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HomeMy WebLinkAboutContract 31370 CITY SECRETARY CONTRACT NO. CONSENT AGENDA ITEM BOARD MEETING February 8, 2005 INTER-LOCAL AGREEMENT FOR CITY PROVIDED SERVICES TO FORT WORTH AFTER SCHOOL FOR SY 2004-2005 BACKGROUND A contractual relationship exists between the District and each of the community agencies and organizations that provide programs and services through the Fort Worth After School initiative. To establish the City as a program provider at Como Elementary School, an agreement was written which outlines the respective and mutual responsibilities of the District and the City in the funding and administration of the after-school program at this site. Funds for these services have been budgeted and committed. Copies of the agreement are attached. ALTERNATIVES: 1. Approve the inter-local agreement. 2. Remand to administrative staff to explore other alternatives. SUPERINTENDENT'S RECOMMENDATION: Approve the inter-local agreement. COSTS: There are no additional costs. The district has previously committed Forty Eight Thousand Nine Hundred Seventy Dollars and No Cents ($48,970.00) for services provided by the City at Como Elementary School. RATIONALE: This agreement establishes a service provision agreement between the District and the City to provide an after-school program and services to students at Como Elementary School. INFORMATION SOURCES: Walter Dansby Dennis Dunkins Miguel Garcia, Jr. 02-21 -05A[)9 : 36 RCVD INTERLOCAL AGREEMENT BETWEEN FORT WORTH INDEPENDENT SCHOOL DISTRICT AND THE CITY OF FORT WORTH This INTERLOCAL AGREEMENT is made and entered into this the day of , 2005, by and between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas, located within Tarrant, Denton, and Wise Counties, Texas (Hereinafter referred to as the "CITY") and the BOARD OF TRUSTEES of the FORT WORTH INDEPENDENT SCHOOL DISTRICT, a political subdivision of the State of Texas and a legally constituted Independent School District located within Tarrant County, Texas. (Hereinafter referred to as the "FWISD"). RECITALS This Agreement is made under the authority granted to the CITY and the FWISD by and pursuant to the Texas Government Code, Chapter 791, known as the INTERLOCAL COOPERATION ACT. WHEREAS, the City Council of Fort Worth and the Fort Worth Independent School District Board of Trustees have determined that the security and well-being of students at middle and elementary schools during after-school hours of 3:00 to 6:00 PM are of prime importance; and WHEREAS, the City Council of Fort Worth and the Fort Worth Independent School District Board of Trustees by consensus agree that the activities of elementary and middle school children during these critical hours are of paramount importance to both government entities; and WHEREAS, on September 13, 2000, FWISD and CITY entered into an Interlocal Agreement under City Secretary Contract Number 26179 to operate after-school programs at selected schools as a juvenile crime measure; and WHEREAS, the Coordinating Board for the FWISD, pursuant to its powers and the terms under City Secretary Contract Number 26179, has designated the CITY, through its Parks and Community Services Department, to provide the after school program at Como Elementary School; NOW THEREFORE, in consideration of the mutual covenants herein expressed the CITY, acting by and through its duly authorized Assistant City Manager, and FWISD, acting by and through its duly authorized superintendent, do hereby covenant and agree as follows: AGREEMENT Pursuant to the designation by the FWISD Coordinating Board under the terms of City Secretary Contract No. 26179, the CITY and FWISD agree that: 1. The CITY will implement and operate the after school program at Como Elementary School pursuant to the terms of City Secretary Contract No. 26179. The Coordinating Board, as established under City Secretary Contract No. 26179, shall oversee the implementation and operation of said programs. 2. GOALS AND MISSION STATEMENT. The mission of the After-School Program at Como Elementary School shall be: "To enable needs-based after-school programs in a safe environment that result in educational, physical, and social development for elementary and middle school aged children." Goals of the After-School Program shall include, at a minimum: ➢ To provide homework assistance, tutorial, and relevant educational programs ➢ To improve the awareness of the importance of learning ➢ To reduce the level of truancy ➢ To address the students physical needs ➢ To provide activities that promote social development ➢ To reduce juvenile arrests ➢ To reduce juvenile victims of crimes during the target hours Operational Imperatives are: ➢ To establish program goals and objectives that are measurable and result in desired outcomes through a scientific evaluation process ➢ To ensure that program participants achieve improvement in core program outcomes through an accountable system of measurement ➢ To ensure that existing programs are not duplicated, or if appropriate, are expanded or complimented through an inventory and evaluation of existing programs. 3. FUNDING. 1. FWISD agrees to pay the CITY Forty Eight Thousand Nine Hundred Seventy Dollars and 00/100 ($48,970.00) to fund the operation of the After-School Program at Como Elementary School. Pursuant to 791.011 of the Interlocal Cooperation Act, each parry paying for performance of governmental functions or services must make those payments from current revenues available to the paying party. Payments will be due within 30 days from receipt of invoice. 4. TERM. The term of this agreement is for a period beginning on August 1, 2004, and ending on July 31, 2005 and shall cover the entire 2004-2005 school year. This contract may be renewed by both parties on an annual basis through the approval of an addendum setting a new term of the agreement, any additional school sites and payment for said after-school programs can be added to the addendum by mutual agreement of the parties. 5. NON-APPROPIATION OF FUNDS. It is expressly understood and agreed between the parties that this agreement is wholly conditioned upon the actual receipt by the CITY of funds from the Fort Worth Crime Control and Prevention District. If for any reason, at any time during any term of this Agreement, the City Council fails to appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the City may terminate this Agreement to be effective on the later of (i) thirty (30) days following delivery by the City to FWISD of written notice of the City's intention to terminate or (ii) the last date for which funding has been appropriated by the City Council for the purposes set forth in this Agreement If 6. TERMINATION OF AGREEMENT. If the CITY or the FWISD fails, for any reason, to perform any provision of this Agreement, this Agreement may be terminated if the default continues for a period of thirty (30) days after the notifying party notifies the defaulting party in writing of the default and its intention to declare this Agreement terminated. If the defaulting party does not cure or correct such breach within the thirty (30) day period, the notifying party shall have the right to declare this Agreement immediately terminated and neither party shall have further responsibility or liability hereunder. This agreement may be terminated by either party, in whole or in part, at any time and for any reason, upon written notice to the other party. Such written notice shall specify to what extent the work under the contract is being terminated and the effective date of termination. 7. INDEPENDENT CONTRACTOR. FWISD shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of the CITY. FWISD shall have the exclusive control of, and the exclusive right to control the work designated to the FWISD to be performed hereunder, and all persons performing the same, and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, and employees. Neither City nor FWISD shall be responsible under the Doctrine of Respondeat Superior for the acts and omissions of its officers, members, agents, servants, employees, or officers of the other. 8. NONDISCRIMINATION. Neither the City and FWISD, nor any of its officers, members, agents, employees, program participants, or subcontractors, while engaged in performing this contract, shall in connection with the employment, advancement, or discharge of employees, or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age, except on the basis of a bona fide 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, sexual orientation or national origin, nor will FWISD permit its agents, employees, subcontractors or program participants to engage in such discrimination. 9. 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. 10. WAIVER OF DEFAULT. No waiver by the parties hereto of any default or breach or the failure to insist upon the performance of any term, condition, provisions or covenant of this Agreement shall be deemed to be a waiver or relinquishment to any extent of any other breach of the same or any other term, condition, provision, or covenant contained herein or the right of the parties to assert or rely upon any such term. 11. APPLICABLE LAW. (a) This contract shall be construed in accordance with the laws of the State Of Texas. (b) Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance or non-performance of this contract and agreement, venue for said action shall lie in Tarrant County,Texas or the Federal Court of the Northern District. 12. SOLE AGREEMENT. This written instrument constitutes the entire agreement by the parties hereto concerning the work and services to be performed and any prior or contemporaneous, oral or written agreement, which purports to vary from the terms hereof, shall be void. 13. AMENDEMENT. No amendment, modification or alteration of the terms hereof shall be binding unless the same is in writing, dated subsequent to the date hereof and duly executed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort Worth, Tarrant County, Texas this day of , 2005. ATTEST: CITY OF FORT WORTH ' � 1 Bye City Secretary Ltbluy S•h Assistant City Manager APPROVED AS TO FORM AND LEGALITY David Ye City Attorney By. Assistt City Attorney Attorney for ort W r h Independent School is ict Date: e `� d� Date: ATTEST: FORT WORTH INDEPENDENT SCHO STRICT - B Ju Rangel, Secrery Joe R per' endent Bid of Education Fort h Independent School District L—'2MO Contract Authorization • ate 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 Libby Watson, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same as the act of the City of Fort Worth and that he executed the same as the act of the said City of Fort Worth for the purposes and consideration therein expressed and in the capacity herein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this c>70 day of 2005 � �P e•; ROSELLA BARNES NOTARY PUBLIC State of Texas X044&4­�ZNotary � /Comr Exp 03-31-2005 Public in and for the State of Texas STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Ae)(' 5 , on this day personally appeared Joe Ross, Superintendent, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was for the purposes and consideration therein expressed, as the act and deed of the Fort Worth Independent School District, and in the capacity therein stated as its authorized officer or representative. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this f day of �G *-u 2005 =~PP GAYLE L.WILLIAMS " * Notary PUbIIc N tary P lic in and for the State STATE OF TEXAS F My Comm,Exp.08/07/2008 of Texas �.7,Y�� �S�i:J'r i��t.1�r• City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/28/2004 - Ordinance No. 16144 DATE: Tuesday,, September 28, 2004 LOG NAME: 80FWISD REFERENCE NO.: **C-20306 SUBJECT: Authorization to Enter into an Agreement with the Fort Worth Independent School District for the After School Program-at Como-Elementary School RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to enter into agreement with the Fort Worth Independent School District (FWISD) for the After School Program at Como Elementary School for the 2004-05 school year; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the amount of$ 48,970.00 in the General Fund. DISCUSSION: On August 8, 2000 (M&C C-18183), the City Council authorized an agreement with Fort Worth Independent School District to operate an after school program at selected schools to serve as a juvenile crime prevention measure. One school at which the Parks and Community Services Department provides this program is Como Elementary School. The Parks and Community Service staff conduct the Como Elementary School program at the center. The Fort Worth Independent School District will provide $48,970 for the school year 2004-2005. Since funds are provided on a school year basis, the contract between the Fort Worth Independent School District and the City of Fort Worth for operations of the After School Program is renewed each school year. The school served by this agreement is located in Council District 7. FISCAL INFORMATION/CERTIFICATION: The Finance Department certifies that upon approval of the above recommendation and adoption of the attached appropriation ordinance, funds will be available in the operating budget, as appropriated, of the General Fund. The Parks and Community Services Department is responsible for the collection and deposit of funds from this agreement. Logname: 80FWISD Page 1 of 2 TO Fund/Account/Centers FROM Fu nd/Accou nt/C enters GG01 488100 0801000 $48,970.00 GG VARIOUS 0890523 $0.000 GG01 VARIOUS 0800523 $489-70.00 Submitted for City Manager's Office bv: Libby Watson (6183) Originating Department Head: Richard Zavala (5704) Additional Information Contact: Leona Johnson (5775) Logname: 80FWISD Page 2 of 2