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HomeMy WebLinkAboutContract 62125CSC No. 62125 INTERLOCAL AGREEMENT FOIL THE SCHOOL RESOURCE OFFICER PROGRAM. NORTHWEST INDEPENDENT :SCHO.OL.DISTRICT This.4gr"nlent ("Agreement".) is made and entered into between the City of Fort W6rth, a liorfie rule municipal corporation of the -State of Texas ("Q1ty")i and the Nprthlyest Independent School Dist0d ("NISD"'or 0EIistricf% a political subdivision in the State of Texas located. in Tarrant COunty and a legally -constituted independent school -disirict ("District" ,. acting by. and through -its.Board'of Trustees--. RECITALS. WHEREAS, this Agreement is made under-the--.authori-.ty granted to the. City 8110 the District. pursuant to. the 'Texas Government Code, Chapter- 791, ..knoVY14 as the INTERLOCAL COOPERATION ACT; WHEREAS, the citizens of Fort Worth and the City Council have deten-nined that the security of students is.paramount; WHEREAS, District wishes to' participate in the, School Resource Officer Program ("MO Program") .through which ch City proVi&s school security -assistance to. participating school districts: With facilities within. the City"s -territorial .1 imitsusi rig- City's police officers-, and WHEP,EAS,.City will -receive funds through.tli­e Fort Worth Crime Control and Prevention District (`CCPD.'-)'tQ assist in. funding City':s-pprtion of the.S.RQ Program costs.. NOW, THEREFORE, 1 zonsideration of the mutual covenants, promises and agreeinents* .W . in herein expressed, the PArfi.ps agree as follows: AGREEMENT DOCUMENTS:' The Agreement db6drri6nts 9l)-all.iobftide.-ft fbllowing: -L This. Agreement for the - SRO P . togyam OFFICIAL RECORD 2, Exhibit A — Scope of Services CITY SECRETARY 3. Exhibit B — Payment .Schedule FT. WORTH, TX 4. Exhibit C -Roles and. Responsibilities for. Officers. Exhibits A and B, atta.chedhereto..aro, incorporated hefc4i*arid made a part of this. Agreement for ali purp.qses... In the event of a6y conflict between the tehnsand conditions of Exhibits A and. B and the. Nofthwest& QFW Fy 2025.SRO Agreement Page I of 15 terms and .conditions - set forth in the b6dy'of this-A:greelnent, the.tdrmn and conditions set forth in the body of this Inferlocal Agreement shall control. The term. "District" -shall.. include the District, and its officers; agents, employees, representatives, servants, coritr#foFs or subcontractors. The term "City" shall include its- officers.,..employees, agents; and.representatives. The term .'Tarty" shall refer to either the. City or. the District. The:term "Parties" shall refer to Both. tk City and the District, 1. .SCOPE OF-SRRVICES. City hereby agrees to provide the .District. with school .security services:.for the purpose of creating:a safe -educational environment, in partnership with. the District: The City will provide Fart WcSrth-.Policebepartment(.".FWPDI:officers at District schools within the territorial limits .off -bit Worth. The District covenants -.and agrees io fully cooperate with the City p the hnplemeptation of 111e..8RO Program. Attached hereto and.Incorporated for a11:purposes irioident.to .this Agreement is "Exhibit A," -Scope of Services, more specifically describingthe services to be-provided.hereunder. 2: TERM:. This Agreement shall cbmrnence on October 1, 2024 ("Effective Date" "}-and.shall coritinue in full force and effect until September 30, �2Q2:5, unless terminated earlier hi accordance with the provisions. of this Agreement. 3. CONSIDERATION: The. District..shall pay City $1,112,513.87 (the "Agreement -amount") in accordance with the. provisions -of. -this Agreement:and-the Payment Schedule 4tt4ched:a5"EXhibit.B.":Such, Agreement ainountigbased upon fixed expenditures for personnel and operating costs for police officers: assigned to the SRO Program, The District will be required to have at least :one officer. assigned pei 1,SQQ students in any school that an officer is assigned. Tlie. Agreement. amount represents 50% i f all personnel -Ani operating: -posts. incurred. by the City. for the ten.(10) police officers assigned to the District, The District will. be ..required to . accept the . as6gtimeht -of additional police officers to_ accommodate the proper ratio between 'student .body. -and oh -campus police officers:. If additional officers are required pursuant-W this 9ec66i , the .D:istriot shall'pay. City aft -additiorial:$165,637.64 ani.ually.per additiioi l offf6er: The Agreement amount is a.projected figure: based. upon estimated NbhhwesM CIiW I�Y 2025 SKO Agreement .Page2'of B c :f program h costs or the , Yk r. an! s p . gram for -the coming. City Fisq4j .