HomeMy WebLinkAboutContract 27360 CITY SECRETARY
CONTRACT NO.
INTERLOCAL AGREEMENT
This INTE OCAL AGREEMENT is made and entered into this the
Ak4day of , 2001, by and between the CITY OF FORT
WORTH, a ho rule munic' al corporation of the State of Texas, located within
Tarrant and Denton 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, the parents of students who continue to be truant are charged
with a class C misdemeanor offense that are presently heard by various Justice of
the Peace Courts of Tarrant County; and
WHEREAS, due to overcrowded dockets and the diverse number of
Justices of the Peace hearing the cases, the offenses are not being heard quickly
and punishment is inconsistent from case to case; 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, the City Council of Fort Worth and the Fort Worth
Independent School District Board of Trustees have determined that the need for
expedient, consistent and equitable sanctions for all truancy offenses is of
paramount importance to both government entities; and
WHEREAS, the Fort Worth Independent School District and the City of
Fort Worth, propose to establish 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;
NOW THEREFORE, in consideration of the mutual covenants herein
expressed, the parties agree as follows:
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AGREEMENT
1. ADMINISTRATION. CITY and FWISD covenant and agree to
fully cooperate in the implementation of this project and both parties
consent, under the terms of this Agreement, to the following:
A. The School Attendance Court shall be conducted on a schedule and
at 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.
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 smooth operation of the Court. 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.
F. The City Council of Fort Worth and the Fort Worth Independent
School District Board of Trustees or their appropriate designees
shall meet on an annual basis during the month of August of each
year, on a date and at a location mutually agreeable to both parties,
to review the success and operation the School Attendance Court
Program.
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. 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. It is agreed between FWISD and the CITY that the Fort
Worth Independent School District shall pay all staffing and operational
costs associated with the implementation of the School Attendance Court
as follows:
A. 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
clerk, human services specialist, customer service representative
clerk, senior case worker and two courtroom bailiffs. The
estimated salaries and benefits for such personnel for the year
2001-2002 are attached and incorporated herein as Exhibit "A".
Included in the funding amount shall be group health insurance,
contributions to employee retirements and incentive pay.
B. FWISD agrees to reimburse the CITY for all costs associated with
the use of an assistant city attorney to prosecute cases on an "as
needed basis". It is anticipated that an assistant city attorney will
be needed at the Attendance Court four (4) 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 in the discretion of and
determined by the CITY. The estimated salary and benefits for
such personnel for the year 2001-2002 is attached and incorporated
herein as Exhibit"A"
C. FWISD agrees to reimburse the CITY for the use of two Deputy
City Marshals. FWISD agrees to transfer title and ownership of a
vehicle approved by the CITY for use by Attendance Court
personnel. FWISD agrees to pay all associated operational costs of
said vehicle. The estimated salaries and benefits for such
personnel and operational cost of the vehicle for the year 2001-
2002 are attached and incorporated herein as Exhibit "A".
D. 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.
E. CITY agrees to submit an invoice to FWISD on or before the 10`h
business day of each month for services rendered by the CITY for
the previous month. FWISD agrees to submit full payment as
indicated on each invoice within 45 days of receipt of the invoice.
F. The CITY agrees to delay hiring a Human Services Specialist and
Customer Service Representative II until January 12, 2002. The
adjusted estimated annual cost for the full fiscal year 2001-2002 is
$430,292, as shown in Exhibit A. indicating the hiring delay of
both positions for three (3) months.
FWISD and CITY agree that all contractual payments provided herein
fairly compensates the CITY for the services and functions performed
under this Agreement.
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 FWISD.
4. TERM. The term of this agreement is for a period beginning on
October 1, 2001 and ending on September 30, 2002. 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. 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. PREPARATION OF COURTROOM. As further consideration herein,
FWISD will provide and/or construct, at the sole cost and expense to
FWISD, courtroom facilities at a location agreed upon between the parties.
