HomeMy WebLinkAboutContract 28157; � I `, , , � i
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STATE OF TEXAS §
COUNT�ES OF TARRANT, DENTON §
ANll WISE
In consid�ration of the mutual covenants, pramises and agreemenis contained herein, this
agreernent is made and entered into betw�en the City of Fort Worth, a home rule municipal
corporation of the State of Texas, Iocated within Tarrani and Denton Counties, Texas (hexeina.�ter
refe�ed to as "City,") acting by and through Libby Watson, its duly auihorized Assistant City
Manager, and the I�eller Iudependent School Disirxct, a political subdirrision ni the ,�tate of
Texas and a legally constituted Independent School District (hereinafter referred fio as "District,")
acting by and through its Bo�rd of Trustees.
RECTTALS
This Agreernent is made under the authority granted to tha City and the District pursuant
to the Texas Governmeni Code, Chapter 791., kn.own as the INTERLOCAL COOPER.AT�ON
ACT.
W�REAS, the citizens of Fort Worth and the City Couneil of Fort Worth have
determined that the security oFstudents is paramount; and
WHEREAS, the City of Fort V�orth has received f�xnds through the Fort Worth Crime
Control and Prevention District; and
WHEREAS, the Keller Independent School District praposes to pro�ide a Scb.oal
Sectirity InitiaiiWe in canjunction with the Fort Worth Police Department;
NOW, THEREFORE, in consideration of the mutual eo�+enants herein expressed, the
parties agree as follows:
AGREEMENT
1.
Districi covenaxits and agrees to fully cooperate with the City of Fort Worth in the
implementation of this proj eci and bath parties agree fhat at least three polic� offic�rs shall be in
the School5ecuriiy Initiative. Di�trict agrees to share SQ% of a1I personnel costs incurred by the
City in this project, including Base Pay, Salary 7itcreases, Overtime, Longevity Pay, Incentive
Pay, Acting Ofticer Pay, Bilingual Pay, FLSA, Court Attendance Costs, Medicare, Workers
Compensatian Insurance, Group Health Insu�ance, and Retxxement. �t i� specifically understood
tha� the assignment of daily overtime for officers t� be present for the opening and closing of the
school day will be at the option of the school prineipal. Tf the principal opts noi io use overtim�
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for this purpose it shall �e stated in writing and will siate whether the officer is to be present at the
opening or closing of the schoal day.
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It is understood and agreed that Distzict shall remit funds to the City in a timely manner
following receipt of a.n official invoice. Invoices shall be provided on a quarterly basis. Far fiscal
year 2002-2003 it is an�icipated that reimbursement under this contract shall not exceed $12S,�OQ,
and sha11 ba based upon actual expendituzes made �or a£ficers assigned to the School Security
Initiative program.
3.
The term of this agreement is for a period beo nning on Octaber 1, 2002, and ez�d�ing an
September 30, 2003.
4.
It is expressly understood and agreed by and betvveen the partzes hereto that this
agreeme�t is wholly conditioned upon fihe acival receipt by City of funds from the Fort Worth
Crime Control and Prevention Disirict and that i� such funds from �h� Fort Worth Crime Cantrol
and Prevention District are no� ti_mely forthcoming, in whole or in part, City may, at its sale
discretion, t�rminate this contract and agreement. Furthermore, City and District shall make all
payzx�en.ts u�dex this agreement fram current revenues aeailable to the paying party.
5.
This a�eement ffiay be tenninated by either party hereta, in r�hole or in part, at any time
and for ar�y reason, upon written notice to the other party. Such written notice sha11 specify to
what extent the work under the agreement is being terminat�d and the effective date af the
termination. Within ihirty (30) days after the effective date af such terminatian, City shall forward
to District a final invoice for reimbursement to the City for personnel expenditures and Disirict
shall re�i.t payment in full within s�ty {64) days after the date o� such invoice.
C'�
District and City covenant and agree tlaat in th� event �ithar party fail� to comply with, or
breaches, any of the terrns and provisions of this agreemenk, each pa�ty shall provide written
notice to the other as soon as reasonably possible after the non-breaching party becomes aware af
the fa,ilure to comply or breach af contract. In the event that the breaching party fails to cure ar
correct such breaches within a reasonable time following the receipt of no�zce, such reasonable
time no� to exceed 15 days, the non-breaching party shail have the righi to declare this agreement
immediately te�i�ated, and neiiher party sha11 have further responsibility or liability hereunder.