-a - 1 The A-&eeitteht ' oun.t.-.91 o Includes- -the .6tstrief I's proportion at share of the -'pefs-onnel fmining-AAd operating costs of the FWPD command staffthat oversee the 8RO Ptogram''.. The -ciornmand'staff costs.are sh6ted by all participaiing. scho.ol -districts; and .the participating schbol-distri&tspay proportional costs -.based on .the number of SRO -Program officers ag'sigtfed.Jo. eEfch.-pait.i*cip*.ating...-scii0o.l.disirl.'ct. The qo . mm 4tid staff includes two. (2) deteotivesi, six (6) -8etgeanw,:twq (2). relief pollbP-officers, and one (1) lieutenant assigned to the .S RO.Prqguarn. In addition, -the Agreernentamount includes the. District's ptopottional share of the adibirfis.tratiVe-opera:ting-f66s.,of SRO -assigned pixtrol. vehicles. In the A. position is -unfilled (for example; due to awoccupatio pal injury, transf6r., or tgxminvitiori), the Agrecinent-Anioifilt.-*shall-not-.be reduced or amended die to:sudh absence unless the -position is unfilfed-for 15 cumulative- days h! asix=month'pdriod, and In that case,. the-Ei.istrict will ii6t be charged the personnel bosts-for. the -unfilled. position %rjhe. total number of -unfilled days.. It is understop.d• and agreed that District. sball reiniffunds to the City within'thifty (30.) a4lpndaf :days .following receipt -of'an Official invoice.* Invoices shall be _provided by -City td.,Mtrict on a .rnonthly basis,. In connection with the City's annual budget process, folloWink. the &ftd of:each Fisca!'Ydar; funding shall be subject. to a "tru.e - up" process in 'accordance with this pAt.agr2iph.'T1h6. City .shall - compare the-ac.tualcosts-of the prior Fiscal Year'-s- program. with the-p ' febted/budgeted amount for r0j. the c urient. Fi sealYciar and.ca I iu late any deviation between the -two. 'hii-City -shall notify the District .o. T. of §uch., deviation on or before .the ninetieth (90") day:ofthe: new Fiscal year. Any deviation will be reconciled With District by. .one .of the following .methods: (f) adjusting the prqjqqtQ4/budgeted amounts for the next Fiscal Year'sSehool.'Re'gource-Officer contract; or if the parties elect.not-to. enter into anothdrcobfratt for -the next Fiscal year; a dirpcit payment. of finds- to the: District, if tlie: actual costs of the..pfog.ram were legs -than fhr,..prqjwted -Postsprogram;..or-a direct-payment.pf funds, to the. City if thie..actual costs exceed* the projected costs of the -program. 4. TERMINATION. 43 CCPD Funds This Agreement is wholly .conditioned. upon ffip:,actual receipt .by City .of Program.. .Funds. -from the CCPD. In. the event-1hat firids- from the tC.P.1) are not timelyreceived,in whole of.in part, City may, at its sole discretion, terminate this A reement.and*Cfty. shall not. ..Qt be liable-:.fbr payment for atiy,work or services performed by -District under o.r"in-connection with- this Agreement. Fiscal Ytar.shall.166 defln*td as: the twelve-month.oeridd.begi'hnl'ng*October f. and. ending September 30,. or such alt6rnatb:'twelVe-mo4th.petiod:a5 approved -in welting'bythe-CltV, MorthWest & CFW FY 2025 SRO Ageernmt Pa.ge.3 of IS 472 -Convenience. The City may terminate this Agr'ceiliolit at any time and.for. any reason by providing the other Party with '30.days' written notice of tormiftation. 4.3 No!! -of 'Funds. .In the -event no funds s or. insufficient . nsufficient fund . s are appropriated by the City in .any fiscal pai6d to fund the *SRO Pmgranz, City.will notify District. of such.occurrence and. this Agreement shall. Wrminate.()n the last -day -of the .fiscal period for which appropriations were received -"'r. ith6utp-enaltj. or expease.to the. City of ahy- Icin'd whatsoever. 4A buties.and Obli-Qation'g of the Parties. In the event.that this Agreement isteirii.ii.atedprior to -.the Expiration Date, the.Districi .'shall. pay -City for.:servi-ce.s actually rendered tip to the effective date of terniin4tiojiand City shall continue to provide the Districtwith serviqesxequested lay !he.Distric - t. And in accordance with this Agreement up to file. dffective:datc bftenninaflon. Within th.i.rty (30) days after the effective date of such :termination, City :shall 'forward to D-1 gtdct a:* final invoice .for 'the :4ppyopriately prorated uripaid• balance, due on the Agreement Amount f6r services rendered abd District shall remit paymentin full within thirty (30) daysafterthe date of such invoke. 5. EACH PARTVS PAYMENTS Eitch Party. poyirig f6r the performance. of govemniefitat ftiftctions. or.. services .must. make those payibents-front Odtrent revenues available to thapaying'Party. 6. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.. 6.1 Disclosure of Conflicts: .Distfict.'ber(eby warrants to the City that District has itade full- disclosure. in writing. of any existing or.potential conflicts of int6rest.related to services. under this Agreement, In the.eyoiit that any conflicts of interest arise after the .Effective :Date of this Agreement, District hereby agrees immediately to make full disclosure to the City in writing. 6.2 Conf idential Information. Each Party, for itself and its. -officers, agents and employees, agrees that. it shall treat all information provided to it by the other Party as confidential and shall not disclose ally such informationto. a third party without the p..iior writtenapproVal. of the other Patty, 'Noillmeft & CFW FY;2025 SRO Agrdefboht -Page 4 of 1.5 6-3. Unauthorized Acc&ss. Each Patty shall'stoke and maintain the other Party's Information,in a.secqre manner and.sball not allow unauthorized-u8ers.t6 aqceOsnodify; delete or otherwise:corrup - �the Ether P"arty'.s- Information- in -any -way. Each Patty shall no*tify the.-other-Part-Ommediately if the security or ffitegfity of the other ParW s1iiformation has been. compromised or -is believed to have bedn compromisedi In which event., the: Party- shall, in good' faith, use all comifiercially reasonable efforts. to -cooperate with the other: Party in identifying- what inforrriatioh- has. been acc6sSed...modiff&d, del*eted:.or--otherwi.sq corrupted by unauthorized -iiieAns'and8hall fully cooperate.-Withthe other Party to-gtotecuWh hiformation. from further -unauthorized tampering. .664 Federal Law- Enforcement Database; Access.. If District; -or any. District Personnel_, has access to any federal law enforcement database or any federal.criminal history record., informatiqn system, iiicludihg.b4f not limited to. 'Fingerpfint 'Identification 'Records Syst6m CFlRS'), Ifit0stAte Identification Index $ystem. (411 S t M5P ") National bf ' National Cr ' ime ftiforination. Center (NCIC .Vingerp i)t File C'NFF" is goyerned by and/of defined in Tit:16 28-, Code offederf(I Regulations. Part 20 ("CFR 'Part 20'"), far the purpose .of providing services for ihe- admdhistration *of criminal justice: as defined therein bn- behalf -of the. City -under. this Agreement, District. -shalt -cornply-with the Criminal. Justice Information Serrvices &curity. - Pblicy* and. CFR -Part 2.0, and shall sepiar;Relybxecute the'Federal Bureau .of Investigation Jugfice Information. Services Security Addendum. -6.5 Farhily EucationAl Pijahts and Privacy Act. Notwithstanding any contrary ty .yptoi.,igioniti-thisAgr��e-ment,the.C.i willcomplywith .appli,cable federal (including, but not limited to, theTamily Baitcatibnal Rights'anid Privacy, Act), -qtate.and local laws in firoviding the -:services contemplated herein. 7.' RIGHT .TO AUDIT. Districtagrees that the City shalt, until -the expRratiorf of three years -after final payment under fli . is Agreement, or the final conclusion of any audit pommepqqjd during the- said three years, have. access to and. the right to examine at reasonable times. any. -directly pertinent books, documents, pApers-,4ndxedor8softhe District -Involving triansactiohs re1At1!ig.tQ ihis A- gree.ment at no additional cost-torthe City..* District-. agrees that -the City shall have access -during normal working hbuts.'to -all. necessary-Districtf.a6ifities and shall be provided adequate -and apprQp4ate work -space in order -to Northwest & CFW FY *2025'SRQ Agreement Page 5 of 15 conduct. audits in: compliance with the proVisiohi of -this section. The City shall give District reasonable advance notice. of intended audits. Section 7 shall survive the termination or ex0ra#ion of this Agreement., $: INDEPENDENT CONTRACTOR.. District -shall operate hereuridet'as ail independent contractor aijd.no#: as. an officer, agent, servant or employee of City. City shall operate.hereun&nas-in independent. contractor and.not as.an officer, agent,'servant; or employee of.the District. City shall be solely responsible.forthe .acts and. oknlgssiong 'of its .officers, nierribers;. agents, servants, -and employees.: District shall .be: solely :responsible for the. -acts and omissions of its. -officers;. memberg, agents; Servants, apd. employees. Neither City.itor Distriet.shall -be responsible under the .Doctrine of Respondent -Superior for the acts and -bmissiotis,of-the.officers, members,,agents;:servants, or -employees of the other. Nothing.in this Agreement shall waive any statutory or common -law -immunity -or defense of City. r-District... 