the Fort Worth Crime Controf and Prevention District. The
remaining half of personnel casts wiU be paid by the respective school districis.
❑uring the terms of these contracts {4c#ober 1, 20�2 through September 30, 2003), fhe Keller
Independent School District will have 3 officers; Everman, Eagle Moun#ain/Saginaw, and Northwest
Independent Schoal Districts will each have 1 officer; Crowley Independe�t School District will have 2
officers; and the Fark Worth lndependent S�hool District will have 40 officers, � Corporal, 3 Sergeants,
and � Lieutenant. There is no change in the r�umber of officers for each schaol district. Payments from
the schools for 50°/a af the actual personnel casts shall be rendered on a quarterly basis.
FISCAL INFORMATION/CERTIFICATION:
The Finance Dir�ctar certif�es that the Police Department will 6e responsible for the collection of
revenues due to the City under these agr�ements. �
LW:n
Su6mitted for City Manager's
Oftice by:
I FUND I ACC0�71V� I
� (to)
I GR79 451663
6183 �
48386 (from)
48�86
CENTER I AMOUNT
CTTY SECRETARY
Lsbby Watson
Originating Department Head:
Ralph Mendoza
Addiiional Infarmation Contact:
RaIph Mendoza
035'! OOD
APPROVED 10122J02