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HomeMy WebLinkAboutContract 49864 CITY SECRETARY `l I CONTRACT NO. 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 48299 approved by the Fort Worth City Council on May, 24, 2016 as Mayor and Council Communication C-27730 (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 2017-2018 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 Neighborhood 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 Neighborhood Services Department, may continue to provide the after-school program at Como Elementary School for the 2017-2018 school year. NOW THEREFORE, in consideration of the mutual covenants herein expressed, the City, acting by and through its duly authorized Assistant City Manager, and FWISD, acting by and through its duly authorized superintendent, do hereby covenant and agree as follows: OFFICIAL RECORD Interlocal Agreement with FWISD for After School Program at Como Elementary School Year 2015-2016 CITY SEP# GARY FT.WORTH,TX Pursuant to the designation by the Coordinating Board under the Coordinating Board Agreement, the City and FWISD agree that: 1. SCOPF 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 2017-2018 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 V1. 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. `x4t $186,935) (a) FWISD agrees to y the City up to Two Hundred Thirty Thousand Dollars and 00/100 ( . ) 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 2017-2018 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, 2017, and ending on June 30, 2018 and shall cover the entire 2017-2018 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 Fernando Costa Dr. Kent Paredes Scribner Assistant City Manager Superintendent City of Fort Worth Fort Worth Independent School District 200 Texas Street 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 2017-2018 3 of 7 (817) 392-8180 (817) 871-2000 With a copy to: With a copy to: City Attorney's Office General Counsel's Office City of Fort Worth Fort Worth Independent School District 200 Texas Street 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 2017-2018 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 2017-2018 5 of7 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 instrument 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 have executed this Agreement in multiples in Fort Worth,Tarrant County, Texas this 3 day of & 2017. CITY OF FORT WORTH FORT WORIP INPDYOENDENT SCHOOL DI$T t By: �-- By: Fernando Costa Dr. e des n Assistant City Manager Superintende t APPROVED AS TO FORM AND LEGALITY: ssistan Ity Attorney Attorney for Fort Worth �y of Foipj, Independent School District ATTEST: M ry . K vs * Anael Luebanos City Secre S~ Secretary, Board of Education Contract Authorization M&C: C-28320 Date: August 15, 2017 Interlocal Agreement with FWISD for After School Program at Como Elementary School Year 2017-2018 6 of 7 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 Fernando Costa, 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 y day Of� , 2017. TRIKINYA L JOHNSON Notary Public, State of Texas Comm. Expires 04-17-2018 Notary ublic nd for the State of "' •" E�,: Notary ID 1238832-0 Texas 'pqHN` 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 Dr. Kent Paredes Scribner, 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 i0yj day of 2017. f'__w�,, LAURA LITTON L'z ' MY COMh4i5510N EXPIRES Notary Public in and for the State of JUNE 23, 2020 Texas '� NOTARY ID: 124986812 Contract Compliance Manager: By signing below, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. r t 6 Sonia Singleton Assistant Director Interlocal Agreement with FWISD for After School Program at Como Elementary School Year 2017-2018 7 of 7