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HomeMy WebLinkAboutContract 26734 CITY SECRETARY CONTRACT NO. ' INTERLOCAL AGREEMENT BETWEEN FORT WORTH INDEPENDENT SCHOOL DISTRICT AND THE CITY OF FORT WORTH This INTERLOCAL AGREEMENT is made and entered into this the ytk day of JIM 2001 by and between the CITY OF FORT WORTH, a home rule municipal corporatio of the State of Texas, located within Tarrant and Denton Counties, Texas (Hereinafter referred to as the "CITY") and the BOARD OF TRUSTEES of the FORT WORTH INDEPENDENT SCHOOL DISTRICT, a political subdivision of the State of Texas and a legally constituted Independent School District located within Tarrant County, Texas. (Hereinafter referred to as the "FWISD"). RECITALS This Agreement is made under the authority granted to the CITY and the FWISD by and pursuant to the Texas Government Code, Chapter 791, known as the INTERLOCAL COOPERATION ACT. WHEREAS, the City Council of Fort Worth and the Fort Worth Independent School District Board of Trustees have determined that the security and well-being of students at middle and elementary schools during after-school hours of 3:00 to 6:00 PM are of prime importance; and WHEREAS, the City Council of Fort Worth and the Fort Worth Independent School District Board of Trustees by consensus agree that the activities of elementary and middle school children during these critical hours are of paramount importance to both government entities; and WHEREAS, on September 13, 2000, FWISD and CITY entered into an Interlocal Agreement under City Secretary Contract Number 26179 to operate after-school programs at selected schools as a juvenile crime measure; and WHEREAS, the Coordinating Board for the FWISD, pursuant to its powers and the terms under City Secretary Contract Number 26179, has designated the CITY, through its Parks and Community Services Department, to provide the after school programs at Como Elementary School and Versia Williams Elementary School; NOW THEREFORE, in consideration of the mutual covenants herein expressed, the CITY, acting by and through its duly authorized Assistant City Manager, and FWISD, acting by and through its duly authorized superintendent, do hereby covenant and agree as follows: AGREEMENT Pursuant to the designation by the FWISD Coordinating Board under the terms of City Secretary Contract No. 26179,the CITY and FWISD agree that: 1. The CITY will implement and operate the after school programs at Como Elementary School and Versia Williams Elementary School pursuant to the terms of City Secretary Contract No. 26179. The Coordinating Board, as established under City Secretary Contra t ��II 9�'2 �,� shall oversee the implementation and operation of said programs. 10A �� icooly r0ff'�ECC"RPRP�� Vy P9a 17JV1L'�IIU ��B 2. GOALS AND MISSION STATEMENT. The mission of the After-School Program at Como Elementary School and Versia Williams Elementary School shall be: "To enable needs-based after-school programs in a safe environment that result in educational, physical, and social development for elementary and middle- school aged children." Goals of the After-School Program shall include, at a minimum: • To provide homework assistance,tutorial, and relevant educational programs • To improve the awareness of the importance of learning • To reduce the level of truancy • To address the students physical needs • To provide activities that promote social development • To reduce juvenile arrests • To reduce juvenile victims of crimes during the target hours Operational Imperatives are: • To establish program goals and objectives that are measurable and result in desired outcomes through a scientific evaluation process • To ensure that program participants achieve improvement in core program outcomes through an accountable system of measurement • To ensure that existing programs are not duplicated, or if appropriate, are expanded or complimented through an inventory and evaluation of existing programs. 3. FUNDING. 1. FWISD agrees to pay the CITY Fifty Thousand Dollars ($50,000) to fund the operation of the after-school program at Como Elementary School and 2. FWISD agrees to pay the CITY Five Thousand($5,000)to fund the after-school program at Versia Williams Elementary School. Pursuant to §791.011 of the Interlocal Cooperation Act, each party paying for performance of governmental functions or services must make those payments from current revenues available to the paying party. Payments will be due within 30 days from receipt of invoice. 4. TERM. The term of this agreement is for a period beginning on August 1, 2000, and ending on May 31, 2001, and shall cover the entire 2000-2001 school year. This contract may be renewed by both parties on an annual basis through the approval of an addendum setting a new term of the agreement and additional school sites and payment for said after-school programs can be added to the addendum by mutual agreement of the parties. 