Loading...
HomeMy WebLinkAboutContract 49878 INTERLOCAL AGREEMENT BETWEEN CITY SECRETARY I ! r� FORT WORTH INDEPENDENT SCHOOL DISTRICTCONTRACTNO._ 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("FWISD"). 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 primary school district that serves residents of the City of Fort Worth is the FWISD;and WHEREAS,increased academic and cultural enrichment activities outside the school day has been identified as a major need by teachers, students, parents and community members; and WHEREAS, since 2004, the City, through its Park & Recreation Department, has supported FWISD's operation ofafterschool programs at various FWISD schools; and WHEREAS,the purpose of the afterschool programs is to provide academic enrichment programs and other activities to reinforce and complement the FWISD's regular academic programs; and WHEREAS, FWISD and the City wish to continue to provide academic enrichment programs and other activities to reinforce and complement the FWISD's regular academic programs at Greenbriar Elementary School and DeZavala Elementary School ("Program"); 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: 1. Increase the academic achievement of students as shown by the number of students passing all tests on State of Texas-mandated standardized tests and being promoted to the next grade. 2. Increase the number of students who progress toward graduation as shown by reduction in the annual dropout rate. 3. Increase the number of students who demonstrate increased proficiency in reading, science, and mathematics as demonstrated through pre-and post-testing. 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. 4 56 � Q�1 1.2. d ! primary goals of the Program shall include the following: O 1. Provide opportunities for academic enrichment, including providing tutorial services to help hildren, particularly students who attend low-performing schools, t Meet Stnte of Tex ��rt�nl°azoFIICIAL RECO RD \5(S4 4� OcaI A nt Between FWISD and©� �p The City f WISD Afterschool Community Learning Center Program CI•1 ftECRETARY s8 9 9 b £ Z 11V FT.WORTH,TX and local student academic achievement standards in core academic subjects such as reading, mathematics, and science. 2. Offer participating students a broad array of additional services,programs,and activities that are designed to reinforce and complement the students' regular academic program. 2. FUNDING 2.1. FWISD agrees to pay the City annually Forty-One Thousand, Seven Hundred Five Dollars and No Cents ($41,705.00)to fund the operation of the Program at Greenbriar Elementary School, and Forty-One Thousand Seven Hundred Five Dollars and No Cents($41,705.00)to fund the operation of the Program at DeZavala Elementary School. FWISD and the City agree that these amounts fairly compensate the City for the operation of the Program. 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. 2.2. 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 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. 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 available to the paying party. 3. TERM 3.1. The initial term of this Agreement shall be for a period of one year, effective beginning on August 1,2017 and expiring on July 31„2018. The term of this Agreement may be renewed and extended for five (5) additional one-year renewal periods upon mutual written agreement of the parties. 4. CONTINGENCY 4.1 This Agreement is subject to availability of funds from the FWISD. All amendments and/or extensions or subsequent contracts entered into for the same or continued purposes are 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. The City will be reimbursed for all expenses incurred prior to the termination of this Agreement. 5. ADMINISTRATION,RECORD KEEPING, REPORTING AND OVERSIGHT 5.1 FWISD will: 1. Provide a project manager to help oversee grant implementation and supervision of a campus level Coordinator. 2. Provide onsite program coordination, adequate project sites, and facility amenities. 3. Provide overall leadership through the FWISD Office of the Assistant Superintendent of Student Support Services. Interlocal Agreement Between FWISD and The City for Fort Worth 2 of 10 4. Serve as fiscal agent for the grant project. 5. Provide fiscal management through the FWISD Offices,Accounting and Budget. 6. Provide administrative assistance with submittals for center expenses. 7. Act as broker of services with Community Based Organization(s) (CBO), FWISD staff, and the City. 8. Coordinate with all centers to maximize resources. 9. Coordinate meetings between CBO and other project staff members. 10. Provide ongoing feedback, compilation,and dissemination to ensure continuous improvement. 5.2 City will: 1. Work collaboratively in the delivery of services. 2. Be responsible on a campus level for hiring, training, supervision, and terminating non- academic staff to meet FWISD guidelines and scheduling needs. 