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CONTPACT NO. Z-NS/
INTERLOCAL AGREEMENT FOR SCHOOL SECURITY SERVICES
LAKE WORTH INDEPENDENT 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 Lake Worth
Independent School District, a political subdivision of the State of Texas located in Tarrant
County and a legally constituted Independent District("District"), acting by and through Weldon
Hafley, its duly authorized Interim 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 Worth and the City Council have determined that the
security of students is paramount;
WHEREAS, District wishes to participate in the School Security Initiative Program ("SSI
Program") through which City provides school security to participating Districts with facilities
within the City's city limits using City's police officers; and
WHEREAS, City has received funds through the Fort Worth Crime Control and
Prevention District to assist in funding the SSI Program.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
agreements herein expressed, the parties agree as follows:
CONTRACT DOCUMENTS: OFFICIAL RECORD
The Contract documents shall include the following: CITY SECRETARY
FT.NORTH,TX
1. This Agreement for the SSI Program
2. Exhibit A— Statement of Work plus any amendments to the Statement of Work
3. Exhibit B—Payment Schedule
All Exhibits attached hereto are incorporated herein and made a part of this Agreement for all
purposes. In the event of any conflict between the documents, the terms and conditions of this
Interlocal Agreement shall control.
The term "District" or shall include the District, and its officers, agents, employees,
representatives, servants, contractors or subcontractors.
LWISD&CFW FY 2015 SSI Interlocal Agreement RECEIVED SEP 2 5 X14 Page I of 12
The term "City" shall include its officers, employees, agents, and representatives.
1. SCOPE OF SERVICES.
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 Fort Worth police officers at District schools within the city limits of Fort Worth. The
District covenants and agrees to fully cooperate with the City in the implementation of the SSI
Program. Attached hereto and incorporated for all purposes incident to this Agreement is
"Exhibit A," Scope of Services, more specifically describing the services to be provided
hereunder.
2. TERM.
This Agreement shall commence on October 1, 2014 ("Effective Date") and shall
continue in full force and effect until September 30, 2015, unless terminated earlier in
accordance with the provisions of this Agreement.
3. CONSIDERATION.
The District shall pay City $76,986.47 in accordance with the provisions of this
Agreement and the Payment Schedule attached as "Exhibit B," which is incorporated for all
purposes herein. Such Contract Amount is based upon fixed expenditures for personnel and
operating costs for police officers assigned to the SSI Program. The Contract amount represents
50% of all personnel and operating costs incurred by the City for the 1 police officer, which does
not include the command staff, assigned to the District. The Contract amount also includes the
District's proportional share of the personnel, training and operating costs of the police command
staff that oversees the SSI Program. The command staff costs are shared by all participating
Districts, and the participating Districts pay a proportional amount of the command staff costs
based on the number of SSI Program officers assigned to each participating District. The
command staff includes one detective, four sergeants, two relief police officers, and one
lieutenant assigned to the SSI Program. In addition, the contract amount includes the District's
proportional share of the administrative operating fees of SSI-assigned patrol vehicles.
In the event that an officer is off of work due to an occupational injury, the Contract
Amount shall not be reduced or amended due to such absence unless agreed by both parties in
writing.
It is understood and agreed that District shall remit funds to the City within thirty (30)
calendar days following receipt of an official invoice. Invoices shall be provided by City to
District on a monthly basis.
LWISD&CFW FY 2015 SSI Interlocal Agreement Page 2 of 12
The City shall provide to the District school security services through the SSI program in
accordance with the provisions of this Agreement and Scope of Work, attached as "Exhibit A,"
which is incorporated for all purposes herein.
4. TERMINATION.
4.1. Convenience.
The City may terminate this Agreement at any time and for any reason by
providing the other party with 30 days' written notice of termination.
4.2 Non-appropriation of Funds.
In the event no funds or insufficient funds are appropriated by the City in any
fiscal period to fund the SSI Program, City will notify District 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 the City of any kind
whatsoever.
4.3 Breach.
If the contract is alleged to have been breached by the City, the District agrees to
follow the process described in Section 14.
4.4 Duties and Obligations of the Parties.
In the event that this Agreement is terminated prior to the Expiration Date, the
District shall pay City for services actually rendered 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 Contract
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 INFORIMATION.
5.1 Disclosure of Conflicts. District hereby warrants to the City that District has
made full 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
LWISD&CFW FY 2015 SSI Interlocal Agreement Page 3 of 12
Date of this Agreement, District hereby agrees immediately to make full disclosure to the City
in writing.
