HomeMy WebLinkAboutContract 28154i t , � ,, , � �� �li'Y ���{��A�P� -` �� .
CONTRA�'T � � �
STATE OF TEXAS §
COUNTIES OF TARR�NT, DENTON §
�ND WISE
Tn consideration of the muiva� covenants, promises and agreemenl;s contain�d herein, th�s
a.gre�mer�t is made and entered inio between the City of Fort Worth, a home rule rrzunicipal
carporanon o� the State of Texas, loca�ed within Tarrant and Denton Counties, Texas (hereinafter
zeferred to as "City,"} acting by and through Libby Watsou, iis duiy authorized A.ssistant City
Manager, and f�ie Crowley Independent Sclzool District, a political subdivision of the State o�
Texas and a legally const�tuted �i�.dependent School District (her�inafter referred to as "District,")
acting by and through Dr. Sidney Poynter, its duly autharized SUperint�ndent.
REC�TALS
This Agre�ment is made unc�er tk�e authority granted to the City and th� District pursuant
ta the Texas Government Code, Chapter 79I,1cnown as the TNTERLOCAL COOPERATION
ACT,
WHEREAS, the citizens a�Fart Worth and the Cify Council of Fort Worth have
determined that the secuxity af students is paramount; and
WHEREAS, the Cxty of Fort Worth has received funds through the Fort Worth Criffie
�Contrpl aud Prevention District; and
WHEREAS, the Crowley Independent Schaol District propase� to provide a School
Security Irutiative in conjunction with the Fort Warth Police Department;
NOW, THEREFORE, in consideration of the mutual covenants herein e�pressed, the
parties agree as follows:
AGREEMENT
1.
District cavenants and agrees to fully cooperate with the Crty of Fari Worth in the
implementation of this project and both parties agree that at Ieast two police officers shall be in
the School Security 7nitiative. District agrees to share 50% of all personnel costs incurred by the
City in this project, including Base Pay, Salary Increases, Overtima, Longevity Pay, Incentive
Pay, Acting O�ficer Pay, Bilingual Pay, FLSA, Court Att�ndance Costs, Medicare, Workers
Carnpensation Insurance, Group Health Insurance, and Retirement.
2.
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�t is undersl:ooc� and agreed that District shall ramit funds to the City in a timely manner
followzng receipt of an o�ficial invoice. Invoices shaI1 be pro�ided on a quarterly basis. For fiscal
year 2002-2003 z� is aniiczpated that reimbursement under tl�is contract shall not exceed $'��,000,
and shall be based upon actual expenditures made for officers assigned to the Schoal Security
Initiative program.
3.
The term of this agreement is for �. pez�od beginning on Octobez l., 2002, and ending oz�
September 30, 2003.
4.
Tt is axpressly understood and agreed by and beiween the parties hereto that this
agx'eement is wholly condi�ioned upan the actual receipt by City af funds from tlie Fort Warth
Crime Control and Preuention District and that if such func�s from the Fort Worth Crime Control
a1�d Prevention District are not timely forthcoming, in whole or in part, City may, at its sole
d�scretzon, terminate this cantract and agreement.
5.
This agrEemeni may be t�rminated by either party hereto, in whole or in part, at any trme
and far aaly reasan, upon written notice fio the oiher party. Such written notice sha11 specify to
what extent the vwork under the agreement is being terminated and the effective date of the
termination. Within thirty (3Q) days after the eifective date of such ternunatian, City shall fazwa�d
to Districi a final in�oice for reimbursement io the City for personnel expenditures and District
sha11 remit payment in full within sixty (60} days after �he date of such invoice.
C�
District and City covenant and agree that in the event either party fails to comply with, or
i�reaches, any of the tenns and provisions of this agreen:�ent, each party shall provide written
notice to the other as soon as reasonably possible after the non-breaching pat� becomes aware of
the �ailure to comply or breach of contract. In the event that the breaching parky fails to cure or
carrect such breaches within a reasanable time following the receipt of notice, such reasonable
time not to exceed 15 days, the non-breaching party shall have the right to declare this agreement:
ix�ediately teraninated, and neither party shall have further responsibility or Iiabilxty hereunder.
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Disnict cavenants and agrees to fully cooperate with City in monitoring the effectiveness
of tha services and work to be performed with the District under this agxeement, and City shall
have access at all rEasonable hours to offices and recards of the Distric�, its officers, members,
agents, employees, and subcontractors for the purpose of such monitorir�g, such access being
subject to the limitations and requiremez�ts under the Te�as Public Information Act and the
Family Educational Rights and Privacy Act (FERPA).