3. Assist the program manager with brokering of services with other CBOs, FWISD staff,and the City to provide enrichment and family literacy programs. 4. Work with the Coordinator to facilitate the plan for academic enrichment, use of campus facilities, and recruitment of staff to work in the Program. 5. Provide activity coordination and communication. 6. Work with the Coordinator to schedule youth activities and integrate with academic objectives. 7. Compile attendance and other records as required for compliance with the Program requirements. 6. FUNDING REQUIREMENTS 6.1. All funding, including administrative costs, payroll, professional and contracted services, travel, printing, supplies and materials, and other operations costs shall be limited to the funds acquired by the City from FWISD through the Program and will be administered in strict accordance with the following: 1. Grant funding shall not supplant current funding dedicated to after-school programs. 2. Funding for this Agreement is on a reimbursable basis and based on actual expenditures, not budgeted amounts. 3. The total amount of expenditures by the City and the obligation of the FWISD to reimburse the City under this Agreement shall be limited to the availability of funds, but in no event shall such amounts exceed$41,705.00 at Greenbriar Elementary School and$41,705.00 at DeZavala Elementary School. 4. The City shall submit weekly attendance reports to the FWISD. Failure to accurately complete and submit weekly attendance data can result in termination from the Program. 5. No funds may be used to pay for religious worship, instruction or proselytization or for any equipment or supplies for such, or for construction, remodeling, repair, operation, or maintenance of any facility or part of a facility to be used for religious worship, instruction or proselytization. 7. GENERAL PROGRAM REQUIREMENTS Interlocal Agreement Between FWISD and The City for Fort Worth 3 of 10 7.1. FWISD will: 1. Supervise, monitor, and guide to ensure alignment of project activities with Fort Worth Afterschool guidelines. 2. Provide internal and external evaluation services through the Grants and Development Department. 3. Provide grant compliance and project development assistance through the Grants and Development Department, where applicable. 4. Identify appropriate FWISD students for referral and Program participation. 5. Obtain parental permission for student participation in the Program. 6. Provide appropriate student orientation 7. Work in cooperation with CBO to execute Program evaluation tools, as required, and provide information to CBO. 7.2. City will: 1. Provide a key basis for Program awareness. 2. Assist with recruitment of students and families. 3. Work with FWISD to execute the Program evaluation 4. Provide evaluation summary to the Fort Worth Afterschool personnel. 8. PROGRAM PREPARATION 8.1. FWISD will: 1. Recruit Program staff: a. Coordinator b. Tutors C. Teachers for academic activities d. Librarians and tech lab staff e. Monitors and custodial staff 2. Conduct Program training: a. Contract with CBOs b. Assist with CBO staff recruitment C. Assist with recruitment of community organizations. 3. Make arrangements for United States Department of Agriculture approved snacks. 4. Make transportation arrangements. 5. Evaluation: a. Plan for data collection b. Develop pre-tests 9. PROGRAM DEVELOPMENT 9.1. FWISD's Coordinator will: I. Coordinate planning for tutoring. 2. Plan for use of libraries and tech labs. Interlocal Agreement Between FWISD and The City for Fort Worth 4 of 10 3. Finalize teachers for academic activities. 4. Develop a disciplinary plan with CBO coordinator. 5. Ensure there are enough teachers to supervise during snack time. 6 Ensure adequate supervision at all times for students; class changes,dismissal; snack time. 9.2 City will: 1. Prioritize program needs with Coordinator. 2. Ensure all staff attend required meetings. 3. Develop Program plans with staff. 4. Develop Program plans with other groups. 5. Ensure there is adequate staff to carry out disciplinary plans. 9.3 City and FWISD's Coordinator will coordinate to do the following: 1. Student recruitment a. Develop bilingual brochures and flyers. b. Post on FWISD and City web sites. C. Include in FWISD newspaper notes. d. Make presentations at teachers' meetings. e. Coordinate with the athletic program. f. Make personal contacts with youth and parents. 2. Volunteer Recruitment a. Work with School/Community Office. b. Encourage parents to volunteer. C. Recruit senior volunteers. d. Make presentations to Adopt-A-School partners. 10. PROGRAM IMPLEMENTATION 10.1. FWISD Coordinator will: I. Continue recruitment activities. 2. Establish homework/tutoring space. 3. Coordinate additional hours for libraries and labs. 4. Assist with inclusion of state-mandated standardized tests in all CBO programs. 