9. PROPERTY LOSS. City shall in no way nor under ahy citcurhstances be responsible fof any -property heloitging to .District; its officers, rnernbers,. agerits,'employees; subcontractors; program participants; licensees. or invitees, which maybe.lost,, stolen, destroyed'ot'in anyway damaged. PROVISIONS REGARDING AGE. City -and District covenantthat.neither. itnbr"any of its -officers, members, agents, employees;. program participants, or subcoittractots, while :engaged in -the performance of this. Agreement shall,. in conne Aion-witli the. employment, advancement, or discharge of employees, Win connection with the. -.privileges. of their.employment, discriminate.against persons because of their age, except on the `basis: of a bona fide occupational qualification, retirement plan, br statutory requirement. U. LIABILITY/INDEMNIFICATION WITHOUT WAIVING -ITS IMWNITIFS; .DISTRICT- SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS;. PROPERTY DAMAGE AND/OR PERS. P+lAY;'INJURY, INCLUDING- DEATH, TO ANY AND ALL 'PERSONS, *OF ANV' IQND OR CHARACTER,. WHETHER REAL OR ASSERTED; T0 THE :EXTENT CAUSED BY THE NEGLIGENT ,A.CT(S). OR OMISSION(S), MALFEASANCE 'OR INTENTIONAL MISCONDUCT OF DISTRICT; ITS OFFICERS, -AGENTS; SERVANTS OWEMPLOYEES, AS ALLOWED BY LAW. TO THE EXTENT ALLOWED BY TEXAS LAW AND. WITHOUT WAIVING DIST•RICT'S. IMMUNITI>EaS. DISTRICT : AGREES' TO DEFEND; INDEMNIF ' Noifhwest & CFW FY ?025. SRO Agreement Page 6 of 1.5 AND HOLD THE CITY, ITS OFFICERS, AGENTS,_ SERVANTS; AND EMKOYEES HARMLESS- AGAINST ANY A . N . D. ALL CLAJM9.,.LAW SUITS; ACTIONS- CQSTS,� AND EXPENSES OF ANY. -KIND, INCLUDING, BUT NOT LIMITEI TO,. THO . 9E FOR PRO]PERTY DAMAGE . ORLOSS (INCLVDING A ' LLEG.ED DAMAGE OR L05S'TO-OWNER'S BUSINESS AND ANY RESULTING- LOST PROFITS) ANWOR PERSONAL INJURY (INCLUDING. DEATH) THAT MAY RELATE TQ- ARISE OUT OK OR. BE OCCASIONED ]V (I) DISTRICT'S BREACH OF ANY' OF THE TERMS (jR-P*RdVi$TON*S OYTHISAGREEMENT 04 (11) ANY' NEGLIGENTi ACTOR -OMISSION OR INTENTIONAL MISCONDUCT OF - DISTRICT3 ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS - (OTHER THAN THE•CITY),OR SUBCONTRACTORS -RELATED TO -THE PERFORMANCE OF THIS AGREEMENT;. EXCEPT THAT HAT .THE THEINDEMNITY PROVIDED'FOR-. IN THIS - SECTION SHALL NOT APPLY TO ANY LIABILITY* RESULTING FROM THE -SOLE NEGLIGENCE* OF THE CITY.-OR:IT9. OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE. CONTRACTORS, AND IN THE EVENT OF.40INT AND -CONCURRENT NEGLIGENCE OF BOTH DISTRICT AND CITYi RESPONSIBILITY, IF AA,- SHALL BE APPORTIONED COMPARATIVELY IN AC CORDANCE WITH THE LAWS OF THE STATE OF. TEXAS. NOTHING HEREIN SHALL BE CONSTRUERAS AWAIVEROF THE (OVS OR: THE DISTRICT'S GOVERNMENTAL IMMUNITY AS .FURTHER PROVIDED BY THE LAWS -OF TEXAS:. Section 11. shall survive the tei-Miniation..or etbikation of this: Aereement'. 0. NON: -DISCRIMINATION COVENANT., DisPid, for itself, its personal representatives,. assigns, subcontractors. and successors in interest, as part of the consideration herein,, agrees that in ih-c..p6rf6rmance-of 'D.istr-iqi?s duti'es :and. qblig4tiofts- hdreuf1der, it shall not discriminate in the ffeaUnent-or employment of any individual -or group of individuals -on any basis profiibited by taw, 1-f-miy.0airn arises:*tiom an alle�gqd violation of this. non" -disr, fimffidtion -covenant by D istript,'its personal representatives, assigns, subcontractors or. successors ih interest, District agrees, to assume such liability and. to "indemnify and .defend the City. Arfd hold the-Cityharmless from such olaim; to the exiept:a1lowed.b.y-T.exas. law -and without.waivi n**g the District's immunities. *Section 12 shall survive the termination or,exniration of this AdUceffiefit. 13. NOTICES. N6ticeq. requited -pursuant to `the provisions- of -this Agreement -shall be. conclusively determined to have been Aelivetedwhen (1):hand-delivered to- the other -Party; -c/o the: degignded person. listdd below;. or received, by the- -oiher Party by United States Maiii, . registerdd;. return rdceipt:requdsted addressed -as. follows: Northweist & CFW FY'2025 SRO Agreement Page 7 of 15 City of .Fort Worth Attn: William Johnson Assistant City Manager �100 Fort Worth Trail Fort Worth, Texas. 76 ] 02 NISD Attn: Dr. Mark Foust Superintendent 2001 Texan Drive' Justin, Texas 76247 With: Copy to the City-AttQrney With Copy to the District's General At-saine.:addfess' Counsel.at same address 14. GOVERNMENTAL 'POWERS/IMMUNITIES.