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HomeMy WebLinkAboutContract 55995 CSC No. 55995 INTERLOCAL AGREEMENT BETWEEN THE CITY OF FORT WORTH AND THE FORT WORTH INDEPENDENT SCHOOL DISTRICT This INTERLOCAL AGREEMENT ("Agreement") is made and entered into and by and between the CITY OF FORT WORTH, a home-rule municipal corporation of the State of Texas ("City"), acting by and through its duly authorized Assistant City Manager, and the FORT WORTH INDEPENDENT SCHOOL DISTRICT, a political subdivision of the State of Texas and a legally constituted Independent School District ("FWISD"), acting by and through its duly authorized representative. The City and FWISD are referred to herein individually as a"Party" and collectively as the"Parties" WHEREAS, the mission of the City is "Working together to build a strong community" with a vision to"be the most livable and best managed city in the country'; WHEREAS, this mission and vision include providing opportunities for leadership development, community connection and employment for individuals with intellectual or developmental disabilities ("IDD"); WHEREAS, the City also seeks to ensure access for all members of the community,encourages volunteerism,and has a need for specialized staff training for working with the special needs population; WHEREAS, the mission of the FWISD is to prepare all students for success in college, career and community leadership; and seeks to have students become an active member of their community as they transition from school into adulthood through experiencing opportunities available to them, such as job skills,volunteering,responsibility,lifetime recreation and leisure,social groups and outreach. WHEREAS, both the FWISD and City desire to create successful inclusive environments for students, community members, and students with IDD through the promotion of community connections, the offering of social outreach, leadership development opportunities, as well as through planned events and engaging activities that support social-emotional behavioral development,it being further understood that the goals of both organizations align WHEREAS, City desires for FWISD to provide special education 1 training opportunities for City staff working with adults and children with IDD; WHEREAS, in exchange, the City will provide FWISD's IDD students and graduates that are 18 years of age or older with volunteer opportunities and free memberships to its community centers; WHEREAS, the residents of the City will benefit from the FWISD's special education training because City employees will be better trained to manage adults and children with IDD; WHEREAS, each Party,in performing governmental functions or in paying for the performance of governmental functions hereunder, will make that performance or those payments from current revenues legally available to that Party; WHEREAS, each Party finds that the performance of this Agreement is in the common interest of the Parties, that the undertaking will benefit the public interest and that the division of costs fairly compensates the performing Party for the services or functions under this Agreement;and OFFICIAL RECORD ILA with FWISD CITY SECRETARY FT. WORTH, TX NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein,the Parties mutually agree to the following: SECTION 1 TERM AND TERMINATION 1.01 The initial term of this Agreement is for a period of one year,effective beginning on the date that the City's authorized representative executes the Agreement("Initial Tenn"). 1.02 The Initial Term may be renewed by mutual written agreement of the Parties for ten(10) successive one-year terns under the same terms and conditions of this Agreement (each a "Renewal Term"). 1.03 Either Party may terminate this Agreement by providing thirty (30) days' written notice to the other Party. 1.04 If FWISD breaches a material provision of this Agreement and such breach has not been cured within thirty (30) calendar days after the City sends written notice to the FWISD(or, if additional time is reasonably required in order to cure the breach and provided that FWISD is diligently pursing the cure, within such additional time as may be necessary), then City will have the right to terminate this Agreement. 1.05 In the event no funds or insufficient funds are appropriated by City in any fiscal period for any of City's obligations under this Agreement, City will notify FWISD of such occurrence and this Agreement will terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the obligations herein agreed upon for which funds have been appropriated. 