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HomeMy WebLinkAboutContract 56607 CSC No. 56607 INTERLOCAL AGREEMENT BETWEEN THE FORT WORTH INDEPENDENT SCHOOL DISTRICT AND THE CITY OF FORT WORTH This Interlocal Agreement ("Agreement") is made and entered into by and between the City of Fort Worth, a home-rule municipal corporation of the State of Texas("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 ("FWISD"). City and FWISD may be collectively referred to as the "Parties" or individually as a "Party." WHEREAS, 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; 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 goverment entities; WHEREAS, fbr more than a decade, the FWISD and City have entercd into a series of Interlocal Agreements for the creation and operation of a Coordinating Board to oversee and operate after-school programs at selected FWISD schools as a juvenile crime prevention measure,with the most recent agreement being City Secretary Contract No. 55386 approved by the Fort Worth City Council on August 11, 2020 as Mayor and Council Communication M&C 20-0523 (the "Coordinating Board Agreement"); WHEREAS,FWISD and City anticipate executing a new Coordinating Board Agreementto continue funding and operating the coordinating board and the after-school program for the 2021- 2022 school year; WHEREAS, for several years, the Coordinating Board,pursuant to its powers and the terms of the Coordinating Board Agreement, has designated the City,through its Neighborhood Services Department, to provide the after-school program at Como Elementary School; and WHEREAS, the FWISD, on behalf of the Coordinating Board, and the City wish to enter into a new agreement so that the City,through its Neighborhood Services Department,may continue to provide the after-school program at Como Elementary School for the 2021-2022 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 through its duly authorized superintendent, do hereby covenant and agree as follows: Pursuant to the designation by the Coordinating Board under the Coordinating Board Agrcement, the City and FWISD agree that: Interlocal Agreement FW ISD COMO After School 2021-22 Page I of 7 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX 1. SCOPE OF SERVICES. The City will implement and operate the after-school program at Como Elementary School pursuant to the terms of the Coordinating Board Agreement goveming the 2021-2022 school year. The Coordinating Board, as authorized under the Coordinating Board Agreement, 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-bascd after-school programs in a safe environment that result in educational,physical,and social development for elementary and middle school aged children," (a) Goals of the After-School Program shall include, at aminimum: i. To provide homework assistance, tutorial, and relevant educational programs; ii. To improve the awareness of the importance of learning; iii. To reduce the level of truancy; iv. To address the students'physical needs; V. To provide activities that promote social development; vi. To reduce juvenile arrests;and vii. To reduce juvenile victims of crimes during the target hours. (b) Operational Imperatives are: i. To establish program goals and objectives that are measurable and result in desired outcomes through a scientific evaluation process; ii_ To ensure that program participants achieve improvement in core program outcomes through an accountable system of measurement; and iii. To ensurc that existing programs are not duplicated, or if appropriate,are expanded or complimented through an inventory and evaluation of existing programs. 3. FUNDING. (a) FWISD agrees to pay the City in an amount not to exceed Eighty-Nine Thousand, Five Hundred Seven Dollars and 00/100 (S89,507.00)to fund the operation of the After-School Program at Como Elementary School. The allocations by funding source are from the Fort Worth After-School Full Service Provider General Fund in the amount of$39,507.00, and from the Rainwater Charitable Foundation in the amount of$50,000.00. FWISD covenants and agrees that the funding for this Agreement shall not include any money originating from the City, including, but not limited to, funds from the City's Crime Control and Prevention District. (b) To receive funds under this Agreement, the City must submit written itemized reimbursement requests to FWISD in a manner and form agreed to by the Parties. FWISD agrees to reimburse the City for all allowable expenses set forth in such reimbursement requests within thirty(30) days after receipt of the written itemized request. (c) Pursuant to Section 79 1.01 1 of the Interlocal Cooperation Act,each Party paying Interlocal Agreement FWISD CON40 After School 2021-22 Page 2 of 7 for performance of governmental functions or services must make those payments from current revenues available to the paying Party. 