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HomeMy WebLinkAboutContract 34498 CITY SECRETARY . CONTRACT NO. - STATE OF TEXAS § COUNTIES OF TARRANT § AND DENTON 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, the Fort Worth Independent School District proposes to continue an After-School Program in conjunction with the City of Fort Worth; NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That for and in consideration of the mutual covenants, promises and agreements contained herein, the City of Fort Worth, hereinafter referred to as "City," acting by and through Joe Paniagua, its duly authorized Assistant City Manager, and the Fort Worth Independent School District, hereinafter referred to as "District," acting by and through Melody Johnson, its duly authorized Superintendent, do hereby covenant and agree as follows: 1. City and District together covenant and agree to fully cooperate in the operation of this project and both parties agree that: A. A Coordinating Board shall continue to oversee the implementation and operation of the After-School Program. The Coordinating Board shall consist of thirteen positions. Members of the Board shall serve no more than two terms of three years each, however, positions with asterisks (*) are permanent board members and will not be affected by the term limit rule. Community members will be selected by the Coordinating Board. FWISD—Four Positions 1. Representative of the Superintendent, FWISD* 2. Director, Student Discipline and Placement* 3. Elementary Management—Assistant Superintendent or Director* 4. Director, Art Education or Instructional Music or Athletics QQI Eli =p1 All �LG� :xar City of Fort Worth—Four Positions 5. Representative of the City Manager, City of Fort Worth* 6. Chief of Police, city of Fort Worth or designated representative* 7. Director, Parks and community Services, City of Fort Worth* 8. Representative—Community Relations, Public Health or Public Library Department. Community Members—Five Positions 9. Safe City Commission, President* 10. Tarrant County Juvenile Services, Director or Assistant Director* 11. At-large Community Member 12. At-large Community Member 13. At-large Community Member At-large Community members shall have experience that includes one of more of the following categories: • Fort Worth Council of PTAs • FWISD District Advisory Board • Child Care Management System (CCMS) • United Way of Metropolitan Tarrant County • Legal professions • Financial professions • Health and wellness professions • Marketing/media professions • Foundations or philanthropy • Evaluation The Coordinating Board shall have the following responsibilities; 1. Approve program-wide scope, goals and objectives 2. Approve site selection process 3. Select sites based on selection criteria 4. Evaluate reported results from campus programs 5. Evaluate funding needs 6. Recommend future direction and standards B. The District shall be responsible for day-to-day administration of the After-School Program and will at a minimum employ a Director and two Program Coordinators. C. The District shall establish a site-based advisory committee at each middle and elementary school which operates an after-school program. This committee may be a new body, a group continued from a previous year of after-school operations or the site-based management team provided it includes the principal and representatives of the community, faculty, and student body. ,, D. The District shall continue to work with an independent entity to conduct an in-depth longitudinal evaluation of the After-School Program. This evaluation process shall continue for three (3) additional consecutive years, with an in-depth written evaluation provided following the conclusion of the fourth year. During intervening years the evaluator shall provide an overview and feedback on existing programs and recommendations for improvement. E. The City Council of Fort Worth and the Fort Worth Independent School District Board of Trustees shall meet annually to review the After-School Program. F. The District shall, with the concurrence of the Coordinating Board, reinvest any unspent funds from the prior year into the After-School Program. The District shall provide documentation of this action within 90 days of the start of this contract. 2. The mission of the After-School Program 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. 061F�j lti.VNU�� 3. It is understood that during SY 2006—2007 the City of Fort Worth shall provide $1,300,000 dollars for the support of the After-School Program to the District. It is also understood that the District shall also provide $1,100,000 for this project. The City and District may, acting through the Coordinating Board, establish a sliding fee-scale for participation in the program so long as no child at a participating school gets turned away and volunteer time by a parent, guardian, or designee can be counted toward the fee. It is agreed that any fees collected shall be expended towards the After-School Program primarily at the site where the fees are collected. The City of Fort Worth will make four equal payments of$325,000 each on October 15, 2006; January 15, 2007; April 15, 2007; and July 15, 2007, following receipt of an invoice from the District. 4. The term of this agreement is for a period beginning on October 1, 2006, and ending on September 30, 2007, and shall cover the entire SY 2006-2007. 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 any other changes agreeable to both parties. 5. It is expressly understood and agreed by and between the parties hereto that this agreement is wholly conditioned upon the actual receipt by City of funds from the Fort Worth Crime Control and Prevention District and that if such funds from the Fort Worth Crime Control and Prevention District are not timely forthcoming, in whole or in part, City may, at its sole discretion, terminate this contract and agreement. 6. This agreement may be terminated by either party hereto, 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. District shall operate hereunder as an independent District and not as an officer, agent, servant or employee of City. District shall be solely responsible for the acts and omissions of its officers, members, agents, servants, and employees. Neither City nor District 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. -4- 7-30-06 v] 8. City and District each covenant to the other that neither such party 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. 9. City and District, in the execution, performance or attempted performance of this contract and agreement, will not discriminate against any person or persons because of sex, race, religion, color or national origin, nor will District permit its agents, employees, subcontractors or program participants to engage in such discrimination. 10. City and District covenant and agree that in the event either party fails to comply with, or breaches, any of the terms and provisions of this agreement, each party shall provide written notice to the other as soon as reasonably possible after the non-breaching party becomes aware of the failure to comply or breach of contract. In the event that the breaching party fails to cure or correct such breaches within a reasonable time following the receipt of notice, such reasonable time not to exceed 30 days, the non-breaching party shall have the right to declare this agreement immediately terminated, and neither party shall have further responsibility or liability hereunder. 