5.2 Confidential Information. District, for itself and its officers, agents and
employees, agrees that it shall treat all information provided to it by the City as confidential
and shall not disclose any such information to a third party without the prior written approval of
the City.
5.3 Unauthorized Access. District shall store and maintain City Information in a
secure manner and shall not allow unauthorized users to access, modify, delete or otherwise
corrupt City Information in any way. District shall notify the City immediately if the security or
integrity of any City information has been compromised or is believed to have been
compromised, in which event, District shall, in good faith, use all commercially reasonable
efforts to cooperate with the City in identifying what information has been accessed by
unauthorized means and shall fully cooperate with the City to protect such information from
further unauthorized disclosure.
5.4 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
information system, including but not limited to Fingerprint Identification Records System
("FIRS"), Interstate Identification Index System ("III System"), National Crime Information
Center ("NCIC") or National Fingerprint 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 providing
services for the administration of criminal justice as defined therein on behalf of the City under
this Agreement, District shall comply with the Criminal Justice Information Services Security
Policy and CFR Part 20, and shall separately execute the Federal Bureau of Investigation
Criminal Justice Information Services Security Addendum.
6. RIGHT TO AUDIT.
District agrees that the City shall, until the expiration of three years after final payment
under this contract, or the final conclusion of any audit commenced during the said three years,
have access to and the right to examine at reasonable times any directly pertinent books,
documents, papers and records of the District involving transactions relating to this Contract at
no additional cost to the City. District agrees that the City shall have access during non°nal
working hours to all necessary District facilities and shall be provided adequate and appropriate
work space in order to conduct audits in compliance with the provisions of this section. The
City shall give District reasonable advance notice of intended audits.
LWISD&CFW FY 2015 SSI Interlocal Agreement Page 4 of 12
7. INDEPENDENT CONTRACTOR.
District shall operate hereunder as an independent contractor and not as an officer, agent,
servant or employee of City. City shall operate hereunder as in independent contractor and not as
an officer, agent, servant, or employee of the District. City shall be solely responsible for the
acts and omissions of its officers, members, agents, servants, and employees. District shall be
solely responsible for the acts and omissions of its officers, members, agents, servants, and
employees. Neither City nor District shall be responsible under the Doctrine of Respondeat
Superior for the acts and omissions of the officers, members, agents, servants, employees, or
officers of the other. Nothing in this Agreement shall waive any statutory or common-law
immunity or defense of City or District.
8. PROPERTY LOSS
City shall in no way nor under any circumstances be responsible for any property
belonging to District, its officers, members, agents, employees, subcontractors, program
participants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged.
9. PROVISIONS REGARDING 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, advancement, or discharge of employees,
or in connection with the terms, conditions or privileges of their employment, discriminate
against persons because of their age, except on the basis of a bona fide occupational
qualification, retirement plan, or statutory requirement.
10. NON-DISCRIMINATION COVENANT.
District, for itself, its personal representatives, assigns, subcontractors and successors in
interest, as part of the consideration herein, agrees that in the performance of District's duties
and obligations hereunder, it shall not discriminate in the treatment or employment of any
individual or group of individuals on any basis prohibited by law. If any claim arises from an
alleged violation of this non-discrimination covenant by District, its personal representatives,
assigns, subcontractors or successors in interest, District agrees to assume such liability and to
indemnify and defend the City and hold the City harmless from such claim.
11. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively
determined to have been delivered when (1) hand-delivered to the other party, c/o the
designated person listed below; or (2) received by the other party by United States Mail,
registered, return receipt requested, addressed as follows:
LWISD&CFW FY 2015 SSI Interlocal Agreement Page 5 of 12
City of Fort Worth Lake Worth ISD
Attn: Charles W. Daniels Attn: Weldon Hafley
Assistant City Manager Interim Superintendent
1000 Throckmorton 6805 Telephone Road
Fort Worth, Texas 76102-6311 Lake Worth, Texas 76135
With Copy to the City Attorney
At same address
12. GOVERNMENTAL POWERS/IMMUNITIES
It is understood and agreed that by execution of this Agreement, the City does not waive
or surrender any of its governmental powers or immunities.
13. NO WAIVER.
The failure of the City or District to insist upon the performance of any term or provision
of this Agreement or 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 or to assert any such
right on any future occasion.
