HomeMy WebLinkAboutContract 50880 RECEIVED CITY SECRETARY CONTRACT NO.
JUN 18 2018
Illy"FORTWORTH INTERLOCAL COOPERATION AGREEMENT BETWEEN
CCiYSECRETARY FORT WORTH INDEPENDENT SCHOOL DISTRICT
AND THE CITY OF FORT WORTH
This Interlocal Cooperation 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"),by and
through its duly authorized Assistant City Manager,and the FORT WORTH INDEPENDENT SCHOOL
DISTRICT, a political subdivision of the State of Texas and a legally constituted Independent School
District("FWISD"),by and through its duly authorized representative.
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,City,through its Park and Recreation Department,manages and operates a summer
day camp program called Mobile Recreation Summer Day Camp("Program");
WHEREAS,the Program is a free,structured seven week summer day camp that provides various
activities and educational programs for nearly 1,000 area children ages 5-14,including,among other things,
fitness and athletic programs, fire safety, environmental education, arts and crafts, indoor and outdoor
activities,and cultural programs on diversity;
WHEREAS,children that attend the Program also have the opportunity to participate in off-site
swim lessons through the City's Mobile Recreation Summer Day Camp Learn to Swim program and various
field trips;
WHEREAS,FWISD is the primary school district that serves residents of the City of Fort Worth;
WHEREAS,increased academic and physical activities for youth during the summer months have
been identified as a major need by teachers,students,parents and community members;
WHEREAS, FWISD and City desire to collaborate to ensure that the needs of the community are
met and the purposes of the Program are carried out;
WHEREAS, as part of this collaboration, FWISD wishes to provide the City with space at the
following two FWISD school locations for the City to conduct the Program:(1)R.L.Paschal High School
and(2)Seminary Hills Park Elementary School;
WHEREAS,FWISD has also offered City with the use of its aquatics facility at Wilkerson-Greines
Activity Center for the purpose of conducting City's Mobile Recreation Summer Day Camp Learn to Swim
program;
WHEREAS, FWISD also desires to provide bus transportation for children participating in the
Program's off-site field trips and swim lessons;
WHEREAS, both parties to this Agreement are individually authorized to perform the functions
and services set forth herein;
WHEREAS,City and FWISD desire to set out each party's roles and responsibilities as they relate
to the Program;
OFFICIAL RECORD
interlocal Agreement for the Mobile Recreation Summer Day Comp Program CITY SECRETARY i+m
Fort worth Independent School District FT.WORTI°II Tx
WHEREAS,authority has been granted to the City to execute this Agreement through Section 2-
9 of the City of Fort Worth Code of Ordinances;and
NOW,THEREFORE,in consideration ofthe mutual covenants herein expressed the parties agree
as follows:
1.
OBJECTIVES AND GOALS
LI. The primary objectives of the Program shall include the following:
1. Increase leadership and decision-making skills of children.
2. Increase the achievement gap between lower-and higher-income youth by providing equal
access to quality summer learning opportunities.
3. Increase childhood literacy by increasing the number of students who participate in reading,
science, and mathematic activities as demonstrated through participation in the Worth
Reading Program; partnering with the City of Fort Worth Libraries, providing Science,
Technology, Engineering, and Mathematics ("STEM") education through Engineering
Adventures Curriculum designed for out-of-school time programs giving children real-world
engineering challenges and promoting creative problem-solving,and collaborate with Girls
Inc.to provide opportunities for girls participating in the Program to become more confident
with programs including, self-esteem,communication and a STEM lesson for three weeks
during camp.
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.A two week collaboration with Girl Scouts YES
Camp provides an array of positive youth development activities in addition to outside
speakers.
5. Increase the number of students who demonstrate increased proficiency in swimming by
providing access to quality swim lessons that help to promote confidence in the water while
reducing the drowning rates in Tarrant County. Children participate in lessons four a week
for two sessions.
1.2. The primary goals of the Program shall include the following:
1. Provide opportunities for academic, physical,and cultural enrichment,including providing
field trips to various locations throughout Tarrant County that help to excite children about
science,technology,engineering,art and math.
2. Offer participating children a broad array of additional services,programs,and activities that
are designed to reinforce and complement the students' regular academic program. Access
to physical activity,drug and violence prevention programs,art, music,along with various
opportunities to be creative.
2.
FUNDING
2.1. FWISD agrees to fund all transportation costs associated with the Program, including weekly field
trips to and from the Program Sites(as defined below)and twice-weekly trips to and from the two school
sites associated with the Program Sites and Wilkerson-Greines Activity Center for swim lessons. FWISD
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Fort Worth Independent School District
also agrees to fund all electrical,heating and air conditioning,water and sewer,trash services,and any other
utility charges that come due for the ordinary use of the Program Sites. FWISD also agrees to fund all
FWISD staffing and employee costs,including any associated pay and benefits.
2.2. City agrees to fund all City staffing,supplies,and all other allowable Program expenses associated
with the operation of the Program that are not funded by the FWISD.
2.3. Pursuant to section 791.011 of the Interlocal Cooperation Act,each party paying for performance
of governmental functions or services must make those payments from current revenues.
3.
TERM AND TERMINATION
3.1. Unless terminated earlier as set forth herein,the term of this Agreement shall be from May 1,2018,
through April 30, 2019. This Agreement may be renewed for five (5) additional periods upon written
agreement of the Parties.
3.2 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.
3.3 This Agreement is subject to availability of funds from FWISD and City. All amendments and
extensions or subsequent contracts entered into for the same or continued purposes will be 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 of appropriated funds becoming unavailable.
4.
GENERAL RESPONSIBILITIES OF THE PARTIES
4.1 FWISD will:
1. Provide City with the use of certain space at the following FWISD school locations necessary
for City to conduct the day-today operations of the Program:
a. R. L.Paschal High School,3001 Forest Park Boulevard,Fort Worth,Texas 76110;
b. Seminary Hills Park Elementary School, 5073 Townsend Drive, Fort Worth, Texas
76115
2. Provide City with the use of Wilkerson-Greines Activity Center, 5201 C.A. Robertson
Boulevard, Fort Worth,Texas 76119,for the purpose of conducting City's Mobile Recreation
Summer Day Camp Learn to Swim program and any associated summer swimming education
programs. The locations set forth in 4.1.1 and 4.1.2 are collectively referred to herein as the
"Program Sites."
3. Provide bus transportation to and from the Program Sites for all field trips and swim lessons
associated with the Program for the duration of the Program.
a. FWISD shall ensure that any and all bus drivers have received all applicable
certifications from the Texas Department of Public Safety, including, but not limited
to, the School Bus Driver Certification, for the transportation required under this
Program.
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Fort Worth Independent School District
b. FWISD shall ensure that all bus drivers and anyone else employed by the FWISD who
is or may be present during such transportation activities have undergone any and all
criminal background checks required by any Federal, State, or local laws, rules,
regulations or policies.
c. FWISD shall ensure that all vehicles,including,but not limited to buses,used to carry
out the purpose of this Program are in maintained and kept in good working order and
comply with any and all Federal,State,and local laws,rules and regulations governing
the same.
4. Designate a representative from the FWISD to coordinate Program operations with the City's
designated Program coordinator. Such coordination will include, without limitations, the
following:
a. Internal and external support services, including, without limitation, the use of the
Program Sites(including, opening and closing the Program Sites and assistance with
any utilities)and use of any equipment contained within the Program Sites.
b. Any and all Program transportation issues, including, but not limited to, scheduling
procedures for pick-up and drop-off and transportation logistics.
c. Communications between Program staff at each individual school site listed in Section
4.1.1 and staff at the Wilkerson-Greines Athletic Center.
d. Use of libraries and labs at the Program Sites,to the extent applicable and permitted
by the FWISD.
5. Furnish the necessary utilities and electrical power for the ordinary and intended use of such,
including, but not limited to, all electrical, heating and air conditioning, water and sewer, and
trash services.
6. Permit the City to bring into the Program Sites any equipment and supplies reasonably
necessary to further the purpose of the Program.
7. Provide parking at the Program Sites sufficient to serve the purpose of the Program,including,
but not limited to,parking for Program staff and parents.
8. Encourage FWISD students for referral and Program participation.
9. Maintain, in good repair,the Program Sites and vehicles used for the Program. In the event
any presently installed plumbing, plumbing fixtures, electrical wiring, lighting fixtures, pool
equipment,or heating and air conditioning equipment are not in good working condition during
the term of this Agreement,FWISD agrees to repair promptly any such defects after receiving
written notice from City.
4.2 City will:
1. Provide a Program coordinator to help oversee implementation and supervision of the Program
and work collaboratively with the FWISD in the delivery of Program services.
a. Among other things, the City's Program coordinator will communicate with the
FWISD on issues related to support services,including any City equipment necessary
for the operation of the Program,use of other City programs that support this Program,
use of City libraries and facilities,and City staff.
2. Coordinate Program activities with FWISD staff at the Program Sites.
3. Be responsible for hiring,training,supervising,and terminating City staff on a Program level.
4. Collaborate with community organizations,businesses,and volunteers to support the Program.
5. Provide communication to certain FWISD schools for Program awareness and recruitment.
6. Obtain parental permission for student participation in the Program.
7. Provide for the Program to include subjects in the following areas:
a. Health and wellness;
b. STEM curriculum;
c. Life skills;
d. Creative Arts;and
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e. Service Learning.
S. Make arrangements for United States Department of Agriculture approved snacks.
4.3 The specific information regarding the Program, including the dates,times, locations participant
requirements,activities and schedules is set forth in Exhibit A,which is attached to this Agreement
and incorporated herein by reference.
5.
INDEPENDENT CONTRACTOR
5.1 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.
5.2 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.
5.3 Nothing herein shall be construed as the creation of a partnership or joint enterprise between City
and FWISD. It is further understood that the City shall in no way be considered a Co-employer or a Joint
employer of FWISD or any employees, representative, agents, servants, officers, contractors,
subcontractors,and volunteers of FWISD.Neither FWISD, nor any officers,agents, servants, employees
or subcontractors of FWISD shall be entitled to any employment benefits from the City. FWISD shall be
responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its
employees,representative,agents,servants,officers,contractors,subcontractors,and volunteers
6.
CLAIMS AND WAIVER OF IMMUNITY
6.I 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.
6.2 Nothing herein shall be deemed to constitute a waiver or surrender of any immunity, power, or
affirmative defense that may be asserted by FWISD or the City.
7.
NOTICES
7.1 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 parry 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 this Section, 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:
Interlocal Cooperation Agreement for the Mobile Recreation Sommer Day Camp Program Sof l2
Fort Worth Independent School District
ity: FWISD:
City of Fort Worth Fort Worth Independent School District
Parks and Community Services 100 North University Drive
Attn:Director Fort Worth,Texas 76107
4200 S. Freeway,Suite 2200 Attention:Miguel Garcia
Fort Worth TX 76115
With Copy to: With Cony to:
City of Fort Worth Fort Worth Independent School District
Attn:City Manager and City Attorney Attn:Legal Counsel
200 Texas Street 100 N. University Drive,SWI 72
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 (10)days' written notice to the
other party.
NONDISCRIMINATION
8.1 The parties shall not engage in any unlawful discrimination based on race, creed, color, national
origin, sex, age, religion, disability, marital status, citizenship status, sexual orientation or any other
prohibited criteria in any employment decisions relating to this Agreement, and the parties represent and
warrant that, to the extent required by applicable laws, they are equal opportunity employers and shall
comply with all applicable laws and regulations in any employment decisions.
9.
INSURANCE
9.1 The City and FWISD are basically self-funded entities and,as such,generally,they do not maintain
commercial liability insurance policies to cover premises or auto liability. Damages for which City or
FWISD would ultimately be found liable would be paid directly and primarily by said party and not by a
commercial insurance company.
10.
LIABILITY AND HOLD HARMLESS
10.1 TO THE EXTENT PERMITTED BY LAW, FWISD COVENANTS AND AGREES TO
RELEASE, INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, IT REPRESENTATIVES,
OFFICERS,AGENTS,SERVANTS,AND EMPLOYEES FROM AND AGAINST ANY AND ALL
CLAIMS OR SUITS FOR RPROPERTY DAMAGE, PERSONAL INJURY, OR ANY OTHER
TYPE OF LOSS OR ADVERSE CONSEQUENCE RELATED IN ANY WAY TO THE
EXISTENCE OF THIS AGREEMENT OR THE USE OR THE PROGRAM SITES OR FWISD
BUSES AND VEHICLES, REGARDLESS OF WHETHER THE ACT OR OMISSION
COMPLAINED OF RESULTS FROM THE ALLEGED NEGLIGENCE OR ANY OTHER ACT
OR OMISSION OF FWISD,CITY,OR ANY THIRD PARTY.
