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HomeMy WebLinkAboutContract 30851 �TOP-1 CITY SECRETARY NO INTERLOCAL AGREEMENT BETWEEN FORT WORTH INDEPENDENT SCHOOL DISTRICT AND THE CITY OF FORT WORTH This INTERLOCAL AGREEMENT is made and entered into this the _22nd_ day of September , 2004, 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 Agreements made under the authority granted to the-CITYand the-FWISD-by and- pursuant to the Texas Government Code, Chapter 791, known as the INTERLOCAL COOPERATION ACT. WHEREAS, the primary school district that serves residents of the City of Fort Worth is the Fort Worth Independent School District; WHEREAS, increased academic and cultural enrichment activities outside the school day has been identified as a major need by teachers, students,parents and community members; and WHEREAS, Fort Worth Independent School District, through its 21st Century Community Learning Center has designated the City of Fort Worth, through its Parks and Community Services Department, to provide the Community Learning Center program at Rosemont Middle School and Daggett Middle School; NOW THEREFORE, in consideration of the mutual covenants herein expressed the parties agree as follows: AGREEN MNT 1. OBJECTIVES AND GOALS. A. The primary objectives of the Community Learning Center Program shall include the following: 1. Increase the Academic Achievement of students participating in the Community Learning Center (CLC) as shown by the number of students passing all tests on TAKS and being promoted to the next grade. 2. Increase the number of students participating in the CLC who progress toward graduation a shown by reduction in the annual dropout rate. Page 1 of 11 21St Century CLC '5�fl,.-> 3. Increase the involvement of, and commitment by, parents in the education of their children by increasing the percentage of families participating in family literacy activities. -- - 4. Increase the number of students who demonstrate increased proficiency in reading, science, and mathematics as demonstrated through pre- and post- testing. 5. Increase the number of students involved in positive youth development activities outside school hours designed to provide a safe haven for students while reducing disciplinary placements and juvenile crime. B. The primary goals of the Community Learning Center Program shall include the following: 1. Provide opportunities for academic enrichment, including providing tutorial services to help children, particularly students who attend low- performing schools, to meet State and Local student academic -achievement-standards-in core-.academic subjects;-such as reading, mathematics, and science; 2. Offer students a broad array of additional services, programs, and activities that are designed to reinforce and complement the regular academic program of participating students; 3. Offer families of students served by the Community Learning Center opportunities for literacy and related educational development. 2. FUNDING A. FWISD agrees to pay the CITY annually for first three years Sixty One Thousand Sixty-Two Dollars and 00/100 ($61,062.00) to fund the operation of the Community Learning Center Program at Rosemont Middle School and Sixty Four Thousand Six Hundred Fifty Dollars and 00/100 ($64,650.00) to fund the operation of the Community Learning Center Program at Daggett Middle School. FWISD and the CITY agree that these amounts fairly compensate the CITY for the operation of the Community Learning Center Programs. B. FWISD agrees to pay the CITY an annual amount for the fourth year of Forty Eight Thousand Eight Hundred Forty Nine Dollars and 60/100 ($48,849.60) to fund the operation of the Community Learning Center Program at Rosemont Middle School and Fifty One Thousand Seven Hundred Twenty Dollars and 00/100 ($51,720.00) for the fourth year to fund the operation of the Community Learning Center Program at Daggett Middle School. FWISD and the CITY agree that these amounts fairly compensate the CITY for the operation of the Community Learning Center Programs. C. FWISD agrees to pay the CITY an annual amount for the fifth year of Thirty Nine Thousand Seventy Nine Dollars and 68/100 ($39,079.68) to fund the operation of the Community Learning Center Program at Rosemont Middle School and Forty One Thousand Three Hundred Seventy Six Dollars and 00/100 ($41,376.00) to fund the �,y�Jii� t.? Page 2 of 11 21"Century CLC Fpm4 T �J operation of the Community Learning Center Program at Daggett Middle School. FWISD and the CITY agree that these amounts fairly compensate the CITY for the operation of the Community Learning Center Programs. D. 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. 3. TERM. Subject to grant funding, the primary term of this Agreement is for a period of one year beginning upon execution by all the parties and ending on August 31, 2005, with four (4)one-year renewal periods upon mutual agreement of the parties.. 4. CONTINGENCY. This Agreement is subject to availability of funds appropriated by legislative act and the Texas Education Agency (TEA). All amendments and/or extensions or subsequent contracts entered into for the same or continued purposes are executed contingent -----upon-the-availability--of-appropriated--funds.—Notwithstanding--any other-provision--iri this-- -- - Agreement or any other document, this Agreement is void upon appropriated funds becoming unavailable. The City will be reimbursed for all expenses incurred prior to the termination of this agreement. 