- It is, understood. and agreed'that by execution of this Agreement, the City and the District do. not waive or surrender any of their respective gaverninental;p Wers or immunities; 1-5. NO WAIVER.. The failure of the City or District to insist upon the -performance of any 'terrii or provision: of this Agreement or to exercise any right. granted herein. shall not constitute, a -waiver- of the CityVor. District's-respe.ctive--.riglit..to insist upon appropriate performance or .to- assert. any. such right. on an. future occasion, 1.6. GOVERNING LAW 1'VENUE.. This Agreement. shall be. construed in accordance with the.laws of'the:State*of Texas. If any action, whether real or asserted, at law orIff: equity,. is brought ptirsuant.to. this Agreement,, venue -for such action shall lie in state courts located iri Tarrant Cbrrnty,, Texas or the United -States- District Court for the. Northern.Distriet of Texas, .Fort Worth .Division. 17. SEVERA.1RILITY. If'any provis."ion-of this Agreement is.heid to be. invalid, illegal.or unenforceable; the.vklidity., legality -and en£oreeability.of.the..rem.aining provisigns-4hall not in'auy way -be affected or impaired. 18. FORCE MAJEURE. City and Distriet,shall exercise their best effoi`ts to meet their respective: duties and obligations as set forth in this Agreement, but -shall not beheld liable for any delay or omission .in performance: due 'w force rnajeure or other causes beyond their reasonable: control, .including,. but not limited to, compliance Oith any governrrient law, ordinancebt regulation, acts of:God, acts of -the public enemy, fires, strikes; lockouts,. natural. disasters, wars, riots; epideFnies. or pandemics,. material: or labor restrictions by any governmental authority; -transportation problems, restraints or prohibitions by any Northwest & Cl W FY 2025 SRO' Agreement Page S. of I court, board, *department, .corhmission, or' agency: of the Uiiited States or ,of any States, civil disturbances, other: national or regional emefgeticies,:'andlor a ny-other-.sitiilar cause :not enumerated herein buf which. isbeyond the 'reasonable control of. the Party whose. performance .is affected. (colleoti ely. "Force Majeiire Event"). "The performance of any such obligation ls :suspended, during, the period of,'and only to:the extent bf, si►ch .prevention or hindrance, provided the:affected Party provides notice of the..Force Majeure.Eveht; and an explanation as to how it. hinders the party's performance, As 'soon as teasoriably: possible; as- determined* in. the. City's discretion, after' the occurrence of the Force Majeure Event. '1'he form. of notice required by this section shall be the same. as section 13 above. 0. HEADINGS NOT CONTROLLING. Headings: and titles used in .this Agreemerit' are for reference purposes only, shalt not be deemed a part of this Agreement,. and, are -not intended .to -def rie or limit the scope of.any -provision of this Agreement. 20. APPROVAL -.OF AGREEMENT. The governing bodies of City: and District have approved the execution of this Agreement, and the persons.signing the Agreement liave.been dulyauthorized by the governing :bodies. vfthe City AMDistrictto sign this Agreement,on behalf:of the.governing bodies: 21. REVIEW OF COUNSEL The parties actmo -ledge that each Party and its counsel have reviewed and revised this Agreement and that the normal rules -of construction to.the effect.thai any ambiguities are. -to be resolved against the :drafting Party shall -not be employed: in the. hiterpretatiori of this Agreement- or exhibits .hereto. 2. AMENDMENTS. No amendment-ofthis Agreement.shail:be binding upon a Party hereto unless such amendment is set forth .in a writtem instrument, which is.executed by an authorized:.repwsentative.of each Party. `23. ENTIRETY OF AGREEMENT. 'This Agreement,. including Exhibits A and B; contains the entire. understanding: And agreement between:tlie City and.Uistriot, their -assigns and successors in interest; as to the matters contained herein. Any prior or contemporaneous oral of Written agreerriertt-is heirebydeclared null and void to. the extent it conflicts'With any provision of this. Agreement. Northwest &•CFW,F'Y 2025 SRUAgreement Page 9 of 15 24. COUNTERPARTS. AND ELECTRONIC SIGNAT><JRES. This Agreerrient-rnay be executed in one or more counterparts and each -counterpart shall; for all purposes, be deemed ari original; but all such counterparts shall together constitute one. and the same instrument.. -A signature received: via facsimile. or .electronically -via email shall. fie as legally binding for -all purposes as .an original signature. 