14. INFORMAL DISPUTE RESOLUTION.
Except in the event of termination pursuant to Section 4.2, if the District has a claim,
dispute, or other matter in question for breach of duty, obligations, services rendered or any
warranty that arises under this Agreement, the parties shall first attempt to resolve the matter
through this dispute resolution process. The disputing party shall notify the other party in
writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall
state the nature of the dispute and list the party's specific reasons for such dispute. Within ten
(10) business days of receipt of the notice, both parties shall commence the resolution process
and make a good faith effort, either through email, mail, phone conference, in person meetings,
or other reasonable means to resolve any claim, dispute, breach or other matter in question that
may arise out of, or in connection with this Agreement. If the parties fail to resolve the dispute
within sixty (60) days of the date of receipt of the notice of the dispute, then the parties may
submit the matter to non-binding mediation in Tarrant County, Texas, upon written consent of
authorized representatives of both parties in accordance with the Industry Arbitration Rules of
the American .Arbitration Association or other applicable rules governing mediation then in
effect. The mediator shall be agreed to by the parties. Each party shall be liable for its own
expenses, including attorney's fees; however, the parties shall share equally in the costs of the
mediation. If the parties cannot resolve the dispute through mediation, then either party shall
have the right to exercise any and all remedies available under law regarding the dispute.
LWISD&CFW FY 2015 SSI Interlocal Agreement Page 6 of 12
Notwithstanding the fact that the parties may be attempting to resolve a dispute in accordance
with this informal dispute resolution process, the parties agree to continue without delay all of
their respective duties and obligations under this Agreement not affected by the dispute. Either
party may, before or during the exercise of the informal dispute resolution process set forth
herein, apply to a court having jurisdiction for a temporary restraining order or preliminary
injunction where such relief is necessary to protect its interests.
15. GOVERNING LAW/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 or in equity, is brought pursuant to this Agreement,
venue for such action shall lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas, Fort Worth Division.
16. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions shall not in any way be affected
or impaired.
17. FORCE MAJEURE.
The City and District shall exercise their best efforts to meet their respective duties and
obligations as set forth in this Agreement, but shall not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including,
but not limited to, compliance with any government law, ordinance or regulation, acts of God,
acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor
restrictions by any governmental authority, transportation problems and/or any other similar
causes.
18. HEADINGS 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 or limit the scope of any
provision of this Agreement.
19. APPROVAL OF AGREEMENT
The governing bodies of City and District have approved the execution of this
Agreement, and the persons signing the Agreement have been duly authorized by the governing
bodies of the City and District to sign this Agreement on behalf of the governing bodies.
LWISD&CFW FY 2015 SSI Interlocal Agreement Page 7 of 12
20. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised 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.
21. AMENDMENTS.
No amendment of this Agreement shall be binding upon a party hereto unless such
amendment is set forth in a written instrument, which is executed by an authorized representative
of each party.
22. ENTIRETY OF AGREEMENT.
This Agreement, including the schedule of exhibits attached hereto and any documents
incorporated herein by reference, contains the entire understanding and agreement between the
City and District, their 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 in conflict with any provision of this Agreement.
23. COUNTERPARTS.
This Agreement may be executed in one or more counterparts and each counterpart shall,
for all purposes, be deemed an original, but all such counterparts shall together constitute one
and the same instrument.
APPROVED AND AGREED FOR APPROVED FOR LAKE WORTH
CITY OF FORT WORTH: INDEPENDENT SCHOOL DISTRICT:
CA4rles,W. Daniels Weldon Hafley
Assistant City Manager Interim Superintendent
Date: Date:
APPROVAL RECOMMENDED: ATTEST yQ� F 00'DR�
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Jef rey W. flalstead ary Ka
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Chief of Police City Secretary ���,000�,
Date: -�? M&C No. _7 �
OFFICIAL RECORD
CITY SECRETARY
LWISD&CFW FY 2015 S I A&MMOt Page 8 of 12
APPROVED AS TO FORM AND
LEGALITY:
A
Atell a Fi LWISD Attorney
Assistant City Attorney
Date: 2 l Date:
LWISD&CFW FY 2015 SSI Interlocal Agreement Page 9 of 12
EXHIBIT A
SCOPE OF SERVICES
1. City, through the commander of the SSI Program, shall assign police officers to specific
schools within the District to provide school security and officers shall work directly with
the District's school principals.
2. There shall be 1 City police officer assigned to the District for the SSI Program. In
addition, there shall be a command staff comprised of one detective, four sergeants, two
relief police officers, and one lieutenant assigned to the SSI 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 Police Officers to City ten months prior to the start of a new Fiscal
year(the end of the month of December).
3. Assigned officers shall have the SSI 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 other circumstances
require an enhanced police presence elsewhere in the City and school is not in session.
4. City shall coordinate assignment and duty hours with District. If necessary, in order to
handle unplanned absences at schools, officers from units other than the SSI Program
may be assigned temporarily to provide coverage. City shall not provide replacements
for officers who are off of work due to 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.
5. City shall provide to the officers assigned to the SSI Program all the law enforcement
training and certification, 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. City acknowledges its officers have authority to take a child into custody under Section
52.01 of the Texas Family Code. Its officers may only restrain a student when necessary
and in the performance of law enforcement duties.
7. 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 Fort Worth Police Department for security purposes, but meetings shall be
held with authorized representatives of District to provide relevant information and
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.
LWISD&CFW FY 2015 SSI Interlocal Agreement Page 10 of 12
8. All police personnel assigned to the SSI program 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.
LWISD &CFW FY 2015 SSI Interlocal Agreement Page 11 of 12
EXHIBIT B
PAYMENT SCHEDULE
District will remit 11 payments at $6,415.54 per month within 30 days of receipt of an invoice
from the City and a final payment due in the amount of$6,415.53.
$6,415.54 x 11 = $70,570.94
Final Payment= $_6,415.53
Total Payments $76,986.47
LWISD&CFW FY 2015 SSI Interlocal Agreement Page 12 of 12
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA F T��RT"
COUNCIL ACTION: Approved on 9/16/2014
REFERENCE ** 35FY15 SCHOOL SECURITY
DATE: 9/16/2014 NO.: C-26979 LOG NAME: INITIATIVE CONTRACTS
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of Agreements with Fort Worth, Crowley, Keller, Eagle
Mountain/Saginaw and Lake Worth Independent School Districts and Lena Pope Home,
Inc., to Operate the School Security Initiative Program for the 2014-2015 School Year in
the Amount of$4,388,228.55 (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of Agreements with Fort Worth,
Crowley, Keller, Eagle Mountain/Saginaw and Lake Worth Independent School Districts and Lena
Pope Home, Inc., to operate the School Security Initiative Program for the 2014-2015 school year in
the amount of$4,388,228.55.
DISCUSSION:
The Fort Worth Police Department (FWPD) and area school districts work in partnership to provide
youth a safe educational environment by providing FWPD officers at schools within the city limits of
Fort Worth that are participating in the School Security Initiative Program. Under the School Security
Initiative 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 district and Lena Pope Home, Inc.
A total of 65 officers are assigned to the School Security Initiative Program. The participating school
districts and Lena Pope Home, Inc., reimburse the CCPD for 50 percent of operating costs and officer
personnel costs for 57 of the 65 positions. The remaining 8 of the 65 positions, which are supervisory
and relief positions, are reimbursed by the school districts and Lena Pope Home, Inc., to CCPD at
100 percent. The supervisory positions consist of one corporal, four sergeants and a lieutenant and
there are two relief officers. The reimbursement costs of the eight supervisory and relief officers are
apportioned to each district based on the number of officers assigned to each school district.
During the term of these contracts, October 1, 2014 through September 30, 2015, the Crowley
Independent School District will have four officers, Keller Independent School District will have three
officers, Eagle Mountain/Saginaw Independent School District will have five officers and Lake Worth
Independent School District will have one officer. The Fort Worth Independent School District will
have 43 officers assigned to the district. Lena Pope Home, Inc., will have one officer to staff the
Tarrant County Juvenile Justice Alternative Education Program. Payments from the districts and
Lena Pope Home, Inc., for all personnel and operating costs shall be rendered to the City on a
monthly basis and deposited into a CCPD account. The total expected annual reimbursement
amount is $4,388,228.55.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds will be available in the Fiscal Year
2015 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 due to the City.
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=20111&councildate=9/16/2014 9/17/2014
M&C Review Page 2 of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
GR79 451663 0351000 $4,388,228.55
Submitted for City Manager's Office by: Charles Daniels (6199)
Originating Department Head: Jeffrey W. Halstead (4231)
Additional Information Contact: Aya Ealy (4239)
ATTACHMENTS
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=20111&councildate=9/16/2014 9/17/2014