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HomeMy WebLinkAboutContract 26436 CITY SECRETARY CONTRACT NO. 3 INTERLOCAL AGREEMENT Tl is INTYiILOCAL AGREEMENT is made and entered into this the day of �,' , 2000, by and between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas, located within Tarrant and Denton Counties, Texas (Hereinafter referred to as the "CITY") and the BOARD OF TRUSTEES of the KELLER INDEPENDENT SCHOOL DISTRICT, a political subdivision of the State of Texas and a legally constituted Keller Independent School District located within Tarrant County, Texas. (Hereinafter referred to as the "KISD"). RECITALS This Agreement is made under the authority granted to the CITY and the KISD 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 Keller 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 Keller 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 Keller Independent School District proposes to provide an After- School Program in conjunction with the City of Fort Worth; NOW THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: AGREEMENT 1. ADMINISTRATION. CITY and KISD covenant and agree to fully cooperate in the implementation of this project and both parties consent to the following: A. An advisory Program Committee, (hereinafter referred to as the "Committee"), consisting of a representative from the City of Fort Worth, a representative of the KISD and Principal(s) or designee and Program Administrator for the After-School Program will be assigned by the parties hereto, to oversee the implementation and operation of the After-School PAGE 9451 ';J1 f f k e di EECGQD (,��11,pnr�1EIc ,E my R 0G' - TLS, Program. The Committee shall report to the Fort Worth City Council and the KISD. The Committee shall meet at least quarterly to address the following program components: 1. Program-wide scope, goals and objectives 2. Site selection process 3. Evaluate reported results from campus programs 4. Evaluate funding needs 5. Recommend future direction and standards 6. Conduct annual review B. The KISD shall be responsible for day-to-day administration of the After- School Program and designate a program coordinator from the district. C. The KISD shall establish a site-based advisory committee at each middle and elementary school that 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 parties hereto agree that the program shall be evaluated on an annual basis to determine the effectiveness of the program and its continuation. Evaluation criteria shall be established prior to the implementation of the program with an in-depth written evaluation provided to the Fort Worth City Council and KISD following the conclusion of the first year. E. The KISD shall ensure that the above referenced evaluation shall occur on an annual basis and submit results to the City of Fort Worth within thirty (30) days of the end of the program. 2. GOALS AND MISSION STATEMENT. 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: FUNVII-PP)!'�171H PAGE 9452 ' ��Wa 05/08/2000 v2.0 • To provide homework assistance, tutorial, and relevant educational programs • To improve the awareness of the importance of learning • 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. It is agreed between the parties that during 2000 — 2001 school year, the City of Fort Worth shall provide up to One Hundred Thousand Dollars ($ 100,000.00) for the support of the After-School Program to KISD. Funding will be based on the proposal presented by the KISD. Each party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying party. The CITY agrees to make payment on a schedule agreed to by both parties. Each payment will be made to the KISD and delivered by first class mail, at the following address: Superintendent of Schools Keller Independent School District 350 Keller Parkway Keller, Texas 76248 It is further agreed between the parties that KISD may provide matching funds for this project. The CITY and KISD may, acting through the recommendation of the Program Committee, 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 prim i1v at the site where the fees are collected. PAGE 9453 05/08/2000 v2.0 4. TERM. The term of this agreement is for a period beginning on September 1, 2000, and ending on May 31, 2001, and shall cover the entire 2000-2001 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. 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, such funds from the Fort Worth Crime Control and Prevention District are not timely forthcoming in whole or in part, KISD agrees and understands that the CITY may, at its sole discretion, terminate this contract and agreement. 6. TERMINATION OF AGREEMENT. If the CITY or the KISD 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. KISD shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of the CITY. KISD shall have the exclusive control of, and the exclusive right to control the work that work designated to the KISD 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 KISD 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. a �� gv rue PAGE 9454 05/08/2000 v2.0 8. NONDISCRIMINATION. Neither the CITY and KISD, 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 KISD, 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 or national origin, nor will KISD 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. NCO ED PAGE 9455 9. ru')�1H I U. 13. 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. IN WITNESS WHEREOF, the parties he -t have ex c}�ted this agreement in multiples in Fort Worth, Tarrant County, Texas, this day of 4_ _ , 20_M. ATTEST: CIT7OFF RTWORTH .� By: —� City Secretary Libby VPatson Assistant City Manager ATTEST: KELLER INDEPENDENT SCHOOL DISTRICT By. Charles Bradberry, uperintende 4t Keller Independent School District APPROVED AS TO FORM AND LEGALITY: David Yett, City Attorney Assistant City Attorney Attorney for Keller Inde nt School District Date: �G ��J U`� Date: rt /13/00 / Contract Authorization Date PAGE 9456 05/08/2000 v2.0 City of Fort Worth, Texas "agar and Council Communication DATE REFERENCE NUMBERLOG NAME PAGE 10/10/00 C-18286 80SCHOOLS 1 of 2 SUBJECT AUTHORIZATION TO ENTER INTO AGREEMENTS FOR AFTER SCHOOL PROGRAMS WITH CROWLEY, EVERMAN, __ y_01 ND WHITE SETTLEMENT INDEPENDENT SCHOOL DISTRICTS RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into agreements with the Crowley, Everman, Keller and White Settlement Independent School Districts (ISD) to operate After School Programs at selected schools. DISCUSSION: The Fort Worth Crime Control and Prevention District plan and budget includes $1.4 million for the provision of After School Programs at elementary or middle schools. Of this amount, $1.1 million is allocated to the Fort Worth ISD and $300,000 for the Crowley, Everman, Keller and White Settlement ISDs for their schools located within the corporate city limits of Fort Worth. Specific allocations include $50,000 each to the Everman and White Settlement ISDs, and $100,000 each to the Crowley and Keller ISDs. Major terms of the agreement include the following components: a) Establishment of an Advisory Program Committee with each school district to oversee the implementation and operation of the After School Program with representatives from the school district and the City; and b) Establishment of a site-based advisory committee at each school that operates an After School Program; and c) Conducting annual evaluations to determine the effectiveness of the program and its continuation; and d) The term of this agreement to begin September 1, 2000, and end May 31, 2001. The agreement may be renewed by both parties on an annual basis through the approval of an addendum setting a new term of the agreement. Schools being served include Everman Junior High School in the Everman ISD, and Blue Haze Elementary School in the White Settlement ISD. School sites for Crowley and Keller ISD are still being finalized. The schools served by this agreement are located in COUNCIL DISTRICTS 4, 6, 7 and 8. City of Fort Worth, Texas "avoir and Council Communication DATE REFERENCE NUMBER LOG NAME =PAGE10/10/00 c_1 8286 80SCHOO2 of 2 SUBJECT AUTHORIZATION TO ENTER INTO AGREEMENTS FOR AFTER SCHOOL PROGRAMS WITH CROWLEY, EVERMAN, KELLER AND WHITE SETTLEMENT INDEPENDENT SCHOOL DISTRICTS FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds for this project are available in the FY2001 Crime Control and Prevention District Fund. LW:k Submitted for City Manager's FUND ACCOUNTT CENTER AMOUNT CITY SECRETARY Office by: (to) Libby Watson 6183 APPROVED Originating Department Head: CITY C()vNCIL Richard Zavala 5704 (from) OCT 10 2000 GR79 539120 0352100 $300,000.00 Additional Information Contact: Os�".��!A`'"`,� City Secretary of the Richard Zavala 5704 Ci+y of