2S, BODY WORN CAIVIEItAS. City and District:agree that any use of body -Worn cameras b. >aWPD -offieers:will be subject to - and in co,mpliance�with:state law.and local regulations.regard ng, he-d. aid operation of body -worn. .cameras {BWC). City*shatl'use:its best efforts to notify.fhe'District at least two.weeks before:its 'SRQ. 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. offfcers arc-assigned,:on the objectives and procedures foi the use of BWCs. Every SRO Prograrn'officer -equipped with a BWC shall be.trained intheoperatiori of the equipment Prior -to i"ts.use. When utilizing. B-WCs,-the SRO Program Officers shall adhere to the:objectives and -procedures outlined in this Agreement and the -Fort Wor-ih Police Department General Orders so as.t6. Maximize the effectiveness of the BWC:and the-ihtegrity of the videb.-docurhentation. City may, if -not otherwise prohibitedby- law,.provide-to the District eapies-of any such f lming.of sfudents; parehts.; employees, :or othets upon school property, upon request for such. copies by fh-eDistrict;.as an intergovernmental transfer. In flee event the City believes the providing of a copy. 'of such videos would be prohibited,. City agrees to - utilize its best effortsJo. facilitate the:Availability of the officer who, made the: video to testify,. upon request by -the District,:in.any,school.disciplinary hearing concerning the oftcer's�.knowledge of�the. facts and eir..cumstances. of the incident which was videoed. The Parties-aiso agree that aliy s:twh ilm or: video taken by.,. and'.kept in the possession of, the *City's. officers may be considered ".law enforcement records" under -the Family Educational Rights and `Privacy Act (FERPA); 249 U.S.C: sec. 1:232g and 34 C.F.R. Sec.. 99.8,.,and that any -copy of such film or video; if permitted by .lave to: Ve provided to the District,, may then become an. educational record of the District under-FERPA. fri the eventthe District determines that such -educational record is requited`t6 be released to the public'. or to. -a-patent.or-a student*underFERPA,.'the District agrees, priorto.release of such records, to provide the City advanced written.notice ttifficientfor the City to determine if`a.prote'etive. order or other injunctive felief-rinay be.required to protect: the confidentiality of the record. [THE REST OF THIS. PAGEINTENTIONAL LY. LEFTBLANK] Northwest & CFW FY'2025 SRO Agreement Page 10 of 15 APPROVED AND AGREED FOR CITY OF FORT WORTH William Johnson (0 t 16, 202416:50 CDT) William Johnson Assistant City Manager Date: Oct 16, 2024 APP"/R�'�O���I[V�1�AQL RECOMMENDED Robe�lldr� (Oct 16, 2024 12:17 CDT) Robert A. Alldredge, Jr. Executive Assistant Chief APPROVED AS TO FORM AND LEGALITY FOR CITY OF FORT CWORTH Jerris Penrod Mapes Assistant City Attorney APPROVED AND AGREED FOR NISD Dr. Mark Foust Superintendent 11 Date: / 0 I'1 /2o zy pF FORT �pd °0 ATTEST .�.�' 'dddQ 4p nE4p5q*p C\ Jannette Goodall City Secretary Date: 101 15 i.ao4q M&C No. d q— 091,- Form 1295 Certification No: NOT REQUIRED Contract Compliance Manager: 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. xllllvwn.e� �t-) Loraine Coleman Administrative Services Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX NISD & CFW FY 2025 SRO Interlocal Agreement Page 11 of 15 EXMIAT. A SCOPE OF S-Elk'VI.CES I. City, through the.,eommander-of the SRC) Program, shall assign FWPD off cers to specifia- -schools within-th0l.sirict-to proyide school security-4pd officers sliall.Wotk directly tvlth -the Distriovs, school principals. 2. There shall be ten (10) City police officers assigned to the District for the SRO Program: Imadditiorl,.there.shall be.a command;staffcomprised.oftWo(2j-de#ecfive,.six(6):sergeants, two (2). relief police officers; anti otle (1:) lieutenant,+assigned to the SRO Program. The 'I.,ieutenant: shall command the SRC} Program. The Disiriet. -shall submit a written request for, additional-poliee-:Officers to City :ten {10) months i3riot4o the:'start of a- new Fiscal vear-lthe end' of'the month' of December). 