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HomeMy WebLinkAboutContract 47853 CITY SECRETARY. CONTRACT NO. q kS3 _ INTERLOCAL COOPERATION AGREEMENT BETWEEN FORT WORTH INDEPENDENT SCHOOL DISTRICT AND THE CITY OF FORT WORTH This Interlocal Cooperation 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"), by and through its duly authorized Assistant City Manager, and the FORT WORTH INDEPENDENT SCHOOL DISTRICT, a political subdivision of the State of Texas and a legally constituted Independent School District("FWISD"), by and through its duly authorized representative. 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,City, through its Parks and Community Services Department, manages and operates a summer day camp program called Mobile Recreation Summer Day Camp("Program"); WHEREAS, the Program is a free, structured seven week summer day camp that provides various activities and educational programs for nearly 1,000 area children ages 5-14, including, among other things, fitness and athletic programs, fire safety, environmental education, arts and crafts, indoor and outdoor activities, and cultural programs on diversity; WHEREAS, children that attend the Program also have the opportunity to participate in off-site swim lessons through the City's learn to swim program and various field trips; WHEREAS, FWISD is the primary school district that serves residents of the City of Fort Worth; WHEREAS, increased academic and physical activities for youth during the summer months have been identified as a major need by teachers,students,parents and community members; WHEREAS,FWISD and City desire to collaborate to ensure that the needs of the community are met and the purposes of the Program are carried out; WHEREAS, as part of this collaboration, FWISD wishes to provide the City with space at the following four FWISD school locations for the City to conduct the Program: (1) Daggett Middle School, (2) George C. Clarke Elementary School, (3) R. L. Paschal High School, and (4) Seminary Hills Park Elementary School; WHEREAS, FWISD has also offered City with the use of its aquatics facility at Wilkerson- Greines Activity Center for the purpose of conducting City's Learn To Swim program; WHEREAS, FWISD also desires to provide bus transportation for children participating in the Program's off-site field trips and swim lessons; WHEREAS, both parties to this Agreement are individually authorized to perform the functions and services set forth herein; WHEREAS, City and FWISD desire to set out each party's roles and responsibilities as they relate to the Program; WHEREAS, authority has been granted to the City to execute this Agreement through Section 2- 9 of the City of Fort Worth Code of Ordinances;and OFFICIAL RECORD 9 SECRpEry��iG�RV T1I°dl Interlocal Agreement for the Mobile Recreation Summer Day Camp Program J'�. M0 ;T'1K NOW, THEREFORE, in consideration of the mutual covenants herein expressed the parties agree as follows: 1. OBJECTIVES AND GOALS 1.1. The primary objectives of the Program shall include the following: I. Increase leadership and decision-making skills of children. 2. Increase the achievement gap between lower-and higher-income youth by providing equal access to quality summer learning opportunities. 3. Increase the number of students who demonstrate increased proficiency in reading, science, and mathematics as demonstrated through participation in the Worth Reading Program; partnering with the City of Fort Worth Libraries, providing Science, Technology, Engineering, and Mathematics ("STEM") education through Engineering Adventures Curriculum designed for out-of-school time programs giving children real-world engineering challenges and promoting creative problem-solving, collaboration with Girls Inc. will provide opportunities for girls participating in the Program to become more confident with programs including, self-Esteem, communication and a STEM lesson for three weeks during camp. 4. Increase the number of students involved in positive youth development activities that occur outside school hours and that are designed to provide a safe haven for students while reducing disciplinary placements and juvenile crime. A two week collaboration with Girl Scouts YES Camp provides an array of positive youth development activities in addition to outside speakers. 5. Increase the number of students who demonstrate increased proficiency in swimming by providing access to quality swim lessons that help to promote confidence in the water while reducing the drowning rates in Tarrant County. Children participate in lessons twice a week. 1.2. The primary goals of the Program shall include the following: I. Provide opportunities for academic, physical, and cultural enrichment, including providing field trips to various locations throughout Tarrant County that help to excite children about science,technology,engineering, art and math. 2. Offer participating children a broad array of additional services, programs, and activities that are designed to reinforce and complement the students' regular academic program. Access to physical activity, drug and violence prevention programs, art, music, along with various opportunities to be creative. 