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HomeMy WebLinkAboutContract 25760 CITY SECRETARY CONTRACT No. STATE OF TEXAS § COUNTY OF TARRANT § WHEREAS,the citizens of Fort Worth and the City Council of Fort Worth have determined that the security of students at middle and high schools is paramount; and WHEREAS,the City ofFort Worth has received funds through the Fort Worth Crime Control and Prevention District; and WHEREAS,the Fort Worth Independent School District proposes to provide a School Security Initiative in conjunction with the Fort Worth Police Department; NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That for and in consideration ofthe mutual covenants,promises and agreements contained herein, the City of Fort Worth,hereinafter referred to as"City,"acting by and through Libby Watson,its duly authorized Assistant CityManager,and the Fort Worth Independent School District,hereinafter referred to as"Contractor,"acting by and through Dr.Thomas Tocco,its duly authorized Superintendent,do hereby covenant and agree as follows: 1. Contractor covenants and agrees to fully cooperate with the City of Fort Worth in the implementation of this project and both parties agree that during the fifth year there shall be 44 police officers and 1 corporal participating in the School Security Initiative in accordance with the Fort Worth Crime Control and Prevention District Plan approved on March 24, 1995, and that the program shall be commanded by a police Lieutenant.Contractor agrees to share 50%of all personnel costs incurred by the City in this project,including Base Pay,Salary Increases,LongevityPay,Incentive Pay,Acting Officer Pay, Bilingual Pay,FLSA,Court Attendance Costs,Medicare,Workers Compensation Insurance,Group Health Insurance, and Retirement. 2. It is understood and agreed that Contractor shall remit funds to the City in a timely manner following receipt of an official invoice.Invoices shall be provided on a quarterly basis.For the duration of this contract it is anticipated that reimbursement under this contract shall not exceed$1,400,000,and shall be based upon actual expenditures made for officers assigned to the School Security Initiative program. L, 3. The term of this agreement is for a period beginning on October 1, 1999,and ending on September 30, 2000. 4. 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 District and that if such fluids from the Fort Worth Crime Control and Prevention District are not timely forthcoming,in whole or in part,City may,at its sole discretion,terminate this contract and agreement. 5. It is understood and agreed that this contract may be terminated by City,in whole or from time to time in part,whenever such termination is determined by City to be in the best interest of City. Termination will be effected by delivering to Contractor a notice of termination,specifying to what extent performance of the work under the contract is being terminated and the effective date of termination.Within thirty(3 0) days following the date of such termination,Contractor shall be given a final invoice for reimbursement to the City for personnel expenditures and the Contractor must remit these funds within 60 days following date of invoice.Contractor may at any time terminate this contract by notifying the City in writing and providing an effective date of termination. 6. Contractor covenants and agrees to fully cooperate with City in monitoring the effectiveness of the services and work to be performed with the Contractor under this agreement,and City shall have access at all reasonable hours to offices and records of the Contractor,its officers,members,agents,employees, and subcontractors for the purpose of such monitoring. 7. Contractor shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of City.Contractor shall be solely responsible for the acts and omissions of its officers, members,agents,servants,employees,subcontractors,program participants,licensees or invitees. The doctrine of respondeat superior shall not apply as between City and Contractor,its officers,members, agents,servants,employees,subcontractors,program participants,licensees or invitees,and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. Itis expressly understood and agreed that no officer,member,agent,employee,subcontractor,licensee or invitee ofthe Contractor, nor any program participant hereunder is in the paid service of City. It is also expressly understood that the police officers assigned to this program are employees of the City of Fort Worth and the City is solely responsible for their acts and omissions. 8. City shall in no way nor under any circumstances be responsible for any property belonging to Contractor,its officers,members,agents,employees,subcontractors,program participants,licensees or invitees, which may be lost, stolen, destroyed or in any way damaged. 9. Contractor covenants that neither it nor any of its officers,members,agents,employees,program participants,or subcontractors,while engaged in performing this contract 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. Contractor,in the execution,performance or attempted performance of this contract and agreement, will not discriminate against any person or persons because of sex,race,religion,color or national origin, nor will Contractor permit its agents,employees,subcontractors or program participants to engage in such discrimination. 