The URL can be used to link to this page

Home My WebLink AboutContract 28155� � 1 �° f ' . � � � r STATE OF TEXAS COUNTTE� QF TnRRANT, DENTON AND �SE �[7'Y 5�� ,, CC)f��AC`i �, ; - i: � In consideration of �he mutual covenants, promises and agreements confained herein, this agreement is made and entered into between �kae City of Fort Worth, a home rulc municipal corporation of the State of Texas, located within Tarrant and Denton Counties, Texas (hereinafter referred to as "City,") acting by and through Libb� Watson, its duly authorized Assistant City Manager, and the Eagle MountainlSaginaw Independent Schoal District, a political subdivision of the State of Texas and a legally const'rtuted Indep�endent School District (hereinafter referred to as "District,") acting by and ihraugh ��, its uly authorized Superintendent. Weldon Ha�sey� RECITALS This Agreement is made un�.er the autk�o�ity granted to ihe City and the District pursu�n� to the Texas Government Code, Chapter 741, known as the INTERLOCAL COOPERATIQN ACT. W�-IEREAS, the citizens of Fort Worth and the City Council af Fort Wortl� ha�e determinec� that the security of students is paramount; and WHEREAS, tkie City of Fort Worth has recei�ed fiinds thraugh the Fort Worth Crime Control and Pre�ention District; and WHEREAS, the Eagle Mountain/Sagu►aw Independent School District proposes to pxovide a Schaol Security Initiative in canjunction with th� Fort Wflrth Faliee Depariment; NOW, THEREFORE, in consideration of the mut�ial co�enants herein expressed, the parties agree as follows: AGREEMENT 1. District covenanis and agrees to fu11y cooperate with the City of Fort ViTarth in the implementation of this project anc� both parties agree ihat during the term of this contract ihere shall be 1 police offic�r participating in the School Security Initiative. District agtees to share 50% of aIl personnel costs incurred by the City in this projeci, including Base Pay, Sa.lary Inereases, Overtune, Longevit� Pay, Incentive Pay, Acting Officer Pay, Bilingual Pay, FLSA, Caurt Attendance Casts, Med�care, Warlcers Compensaiion Tnsurance, Group Health Insurance, Overti.xxae, axid Retirement. -I- '... , �� 2. It is understood and agreed that Dis�rict sha11 remit funds to the City in a timely rnanner following receipt of an o�cial invoice. Invoices shall be pro�'ided on a qua�terly basis. For fiscal year 2402-2Q03 it is anticipated that reimbursement under this contract shall no� exceed $3'�,�00, and shall be based upon aetual expenditures made for the af�ic�r assigned to the School Security Initiative prograxn. 3. The term of this agreement is far a�eriod beginning an Octobex l, 20Q2 and ending on September 30, 2043. 4. It is e�pressly understoad and agreed by and between the paxiies hereto that this agreement is wholly conditioned upan ihe acival receipt by City of funds frorn tka.e Foxt Wortia Crime Cantral and Prevention Dist�ict a�ad that if such funds frorri the Fort Worth Crime Contral axxd Prevention District are nat tunely forthcoz�.ing, in whole or i�ri part, City may, at its sole discretion, ternvnate this contract and agreement. S. This agreement may be terminated by eiiher party hereto, in whole or in paxt, at any iime and for any z'eason, upon written notice to the other party. Such w�'itten notice shall specify to what extent the worlc un.der �e agreemeni is being terminated and the effec�ve date of the telmination. Within thirty {30) days after the ef£�etive date of such termu�ation, City shall iarward to Distxxct a fuial invo'rce for reimbursement to the Cify far personnel expenditures and District shall remit payrment in fii11 within sixty (b0) days after the date ti� such invoice. � District and City cavenant and agree that in the event either party fails to coxnplq with, ar breaches, any of the terms and provisions of this agreement, each party shall provide written notice to the other as soon as reasonably passible after the non breaching party beeomes awar� of the failur� to camply or breach of contract. In th� ave�t that �he breaching party fazls to cure ar correct such breaches within a reasonable �i�me fallnwing the receipt of notice, such reasonable time not to exceed 15 days, the non-breaching party s�all have the right to declare this agreement irnmediately ter�ninated, and neiiher party sha11 have further responsibility or liability hereunder. iI District covenants and agrees to fully cooperate �vith City in monitoring the effectiveness of the services and work to be performed with the District under this agreement, and City shall -2- ' „' � ,� ,� . have access at all reason�ble'hours to offices and records of the District, its officers, naembers, agents, amployees, and subcontractors for the purpose of such nnonitoring, such