1.06 In the event that this Agreement is terminated prior to the termination date,the City and FWISD will be responsible for their respective duties and obligations under this Agreement up to the effective date of termination. SECTION 2 DUTIES AND RESPONSIBILITIES OF THE PARTIES 2.01 Duties and Responsibilities (a) The FWISD will provide the following: (i) Special Education or training specialists that will provide a minimum of 2 trainings (up to 3 hours in duration) a year for the City's community center staff, which include the following topics: 1. Classroom Management 2. Techniques to engage children with Autism,Attention Deficit Disorders,and Defiant Disorders 3. Handling behavior issues with children with special needs using a mental health approach 4. De-escalation, including aggressive children, children who auto-inflict harm,disarming children with sharp objects who threaten to harm themselves or others 5. Approach to handling runners and ways to restrain children without being physical ILA with FWISD Page 2 of 8 (ii) A confirmation letter to graduates as evidence of prior enrollment in FWISD Special Education program; ID badges will serve as proof of enrollment for current students. (iii)A list of volunteer opportunities at the City for FWISD IDD students and graduates that are 18 years of age or older. (b) City of Fort Worth will provide the following: (i) Volunteer opportunities for FWISD IDD students and graduates that are 18 years of age or older. (ii) Gold level fitness center memberships to the City's community centers at no charge for any FWISD IDD students and graduates that complete a minimum of two(2)volunteer hours per month for twelve (12)months(or 24 hours per year) within any City department. The membership will be for one full year. (iii)Keep FWISD confirmation letters on file for FWISD students with IDD who graduated from a FWISD school once they have applied for volunteer hours. SECTION 3 INDEPENDENT CONTRACTOR 3.01 FWISD operates hereunder as an independent contractor and not as an officer, agent, servant or employee of City. FWISD has the exclusive control of, and the exclusive right to control all work to be performed by FWISD pursuant to this Agreement and all persons performing the work,and to the extent allowed by law and without waiver of any immunity of defense, will be solely responsible for the acts and omissions of its officers,members,agents,and employees. City will not be responsible under the doctrine of respondeat superior for the acts and omissions of FWISD, its officers, members, agents, employees,or contractors. 3.02 The City operates hereunder as an independent contractor and not as an officer, agent, servant, or employee of FWISD. The City will have the exclusive control of, and the exclusive right to control all work to be performed by City pursuant to this Agreement and all persons performing the work, and will be solely responsible for the acts and omissions of its officers,members,agents,and employees. FWISD will not be responsible under the doctrine of respondeat superior for the acts and omissions of City,its officers,members,agents,or employees. 3.03 Nothing herein will be construed as the creation of a partnership or joint enterprise between City and FWISD. It is further understood that the City will, in no way, be considered a co-employer or a joint employer of FWISD or any employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers of FWISD. Neither FWISD, nor any officers, agents, servants, employees or subcontractors of FWISD will be entitled to any employment benefits from the City. FWISD will be responsible and liable for any and all payment and reporting of taxes on behalf of itself,and any of its employees,representatives,agents,servants,officers,contractors,subcontractors,and volunteers. SECTION 4 INSURANCE 4.01 City and FWISD are basically self-funded entities and, as such, generally, they do not maintain commercial liability insurance policies to cover premises or auto liability. Damages for which City or FWISD would ultimately be found liable would be paid directly and primarily by said party and not be a commercial insurance company. ILA with FWISD Page 3 of 8 SECTION 5 CLAIMS AND LIABILITY 5.01 Either Party agrees to notify the other Party promptly upon the receipt of any claim or lawsuit brought in connection with any injury, death or damages on the Premises. Both Parties agree to make their officers, agents, and employees available to each other at all reasonable times for any statements and case preparation necessary for the defense of any claims or litigation for which a Party may be responsible hereunder. 5.02 Without waiving any defenses including governmental immunity, each Party to this Agreement agrees to be responsible for its own acts of negligence,which may arise in connection with all claims for damages, costs and expenses to any person or property that may arise out of or be occasioned by this Agreement or any of its activities, or from any act or omission of any employee, contractor, or invitee of the Parties to this Agreement. The provisions in this paragraph are solely for the benefit of the Parties to this Agreement and are not intended to create or grant any rights,contractually or otherwise to any third party. SECTION 6 NOTICES 6.01 Notices required pursuant to the provisions of this Agreement will be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission,or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: CIL1C: FWISD: City of Fort Worth Dr.Kent Paredes Scribner Park&Recreation Director Fort Worth ISD Superintendent of Schools 4200 South Freeway,Suite 2200 100 N. University Drive Fort Worth,TX 76115 Fort Worth,TX 76107 With Copies to: With Cony to: City of Fort Worth Fort Worth Independent School District Attn:Assistant City Manager Attn: Legal Counsel 200 Texas