FWISD and CITY agree that at the execution of this Agreement, FWISD
will provide, at their sole cost, the space and facilities to conduct the
School Attendance Court. It is understood that FWISD plans to design
and construct a courtroom in the future that will conform to accepted
courtroom standards. The nature and extent of the courtroom facilities,
used at the execution of this Agreement or hereafter constructed by
FWISD on their premises, shall be mutually agreed upon between FWISD
and the CITY.
7. USE OF COURTROOM. The premises shall be used to conduct
hearings and proceedings related to FWISD truancy cases. Said
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 facility for any other juvenile purpose other than School Attendance
Court shall be mutually agreed upon between FWISD and the CITY, but
in no event shall said the facility be used for any purpose other than
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 facility.
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 improvements, equipment, supplies or other items necessary for the
operation of the Court. FWISD agrees that any such improvements,
equipment, supplies or other items shall remain the sole property of the
CITY and may be added to, changed, removed or altered at the discretion
of the CITY.
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.
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.
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.
13. INDEMNITY.
A. TO THE EXTENT PERMITTED BY LAW, the FWISD
covenants and agrees to and does hereby indemnify, hold harmless, and
defend CITY, its officers, employees, agents or servants acting in the
course and scope of their employment, from any and all suits, claims or
causes of action for property loss or damage and/or personal injury,
including death, which may arise out of the negligence of FWISD
employees, officers, agents or servants; provided, however, that this
indemnity agreement does not cover or include:
(1) any liability or obligation to third parties based on any contract to
which the FWISD is not a party; or
(2) any tort claim or liability arising out of the sole negligence of
CITY; its officers, employees, agents or servants; or
(3) any tort claim or liability for which the FWISD would not be liable
if the same were asserted directly against the FWISD; or
(4) any tort claim or liability arising out of the gross negligence,
malicious intent, bad faith, or other intentional, deliberate, willful
or malicious act of CITY, its officers, agents, employees or
servants.
B. 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.
C. 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.
D. 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.
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 a r ement in
mu 'pies in Fort Worth, Tarrant County, Texas, this the Z day of
2 A41
20Q�.
ATTEST: __ CITAibbyy WOR
214'a-) 'Zq2 By:
C'c:ol- City ecretary on
Assi stant City Manager
APPROVED AS TO FORM
AND LEGALITY:
Davi tt, City Attorney
B _
Assistant Ci Attorney Attorney for For * h
Independent Sch of istrict
Contract Authorization
Date Ul ii' vri� Lrl4�iU U�
ATTEST: FORT WORTH INDEPENDENT
SCHOOL DIST CT
Y:
Dr. Thomas Tocco, Superintendent,
Fort Worth Independent School
District
2 ��; 'c'�oM)
EXHIBIT A
ESTIMATED ANNUAL COURT COSTS
FOR
2001-2002 CONTRACT TERM:
ESTIMATED ANNUAL COSTS AS PER ORIGINAL PLAN:
Salaries and benefits:
Judge $ 72,750
Deputy City Marshal $ 38,181
Senior Human Services Specialist $ 36,735
Senior Customer Service Representative $ 27,859
Prosecutor $ 19,769
Benefits $ 37,274
$232,568
Not in Original Plan for 2000-01:
Deputy City Marshal (3) $104,100
Court Interpreter(8 hrs/wk) $ 6,461
Benefits $ 27,673
Vehicle Costs $ 8,840
$147,074
New/Expanded Costs:
Prosecutor (Additional 16 hrs per week) $ 19,769
Human Services Specialist $ 27,180
Customer Service Representative 11 $ 21,294
Benefits $ 15,390
Savings from Delayed Hiring of Human Services
Specialist and Customer Service Representative I1 ($15,167)
$ 68,466
ESTIMATED ANNUAL ATTENDANCE COURT
COSTS FOR 2001-2002 CONTRACT TERM $448,108
Projected savings based on activity in October and November 2001: ($17,816)
TOTAL PROJECTED COSTS
FOR 2001-2002 CONTRACT TERM: $430,292
City of Fort Worth, Texas
Mayor and Council
Communication
DATE REFERENCE NUMBER LOG NAME PAGE
1/8/02 C-18926 38FWISD 1 of 2
SUBJECT AUTHORIZATION TO RENEW AN INTERLOCAL AGREEMENT WITH THE FORT
WORTH INDEPENDENT SCHOOL DISTRICT FOR THE FUNDING OF A MUNICIPAL
ATTENDANCE COURT TO ADJUDICATE TRUANCY CASES AND ADOPTION OF
APPROPRIATION ORDINANCE
RECOMMENDATION:
It is recommended that the City Council:
1. 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 an Attendance Court to adjudicate
FWISD truancy cases; and
2. Authorize the City Manager to accept reimbursement from the FWISD in the amount of$430,292 for
all personnel and other costs associated with the operation of the above-mentioned Attendance
Court in FY2001-2002; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
amount of $176,107 in the General Fund, from available funds.
