HomeMy WebLinkAboutContract 28156�i�� ���������
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STATE OF TEXAS
COUNTIES OF TARRANT, DENTON �
AND WISE
In consideration of the mutual cavenants, promises and agreements contained herezn, this
agreement is rnade and entered into between the City of Fort Worth, a home rule municipal
corporation of tb.e State o� Texas, located withiz� Taz�ant and Denton Counties, Texas (h�rainafier
referred ta as "Cit�r,") acting by and through Libby Watson, its duly authoxized Assistant City
Manager, and the Everman Yndependent School District, a political subdivision of the �tate of
Texas and a legaIly constituted Independent �chool District (hereinafter referred to as "District,")
acting by and through Dan Powell, its duly authorized Superintendent.
RECITALS
This Agreement is made under the authority granted to the City and the District pursuant
to the Texas Government Code, Chapier 791, known as the INTERLOCAL COOPERATION
ACT.
WHEREAS, tha citizens o�Fort Worth and the City Council of Fort Vt�'orth have
determined that the security of students is paramount; and
WI�REAS, the City of Fort Worth has reeeived funds through the Fort Worth Crime
Control and Prevention District; and
WHER�AS, the Evexman Independent School District proposes to pravide a School
Security Initiative in conjunction with the Fort Worth Police Depaatrnent;
N�W, THEREFORE, in consideration af the mufizal covenants herein expressed, the
parties agz-ee as follows:
AGREEMENT
1.
District covenants and agxees to fully cooperate with the City of Fort Worth iti the
irnplernentation of this project and both parties agree that d�ring the term of this contract there
shall be 1 police officer participating in the School �ecurity Tnitiative. District agrees to share
50% of all persannel costs incurred by the City in this project, including Base Pay, Salary
Tncreases, Overtixx�e, Longevity Pay, Incentive Pay, Aeting Offcer Pay, Bilingual Pay, FLSA,
Caurt Attendance Costs, Medicare, Woarkers Coa�x�pensa�ian Znsuxaz�ce, Gxoup Healtka Lnnsu�raxzce,
O�vertime, and Retir�ment.
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It is understood and agreed that District shall remit funds to the City in a tinaely manner
following receipt of an official invoice. Invoices s�all be provided on a quarterly basis. For fiscal
year 20fl2-2043 it is anticipated that raimbursement uz�der this contract shall not exceed $3'�,�00,
and shall be based upon actual expenditures made for the officer assigned to the School S�curity
Initiative program.
3.
The term of ihis agreement is foz' a period beginning on October 1, 2002 and ending on
September 30, 2003.
4.
it is expressly uz�derstood and agreed by and between the �arties hereto that this
agreement is whally conditioned upon the actua� receipt by City af funds from the Fort Worth
Crim� Control and Prevention District and that if such fu�ds from the Fort Worth Crime Control
and P:revention Di�trict are not timely forthcoming, in whole or in part, City may, ai its sole
discreiion, terminate this cantx'act and agreament.
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This agreemeni may be ierminated by eiiher party hereto, in whole or in part, at any time
and for any reason, upan written natice to the other party. Such written notice shall speci£y to
what extent the work undar the agree�aent is being tenninated and the ef�ective date of the
terminatioil. Within thirty (30) days after the effective date ofi such tennination, City shall forward
to District a�in� invoice for reimbursement to the City for personziel expenditures and District
shall remit payment in fu11 within �ixty (60) days after the date of such invoice.
C�
District and Ciiy covenant and agree that in the event either party fails to coxnply with, or
breaches, any of the terms and provisians af this agreement, each party shall provide written
notice to the other as soon as reasonabiy possible after �ie non-i�reaching party becomes awarc of
the failure to comply or breach of contract. In the event that the breachzng party fails ta cure or
correct such breaches wiihin a reasonable time following the receipt of natice, such reasanable
time noi to exceed 15 days, the nan-breaching party shall have the righi to declare this agreement
immediately ternvnated, and neither paxty shall have �urfher responsibility or liability hereunder.
7.
District cavenants and agrees to fully cooperate with City in monitoring the effectiveness
of ihe services and work to be performed with the District under this agreement, and City shall
have access at a11 reasonable hours to offzces and records of the District, its officers, rnernbers,
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agents, employees, and subcontractors for the purpose of such rnoni�oring, such access being
subject to the Iimitations and rec�uirements under fhe Texas Public Infarmation Act and the
Family Educaiional Rights and Privacy Act (FERPA}.
