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HomeMy WebLinkAboutContract 60667DocuSign Envelope ID: 534C6034-O387-411F-A2B1-8F8054FC37F0 CSC No. 60667 INTERLOCAL AGREEMENT FOR THE SCHOOL RESOURCE OFFICER PROGRAM FORT WORTH INDEPENDENT SCHOOL DISTRICT This lnterlocal Agreement for the School Resource Officer Program ("Agreement") is made and entered into between the City of Fort Worth, a home rule municipal corporation of the State of Texas ("City"), acting by and through Fernando Costa, its duly authorized Assistant City Manager, and the Fort Worth Independent School District ("FWISD" or "District"), a political subdivision of the State of Texas located in Tarrant County and a legally constituted Independent District ("District"), acting by and through Angelica M. Ramsey, its duly authorized Superintendent. RECITALS WHEREAS, 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 W01th and the City Council have determined that the security of students is paramount; WHEREAS, District wishes to participate in the School Resource Officer Program ("SRO Program") through which City provides school security to pa1ticipating school districts with facilities within the City's territorial limits using City's police officers; and WHEREAS, City will receive funds through the F01t Worth Crime Control and Prevention District ("CCPD") to assist in funding City's portion of the SRO Program costs. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements herein expressed, the Patties agree as follows: AGREEMENT DOCUMENTS: The Agreement documents shall include the following: I.This Agreement for the SRO Program 2.Exhibit A -Scope of Services 3.Exhibit B -Payment Schedule 4.Exhibit C -Roles and Responsibilities for Officers FWISD & CFW FY 2024 SRO Interlocal Agreement Page I of 15 DocuSign Envelope ID: 534C6034-D387-411F-A281-8F8054FC37F0 Exhibits A and B, attached hereto ai•e incorpoi•ated herein and made a pai•t of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A and B and the terms and conditions set forth in the body of this Agreement, the terms and conditions set foi�th in the body of this Interlocal Agreement shall control. The term "District" shall include the Disti•ict, and its officers, agents, employees, i•epresentatives, servants, contractors or subcontractors. The term "City" shall include its officers, employees, agents, and representatives. The term "Party" shall refer to either the City or the Disti•ict. The term "Parties" shall refer to both the City and the District. 1. SCOPE OF SERVIC�S. In partnership with the District, City hereby agrees to provide the District with school secui•ity services foi• the purpose of ci•eating a safe educational environment. The City will provide Fort Woi�th Police Department ("FWPD") officers at District schools within the territorial limits of Foi�t Worth. The District covenants and agrees to fully cooperate with the City in the implementation of the SRO Program. Attached hei•eto and incorporated for all purposes incident to this Agreement is "�xhibit A," Scope of Services, more specifically describing the services to be provided hereunder. 2. T�RM. This Agreement shall commence on October 1, 2023 ("Effective Date") and shall continue in full force and effect until September 30, 2024, unless terminated earlier in accordance with the provisions of this Agreement. 3. CONSIDERATION. The District shall pay City $5,264,853.82 (the "Agreement amount") in accordance with the provisions of this Agreement and the Payment Schedule attached as "�xhibit B." Such Agreement amount is based upon fixed expenditures for personnel and operating costs for police officeis assigned to the SRO Program. The District will be required to have at least one officer assigned per 1,500 students in any school that an officer is assigned. The Agreement amount represents 50% of all personnel and operating costs incuri•ed by the City for the fifty (50) police officers assigned to the District. The District will be required to accept the assignment of additional police officers to accommodate the proper ratio between student body and on-campus police officers. If additional officers are required pursuant to this section, the District shall pay City an additional $154,514.29 FWISD & CFW FY 2024 S20 Interlocal Agreement Page 2 of 15 DocuSign Envelope ID: 534C6034-D387-411F-A281-8F8054FC37F0 annually per additional officec. The Agreement amount is a projected figure based upon estimated costs for the program for the coming City Fiscal Year. � The Agreement amount also includes the District's proportional share of the personnel, training, and operating costs of the FWPD command staff that oversee the SRO Program. The command staff costs are shared by all participating school districts, and the participating school districts pay a proportional amount of the command staff costs based on the numbec of SRO Progcam officecs