HomeMy WebLinkAboutContract 29344 ;
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CITY SECRETAJJY
y r%Q�lT RACT
12-03-03P05 : 0? RCJD _
STATE OF TEXAS §
COUNTIES OF TARRANT, DENTON §
AND WISE
In consideration of the mutual covenants,promises and agreements contained herein,this
Agreement is made and entered into between the City of Fort Worth, a home rule municipal
corporation of the State of Texas, located within.Tarrant and Denton Counties, Texas (hereinafter
referred to as "City,") acting by and through Joe Paniagua, its duly authorized Assistant City
Manager, and the Northwest Independent School District, a political subdivision of the State
of Texas, located in Denton and Tarrant County and a legally constituted Independent School
District(hereinafter referred to as "District,") acting by and through Jeannette Leong, its duly
authorized Board President,
RECITALS
This Agreement is made under the authority granted to the City and the District pursuant
to the Texas Government Code, Chapter 791,Imown as the INTERLOCAL COOPERATION
ACT.
WHEREAS, the citizens of Fort Worth, the City Council of Fort Worth, and the District
have determined that the security of students is paramount; and
WHEREAS,the City of Fort Worth has received funds through the Fort Worth Crime
Control and Prevention District; and
WHEREAS, the District proposes to provide a School Security Initiative in conjunction
with the Fort Worth Police Department;
NOW, THEREFORE, in consideration of the mutual covenants•herein expressed, the
parties agree as follows:
AGREEMENT
1.
District covenants and agrees to fully cooperate with City in the implementation of this
project and both parties agree that during the term of this Agreement there shall be one police
officer participating in the School Security Initiative. District agrees to share 50% of all personnel
costs incurred by the City in this project, including Base Pay, Salary Increases, Overtime,
Longevity Pay, Incentive Pay, Acting Officer Pay,Bilingual Pay, FLSA, Court Attendance Costs,
Medicare, Workers Compensation Insurance, Group Health Insurance, Overtime, and Retirement.
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2.
It is understood and agreed that District shall remit funds to the City in a timely manner
following receipt of an official invoice. Invoices shall be provided on a quarterly basis. For fiscal
year 2003-2004 it is anticipated that reimbursement under this contract shall not exceed $37,500,
and shall be based upon actual expenditures made for the officer assigned to the School Security
Initiative program.
3.
The term of this Agreement is for a period beginning on October 1, 2003 and ending on
September 30, 2004.
4.
It is expressly understood and agreed by and between the parties hereto that this
Agreement is wholly conditioned upon the actual receipt by City of funds from the Fort Worth
Crime Control and Prevention District and that if such funds from the Fort Worth Crime Control
and Prevention District are not timely forthcoming, in whole or in part, City may, at its sole
discretion, terminate this contract and agreement.
5.
This Agreement may be terminated by either party hereto, in whole or in part, at any time
and for any reason,by giving 30 days written notice of termination to the other party. Such
written notice shall specify to what extent the work under the Agreement is being terminated and
the effective date of the termination. Within thirty(3 0) days after the effective date of such
termination, City shall forward to District a final invoice for reimbursement to the City for
personnel expenditures and District shall remit payment in full within.sixty(60) days after the
date of receipt of such invoice.
6.
District and City covenant and agree that in the event either party fails to comply with, or
breaches, any of the terms and provisions of this Agreement, each party shall provide written
notice to the other as soon as reasonably possible after the non-breaching party becomes aware of
the failure to comply or breach of this Agreement. In the event that the breaching party fails to
cure or correct such'breaches within a reasonable time following the receipt of notice, such
reasonable time not to exceed 45 days, the non-breaching party shall have the right to declare this
Agreement terminated, and neither party shall have further responsibility or liability hereunder.
7.
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District and City covenants and agrees to fully cooperate with the other party in
monitoring the effectiveness of the services and work to be performed under this Agreement, and
City and District shall have access at all reasonable hours to offices and records of the other party,
its officers, members, agents, employees, and subcontractors for the purpose of such monitoring,
such access being subject to the limitations and requirements under the Texas Public Information
Act and the Family Educational Rights and Privacy Act(FERPA).
8.
City is and at all times shall also be deemed to be an independent contractor acid shall be
wholly responsible for the manner in which it determines which officer is assigned.to the School
Security Initiative and the way City performs the services required by the term of this Agreement.