Street 100 N.University Drive,SW 172 Fort Worth,TX 76102 Fort Worth,TX 76107 City of Fort Worth Attn:City Attorney's Office 200 Texas Street Fort Worth,TX 76102 SECTION 7 NONDISCRIMINATION 7.01 The Parties will not engage in any unlawful discrimination based on race, creed, color, national origin, sex, age, religion, disability, marital status, citizenship status, sexual orientation or any other prohibited criteria in any decisions relating to this Agreement,and the Parties represent and wan-ant ILA with FWISD Page 4 of 8 that, to the extent required by applicable laws,they are equal opportunity employers and will comply with all applicable laws and regulations in any employment decisions. SECTION 8 ASSIGNMENT 8.01 City and FWISD will not assign, sublet, subcontract or transfer any interest in this Agreement without the written consent of the other party. Except as otherwise provided in this section,no assignment, delegation of duties or subcontract under this Agreement will be effective without the written consent of the other Party. It is understood and agreed that FWISD may use subcontractors for construction and maintenance of the Improvement in accordance with the terms and conditions of this Agreement. City may use contractors to perform its maintenance obligations under this Agreement. SECTION 9 PARTIES BOUND 9.01 This Agreement is binding upon the successors and assigns of both Parties in like manner as upon the original Parties. SECTION 10 APPLICABLE LAW AND VENUE 10.01 This Agreement will be governed by the laws of the State of Texas. Venue for any action brought to interpret or enforce, or arising out of or incident to, the terms of this Agreement will be in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. SECTION 11 SEVERABILITY OF PROVISIONS 11.01 If any of the Provisions contained in this Agreement are held for any reason to be invalid, illegal, or unenforceable in any respect,such invalidity,illegality,or unenforceability,will be construed as if such invalid,illegal,or unenforceable provision had never been contained herein. SECTION 12 COMPLIANCE WITH LAWS 12.01 The Parties warrant that their obligations will be performed with due diligence in a safe and professional manner and in compliance with any and all applicable statutes, rules and regulations. The Parties will comply with all federal,state and local laws. SECTION 13 RIGHT TO AUDIT 13.01 FWISD agrees that the City will,until the expiration of three(3)years after termination of this Agreement, have access to and the right to examine any directly pertinent books,documents,papers and records of FWISD involving transactions relating to this Agreement. FWISD agrees that the City will have access during normal working hours to all necessary FWISD facilities and will be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City will give FWISD reasonable advance notice of intended audits. The City will be responsive to its own costs in conducting an audit. ILA with FWISD Page 5 of 8 SECTION 14 REMEDIES,SEVERABILITY,HEADINGS 14.01 No right or remedy granted herein or reserved to the Parties is exclusive of any other right or remedy herein by law or equity provided or permitted but each will be cumulative of every other right or remedy given hereunder. The failure of any Party hereto to exercise the rights granted them herein upon the occurrence of any of the contingencies set forth in this Agreement will not in any event constitute a waiver of any such rights upon the occurrence of any such contingencies. 14.02 If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this Agreement are for any reason held to be invalid,void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants conditions or any other part of this Agreement will remain in full force and effect and will in no way be affected,impaired or invalidated. 14.03 The headings in this Agreement are inserted for reference only and will not define or limit the provisions hereof. SECTION 15 AUTHORIZATION 15.01 The undersigned officers and/or agents are properly authorized to execute this Agreement on behalf of the Parties hereto and each party hereby certifies to the other Party that any necessary resolution or actions extending such authority have been duly passed and are now in full force and effect. SECTION 16 FORCE MAJEURE 16.01 If either Party is unable, either in whole or part, to fulfill its obligations under this Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades; insurrections; riots; epidemics; public health crises;earthquakes;fires;floods;restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any state; declaration of a state of disaster or of emergency by the federal,state,county,or City government in accordance with applicable law; issuance of an Imminent Threat Alert or Elevated Threat Alert by the United States Department of Homeland Security or any equivalent alert system that may be instituted by any agency of the United States; any arrests and restraints; civil disturbances; or explosions; or some other reason beyond the Party's reasonable control (collectively, "Force Majeure Event"),the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. If a Force Majeure Event occurs, the City may, in its sole