5. ADMNISTRATION. RECORD KEEPING REPORTING, AND OVERSIGHT A. FWISD will: 1. Provide a Project Manager to help oversee grant implementation and supervision of campus level Academic Liaison. 2. Provide onsite program coordination, adequate project site, and facility amenities. 3. Provide overall leadership through the FWISD Office of the Deputy Superintendent of Operations. 4. Serve as fiscal agent for the grant project. 5. Provide fiscal management through the FWISD Offices of 21" Century, Accounting and Budget. 6. Provide administrative assistance with submittals for center expenses. 7. Act as broker of services with Community Based Organization(s) (CBO), FWISD staff and the City of Fort Worth. 8. Coordinate with all centers to maximize resources. 9. Coordinate meetings between CBO and other project staff members. 10. Provide ongoing feedback, compilation, and dissemination to ensure continuous improvement. B. City of Fort Worth will: 1. Work collaboratively in the delivery of services. 2. Be responsible on a campus level for hiring, training, supervision, and terminating non-academic staff to meet FWISD guidelines and scheduling needs. ME Page 3 of 11 21s'Century CLC PP+Al;BRAT ' 3. Provide daily staff requirements, enrichment programs, and work with other CBOs to provide enrichment and adult literacy programs. 4. Assist Program manager with brokering of services with other CBOs, FWISD staff, and the City of Fort Worth to provide enrichment and family literacy programs. 5. Work with the Academic Liaison to facilitate the plan for academic enrichment, use of campus facilities, and recruitment of staff to work in the program. 6. Provide activity coordination and communication. 7. Work with the Academic Liaison to schedule youth activities and integrate with academic objectives. 8. Compile attendance and other records as required for compliance with program requirements. 6. FUNDING REQUIREMENTS. --_--- - --- -- - - ng,including administrative costs, payroll;professional and contracted services, travel, printing, supplies and materials, and other operations costs shall be limited to the funds acquired by the CITY from FWISD through 21" Century Community Learning Center Program and will be administered in strict accordance with the following: A. Grant funding shall not supplant current funding dedicated to after-school programs. B. Grant funding is on a reimbursable basis and based on actual expenditures, not budgeted amounts. C. The total amount of expenditures to the CITY and the obligation of the FWISD under this Agreement shall be limited to the funds received by the Texas Education Agency grant, but in no event shall exceed $61,062.00 at Rosemont Middle School and$64,650.00 at Daggett Middle School. D. The City shall submit weekly attendance reports via the 21St Century database. Failure to accurately complete and submit weekly attendance data can result in tennination from the program. E. Funds may only be used for eligible items. It is the CITY's responsibility to ensure CITY CLC programs are spending the funds only on eligible supplies and activities. If audited, the CITY will reimburse the FWISD for the total amount for any expenditure that that is not allowed by the grant and/or by the Texas Education Agency. All refunds will be due within 30 days of receipt of written notice that such money is due to the FWISD. If the CITY fails to make timely payment, FWISD may obtain such funds from the CITY by any means permitted by law, including but not limited to offset, counterclaim, cancellation, termination suspension, withholding of additional funds. N N �� b 1�lzE11 Page 4 of 11 21s'Century CLC F. No funds may be uses to pay for religious worship, instruction or proselytization, or for any equipment or supplies for such, or for construction, remodeling, repair, operation, or maintenance of any facility or part of a facility to be used for religious worship, instruction or proselytization. 7. GENERAL PROGRAM REQUIREMENTS. A. FWISD will: 1. Supervise, monitor, and guide to ensure alignment of project activities with grant guidelines. 2. Provide internal and external evaluation services through the Research and Evaluation Department. 3. Provide grant compliance and project development assistance through the Grants and Development Department. 4. Identify appropriate FWISD students for referral and program participation. tan parenta pernnssion or student part icipation m program. 6. Provide appropriate student orientation. 7. Work in cooperation with CBO to execute program evaluation tool (POE) as required by Texas Education Agency(TEA) and provide information to CBO. B. City of Fort Worth will: 1. Provide a key basis for program awareness. 2. Assist with recruitment of students and families. 3. Work with FWISD to execute the program evaluation (POE) as required by TEA. 4. Provide evaluation summary (POE) to the FWISD 21St CCLC personnel as required by TEA. 8. PROGRAM PREPARATION A. FWISD will 1. Recruit FWIDS staff: a. Project Manager b. Academic Liaison(AL) C. Tutors d. Teachers for academic activities e. Librarians and tech lab staff f. Monitors and custodial staff 2. Conduct 21St Century training. 3 Contract with CBOs a. Assist with CBO staff recruitment b. Assist with recruitment of community organizations. 4. Make arrangements for USDA snacks. 5. Make transportation arrangements. — -- i 5 Page 5 of 11 Vol?' �A Y 21s'Century CLC r-H,4Aa,- t5- 6. Evaluation: a. Plan for data collection b. Develop pre-tests 9. PROGRAM DEVELOPMENT A. FWISD AL will: 1. Coordinate planning for tutoring. 