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HomeMy WebLinkAboutContract 34060 •- — _ �'"'�� eETF FtY OQ� STATE OF TEXAS § COUNTY OF TARRANT § INTERLOCAL AGREEMENT T is NTERLOCAL AGREEMENT is made and entered into this the day of , 2006, by and between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas, located within Tarrant, Denton and Wise 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 majority of criminal justice experts agree that truancy can lead to victimization, criminal acts, drug abuse, teen pregnancy, and illiteracy; all which are deterrents to student opportunity and success; and WHEREAS, early intervention in truancy behavior and referral to the court is necessary in order to encourage students to attend school on a regular basis; and WHEREAS, while the City of Fort worth can hear cases within its existing municipal court system, the Fort Worth Independent School District and the City of Fort Worth determined that a dedicated court is effective in discouraging truancy; and WHEREAS, the Fort Worth Independent School District and the City of Fort Worth, established a Municipal Court entitled "School Attendance Court," funded by the Fort Worth Independent School District to hear all FWISD truancy cases and both parties authorize and agree to the execution of this Agreement; and WHEREAS, the establishment of the School Attendance Court resulted in offenses being heard quickly and consistent punishment from case to case; and WHEREAS, the City Council of Fort Worth and the Fort Worth Independent School District Board of Trustees determined that the continued need for expedient, consistent, and equitable sanctions for all truancy offenses is of paramount importance to both government entities. ^ e NOW THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: AGREEMENT 1. ADMINISTRATION. CITY and FWISD covenant and agree to fully cooperate in operation of the Attendance Court and both parties consent, under the terms of this Agreement, to the following: A. The School Attendance Court ("Court") shall be conducted on a schedule and a location agreed upon by the parties. FWISD shall provide, at no cost to the CITY, a site reasonably acceptable to the CITY, for the School Attendance Court. CITY municipal court personnel, as determined by the designated City representative in Subsection G. below, shall have full access to any areas of the FWISD School Attendance Court for conducting the day-to-day administration of the Court. B. A Municipal Court Judge, who is a licensed attorney in good standing in the State of Texas, shall be selected by the City Council according to the Texas Government Code (Texas Government Code §30.00381 et seq. (Vernon Supp 2000)), the City of Fort Worth Charter and Ordinances to preside over all FWISD truancy cases presented to School Attendance Court C. The CITY shall be responsible for the day-to-day administration of the School Attendance Court and the selection of all necessary personnel necessary, for the effective operation of the Court. The CITY shall determine which City municipal court personnel shall be assigned to the Court. Said personnel shall possess the necessary qualifications and skill sets to perform the required duties, including bilingual skills when necessary. FWISD understands that the CITY may re-assign City personnel as the CITY deems necessary for the effective and efficient operation of the Court and FWISD agrees to fully support any assignment decisions made by the CITY. CITY agrees to provide to FWISD reports of court activity in a format and on a schedule as agreed upon between the parties. D. FWISD and the CITY understand that the Municipal Court Judge is duty- bound by the Code of Judicial Conduct and must perform his/her judicial duties so that the integrity, impartiality and independence of the judiciary are preserved. E. The act of providing funding for the School Attendance Court will not influence the judicial conduct or judgment of the appointed Judge nor does it create, in any manner, a relationship between FWISD and the Judge or any other courtroom personnel. v� �ic-11 L P C oilLD 2 F. The City Manager, or designee and the Fort Worth Independent School District Superintendent, or her designee, shall meet four times a year on a quarterly basis, including once during the month of June, to discuss concerns related to the current operation of the Court and the location of the Court for the next contract year at its current location or at a city-owned and operated facility. CITY agrees to coordinate with FWISD to arrange the time, location and date of the meeting, which shall be mutually acceptable. G. For the purposes of this Agreement, the City Manager, or designee, shall be the representative for the City Council of Fort Worth for administrative or operative decision-making. For the purposes of this Agreement, the Fort Worth Independent School District Superintendent, or her designee, shall be the representative for the FWISD for day-to-day administrative or operative decision- making. No later than August 31 each year, CITY and FWISD shall provide written notice to the other party of the designated representative that will be responsible for the day-to-day administration and operative decision making for the Court. 