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District shall operate hereunder as an independent cantrac�ar and not as an officer, agent,
servant or employee of City. Distriet sha11 be solely responsil�le �or the acts and omisszons of its
officers, rnernbers, agents, servants, and employees. Neither City nor District shall be responsible
under the Dactrine aiRespandeat Sup�rior for �he acts and omissions vf its officers, members,
agents, servants, employe�s, or officers ofthe other.
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City agrees that police officers shall be assigraed by and responsible to the Fart Worth
�olice Department, but shall war� directly wiih the school principals of the District to which they
are assigned. Officers sha11 be assigned ta the sebool district and assignments to a particular
school shall be made by the commander of ihe School Security Initia�ive in conjunetion with
District personnel, Such offic�rs sha11 have the school security iniiiative as their primary duty, and
will n�t regularly be assigned additianal police duties. The City reserves the right, however, to
reassign those officers temporarily in the event of a�a emergency or when other circumstances
require and enhanced presence elsewhere in the city and school is not in session, City sha11
provi.de all law enforcement iraining and certification, vehicles and police equipm.en.t, benefits,
and insurance (including liability coverage) provided to all police officers employed by City.
District shall provide any radio equipment necessary ta allaw the assigned officers to
communicate with school staff. City shall coordinate assignment and du�y hours with District. If
necessary to handle unplanned absences at schoa�s, ofFicers from units other than the School
Security Initiative may be t�mporarily assigned to provide coverage.
Th� Fart Worth Police Department sha11 rr�aintain ezn�exgeney response plans fbr �very
school within their jut'iscliction. These plans sha11 be kept confidential withzn the Deparhnent for
security purposes but meetings shall be held with authorized representatives of the schaol districts
io provide relevant infornn.ation and e�cerpts from the pla.n necessary for implementation. The
Chief of Police sha11 designate a commander to be respon.sible for rnain�enance and dissemination
of ihese plans.
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10.
City shall in no way nor under any circumstances be respon sible for any property
belonging to District, its officers, members, agents, employees, subconiractors, program
participants, licensees or invitees, w�ich may be lost, stolen, destroyed or in any way damaged.
City agrees to waive, release, indernnify, and hold harmless the District from any and all claims,
damages, injuries, causes of action, or lawsuits arising out of the acts ar omissions of the assigned
officers.
11.
Gity aa�c� District each covenant to the other that neither such party nor any of its officers,
�nembers, agenis, employee,s, progx'atn par�icipants, or subcontractors, while engaged in
perlforn�ing t�iis contract sha11 in connection with the employment, advancement, or discharge of
employees, or in caninection with tha tarms, conditions or privileges of their emplayment,
discrirninate against persons because oitheir age, �xcept on ihe basis of a bona fzde occupational
qualificatian, retirement plan, or statutory requ�rement.
12.
City and Disirict, in the e�ecutian, performance ax attempted performance of tlus contraet
and agreement, will not discrixninate against any person ar persons because of sex, race, religion,
color ox national origin, nor will District permit its agents, employees, subcontractors or program
participants to engage in such discrimination.
13.
The provisions of this agreement are severable and if for any reason a clause, sentenee,
p�agaph or other part of tlus agreement shall l�e determined to be invalid by a coua-t or federat or
state agency, board or commission having juxisdiction ovex �1ie sub�ect matter thereof, such
invalidity shall not affect other pravisions which can be given effect wiibout the invalid provision.
I4.
The failure of City or District �o insis# upon the performance of any term ar provision of
this a�eement ox to e�ercise any right herein conferred shall z�ot be construed as a waiver or
relinquishment to any e�tent of City's or Disirict's right to assert or rely upon any such term or
right on any future occasion.
15.
Should any action, whether real or asserted, at law or in equity, arise oui of the execution,
performance, atternpted pex�ormance or non-performance of this coniract and agreement, venue
f4r said actian shall Iie in Tarrant County, Texas.
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The governing bodies af City and District have approved the execution of ihis agreement,
an�. the persons signin� the agreement have been duly authorized by the governing badies of the
City and District to sign this agreemeMt on behalf of the gaverning bodies.
17.
This written instr�unent constitutes the entire agreement by the parties hereto concerning
the work and services io be performed hereunder, and any prior or contemporaneous, oral ox
written agreement which purports to vary from the terms hereof shall be void.