2. Plan for use of libraries and tech labs. 3. Finalize teachers for academic activities. 4. Assist with planning for adult literacy activities. 5. Plan for monthly"family R&' academic nights. 6. Develop a disciplinary plan with CBO coordinator. 7. Ensure there are enough teachers to supervise during snack time 8. Ensure adequate supervision at all times for students; class changes, dismissal; snack time. 9—. --S e an family recruithiminit-_ ------- a. Develop bilingual brochures and flyers b. Post on FWISD and City of Fort Worth web sites. C. Include in FWISD newspaper notes. d. Make presentations at teachers' meetings. e. Coordinate with Athletic program. f Coordinate with Student Service Teams g. Make personal contacts with youth and parents. 10. Volunteer Recruitment a. Work with School/Community Office b. Encourage parents to volunteer C. Recruit senior volunteers d. Make presentations to Adopt-A-School partners e. Solicit TEAM Fort Worth Mentor involvement. B. City will: 1. Prioritize program needs with AL 2. Ensure all staff attend required meetings. 3. Develop program plans with staff 4. Develop program plans with other groups 5. Ensure there is adequate staff to carry out disciplinary plans. 6. Student and family recruitment a. Develop bilingual brochures and flyers b. Post on FWISD and City of Fort Worth web sites. C. Include in FWISD newspaper notes. d. Make presentations at teachers' meetings. e. Coordinate with Athletic program. f Coordinate with Student Service Teams g. Make personal contacts with youth and parents. 7. Volunteer Recruitment Page 6 of 11 21"Century CLC a. Work with School/Community Office b. Encourage parents to volunteer C. Recruit senior volunteers d. Make presentations to Adopt-A-School partners e. Solicit TEAM Fort Worth Mentor involvement. 10. PROGRAM IMPLEMENTATION A. FWISD AL will: 1. Continue recruitment activities 2. Establish homework/tutoring space. 3. Coordinate additional hours for libraries and labs. 4. Assist with inclusion of TEKS in all CBO programs. 5. Conduct monthly"family fun" academic activities. ------------------------ 1. Continue recruitment activities 2. Coordinate all activities with AL 3. Provide student programs with intentional academic elements in the areas of: a. Health and wellness. b. Clubs and interest groups C. Life skills d. Creative Arts e. Service Learning C. FWISD will: 1. Evaluation: a. Conduct prep-tests as needed. b. Review attendance data collection and assist as needed with any difficulties. C. Review other performance data collection. 11. 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, and employees. CITY shall not be responsible under the Doctrine of Respondeat Superior for the acts and omissions of FWISD, its officers, members, agents, employees, or officers. The CITY shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of the FWISD. The CITY shall have the exclusive 1$-- and the exclusive right to control the work designated to the CITY to be Page 7 of 11 �� 21s'Century CLC hereunder, and all persons performing the same, and shall be solely responsible for the acts and omissions of its officers, members, agents, and employees. FWISD shall not be responsible under the Doctrine of Respondeat Superior for the acts and omissions of CITY, its officers,members, agents, employees, or officers. 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. 12. CLAIMS WAIVER OF RvM4UNITY. 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 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 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 ply. 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. The CITY agrees to require its contractors to furnish FWISD with certificate of insurance, acceptable to the FWISD, as proof that they secured and paid for a policy of public liability insurance covering all public risks related to work performed under this Agreement. . 13. 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 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. 14. NOTICES. Any notice provided for or permitted under this Agreement shall be made in writing and may be given or served by (i) delivering the same in pgrsp th� art. -,toT;, g Pa e 8 of 11 999 21St Century CLC be notified, or (ii) depositing the same in the mail, postage prepaid, certified with return receipt requested, and addressed to the party to be notified, or (iii) sending by telecopy, with a copy thereof sent by registered mail on the same day. If notice is deposited in the mail pursuant to (ii) or (iii) of this Section 10, it will be effective upon receipt or refusal. For the purpose of notice, the addresses of the parties are, until changed as provided below, as follows: City: 1000 Throckmorton Street City of Fort Worth Fort Worth, Texas 76102 Parks and Community Services FWISD: 4200 S. Freeway, Ste 2200 Fort Worth Independent School Fort Worth TX 76115 District 100 North University Drive With Copy to: Fort Worth, Texas 76107 Sarah Fullenwider Attention: Sue Matkin Assistant City Attorney However,the parties may from time to time change their respective addresses, and each shall have the right to specify as its address any other address upon at least ten days written notice to the other party. 15. NONDISCRIMINATION. A. 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. 