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HomeMy WebLinkAboutContract 46026 CITY SECRETARYI CONTRACT NO. ,� __._—. INTERLOCAL AGREEMENT FOR SCHOOL SECURIT`V SERVICES KELLER 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 Keller 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 Randy Reid, 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 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: The Contract documents shall include the following: 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. RECEIVED OCT 13 2014 OFFICIAL RECORD CITY SECRETARY KISD&CFW FY 2015 SSI Interlocal Agreement FTo NMORTH,TXPa e 1 of 11 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 S230,959.40 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 3 police officers, 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. KISD&CFW FY 2015 SSI Interlocal Agreement Page 2 of 1 1 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 INFORMATION. 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 KISD&CFW FY 2015 SSI Interlocal Agreement Page 3 of 1 1 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 except as required by Texas or federal law or pursuant to court order. District agrees to notify the City of any such occurrence. 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 normal 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. KISD& CFW FY 2015 SSI Interlocal Agreement Page 4 of 1 1 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. Neither the City nor the District shall, in any way nor under any circumstances, be responsible for any property belonging to the other, their 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 KISD&CFW FY 2015 SS[ [nterlocal Agreement Page 5 of l l designated person listed below; or (2) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: City of Fort Worth Keller ISD Attn: Charles W. Daniels Attn: Randy Reid Assistant City Manager Superintendent 1000 Throckmorton 350 Keller Parkway Fort Worth, Texas 76102-6311 Keller, Texas 76248 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 and the District do not waive or surrender any of their 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 KISD&CFW FY 2015 SSI Interlocal Agreement Page 6 of 1 I 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. 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. SEVE RABILITY. 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. KISD&CFW FY 2015 SSI Interlocal Agreement Page 7 of I I 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. 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 AND AGREED FOR KELLER CITYOF FORT WORTH: INDEPENDENT SCHOOL DISTRICT: C rles W. Daniels Randy Assistant City Manager Superintendent Date: /Q./O. Date: /O ! KISD&CFW FY 2015 SSI Interlocal Agreement Page 8 of I I �$ O APPROVAL RECOMMENDED: ATTEST: r7 ,Kg �gy W, ke�lS —T11 7o Jef rey W. Halstead `C.�.l Mar Kayser Chief of Police City Secretary Date: M&C No. APPROVED AS TO FORM AND LEGALITY: OQ@�) Melly Madrid 01-�Attorney Assistant City Attorney Date: to/It, 1 Date: Jb OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX KISD& CFW FY 2015 SSI Interlocal Agreement Page 9 of 11 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 3 City police officers 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. 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. 7. 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. KISD&CFW FY 2015 SSI Interlocal Agreement Page 10 of I 1 EXHIBIT B PAYMENT SCHEDULE District will remit 11 payments at $19,246.61 per month within 30 days of receipt of an invoice from the City and a final payment due in the amount of$19,246.63. $19,246.63 x 11 = $211,712.77 Final Payment= $ 19,246.63 Total Payments $230,959.40 KISD&CFW FY 2015 SSI Interlocal Agreement Page 1 1 of 11 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoRTWOKTH COUNCIL ACTION: Approved on 9/16/2014 DATE: 9/16/2014 REFERENCE **C-26979 LOG NAME: 35FY15 SCHOOL SECURITY NO.: 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=2011 I&councildate=9/16/2014 10/6/2014 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=201 I 1&councildate=9/16/2014 10/6/2014