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Dis�rict covenants and agrees to fix1ly cooperate with Ciiy in monrtoring the effectiveness
of the services and work to be performed with the Districi under this agreement, and City sha11
have access at a11 reasonable hours to off ces and records of the Districi, its officers, mernbers,
agents, ernployees, and subcontractors �or the purpose of such monitoring, such access being
subj ect ta the limitations and requirements under the Texas Public Tnf'ormation Act and �he
Family Educational Rights and P�ivacy Act (FERPA}.
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Districf sha11 operate hereunder as an independent coniractor and not as an officer, agent,
servant or employee of City. Disf�'ict sha11 be solely responsible for the acts and omissions af its
offtcers, members, agents, servants, and employees. Neither City rzor District shall be r�sponsible
under the Doctxine o�Respandeat Superior for the acts and omissions of its officers, members,
agents, servants, empioyees, or officers af the other.
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City agrees that police officers shall be assigned by and xesponsible to the Fort Worth
Palice Department, but shall work directly with the school principals of the District to rwhich th�y
are assigned. Officers shall b� assigned to the school district and assignxnents to a particular
school shall be made by the cornmaz�der af ihe School Security Initiative in conjunction with
District personnel. Such officers shall have the school security initiativ e as thei� primary duty, and
will not regularl� be assign.ed additionai police duties. The City r�serves the righi, however, to
reassign ihose officers temporarily in the event of an emergency or when other circumstances
require an enhaz�ced police presence elsewhere in the eity and school is not in session. City shall
pravide al1 law enforcement txaining and certi�ication, vehicles and polica equipment, benefits,
and insurance (including liability coverage) provided to all poXice o£ficers employed by City.
District sha11 provide any radio equipmeni n�cessary to allow the assigned officers ta
comrnunicate w�itt� schaol sta�'f City shall coardinate assignment ar�d duty hours with Districf. If
necessary to handle unplanned absences at schools, officers from units other than the �chool
Security Initiative may be temporarily assi�ned ta provide coverage.
The Fort Worth Palice Department shall maintain emergency response plans for every
school within their jurisdiction. These plans shall be kept conf dential within the Department for
security purposes but meetings shall be held with autborized repr�s�ntatives of the school disiricts
to provide relevant information and excerpts from the plax� n.ecessary for implementatian. Th�
Chief of Police sha11 designate a commander ta be responsible for rnai.z�.tenance and dissemination
of these plans.
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Ciiy shall in no way nar under any circumstances be responsible for any property
belonging to Disirict, its officers, rnembers, ag�nts, employees, subeontractors, program
participants, iicensees or invitees, which may be lost, stolen, destrayed ar in any way da.maged.
City agrees to waive, release, indemnify, and hold harmless the District from any and all claims,
damages, injuries, causes o� action, or lawsuits arising out of the acts or omissions of the assigned
officers. Distric� shall in na vvay, nor any circumstances, be responsible for anyproperty dainage,
personal injuries, or other liabilities incunred or caused by the assignad officers.
11.
City and District covenants that neither it nor any o�zts offiaers, members, agents,
employees, p:rogram pa.t-�icipants, ar subcontractars, while engaged in performing this contract
shall in connection with the ernployment, advancement, or discl�arge of employees, or in
cann�etion with the terms, conditions or privileges of their eanplayznent, cliscriminate against
persons because a�their age, except on the basis of a bona �ide occupational qualification,
retirement plan, or statutory requi.rement.
12.
City and District, in the execution, performance ar attempted perFormanc� of this coniract
and agreement, wi11 nat discriminat� against ar�y person or persons because of sex, race, religioz�,
color ar national origin, nar will District pear�x�zt its agents, emplay�es, subcontractars or �arogram
participants ta engage in such discritnination.
l3.
The pro�visions of this agreement are severable and if for any reason a clause, sentence,
paragraph or ather pat� of this agr�ement shall be detei�nined to be invalid by a coui t or federal ar
state agency, board or commission having juxisd:iciion aver the subject rnattar thereof, such
invalidity shall nat affect other provisions which can be given effect without the imvalid provision.
14.
The �ailure of City or District ta insxst upon the performance of any term or provision of
this agreernent or io exercise any right herein corzfe�rared s�all not be construed as a waiver ar
relinquish�ent to any exteni o� City's ar District's right io assert or rely upon any such term or
right on any future accasian.
15.
Should any action, whether real or asserted, at law or in equity, a.rise out of'the �xecution,
performance, attempted performance or non-performance of this con�raci and agreemenfi, venue
for said action shall lie in Tarrant County, Texas.
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16.
The go�rerning bodies of City and District have approved the e�ecution af this agreernent,
and the person.s si�ning the a�reement have been duly authorized by the governing bodies of the
City and Disl�ict ta sign this agr�ement on behalf o� th� governing bodies.