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,religion, color, sexual orientation, or national origin,nor will FWISD permit its agents, employees, subcontractors or program participants to engage in such discrimination. 16. 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. 17. 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 Page 9 of 11 21s' Century CLC P 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. 18. 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. 19. SUBCONTRACTING. The CITY will not assign or subcontract any of its rights or responsibilities under this contract without prior formal written amendment to this Agreement properly executed by the CITY, FWISD and the Texas Education Agency. 20. SOLE AGREEMENT. This written instrument and any attached exhibits 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. 21. 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. 22. PARTIES BOUND. This Agreement shall be binding upon the successors and assigns of both parties in like manner as upon the original parties. 23. SEVERABILITY OF PROVISIONS. If any of the provisions contained in this Agreement shall be held, for any reason, to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability, shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 24. SIGNATURE AUTHORITY. FWISD certifies that the person signing this Agreement has been properly delegated this authority. '; Page 10 of 11 �� t 21"Century CLC PRtvL�� IN WITNESS WHEREOF, the parties hereto have executed this Agreement and any attachments and exhibits in multiples in Fort Worth, Tarrant County, Texas, this the Qrd day of AJO U(Yl L Q_� , 2004. CITY O F RT WORTH FORT W TH I NDENT SC 10 JI S T By: , �'� --- By: Libby Watson Presi�Iorth nt,Board of Educati Assistant City Manager Fort Independent School District ATTEST: ATTEST City Secretab Ir,Secretary Board of Education APPROVED AS TO FORM AND LEGALITY: David yett' City Attorney Assistant C' y Attorney Attorney for ort orth Independent School District Contra,ct Authori ration Date Pik CRY Page 11 of 11 City of Fort Worth,, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/21/2004 -Ordinance No. 16135 DATE: Tuesday, September 21, 2004 LOG NAME: 8021 ST CLC REFERENCE NO.: **C-20287 SUBJECT: Authorization to Enter into an Agreement with the Fort Worth Independent School District for the 21st Century Community Learning Center Program at Rosemont and Daggett Middle Schools RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to enter into an Interlocal Agreement with Fort Worth Independent School District (FWISD) for the 21st Century Community Learning Center Program at Rosemont and Daggett Middle Schools. 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the amount of$125,712.00 in the Grants Fund. DISCUSSION: FWISD has applied for and received funding from the Texas Education Agency (TEA) to provide academic and cultural enrichment programs outside the school day at designated schools through its 21st Century Community Learning Center Program (CLC). In addition to providing academic enrichment programs, students are offered a broad array of additional services, programs and activities that are designed to reinforce and complement the regular academic program of participating students. Families of students served by the CLC are also provided opportunities for literacy and related educational development. As a result of the excellent programs offered through a similar program funded through a TEA grant this past summer, FWISD has designated the City, through its Parks and Community Services Department, to provide the Community Learning Center Program at Rosemont and Daggett Middle Schools. The term of the Agreement, subject to grant funding, is for a period of one year ending on June 30, 2005 with five one-year renewals. The grant funding is on a reimbursable basis and based on actual expenditures, not budgeted amounts. Funds will be used to provide staffing, educational materials, training, tutors, adult literacy activities, "family fun" academic nights, snacks and related operating supplies and materials. This program is located in Council District 9. Logname: 8021ST CLC Page 1 of 2 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, in the Grants 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 GR76 488917 080449977000 $125,712.00 GR76 (5)VARIOUS 080449977010 $61,062.00 GR76 (5)VARIOUS 080449977020 $64,650.00 Submitted for City Manager's Office b Libby Watson (6183) Originating Department Head: Randle Harwood, Acting (5704) Additional Information Contact: Sandra Youngblood (5755) Logname: 8021ST CLC Page 2 of 2 Ordinance No. AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE GRANTS FUND IN THE AMOUNT OF $125,712, SUBJECT TO RECEIPT OF THE FUNDS FROM AN INTERLOCAL AGREEMENT WITH THE FORT WORTH INDEPENDENT SCHOOL DISTRICT, FOR THE PURPOSE OF FUNDING THE 21ST CENTURY COMMUNITY LEARNING CENTER PROGRAM AT ROSEMONT AND DAGGETf ELEMENTARY SCHOOLS; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2003 2004 and in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Grants Fund in the amount of$125,712, subject to receipt of the funds from an Interlocal Agreement with Fort Worth Independent School District, for the purpose of funding the 21St Century Community Learning Center program at Rosemont and Daggett Elementary Schools. SECTION 2. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance,which said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance No. 15636 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney ADOPTED AND EFFECTIVE: