HomeMy WebLinkAboutContract 26734 CITY SECRETARY
CONTRACT NO. '
INTERLOCAL AGREEMENT
BETWEEN
FORT WORTH INDEPENDENT SCHOOL DISTRICT
AND THE CITY OF FORT WORTH
This INTERLOCAL AGREEMENT is made and entered into this the ytk day of
JIM 2001 by and between the CITY OF FORT WORTH, a home rule municipal
corporatio 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 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. (Hereinafter
referred to as the "FWISD").
RECITALS
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;
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, on September 13, 2000, FWISD and CITY entered into an Interlocal
Agreement under City Secretary Contract Number 26179 to operate after-school programs at
selected schools as a juvenile crime measure; and
WHEREAS, the Coordinating Board for the FWISD, pursuant to its powers and the terms
under City Secretary Contract Number 26179, has designated the CITY, through its Parks and
Community Services Department, to provide the after school programs at Como Elementary
School and Versia Williams Elementary School;
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:
AGREEMENT
Pursuant to the designation by the FWISD Coordinating Board under the terms of City
Secretary Contract No. 26179,the CITY and FWISD agree that:
1. The CITY will implement and operate the after school programs at Como Elementary School
and Versia Williams Elementary School pursuant to the terms of City Secretary Contract No.
26179. The Coordinating Board, as established under City Secretary Contra t ��II 9�'2 �,�
shall oversee the implementation and operation of said programs. 10A �� icooly
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2. GOALS AND MISSION STATEMENT. The mission of the After-School
Program at Como Elementary School and Versia Williams 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."
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. FUNDING.
1. FWISD agrees to pay the CITY Fifty Thousand Dollars ($50,000) to fund the operation
of the after-school program at Como Elementary School and
2. FWISD agrees to pay the CITY Five Thousand($5,000)to fund the after-school program
at Versia Williams Elementary School.
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. Payments will be due within 30 days from receipt of invoice.
4. TERM. The term of this agreement is for a period beginning on August 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 and additional school sites and payment for said after-school programs can
be added to the addendum by mutual agreement of the parties.
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_fuu l f'rnm flip
Fort Worth Crime Control and Prevention District. If, for any reason, such fu
Worth Crime Control and Prevention District are not timely forthcoming in whole or in part,
FWISD 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 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.
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. 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, servants, and employees. Neither City nor
FWISD 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. NONDISCRIMINATION. Neither the City and FWISD, 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 FWISD, 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, sexual orientation or national origin, nor will
FWISD 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 exten
the same or any other term, condition, provision, or covenant contained h r
parties to assert or rely upon any such term.
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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.
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 partie, hereto have executed this agreement in multiples in Fort
Worth, Tarrant County, Texas,this T day of I , 2001.
AT ST: Ci Y FORT W �TH
/ By.
City Secretary S4-6/ Libby Watson
Assistant City Manager
APPROVED AS TO FORM
AND LEGALITY:
David Yett, City Attorney �>
By: C� �-t (fie, cC� ilG
Assistantit Attorney Attorney forFo Worth Independent
School District
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Date: Z�/-3,0/0Date:
ATTEST: FORT WORTH INDEPENDENT /
SCHOOL DISTRICT
Chri Stene Moss, Vice President Dr. Thomas Tocco, upermtend'ent AW
Board of Education Fort Worth Independent School District
(i' — /'-V/ ';q_
Contract Authorization
Date
Crel
9, WOO,cgI Tan
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 Libby Watson, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of
the City for Fort Worth and that she 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.
GJVEN UNDER MY HAND AND SEAL OF OFFICE, this c211d day of
2001
f�R P ROSELLA BARNES
?�' �':o= Notary Public in and for the State of ytl NOTARY PUBLIC
State of Texas Texas
'SOF Comm.Exp.03-31-2005
STATE OF
COUNTY OF
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
, on this day personally appeared Dr. Thomas Tocco, 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 duty authorized officer or representative.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
2001
Notary Public in and for the State of
Texas
V�CC: L G")E(C0G,D
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FoP,TWOP,TH
DATE: April 25, 2001
TO: Sarah Fullenwider, Assistant City Attorney
Libby Watson, Assistant City Manager
Gloria Pearson, City Secretary rn�
FROM: Richard Zavala, Director
Parks and Community Services Department
SUBJECT: INTERLOCAL AGREEMENT WITH FWISD
Attached are two copies of the Interlocal Agreement between the City of Fort Worth and the
Fort Worth Independent School District (FWISD) for the operation of the after school
programs at Como Elementary School and Versia Williams Elementary School. City
Council approved this agreement on January 2, 2001, M&C C-18412.
The agreement was sent to FWISD February 14, 2001. Due to personnel changes within
FWISD, it was delayed in being forwarded to their administration. The FWISD attorney
signed the agreement on March 30, 2001 with the Board of Trustees approving the contract
at their April 10, 2001 meeting. Their other required signatures were obtained after that
date. The agreements were hand-delivered to our staff on April 18, 2001.
Please sign in the appropriate spaces and forward to the next person. When all have signed,
please call me at 817-871-5704 to arrange final execution of the agreements. You will note
that the notary public, who attested Dr. Tocco's signature, used her seal and initialed it by
his signature rather than on the next page.
Also, in response to a question raised at the Fort Worth After School Coordinating Board
meeting, Section 4. of the contract provides a provision to renew on an annual basis. Staff
will prepare the necessary paperwork to exercise this option. We will also work with the
Fort Worth After School staff regarding the funding level for SY2001-2002.
;'1
ichard ZavWir
Parks and Community Services Department MAY —
SY a.21 FWASP.Como d�
,,,,,,Sandra
--
Sandra Youngblood, Assistant Director
''e• •J�� PARKS AND COMMUNITY SERVICES DEPARTMENT
THE CITY OF FORT WORTH * 4200 SOUTH FREEWAY, SUITE 2200 * FORT WORTH, TEXAS 76115-1499
(817) 871-PARK * FAx (817) 871-5724
Q*Printed on recycled paper
FoFTWOFTH
February 14, 2001
J
r
Charles Hoffinan
Fort Worth After School
Fort Worth Independent School District FEB 2 3 2001
100 N. University Dr. Assoc:,,L aUrL3 ;1LNDENT
Fort Worth TX 76107-1360 INSTRUCTION-AREA I
Dear Chuck:
Enclosed are two copies of the Interlocal Agreement between the City of fort Worth and
Fort Worth Independent School District(FWISD) for the operation of after school
programs at Como Elementary School and Versia Williams Elementary School. I would
appreciate your assistance in getting the required signatures for FWISD.
Please return both copies to me. I will then obtain the required City signatures and return
one copy to you for your files. If you have questions, please call me at (817) 871-5755.
Sincerely,
andra Youngblo , Ass' • nt Director
Parks and Comm nity Services Department
��• °� PARKS AND COMMUNITY SERVICES DEPARTMENT
THE CITY OF FORT WORTH * 4200 SOUTH FREEWAY, SUITE 2200 * FORT WORTH, TEXAS 76115-1499
(817) 871-PARK * FAx (817) 871-5724
i*j Printed on recycled paper
City of Fort Worth, Texas
4velffor and councilCommunication
DATE REFERENCE NUMBER LOG NAME
PAGE
1/2/01. C-18412 80AFTER 1 of 1
SUBJECT ADOPT APPROPRIATION ORDINANCE AND A' THORI-7E INTERLOCAL AGREEMENT
WITH THE FORT WORTH INDEPENDENT SCHOOL DISTRICT FOR AFTER SCHOOL
PROGRAMS AT COP.O ELEMENTARY SCHOOL AND VERSIA WILLIAMS ELEMENTARY
SCHOOL
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to enter into an Interlocal Agreement with the Fort Worth Independent
School District (FWISD) for the After School Program at Como Elementary School and Versia Williams
Elementary School; and
2. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in
the General Fund in the amount of$55,000.
DISCUSSION:
The Fort Worth Crime Control and Prevention District budget includes $1.4 million for the provision of
After School Programs (ASP) at elementary or middle schools. On August 8, 2000 (M&C C-18183), the
City Council approved an agreement with the FWISD to operate ASP at selected schools as a juvenile
crime prevention measure. The Parks and Community Services Department will provide the After School
Program to Como Elementary School and Versia Williams Elementary School.
FWISD will provide $50,000 for the ASP at Como Elementary School and $5,000 for Versia Williams
Elementary School. Funding for the Como program will underwrite salaries, supplies and materials.
Funding for the Versia Williams program will underwrite supplies only, because existing staff from
Bertha Collins Community Center conduct the program.
The schools served by this agreement are located in COUNCIL DISTRICTS 7 and 8.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon adoption of the attached appropriation ordinance, funds will be
available in the current operating budget of the General Fund. The Parks and Community Services
Department is responsible for the collection and deposit of these funds.
LW:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
GG01 481306 0801000 " $55,000.00 NP O ED
Libby Watson 6183 0001 Various 0807023 $50,000.00 QTY
Originating Department Head: GG01 Various 080827 $ 5,000.00
JAN 2 2001
Richard Zavala 5704 (from)
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Additional Information Contact: City secretary of the
City of Fort W...:.'y Te..
Richard Zavala 5704
Adopted Ordinance N6.•-tyg7/