Loading...
HomeMy WebLinkAboutContract 26179 CITY SECRETARY CONTRACT NO. STATE OF TEXAS § COUNTIES OF TARRANT § AND DENTON 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, the Fort Worth Independent School District proposes to provide an After-School Program in conjunction with the City of Fort Worth; NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That for and in consideration of the mutual covenants, promises and agreements contained-herein, the City of Fort Worth, hereinafter referred to as "City,"acting by and through Libby Watson, its duly authorized Assistant City Manager, and the Fort Worth Independent School District, hereinafter referred to as "District,"acting by and through Dr.Thomas Tocco, its duly authorized Superintendent,do hereby covenant and agree as follows: 1. City and District together covenant and agree to fully cooperate in the implementation of this project and both parties agree that: A. A Coordinating Board shall be established to oversee the implementation and operation of the After-School Program. Said Coordinating Board shall.. meet at least quarterly and consist of the following persons: • Director, Our City Our Children • Executive Director, Crime Prevention Resource Center • Assistant Director,Tarrant County Juvenile Services • Assistant City Manager, City of Fort Worth • Associate Superintendent,Fort Worth Independent School District • Chief of Police, City of Fort Worth • Director of Student Affairs, Fort Worth Independent School District • Director of Parks and Community Services, City of Fort Worth • Director of Athletics,Fort Worth Independent School District ,,UAP-DI�:� I Fcq, i: _ �� TEX. The Coordinating Board shall have the following responsibilities; 1. Approve program-wide scope, goals and objectives 2. Approve site selection process 3. Select sites based on selection criteria 4. Evaluate reported results from campus programs 5. Evaluate funding needs 6. Recommend future direction and standards B. The District shall be responsible for day-to-day administration of the After-School Program and will at a minimum employ a Director, four Program Coordinators and a grant writer/fund development professional. C. The District shall establish a site-based advisory committee at each middle and elementary school which operates an after-school program. This committee may be a new body or the site-based management team provided it includes the principal and representatives of the community, faculty, and student body. D. The District shall, through a Request for Proposal process, select an independent entity to conduct an in-depth longitudinal evaluation of the After-School Program. This evaluation process shall be constructed prior to the implementation of the program and continue for four(4) consecutive years, with an in-depth written evaluation provided following the conclusion of the fourth year. During intervening years the evaluator shall provide an overview and feedback on existing programs and recommendations for improvement. E. The City Council of Fort Worth and the Fort Worth Independent School District Board of Trustees shall meet annually to review the After-School Program. 2. The mission of the After-School Program 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 -2- �z.z • 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. It is understood that during SY 2000—2001 the City of Fort Worth shall provide $1,100,000 dollars for the support of the After-School Program to the District. It is also understood that the District shall also provide at a minimum$1,100,000 for this project. The City and District may, acting through the Coordinating Board, establish a sliding fee- scale for participation in the program so long as no child at a participating school gets turned away and volunteer time by a parent, guardian, or designee can be counted toward the fee. It is agreed that any fees collected shall be expended towards the After-School Program primarily at the site where the fees are collected. The City of Fort Worth will make four equal payments of$275,000 each on October 1, 2000; January 1, 2001; April 1, 2001; and July 1, 2001. 4. The term of this agreement is for a period beginning on June 1, 2000, and ending on May 31, 2001, and shall cover the entire SY 2000-2001. 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.— 5.-- 5. It is expressly understood and agreed by and between the parties hereto that this agreement is wholly conditioned upon the actual receipt by City of funds from the Fort Worth Crime Control and Prevention District and that if such funds from the Fort Worth Crime Control and Prevention District are not timely forthcoming, in whole or in part, City may, at its sole discretion, terminate this contract and agreement. 6. '�")Fp dk HtooC °\'b -3- 08/0a/2000 vi.z Tliis agreement may be terminated by either party hereto, 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. District shall operate hereunder as an independent District and not as an officer, agent, servant or employee of City. District shall be solely responsible for the acts and omissions of its officers, members, agents, servants, and employees. Neither City nor District 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. City and District each covenant to the other that neither such party 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. 9. City and District, in the execution, performance or attempted performance of this contract and agreement, will not discriminate against any person or persons because of sex,race, religion, color or national origin, nor will District permit its agents, employees, subcontractors or program participants to engage in such discrimination. 10. City and District covenant and agree that in the event either party fails to comply with,or breaches, any of the terms and provisions of this agreement, each party shall provide written notice to the other as soon as reasonably possible after the non-breaching party becomes aware of the failure to comply or breach of contract. In the event that the breaching party fails to cure or correct such breaches within a reasonable time following the receipt of notice, such reasonable time not to exceed 30 days, the non-breaching party shall have the right to declare this agreement immediately terminated, and neither party shall have further responsibility or liability hereunder. 