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HomeMy WebLinkAboutContract 45005 ary s,ECRETARY Y *nqY QD CONTRACT ! U INTERLOCAL AGREEMENT FOR SCHOOL SECURITY SERVICES .SORT' WORT INDEPENDENT NT SCHOOL DISTRICT This agreement ("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. Charles W. Daniels its duly authorized Assistant City Manager, and the Fort Worth Independent School District, a political subd,ivision of the State o f Texas located In Tarrant County and a legally constituted Independent School District ("District"), acting by and through Walter Lane y, its duly authorized Superintendent.. RECITALS WHEREAS, this Agreement is made under the authority granted to the City and the District pursuant to the Texas Go erninent Code, Chapter 791, 'known as the TNT RLOCAL COOPERATION ACT. WHEREAS, the citizens of Fort "worth and City's City Council, have deterillined that the security of students is paramount; WHEREAS,REAS, Distr cat wishes to participate in City's School Security Initiative Program through which City provides school security to participating :school districts with facilities within the City's city limits using City's police officers; and WHEREAS, City his received funds through the Fort Worth Crime Control and Prevention District to assist in funding the School Security Initiative Program.. Now, THEREFORE, in consideration era.tion o the mutual covenants, promises and agreements herein expressed, the parties agree as follows-, 1. ASSIGNMENTOF POLICE OFFICERS City, through the commander of City"s School Security Initiative Program and in conjunction with District ct personnel., shall assign police officers to specific schools within the :District to rcC�vide school security. Assigned officers shall work directly with the District's school principals. Assigned otticers shall have the School Security 'Initiative Program as their primary duty and will not he 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 other circumstances require an enhanced police presence elsewhere in the City and school is not in session.. City shall coordinate assignment and duty hours with District. If necess . y to handle unplanned absences at schools, offiicers from units other than the School Security Initiative Program may he assigned temporarily to -fro replacements coverage. City shall not provide replaceents for officers who are off of work due to occupational i.njury and the contract amount shall not he SI Interlocal Agreement OFFICIAL CITY SECRETARY!&F F%WORTH,TX .......... .. ..................... ............ ........... reduced or amended due to such absence unless agreed by both parties, in writing. Replacement officers, when available, will be assigned to, District when the assigned police of absence is for an extended period of time. 1, DU ES AND RESPONSIBILITIES City shall provide to the officers assigned to the School Security Initiative Program all the law enforcement training and certi fi cation, 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. 3. EMERGENCY RESPONSE PLANS The Fort Worth Police Department 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 Fort W'orth Police 'Department for security purposes, but meetings shall be held with authorized representatives of District to provide re-,levant information an excerpts from the plan necessary for implementation. City's Chief of Police shall designate a commander to be responsible for maintenance and dissemination of these plans. 4. NUMBER OF POLICE OFFICERS: District covenants and agrees to fully cooperate with the City of Fort Worth in the implementation, of the School Security Initiative Program within the schools of the District., During the terns c thIs Agreement there shall be forty-three (43,) City police offitcers assigned to the District for the School Security Initiative Prograni, In, addition, there shall be one (1) detective, four (4) sergeants, two (2) relief police officers, and one (,I) lieutenant assigned to the School Security Initiative Program, which shall be commanded by the police lieutenant. Additional officers will not be provided to District during the current school year contract. The District is required to submit a written request for additional Pc lice Officers to City ten (10), months prior to the start of a new Fiscal year the end o f-the month o f D ecemb er). I 5. CONSIDERATION District shall pay to City $3,201,076.8.1 ("Contract Amount") for City's provision of security services through the School Security Initiative Program. Such Contract Amount is based upon -fixed, expenditures for personnel costs of police officers assigned to the School Security Initiative Program. The Contract amount 'represents 50% of all personnel. costs Incurred 'by the City for the police officers assi,gned to the School Security Initiative 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, and Retirement. The contract amount also represents an apportioned share of 100:% of the personnel costs of police command staff that are assigned to the School SSI 