17.
This written insirument constihite� the entire agreem�;nt by the parties hereto concer�ing
the work and services to be perfarmed hereunder, and any priar or contemporaneaus, oral or
written agreement which purports io vary firom the terms hereof shall be void.
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IN VVITNESS WHEREOF, the parties hereto have executed this agxeement i�n mult'rples in
Fort Worth, Tazxant County, Texas, this � ' day of �,,',� �___ , A.D. 2002.
ATTEST:
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City Secretar�
APPROVED AS TO FORM AND LEGALTTY:
David Yett, City Attorney
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�Assi t Gity Attorney
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B y: ,� - . � . "� � �--_'
Libby V��tson
Assistant City Manager
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Contxact Authari����on
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D�"��
Date: '�3 S� �'' ��
ATTEST:
KELLER INDEPENDENT
SCHOOL DISTRICT
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By: - " � -� ..�- +r-_ �' ,/1 �2—
Jac I�vine
. � Board of Trustees
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STATE OF TEXAS
COUNTIES OF TARRANT
AND DENTON
BEFORE ME, th� undersigned authority, a Notary Public in and £or the State of Texas, on this day
personally appeared ,7ac Irvine _� lrno�n to me to be the �ame p�rson whase name is subscribed to
the foregoing instrument, and aclmowledg�d to me that the same was for the purposes and cansideratian
t�erezn expressed, as the act and deed of the Keller Independent School Distr�ct, and in the capacity
therein stated as its duly authorized aff"icer or representative.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this �y`� day of
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Nota P ic�for
�Y
the State of Texas
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' : ��'� ��;. CY�ITHIA GAiL D1�VI�. ':�
=�� :*= MY COMMI55lON �XPIR�S 'i
= - May 12, 2005 � �
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STATE OF TEXAS §
COUNTIES OF TARRANT §
AND DENTQN
BEFORE ME, the undersigned authority, a Notary Public in and for the S�ate of Texas, on
this day personally appeared Libby Watson, known to me to be ihe sa�ne person whose name is
subscribed to the foregaing instr�ment, and acknowledged to rne that the �ame was tb.e act a�the
City of Fori Worth and that she executed the same as the act of said City of Foxt Worth %r the
purposes and consideration therein expressed and in the capacity therein stated.
GNEN UNDER MY HAND AND SEAL OF OFFICE this ��� day
of � , 2Q02.
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SYLVIA G��V�R � =
Notary Publie s
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No azy bl�c m and for
the �tat o� Texas
City of .�`ort �lorth, Texas
i�lc��r�r ���t ����ciG ���r�r��ic��i��
DATE REFERENC� NUMB�R LOG NAME PAGE
10l22/Q2 �-193i 4 I 355CHOOLS I 1�of �
SUBJECT SCHOOL SECURITY INITIATIVE CONTRACTS FOR FY2002�20Q3
RECOMMENDATI�N:
It is recammended that the City Councii authorize the City Manager to execute contracts with the Fort
Worth, Keller, Crowiey, Eagle Mauntain/Sagfnaw, Northwest, and E�erman Independent Schoo[
Districts, to operate the School Security Initiati�e.
DISCUSSION:
The Fort Warth Crime Cantrol and Preventian District budget for Fiscal Year 2002-2fl03 includes funds
for the School Security fnitiative. lJnr�er the program, al! aperational and equipment funds and one-half
of al[ personnel costs are pro�ided by the Fart Worth Crim� Contral and Prevention District, The
r�maining half of persor�nel costs will be paid by the respective school dis#ricts. -
Durin� the terms of these cantracts (October 1, 2002 through September 30, 2003), #he Keller
lndependent School District will have 3 officers; Everman, Eagle MountainlSaginaw, and Northwest
Independent School Disiricts will each have 1 officer; Crowley Independent School District wi[I ha�e 2
officers; and the Fart Worth Independent School District will have 40 offic�rs, 1_ Corpara[, 3 Sergeants,
and � Lie�atenant. There is no change in the number of officers for each school dis#rict. Payments from
t�e schools for 50% af the actual personnel costs shall be rendered on a quarterly basis.
FISCAL INFORMATIONICERTIFlCATION:
The Finance Director certifies that the Palice Department will �e respansible for the callection of
rev�nues due to the City under these agreements.
LW;n
Su6mifted for City Manager's
OtCice by:
Libby Watson
�riginating Department Head:
Ralpk� Mendoza
Adriitional Infarmativn Contact:
ltalph Mendaza
RUND � ACCOUN'r �
(to)
GR79 451663
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CITY SECR�TARY
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� APPROVED 1p122102