11. Contractor covenants and agrees that in the event it fails to comply with or breaches any of the terms and provisions of this agreement,City shall have the right to declare this agreement immediately terminated, and City shall have no further responsibility or liability hereunder. 12. The provisions ofthis 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. 4 L: W�9 j J'•u6 13. The failure of City to insist upon the performance 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 right to assert or rely upon any such term or right on any future occasion. 14. Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance,attempted performance or non-performance of this contract and agreement,venue for said action shall lie in Tarrant County, Texas. 15. This written instrument 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 from the terms hereof shall be void. IN WITNESS WHEREOF,the parties hereto have executed this agreement in multiples in Fort Worth, Tarrant County, Texas, this )0, day of , A.D. XJOW ATTEST: CITY OF FORT WORTH By4 .� 1 City Secretary 141-11-00 Libby Watson Assistant City Manager APPROVED AS TO FORM AND LEGALITY: 0— /7q&49— Contract 7q&49—Contract Authorization z 3 -6�Q X51-- Co AA,�Vity- korney Date Date: / FORT WORTH INDEPENDENT SCHOOL DISTRICT ATTEST: By: r. Thomas Tocco/1 n Superintendent l%d— STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME,the undersigned authority,a Notary Public in and for the State of Texas,on this day personally appeared Dr. Thomas Tocco, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was for the purposes and consideration therein expressed,as the act and deed of the Fort Worth Independent School District,and in the capacity therein sated as its duly authorized officer or representative. GIVEN DER MY HAND AND SEAL OF OFFICE this day of , I9-W or�onocom P� nye, RUFAYE RIVAS Notary Public .C�LTAQJ PSTATE OF TEXAS Noa P lic and or My Comm.Exp.03/04/2002 the State of Texas 1 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME,the undersigned authority,a Notary Public in and for the State of Texas,on this day personally appeared Libby Watson, known to me to be the same person whose name is subscribed to the foregoing instrument,and acknowledged to me that the same was the act of the City of Fort Worth and that she executed the same as the act of said City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of +g- dao 0 ECs* ROSELLA BARNESNOTARY PUBLICState of Texas Notary Public m and for �� Comm. Exp.03-31-2001 the State of Texas ItTu K("501-W 1-W City of Fort Worth, Texas 4vagoir and CouncilCommunication DATE REFERENCE NUMBER LOG NAMEPAGE 3/28/00 C-17966 35SCHOOLS 1 of 2 i SUBJECT J SCHOOL SECURITY INITIATIVE CONTRACTS RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute contracts with the Fort Worth Independent School District, Keller Independent School District, Crowley Independent School District and Everman Independent School District, to operate the School Security Initiative. DISCUSSION: The Fort Worth Crime Control and Prevention District budget for Fiscal Year 1999-2000 includes funds for the School Security Initiative. In addition, monies are available in the Police Department's general revenue fund to support officers requested by other school districts. In October 1995, the School Liaison Program was replaced with the School Security Initiative. This program called for officers to be assigned to all middle and high schools in Fort Worth. At that time, only the Fort Worth and Keller Independent School Districts were participants. In August 1999, the Crowley and Everman Independent School Districts requested officers on their campuses since they are within the Fort Worth city limits. Under the program, all operational and equipment funds and one-half of all personnel costs are provided by the City of Fort Worth with Fort Worth Crime Control and Prevention District funds and General Revenue funds. The remaining half of personnel costs will be paid by the respective school districts. During the terms of these contracts (October 1, 1999, through September 30, 2000) the estimated cost to the Keller Independent School District should not exceed $60,000; the estimated cost to the Everman Independent School District should not exceed $30,000; the estimated cost to the Crowley Independent School District should not exceed $30,000; and the estimated cost to the Fort Worth Independent School District should not exceed $1,400,000. Payments shall be rendered on a quarterly basis. I City of Fort Worth, Texas 4Vagair and Council Communication DATE REFERENCE NUMBERLOG NAME PAGE 3/28/00 C-17966 35SCHOOLS 2 of 2 SUBJECT SCHOOL SECURITY INITIATIVE CONTRACTS FISCAL INFORMATION/CERTIFICATION: The Police Department is responsible for the collection of revenues due under these agreements. LW:k I Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) GR79 451663 0351000 ZOO.0 Libby Watson G3s3 CITY COUNCIL. Originating Department Head: Ralph Mendoza 4-8386 (from) MAR 28 20T1 Additional Information Contact: City secratary of tbl Ralph Mendoza 4-8386 city of Fc•1 W'17.