Nothing herein shall be construed as creating the relationship of employer and employee, or
principal and agent,between District and City or any of City's agents or employees. City assumes
exclusive responsibility for the acts of its employees as they relate to the services provided during
the course and scope of their employment. City, its agents and employees, shall not be entitled to
any rights or privileges of District employees and shall not be considered in any manner to be
District employees.Neither City nor District shall be responsible under the Doctrine of
Respondeat Superior for the acts and omissions of its officers,member, agents, servants,
employees, or officers of the other.
9.
City agrees that the police officer shall be assigned by and responsible to the Fort Worth
Police Department, but shall work directly with the school principal of the District to which they
are assigned. Officers shall be assigned to the school district and assignments to a particular
school shall be made by the commander of the School Security Initiative in conjunction with
District personnel. Such officer shall have the School Security Initiative as their primary duty, and
will not regularly be assigned additional police duties. The City reserves the right,how-ever, to
reassign those officers temporarily in the event of an emergency or when other circumstances
require an enhanced police presence elsewhere in the city and District is not in session. District
shall provide any radio equipment necessary to allow the assigned officer to communicate with
school staff. City shall coordinate assignment and duty hours with District. If necessary to handle
unplanned absences at schools, officers from units other than the School Security Initiative may
be temporarily assigned to provide coverage.
The Fort Worth Police Department shall maintain emergency response plans for every
school within their jurisdiction. These plans shall be kept confidential within the Department for
security purposes but meetings shall be held with authorized representatives of the school districts
to provide relevant information and excerpts from the plan necessary for implementation. The
Chief of Police shall designate a commander to be responsible for maintenance and dissemination
of these plans.
10.
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City shall in no way nor under any circumstances be responsible for any property
belonging to District, its officers, members, agents, employees, subcontractors,program
participants, licensees or invitees,which may be lost, stolen, destroyed or in any way damaged.
.City agrees to waive,release, indemnify, and hold harmless the District from any and all claims,
damages, injuries, causes of action, or lawsuits arising out of the acts or omissions of the assigned
officers.
11.
City and District covenants that neither it nor any of its officers,members, agents,
employees, program participants, or subcontractors,while engaged in performing this Agreement
shall in connection with the employment, advancement,or discharge of employees, or in
connection with the terms, conditions or privileges of their employment, discriminate against
persons because of their age, except on the basis of a bona fide occupational qualification,
retirement plan, or statutory requirement.
12.
City and District, in the execution,performance or attempted performance of this
Agreement, will not discriminate against any person or persons because of sex,race,religion,
color or national origin, nor will either party 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, sentence,
paragraph or other part of this Agreement shall be determined to be invalid by a court or federal
or state agency,board or commission having jurisdiction over the subject matter thereof, such
invalidity shall not affect other provisions which can be given effect without the invalid provision.
14.
The failure of City or District to insist upon the performance of any term or provision of
this Agreement or to exercise or enforce any right herein conferred, or the waiver of a breach of
any provision of this Agreement by either party, shall not be construed as a waiver or
relinquishment to any extent of either party's right to assert or rely upon any such term or right, or
future breach of such provision, on any future occasion.
15.
All obligations of each party to the Agreement shall be performed in Denton and/or
Tarrant Counties. The laws of the State of Texas shall govern the interpretation, validity,
performance, and enforcement of this Agreement. Should any action, whether real or asserted, at
law or in equity, arise out of the execution, performance, attempted performance or non-
performance of this Agreement, venue for said action shall lie in Tarrant County,Texas.
16.
The governing bodies of City and District have approved the execution of this Agreement,
and the persons signing the Agreement have been duly authorized by the governing bodies of the
City and District to sign this Agreement on behalf of the governing bodies.
17:
Notices to District shall be deemed given when delivered in person to the Superintendent
of School of District or on the next business day after the mailing of said notice addressed to said
District by United States mail, certified or registered mail, return receipt requested, and postage
paid at 1800 SH 114, Justin, Texas 76247.
Notices to City shall be deemed given when delivered in person to the Assistant City
Manager.for Public Safety of the City or on the next business day after the mailing of said notice
addressed to said City by United States mail, certified or registered mail,return receipt requested,
and postage paid at 1000 Throckmorton, Fort Worth, Texas 76102.
