HomeMy WebLinkAboutContract 34816�li"Y SECRLiqRI�
CONTRACT B�� e
CONSENT AGENDA ITEM
BOARD MEETING
December 12, 2006
TOPIC: INTERLOCAL AGREEMENT FOR CITY-PROVIDED SERVICES TO
FORT WORTH AFTER SCHOOL FOR 2006-2007
BACKGROUND:
A contractual relationship exists between the District and each of the community
agencies and organizations that provide programs and services through the Fort Worth
After School program. To establish the City as a program provider at Como Elementary
School, an agreement was written which outlines the respective and mutual
responsibilities of the District and the City in the funding and administration of the after-
school program at this site. Funds for these services have been budgeted and committed.
Copies of the agreement are attached.
ALTERNATIVES:
1. Approve the Interlocal Agreement.
2. Decline to approve the Interlocal Agreement.
3. Remand to staff for further study.
SUPERINTENDENT'S RECOMMENDATION:
Approve the Interlocal Agreement.
FUNDING SOURCE:
FWISD — General Fund: $48,970
COST:
There are no additional costs associated with this agreement. Funding for this site is
derived from the $2.4M allocated to the Fort Worth After School program. The Board
approved utilization of these funds on July 25, 2006 (Bid No. 04-204).
RATIONALE:
This agreement establishes a service provision agreement between the District and the
City to provide an after-school program and services to students at Como Elementary
School for the 2006-2007 school year.
INFORMATION SOURCES:
Miguel Garcia, Jr.
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1NTERLOCAL AGREEMENT
BETWEEN
FORT WORTH INDEPENDENT SCHOOL DISTRICT
AND THE CITY OF FORT WORTH
This INTERLOCAL AGREEMENT is made and entered into this the day of
2006, by and between the CITY OF FORT WORTH, a home rule municipal
corporation of the State of Texas, located within Tar��ant, Denton, Parlcer and Wise Counties,
Te�as (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 Teaas 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 Secr•etary 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 Numbei• 26179, has designated the CITY, through its Parks and
Community Services Department, to provide the after school program at Como Elementary
School;
WHEREAS, since 2000, the CITY and FWISD have entered into agreement for the after
school program at Como Elementai�y School and the City and FWISD desire to continue the
program for the 2006- 2007 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 tluough 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 program at Como
Elementary School pursuant to the terms of City Secretary Contract No. 26179.
The Coordinating Board, as established under City Secretary Contract No. 26179,
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."
Goals of the After-School Program shall include, at a minimum:
➢ To provide homeworlc 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 ineasurement.
➢ To ensure that existing programs are not duplicated, or if appropriate, are
expanded or complimented through an inventory and evaluation of
existing programs.
3. FLTNDING. FWISD agrees to pay the CITY Forty Eight Thousand Nine Hundred
Seventy Dollars and 00/100 ($48,970.00) to fund the operation of the After-School
Program at Como Elementary School.
Pursuant to 791.011 of the Interlocal Cooperation Act, each party paying for
performance of governmental functions or services must malce those payments from
current revenues available to the paying party. Payments will be due within 30 days
from receipt of invoice.
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4. TERM. The term of this agreement is for a period beginning on August 1, 2006,
and ending on July 31, 2007 and shall cover the entire 2006-2007 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, any additional school sites and payment
for said after-school programs can be added to the addendum by mutual agreement of
the parties.
5. NON-APPROPIATION OF FIJNDS. 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. 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
immediafely 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 worlc 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 worlc
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
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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
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.
Certificates of Insurance must show that the CITY is named as an Additional Insured,
and that the policy is endorsed with a Waiver of Subrogation in favor of the CITY.
11. CLAIMS, WAIVER OF IMMUNITY. 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 malce its
officers, agents, 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.
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.
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, oi• to create any rights for the
benefit of any person not a party to this Agreement not otherwise existing at law.
FWISD agrees to require its contractors to furnish the CITY with certificate 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 toworlc performed under
this Agreement.
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12. FORCE MAJEURE. It is expressly understood and agreed by the parties to this
Agreement that if the performance of any obligations hereunder is delayed by reason of
war; civil commotion; acts of God; inclement weather; governmental restrictions,
regulations, or interferences; fires; strikes; lockouts, national disasters; riots; material or
labor restrictions; transportation problems; or any other circumstances which are
reasonably beyond the control of the party obligated or permitted under the terms of
this Agreement to do or perform the same, regardless of whether any such circumstance
is similar to any of those enumerated or• not, the party so obligated or permitted shall be
excused from doing oi� perfor�ming the same during such period of delay, so that the
time period applicable to such design or construction requirement shall be extended for
a period of time equal to the period such party was delayed.
13. HOMELAND SECURITY. If the United States Department of Homeland
Security issues a Level Oran e or Level Red Alert, City, in its sole discretion, after
consultation with Licensee, may cancel or postpone any scheduled event in the interest
of public safety. If City cancels the event, Licensee will be entitled to a refund of any
prior fees paid to the City.
14. PARTIES BOLTND.This Agreement shall be binding upon the successors and
assigns of both parties in lilce manner as upon the original parties.
15. SIGNATURE AUTHORITY. FWISD certifies that the person signing this
Agreement has been properly delegated this authority.
16. 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.
17. 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.
18. 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.
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IN WITNESS WHEREOF, the parti s hereto have executed this agreement in multiples
in Fort Worth, Tarrant County, Texas this �-Fhday of , 200�7
ATTEST:
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City Secretary
APPROVED AS TO FORM
AND LEGALITY
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By:� � / � � ��-�
Assistant City A orney
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ATTEST:
Contract Authorization
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Date
CITY O FORT WORTH
;
By:
Libby 6�atson
Assistant City Manager
Attorney for Fort Worth;� �
Independent School Dis�rict /
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Date: ( "�/ (J� ��Cr1 i
FORT WORTH 1NDEPENDENT
SCHOOL DISTRICT �
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STATE OF TEXAS
COUNTY OF TARFZANT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Libby watsor� lcnown 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,
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STATE OF TEXAS
COUNTY OF TARRANT
this �f� day of
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Notary Public in and for the State of
Texas
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
f E� ,�� , on this day personally appeared Melody Johnson, Superintendent, lcnown to me
to be the person whose name is subscribed to the foregoing instrument, and acicnowledged 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 LTNDER MY HAND AND SEAL OF OFFICE, this /� day of
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I�otary ublic in and for the State of
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Texas
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Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 11/7/2006 - Ordinance No. 17262-11-2006
DATE: Tuesday, November 07, 2006
LOG NAME: 80FWISD06 REFERENCE NO.: **C-21824
SUBJECT:
Authorization to Enter into an Agreement with the Fort Worth Independent School District, for the
Operation of the Fort Worth After School Program at Como Elementary School, for the 2006-2007
School Year; and Adoption of Supplemental Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to enter into an agreement with the Fort Worth Independent School District
to provide the Fort Worth After School Program at Como Elementary School for the 2006-2007 school year;
and
2. Adopt the attached supplemental appropriation ordinance increasing estimated receipts and
appropriations in the amount of $48,970.00 in the General Fund.
DISCUSSION:
On August 8, 2000, (M&C C-18183) the City Council authorized an agreement with the Fort Worth
Independent School District (FWISD) to form a partnership between the City and FWISD for the operation
of an after school program at selected schools to serve as a juvenile crime prevention measure. The
program has grown from one site to three sites and now includes 21 st Century grant funding. The Parks
and Community Services Department has provided this program at the Como Elementary School site. Both
the City and FWISD wish to continue this arrangement.
The City will receive $48,970.00 to operate the Fort Worth After School Program at Como Elementary for
the school year 2006-2007.
The school served by this agreement is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendation and adoption of the
attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of
the General Fund. The Parks and Community Services Department is respohsible for the collection and
deposit of funds from this agreement.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 488100 0801000 $48,970.00 GG01 5VARIOUS 0800523 $48,970.00
http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 1/9/2007
GG01 SVARIOUS 0800523 �48,970.00
Submitted for City Manager's Office bv•
Originating Department Head:
Additional Information Contact:
Libby Watson (6183)
Melody Mitchell (Acting) (5704)
Leona T. Johnson (5775)
Page 2 of 2
httn://www.cfwnet.or�/council nacket/Renorts/mc nrint.asn 1/9/2007