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District shall operate hez'eunder as an indepEndent contractor and not as an officer, agent,
servant or employee of City. District shall be solely responsibie far the acts and omissions of its
officers, merrfbers, agents, servanis, and �mployees. Neither City nar District shall be responsible
under the Doctrine of Respondeat Superior for fhe acts and omissions of its officers, members,
agents, sereants, amployees, or officers of the other.
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City agrees that ihe police officer shall be assigned by and responsible to the Fort �+Vorth
Police Depaxtmen#, but shall work directly with the school principal of the District to whicb they
are assigned. Officers sha11 be assig�n.ed to the school districi and assignrnents ta a particular
schoal shall be made by the commander of the School Security Initiat�ve in conjunction with
District personnel. Such off'icer shall have the school security i_nitiative as their primary duty, and
will not regularly be assigned additianal police duties. The City reserves the right, however, to
reassign those officers te�nporarily iu the event of an emergency or when other circumstances
require an enhanced police presence elsewhere in the city aud school is not in session. City shall
provide all law enforcement �raining and certification, vehicles and police equipment, benefits,
and insurance (including Iiability coverage) provided to a11 polic� officers employed by City.
District shall provide any radio equipment necessary to allow the assigned officer to communicate
with school staff. City shall coo:rdinate assignment and duty haurs with District. If necessary to
handle unplanned absences at schools, officers from units other than xhe School Securi�r Initia�ive
may be teznporarily assigned to provide coverage.
The Fort Worth Police Department shall maintain emergency respor�se pians �ar every
school withiu their jurisdictior�. Th�se pl�ns shall be kept confidential within the Department faz
security p�rposes but meetings sha11 be held with auihorized representatives of the school di�tricts
to provide relevant information and excerpts from the plan necessary for implementation. The
Chief of Police shall designate a con3mander to be responsible for maintenance and dissamina�ian
of these pla�s.
10.
City shall in no way nor under any circumstances be responsible for any prapeYl:y
belanging to District, its of�cers, members, agents, ernployees, subcontractors, program
participants, licensees or invitees, vcrhich may be 1ost, stolen, destroyed or in any way damaged.
City agrees to waive, release, indemnify, and hold barml�ss the D'zsirict from any and all claims,
darnages, injuries, causes of action, or lawsuits arising oui of the acts or omissions of the assigned
officers.
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City and District each cavenant to the other that neither such party nor any of its officers,
members, agents, employees, program participants, or subcontractors, while engaged an
perfarnzing this contract sha11 in connection w�i� �lte employment, advancement, or discharga of
employees, or in connection with the terms, conditions or privileges a�their employment,
discriminate against persans because of their age, except on the basis of a bona fide occupatianal
qualification, retirement plan, or statutory requirernent.
12.
City and District, in the execution, perforix�a�.ce or attempted performance of t�is contract
and agreement, will not discriminate against any person or persons because of se�, race, religian,
color or national origin, nor will District permit its agents, err�ployees, subcantractors or program
participants to �ngage in such discrimination.
13.
The pra�risions of this agreement are severable and if %r axry xeason a clause, sentence,
paragraph or other part of this agre�rnent shall bc determined to be invalid by a court or federal or
state agency, board or comFnisszon having jurisdiction oeer the subject matter thereof, such
invalidity shall not affect other provisions wluch can be given effect without the invalid provision.
14.
The failure of City or Distr,tct to insist upon the p�rformance of any term or provision af
this agreement or to exercise any right herein conferred shall not be construed as a waiver or
relinquzshment to any extent of City's or District's right to assert oz zely upon any such t�rm or
right on any future occasion.
15.
Shauld any action, whether real or asserted, at law or in equity, arise out of the execution,
performance, attempted per�ormance or nan-performance of this contract and agreement, venu�
for said action shall lie in Tarrant County, Texas.
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16.
The governing bodies of City and Dzstrict have approved the execution of �his agreement,
and the pErsans sio ing the agreement have been duly a�tho�ized by the governing bodies of the
City and D'zsfrict to sign this agreement on behalf of the governing bodies.
17.
This written instrument constitutes the entire agreement by �ie parties hereto concerning
the wark and services to be per�ormed hereund�r, and any prior or contemporaneous, oral or
written agreement which purports to vary from tlle terms hereo� shall be void.
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]N WITNESS WHERE�F, the parties hereto have executed this agreement in multiples in
Fort Warth, Tarrant County, Tea�as, th:is i�� day of ,�. u.�,,,,,� , , A.D. 2002.
