HomeMy WebLinkAboutContract 51584 CITY SECRETARY
C®NTRACT No. 15 S
INTERLOCAL AGREEMENT BETWEEN
THE FORT WORTH INDEPENDENT SCHOOL DISTRICT
?o �., AND THE CITY OF FORT WORTH
!6 8 8 s Interlocal ("Agreement")Agreement (
Ag g"A ") 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 City Secretary Contract No. 49864 approved by the Fort Worth City
Council on August 15, 2017 as Mayor and Council Communication C-28320 (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 2018-2019
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 2018-2019 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:
Pursuant to the designation by the Coordinating Board under the Coordinating Board
Agreement, the City and FWISD agree that:
1. SCOPE OF SERVICES. The City will implement and operate the after-school program at
Como Elementary School pursuant to the terms of the Coordinating Board A
governing the 2018-2019 school year. The Coordinating Board, as authorized under`info
Interlocal Agreement with FWISD for After School Program at Como Elementary School Year 2015-2016 " 1 of -RETARY
FT. WORTH,TX
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
vi. 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.
(a) FWISD agrees to pay the City up to One Hundred Seventy-Five Thousand,
Five Hundred Ninety-Four Dollars and 00/100 ($175,594.00) to fund the operation of
the After-School Program at Como Elementary School. The allocations by funding
source are from Fort Worth After-School Full Service Provider General Fund
$38,660.00, and from Rainwater Charitable Foundation $136,934.00. 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 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.
Interlocal Agreement with FWISD for After School Program at Como Elementary School Year 2018-2019 2 of 7
4. TERM. The term of this Agreement is for a one-year period, effective beginning on July 1,
2018, and ending on June 30, 2019 and shall cover the entire 2018-2019 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. If the agreement is terminated, City will only be reimbursed for
allowable expenses incurred by City up to the point 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
(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
Interlocal Agreement with FWISD for After School Program at Como Elementary School Year 2018-2019 3 of 7
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 respondent 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.
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.
Interlocal Agreement with FWISD for After School Program at Como Elementary School Year 2018-2019 4 o1`7
14. 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.
15. 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 Agreement,
venue for said action shall lie in Tarrant County, Texas or the Federal Court of the
Northern District of Texas—Fort Worth Division.
16. HEADINGS. Headings and titles used in this Agreement are for reference purposes only and
shall not be deemed a part of this Agreement.
17. 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.
18. 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.
Interlocal Agreement with FWISD for After School Program at Como Elementary School Year 2018-2019 5 of 7
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples in Fort
Worth, Tarrant County, Texas this 2/it day of /yoyernber , 2018.
CITY OF FORT WORTH FORT WORTH INDEPENDENT
SCHOOL IST /
By: ,4.-.-- By:
Fernando Costa t Pare es Scribner
Assistant City Manager Supers tendent
APPROVED AS TO FORM
AND LEGALITY:
ASSictant Cify Attorney - .;...;�. Attorney for Fort Worth
Mw� ►� r t��.�r. Independent School District
A
ST. E-
tJ
Mary J se S Anael Luebanos
City Se retary TEX Secretary, Board of Education
Contract Authorization
M&C: C-28891
Date: October 16, 2018
OFFICIAL kECUkO
CITY SECRETARY
FT WORTH,T
Interlocal Agreement with FWISD for After School Program at Como Elementary School Year 2018-2019
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. r�
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day
of yPbNI , 2018.
LINDA M.HIRRUNGER
*: *= My Notary ID#124144746
+�r res Fobn M 2,2022 q`I
Notary Public in and for the StafYof Texas
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 day of
2018.
FAYE DANIELS
,,-- .�
MY COMMISSION EXPIRES
y DECEMBER 21,2020 Not P lic in and for the State of Texas
NOTARY ID: 125076146
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.
Sonia Singleton
Assistant Director
OFFICIAL RECRL
CITY SECRETARY
Interlocal Agreement with FWISD for After School Program at Como Elementary School Year 2018-2019 F7. WORTH,TX
•'VI&C Review Page 1 of 2
Official site of the City of Fort Worth;Texas
CITY COUNCIL AGENDA FORTit
COUNCIL ACTION: Approved on 10/16/2018 -Ordinance No. 23440-10-2018
DATE: 10/16/2018 REFERENCE NO.: **C-28891 LOG NAME: 19FWAS-COMO
2018-2019
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of Agreement with the Fort Worth Independent School District in an
Amount Up to $175,594.00 for Operation of the Fort Worth After-School Program at Como
Elementary School for the 2018-2019 School Year, Adopt Appropriation Ordinance and
Waive Indirect Costs (COUNCIL DISTRICT 3)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of an Agreement with the Fort Worth Independent School District in an
amount up to $175,594.00 to provide the Fort Worth After-School Program at Como Elementary
School for the 2018-2019 school year;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Grants Fund in the amount of$175,594.00, subject to receipt of the grant; and
3. Waive indirect costs in the estimated amount of$28,095.00.
DISCUSSION:
On August 8, 2000, Mayor and Council Communication (M&C C-18183) the City Council authorized
an Agreement with the Fort Worth Independent School District(FWISD) for the creation of a
coordinating board and operation of an after-school program at selected FWISD schools to serve as
a juvenile crime prevention measure. The City has been operating this program at the Como
Elementary School site since 2000.
Both the City and FWISD wish to continue this arrangement for the 2018-2019 school year.
The City will receive up to $175,594.00 for the program at the Como Elementary School. Funds will
be reimbursed based on actual expenditures, and the Agreement term will run from July 1, 2018
through June 30, 2019, encompassing the entire 2018-2019 school year. The contract with FWISD
does not allow indirect costs for this program.
This program is located in COUNCIL DISTRICT 3.
This contract will be with a governmental entity, state agency or public institution of higher education:
(Fort Worth Independent School District).
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations, receipt of the
grant and adoption of the attached appropriation ordinance, funds will be available in the current
operating budget, as appropriated, of the Grants Fund. This is a reimbursement grant.
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=26227&councildate=l 0/16/2018 11/28/2018
.M&C Review Page 2 of 2
4
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Aubrey Thagard (8187)
Additional Information Contact: Sonia Singleton (5774)
ATTACHMENTS
19FWISD18 A018.docx
http://apps.cfwnet.org/council_packet/mc review.asp?ID=26227&councildate=10/16/2018 11/28/2018