assigned to each pacticipating school district. The command staff includes two (2) detective, five (5) sergeants, two (2) celief police officers, and one (1) lieutenant assigned to the SRO Program. In addition, the Agreement amount includes the District's proportional share of the administrative opecating fees of SRO-assigned patrol vehicles. In the event that an officec is on leave due to an occupational inju�y, the Agreement Amount shall not be ceduced or amended due to such absence unless agreed by both Parties in writing. The District shall not be charged for officers during the time that those officers are on leave due to an occupational injury. It is understood and agreed that District shall remit funds to the City within thirty (30) calendar days following ceceipt of an official invoice. Invoices shall be provided by City to District on a monthly basis. In connection with the City's annual budget process, following the end of each Fiscal Year, funding shall be subject to a"true up" process in accordance with this paragraph. The City shall compace the actual costs of the prioc Fiscal Yeac's progcam with the projected/budgeted amount for the current Fiscal Year and calculate any deviation between the two. The City shall notify the District of such deviation on or before the ninetieth (90�h) day of the new Fiscal year. Any deviation will be ceconciled with District by one of the following methods: (1) adjusting the projected/budgeted amounts for the next Fiscal Yeac's School Resoucce Officer contract; or (2) if the parties elect not to enter into another contract for the next Fiscal year, a direct payment of funds to the District, if the actual costs of the program were less than the projected costs pcogram; or a direct payment of funds to the City if the actual costs exceed the projected costs of the program. Regardless of such tcue up process, in no event shall the contract amount exceed $5,264,853.82. 4. TERMINATION. 4.1 CCPD Funds This Agreement is wholly conditioned upon the actual ceceipt by City of Program Funds fi•om the Crime Control and Prevention Disti•ict (CCPD). In the event that funds fi•om the CCPD are not timely received, in whole or in part, City may, at its sole discretion, terminate this Agreement 1 Fiscal Year shall be defined as: the twelve-month period beginning October 1 and ending September 30, or such alternate twelve-month period as approved in writing by the City. FWISD & CFW FY 2024 SRO Interlocal Agreement Page 3 of 15 DocuSign Envelope ID: 534C6034-D387-411 F-A281-8F8054FC37F0 4.2 Convenience. Either Party may terminate this Agreement at any time and for any reason by providing the other Party with thii�ty (30) days' written notice of termination. 4.3 Non-appropriation of Funds. In the event no funds or insufficient fimds are appropriated by either the City or the District in any fiscal period to fund the SRO Program, that Party will notify the othec Party of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to that Party of any lcind whatsoever. 4.4 Duties and Obligations of the Parties. In the event that this Agreement is teiminated prior to the Expiration Date, the District shall pay City for services actually cendered up to the effective date of termination and City shall continue to provide the District with services requested by the District and in accordance with this Agreement up to the effective date of termination. Within thirty (30) days after the effective date of such termination, City shall forward to District a final invoice for the appropriately prorated unpaid balance due on the Agreement Amount for services rendered and District shall remit payment in full within thirty (30) days after the date of such invoice. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 5.1 Disclosure of Conflicts. Both Parties hereby warrant to the other Party that they have made fiill disclosure in writing of any existing or potential conflicts of interest related to services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, the Parties hereby agree immediately to malce full disclosure to the other Party in writing. 5.2 Confidential Infoi•mation. The Parties, each for itself and its officers, agents and employees, agree that they shall treat all information provided to it by the other Party as confdential and to the extent allowed by law shall not disclose any such information to a third pai�ty without the prior written approval of the other Party. 5.3 Unauthorized Access. The Parties shall store and maintain City and District Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise cocrupt City oc District Infoi•mation in any way. The Parties shall notify the other Party immediately if the security or integrity of any City or District information FWISD & CFW FY 2024 SRO [nterlocal Ag�•eement Page 4 of 15 DocuSign Envelope ID: 534C6034-D387-411F-A281-SF8054FC37F0 has been compromised or is believed to have been compcomised, in which event, the Party shall, in good faith, use all commercially reasonable efforts to cooperate with the other Party in identifying what infoi•mation has been accessed, modiiied, deleted or othet�wise corcupted by unauthorized means and shall fully cooperate with the othec Pacty to protect such information fi•om fut�ther unauthorized tampering. 