HomeMy WebLinkAboutContract 29281 STATE OF TEXAS
CITY SECRETARY 1 I
COUNTIES OF TARRANT § CONTRACT NO.
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 hndependent
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 continue 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 Joe Paniagua, 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 operation
of this project and both parties agree that:
A. A Coordinating Board shall continue 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:
• Community Services Manager, City of Fort Worth Neighborhood and
Youth Outreach Office
• Executive Director, Crime Prevention Resource Center
• Director, Tarrant County Juvenile Services
• Assistant City Manager, City of Fort Worth
• Deputy 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 W
• Director of Athletics, Fort Worth Independent School Distr' tv
The Coordinating Board shall have the following responsibilities;
1. Approve program-wide scope, goals and objectives
2. Appro\c 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 and two
Program Coordinators.
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, a group continued from a previous year of
after-school operations or the site-based management team provided it
includes the principal and representatives of the community, faculty, and
student body.
D. The District shall continue to work with an independent entity to conduct
an in-depth longitudinal evaluation of the After-School Program. This
evaluation process shall continue for three (3) additional consecutive
years, with an in-depth written evaluation provided following the
conclusion ofthe 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.
F. The District shall, with the concurrence of the Coordinating Board,
reinvest any unspent funds from the prior year into the After-School
Program. The District shall provide documentation of this action within 90
days of the start of this contract.
2.
The mission of the After-School Program shall be:
"To enable needs-based alter-school programs in a safe environment that
result in educational, physic�d, and social development for elementary and
middle-school aged children.".
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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.
It is understood that during SY 2003 — 2004 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 15, 2003; January 15, 2004;
April 15, 2004; and July 15, 2004, following receipt of an invoice from the District.
4.
The term of this agreement is for a period beginning on October 1, 2003, and
ending on September 30, 2004, and shall cover the entire SY 2003-2004. 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 and any other changes agreeable to both parties.
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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 Crin1C Control and Prevention District and that If SIICh lUnds front 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.
This 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.
S.
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.
-4- 8/1 1/03 0.0
10.
City and District covenant and agree that in the event either party fails to comply
with, or breaches, any of the terns 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 commission having jurisdiction over the subject
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, perfonnance, attempted perfornance 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 tenns hereof
shall be void.
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IN WITNESS WHEREOF, the parties hereto have executed this agreement in
multiples in Fort Worth, Tarrant County, Texas, this 044 day of ��}
A.D. 2003.
Attest: CITY F F T O H
City Uecretary Joe Pa iaty
Assistant pager
Approved for Form and Legality:
Assist t City Attorney WISD Attorney
Date: 71Z4(o3 Date: �� ox
og
ATTEST: FORT WORTH INDEPENDENT
SCHOOL DISTRICT
By:
Dr. omas If o co
Superintendent
Contra jt Authorization /v
1 �3 01:9�
Date
OWN
Ciff
-6- 8/11/03 v1.0
STATE OF TEXAS §
COUNTIES OF TARRANT §
AND DENTON
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Dr. Thomas Tocco,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.
tz
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day
of , 2003.
o�PPV P 6 GAYLE L.WILLIAMS
Notary Public 177L
u STATE OF TEXAS t ' ublic in and for
My Comm.Exp.08/07/2004 O �
the State of Texas
STATE OF TEXAS
COUNTIES OF TARRANT
AND DENTON
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Joe Paniagua, 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day
of /UL�7vt-G�� ✓ , 2003.
'''SPRY PUe• ROSELLA B
ARNES
NOTARY P Notary Public in and for
State of TeBasC the State of Texas
':FoF `Comm. Exp.03-31-2005
City of Fort Worth, Texas
4VA.Nor And C ommunica
il ounc �tion
�
DATE REFERENCE NUMBER LOG NAME PAGE
9/23/03 C-19767 35AFTERSCHOOL 1 of 2
SUBJECT APPROVAL OF AN AFTER-SCHOOL PROGRAM AGREEMENT WITH THE FORT
WORTH INDEPENDENT SCHOOL DISTRICT
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an agreement with the
Fort Worth Independent School District (FWISD) to operate the Fort Worth After-School Program at
selected schools as a juvenile crime prevention measure.
DISCUSSION:
Beginning in FY2000-2001, a multi-disciplinary task force recommended funding for a program called
Fort Worth After-School at selected elementary and middle schools in the FWISD.
On August 8, 2000 (M&C C-18183), the City Council approved a $1.1 million commitment for the Fort
Worth After-School Program, with equal matching funds provided by the FWISD. The City Council
extended this agreement for two additional years on October 2, 2001 (M&C C-18770), and September
24, 2002 (M&C C-19263).
For the fourth year of the crime prevention project, funding remains at $1.1 million and is included in the
FY2003-2004 Fort Worth Crime Control and Prevention District budget. The FWISD will again provide
matching funds in the amount of $1.1 million and will continue to administer this project. The Fort Worth
After-School Program is overseen by a coordinating board consisting of the following:
• Community Services Manager, City of Fort Worth Neighborhood and Youth Outreach Office
• Executive Director, Crime Prevention Resource Center
• Director, Tarrant County Juvenile Services
• Assistant City Manager, City of Fort Worth
• Deputy Superintendent, Fort Worth Independent School Districf
• 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
The only significant change in the contract is the staffing level supported by FWISD. The orginal
agreement included one director, four program coordinators, and one full-time grant writer. These
positions were to be paid by FWISD with funds above and beyond their $1.1 million match. Due to
financial constraints, they have been operating with a director and two program coordinators. This
contract renewal formalizes this commitment of staff.
Dr. Peter Witt, of Texas A&M University, has led a team to evaluate the program for the first three
years. Overall, the program has received high marks. This annual evaluation will continue during the
fourth year of the program and will be funded by FWISD.
City of Fort Worth, Texas
ImAyor And Council communication
DATE REFERENCE NUMBER LOG NAME PAGE
9/23/03 C-19767 I 35AFTERSCHOOL 2 of 2
SUBJECT APPROVAL OF AN AFTER-SCHOOL PROGRAM AGREEMENT WITH THE FORT
WORTH INDEPENDENT SCHOOL DISTRICT
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds will be available in the FY2003-2004 operating budget, as
appropriated, of the Crime Control and Prevention District Fund.
JP:k
Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Joe Paniagua 6140
Originating Department Head:
Ralph Mendoza 48386 (from) APPROVED 09/23/03
GR79 539120 0359601 $1,100,000.00
Additional Information Contact:
Susan Alanis 48262