2. GOALS AND MISSION STATEMENT. A. The mission of the School Attendance Court Program shall be: To provide a court setting that will ensure students a timely referral to the court for the consistent and equitable disposition of their truancy cases. B. The goals of the School Attendance Court shall include, at a minimum: • Timely referral of students to the court for disposition • Competent jurisdiction based on knowledge of applicable laws • Consistent and equitable sanctions from one court • Expedient resumption of regular school attendance • Early intervention in juvenile behavior that is a precursor to other juvenile crime activities 3. FUNDING. A. It is agreed between FWISD and the CITY that the Fort Worth Independent School District shall pay, subject to the terms set out in Subsection B. of this section, all staffing and operational costs associated with the operation and administration of the School Attendance Court shall be as follows: 1. FWISD agrees to provide funding for all essential courtroom personnel as determined by the CITY, to include, at a minimum, a municipal court judge, senior customer service representative, human services specialist, a customer service representative, senior human services specialist, a prosecutor and four deputy city marshals. The estimated salaries and benefits for such personnel, for the year are attached and incorporated 6'� J ;J- al�rJ�D 3 a r ,1(1� ����% 6lt'' � herein as Exhibit "A". Included in the funding amount shall be group health insurance, contributions to employee retirements and incentive pay. 2. FWISD agrees to reimburse the CITY for all costs associated with the use of an assistant city attorney to prosecute cases. It is anticipated that an assistant city attorney will be needed at the Attendance Court a maximum of five (5) days per week to cover bench and jury trials. The hours and amount of time needed for the use of an assistant city attorney shall be at the discretion of and determined by the CITY. The estimated salary and benefits for such personnel for the year is attached and incorporated herein as Exhibit "A." 3. FWISD agrees to reimburse the CITY for fuel, standard maintenance, and all associated operational costs related to the vehicle funded by FWISD for use by the City of Fort Worth personnel for the day-to day operation of the Court and other Attendance court purposes. FWISD agrees to pay only fuel costs for a second City motor vehicle used used to transport juveniles to and from the court. The estimated operational costs of the vehicles for the year 2006-2007 are attached and incorporated herein as Exhibit"A." 4. FWISD shall provide supplies and other minor equipment as determined by mutual agreement between the CITY and FWISD. CITY and FWISD agree that FWISD will not be responsible for any indirect costs absorbed by the City, such costs being approximately 35% of the total operating and administrative overhead budget. CITY, at its cost, shall provide all necessary computers, printers and other auxiliary computer equipment necessary for the operation of the Court, as determined by the CITY. FWISD agrees to sign any necessary security or CITY IT-computer related agreements and provide the necessary access to the Attendance Court building for installation of the CITY computers, printers and other auxiliary computer equipment. 5. CITY agrees to submit an invoice to FWISD on or before the 15th business day of each month for services rendered by the CITY for the previous month. City agrees to notify FWISD of any necessary unbudgeted items prior to purchase by the City. FWISD agrees to submit full payment as indicated on each invoice within 45 days of receipt of the invoice. Within ten (10) working days of receipt of any disputed invoices, FWISD shall submit written notice to the CITY specifying the contested charges. Within ten (10) working days of receipt, CITY will respond with additional information. If, after receipt of additional information, the charges are still in dispute, the City Manager, or designee shall and the Fort Worth Independent School District Superintendent or her designee shall meet to TV reach a resolution to the contested charges. Failure of the City and FWISD to reach resolution of the disputed charges shall be grounds for termination pursuant to Section 5 of this Agreement. B.CITY and FWISD agree the above personnel are necessary for the smooth administration and operation of the Court in order to process a maximum of 2,400 Failure to Attend student cases and associated Parent Contributing to Non Attendance cases filed for the 2006-2007 school year. CITY and FWISD agree that all staffing and operational costs associated with the administration of a maximum 2,400 Failure to Attend student cases and associated Parent Contributing to Non Attendance cases for the Court shall be $621,630 for the 2006-2007 school year as set out in Exhibit "A". If FWISD elects to file more 2,400 Failure to Attend student cases and associated Parent Contributing to Non Attendance cases for the 2006-2007 school year, FWISD agrees to pay 1% of the adopted budget per 100 cases to cover the additional staffing and operational costs associated with the increased caseload. CITY agrees to submit a proposed budget for the next Attendance Court calendar year to FWISD no later than April 1 of each year. C. In order for the CITY and FWISD to be able to address budgetary needs in future years related to staffing and operational costs associated with the administration of a maximum 2,400 Failure to Attend student cases filed per semester at the School Attendance Court, the base operational costs of$621,630.00 cited in Subsection B above shall be increased each year as set out in Exhibit "B" attached and incorporated into this Agreement. This amount reflects the funds required by FWISD to cover the estimated