5. NON-APPROPRIATION OF FUNDS. It is expressly understood and agreed between the parties that this agreement is wholly conditioned upon the actual receipt by the CITY,_.of_fuu l f'rnm flip Fort Worth Crime Control and Prevention District. If, for any reason, such fu Worth Crime Control and Prevention District are not timely forthcoming in whole or in part, FWISD agrees and understands that the CITY may, at its sole discretion, terminate this contract and agreement. 6. TERMINATION OF AGREEMENT. If the CITY or the FWISD fails, for any reason, to perform any provision of this Agreement, this Agreement may be terminated if the default continues for a period of thirty (30) days after the notifying party notifies the defaulting party in writing of the default and its intention to declare this Agreement terminated. If the defaulting party does not cure or correct such breach within the thirty (30) day period, the notifying party shall have the right to declare this Agreement immediately terminated, and neither party shall have further responsibility or liability hereunder. This agreement may be terminated by either party, in whole or in part, at any time and for any reason, upon written notice to the other party. Such written notice shall specify to what extent the work under the contract is being terminated and the effective date of termination. 7. INDEPENDENT CONTRACTOR. FWISD shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of the CITY. FWISD shall have the exclusive control of, and the exclusive right to control the work designated to the FWISD to be performed hereunder, and all persons performing the same, and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, and employees. Neither City nor FWISD shall be responsible under the Doctrine of Respondeat Superior for the acts and omissions of its officers, members, agents, servants,employees, or officers of the other. 8. NONDISCRIMINATION. Neither the City and FWISD, 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. The CITY and FWISD, agree that in the execution, performance or attempted performance of this contract and agreement, they will not discriminate against any person or persons because of sex, race, religion, color, sexual orientation or national origin, nor will FWISD permit its agents, employees, subcontractors or program participants to engage in such discrimination. 9. 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. 10. WAIVER OF DEFAULT. No waiver by the parties hereto of any default or breach or the failure to insist upon the performance of any term, condition, provisions or covenant of this Agreement shall be deemed to be a waiver or relinquishment to any exten the same or any other term, condition, provision, or covenant contained h r parties to assert or rely upon any such term. p lla V'J��I��i�UUp ��a 11. APPLICABLE LAW. (a) This contract shall be construed in accordance with the laws of the State of Texas. (b) 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 or the Federal Court of the Northern District. 12. SOLE AGREEMENT. This written instrument constitutes the entire agreement by the parties hereto concerning the work and services to be performed and any prior or contemporaneous, oral or written agreement, which purports to vary from the terms hereof, shall be void. 13. AMENDMENT. No amendment, modification or alteration of the terms hereof shall be binding unless the same is in writing, dated subsequent to the date hereof and duly executed by the parties hereto. IN WITNESS WHEREOF, the partie, hereto have executed this agreement in multiples in Fort Worth, Tarrant County, Texas,this T day of I , 2001. AT ST: Ci Y FORT W �TH / By. City Secretary S4-6/ Libby Watson Assistant City Manager APPROVED AS TO FORM AND LEGALITY: David Yett, City Attorney �> By: C� �-t (fie, cC� ilG Assistantit Attorney Attorney forFo Worth Independent School District ,r Date: Z�/-3,0/0Date: ATTEST: FORT WORTH INDEPENDENT / SCHOOL DISTRICT Chri Stene Moss, Vice President Dr. Thomas Tocco, upermtend'ent AW Board of Education Fort Worth Independent School District (i' — /'-V/ ';q_ Contract Authorization Date Crel 9, WOO,cgI Tan 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 person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City for Fort Worth and that she executed the same as the act of the said City of Fort Worth for the purposes and consideration therein expressed and in the capacity herein stated. GJVEN UNDER MY HAND AND SEAL OF OFFICE, this c211d day of 2001 f�R P ROSELLA BARNES ?�' �':o= Notary Public in and for the State of ytl NOTARY PUBLIC State of Texas Texas 'SOF Comm.Exp.03-31-2005 STATE OF COUNTY OF BEFORE ME, the undersigned authority, a Notary Public in and for the State of , on this day personally appeared Dr. Thomas Tocco, Superintendent, known to me to be the 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 stated as its duty authorized officer or representative. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 2001 Notary Public in and for the State of Texas V�CC: L G")E(C0G,D rpll. UOJ':'UIIUp �ISWa FoP,TWOP,TH DATE: April 25, 2001 TO: Sarah Fullenwider, Assistant City Attorney Libby Watson, Assistant City Manager Gloria Pearson, City Secretary rn� FROM: Richard Zavala, Director Parks and Community Services Department SUBJECT: INTERLOCAL AGREEMENT WITH FWISD Attached are two copies of the Interlocal Agreement between the City of Fort Worth and the Fort Worth Independent School District (FWISD) for the operation of the after school programs at Como Elementary School and Versia Williams Elementary School. City Council approved this agreement on January 2, 2001, M&C C-18412. The agreement was sent to FWISD February 14, 2001. Due to personnel changes within FWISD, it was delayed in being forwarded to their administration. The FWISD attorney signed the agreement on March 30, 2001 with the Board of Trustees approving the contract at their April 10, 2001 meeting. Their other required signatures were obtained after that date. The agreements were hand-delivered to our staff on April 18, 2001. Please sign in the appropriate spaces and forward to the next person. When all have signed, please call me at 817-871-5704 to arrange final execution of the agreements. You will note that the notary public, who attested Dr. Tocco's signature, used her seal and initialed it by his signature rather than on the next page. Also, in response to a question raised at the Fort Worth After School Coordinating Board meeting, Section 4. of the contract provides a provision to renew on an annual basis. Staff will prepare the necessary paperwork to exercise this option. We will also work with the Fort Worth After School staff regarding the funding level for SY2001-2002. ;'1 ichard ZavWir Parks and Community Services Department MAY — SY a.21 FWASP.Como d� ,,,,,,Sandra -- Sandra Youngblood, Assistant Director ''e• •J�� PARKS AND COMMUNITY SERVICES DEPARTMENT THE CITY OF FORT WORTH * 4200 SOUTH FREEWAY, SUITE 2200 * FORT WORTH, TEXAS 76115-1499 (817) 871-PARK * FAx (817) 871-5724 Q*Printed on recycled paper FoFTWOFTH February 14, 2001 J r Charles Hoffinan Fort Worth After School Fort Worth Independent School District FEB 2 3 2001 100 N. University Dr. Assoc:,,L aUrL3 ;1LNDENT Fort Worth TX 76107-1360 INSTRUCTION-AREA I Dear Chuck: Enclosed are two copies of the Interlocal Agreement between the City of fort Worth and Fort Worth Independent School District(FWISD) for the operation of after school programs at Como Elementary School and Versia Williams Elementary School. I would appreciate your assistance in getting the required signatures for FWISD. Please return both copies to me. I will then obtain the required City signatures and return one copy to you for your files. If you have questions, please call me at (817) 871-5755. Sincerely, andra Youngblo , Ass' • nt Director Parks and Comm nity Services Department ��• °� PARKS AND COMMUNITY SERVICES DEPARTMENT THE CITY OF FORT WORTH * 4200 SOUTH FREEWAY, SUITE 2200 * FORT WORTH, TEXAS 76115-1499 (817) 871-PARK * FAx (817) 871-5724 i*j Printed on recycled paper City of Fort Worth, Texas 4velffor and councilCommunication DATE REFERENCE NUMBER LOG NAME PAGE 1/2/01. C-18412 80AFTER 1 of 1 SUBJECT ADOPT APPROPRIATION ORDINANCE AND A' THORI-7E INTERLOCAL AGREEMENT WITH THE FORT WORTH INDEPENDENT SCHOOL DISTRICT FOR AFTER SCHOOL PROGRAMS AT COP.O ELEMENTARY SCHOOL AND VERSIA WILLIAMS ELEMENTARY SCHOOL RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to enter into an Interlocal Agreement with the Fort Worth Independent School District (FWISD) for the After School Program at Como Elementary School and Versia Williams Elementary School; and 2. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the General Fund in the amount of$55,000. DISCUSSION: The Fort Worth Crime Control and Prevention District budget includes $1.4 million for the provision of After School Programs (ASP) at elementary or middle schools. On August 8, 2000 (M&C C-18183), the City Council approved an agreement with the FWISD to operate ASP at selected schools as a juvenile crime prevention measure. The Parks and Community Services Department will provide the After School Program to Como Elementary School and Versia Williams Elementary School. FWISD will provide $50,000 for the ASP at Como Elementary School and $5,000 for Versia Williams Elementary School. Funding for the Como program will underwrite salaries, supplies and materials. Funding for the Versia Williams program will underwrite supplies only, because existing staff from Bertha Collins Community Center conduct the program. The schools served by this agreement are located in COUNCIL DISTRICTS 7 and 8. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon adoption of the attached appropriation ordinance, funds will be available in the current operating budget of the General Fund. The Parks and Community Services Department is responsible for the collection and deposit of these funds. LW:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) GG01 481306 0801000 " $55,000.00 NP O ED Libby Watson 6183 0001 Various 0807023 $50,000.00 QTY Originating Department Head: GG01 Various 080827 $ 5,000.00 JAN 2 2001 Richard Zavala 5704 (from) �lpe..,l7�iw•�.i Additional Information Contact: City secretary of the City of Fort W...:.'y Te.. Richard Zavala 5704 Adopted Ordinance N6.•-tyg7/