HomeMy WebLinkAboutContract 31015 12-07-04.A08 : 22 R C V D CITY SECRETARY
CONTRACT NO.
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 Everman Independent School District, a political subdivision of the State of
Texas and a legally constituted Independent School District (hereinafter referred to as "District,")
acting by and through Dan Powell, its duly authorized Superintendent.
RECITAI.,S
This Agreement is made under the authority granted to the City and the District pursuant
to the Texas Government Code, Chapter 791, known as the INTERLOCAL COOPERATION
ACT.
WHEREAS,the citizens of Fort Worth and the City Council of Fort Worth 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 Everman Independent School 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 the City of Fort Worth in the
implementation of this project and both parties agree that during the term of this contract 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.
2.
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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 2004-2005 it is anticipated that reimbursement under this contract shall not exceed$80,000,
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, 2004 and ending on
September 30, 2005.
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, upon written notice 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 (30) 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 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 contract. 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 15 days,the non-breaching party shall have the right to declare this agreement
immediately terminated, and neither party shall have further responsibility or liability hereunder.
7.
District covenants and agrees to fully cooperate with City in monitoring the effectiveness
of the services and work to be performed with the District under this agreement, and City shall
have access at all reasonable hours to offices and records of the District, its officers,members,
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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.
District shall operate hereunder as an independent contractor and not as an officer, agent,
servant or employee of City. District shall be solely responsible for the acts and omissions of its
officers, members, agents, servants, and employees.Neither City nor District shall be responsible
under the Doctrine of Respondeat Superior for the acts and omissions of its officers, members,
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,however,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 school is not in session. City shall
provide all law enforcement training and certification,vehicles and police equipment, benefits,
and insurance (including liability coverage)provided to all police officers employed by City.
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. City shall not provide replacements for officers
who are off of work due to occupational injury; District shall continue to pay salary under these
circumstances since it is a necessary personnel cost.
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.
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10.
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 each covenant to the other that neither such party nor any of its officers,
members, agents, employees,program participants, or subcontractors, while engaged in
performing this contract 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 contract
and agreement, will not discriminate against any person or persons because of sex,race,religion,
color or 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, 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 any right herein conferred shall not be construed as a waiver or
relinquishment to any extent of City's or District'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 out of the execution,
performance, attempted performance or non-performance of this contract and agreement,venue
for said action shall lie in Tarrant County, Texas.
Mr-I
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.
This written instrument constitutes the entire agreement by the parties hereto concerning
the work and services to be performed hereunder, and any prior or contemporaneous, oral or
written agreement which purports to vary from the terms hereof shall be void.
18.
Notices to District shall be deemed given when delivered in person to the Executive
Director of Agency, or the next business day after the mailing of said notice addressed to said
District by United States mail, certifi d or registered mail, return receipt requested, and postage
address
p aid at(address) (0O 0 to(VI e a l-yerVh(--4)U
Notices to City shall be deemed given when delivered in person to the Assistant City
Manager for Public Safety of the City, or the next business day after the mailing of said notice
addressed to said City by Unite States mail, certified or registered mail, return receipt requested,
and postage paid at 1000 Throcicmorton,Fort Worth, Texas 76102.
IN WITNESS WHEREOF,the parties hereto have executed this agreement in multiples in
Fort Worth, Tarrant County, Texas,this 141)day ofOJSO_1�1�0� , A.D. 2004.
ATTEST: CITY OF FORT WO
By:
City Secretary 0 oe n a Assi, an er
"" DLE c�,I
APPROVED AS TO FORM AND LEGALITY: C Contract Authorization
David Y/ett},�City
Attorney
,W�t
By: Date
Assistant City Attorney
Date:
DO 1� C;)�,1 r���0) 115;
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ATTEST: EVERMAN INDEPENDENT
SCHOOL DISTRICT
By:
Dr. Dan Powell
Superintendent
Al, R E cc 0)
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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 he 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. (� f �
IVEN UNDER MY HAND AND SEAL OF OFFICE this `� W° day
of 2004.
r�PAY FU ROSELLA BARNES
NOTARY PUBLIC
CO State of Texas
koF Comm.Exp.03-31-2005
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Notary Public in and for
the State of Texas
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t,l�i t� Can
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 Dan Powell,known to me to be the same person
whose name is subscribed to the foregoing instrument, and acknowledged to me that the
same was for the purposes and consideration therein expressed, as the act and deed of the
Everman Independent School District, and in the capacity therein stated as its duly
authorized officer or representative.
of (�IVE ER MY HAND AND SEAL OF OFFICE this���� day
�� , 2004.
��Y PUS Barbara Ann Novikoft
2� ° Notary Public,State of Tem
' `= My Commissim Expires
March 30,2008
Notary Public in and for
the State of Texas
n1 e
City of Fort Worth,, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/6/2004
DATE: Tuesday, October 05, 2004
LOG NAME: 35SECURITY REFERENCE NO.: **C-20321
SUBJECT:
School Security Initiative Contracts for FY2004-05
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 Initative.
DISCUSSION:
The Fort Worth Crime Control and Prevention District (CCPD) budget for FY2004-2005 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 CCPD. The City is then reimbursed for one-half of the personnel cost,
by the respective school districts.
During the terms of these contracts (October 1, 2004, through September 30, 2005), the Keller Independent
School District will have four officers; Everman and Northwest Independent School Districts will each have
one officer; Crowley and Eagle Mountain/Saginaw Independent School Districts will each have two
officers; the Fort Worth Independent School District will have 40 officers, one corporal, three sergeants and
one lieutenant; and Lena Pope Homes will have one officer to staff the Tarrant County Juvenile Justice
Alternative Education Program. This is an increase of one officer for the Eagle Mountain/Saginaw"'
Independent School District (Creekview Middle School). Payments from the schools for 50% of the actual
personnel costs shall be rendered on a quarterly basis.
This is a continuation of a program funded annually by the CCPD.
FISCAL INFORIVIATIONXERTIFICATION:
The Finance Director certifies that the Police Department will be responsible for the collection of revenues
due to the City under these agreements.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR79 451663 0351000 $2,092,342.00
Submitted for City Manager's Office by: Joe Paniagua (6140)
Originating Department.-Head: Ralph Mendoza (392-4210)
Additional Information Contact: Susan Alanis (392-4221)
Logname: 35SECURITY Page 1 of 1