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HomeMy WebLinkAboutContract 34816�li"Y SECRLiqRI� CONTRACT B�� e CONSENT AGENDA ITEM BOARD MEETING December 12, 2006 TOPIC: INTERLOCAL AGREEMENT FOR CITY-PROVIDED SERVICES TO FORT WORTH AFTER SCHOOL FOR 2006-2007 BACKGROUND: A contractual relationship exists between the District and each of the community agencies and organizations that provide programs and services through the Fort Worth After School program. To establish the City as a program provider at Como Elementary School, an agreement was written which outlines the respective and mutual responsibilities of the District and the City in the funding and administration of the after- school program at this site. Funds for these services have been budgeted and committed. Copies of the agreement are attached. ALTERNATIVES: 1. Approve the Interlocal Agreement. 2. Decline to approve the Interlocal Agreement. 3. Remand to staff for further study. SUPERINTENDENT'S RECOMMENDATION: Approve the Interlocal Agreement. FUNDING SOURCE: FWISD — General Fund: $48,970 COST: There are no additional costs associated with this agreement. Funding for this site is derived from the $2.4M allocated to the Fort Worth After School program. The Board approved utilization of these funds on July 25, 2006 (Bid No. 04-204). RATIONALE: This agreement establishes a service provision agreement between the District and the City to provide an after-school program and services to students at Como Elementary School for the 2006-2007 school year. INFORMATION SOURCES: Miguel Garcia, Jr. � �"„r�j;V,�;�;� '?!!��1�)�'� �`J' ' <� � �,.� ��r�,� � c v�� U J'zL o�l� l�,'`-��1�` �� �� ;�' .�lr ���Z ��'�� `;:,' �� rc � �. U� . , .., , 1NTERLOCAL AGREEMENT BETWEEN FORT WORTH INDEPENDENT SCHOOL DISTRICT AND THE CITY OF FORT WORTH This INTERLOCAL 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 Tar��ant, Denton, Parlcer and Wise Counties, Te�as (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 Teaas 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 Secr•etary 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 Numbei• 26179, has designated the CITY, through its Parks and Community Services Department, to provide the after school program at Como Elementary School; WHEREAS, since 2000, the CITY and FWISD have entered into agreement for the after school program at Como Elementai�y School and the City and FWISD desire to continue the program for the 2006- 2007 school year; 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 tluough 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 program at Como Elementary School pursuant to the terms of City Secretary Contract No. 26179. The Coordinating Board, as established under City Secretary Contract No. 26179, shall oversee the implementation and operation of said programs. 2. GOALS AND MISSION STATEMENT. The mission of the After-School Program at Como 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 homeworlc 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 ineasurement. ➢ To ensure that existing programs are not duplicated, or if appropriate, are expanded or complimented through an inventory and evaluation of existing programs. 3. FLTNDING. FWISD agrees to pay the CITY Forty Eight Thousand Nine Hundred Seventy Dollars and 00/100 ($48,970.00) to fund the operation of the After-School Program at Como Elementary School. Pursuant to 791.011 of the Interlocal Cooperation Act, each party paying for performance of governmental functions or services must malce those payments from current revenues available to the paying party. Payments will be due within 30 days from receipt of invoice. 2 4. TERM. The term of this agreement is for a period beginning on August 1, 2006, and ending on July 31, 2007 and shall cover the entire 2006-2007 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, any additional school sites and payment for said after-school programs can be added to the addendum by mutual agreement of the parties. 5. NON-APPROPIATION OF FIJNDS. It is expressly understood and agreed between the parties that this agreement is wholly conditioned upon the actual receipt by the CITY of funds from the Fort Worth Crime Control and Prevention District. If for any reason, at any time during any term of this Agreement, the City Council fails to appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the City may terminate this Agreement to be effective on the later of (i) thirty (30) days following delivery by the City to FWISD of written notice of the City's intention to terminate or (ii) the last date for which funding has been appropriated by the City Council for the purposes set forth in this 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 immediafely 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 worlc 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 worlc 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 3 �,�2 �I���,il �n!'��a�i,���.�—� �� r��::,,.`. t.�5v J.�.� i�;�s'iI^�i U5 /-':;���Cj?I�t+rI� 1. �j . 11�✓ �.:Il`. ��' I�% Y l�2 , -' -, -.;,:.;�,;.`;�;i, �Li', � ::'v 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 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. Certificates of Insurance must show that the CITY is named as an Additional Insured, and that the policy is endorsed with a Waiver of Subrogation in favor of the CITY. 11. CLAIMS, WAIVER OF IMMUNITY. FWISD and CITY agree to notify the other promptly upon the receipt of any claim or lawsuit brought in connection with any injury, death or damages related to this Agreement. FWISD and CITY agree to malce its officers, agents, and employees available at all reasonable times or any statements and case preparation necessary for the defense of any claims or litigation for which the other party may be responsible hereunder. 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. 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, oi• to create any rights for the benefit of any person not a party to this Agreement not otherwise existing at law. FWISD agrees to require its contractors to furnish the CITY with certificate of insurance, acceptable to the CITY, as proof that they secured and paid for a policy of commercial liability insurance covering all public risks related toworlc performed under this Agreement. , 2 �, o ,.