5.4 Federal La�v I;nforcement Database Access. If Disti•ict, or any District Pecsonnel, has access to any federal law enforcement database or any f'ederal criminal history record information system, including but not limited to Fingerprint Identification Recoi•ds System ("FIRS"), Interstate Identification Index System ("III System"), National Crime Information Centec ("NCIC") or National Fingecprint File ("NFF"), that is governed by and/or defined in Title 28, Code of Federal Regulations Part 20 ("CFR Part 20"), for the purpose of pcoviding services foc the administration of criminal justice as defined therein on behalf of the City undec this Agreement, District shall comply with the Cciminal Justice Information Services Security Policy and CFR Pact 20, and shall separately execute the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum. 6. RIGHT TO AUDIT. Each Pat�ty agcees that the other Party shall, until the expiration of thcee (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the cight to exacnine at reasonable times any directly pertinent boolcs, docwnents, papers and records of the othec Party involving transactions relating to this Agreement at no additional cost to the Pa��ty. Each Pacty agrees that the other Party shall have access dut�ing normal worlcing hours to all necessaiy Distcict facilities and shall be provided adequate and appropriate worlc space in order to conduct audits in compliance with the provisions of this section. The requesting Pac•ty shall give the other Pa��ty reasonable advance notice of intended audits. Section 6 shall survive the termination or expiration of this A�reement. 7. IND�P�ND�NT CONTRACTOR. District shall operate hereunder as an independent contractor and not as an officer, agent, secvant or employee of City. City shall operate hereunder as in independent contcactor and not as an officer, agent, servant, oc employee of the District. City shall be solely responsible for the acts and omissions of its officers, members, agents, se�vants, and employees. District shall be solely cesponsible foc the acts and omissions of its officecs, members, agents, servants, and employees. Neither City nor Distcict shall be responsible under the Doctrine of Respondent Supecioc foc the acts and omissions of the officers, members, agents, secvants, oc employees of the other. Nothing in this Agreement shall waive any statutory or common-law immunity or defense of City or District. FWISD & CFW FY 2024 SRO Interlocal Agreement Page 5 of 15 DocuSign Envelope ID: 534C6034-D387-411F-A289-SF8a54FC37F0 8. PROP�RTY LOSS. The Pacties shall in no way nor under any circumstances be responsible for any propei-ty belonging to the othec Pai�ty, its officei•s, members, agents, employees, subcontcactoi•s, progi•am pai�ticipants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged. 9. PROVISIONS RCGARDING AG�. City and Distcict covenant that neither it nor any of its officers, members, agents, employees, progcam pacticipants, or subcontractors, while engaged in the performance of this Agreement shall, in connection with the employment, advancement, or discharge of employees, or in connection with the tec•ms, conditions or privileges of their employment, discciminate against pecsons because of their age, except on the basis of a bona fide occupational qualification, retirement plan, or statutory requirement. 10. LIABILITY/IND�MNIFICATION. "TO THE EXTENT PERMITTED BY LAW, AND WITHOUT THE WAIVER OF ANY IMMUINITY OR DEFENSE, EACH PARTY SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY ICIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF ITS OWN OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. Section 10 shall survive the termination or exniration of this Agreement. 11. NON-DISCRIMINATION COV�NANT. Each Party, for itself, its personal cepcesentatives, assigns, subcontractocs and successors in intecest, as part of the considecation hecein, agi•ees that in the perfoimance of its duties and obligations heceundec, shall not discriminate in the treatment or employment of any individual or group of individuals on any basis pi•ohibited by law. Section 11 shall survive the termination or exniration of this A�reement. 