discretion, close or postpone the opening of its community centers, parks, or other City-owned and operated properties and facilities in the interest of public safety and operate them as the City sees fit. ILA with FWISD Page 6 of 8 SECTION 17 REVIEW OF COUNSEL 17.01 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 will not be employed in the interpretation of this Agreement or exhibits hereto. SECTION 18 IMMIGRATION NATIONALITY ACT 18.01 FWISD will verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, FWISD will provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. FWISD will adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any FWISD employee who is not legally eligible to perform such services.FWISD will be responsible for any penalties, liabilities, or losses due to violation of this section by FWISD or its employees,subcontractors,agents,or licensees. SECTION 19 MULTIPLE ORIGINALS AND ELECTRONIC SIGNATURES 19.01 The Parties may execute multiple originals and multiple counterparts of this Agreement, each of which will be considered an original document. 19.02 This Agreement may be executed by electronic signature,which will be considered as an original signature for all purposes and have the same force and effect as an original signature. For these purposes,"electronic signature"means electronically scanned and transmitted versions(e.g.via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign. SECTION 20 SOLE AGREEMENT 20.01 This Agreement represents the entire Agreement by and between the parties and supersedes all previous letters, understanding or oral agreements between the City and FWISD. Any representations, promises, or guarantees made but not stated in the body of this Agreement are null and void and of no effect. 20.02 No Party may make, revise, alter, or otherwise diverge from the terms and conditions of this Agreement without a written amendment to this Agreement. Changes to this Agreement are subject to the approval of the City and FWISD's legal advisors and Board of Trustees. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] ILA with FWISD Page 7 of 8 IN WITNESS WHEREOF.the parries have executed this Agreement to he ellective on llte date set I'arih in Sectitxt 1. CITY OF PORT WORTI.1 FORT WORTH NUEPENDEW1'SCHOOL llalG�%G lVgf lkg,tO�I DISTRICT: Valerie Washington(Jul 12,20 12:23 CDT) [3y: __. Valerie Washington Assistant City Manager Dr.Kent t'arce es Scri or 1 U l 12, 2021 Stiizerinlen/dettl.I orl Worth ISt Unto: kerrsnnn�trrfa�d: F010'WOR`I'II tNl)Isl'13NDIsN'1'SCIIOUI, By:Richard Zavala(Jui 10,0116:40 CDT) DISTRIC•TROARD01'rDt1CA'I'I0N Itichanl Z.avala.Director SLk- Park&Recreation Deparunent 96- - 13y: 13annl President Kul11 Pickard.Assistant Director Park&Recreation Departolent Date:_june 22,2021 APPROVED AS TO FORM AND LEGALITY: FOIC WORTI I MIX-'11M - 'I'SCI IOOI. 0y, � � UIS'""C"• TA A'1"I'ORNIs 'l�rlcr 1:'Wnl lack �dannn� Sr.Ambilant City Attorney dad FORT��a try. O000°0000°Oo jOa� AI"I'I'S'I': All'till tfl'rAlilttlillsttii PA.0 o/ /,�,,,�� lj~ o"A�d 13y: .` /P - rJ o o=d Mary J.Kayser Kurt Werth Independent St:hool Districl P ° �� o° o* City Secretary a / _ oO000000° i-. / / a�� rEXASb4 CON'i'itAC'1'AU1'I•IOltl%A1'ION: (.( t&-c-a lJJ'16& .�wt4 t<� A e � M&C: 21-0490 Angelica Underwood /Zak 4r rr. 1298:NIA Director.Special Education r e- Contract Compliance Manager:By signing I acknowledge that I am the person Co�Csolomb,Assistant Superintendent responsible for the monitoring and administration Specialized Academic Support Services of this contract,including ensuring all performance and reporting requirements. - J-� •�''�^1 By shA4lo,zozl t,7) eY' 4Dfe Sheri Endsley,District Superintendent Chief Academic officer Park&Recreation Department RA with FWISD OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FORTWORTH Fiscal Year October 1, 2020 - September 30, 2021 RE: Documentation of Insurance City of Fort Worth Self-Funded Insurance Program To Whom It May Concern: Please accept this letter as documentation of the City of Fort Worth's insurance program. The City of Fort Worth is basically a self-funded entity subject to statutory tort laws. The City does not maintain a commercial policy of general liability insurance and/or auto liability insurance. Damage for which the City of Fort Worth would ultimately be found liable would be paid directly by the City of Fort Worth and not by a commercial insurance company. City owned property is covered under the City of Fort Worth Fire and Extended coverage program by a commercial insurance policy. Statutory workers' compensation insurance, coverage is self-funded to the $750,000.00 retention limit per incident over which commercial coverage responds with no upper cap; and, employer's liability coverage ismaintained atthe $1,000,000.00 po[icylimit. In the event there are any questions regarding the City of Fort Worth's insurance program, or if I may be of additional assistance, please contact me at the address provided, or phone direct to 817-392-7790 or email mark.barta(a�fortworthtexas.aov. Thank you for your time and attention. Both are appreciated. On behalf of the City of Fort Worth, we look forward to a continued business relationship. Si,cerely, Mark Barta Risk