18.
This Agreement shall be binding upon the parties hereto,their successors as assigns, and
constitutes the entire Agreement between the parties concerning the work and services to be
performed under this Agreement. Not other Agreements, oral or written pertaining to the
performance of this Agreement exists between the parties. This Agreement can be modified only
in writing, signed by both parties.
CRY
IN WITNESS WHEREOF, the parties ereto have executed this Agreement in multiples
in Fort Worth, Tarrant County, Texas, this Cl day of ,. , A.D. 2003.
ATTEST: CITY F WORTH
By: A.
ity Secret Jo gua
Assist t Cit anager
APPROVED AS TO FORM AND LEGALITY:
By:
As tant City Attorney, for Marianna M. McGowan
David Yett, City Attorney Northwest ISD Attorney
Date: �� /a3 Date:
ATTEST: NORTHWEST INDEPENDENT
SCHOOL DISTRICT
By: a AIAJ—U—tt E-ll-,
eannette Leong
Board President
Contract Authorization
Date
CRY MCG°?R%1�ff
STATE OF TEXAS §
COUNTIES OF TARRANT §
AND DENTON
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this
day personally appeared Jeannette Leong,Board President,known to me to be the same person whose
name is subscribed to the foregoing instrument, and aclmowledged to me that the same was for the
purposes and consideration therein expressed, as the act and deed of the Northwest Independent School
District, and in the capacity therein stated as its duly authorized officer or representative.
G EN UNDER MY HAND AND SEAL OF OFFICE this day of
0-V e? )'-bt"--- '2003.
BRENDA L.WITHERS
_* y MY COMMISSION EXPIRES
February 13,2005 "-
Notary Public in and for
the State of Texas
OFFICIAL '
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R. �R#00 uRT I o VEX.
STATE OF TEXAS §
COUNTIES OF TARRANT § .
AND DENTON
BEFORE ME, the undersigned authority; a Notary Public in and for the State of
Texas, on this day personally appeared Joe Paniagua, known to me to be the same
person whose name is subscribed to the foregoing instrument, and acknowledged to me
that the same was the act of the City of Fort Worth and that she executed the same as
the act of said City of Fort Worth for the purposes and consideration therein expressed
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day,
of �-� �-✓ , 2003.
ROSEL
=o. .. LA BARNES
s { �. NOTARY PUBLIC
',v1! State of Texas
COMM,Exp.03.31-2005 Notary Public in and for
the State of Texas
VEX.
City of Fort Worth, Texas
"nuor anol Co I Co W I
ft Ulm coition
DATE REFERENCE NUMBER LOG NAME PAGE
9/23/03 C-1 9768 35SECURITY 1 of 1
SUBJECT SCHOOL SECURITY INITIATIVE CONTRACTS FOR.FY2003-2004
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute contracts with the Fort
Worth, Keller, Crowley, Eagle Mountain/Saginaw, Northwest, and Everman Independent School
Districts-to-operate-the School-Security-Initiative. - -- -
DISCUSSION:
The Fort Worth Crime Control and Prevention District budget for FY2003-2004 includes funds for the
School Security Initiative. Under.the program, all operational and equipment funds and one-half of all
personnel costs are provided by the Fort Worth Crime Control and Prevention District. The remaining
half of personnel costs will be paid by the respective school districts.
During the terms of these contracts (October 1, 2003, through September 30, 2004), the Keller
Independent School District will have four officers; Everman, Eagle Mountain/Saginaw, and Northwest
Independent School Districts will each, have one officer; Crowley Independent School District will have
two officers; and the Fort Worth Independent School District will have 40 officers, one Corporal, three
Sergeants, and one Lieutenant. This is an increase of one officer for the Keller Independent School
District. Payments from the schools for 50% of the actual personnel costs shall be rendered on a
quarterly basis.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Police Department will be responsible for the collection of
revenues due to the City under these agreements.
JP:k
Submitted for City Manager's FUND FACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
GR79 451663 0351000 $1,971,043.00
Joe Paniagua 6140
Originating Department Head:
Ralph Mendoza 48386 (from)
Additional Information Contact:
Ralph Mendoza 48386