'Ititerlocal Agreement FWISD and City of FW -2- Security Initiative Program. The full personnel cost for the command staff is shared by all participating school districts,, and the participating school districts pay a prorated amount of the command staff personnel cost based on the number of School Security Initiative Program officers assigned to each participating school district. The personnel costs incurred by the City in this project for the command staff include 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, and Retirement. In addition, the contract amount 'Includes an apportioned share of the patrc l. vehicles' administrative operating fee assigned, to the School Security Initiative Program, prorated to each participating school district. It is understood and agreed that District shall remit funds to the City within 30 calendar days following receipt of an official invoice. Invoices shall be provided by City to District on a monthly basis., 6. TERM The term of'this Agreement is for a period beginning on October 1, 20113, and ending on Septemner Y), 2014. 7. CONTINGENCY OF AGREEMENT: '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 'Uistrict and that if such funds from the Fort Worth Crime Control and Prevention District are not timely forthcoming, in whale or in part, City may y at its sole discretion, terminate this Agreement, City and District shall make all payn-lc nts under this Agreement from current revenues, available to the paying party. 8. TERMINA ri.,vION AND FINAL PAYMENT This Agreement may be terminated by either party hereto, In whole or in part, at any time and for any reason, upon thirty (30) day written notice to the other party. Such written notice shall. specify to what extent the work under the Agreement i,s 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 the appropriately prorated unpaid balance due on the Contract, Amount for services rendered and District shall renift payment in full within thirty (301) days of the date of such invoice. 9, CURIE OF B,REACII District and City covenant and agree that in the event either party hails to: comply with, or breaches, any of the tern-is or provisions of this agreement, each party shall provide written SSI Interlocal Agreement FWISD and City of FW -3- notice to the other as soon as reasonably possible after the non- reaching party becomes aware of the failure to comply or breach of contract. In the event that the breaching party falls 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-breac,hing party shall have the right to declare this agreement irnmediately terminated, and neither party shall have further responsibility or liability hereunder. 10. MONITORING 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, 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). 11. INDEPENDENT CONTRACTOR 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, Land employees., Neither City nor District shall be responsible under the Doctrine of Respondeat Superior for the acts and omissions of the officers, members, agents, servants, employees, or officers of the other. 12, PROPERTY LOSS City shall in no way nor Linder any circul-nstances 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. District shall in no way nor under any circumstances be responsible for any property belonging to City, its officers, members, agents, employees, subcontractors,, program participants, ticensees, or invitees,, which may be lost, stolen, destroyed, or in any way damaged. 13. PROVISIONS RIEGARDING AGE City and District covenant that neither it nor any of its officers, members, agents, employees, program participants,, or subcontractors,, while engaged in the performance of this Agreement shall, in connection with the employment, advalicei-nent, or discharge of employees, or in connection with the terms, conditions or privileges of their employn-ient,, discriminate against persons because of their age, except on the basis of a bona fide occupational qualificahon, retirement plan, or statutory requirement. 140 NO DISCRIMINATION City and District, in the execution, perforl-nance or attempted perfon-nance of this SSI Interlocal Agreement FWISD and City ofFW -4- Agreement, will not discriminate against any person or persons because of sex, race, religion, age, disability, color, national origin, or familial status, nor will District permit 'Its agents, employees, subcontractors or program participants to engage in su�h discrimination. 15. SEVERABILITY 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. '16. NO WAIVER The failure of City or District to insist upon the perfon-nance 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. 17. 'VENUE Should any action, whether real or potential, at law or in equity,,, are out of the execution, per fonnantie, attempted perforiiranee or non-perforinance ofthis Agreement, venue for said action shall lie in Tarrant Co-unty, 'Fexas. 