3. Assigned dfficers '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 ,atay 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 from other knits may 'be assigned temporarily to provide- coverage. Replacement -officers, when available, will..be assigned: -to Dish when -the. assigned. police officer's- absence i-s.for an extended period of time: $: -City shall provide to the officers assigned. Io the 'SRO Program. all the laW: enfotceT' eht :training and certification, vehicles and police-equipmerit, benefits,, and (including liability coverage). that:are provided to. all City's'poliee officers.. District shall provide any radio equipmetit necessary -to a11oW the. assigned officers -to comrhunicate with Distract staff L The City shall maintain emergency response. plans for- .every school. within their -jurisdictionf. To the extent -allowed under Texas:law; th-ese.plans shall be kept. confidential within -the. Foi-t'Worth Police Department for security purposes, but meetings shall. be held with authorized. representatives of District to provide relevant 'information arid. excerpts: from. the plan necessary '.for implementation: City's Chief. of .Police shall designate a' commander -to be .respbrisible for maintenance and &seminatioh�of these plans. NISI] & CFW FY2025 SRO bter1oca1'Agreement Page 12.of 15 7. Allpolicepergorindl assigned to the,. 8.R0 program will. remain..subject to the rules and regulations. applicable to all sworn personnel, -including-General Orders. Special Orders, Personnel Rules and.. Repl4tibns,.dir.ectives and other applicable laW.. [THE REST Of THIS PAGE INTENTIONALLY LEFT BLANK] NISD & CFW FY2202 SRO Interlocal Agreement Pige 13 Of 15 EXHIBIT-3 .PAYMENT SCHEDULE Distriot. will, rem It 11 payments at"$O2,709.49per .month within.'-30days.of recqiptof all invoice from the -City.46d a final'-p4yrn.pnj due in the-am.ount of $9?,1.09.5.9-. The failure of District fo payan M i. oice within 50 days of rec .ciipt.will be considered ab=6 of this.-Agebeffient. $92,709A8-k 1.1 —'---$I,'.OI-9j804;28 F441 Payment= $92.109.59. Total . :Payments Slji2,513.87 NISD & CFW FY 2025..SRO ThIbriopat Agreernent Page 14 of H Exhibit C Roles and..Respongibillities f6ir Officers 5 RO.'will -collaborate with school administrators to establish and..'maintain @5afe and secure learning environment. SRO willassistwith conflict -resolution.efforts and build a positive.rapport With students, parents, visitors. and -campus staff. SRO will conduct activities that will helo(to-i-naihta.in *Order, by enforcing state laws and city -ordinances. SRO will conduct That patrols,and monitoring of District campuses to.deter criminal activity. SRO will work closely with school administration to develop. and train school stdff.in respondingto various crisis situations:o6ceapproved by 5.110's-chaid of cotmand.as Well A's.th6 districts Safety.'& Sbtueity department-. SRO'may, when available; Ije, attend ary.d participate in school -events. such as drills, assemblies, and other daytime school activities as needed and reqOested'by -campus administration and approved by SRVs supervisor, SRO will.assist campus administration in the removal bf'any -unauthori206 persons on the camp'us, d.uring their shift. SRO will assist school adniinist'ratio.n With ca'nip'u5'5ec0dty and safety conceirns. SRO will consult with the .campus -threat assessment team. created under the Education code. Section 37.11.5 for the purposes. of assessing risks. and threats in school. SRO May -assist Wiffi trafficonpublic and school property to:ensu're;"priopOt'traffic flow around school campuses, NISD 4,CFW*FY 2025 SRO InterIbcal Agreement: Page 15 of 15 a Northwei*t NDEPENDENT SCHOOL DISTRICT To: Board of Trustees From: Mark Foust, Ed.D., Superintendent of Schools Subject: Interlocal Agreement with the City of Fort Worth for School Resource Officer Program Date: October 7, 2024 Background Information and Rationale: Pursuant to Chapter 791 of the Texas Government Code, Texas Education Code, School Districts and other governmental entities may join together to increase efficiency and effectiveness, by authorizing them to contract, to the greatest possible extent, with one another and with agencies of the state, The City of Fort Worth will provide ten (10) fully qualified, licensed police officers who will serve as School Resource Officers assigned to Northwest ISD schools located on district property in the City of Fort Worth. In addition, there will be a command staff comprised of two (2) detectives, five (5) sergeants, two (2) relief police officers, and one (I) lieutenant assigned to the SRO Program, commanded by the Lieutenant. The District will pay an amount not to exceed $4112,513.87 for the 2024-2025 school year. There will be I 1 payments of $92,709.48 and one final payment of $92,709.59. If additional officers are required during the course of the agreement they will added an additional $165,637.64 per additional officer. The term of this agreement will be from October 1, 2024 until September 30, 2025 or the 2024-2025 school year. Support of Strategic Goals: • Northwest ISD will foster a safe environment and culture of engagement that values the voices of all students, staff, families, and community