Manager FINANCIAL_ MANAGEMENT SERVICES DEPARTMENT RISK MANAGEMENT DIVISION CITY OF FORT wnRTTA* ')()O TFXAS gTRFFT* FORT WORTH TFXAfi 76I W 6/30/2021 M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoRTWORTII DATE: 6/22/2021 REFERENCE **M&C 21- LOG NAME: 80WAIVER OF COMMUNITY NO.: 0490 CENTER FEES CODE: G TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize the Execution of an Interlocal Agreement with the Fort Worth Independent School District, wherein the Fort Worth Independent School District will Provide Special Education Training Opportunities for City Employees in Exchange for the City Providing Certain Fort Worth Independent School District Students with Volunteer Opportunities and Community Center Gold Level Fitness Memberships; Authorize Waiver of Community Center Gold Level Fitness Center Membership Fees; and Find for Public Purpose RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of an Interlocal Agreement with the Fort Worth Independent School District, wherein the Fort Worth Independent School District will provide special education training opportunities for City employees in exchange for the City providing certain Fort Worth Independent School District Intellectually or Developmentally Disabled students and graduates with volunteer opportunities and a community center gold level fitness membership; 2. Authorize the waiver of community center Gold Level Fitness Memberships fees; and 3. Find that the waiver of such fees serves to carry out the public purpose of cooperative engagement between public entities to create successful and inclusive environments for City and Fort Worth Independent School District staff, community members, and students with Intellectual or Developmental Disabilities through the promotion of community connections, the offering of social outreach, training and development opportunities, as well as through activities that support social-emotional behavioral development, and that adequate controls are in place to carry out such public purpose. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of an Interlocal Agreement with the Fort Worth Independent School District (FWISD) concerning special education training for City employees. FWISD's Special Education Department and City staff have forged a mutually beneficial Interlocal Agreement whereby: The FWISD will provide the following: 1. Special Education training specialists that will provide a minimum of 2 trainings (up to 3 hours in duration) a year for the City's community center staff, which include the following topics: a. Classroom management b. Techniques to engage children with Autism, Attention Deficit Disorders, and Defiant Disorders c. Handling behavior issues with children with special needs using a mental health approach d. De-escalation, including aggressive children, children who auto-inflict harm, disarming children with sharp objects who threaten to harm themselves or others e. Approach to handling runners and ways to restrain children without being physical 2. A confirmation letter to graduates as evidence of prior enrollment in FWISD Special Education program; ID badges will serve as proof of enrollment for current students. apps.cfwnet.org/counciI_packet/mc_review.asp?ID=29038&counciIdate=6/22/2021 1/2 6/30/2021 M&C Review 3. A list of volunteer opportunities at the City for FWISD IDD students and graduates that are 18 years of age or older. City of Fort Worth will provide the following: 1. Volunteer opportunities for FWISD IDD students and graduates that are 18 years of age or older. 2. Gold level fitness center memberships to the City's community centers at no charge for any FWISD IDD students and graduates that complete a minimum of two (2) volunteer hours per month for twelve (12) months (or 24 hours per year) within any City department. The membership will be for one full year. 3. Keep FWISD confirmation letters on file for FWISD students with IDD who graduated from a FWISD school once they have applied for volunteer hours. By approving this M&C, the City Council finds that the waiver of the fees serves to carry out the public purpose of cooperative engagement between public entities to create successful and inclusive environments for City and FWISD staff, community members, and students with IDD through the promotion of community connections, the offering of social outreach, training and development opportunities, as well as through activities that support social-emotional behavioral development, and that adequate controls are in place to carry out such public purpose through the Interlocal Agreement. This request serves all Council Districts. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that approval of these recommendations will have no material effect on City funds. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year �(Chartfield 2) I FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by_ Valerie Washington (6192) Originating Department Head: Richard Zavala (5704) Additional Information Contact: Kelli Pickard (5461) ATTACHMENTS Signature: '�►'�` �� Sandra Youn d(Jul 9,202115:19 CDT) Email: Sandra.Youngblood@fortworthtexas.gov a pps.cfwnet.o rg/council_packet/mc_review.asp?I D=29038&cou nci Idate=6/22/2021 2/2