HomeMy WebLinkAboutContract 47097 V Lkz
AGREEMENT FOR SCHOOL SECURITY SERVICES
LENA POPE HOME
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 Valerie R.
Washington, its duly authorized Assistant City Manager, and the Lena Pope Home, a non-profit
organization located in Tarrant County ("Agency"), acting by and through Todd Landry, its duly
authorized Executive Director.
RECITALS
WHEREAS, the citizens of Fort Worth and the City Council have determined that the
security of students is paramount;
WHEREAS, Agency wishes to participate in the School Security Initiative Program ("SSI
Program") through which City provides school security to participating Agencies with facilities
within the City's city limits using City's police officers; and
WHEREAS, City will receive funds through the Fort Worth Crime Control and Prevention
District ("CCPD") to assist in funding City's portion of the SSI Program costs.
NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements
herein expressed, the parties agree as follows:
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Agreement for the SSI Program
2. Exhibit A— Scope of Services
3. Exhibit B —Payment Schedule
Exhibits A and B, attached hereto are incorporated herein and made a part of this Agreement for all
purposes. In the event of any conflict between the terms and conditions of Exhibits A and B and the
terms and conditions set forth in the body of this Agreement, the terms and conditions set forth in
the body of this Interlocal Agreement shall control.
The term "Agency" shall include the Agency, and its officers, agents, employees, representatives,
servants, contractors or subcontractors.
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The term "City" shall include its officers, employees, agents, and representatives.
1. SCOPE OF SERVICES.
City hereby agrees to provide the Agency with school security services for the purpose of
creating a safe educational environment, in partnership with the Agency. The City will provide
Fort Worth Police Department ("FWPD") officers at Agency schools within the city limits of Fort
Worth. The Agency 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, 2015 ("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 Agency shall pay City $83,698.42 in accordance with the provisions of this Agreement
and the Payment Schedule attached as "Exhibit B". Such Agreement amount is based upon fixed
expenditures for personnel and operating costs for police officers assigned to the SSI Program. The
Agreement amount represents 50% of all personnel and operating costs incurred by the City for the
one (1) police officers, which does not include the command staff, assigned to the Agency. The
Agreement amount also includes the Agency's proportional share of the personnel, training and
operating costs of the FWPD command staff that oversee the SSI Program. The command staff
costs are shared by all participating Agencies, and the participating Agencies pay a proportional
amount of the command staff costs based on the number of SSI Program officers assigned to each
participating Agency. The command staff includes one (1) detective, five (5) sergeants, two (2)
relief police officers, and one (1) lieutenant assigned to the SSI Program. In addition, the
Agreement amount includes the Agency's proportional share of the administrative operating fees of
SSI-assigned patrol vehicles.
In the event that an officer is on leave due to an occupational injury, the Agreement
Amount shall not be reduced or amended due to such absence unless agreed by both parties in
writing.
It is understood and agreed that Agency shall remit funds to the City within thirty (30)
calendar days following receipt of an official invoice. Invoices shall be provided by City to Agency
on a monthly basis.
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4. TERMINATION.
4.1 CCPD Funds
This Agreement is wholly conditioned upon the actual receipt by City of Program
Funds from the CCPD. In the event that funds from the CCPD are not timely received, in
whole or in part, City may, at its sole discretion, terminate this Agreement and City shall not
be liable for payment for any work or services performed by Agency under or in connection
with this Agreement.
4.2 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.
4.3 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 Agency 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.
4.5 Duties and Obligations of the Parties.
In the event that this Agreement is terminated prior to the Expiration Date, the
Agency shall pay City for services actually rendered up to the effective date of termination
and City shall continue to provide the Agency with services requested by the Agency 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 Agency a final
invoice for the appropriately prorated unpaid balance due on the Agreement Amount for
services rendered and Agency 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. Agency hereby warrants to the City that Agency 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 Date of this
Agreement, Agency hereby agrees immediately to make full disclosure to the City in writing.
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5.2 Confidential Information. Agency, 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. Agency 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. Agency 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, Agency 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 Agency, or any Agency 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, Agency 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.