ATTEST:
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CITY OF FORT WQRTH
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By: I
` �Lxbby V�san
Assistant CityManager
APPRO�ED AS TQ FORM AND LEGALTTY:
David Yett, City Atfiorney
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By: �
" As ' ant City torne
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Contrac� �uthoxiz�tion
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1Dat�
Date: �-3 S�.�' o"�-
ATTEST:
EVERMAN INDEPENDENT
SCHOOL DT�TRTCT
B /CJ�
Y•
Dr. Dan Powell
Superintendent
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STATE OF TEXAS
COUNTIES OF TARRANT
AND DENTON
BEFORE ME, the undersigried authority, a Notary Pub�.c in and for the State of Texas, on this day
pers�nally appeared D�n� Powell, Superintendent, la�own to me to be the same persan whose name is
subscribed ta the foregoing znstrument, and acla�owledged to �ne that the same was for the purposes and
consideration therein expressed, as the act and deed of the Everman Independent School Dis�ric�, and
in the capacity therein stated as its duly authorized officer or representat�ve.
�GIVE�i_Lf�E��MY IIAND ANI] SEAL OF OFFICE this
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: ��'•" °",�M BA�BARA AN�! NOV{KOFF ;
;�r��ti f�101ary Pub11C, State of Teaas ,
My Commieaion E�irea
� �F a�,� MARC�9 30, 2o0a _
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��.�7 day of
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otary Public in and or
the State of Texas
STATE OF TEXAS
COUNTIES 4F TARRAN'I' §
AND DENTON
BEFORE ME, �he undersigned authority, a Notary Public in and for tha State of Texas, on
this day personally appeared Lxbb� Watson, knovvn to me to be the same person whose name is
sub�cribed to the �oregoi.z�g i�strument, and acknowledged to me that the same was the act of the
City of Fork Wartb. and khat she execnted th� same as the act of said City of Fort Worth for tY�e
purpases and eonsideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL QF OFFICE ihis
of ,f/ , 2002.
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za,.�..�.. �s R05ELlA BARNES
�' ���� IYQTARY PU�l.IC
9 �^7;/� State of Texas
���"�c�,�,. �x�. 03-3�-2oa�
Nti��'�N
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f� day
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Notary u ic in an� or
fhe State of Texas
City of �`o�t Worth, 2'exas
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DATE RE�ERENCE NUMBER �OG NAME PAGE
10/22/02 ��°p 93� 4 I 355CHOOLS 1 of� 1
SLlBJECT SCHOOL SECURITY INITlAT1VE CONTRACTS FOR FY2p02-2003
REC�MMENDATION:
It is recommended that the City Council authorize the City Manager to execut� contracts with the Fort
Worth, K�ller, Crowley, Eag�e Mountain/Saginaw, Northwest, and Everman Inc{epertdent ScF�ool
Districts, to operate the School S�curify Initiative. ,
DISCUSS��N:
The Fort Worth Crime Control and Pre�ention District budget for Fiscal Year 2002-2003 includas funds
far the School 5ecurity �nitiati�e. Under fihe program, all operational and equipment funds and one-half
of all personnel costs are pro�ided by the Fort Worth Crime Control and Preventian District. The
remaining half�af personnel costs r�vill be paid by #he respecti�e schaol districts.
Dur�ng the terms of these contr�cts (October 1, 2002 through Septemb�r 3Q, 2003}, the Keller
Independent 5choal District r�il� ha�e 3 officers; Everman, Eagle Mountain/Saginaw, and Northwest
Independent Schoal Districts will each ha�re 1 officer; Crowley Independent Schoo! District will have 2
officers; ar�d the Fart Worth Independent Sc�hool District wili l�ave A�0 a�ficers, 1 Corporal, 3 Sergeants,
and 1 Lieutenant. There is no change in the number of officers for each school district. Payments fram
the schools far 50% af the act�al personnel costs shall be r��dered on a quarterly �asis.
FISCAL INFORMATI4N/CERTIFICATI��f;
The Finance Dir�cfor cert�fiies that tne Police Department will be responsible for the collection af
revenues due to the City under these agreements.
L.UV:n
Submitted for City Manager's
Of�ice by:
FLIND I ACC�UNT I CENTER I AMOUNT
CTTX SECRETARY
Libby Watson
Originating Degartment �ead:
Ralph Mendoza
Additional Informatian Contact:
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� G R79 461663 0351 Q00
6183
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48386 � (from}
APPROVEb 10/22/02
Ralph Mendoza 4$386