18. APPROVAL OF AGREEMENT The govei7ning, bodies of City and District have approved the execution. of this Agreement, and the persons, signing the Agreement have been duJy authorized by the governing bodies of the City and District to sign, this Agreement on behalfof the parties,. 191. ENTIRE AGREEMENT This written instrurnent 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 'r n. the terms hereof shall be-void. 20, NOTICE PROVISIONS, Notices to District shall be deemed given w1i,en delivered in person to the Superintendent, or on the next business day after the mailing of said notice addressed to said District by United States mail, certified or registered mail, return receipt requested, and postage paid at 100 North University Drive, Fort Worth, Texas 76107. SSI Interlocal Agreement FWTSD and City of FW' -5- ................................ Notices to City shall be deemed given when de fiver ed in person to the Assistant City I ` Manager for Public, Safety of the City, or the next business, day after the mailing of said notice addressed to said City by United States mail, certified or registered mail, return recei I pt 0 requested, and postage paid at 1000 ThrockmoIrtoIn, Fort Worth, Texas 76102. APPROVED AND AGREED FOR APPROVED FOR FOR WORTH CITY 01F FORT WORTH: INDEPEN E, T SCHOOL DISTRICT. C, rles W. Daniels Walter 'Dansby Assistant City Manager Supen6tendent Date: 10, 49 Date:— APPROVALRECOMM ENDED. icy V�., d J e,C�e Halstead' Chief If Police APPROVED AS TO FORM AND LEGALITY.: 010 "000,00 Jessi San g svang rn FW'ISD Attoey Asia t�nCity Attorney 316 Date,: ATTEST#,, 7// ........../_7' oil Mary J. Ka� Is N City Secretary gI, 0 Date: M & CNo. Contract No "FICIAL 11ECORD -6- CITY SECRETARY Fr,,, WORTH, *rX M&C Review Z 0 "W-9" A Fo RT Wo,R i i Wilma. Mum mo oioimoiomioomi i � � NCIL ACTION.' Approve On 9/17/2013 o o oo a ou REFERENCE 35FY14 SCHOOL SECURITY DATE,- 9/17/2013 O. 6449 LOS NAME. INITIATIVE CONTRACTS CODE. C TYPE: NON- PUBLIC CONSENT HEARING: � SUBJECT: Authorize Execution of' School Security Initiative Contracts with Fort Worth, Crowley, Keller, Eagle Mountain/Saginaw and Lake 'worth Independent School Districts and the Lena Pope Horne to Operate the School Security Initiative Program for Sch ll Year 2013-2014 in the Amount of$4,243,287. (ALL COUNCIL DISTRICTS) x1110 IOVVWI OIIIIV �II 8 IIRIS1H RELOMMENDATION: It is recommended that the City Council authorize the execution of Scholol Security Initiative Contracts with Fort'worth, Crowley, Collor, Eagle M,,ountain/Saginaw and Lake Worth Independent School Districts and the Lena Pope Home to operate the School Security Initiative Program for school year 2013-2014 in the amount of $4,243,287.86. ..1J5$JQN The Fort forth Police Department FWPD)i and area school districts work in partnership to; provide youth a safe educational environment by providing F'PD, officers at schools within the city limits, of Fort Worth that are pairtinip Ling, in the School Security Initiative Program. Under the School Security Initiative Program, all operational costs, equipment funds and personnel costs are pro ridod through the Crime control Prevention District CCPD budget. A total of 65 officers are assigned to, the School Security Initiative Program. The participating school districts reimburse the CPPD 50 percent of operating costs and officer personnel costs for 57 posit,ions, and the full cost of eight officers, including, a corporal, four sergeants,, a lieutenant and two rol�iof officers. The reimbursement cost of the eight supervisory and relief officers are apportioned, to each district. based on the number of officers assigned, to each school district. Reimbursements are dopos,itod into a CCPD account. During the term of those contracts, October 1, 2013 through September 30, 2014, the Crowley Independent School Di'striot will have four officers, Koller independent School District will have three officers, Eagle Mountain/Sagiinaw Independent School District will have five officers and Lake Worth Independent School District will have one officer. The Fort Worth I ndopondo nt School District will have 43 officers assigned to the district.. The Lone Pope Florae will have one officer to staff the Tarrant County Juvenile Justice Alternative Education Program.. Payments from, the schools for the personnel costs shall be rendered to the City on a monthly basis. The total expected annual reimbursement amount is $4,243,287.86. The Financial Management ement Services Director certifies that funds will be available in the Fiscal Year 2,014 budget, as appropriated, of the Crime Control and Prevention District Funds and that the police Department is responsible for the collection, and deposit of funds duo to the City. h ://apps.cfw net.org/cOLI ti a_p c t,/mc-rev e .a ?I D=1 8684&co unci Id at /17/2 013[10/7/20113 12.1 M 1 PM] M&C Review n m FRQM F n QBZQ 4203 Q351000; 14,243.2 Submitted, for City M�anager'a Ofice Charles Danie,ls (6199) 1 IF Orl"ainatinal—Department Heado- Jeffrey W. Halstead (4231) Additimal " Jeffrey W'. Halstead (4231 '' http://apps.cfwilet.org/council_packet/mc—review. .,1 & n 1 e=9/17/2 13['1 0/7/2 1 1 :1'x:21 PM]