Agency agrees that the City shall, until the expiration of three years after final payment
under this Agreement, 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 Agency involving transactions relating to this Agreement at
no additional cost to the City. Agency agrees that the City shall have access during normal
working hours to all necessary Agency 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 Agency reasonable advance notice of intended audits.
7. INDEPENDENT CONTRACTOR.
Agency 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 Agency. City shall be solely responsible for the acts and
omissions of its officers, members, agents, servants, and employees. Agency shall be solely
responsible for the acts and omissions of its officers, members, agents, servants, and employees.
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Neither City nor Agency shall be responsible under the Doctrine of Respondent 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
Agency.
8. PROPERTY LOSS.
City shall in no way nor under any circumstances be responsible for any property belonging
to Agency, 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 Agency 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. LIABILITYANDEMNIFICATION.
AGENCY SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS,
PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE
EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR
INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR
EMPLOYEES.
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AGENCY AGREES TO DEFEND, INDEMNIFY, AND HOLD THE CITY, ITS OFFICERS,
AGENTS, SERVANTS, AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS,
LAWSUITS, ACTIONS, COSTS, AND EXPENSES OF ANY HIND, INCLUDING, BUT NOT
LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED
DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY RESULTING LOST PROFITS)
AND/OR PERSONAL INJURY (INCLUDING DEATH) THAT MAY RELATE TO, ARISE OUT
OF, OR BE OCCASIONED BY (I) AGENCY'S BREACH OF ANY OF THE TERMS OR
PROVISIONS OF THIS AGREEMENT OR (II) ANY NEGLIGENT ACT OR OMISSION OR
INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES,
EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY), OR SUBCONTRACTORS
RELATED TO THE PERFORMANCE OF THIS AGREEMENT; EXCEPT THAT THE
INDEMNITY PROVIDED FOR IN THIS SECTION SHALL NOT APPLY TO ANY LIABILITY
RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS, AGENTS,
EMPLOYEES, OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND
CONCURRENT NEGLIGENCE OF BOTH AGENCY AND CITY, RESPONSIBILITY, IF ANY,
SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE
STATE OF TEXAS. NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE
CITY'S GOVERNMENTAL IMMUNITY AS FURTHER PROVIDED BY THE LAWS OF TEXAS.
Section 10 shall survive the termination of expiration of this Agreement.
11. NON-DISCRIMINATION COVENANT.
Agency, for itself, its personal representatives, assigns, subcontractors and successors in
interest, as part of the consideration herein, agrees that in the performance of Agency'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 Agency, its personal representatives, assigns, subcontractors or
successors in interest, Agency agrees to assume such liability and to indemnify and defend the City
and hold the City harmless from such claim.
Section 11 shall survive the termination or expiration of this Agreement.
12. 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:
City of Fort Worth Lena Pope Home
Attn: Valerie R. Washington Attn: Todd Landry
Assistant City Manager Executive Director
1000 Throckmorton 3131 Sanquient St.
Fort Worth, Texas 76102-6311 Fort Worth, TX 76107
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With Copy to the City Attorney
At same address
13. 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.
14. NO WAIVER.
The failure of the City or Agency 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
Agency's respective right to insist upon appropriate performance or to assert any such right on any
future occasion.
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 Agency
Court for the Northern Agency 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 Agency 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.
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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 Agency 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 Agency 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 Exhibits A and B, contains the entire understanding and
agreement between the City and Agency, 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.
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APPROVED AND AGREED FOR CITY
OF FORT WORTH
Valerie R. Washington
Assistant City Manager
Date: .o
APPROVED AND AGREED FOR
LENA POPE )BIOME,,INC.
APPROVAL RECOMMENDED
w° 'Todd Landry
Rhonda K. Robertson Chief Executive Officer
Chief of Police �
Date:
Date: O
APPROVED AS TO FORM AND
LEGALITY FOR CITY OF FORT Pi i
WORTH Mary J. Rays
City Secretary'�
oAssistaritityttorney MC No. '
Date:- 0,kv
d �...
