HomeMy WebLinkAboutContract 47162 l.r01 1RA T
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").
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 government entities;
WHEREAS, for more than a decade, the FWISD and City have entered 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 approved by the Fort Worth City Council on
September 23, 2014 as Mayor and Council Communication C-27014 (the "Coordinating Board
Agreement");
WHEREAS, FWISD and City anticipate executing a new Coordinating Board Agreement
to continue funding and operating the coordinating board and the after-school program for the
2015-2016 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 Parks and
Community Services Department, to provide the after-school program at Como Elementary
School;
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 Parks and Community Services Department,
tray continue to provide the after-school program at Como Elementary School for the 2015-2016
school year.
NOW THEREFORE, in consideration of the mutual covenants herein expressed, the
,� V�� City, acting by and through its duly authorized Assistant City Manager, and FWISD, acting by
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z nd through its duly authorized superintendent, do hereby covenant and agree as follows:
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Interlocal Agreement with FWISD for After School Program at Como Elementary School Year 2015-2016 1 of 7
Pursuant to the designation by the Coordinating Board under the Coordinating Board
Agreement,the City and FWISD agree that:
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 governing the 2015-2016 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-based 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 a minimum:
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
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
iii. 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.
(a) FWISD agrees to pay the City up to Seventy-Five Thousand Dollars and
00/100 ($75,000.00) to fund the operation of the After-School Program at Como
Elementary School. 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
reimbursement requests to the FWISD in a manner and form agreed to by the
Interlocal Agreement with FWISD for After School Program at Como Elementary School Year 2015-2016 2 of 7
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 request.
(c) 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.
4. TERM. The term of this Agreement is for a one-year period, effective beginning on
July 1, 2015, and ending on June 30, 2016 and shall cover the entire 2015-2016 school
year.
5. NON-APPROPRIATION 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.
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:
If to City If to FWISD
Susan Alanis Patricia A. Linares
Assistant City Manager Interim Superintendent
City of Fort Worth Fort Worth Independent School District
1000 Throckmorton St. 100 N. University Dr.
Fort Worth, Texas 76102 Fort Worth, Texas 76107
Interlocal Agreement with FWISD for After School Program at Como Elementary School Year 2015-2016 3 of 7
(817) 392-8180 (817) 871-2000
With a copy to: With a copes
City Attorney's Office General Counsel's Office
City of Fort Worth Fort Worth Independent School District
1000 Throckmorton 100 N. University Dr.
Fort Worth, Texas 76102 Fort Worth, Texas 76107
8. 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 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 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 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, race, religion, color, sexual orientation or national origin,
nor will FWISD 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 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.
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.
Interlocal Agreement with FWISD for After School Program at Como Elementary School Year 2015-2016 4 of 7
12. NOTICE OF CLAIMS. 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.
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 party.
(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. FWISD agrees to require its contractors to furnish the City with
certificates of insurance, acceptable to the City, as proof that they secured and paid for
a policy of commercial liability insurance covering all public risks related to work
performed under this Agreement.
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 VENUE.
(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
Interlocal Agreement with FWISD for After School Program at Como Elementary School Year 2015-2016 5 of 7
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.
18. ENTIRE AGREEMENT. This written instillment 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.
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 hereto hay executed this Agreement in multiples
in Fort Worth, Tarrant County, Texas this t day of 00'Loger 2015.
CITY OF FORT WORTH FORT WORTH INDEPENDENT
SCIIO DISTRICT
�M
y
(Sus' n Alanis Patricia
l-ssistant City Manager Interim Superintendent
APPROVED AS TO FORM
AND LEGALITY:
//4k
Assistant ttorney Attorney for Fort Worth
Independent School District
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ry J. Kayser % °� � T ackson
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City Secretary Secretary, Board of Education
Contract Authorization
M&C: C-27300 O I�.,. � �n��,° r� �;
Date: May 19, 2015 ��� G� �, r� �
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Interlocal Agreement with FWISD for After School Program at Como Elementary School Year 2015-2016 6 of 7
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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 Susan Alanis, Assistant City Manager, 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 day
of , 2015.
L7N[LINDA MY cM
OFeb
Notary 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 Texas,
on this day personally appeared Patricia A. Linares, Interim 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 - =` day of
' r- , 2015.
NotaryQ 4. ublic in and for the State of
Texas
ov
0`11F1 1 1 D1AL
TX
Interlocal Agreement with FWISD for After School Program at Como Elementary School Year 2015-2016 7 of 7