HomeMy WebLinkAboutContract 36091 U=`_' SECRETARY
'=0`')TF?ACT NO.
CONSENT AGENDA ITEM
BOARD MEETING
October 9,2007
TOPIC: INTERLOCAL AGREEMENT FOR CITY-PROVIDED SERVICES TO
FORT WORTH AFTER SCHOOL FOR 2007-2008
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 24, 2007 (Bid No. 04-204A).
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 2007-2008 school year.
INFORMATION SOURCES:
Miguel Garcia, Jr. N �,
INTERLOCAL 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
2007, 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 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 program at Como 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 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 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 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 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 September 1, 2007,
and ending on(August 31, 2008 and shall cover the entire 2007-2008 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 FUNDS. 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 If
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 ccupational 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 ngage in such discrimination.
9. SEVERABILI Y. 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.
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. AMENDEMENT. 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 W EREOF, the pa s ereto hqvV execut d t is agreement in multiples
in Fort Worth, Tarrant C unty, Texas this lday of 0 , 2007.
ATTEST: CITY OF FORT WORTH
f
City cretary Libby Wa on
Assistant City Manager
APPROVED AS TO FORM
AND LEGALITY
David Yett City Attorney iA
11
d
By:
Cit Assistant y ttorney Attorney for FWorth
Independent h o is ict
Date: /////Q Date: (� alo'
T�—
All
C ��� y7 FORT WORTH INDEPENDENT
SCHOOL DISTRICT
By:
221 L/%.---------
Dr. Melody rdc
nson,S n ndent
Fort Worthpende chool District
ATTEST:
Contract Authorization
�Q rty��%��1�✓l-Date T.A. Sims—Board Secretary
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME,I 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 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.
{ — GIV N UNDER MY HAND AND SEAL OF OFFICE, this day of
, 200�8"�
ANA L.
Notary Pubs
+� MY coos.
Mara Public in and for the State of Texas
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
, on this day personally appeared Melody Johnson, 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 authorized
officer or representative.
-Fi
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
4,L4 ,-2046 a o a `7
GU
otary Public in and for the State
2° GAYLE L.WILLIAMS of Texas
t Notary Public
u STATE OF TEXAS
My Comm.UP.08/07/2008
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/28/2007 - Ord. No. 17736-08-2007
DATE: Tuesday, August 28, 2007
LOG NAME: 80FWISD07 REFERENCE NO.: **C-22347
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 2007-2008
School Year and Adoption of a 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 2007-2008 school year;
and
2. Adopt the attached supplemental appropriation ordinance increasing estimated receipts and
appropriations in the amount of$48,970 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 Parks
and Community Services Department provides this program at the Como Elementary School site. Both the
City and FWISD wish to continue this arrangement.
The City will receive $48,970 to operate the Fort Worth After School Program at Como Elementary for the
school year 2007-2008.
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 supplemental appropriation ordinance, funds will be available in the current operating budget, as
appropriated, of the General Fund. The Parks and Community Services Department is responsible for the
collection and deposit of funds from this agreement.
TO Fund/Account/Centers FROM Fund/Account/Centers
http://www.cfwnet.org/council packet/Reports/mc_print.asp 10/30/2007
Page 2 of 2
GGOI 488100 0800523 $48,970.00
GG01 VARIOUS 0800523 $48,970.00
Submitted for City Manager's Office b Libby Watson (6183)
Originating Department Head: Richard Zavala (871-5704)
Additional Information Contact: Anthony Meyers (871-5775)
http://www.cfwnet.prg/council_packet/Reports/mc_print.asp 10/30/2007