11. 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 commissioIN n over the subject :D-4- 08/04/2000 v22 matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. 12. The failure of City or District to insist upon the performance of any term or provision of this agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's or District's right to assert or rely upon any such term or right on any future occasion. .13. 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. 14. This written instrument constitutes the entire agreement by the parties hereto concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. IU 0 -5- 08/04/2000 v2.2 IN WITNESS WHEREOF, the parties hereto have executed t is aee ent in multiples in Fort Worth, Tarrant County, Texas, this /��ay of , A.D. 2000. A ST: C Y OF FORT WORTH By: C ty Secret 9-I t3 V6 Libby W son Assistant City Manager APPROVED AS TO FORM AND LEGALITY: C' - �' City A omey FWISD IrO77 Date: o Date: ! OV ATTEST: FORT WORTH INDEPENDENT) SCHOOL DISTRICT c J Z 6-t'� By. -- Dr. Th mas Tocco Superintendent CRY�h����1�1In��,� Gly UR-6- 08/04/2000 v2.2 STATE OF TEXAS § COUN'T'Y OF TARRANT § BEFORE ME,the undersigned authority,a Notary Public in and for the State of Texas,on this day personally appeared Dr.Thomas Tocco,Superintendent,known to me to be the same 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 duly authorized officer or representative. G EN UNDE MY HAND AND SEAL OF OFFICE this ( ga day of ' 2000. Z��PPY PUBn VIRGINIA R. HARVEY ,t * Notary Public L��Ltct� qP STATE OF TEXAS Notary P lic in and for OF�� MY Comm.Exp.05/08/2001 the Sof Texas Uff,rrCrV o PL" u Uo Ut%VJ:�I111A � o STATE OF TEXAS § COUNTY OF TA.R.RANT § 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 same person whose name is subscribed to the foregoing instrument,and acknowledged to me that the same was the act of the City of Fort Worth and that she executed the same as the act of said City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVE4 UNDER MY HAND AND SEAL OF OFFICE this day of 2000. �p`PAv'"O4� ROSELLA BARNES NOTARY PUBLIC State of Texas Notary Public in and for Comm. Exp. 03-31-200 the State of Texas �Qh>7 �a �J�J�'UUlip � AI. City of Fort Worth, Texas "fayor And COuneif communicalflon POO' DATE REFERENCE NUMBER LOG NAME PAGE 8/8/00 C-18183 35AFTER 1 of 2 SUBJECT AFTER-SCHOOL PROGRAM AGREEMENT WITH THE FORT WORTH INDEPENDENT SCHOOL DISTRICT RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into an agreement with the Fort Worth Independent School District (FWISD) to operate after-school programs at selected schools as a juvenile crime prevention measure. DISCUSSION: At the beginning of 1999, members of the Police Department began exploring the efficacy of after- school programs as a means to curtail juvenile-related crime and victimization, especially during the hours of 3 PM to 6 PM. During the latter part of the year, the need for a multi-disciplinary task force to explore after-school programs became a clear imperative and a committee was formed consisting of representatives from the City Manager's Office, the Parks and Community Services Department, FWISD, the Fort Worth Police Department, Tarrant County Juvenile Services, Our City Our Children, and the Crime Prevention Resource Center. The planning task force has met diligently and researched all aspects of after-school programs, including the impact on crime in the community, successful programs in other areas, types of services to be offered and other crucial issues. A detailed report was presented to the City Council and the Board of Trustees of FWISD at a joint meeting held on Saturday, February 12, 2000. The Fort Worth Crime Control and Prevention District plan and budget, which was recently approved by almost 80% of the participating voters, includes $1.4 million for a juvenile crime prevention program centered around the provision of after-school programs at elementary or middle schools showing the highest level of need, including crime rate and, in the case of middle schools, the number of referrals to Tarrant County Juvenile Services. $1.1 million of this amount is proposed for FWISD schools, and the remaining $300,000 will be used for programs in other school districts with schools inside the Fort Worth city limits. According to the plan submitted on February 12, 2000, FWISD will match the$1.1 million. A draft contract has been assembled by the City and provided to officials of FWISD as a negotiating instrument. This contract includes the provision of $1.1 million from the Fort Worth Crime Control and Prevention District in FY2000-2001 and establishes a coordinating board for the project consisting of: • Director, Our City Our Children • Executive Director, Crime Prevention Resource Center • Assistant Director, Tarrant County Juvenile Services • Assistant City Manager, City of Fort Worth • Associate Superintendent, FWISD • Chief of Police, City of Fort Worth Director of Student Affairs, FWISD • Director of Parks and Community Services, City of Fort Worth • Director of Athletics, FWISD City of Fort Worth, Texas "affor And Council Conmunication : -- DATE REFERENCE NUMBER LOG NAME PAGE 8/8/00 C-18183 35AFTE7R 2 of 2 SUBJECT AFTER-SCHOOL PROGRAM AGREEMENT WITH THE FORT WORTH INDEPENDENT SCHOOL DISTRICT The after-school plan calls for the start of the project as early as possible in the 2000-2001 school year. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon adoption and appropriation of the FY2000-2001 Crime Control and Prevention District budget, funds for this project will be available. LW:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT` CITY SECRETARY Office by: (to) MOVED Libby Watson 6183 CITY r ,COU N CIL Originating Department Head: G 8 2000 Ralph Mendoza 48386 (from) Additional Information Contact: CitySecretar- C the City of For-Worth Texas Ralph Mendoza 48386