DISCUSSION:
The Comprehensive Truancy Intervention Program is a collaborative effort of the FWISD, the Tarrant
County District Attorney's Office, and the Fort Worth Police Department. The purpose of this program
is to aggressively address the truancy problem and includes 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. Effective with creation of the Attendance Court, cases were filed by the FWISD in Fort
Worth Municipal Court.
The FWISD requested that the City provide a dedicated Attendance Court to hear truancy cases only.
FWISD agrees to reimburse the City for all personnel and other costs associated with operation of the
Attendance Court. Additionally, FWISD provides, at its own expense, a site for the Attendance Court.
The estimated cost to operate the Attendance Court for the current fiscal year is approximately $430,292,
of which $254,185 was already appropriated in Municipal Court's FY2001-2002 adopted budget.
Estimated costs in excess of the budgeted amount are due to recent personnel and vehicle additions,
made necessary by an increase in the number of cases.
The Interlocal Agreement will provide for the following:
a. The Attendance Court established under the Fort Worth Municipal Court will have primary
jurisdiction over all FWISD truancy cases; and
b. FWISD will fund all costs associated with the day-to-day operation of the Attendance Court to
include staff salaries and other operational costs; and
C. FWISD will provide a site for the Attendance Court that is acceptable to the City; and
City of Fort Worth, Texas
Mayor and Council
Communication
DATE REFERENCE NUMBER LOG NAME PAGE
1/8/02 C-18926 38FWISD 2 of 2
SUBJECT AUTHORIZATION TO RENEW AN INTERLOCAL AGREEMENT WITH THE FORT
WORTH INDEPENDENT SCHOOL DISTRICT FOR THE FUNDING OF A MUNICIPAL
ATTENDANCE COURT TO ADJUDICATE TRUANCY CASES AND ADOPTION OF
APPROPRIATION ORDINANCE
d. Any fines collected for these violations will be allocated between the FWISD and the City according
to state law.
The new Interlocal Agreement includes funding for increased staffing and a vehicle for execution of
warrants arising from the Attendance Court. Along with funding for operational costs, funding is
included for a Judge, four support staff, and four Deputy City Marshal positions. The additional staff is
needed to handle the increased work load associated with the truancy cases filed by the FWISD.
Execution of the Interlocal Agreement is contingent upon receipt of approval and funding from the
FWISD School Board.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon adoption of the attached appropriation ordinance, funds will be
available in the current operating budget, as appropriated, of the General Fund. The Municipal Court
will be responsible for the collection of all funds due to the City.
LW:n
Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
GG01 431120 0381000 $176,107.00
Libby Watson 6183 GG01 Various 0381010 $176,107.00
Originating Department Head:
Elsa Paniagua 6711 (from) APPROVED 01/08/02
ORD.# 14927
Additional Information Contact:
Lonnie Munoz 6711