access being subleci to the liznitatians and requirem�r�ts under the Texas Public Irzformation Act and the Family Educational Rights and Privacy Act {FERPA}. : District shall operate hereunder as an independen.t contractar and not as an officer, agent, servant or employee of Cifiy. District shall be solely responsible for the acts and omissions ot�its officers, members, agents, servanfis, and employees. Neither City nar District shall be xesponsible under the Doctrine of Respandeat Superior for the acts and amzssions of its officers, members, agents, se�vants, employees, or officars of the other. � City agxees that the police officer shall be assigned by and responsible ta the Fort Worth Poiice Departinent, but shall work directly with tlae school principal of ihe District to which they are a�signed. Of#icers shall be assigned to the school district and assignments to a particular school shall be made by the corx�ander af the School Security Tnitiative in conjunction with District personnal. Such offieer shall have the schooX security initiative as their primary duty, and will not regularly be assigned addi�ional police duties. The City reserves the right, ho�uever, to reassign those officers temporaxily in the event of an emergency or when other circumstances require an enhanced police presence eXsewhere in the city and school is not in sessiaz�. Czty shaIl provide all law enforcement training and certi�icafion, vehiclas and police e�uipment, benefits, and insurance (including liability coverage) provided to aIl police officers employed by City. District shall provide any radio equipment n�cessary io allovw the assigned officer to communicate w�th schaol staf£ City shall coordinate assignment and duiy hours with District. If necessary to handie unplaru�ed absences at schools, officers from units other than the Schoal Security Initiative � rnaY be temporarily assigned to pxovide coverag�e. The Fort Worth Palice Department shall rnaintain emergency response plans fpr every school within their jurisdiction. These plans sha11 be k�pi confidential within the Departmenf fo� security purposes but meetings shall be held with autharized representatives of the school districts to provide relevant information and excer�ats from the plan necessa�ry far implementation. The Chief of Police shall designate a cammaaider io be responsible far maintenance and dissemination of these plans. 10. � �� ,� � -3- . ,. , � City shall in no way nor under axxy circumstances be responsible far any property belonging to District, iis officars, members, agents, ezx�ployees, subcontractors, program participants, licensees or invrte�s, which may be lost, stolen, destroyed aar it� any way damaged. City agrees to wa.ive, xelease, indemnify, and hold harmless the District from any and a11 claims, darnages, injuries, causes of acfi�on, or lawsuits arising out of the acts or amissions of the assigned officers. 11. City and District each covenant io the other that neither such party nor aaxy of its of�icars, members, agents, employses, program participants, or suhcontractors, while engaged in performing this contract shall in connection with the exr�ployment, advancem�nt, ar discharge of employees, or in connectian with the terms, conditions or privileges af their ernployment, discriminaie against persons becarxse of th�ir age, exeept on the basis of a bona fide occupational qua.lification, retirement plan, or statuto�ry requirement. 12. City and District, in the execution, performance or attempted performance of this contract and agreement, will not discrinunate again�t any person or persons because of sex, race, religion, color or national origin, nor will District pernait its ageants, emplayees, subcontractors or program participants ia engage in such discriminatian. 13. The p�rovisions of this agreement are severable and if for any reason a clause, sentence, paragraph ar other part of this agreement shall be determined to be invalid by a court or federal or state agency, board or comrnission I�a�ing jurisdiction over the subject matter thereof, such invalidiiy shall not affect other pxovisions which can be given efFeci without the invalid pxovi.sion. 1 A�. Th� failure of City or District to inszs� upon the performanc� of any �errn or provision of this agreement or to exercise any right herein confe�nred shall not be construad as a waiver or relinquishment ta any exi�nt of City"s or District's righi to assert or rely upoz� any such term or right on any future occasion. 15. Should any action, whether real or asserted, at law or in equity, arise out ofthe e�ecution, performance, attempted per%rmance ar non-performance of this contract and agreernent, �enue for said action shall lie in Ta�xazxt Caunty, Texas. _ _ � � ,; -4- ,; . 