10.2. City will: I. Continue recruitment activities 2. Coordinate all activities with Coordinator. 3. Provide student programs with intentional academic elements in the areas of: a. Health and wellness. b. Clubs and interest groups. C. Life skills. d. Creative Arts. e. Service Learning. 10.3 FWISD will: 1. Evaluation: a. Conduct prep-tests as needed. b. Review attendance data collection and assist as needed with any difficulties. C. Review other performance data collection. 11. Interlocal Agreement Between FWISD and The City for Fort Worth 5 of 10 INDEPENDENT CONTRACTOR 11.1 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. 11.2 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. 11.3 No provision of this agreement shall operate or be construed as a waiver by either party of any immunity from liability which it has or could be asserted under the doctrine of governmental immunity or any other immunity which it has under law. 12. CLAIMS,WAIVER OF IMMUNITY, INSURANCE 12.1 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. 12.2 Nothing herein shall be deemed to constitute a waiver of any immunity or affirmative defense that may be asserted by FWISD or the City as to any claim of any third party. 12.3 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. 12A The City agrees to require its contractors to furnish FWISD with certificates of insurance, acceptable to the FWISD, as proof that the contractors secured and paid for a policy of public liability insurance covering all public risks related to work performed under this Agreement. 13. TERMINATION OF AGREEMENT 13.1 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. 13.2 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. Interlocal Agreement Between FWISD and The City for Fort Worth 6 of 10 14. NOTICES 14.1 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(ii) or(iii)of this Section 10, 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: City: FWISD: City of Fort Worth Fort Worth Independent School District Park& Recreation Department 100 North University Drive Attn: Director Fort Worth,Texas 76107 4200 S. Freeway, Ste 2200 Attention: Miguel Garcia Fort Worth TX 76115 With Copy to: With Copy to: City of Fort Worth Fort Worth Independent School District City Manager and City Attorney Office of Legal Services 200 Texas Street 100 N. University, Ste. 172 Fort Worth,Texas 76102 Fort Worth,Texas 76107 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 days' written notice to the other party. 15. NONDISCRIMINATION 15.1. Neither the City and FWISD, nor any of its officers, members, agents, 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. 15.2 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, religion, color, sexual orientation,national origin,or any other legally prohibited criteria,nor will FWISD permit its agents, employees, subcontractors or program participants to engage in such discrimination. 16. SEVERABILITY 16.1 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. 17. WAIVER OF DEFAULT Interlocal Agreement Between FW[SD and The City for Fort Worth 7 of 10 17.1 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. 18. APPLICABLE LAW 18.1 This Agreement shall be construed in accordance with the laws of the State of Texas. 18.2 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. 19. SUBCONTRACTING 19.1 The City will not assign or subcontract any of its rights or responsibilities under this Agreement without prior formal written amendment to this Agreement properly executed by the City, FWISD and the Texas Education Agency. 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. 21. AMENDMENT 21.1 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. 22. PARTIES BOUND. 22.1 This Agreement shall be binding upon the successors and assigns of both parties in like manner as upon the original parties. 23. FORCE MAJEURE 23.1 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. 24. Interlocal Agreement Between FWISD and The City for Fort Worth 8 of 10 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. 24. SIGNATURE AUTHORITY 24.1 FWISD certifies that the person signing this Agreement has been properly delegated this authority. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in Tarrant County, Texas. CITY OF FORT WORTH FORT WORTH INDEPENDENT SCHOOL DIS IC B4Su By: Alams Dr. Ken e es S i ent City Manager Superintenden Date: I I 33 7 Date: /D-%D-/7 ATTEST: F FORr� ATTEST C ty reta `, / Angel Luebanos Secretary, Board of Education Recommended by: Richard Zavala Director, Park and Recreation Department APPROVED AS TO FORM AND LEGALITY: etf qr_�� bl�4 I er,6�� Richard McCracken Attorney for Fort Worth Independent School Assistant City Attorney District Interlocal Agreement Between FwISD and The City for Fort Worth 9 of 10 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Narne--//". Title: *—Ive44e, f Interlocal Agreement Between FWISD and The City for Fort Worth 10 of 10