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IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in
Fort Wprth, Tarrant County, Texas, this � day of ,��� �,� �r.- -, , A.D. 2002.
ATTEST:
CITY OF F[?RT WORTH
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Czty �ecr�ta.ry
APPROVED AS TO FORM AND LEGALITY:
David Yeti, City Attorney
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By: �S
A stant Crty Attorney
Date: �3 S£ �' d�—
ATTEST:
f�uJ l�J�/Yi/tc/�.livc.�
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By.
Libby Watson
Assistant City Manager
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Contract Rutl�ori�ati�a
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CROWLEY INDEPENDENT
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STATE OF TEXAS
COUNTIE� OF TARIZANT
AND DENTON
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on �liis day
personally appeared Dr. Sidney Poynter, known to me to be tlze same persan v�+hose name is subscribed
to the foregoing instrument, and aclrnowledged to me that the same was for the purposes and considera�ion
therein expressed, as the act and deed of the Crowley Independent School District, and in the capacity
therein staied as its duly authorized officer ar i•epresentative.
GNEN �UNDER MY HAND AND SEAL OF OFTiYCE this � I�� day of
, 2002.
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�#���"�'�•, J�AIV DR�NNAN
�,....., r� hfotaryPab[IC
� 9T,���fv STATE�FT�IS
� �F„�` "' My Caa�m, Exp, 5ept. 2 i, 2Q04
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Natary u lic in arzd far
tY�e State of Texas
�TATE OF TEXAS
COUNTIES OF TARRANT §
AND DENT�N
BEFQRE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Libby Watson, lenow� io me to be the saxne person whose name is
subscribed tv the foregoing instrument, and acknowledged to xz�.e that the sarne was the act of the
City of Fort Workl� a.�d tkia.t she executed the same as the act of said City of Fvrt Worth for the
purposes and consideration therein expressed az�.d zn the capacity therein sta#ed.
GNEN UNDER MY H�ND AND SEAL OF OFFICE 'tb.i s �� day
of � , 2002.
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�,��:Y.�.V�� : ROSE�LA BARN �S
'2"�� ��, NOTARYPUBLIC
� ���jy � State of 'Cexas
'�?������Comm. Exp. 03-31-20Q5
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Notary u lic in an fo ����
the Stata of Texas
C`ity of Fori �orth, �'exas
cty�r ��d ��r��ciG ��i��r��ic�ti��
I DATE REFERENC� NUMBER LOG NAME PAGE
1 Q122102 �e1 �3 j � 35SCHOOLS
I SlJBJECT SCHOOL SECURITY INITIATIVE CONTRACTS FOR FY2002-2003
RECOMMENDATION:
1 of �
It is recommended ihat the City Council authorize the City Manager to execute contracts wiih th� Fart
Wor�h, Keller, Crowley, Eagle MountainlSaginaw, Northwest, and E�erman Independe�t School
Districts, to operate the School Security lnitiative.
DISCUSSfON:
The Fo�t Warth Crime Cantrol and Pre�ention District budg�t for Fiscal Year 2�02-2a03 includes funds
for the School Security Initiative. Under the program, all operational an� equipment funds ar�d ane-half
af all personnel costs are provided� by the Fort Worth Crime Control and Prevention District. T�e
remaining half of personnel costs will be paid by the respecti�e school districts.
During the terms of these contracts (October 1, 20Q2 through September 30, 2003), the Kelfer
lndependent School District will have 3 afficers; Everman, Eagle MountainlSaginaw, and Northwest
Ind�pendent 5chool Districts will each have 1 officer; Crawley l�dependent School Disirict wil[ have 2
officers; and the Fort �lllorth Indep�nde�t Schoof District will ha�e 40 officers, i Corporal, 3 Sergeants,
and 1 Lieutenant. There is no change in the number of afficers for each school district. Payments from
the schools #or 50°/a of the actual personnel costs shall be rendered on a quarter6y basis.
FISCAL INFORMATIONICERTIFfCATION:
The Finance Director certifies that th� Police Department will be responsible for the collection of
re�enues dus ta the City under these agreements.
I AL�1�i1
Submitted for City Manager's
Office by:
Libby Watson
Originafing Department Head:
Ralph Mendoza
Additionxl InFormation Contact:
Ralph Mendoza
I FUND I ACCOUNT I
' (to)
G R79 451663
6183 '
48386 (from)
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48386 �
CEIVTFR I AMDITNT I CITY SECRETARY
03510�0 I
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I APPROVED 10/22/62