members. Budget and/or Pund Impact: Budgeted as part of the General Fund budget. Recommendation: Approve the agreement with the City of Fort Worth for the School Resource Officer Program as recommended by the administration. Respectfully submitted, Mark Foust, Ed.D. Superintendent Jonathan PAStusek Chief Financial Officer Mark Veehione Exec Dir of Purchasing M&C Review Pagel of 3 Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA FORT Create New From This M&C REFERENCE 35CCPD SCHOOL DATE: 10/15/2024 NO.: M&C 24-0915 LOG NAME: RESOURCE OFFICER PROGRAM FY25 CODE: C TYPE: NON- PUBLIC CONSENT HEARING: NO SUBJECT: (ALL) Authorize Execution of Agreements with 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 2025 in the Total Amount of $8,539,695.26 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 the Lena Pope Home, Inc., to operate the School Resource Officer Program for Fiscal Year 2025 in the total amount of $8,539,695.26. DISCUSSION: The Fort Worth Police Department (FWPD) and local Independent School Districts (ISDs) work together to provide youth with a safe educational environment by providing FWPD officers at schools 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. which has one officer to staff the Tarrant County Juvenile Justice Alternative Education Program (JJAEP). For Fiscal Year (FY) 2025, a total of 87 officers are assigned to the School Resource Officer Program with a total budget of $14,883,931.23, of which $8,539,695.26 will be allocated for the School Resource Officer Program Agreements with the school districts and the Lena Pope Home. The participating school districts, and Lena Pope Home reimburse CCPD for 50 percent of operating and personnel costs for 75 of the 87 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 11 supervisor and relief positions, consisting of two relief officers, two detectives, six 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. No. of Share of Cost Cost Category �Positions ISDParticipants CCPD JJISDs Operating and Personnel o o Fort Worth ISD, Keller ISD, Cost 75 50\/0 50\/o Northwest ISD, Lena Pope Home (JJAEP) (Cost for Mobile Officer I 1 I 1 00\ I Keller ISD IlFort Worth ISD, Keller ISD, Cost for Supervisors and 11 100\ Northwest ISD, http:Happs.cfwnet.org/council_packet/mc_review.asp?ID=32621 &councildate=10/15/2024 10/15/2024 M&C Review Page 2 of 3 (Relief Positions II Total Number of Positions 1187 II% IlLena Pope Home (JJAEP) FWPD completes an annual "true up" of the actual charges. Once the City's annual fiscal audit is complete, any variances between the contract amount and the actuals are applied back to the school on the next contract and may increase or decrease the new contract amount. Note that such adjustments are two fiscal years in arrears. Therefore, the adjustments for FY2023 are included in the FY2025 contracts. During the term of these contracts, from October 1, 2024, through September 30, 2025, 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 $8,539,695.26. FY23 Audited No. FY25 Contract Actuals Adjusted FY25 ISD Officers Amount Variance Contract Assigned Increase/ Amount (Decrease) Fort Worth ISD 53 $5,990,186.29 ($93,862.75) $5,896,323.54 Keller ISID 1 12 $1,439,087.41 ($19,480.95)1 $1,419,606.46 Northwest I ISD 10 I $1,130,223.83 ($17,709.95) $1,112,513.88 Lena Pope 1 $113,022.38 ($1,771.00) $111,251.38 Home Inc. Total 11 76 $8,672,519.91 ($132,824.65)1 $8,539,695.26 * The 11 Supervisors and Relief Positions are being reimbursed at 100\% and included in the numbers. Business Equity: A business equity goal is not assigned when purchasing from an approved purchasing cooperative or public entity. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation and execution of the agreements funds will be deposited into 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. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID I I Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID I ID I Year I (Chartfield 2) Submitted for Citv Manacier's Office bv: William Johnson (5806) http:Happs.cfwnet.org/council_packet/mc_review.asp?ID=32621 &counciIdate=10/15/2024 10/15/2024 M&C Review Page 3 of 3 Oriainatina Department Head: Additional Information Contact: ATTACHMENTS Neil Noakes (4212) Keith Morris (4243) 1. FWLab Communication FY2025 Budaet Load.Ddf (CFW Internal) 2024 Citv of Fort Worth SRO Form 1295 - AE sianed.Ddf (CFW Internal) 35CCPD School Resource Officers.docx (CFW Internal) 35SCHOOL RESOURCE OFFICER PROGRAM FY25.XLSX. (CFW Internal) http:Happs.cfwnet.org/counci]_packet/mc_review.asp?ID=32621 &counciIdate=10/15/2024 10/15/2024