10.2 FWISD agrees that the City shall not be liable for any loss,injury,or damage whatsoever suffered
or incurred by FWISD or its officers,agents,representatives,employees, invitees,and contractors except
to the extent caused by the sole negligence of City.
11.
FIXTURES
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Fort Worth Independent Sckool District
11.1 FWISD agrees that no property or equipment,owned or installed by City,or any representative of
City,shall,under any circumstances, become a fixture,and that City reserves the right to remove any and
all such property or equipment at any time during the term of this Agreement, or subsequent to its
termination by either party. FWISD further agrees that FWISD will,at no time,hold or retain,any property
owned or installed by City,for any reason whatsoever.
12.
SEVERABILITY
12.1 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.
13.
WAIVER OF DEFAULT
13.1 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.
14.
APPLICABLE LAW AND VENUE
14.1 This Agreement shall be construed in accordance with the laws of the State of Texas.
14.2 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.
15.
THIRD-PARTY RIGHTS AND ASSIGNMENT
15.1 The provisions and conditions of this Agreement are solely for the benefit of City and FWISD,and
any lawful assign or successor of FWISD,and are not intended to create any rights,contractual or otherwise,
to any other person or entity.
15.2 The parties will not assign or subcontract any of their rights or responsibilities under this Agreement
without a prior formal written amendment to this Agreement properly executed by parties.This Agreement
shall be binding upon the successors and assigns of both parties in like manner as upon the original parties.
16.
AMENDMENTS,CAPTIONS,AND INTERPRETATION
16.1 Except as otherwise provided in this Agreement,the terms and provisions of this Agreement may
not be modified or amended except upon the written consent of both the City and FWISD.
16.2 Captions and headings used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement.
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Fort Womb Independent school District
16.3 In the event of any dispute over the meaning or application of any provision of this Agreement,this
Agreement shall be interpreted fairly and reasonably,and neither more strongly for or against any party,
regardless of the actual drafter of this Agreement.
17.
FORCE MAJEURE
17.1 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.
18.
COMPLIANCE WITH LAWS
18.1 This Agreement is subject to all applicable federal, state and local laws, ordinances, rules and
regulations,including,but not limited to,all provisions of the City's Charter and ordinances,as amended.
18.2 if City notifies FWISD or any of its officers, agents, employees, contractors, subcontractors,
licensees, volunteers,or invitees of any violation of such laws,ordinances, rules or regulations, FWISD
shall immediately desist from and correct the violation.
19.
AUTHORIZATION AND COUNTERPARTS AND ELECTRONIC SIGNATURES
19.1 By executing this Agreement,each party's agent affirms that he or she is authorized to execute this
Agreement and that all representations made herein with regard to each party's identity,address,and legal
status are true and correct.
19.2 This Agreement may be executed in several counterparts,each of which will be deemed an original,
but all of which together will constitute one and the same instrument. A signature received via facsimile
or electronically via email shall be as legally binding for all purposes as an original signature.
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.
[SIGNATURES ON FOLLOWING PAGE]
Interlocal Cooperation Agreement for the Mobile Recreation Summer Day Camp Program $W 12
Fort Worth Independent School District
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in Tarrant County,
Texas.
THE CITY OF FORT WORTH FORT WORT--INDEPENDENT
SCHOOL DI
By:' 'Yt (�� By:
Dr.Kent Paiddes Scribner
Assistant City Manager Superintendent
Date: (014/18 Date: -01�-�$
Recommended By.
;L)
Ri hard Zavala
DiActor,Park&Recreation Department
ATTEST: ;i ATTEST
F FORT .
%0 C Y
eity'sec—re!63P Anael Luebanos
= Secretary,Board of Education
APPROVED AS TO FO
AND LEGALITY: 'CX S
Paige Mebane tCo ey far Fort Worth Independent School
Assistant City Attorney District
No M&C Required
Form 1295:N/A
Contract Compliance Manager:
By signing I acknowledge that I am the person
Responsible for the monitoring and administration
of this contract,including ensuring rformance
and reporting require nts.
ra edina
Program Coordinator
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Fort worth independent School District OFFICIAL RECORD
CITY SECRETARY
FT.Woam,TX