12. NOTICCS. Notices cequii•ed pui•suant to the provisions of this Agceement shall be conclusively determined to have been delivered when (l) hand-delivered to the other Party, c/o the designated FWISD & CFW FY 2024 SRO Interlocal Agreement Page G of 15 DocuSign Envelope ID: 534C6034-D387-411F-A2B1-8F8054FC37F0 pecson listed below; oc (2) ceceived by the other Party by United States Mail, r•egisteced, retucn ceceipt requested, addressed as follows: Citv of Fort Worth Attn: Fernando Costa Assistant City Managec 200 Texas St��eet Fort Worth, Texas 76102-6311 With Copy to the City Attorney at same address 13. GOVERNMENTAL POWERS/IMMUNITIES. FWISD Attn: Angelica M. Ramsey Superintendent 7060 Camp Bowie Blvd. Foi�t Worth, Texas 76116 With Copy to DistricYs Genecal Counsel at same addcess It is understood and agreed that by execution of this Agreement, the Pa��ties do not waive or surrendec any of their govecnmental powers oc immunities. 14. NO WAIVER. The failure of the City or District to insist upon the perfocmance of any term or• provision of this Agreement oc to exercise any right granted herein shall not constitute a waiver of the City's or District's respective right to insist upon appropriate performance oc to assert any such right on any futuce occasion. 15. GOVERNING LAW / VENUE. This Agceement shall be constcued in accocdance with the laws of the State of Texas. If any action, whether ceal oc asserted, at law or in equity, is brought pucsuant to this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court f'oc the Nocthern Distcict of Texas, Foct Worth Division. 16. SEVERABILITY. If any pcovision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining pcovisions shall not in any way be affected or impaired. 17. FORCE MAJEURE. City and Distcict shall execcise their best efforts to meet theic respective duties and obligations as set forth in this Agreement, but shall not be held liable f'or any delay or omission in perf'ocmance due to f'orce majeure oc other causes beyond their reasonable contcol, including, but not limited to, FWISD & CFW FY 2024 SRO Interlocal Agreement Page 7 of I S DocuSign Envelope ID: 534C6034-D387-411F-A2B1-8F8054FC37F0 compliance with any govecnment law, ordinance oc cegulation, acts of God, acts of the public enemy, fires, strilces, locicouts, natural disasters, wars, riots, epidemics or pandemics, material or labor restrictions by any governmental authority, tc•ansportation pc•oblems, restraints oc prohibitions by any coui�t, board, department, commission, or agency of the United States or of any States, civil distucbances, other national or cegional emergencies, and/or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose pecformance is af�fected (collectively "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Pai�ty provides notice of the Force Majeure Event, and an explanation as to how it hinders the pairty's pecformance, as soon as reasonably possible, after the occurrence of the Focce Majeure Event. The f'orm of notice required by this section shall be the same as section 12 above. 18. Prohibition on BoycottingEner�v Companies City acicnowledges that in accordance with Chaptec 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the District is prohibited fcom entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly fcom public funds of the Distcict with a company with 10 or moi•e full-time employees unless the contcact contains a written verification fi•om the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Gove�nment Code, as added by Acts 2021, 87th Leg., R.S., S.B. l 3, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, City cei�tifies that City's signatuce pt�ovides written verification to the District that City: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 19. _Prohibition on Discrimination A�ainst Firearm and Ammunition Industries City lcnowledges that except as othei�vise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the District is prohibited fcom entering into a contract f'or goods or services that has a value of $100,000 or more that is to be paid wholly or partly fi�om public f'unds of the District with a company with l0 or more full-time employees unless the contract contains a written verification fi�om the company that it: (1) does not have a pi•actice, policy, guidance, or directive that discriminates against a ficearm entity or fireacm trade association; and (2) will not discriminate ducing the term of the conti•act against a fireai•m entity or iirearm trade association. The tecros "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chaptec 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, City certi�es that City's signature pcovides written verification to the District that City: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or fireacm trade association; and (2) will not discriminate against a firearm entity oc firearm trade association during the teim of this Agreement. FWISD & CFW FY 2024 SRO Interlocal Agreement Page 8 of 15 DocuSign Envelope ID: 534C6034-D387-411 F-A281-8F8054FC37F0 20. H�ADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement, and are not intended to define oc limit the scope of any provision of this Agreement. 