11. 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. 12. The failure of City or District to insist upon the performance of any term or provision of this agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's or District's right to assert or rely upon any such term or right on any future occasion. 9t; -5- 7-30-06 vi 13. 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. 14. This written instrument constitutes the entire agreement by the parties hereto concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. 1. 15. Right to Audit. District agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books,documents,papers and records of the Architect involving transactions relating to this Agreement. District agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give reasonable advance notice of intended audits. District further agrees to include in all its subcontracts hereunder a provision to the effect that the sub-consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such sub- consultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub-consultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give sub-consultant reasonable advance notice of intended audits. District and sub-consultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse District and sub-consultant for the costs of copies at the rate published in the Texas Administrative Code. 16. Compliance with Law. Contractor, its officers, agents, employees, contractors and subcontractors, shall abide by and comply with all laws, federal, state and local, including the Charter and all ordinances, rules and regulations of the City. It is agreed and understood that, if City calls the attention of Contractor to any such violations on the part of Contractor, its officers, agents, employees, contractors or subcontractors, then Contractor shall immediately desist from and correct such violation. 17. OFFICIAL WORD FT. WN'�"Tm, TPA71 -6- 7-30-06 vi Assignment. Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent of the other party, and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall be void. 18. 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: City of Fort Worth Police Department Fort Worth Independent School District Fiscal and Equipment Management Fort Worth After-School 350 West Belknap 100 North University Fort Worth, Texas 76102 Fort Worth, Texas 76102 19. 5. Applicable Law. This Agreement shall be construed under and in accordance with Texas law. Rest of page intentionally left blank -7- 7-30-06 vl IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort Worth, Tarrant County, Texas,this ami. day of.-- A.D. f A.D. 200q Attest: CITY F F ORTH City Secretary Joe P iMity a AssistanM Approved for Form and Legality: 61/m Assistant City A 4 orney IVISD Attorney Date: 0 1 Date: '�(q AT EST: FORT WORTH INDEPEN NT SCHOOL DI TRI T By: cont rAck- uthorizatiox Date Or -8- 7-30-05 v1 �� CONSENT AGENDA ITEM BOARD MEETING December 12, 2006 TOPIC: FORT WORTH AFTER SCHOOL INTERLOCAL AGREEMENT BACKGROUND: The District has collaborated with the City of Fort Worth to provide after-school programs since fiscal year 2000-2001. An Interlocal Agreement that outlines the respective and mutual responsibilities of the District and the City in the funding and administration of the after-school program for the 2006-2007 school year is attached. City Council has authorized it duly authorized representative, Joe Paniagua, Assistant City Manager, to execute the agreement for the City. ALTERNATIVES: 1. Approve the Interlocal Agreement. 2. Decline to approve Interlocal Agreement. 3. Remand to staff for further study. SUPERINTENDENT'S RECOMMENDATION: Approve the Interlocal Agreement. FUNDING SOURCE: City of Fort Worth- Crime Control & Prevention Development: $1,300,000 (54% of$2.4M) FWISD- General Fund: $1,100,000 (46% of$2.4M) COST: Collectively, the City of Fort Worth ($1.3M) and FWISD ($1.1 M) contribute $2.4M for Fort Worth After School. The Board approved utilization of these funds on July 25, 2006 (Bid No. 04-204). There are no additional costs associated with this agreement. RATIONALE: The Interlocal agreement constitutes the District's and the City's collaboration to provide after-school programs and services to Fort Worth students for the 2006-2007 school year. INFORMATION SOURCES: Miguel Garcia, Jr. Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/19/2006 DATE: Tuesday, September 19, 2006 LOG NAME: 35SECURITY REFERENCE NO.: **C-21694 SUBJECT: Authorize Execution of School Security Initiative Contracts with Various Independent School Districts and the Lena Pope Home for FY2006-2007 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute contracts with the Fort Worth, Keller, Crowley, Eagle Mountain/Saginaw, Northwest, Everman, and Lake Worth Independent School Districts and the Lena Pope Home to operate the School Security Initiative. DISCUSSION: The Fort Worth Crime Control and Prevention District (CCPD) budget for FY2006-2007 includes funds for the School Security Initiative. Under the program, all operational costs, equipment funds and personnel costs are provided by the CCPD. The City is then reimbursed for one-half of the officer personnel costs by the respective school districts. The school districts will reimburse the City the full cost of one corporal, five sergeants, and one lieutenant assigned to the program. The reimbursement costs for the corporal, sergeants, and lieutenant will be apportioned to each district based on the number of officers assigned to their school district. During the terms of these contracts (October 1, 2006 through September 30, 2007), the Keller Independent School District will have five officers; Crowley Independent School District will have three officers, Eagle Mountain/Saginaw will have two officers, and Everman, Northwest and Lake Worth Independent School District will each have one officer. The Fort Worth Independent School District will have 40 officers assigned to the district. The Lena Pope Home will have one officer to staff the Tarrant County Juvenile Justice Alternative Education Program. One corporal, five sergeants, and one lieutenant will be assigned to the School Security Initiative with 100 percent reimbursement from the school districts apportioned to the number of officers assigned to each respective district. Payments from the schools for the personnel costs shall be rendered on a monthly basis. The total expected reimbursement amount is $2,982,366.00. This is a continuation of a program funded by the CCPD. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the Police Department will be responsible for the collection of revenues due to the City under these agreements. TO Fund/Account/Centers FROM Fund/Account/Centers http://www.cfwnet.org/council_packet/Reports/mc_print.asp 2/1/2007 Page 2 of 2 GR79 451663 0351000 $2,982,366.00 Submitted for City Manager's Office by: Joe Paniagua (6140) Originating Department Head: Ralph Mendoza (4210) Additional Information Contact: Kara Shuror (4221) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 2/1/2007