HomeMy WebLinkAboutContract 31017 12-0 7-04A0' : 20 RCVD
S CITY SECRETARY SECRETARY TATE OF TEXAS
§ CONTRACT NO.
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 Lena Pope Home, Inc., located in Denton and Tarrant County and a legally
constituted Independent School District(hereinafter referred to as "Agency,") acting by and
through Ted Blevins, its duly authorized Executive Director.
RECITALS
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,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.
Agency 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.
The officer will be located at the Tarrant County Juvenile Justice Alternative Education Program.
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2.
It is understood and agreed that Agency 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$45,000,
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 Agency 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(30) days after the effective date of such
termination, City shall forward to Agency a final invoice for reimbursement to the City for
personnel expenditures and Agency shall remit payment in full within sixty(60) days after the
date of receipt of such invoice.
6.
Agency 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.
Agency 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 Agency 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 and 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 Agency 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 Agency employees and shall not be considered in any manner to be
Agency employees.Neither City nor Agency 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 Agency to which they
are assigned. Officers shall be assigned to the school Agency and assignments to a particular
school shall be made by the commander of the School Security Initiative in conjunction with
Agency 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 Agency is not in session. Agency
shall provide any radio equipment necessary to allow the assigned officer to communicate with
school staff. City shall coordinate assignment and duty hours with Agency. 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; Agency 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
Agencys 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.
City shall in no way nor under any circumstances be responsible for any property
belonging to Agency, 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 Agency 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 Agency 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 Agency, 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 Agency 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 Agency 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 Agency to sign this Agreement on behalf of the governing bodies.
17.
Notices to Agency shall be deemed given when delivered in person to the Executive
Director of Agency or on the next business day after the mailing of said notice addressed to said
Agency by United States mail, certified or registered mail,return receipt requested, and postage
paid at 3131 Sanguinet Street 76107.
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.
i
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples
in Fort Worth, Tarrant County, Texas,this 94') day of�QQ��� , A.D. 2004.
ATTEST: CITY OMFOORT
nA" _ By:
City Secretary Joe P ag a
Assis ant City M er
APPROVED AS TO FORM AND LEGALITY:
L
By � � I
Contract Auth rizatiom
m ,��
Assistant City Attorney, for
David Yett, City Attorney DatO
Date:
ATTEST: LEN AA POPg HOME, INC.
By.� ---- —
red Blevins
Executive Director
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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day
of ' 2004.
ROSELLA BARNES
NOTARY PUBLIC
state of Texas
W8611 Comm.Exp.OS-31-2005
Notary Public in and for
the State of Texas
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 Ted Blevins, 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
Lena Pope Homes, Inc., and in the capacity therein stated as its duly authorized officer
or representative.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this / day
of ,y , 2004.
..PVk% VERLYN K GRIFFIN
NOTARY PUBLIC
�= State of Texas
Comm. Exp. 07-19-2008 Notary Public in and for
the State of Texas
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 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.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR79 451663 0351000 12,.092,342.00
Submitted for City Manager's Office by. Paniagua (6140)
Originating Department Head: Ralph Mendoza (392-4210)
Additional Information Contact: Susan Alanis (392-4221)
Lognatne: 35SECURITY Page 1 of 1