2l. APPROVAL OF AGR�CM�NT. The governing bodies of City and District have approved the execution of this Agreement, and the pei•sons signing the Agreement have been duly authoi•ized by the governing bodies of the City and District to sign this Agreement on behalf of the governing bodies. 22. RCVICW OF COUNS�L. The Parties acknowledge that each Party and its counsel have reviewed and cevised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting Party shall not be employed in the interpretation of this Agreement or exhibits hereto. 23. AM�NDM�NTS. No amendment of this Agceement shall be binding upon a Pat•ty heceto unless such amendment is set foi•th in a written instrument, which is executed by an authorized repi•esentative of each Paity. 24. �NTIRCTY OF AGRCCMCNT. This Agreement, including Exhibits A and B, contains the entire undeistanding and agi•eement between the City and District, theii• assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent it conflicts with any provision of this Agreement. 25. COUNTCRPARTS. This Agreement may be executed in one oc more counterparts and each counterpact shall, for all pwposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. FWISD & CFW FY 2024 SRO Interlocal Agreement Page 9 of 15 DocuSign EnvelopelD:534C6034-D387-411F-A2B1-SF8054FC37F0 2G. BODY WORN CAM�RAS. City and District agree that any use of body-worn camecas by FWPD officecs will be subject to and in compliance with state law and local cegulations regacding the use and opecation of body-worn cameras (BWC). City shall use its best efforts to notify the Distcict at least two (2) weelcs befoce its SRO Program officers assigned to the District are to begin use of BWCs, and will provide written information and training to the principal and assistant principals of the schools to which the officers ace assigned, on the objectives and procedures for the use of BWCs. Eveiy SRO Program officer equipped with a BWC shall be trained in the operation of the equipment pcior to its use. When utilizing BWCs, the SRO Program Officers shall adhere to the objectives and procedures outlined in this Agreement and the Foct Worth Police Department General Ordecs so as to maximize the effectiveness of the BWC and the integrity of the video documentation. City may , if not otherwise prohibited by law, pcovide to the Distcict copies of any such filming of students, pacents, employees, or othecs upon school propei�ty, upon request for such copies by the District, as an intergovernmental transfer. In the event the City believes the pcoviding of a copy of such videos would be pcohibited, City agrees to utilize its best ef'focts to facilitate the availability of the officei• who made the video to testify, upon ►•equest by the District, in any school disciplina�y heai•ing concei•ning the officei•'s lcnowledge of the facts and circumstances of the incident which was videoed. The Parties also agree that any such film or video talcen by, and lcept in the possession of, the City's officers may be considered "law enforcement cecocds" undec the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. sec. 1232g and 34 C.F.R. Sec. 99.8, and that any copy of such film or video, if permitted by law to be provided to the Distcict, may then become an educational record of the District under FERPA. In the event the District determines that such educational cecocd is cequired to be celeased to the public or to a parent oc a student under FERPA, the District agrees, pcior to release of such records, to provide the City advanced written notice sufficient foc the City to determine if a protective order or other injunctive relief may be cequired to protect the confidentiality of the record. [TH� R�ST OF THIS PAG� INTENTIONALLY L�FT BLANK] FWISD & CFW FY 2024 SRO Interlocal Agreement Page 10 of 15 OocuSign Envelope ID: 534C6034-O387-411 F-A2B1-8F8054FC37F0 APPROVED AND AGREED FOR CITY OF FORT WORTH Y:-,,,,..t.C.._ Fernando Costa Assistant City Manager Date: Dec 29, 2023 APPROVAL RECOMMENDED Ro�eJr. (Dec 29, 2023 09:11 CST) Robert A. Alldredge, Jr. Executive Assistant Chief APPROVED AS TO FORM AND LEGALITY FOR CITY OF FORT WORTH �� Taylor Paris Assistant City Attorney By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. UCleand (Dec 28, 202317:46 CST) Kelly Cleveland Sr. Contract Compliance Specialist ATTEST rA� Jannette Goodall City Secretary Date: 9/12/2023 M&C No. 23-726 Form 1295 Certification No: NOT REQUIRED FWISD & CFW FY 2024 SRO Interlocal Agreement ATTEST APPROVED AND AGREED FOR FWISD Dr. Angelica M. Ramsey Superintendent Dr. Camille Rodriquez Board President 12/13/2023 APPROVED AS TO FORM AND LEGALITY FOR FWISD Page I l of 15 EXHIBIT A SCOPE OF SERVICES 1. City, through the commander of the SRO Program, shall assign FWPD officers to specific schools within the District to provide school security and officers shall worlc directly with the District's school principals. 