OFFICIAL. REC9)41,13,
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EXHIBIT A
SCOPE OF SERVICES
1. City, through the commander of the SSI Program, shall assign FWPD officers to specific
schools within the Agency to provide school security and officers shall work directly
with the Agency's school principals.
2. There shall be one (1) City police officers assigned to the Agency for the SSI Program.
In addition, there shall be a command staff comprised of one (1) detective, five (5)
sergeants, two (2) relief police officers, and one (1) lieutenant assigned to the SSI
Program. The Lieutenant shall command the SSI Program. . Additional officers will not
be provided to Agency during the Term of the Agreement. The Agency shall submit a
written request for additional Police Officers to City ten (10) 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 the City, in its sole
discretion, deems necessary.
4. City shall coordinate assignment and duty hours with Agency. If necessary, to handle
unplanned absences at schools, FWPD officers from other units may be assigned
temporarily to provide coverage. City shall not provide replacements for officers who are
on leave due to an occupational injury. Replacement officers, when available, will be
assigned to Agency 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. Agency shall
provide any radio equipment necessary to allow the assigned officers to communicate
with Agency 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 Agency to provide relevant information and
excerpts from the plan necessary for implementation. City's Chief of Police shall
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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.
f,
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EXHIBIT B
PAYMENT SCHEDULE
Agency will remit 11 payments at $6,974.86 per month within 30 days of receipt of an invoice
from the City and a final payment due in the amount of$6,974.96.
$6,974.86 x 11 = $76,723.46
Final Payment= $ 6,974.96
Total Payments $83,698.42
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9/16/2015 M&C Review
Official site of the City of Fort Worth,Texas
FU WORTIj
CITY COUNCIL AGENDA �T
COUNCIL ACTION: Approved on 9/15/2015
DATE: 9/15/2015 REFERENCE C-27467 LOG NAME: 35SCHOOL SECURITY INITIATIVE
NO.: CONTRACTS FY 2016
CODE: C TYPE: NON- PUBLIC NO
CONSENTHEARING:
SUBJECT: Authorize the Execution of Agreements with Fort Worth, Crowley, Eagle/Mountain Saginaw
and Lake Worth Independent School Districts and Lena Pope Home, Inc., to Operate the
School Security Initiative Program for Fiscal Year 2016 in the Amount of$4,770,809.83 (ALL
COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of the School Security Initiative
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 Fiscal
Year 2016 in the amount of$4,770,809.83.
DISCUSSION:
The Fort Worth Police Department (FWPD), area school districts, and the Lena Pope Home work
together to provide youth with a safe educational environment. The School Security Initiative Program
(Program) provides FWPD officers to schools within the city limits of Fort Worth. The Crime Control
and Prevention District (CCPD) funds 66 sworn positions and costs related to training, weapons,
equipment, and supplies. The participating school districts (ISD) and the Lena Pope Home reimburse
CCPD for 50 percent of the operating and personnel costs for 57 of the 66 positions. CCPD will
receive a 100 percent reimbursement of the operational and personnel costs for the remaining nine
supervisor and relief positions.
Serving in a dynamic position, the School Security Initiative (SSI) officers must be sensitive to the varied
needs of students and staff, while also remaining prepared to carry out law enforcement duties at a
moment's notice. In the summer months, SSI officers complete rigorous training to prepare them for the
upcoming school year.
During the term of the Agreements, which is October 1, 2015 through September 30, 2016 officers will
be assigned as follows:
Fort Worth ISD will have forty-three assigned officers at a cost of $3,599,031.97;
Eagle Mountain/Saginaw ISD will have five assigned officers at a cost of $418,492.09;
Crowley ISD will have four assigned officers at a cost of $334,793.67;
Keller ISD will have three assigned officers at a cost of $251,095.25;
Lake Worth ISD will have one assigned officer at a cost of $83,698.42; and
Lena Pope Home will have one assigned officer at a cost of $83,698.42.
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
$4,770,809.83.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that, contingent upon adoption of the FY2016
Budget by the City Council, funds will be available in the FY2016 Budget of the Crime Control and
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