16. The govear�i.ng boclies a� City and District have appraved the execution of this agreemenf, and the persons signing the agreement hav e been duXy authorized by th� governing bodies of the City and District to sign this agreement on behalf of the governing bodies. 17. This written instrument constitutes the entire agxeez�ent by the parties h�r��o conc�rning the wvrk ax�.d services ta be performed hereunder, ancl any prior ar conte�nporaneous, oral or written agreement which purports to vary from the terms hereo� shall be void. ,; � � _g_ - IN W7TNESS 'W�IEREOF, the parties here�o have executed ihis agreement in multiples in Fort Worth, Tarrant County, Texas, this �s�', day of �.„�,,,ba . , A.D. 2002. CTTY OF F�T WORTH � � � _ �.� �.- By: � Libby Watson Assistani City Manager �' Iw3�� _ Contxact F.uthoriz��.ion � =*.+__ --�•---�--- Date EAGLE MOUNTAIN/SAGINAW INDEPENDENT SCHQOL DISTRICT By: �/.,/ / W�lcfon� . �?�� - �� ,5uperintendent � ,, , -6- � ; � ATTEST: /�� , , r, . „ C��r - -.- � f� - .� y Secretary , .APPROVED AS TQ FORM AND LEGALITY: David Yett, City Attorney By: � _ �� Ass an� City Attarney Date: `Z3 � 5 �� o� ATTE�T: � �� Sarah Hol.lenstein Baa�d. President STATE OF TEXAS CQUNTIES OF TARRANT AN17 DENTON BEFORE ME, the undersi�ned authority, a Notary Publia in and far the State of Texas, on this day personalIy appearedWeldon Ha.��e�Superintendent, known to me ta be the same person whase naxne is subscribed to the foregoing instriament, and acknow�edged to me that the sazxie was far the purposes and consideration therein expressed, as fi1�e act and deed of the Eagle MountainlSaginaw Independe�t School District, and in the capacity therein stated as its duly authorized officer or representative. �G EN LJNDER MY HAND AND SEAL OF OFFICE this �!� day of ,�,� , 2aoa. ,��-- � Notary Public in and for the State of Texas ,,,,��,��,,, +n� Rp q�qp - `'�Y•p�4 s 4�,�F@!dl'{ �. � 1 F4�f �I�L. :�: k y��.� � ��-'�[; �:: iuC�$t�' i'U�l�rn �,�'P�8 � T�s �1 i''�� r}y C`e7tY1�11�1,�iR F�IIY05 ��';%�'�'ok �},�,�`''� �i��ri 3, 20Q5 ��INllttt �s�.rvv�..>.w�PVa-�t w.:�l�xT� STATE OF TEXAS COUNTIES OF TARRANT § AND DENTON BEFORE ME, the undersigned authority, a Notary Public in and far ths State af Texas, an this day personally appearec3 Libby Watson, known to me to be the same person whase name is subscribed to the foregaing instrument, and acknowled�ed to me that the same was the act o� the City of Foxt Worth azad ttiat she execuied th� same as the act of said City of Fart Worth for the puxposes and consideration therein expressed and in the capacity thezein stated. GNEN LJNDER MY HAND AND �EAL OF OFFICE ihis of �/ , 2002. � � 'A� . R05ELLA BARNES �� NOTARY PUBL4C i�,�� State of Texas �i� � �} Comm. �xp. 03-31-2D05 ��V • �1 1� � � �w�w0n„ Y �+ U !� • ! � q O i � ' � • 1 � �� day � Notary Pu lic xn an for �he State of Texas C'ity of �'ort �orth9 2"exas 1�c�y�� i� ��r��c��i�� DAT� REFERENCE NUMBER LDG NAME PAGE � a�22�o2 �o� �3� � 3�scHoo�.s I 1 of 1 SUBJ�CT SCHOOL SECURITY INITIATIVE CONTRACTS FOR FY2002-2dC}3 RECOMMENDATI4N: It is recommend�c� that the City Council autho�ize the City Manager ta execute cantracts with the Fort Worth, Keller, Crowley, Eagle Mauntain/Saginaw, Northwest, and Everman I�dependent 5chool Districts, to op�rate the Schaol 5ecurity Initiative. DISCUSSION: The Fort Worth Crime Control and Prevention Distr.ici budget for Fiscal Year 2002-2Q03 includes funds for the School Security lnitiative. Under the pragram, all aperational and equipment #unds and one�haif of a�l personnel costs are pravEded by the Fort Worth Crime Control and Prevention District. The remaining half af persannel costs wi�l be paid by the respectiv� school districts. During th� terms of tl�ese contracts (October 1, 20a2 through September 30, 2003), the Keqer Independen# Sehool District will have 3 officers; Everman, Eagle Mountain/Saginaw, and Nor�hwest Independent School Disiricts will each have 1 officer; Crowley Ind�pe�dent Schoal District will have 2 officers; and the Fort Worth Inde�endent ScY�oal District will have 40 officers, 1 Corporal, 3 Sergeants, and 1 Lieutenant. Ther� is no change in the number of officers for each schaal district. Payments from the schools �or 50% of the actual personnel costs shall be rendered on a q�a�terly basis. F15CAL. fNFORMATfONICERTIFICATION: The Finance Director certifies that the Police "Department will be respansible for the collection of reve�ues due ta the City under t�ese agreements, ��Ai1 Sui�mitted for City Manager's Office by: I kUND � ACCOUNT {to) GR79 451663 6I83 � �8386 � (from) � 48386 � CENTER I AMQUNT CITY SECRETARY Lihby Watson Otiginating Department Head: Ralph Mendoza Additio�aa[ Informatiqn Cantact: Ralph Mendoza a3510�� APPRDV�1� 10/22/02