2. There shall be iifty (50) City police officers assigned to the District for the SRO Program. In addition, there shall be a command staff comprised of two: (2) detective; five (5) sergeants; two (2) relief police officeis; and one (1) lieutenant assigned to the SRO Program. The Lieutenant shall command the SRO Program. The District shall submit a written reguest for additional Police Officers to Cit� ten (10) months prior to the start of a new Fiscal year �the end of the month of December� 3. Assigned officers shall have the SRO Program as their primary duty, and will not be regularly assigned additional police duties. City reserves the right, however, to reassign any or all officers temporarily in the event of an emergency or when the City, in its sole discretion, deems necessary. 4. City shall coordinate assignment and duty hours with District. If necessary, to handle unplanned absences at schools, FWPD officers fi•om other units may be assigned temporarily to provide coverage. City shall not provide replacements for officers who are on leave due to an occupational injury. Replacement officers, when available, will be assigned to District when the assigned police officer's absence is for an extended period of time. The District shall not be charged for officers during the time that those officers are on leave due to an occupational injury. 5. City shall provide to the officers assigned to the SRO Program all the law enforcement training and certiftcation, vehicles, and police equipment, benefits, and insurance (including liability coverage) that are provided to all City's police officers. District shall provide any radio equipment necessary to allow the assigned officers to communicate with District staff. 6. The City shall maintain emergency response plans for every school within their jurisdiction. To the extent allowed under Texas law, these plans shall be kept confidential within the Foi�t Woi�th Police Depai�tment for security purposes, but meetings shall be held with authorized representatives of District to provide relevant inf'ormation and excerpts FWISD & CFW FY 2024 SRO Interlocal Agreement Page 12 of 15 from the plan necessary f'or implementation. City's Chief of Police shall designate a commander to be responsible for maintenance and dissemination of these plans. 7. All police personnel assigned to the SRO pcogram will remain subject to the rules and regulations applicable to all sworn personnel, including General Orders, Special Orders, Personnel Rules and Regulations, directives, and other applicable law. S. City undecstands and agrees that all School Resource Officecs undec this Agreement will be required to attend District sponsored training at the discretion of the District. The District agrees to facilitate the training and to coordinate with the City a training schedule and curriculum acceptable to both Parties. [THE REST OF THIS PAGE INTENTIONALLY LEFT BLANKJ FWISD & CFW FY 202a SRO Interlocal Agreement Page 13 of 15 EXHIBIT B PAYMENT SCHEDULE District will remit 11 payments at $438,737.82 per month within 30 days of receipt of an invoice from the City and the iinal payment of $ 438,737.80 The failure of District to pay an invoice within 30 days of ceceipt. $438,737.82 x 11 =$4,826,116.02 Final Payment $ 438,737.80 Total Payments $5,264,853.82 FWISD & CFW FY 2024 SRO Interlocal Agreement Page 14 of 15 �xhibit C Roles and Responsibilities for Officers SRO will collaborate with school administrators to establish and maintain a safe and secure learning environment. SRO will assist with conflict resolution efforts and build a positive rapport with students, parents, visitors and campus staff. SRO will conduct activities that will help to maintain order, by enforcing state laws and city ordinances. SRO will conduct foot patrols and monitoring of District campuses to deter criminal activity. SRO will work closely with school administration to develop and train school staff in responding to various crisis situations once approved by SRO's chain of command as well as the districts Safety & Security department. SRO may, when available, attend and participate in school events such as drills, assemblies, and other daytime school activities, as needed and requested by campus administration and approved by SRO's supervisor. SRO will assist campus administration in the removal of any unauthorized persons on the campus during their shift. SRO will assist school administration with campus security and safety concerns. SRO will consult with the campus threat assessment team created by Senate Bill 11 for the purposes of assessing risks and threats in school. SRO may assist with traffic on public and school property to ensure proper traffic flow around school campuses. FWISD & CFW FY 2024 SRO Interlocal Agreement Page 15 of 15 City of Fort Worth, Mayor and Texas Council Communication DATE: 09/12/23 M&C FILE NUMBER: M&C 23-0726 LOG