4. TERM. The term of this Agreement is for a one-year period,effective beginning on July 1, 2021, and ending on June 30, 2022 and shall cover the entire 202 1-2022 school year. 5. NON-APPROPRIATION OF FUNDS. If, for any reason,at any time during any term of this Agreement, FWISD fails to appropriate funds sufficient for FWISD to fulfill its obligations under this Agreement, FWISD may terminate this Agreement to be effective on the later of (i) thirty (30) days following delivery by FWISD to the City of written notice of FWISD's intention to terminate; or(ii)the last date for which funding has been appropriated by FW ISD Board for the purposes set forth in this Agreement. 6. TERMINATION OF AGREEMENT. (a) 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. (b) This Agreement may be terminated by either Party, in whole or in part, at any time with or without a reason, upon written notice to the other Party. Such written notice shall specify to what extent the work under the Agreement is being terminated and the effective date of termination. 7. NOTICES.. Notices to be provided hereunder shall be sufficient if forwarded to the other party by hand-delivery or via U.S. Postal Service certified mail, postage prepaid, to the address of the other party shown below: 11'to city: I f to I:W 1SD: Fernando Dr. Kent Paredes Scribner Costa Superintendent Assistant City Manager Fort Worth Independent School City of Fort Worth District 100 N. University Dr, 200 Texas Street Fort Worth, Texas 76107 Fort Worth, Texas (817) 871-2000 76102 (817) 392-8180 With a cony to: With a couv to: City Attorney's Office Office of Legal Services City of Fort Worth 100 N. University Drive 200 Texas Street Fort Worth,Texas 76107 Fort Worth,Texas 76102 Interlocal Agreement FWISD COMO After School 2021-22 Page 3 of 7 8. INDI=P[?N[)FN'1' CONTRACTOR. City shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of the FWISD. City shall have 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,servants,and employees.Neither City nor FWISD shall be responsible under the doctrine of respondent superior for the acts or omissions of officers, members, agents, servants, employees of the other. Nothing herein shall be construed as creating a partnership or joint enterprise between City and FWISD. 9. NONDISCRIMINATION. (a) Neither the City nor FWISD nor any of their respective officers,members, agents, servants, employees, program participants, or subcontractors, while engaged in performing this Agreement, 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 oftheir age,except on the basis of a bona fide occupational qualification, retirement plan, or statutory requirement. (b) The City and FWISD agree that, in the execution, performance, or attempted performance of this Agreement,they will not discriminate against any person or persons because of gender,race, religion,color, sexual orientation or national origin, nor will FWISD or the City permit its officers, agents, servants, employees, subcontractors, or program participants to engage in such discrimination. 10. 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, a federal or state agency, or a board or a commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. 11. 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, provision, 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. 12. NOTICE OF CLMN/IS. 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 make their respective officers, agents, servants, 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. Interlocal Agreement FW IS D COMO After School 2021-22 Page 4 of 7 13. EFFECT ON THIRD PARTIES. (a) 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 P arty. (b) 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. INSURANCE. The City is a governmental entity under the laws of the state of Texas and pursuant to Chapter 2259 of the Texas Government Code, entitled "Self-Insurance by Governmental Units," is self-insured and therefore is not required to purchase insurance. City will provide a letter ofself-insured status as requested byFWISD. 15. FORCE MAJEURE. 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 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. 16. APPLICABLE LAW AND VENUL. (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 Agreement,venue for said action shall lie in Tarrant County, Texas or the Federal Court of the Northern District of Texas - Fort Worth Division. 17. HEADINGS. Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 19. ENTIRE AGREEMENT. This written instrument constitutes the entire understanding of the Parties hereto concerning the work and services to be performed. Any prior or contemporaneous oral or written agreement that purports to vary from the terms hereof shall be void. Interlocal Agreement FWISD COMO After School2021-22 Page 5 of 19. AMENDMENT. No amendment, modification, or alteration of the terms of this Agreement 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 here have executed this Agreement in multiples in Fort Worth, Tarrant County, Texas t h i s day of 2021. CITY OF FORT WORTH FORT WORTH INDEP%NDENT SCHOOL DIS 7 cz-- ernando Costa(Nov 4,202114:00 CDT) By: _ _ Fernando Costa Tobi Jack n Assistant City Manager Board silent Dr. ent P des Scri Superintendent APPROVED AS TO FORM AND LEGALITY: Taylor Paris 4AIcxzcrAthanason Assistant City Attorney Staff Attorney ATTEST: Ron Gonzales Aar FORT �d Carin Evans � Acting City Secretary p o°°° °°°� ° 0 Secretary,Board of Education ° °%0-rld0 pvo o=d ° ° CONTRACT �a"f°°° ,o M&C 2AUTH01 4R-0664 ION: nEXASaa0000 p Date: September 14. 2021 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Interlocal Agreement FWISD COMO After School 2021-22 Page 6 of 7 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 F a o to nt City Manager, known to me to be the person whose name is subscribe h for o g nst ment, and acknowledged to me that the same as the act of the,City of Fort or t t cuted 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, this day of — ,2021. Notary Public in and for the State of Texas STATE OF TEXAS COUNTY OFTARRANT BEFORE ME, the undersigned authority, a Notary Public in and For the State of Texas, on this day personally appeared Dr. Kent Paredes Scribner, 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 on do t in pressed, as the act and deed of the Fort Worth Independent School Di t, h acl therein stated as its authorized officer or representative. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 2021. Notary Public in and for the State of Texas Contract Compliance Manager: By signing below, [ acknowledge that I am the person responsible for the monitoring and administration of this contract,including all performance and reporting requirements. f'L &-i Sonia Snglet (Novo,202111:03 CDT) Sonia Singleton Assistant Director, Neighborhood Services Interlocal Agreeirent FW ISD COMO After School 2021-22 Page 7 of7 M&C Review Official CITY COUNCIL AGENDA FORT '4'ORfll DATE: 9/14/2021 REFERENCE **M&C 21- LOG NAME: 19FWASCOMO 2021- N O.: 0664 2022 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 3) Authorize Execution of Agreement with the Fort Worth Independent School District in an Amount Up to $89,507.00 for Operation of the Fort Worth After-School Program at Como Community Center for the 2021-2022 School Year and Adopt Attached Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of an agreement with the Fort Worth Independent School District in an amount up to $89,507.00 for operation of the Fort Worth After-School Program at Como Community Center for the 2021-2022 school year; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Other Fund in the amount of $89,507.00, subject to receipt of the grant. DISCUSSION: On August 8, 2000, Mayor and Council Communication (M&C C-18183) the City Council authorized an agreement with the Fort Worth Independent School District (FWISD) for the creation of a coordinating board and operation of an after-school program at selected FWISD schools to serve as a juvenile crime prevention measure. The City of Fort Worth (City) has been operating this program at the Como Community Center site since 2000. Both the City and FWISD wish to continue this arrangement for the 2021-2022 school year. The City will receive up to $89,507.00 for the program at the Como Community Center. Funds will be reimbursed based on actual expenditures, and the agreement term will run from July 1, 2021 through June 30, 2022, encompassing the entire 2021-2022 school year. The contract with FWISD does not allow indirect costs for this program. This program is located in COUNCIL DISTRICT 3. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, in the Grants Operating Other Fund. The Neighborhood Services Department (and Financial Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to an expenditure being incurred, the Neighborhood Services Department has the responsibility to validate the availability of funds. This is a reimbursement grant. TO Fund Department Account Pro e� ct Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) http://apps.cfwnet.org/council_packet/mc review.asp?ID=29212&councildate=9/14/2021[11/3/2021 11:44:46 AM] M&C Review FROM Fund Department Account Project Program I Activity Budget Reference# Amount ID ID Year I (Chartfield 2) Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Victor Turner (8187) Additional Information Contact: Monique Hill (5775) ATTACHMENTS 19FWASCOMO 2021-2022 21003.docx http://apps.cfwnet.org/council_packet/mc review.asp?ID=29212&councildate=9/14/2021[11/3/2021 11:44:46 AM]