2. FUNDING 2.1. FWISD agrees to fund all transportation costs associated with the Program, including weekly field trips to and from the Program Sites (as defined below) and twice-weekly trips to and from the four school sites associated with the Program Sites and Wilkerson-Greines Activity Center for swim lessons. FWISD also agrees to fund all electrical, heating and air conditioning, water and sewer, trash services, and any other utility charges that come due for the ordinary use of the Program Sites. FWISD also agrees to fund all FWISD staffing and employee costs, including any associated pay and benefits. Interlocal Cooperation Agreement for the Mobile Recreation Summer Day Camp Program 2 of 9 2.2. City agrees to fund all City staffing, supplies, and all other allowable Program expenses associated with the operation of the Program that are not funded by the FWISD. 2.3. 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. 3. TERM AND TERMINATION 3.1. Unless terminated earlier as set forth herein, the term of this Agreement shall be from May 30, 2016, through August 5,2016. 3.2 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. 3.3 This Agreement is subject to availability of funds from FWISD and City. All amendments and extensions or subsequent contracts entered into for the same or continued purposes will be executed contingent upon the availability of funds. Notwithstanding any other provision in this Agreement or any other document,this Agreement shall terminate in the event appropriated funds becoming unavailable. 4. GENERAL RESPONSIBILITIES OF THE PARTIES 4.1 FWISD will: 1. Provide City with the use of certain space at the following four FWISD school locations necessary for City to conduct the day-to-day operations of the Program: a. Daggett Middle School, 1108 Carlock Street,Fort Worth,Texas 76110 b. George C. Clarke Elementary School, 3300 S. Henderson Street, Fort Worth, Texas 76110 c. R. L.Paschal High School,3001 Forest Park Boulevard,Fort Worth,Texas 76110; d. Seminary Hills Park Elementary School, 5073 Townsend Drive, Fort Worth, Texas 76115 2. Provide City with the use of Wilkerson-Greines Activity Center, 520I C.A. Robertson Boulevard, Fort Worth, Texas 76119, for the purpose of conducting City's Learn to Swim program and any associated summer swimming education programs. The locations set forth in 4.1.1 and 4.1.2 are collectively referred to herein as the"Program Sites." 3. Provide bus transportation to and from the Program Sites for all field trips and swim lessons associated with the Program for the duration of the Program. a. FWISD shall ensure that any and all bus drivers have received all applicable certifications from the Texas Department of Public Safety, including, but not limited to, the School Bus Driver Certification, for the transportation required under this Program. b. FWISD shall ensure that all bus drivers and anyone else employed by the FWISD who is or may be present during such transportation activities have undergone a any Interlocal Cooperation Agreement for the Mobile Recreation Summer Day Camp Program 3 of 9 and all criminal background checks required by any Federal, State, or local laws, rules, regulations or policies. c. FWISD shall ensure that all vehicles, including, but not limited to buses, used to carry out the purpose of this Program are in maintained and kept in good working order and comply with any and all Federal, State, and local laws, rules and regulations governing the same. 4. Designate a representative from the FWISD to coordinate Program operations with the City's designated Program coordinator. Such coordination will include, without limitations, the following: a. Internal and external support services, including, without limitation, the use of the Program Sites (including, opening and closing the Program Sites and assistance with any utilities)and use of any equipment contained within the Program Sites. b. Any and all Program transportation issues, including, but not limited to, scheduling procedures for pick-up and drop-off and transportation logistics. c. Communications between Program staff at each individual school site listed in Section 4.1.1 and staff at the Wilkerson-Greines Athletic Center. d. Use of libraries and labs at the Program Sites, to the extent applicable and permitted by the FWISD. 5. Furnish the necessary utilities and electrical power for the ordinary and intended use of such, including, but not limited to,all electrical, heating and air conditioning, water and sewer, and trash services. 6. Permit the City to bring into the Program Sites any equipment and supplies reasonably necessary to further the purpose of the Program. 7. Provide parking at the Program Sites sufficient to serve the purpose of the Program, including, but not limited to, parking for Program staff and parents. 8. Encourage FWISD students for referral and Program participation. 9. Maintain, in good repair, the Program Sites and vehicles used for the Program. In the event any presently installed plumbing, plumbing fixtures, electrical wiring, lighting fixtures, pool equipment, or heating and air conditioning equipment are not in good working condition during the term of this Agreement, FWISD agrees to repair promptly any such defects after receiving written notice from City. 4.2 City will: 1. Provide a Program coordinator to help oversee implementation and supervision of the Program and work collaboratively with the FWISD in the delivery of Program services. a. Among other things, the City's Program coordinator will communicate with the FWISD on issues related to support services, including any City equipment necessary for the operation of the Program, use of other City programs that support this Program,use of City libraries and facilities, and City staff. 2. Coordinate Program activities with FWISD staff at the Program Sites. 3. Be responsible for hiring,training, supervising,and terminating City staff on a Program level. 4. Collaborate with community organizations, businesses, and volunteers to support the Program. 5. Provide communication to certain FWISD schools for Program awareness and recruitment. 6. Obtain parental permission for student participation in the Program. 7. Provide the Program to include subjects in the following areas: a. Health and wellness; b. STEM curriculum; c. Life skills; d. Creative Arts;and e. Service Learning. lntcrlocai Cooperation Agreement for the Mobile Recreation Summer Day Camp Program 4 of') 8. Make arrangements for United States Department of Agriculture approved snacks. 5. INDEPENDENT CONTRACTOR 5.1 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. 5.2 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 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. 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. 5.3 Nothing herein shall be construed as the creation of a partnership or joint enterprise between City and FWISD. It is further understood that the City shall in no way be considered a Co-employer or a Joint employer of FWISD or any employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers of FWISD. Neither FWISD, nor any officers, agents, servants,employees or subcontractors of FWISD shall be entitled to any employment benefits from the City. FWISD shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its employees,representative,agents, servants,officers,contractors,subcontractors, and volunteers 6. CLAIMS AND WAIVER OF IMMUNITY 6.1 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 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. 6.2 Nothing herein shall be deemed to constitute a waiver or surrender of any immunity, power, or affirmative defense that may be asserted by FWISD or the City. 7. NOTICES 7.1 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 person to the party to 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. If notice is deposited in the mail pursuant to this Section, 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: Com: FWISD: City of Fort Worth Fort Worth Independent School District Parks and Community Services 100 North University Drive Attn: Director Fort Worth,Texas 76107 4200 S.Freeway,Suite 2200 Attention:Miguel Garcia Imerlocal Cooperation Agreement for the Mobile Recreation Summer[lay Camp Program 5 of 9 Fort Worth TX 76115 With Copy tato: City of Fort Worth Attn: City Manager and City Attorney 1000 Throckmorton Street Fort Worth,Texas 76102 However, the parties may from time-to-time change their respective addresses,and each shall have the right to specify another address, which shall be effective following at least ten(10)days' written notice to the other party. 8. NONDISCRIMINATION 8.1 The parties shall not engage in any unlawful discrimination based on race, creed, color, national origin, sex, age, religion, disability, marital status, citizenship status, sexual orientation or any other prohibited criteria in any employment decisions relating to this Agreement, and the parties represent and warrant that, to the extent required by applicable laws, they are equal opportunity employers and shall comply with all applicable laws and regulations in any employment decisions. 9. INSURANCE 9.1 The City and FWISD are basically self-funded entities and, as such, generally, they do not maintain commercial liability insurance policies to cover premises or auto liability. Damages for which City or FWISD would ultimately be found liable would be paid directly and primarily by said party and not by a commercial insurance company. 10. LIABILITY AND HOLD HARMLESS 10.1 TO THE EXTENT PERMITTED BY LAW, FWISD COVENANTS AND AGREES TO RELEASE, INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, IT REPRESENTATIVES, OFFICERS,AGENTS, SERVANTS,AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR RPROPERTY DAMAGE, PERSONAL INJURY, OR ANY OTHER TYPE OF LOSS OR ADVERSE CONSEQUENCE RELATED IN ANY WAY TO THE EXISTENCE OF THIS AGREEMENT OR THE USE OR THE PROGRAM SITES OR FWISD BUSES AND VEHICLES, REGARDLESS OF WHETHER THE ACT OR OMISSION COMPLAINED OF RESULTS FROM THE ALLEGED NEGLIGENCE OR ANY OTHER ACT OR OMISSION OF FWISD,CITY,OR ANY THIRD PARTY. 10.2 FWISD agrees that the City shall not be liable for any loss, injury,or damage whatsoever suffered or incurred by FWISD or its officers, agents, representatives,employees, invitees,and contractors except to the extent caused by the sole negligence of City. 11. FIXTURES 11.1 FWISD agrees that no property or equipment,owned or installed by City,or any representative of City,shall, under any circumstances, become a fixture, and that City reserves the right to remove any and all such property or equipment at any time during the term of this Agreement, or subsequent to its ternUnation by either party. FWISD further agrees that FWISD will, at no time, hold or retain, any property owned or installed by City, for any reason whatsoever. Interlocal Cooperation Agreement Cor the Mobile Recreation Summer Day Camp Program 6 of 9 12. SEVERABILITY 12.1 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 that can be given effect without the invalid provision. 0. WAIVER OF DEFAULT 13.1 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. M. APPLICABLE LAW AND VENUE 14.1 This Agreement shall be construed in accordance with the laws of the State of Texas. I4.2 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 United States District Court for the Northern District of Texas —Fort Worth Division. 15. THIRD-PARTY RIGHTS AND ASSIGNMENT 15.1 The provisions and conditions of this Agreement are solely for the benefit of City and FWISD, and any lawful assign or successor of FWISD, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 15.2 The parties will not assign or subcontract any of their rights or responsibilities under this Agreement without a prior formal written amendment to this Agreement properly executed by parties. This Agreement shall be binding upon the successors and assigns of both parties in like manner as upon the original parties. 16. AMENDMENTS,CAPTIONS.AND INTERPRETATION 16.1 Except as otherwise provided in this Agreement, the terms and provisions of this Agreement may not be modified or amended except upon the written consent of both the City and FWISD. 16.2 Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 16.3 In the event of any dispute over the meaning or application of any provision of this Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more strongly for or against any party,regardless of the actual drafter of this Agreement. 17. Interlocal Cooperation Agreement for the Mobile Recreation Summer Day Camp Program 7 of 9 FORCE MAIEURE 17.1 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, declaration of a state of disaster or emergency by the federal, state, county, or City government in accordance with applicable law; 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 during the continuance of such event. 18. COMPLIANCE WITH LAWS 18.1 This Agreement is subject to all applicable federal, state and local laws, ordinances, rules and regulations, including, but not limited to, all provisions of the City's Charter and ordinances, as amended. 18.2 If City notifies FWISD or any of its officers, agents, employees, contractors, subcontractors, licensees, volunteers, or invitees of any violation of such laws, ordinances, rules or regulations, FWISD shall immediately desist from and correct the violation. 19. AUTHORIZATION AND COUNTERPARTS AND ELECTRONIC SIGNATURES 19.1 By executing this Agreement, each party's agent affirms that he or she is authorized to execute this Agreement and that all representations made herein with regard to each party's identity, address, and legal status are true and correct. 19.2 This Agreement may be executed in several counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. A signature received via facsimile or electronically via email shall be as legally binding for all purposes as an original signature. 20. SOLE AGREEMENT 20.1 This written instrument and any attached exhibits constitute the entire understanding between 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in Tarrant County, Texas. THE CITY OF FORT WORTH FORT WORTH INDEPENDENT SCHOOL D TRICT �Rl By: By: Su Alanis Dr. Kent Paredes Scribner Assistant City Manager Su eriinnteen�dent Date: (0 > Date: Interlocal Cooperation Asreemenl for the Mobile Recreation Summer Day Camp Program 8 of 9 ATTEST: j40, g TTEST 00 CPP City Secr Tobi Jackson Secretary, Board of Education APPROVED AS TO FORM AND LEGALITY: Assis ity Attorney Attorney for Fort Worth Independent School 7'r V-' cl,"'E District No M&C Required OFFICIAL RECORD CITY SECRETARY FT WORTH, TX Imerlocal Cooperation Agreement for the Mobile Recreation Summer Day Camp Program 9 of 9