salaries and benefits for all City courtroom personnel essential for the Court. The foregoing adjustments will be increased by the applicable CPI adjustment for the respective fiscal years. D. FWISD and CITY agree that all contractual payments provided herein fairly compensate the CITY for the services and functions performed under this Agreement. E. FWISD agrees and understands that under §791.011 of the Local Government Code, payment for the performance of the governmental functions or services under this Agreement must be made from current revenues available to the CITY. 4. TERM. The term of this agreement is for a period beginning on October 1, 2006 and ending on September 30, 2007. This contract may be renewed by agreement of both parties on an annual basis through the approval of an addendum setting the new term of the Agreement. 5 5. 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. Either party may terminate this agreement, in whole or in part, at any time and for any reason, upon receipt of 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. 6. COURTROOM. FWISD will provide, at the sole cost and expense to FWISD, courtroom space and facilities on FWISD owned property within the City of Fort Worth, which conforms to accepted courtroom standards to conduct the School Attendance Court and shall provide CITY court personnel access to said courtroom, assigned administrative offices and selected spaces-within the Attendance Court Building. 7. USE OF COURTROOM. The courtroom, offices, waiting areas, holding cells and other space related to School Attendance Court (which shall be located on the first floor of the new building) shall be used to conduct hearings and proceedings related to FWISD truancy cases. All proceedings and hearings shall be held in accordance with the established practices and procedures of the City of Fort Worth Municipal Courts. Use of the courtroom, offices, waiting areas, holding cells and other space related to Attendance Court located on FWISD property for any other juvenile purpose other than School Attendance Court shall be mutually agreed upon between the FWISD designee and the CITY designee as set out in Section 1G of this Agreement. In no event shall these areas be used for any purpose other than for juvenile use nor interfere with the operation of the School Attendance Court. FWISD and CITY agree that School Attendance Court will have priority over any other use of the courtroom, offices, waiting areas, holding cells and other space related to School Attendance Court. The CITY agrees and understands that school district employees will occupy the second floor of the FWISD building and that these employees will need access on a daily basis to the foyer and the elevator located on the first floor. CITY employees will have access to all assigned areas and offices located on the second floor. For security purposes, after hours access by the City to School Attendance Court will be coordinated through FWISD night security. 8. IMPROVEMENTS. FWISD shall have exclusive right, title and interest in all structures and improvements relating to School Attendance Court constructed by FWISD that are located on premises belonging to FWISD. The CITY retains the right, at its discretion and own cost, to add any furniture, equipment, supplies, or other items necessary for the operation of the Attendance Court. FWISD agrees that any such furniture, equipment, supplies, or other items shall remain the sole property of the CITY and may be added, changed, removed, or altered at the discretion of the CITY. The CITY retains the right, subject to the written approval of FWISD, to add any permanent improvements necessary for the operation of the Attendance Court. 9. RULES, REGULATIONS AND OPERATION. The courtroom and its premises shall be subject to the same rules, regulations and methods of operation as other municipal courtrooms operated by the City of Fort Worth. The CITY and FWISD shall comply with all ordinances and regulations of the CITY of Fort Worth, the laws of the State of Texas and of the United States of America applicable to the use of said premises. In order to assure the safety of school and city personnel and persons attending the Court, CITY and FWISD personnel entering the Court area shall be required to submit to security measures as determined necessary by the City Marshal. 10. ALLOCATION OF FINES. Any fines collected as a result of truancy violations will be allocated between FWISD and the CITY according to state law. Any allocation of fines not dictated by state law will be according to the current established procedures of the Municipal Court of the CITY. City will pay any fines due and owing FWISD by U.S. MAIL to the Assistant Superintendent in the month following the reporting quarter. 11. RELEASE OF STUDENT EDUCATION RECORDS. To the extent permitted by law, FWISD agrees to release and make available any information from a student's education record to the presiding judge over the School Attendance Court. 