� ,:, �, n �ri' �:, ��� L� )v',I � .�:'�� U.�'. C r ' �-��C �'ip� � ` jr��� 4 g CJ��^� L'`�`��id�� �'.JSdJ.�' If r�cJ ,,^ r, U, tI-I� -p:� �} � �.�J� `I J �1 ` �' U '1 !I ..f �� �. I �� )'� � � u✓�,e 12. FORCE MAJEURE. It is expressly understood and agreed by the parties to this Agreement that if the performance of any obligations hereunder is delayed by reason of war; civil commotion; acts of God; inclement weather; governmental restrictions, regulations, or interferences; fires; strikes; lockouts, national disasters; riots; material or labor restrictions; transportation problems; or any other circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or• not, the party so obligated or permitted shall be excused from doing oi� perfor�ming the same during such period of delay, so that the time period applicable to such design or construction requirement shall be extended for a period of time equal to the period such party was delayed. 13. HOMELAND SECURITY. If the United States Department of Homeland Security issues a Level Oran e or Level Red Alert, City, in its sole discretion, after consultation with Licensee, may cancel or postpone any scheduled event in the interest of public safety. If City cancels the event, Licensee will be entitled to a refund of any prior fees paid to the City. 14. PARTIES BOLTND.This Agreement shall be binding upon the successors and assigns of both parties in lilce manner as upon the original parties. 15. SIGNATURE AUTHORITY. FWISD certifies that the person signing this Agreement has been properly delegated this authority. 16. 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. 17. 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. 18. 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. 5 IN WITNESS WHEREOF, the parti s hereto have executed this agreement in multiples in Fort Worth, Tarrant County, Texas this �-Fhday of , 200�7 ATTEST: �Yl City Secretary APPROVED AS TO FORM AND LEGALITY �---�' 7 By:� � / � � ��-� Assistant City A orney Date; / z� � r%l�-'.? �C'-?��Z�/ ATTEST: Contract Authorization l' � � Date CITY O FORT WORTH ; By: Libby 6�atson Assistant City Manager Attorney for Fort Worth;� � Independent School Dis�rict / � i Date: ( "�/ (J� ��Cr1 i FORT WORTH 1NDEPENDENT SCHOOL DISTRICT � : ;' '� ; - 1 ,^ , �,r�J����- � �:��vti� ,� )��,,i ?��'�,'1�52,'r,� i �JJ L � �i'��r� 1c�_ II ,,1 �� :��; " : `i''I ti':� ��° � � a .. �:i1:i'�.� �ii:� ���`u�a r-, �.__.�_ _._ STATE OF TEXAS COUNTY OF TARFZANT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Libby watsor� lcnown to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same as the act of the City of Fort Worth and that he 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE, � ?� L.-y'GG• �v , 2OOf�' / ;�,i�"�P�;; ROSELLABARNES °*: "- MY COMMISSION EXPIRES ' March 31, 2009 ;j�'��9 �� �''`` STATE OF TEXAS COUNTY OF TARRANT this �f� day of �� ������%�:� =����' Notary Public in and for the State of Texas BEFORE ME, the undersigned authority, a Notary Public in and for the State of f E� ,�� , on this day personally appeared Melody Johnson, Superintendent, lcnown to me to be the person whose name is subscribed to the foregoing instrument, and acicnowledged 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 authorized officer or representative. GIVEN LTNDER MY HAND AND SEAL OF OFFICE, this /� day of ,�,,�-,,„G-�.� , 2006 � � � ,�� I�otary ublic in and for the State of ,-,, �, � � _- � �- _ , , �,t,,, �. � :� . Texas � , _ ��Y��'. � „�. -_ - ��3 � c,;�" _ `'��� d�aYL� �. 111f�L�.IRMS ; , � t�c�tary Pu�lic , N�, i�ATC CJF i�XA� Ci y� pF'C ' BL�y CUf111T1. �};�}. 08��%�2�Q8 ,�,s-'a-a \ ��;;...�':,p- .C,�i•_,i�:4,'i��.�,S��,O �. 7 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 11/7/2006 - Ordinance No. 17262-11-2006 DATE: Tuesday, November 07, 2006 LOG NAME: 80FWISD06 REFERENCE NO.: **C-21824 SUBJECT: Authorization to Enter into an Agreement with the Fort Worth Independent School District, for the Operation of the Fort Worth After School Program at Como Elementary School, for the 2006-2007 School Year; and Adoption of Supplemental Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to enter into an agreement with the Fort Worth Independent School District to provide the Fort Worth After School Program at Como Elementary School for the 2006-2007 school year; and 2. Adopt the attached supplemental appropriation ordinance increasing estimated receipts and appropriations in the amount of $48,970.00 in the General Fund. DISCUSSION: On August 8, 2000, (M&C C-18183) the City Council authorized an agreement with the Fort Worth Independent School District (FWISD) to form a partnership between the City and FWISD for the operation of an after school program at selected schools to serve as a juvenile crime prevention measure. The program has grown from one site to three sites and now includes 21 st Century grant funding. The Parks and Community Services Department has provided this program at the Como Elementary School site. Both the City and FWISD wish to continue this arrangement. The City will receive $48,970.00 to operate the Fort Worth After School Program at Como Elementary for the school year 2006-2007. The school served by this agreement is located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendation and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the General Fund. The Parks and Community Services Department is respohsible for the collection and deposit of funds from this agreement. TO Fund/Account/Centers FROM Fund/Account/Centers GG01 488100 0801000 $48,970.00 GG01 5VARIOUS 0800523 $48,970.00 http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 1/9/2007 GG01 SVARIOUS 0800523 �48,970.00 Submitted for City Manager's Office bv• Originating Department Head: Additional Information Contact: Libby Watson (6183) Melody Mitchell (Acting) (5704) Leona T. Johnson (5775) Page 2 of 2 httn://www.cfwnet.or�/council nacket/Renorts/mc nrint.asn 1/9/2007