NAME: 35SCHOOL RESOURCE OFFICER PROGRAM FY24 SUBJECT (ALL) Authorize Execution of Agreements with Fort Worth, Keller, Eagle Mountain Saginaw, and Northwest Independent School Districts, as Well as Lena Pope Home, Inc., to Operate the School Resource Officer Program, for Fiscal Year 2024 in the Total Amount of $7,769,793.99 as Funded by the Crime Control & Prevention District RECOMMENDATION: It is recommended that the City Council authorize the execution of the School Resource Officer Program agreements with the Fort Worth, Keller, and Northwest Independent School Districts, as well as Lena Pope Home, Inc., to operate the School Resource Officer Program for Fiscal Year 2024 in the total amount of $7,769,793.99. DISCUSSION: The Fort Worth Potice Department (FWPD) and area independent school districts (ISDs) work together to provide youth with a safe educational environment by providing FWPD officers at schoots within the City limits of Fort Worth. Under the School Resource Officer Program, operational costs, equipment funds, and personnel costs are provided through the Crime Control & Prevention District (CCPD) budget, which is then reimbursed pursuant to the terms of the agreements with each school district and the Lena Pope Home, Inc. For Fiscal Year (FY) 2024, a total of 83 officers are assigned to the School Resource Officer Program with a total budget of $11,333,606.00, of which $7,769,793.99 will be allocated for the School Resource Officer Program Agreements with the school districts and Lena Pope Home, Inc. The participating school districts, and Lena Pope Home Inc., reimburse CCPD for 50 percent of operating and personnel costs for 72 of the 83 positions. Keller ISD will have one mobile officer to rotate between schools specifically within the school district. Keller ISD will reimburse CCPD for 100 percent of the dedicated officer's costs. The remaining 10 supervisor and relief positions, consisting of two relief officers, two detectives, five sergeants, and one lieutenant, are reimbursed to CCPD at 100 percent. The reimbursement costs of the supervisor and relief positions are apportioned to each participant based on the number of officers assigned to each school district. Cost Category No. of Share of Cos ISD Participants Positions CCPD ISDs Operating and o o Fort Worth ISD, Keller Personnel Cost 72 50 /0 50 /o ISD, Northwest ISD, Lena Pope Home Cost for Mobile 1 100% Keller ISD Officer Cost for Supervisors o Fort Worth ISD, Keller and Relief Positions 10 100 /o ISD, Northwest ISD, Lena Pope Home Total Number of 83 Positions At the end of each full fiscal year, FWPD stafF reconciles the actual cost of the prior year's program with the budgeted costs. In past years, the actual costs have exceeded the budgeted costs. This resulted in the schools paying for the additional cost of the prior year's program in the upcoming program year. However, in FY2020 and FY2021, the actual costs of the program were less than the budgeted costs due to COVID-19. Since the schools made payments based on the original budgeted costs, this resulted in the schools underpaying for services in FY2022, and the amounts will need to be added to the FY2024 plan. During the term of these contracts, from October 1, 2023, through September 30, 2024, each participant will have a set number of officers assigned to them as shown in the following table. Payments from the participating school districts and the Lena Pope Home shall be rendered to the City on a monthly basis and deposited into a CCPD account. The total expected reimbursement amount is $7,769,793.99. No. FY24 Plan Payback Adjusted FY24 ISD Officers Amount Amountfrom Plan Amount Assigned FY22 Plan Fort Worth 50 $5,175,535.3 $89,318.47 $5,264,853.82 ISD KellerlSD 12 $1,319,385.63 $11,288.59 $1,330,674.22 Northwest 10 $1,035,107.07 $16,239.72 $1,051,346.7 ISD Lena Pope � $103,510.71 $2,029.97 $105,540.68 Home Inc. SDe Worth 0 $0 $2,029.96 $2,029.96 Eagle Mountain 0 $0 $15,348.52 $15,348.52 Saginaw ISD Total 73 $7,633,538.76 $136,255.23 $7,769,793.99 * The 10 Supervisors and Relief Positions are being reimbursed at 100% and included in the numbers. Business Equity: Purchase of Goods and Services Procured Through Other Governmental Agencies are not subject to a Business Equity Goal. FISCAL INFORMATION I CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation and adoption of the Fiscal Year 2024 Budget by the City Council, funds will be available in the Fiscal Year 2024 operating budget, as appropriated, in the Crime Control & Prev Distr Fund. The Police Department (and Financial Management Services) is responsible for the collection and deposit of funds due to the City. Prior to an expenditure being incurred, the Police Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office b� Femando Costa 6122 Originatina Business Unit Head: Neil Noakes 4212 Additional Information Contact: Neil Noakes 4212