12. INDEPENDENT CONTRACTOR. CITY shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of the FWISD. FWISD shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of the CITY. CITY shall have the exclusive control of, and the exclusive right to control the work designated to the CITY 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, 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, employees, or officers of the other. It is understood and agreed that the FWISD is not involved as a party to any activities that may be carried on by CITY pursuant to this agreement. No provision of this agreement shall operate or be construed as a waiver by either party of any immunity from liability which it has or could be asserted under the doctrine of governmental immunity or any other immunity which it has under law. 7 13. DAMAGES OR LAWSUIT. A. FWISD and CITY agrees to notify the other promptly upon the receipt of any claim or lawsuit brought in connection with any injury, death or damages on the premises. FWISD and the CITY agree to make its officers, agents, and employees available at all reasonable times for any statements and case preparation necessary for the defense of any claims or litigation for which the CITY or FWISD may be responsible hereunder. B. Nothing herein shall be deemed to constitute a waiver of any immunity or affirmative defense, which may be asserted by FWISD or the CITY as to any claim of any third party. C. Nothing herein shall be construed in any manner, to create a cause of action for the benefit of any person not a party to this Agreement, or to create any rights for the benefit of any person not a party to this Agreement not otherwise existing at law. 14. 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, national origin or sexual orientation nor will CITY or FWISD permit its agents, employees, subcontractors or program participants to engage in such discrimination. 15. 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. 16. 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 extent of any other breach of the same or any other term, condition, provision, or covenant contained herein or the right of the parties to assert or rely upon any such term. MUM G' a B 17. 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. 18. 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. 19. 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 parties hereto have executed this agyeement in iIt' les in Fort Worth, Tarrant County, Texas, this the day of �, ' 2006. ATTEST: CITY OF FORT WORTH PAC�d City Se tary Karen L. Montgomery 1o/ Assistant City Manager <�` APPROVED AS TO FORM AND LEGALITY: By: Assistant Cit Attorney Clyrac _ AUthorizatioa C D,.9t P IVINTY ;j iU � � , YEN. 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Authorize the City Manager to execute a renewal of the Interlocal Agreement with the Fort Worth Independent School District (FWISD) for the City to provide a School Attendance Court to adjudicate FWISD truancy cases; and 2. Authorize the City Manager to accept reimbursement from the Fort Worth Independent School District in the amount of $621,630.00 for all personnel and other costs associated with operation of the above- mentioned School Attendance Court in FY2006-2007. DISCUSSION: The Comprehensive Truancy Intervention Program (CTIP) is a joint effort of the Fort Worth Independent School District, the Tarrant County District Attorney's Office and the Fort Worth Police Department. Program objectives, designed to aggressively address the truancy problem, include various efforts by FWISD to encourage school attendance. Students who are truant are subject to the filing of a Class C Misdemeanor offense against them and their parents. The FWISD requested that the City provide an Attendance Court dedicated to hear truancy cases only. Effective with the creation of the School Attendance Court on February 20, 2001, (M&C C-18472) all FWISD truancy cases have been processed in this dedicated Municipal Court. FWISD agrees to reimburse the City for all personnel and other operational costs, except for computer- related costs, associated with implementation and operation of the Attendance Court. The Attendance Court site is provided by the FWISD at no cost to the City. The estimated operating cost for the Attendance Court for Fiscal Year 2006-2007 is approximately $621,630.00. The Interlocal Agreement provides that: a) The Attendance Court established under the Fort Worth Municipal Court will have primary jurisdiction over all FWISD truancy cases; b) FWISD will fund all costs associated with the operation of the School Attendance Court to include staff salaries and other operational costs (with the exception of computer-related costs); c) Any fines collected from truancy violations will be allocated between the FWISD and the City in accordance with State law; http://www.cfwnet.org/council_packet/Reports/mc_print.asp 12/4/2006 Page 2 of 2 d) FWISD will provide, at the sole cost and expense to FWISD, courtroom space and facilities on FWISD owned property within the City of Fort Worth, which conforms to accepted courtroom standards to conduct School Attendance Court proceedings and shall provide court personnel access to said courtroom, assigned administrative offices and selected spaces within the Attendance Court Building; and e) The term of this agreement is for a period beginning on October 1, 2006 and ending September 30, 2007. The Interlocal Agreement was approved by the FWISD School Board on July 25, 2006. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the FY2006-2007 operating budget, as appropriated, of the General Fund for this program. The Municipal Court will be responsible for the collection of all reimbursements due to the City. TO Fund/Account/Centers FROM Fund/Account/Centers GG01 431120 0381000 $621,630.00 GG01 (5 VARIOUS) 0381000 $621,630.00 Submitted for City Manager's Office by: Karen Montgomery (6222) Originating Department Head: Elsa Paniagua (6711) Additional Information Contact: Elsa Paniagua (6711) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 12/4/2006