HomeMy WebLinkAboutContract 34498-R3 CITY SECRETARY
CWWCT NO.- ?)L`IS
INTERLOCAL AGREEMENT
BETWEEN
FORT WORTH INDEPENDENT SCHOOL DISTRICT
AND THE CITY OF FORT WORTH
r
This INTERLOCAL AGREEMENT is made and entered into this the 1S day of
�-- 200 by and between the CITY OF FORT WORTH, a home rule municipal
corporation of the State of Texas, located within Tarrant, Denton, and Wise 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, FWISD and CITY entered into an Interlocal Agreement under City
Secretary Contract Number 34498 to authorize a Coordinating Board and to operate after-school
programs at selected schools as a juvenile crime prevention measure; and
WHEREAS, FWISD and CITY entered into an Interlocal Agreement under City
Secretary Contract Number 36891 to amend and extend the terms of City Secretary Contract
Number 34498 for the 2007-2008 school year; and
WHEREAS, FWISD and CITY entered into an Interlocal Agreement under City
Secretary Contract Number 37944 to amend and extend the terms of City Secretary Contract
Number 34498 for the 2008-2009 school year;
WHEREAS, FWISD and CITY entered into an Interlocal Agreement under City
Secretary Contract Number 3L90N-R3 to amend and extend the terms of City Secretary
Contract Number 34498 for the 2009-2010 school year; and
f
OMMAL RECORD
Cr
Interlocal Agreement For Como Elementary School Year 2009-2010 CITY S ETARY
FT OVANI'TX j
1-- _, _.._.I
WHEREAS,the Coordinating Board for the FWISD, pursuant to its powers and the terms
under City Secretary Contract Number 34498 as renewed and amended, has designated the
CITY, through its Parks and Community Services Department, to provide the after school
program at Como 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. 34498 as renewed and amended, 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 City Secretary
Contract No. 34498 as renewed and amended. The Coordinating Board, as
authorized under City Secretary Contract No. 34498 as renewed and amended,
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 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:
1. To establish program goals and objectives that are measurable and result
in desired outcomes through a scientific evaluation process
2. To ensure that program participants achieve improvement in core program
outcomes through an accountable system of measurement
Page 2 of 7
3. 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.
FWISD agrees to pay the CITY Fifty Thousand Seventy-Six Dollars and 00/100
($50,076.00) 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 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, 2009, and
ending on July 31, 2010 and shall cover the entire 2009-2010 school year.
5. NON-APPROPIATION 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 If
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 with
or without a 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. 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:
Page 3 of 7
If to CITY If to FWISD
Charles W. Daniels Melody A. Johnson, Ph.D.
Assistant City Manager Superintendent
City of Fort Worth Fort Worth Independent School District
1000 Throckmorton St. 100 N. University Dr.
Fort Worth, Texas 76102 Fort Worth, Texas 76107
(817) 392-6183 (817) 871-2000
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 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 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. Neither the CITY nor FWISD nor any of their respective
officers, members, agents, servants, 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 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.
Page 4 of 7
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. AFFECT ON THIRD PARTIES. 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, or to create any rights for the
benefit of any person not a party to this Agreement not otherwise existing at law.
14. INSURANCE. FWISD agrees to require its contractors to furnish the CITY with
certificates 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 to work
performed under this Agreement.
15. 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
circumstances is similar to any of those enumerated or not, the party so obligated or
permitted shall be excused form doing or performing 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.
16. HOMELAND SECURITY. If the United States Department of Homeland Security
issues a Level Orange, or Level Red Alert, CITY, in its sole discretion, after
consultation with FWISD, may cancel or postpone any scheduled event in the interest
of public safety. If CITY cancels an event, FWISD will be entitled to a refund of any
prior fees paid to the CITY.
17. 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.
Page 5 of 7
18. HEADINGS. Headings and titles used in this Agreement are for reference purposed
only and shall not be deemed a part of this Agreement.
19. ENTIRE 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.
20. AMENDEMENT. 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.
IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples
in Fort Worth, Tarrant County, Texas this 31S} day of m�tl,, , 200.
ATTEST: op'0 f oor���-� CITY OF FORT WORTH
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&5NCity Secretary �f'0000 � "� arles W.Daniels
Opo Assistant City Manager
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APPROVED AS TO FORM
AND LEGALITY _ a�'� ��
Yett, C't orney Date
By: 1
Assis ant City Att ey Attorney for Fort W h
Independe School D ct
Date: Date:, p'"
ATTEST: FORT WORTH INDEP T
SCHOOL C
Ar By:
ange, Secretary Melod A.J son, erintendent
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and of Education Fort Worth depend n hool District
Contract Authorization --
OFFICIAL RECORD
Date CITY SECRETARY
FT. WORTH, TX
Page 6 of 7
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 Charles W. Daniels, 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.
GIVE - UNDER MY HAND AND SEAL OF OFFICE, this day
o , 201
- Notary
._ MARIA S.SANCHEZ
Is
P lic in f for the State Texas
' MY COMMISSION EXPIRE
14,2013 S
STATE OF T
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas , on this day personally appeared Melody A. Johnson, PhD., 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 1st day of
December 52009.
Notary lic in and for the State
of Texas
14
"""""'�- PAYE DANIELS
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Notary PubYo,Slated Texas
"o•� ° DCTOBER 4,012
Page 7 of 7
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FSR
TWoRTH
COUNCIL ACTION: Approved on 10/20/2009 -Ord. No. 18877-10-2009
DATE: 10/20/2009 REFERENCE NO.: C-23869 LOG NAME: 80FWISD09
CODE: C TYPE: NON-CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize the Execution of an Agreement with the Fort Worth Independent School District
for the Operation of the Fort Worth After School Program in an Amount Up to $200,000.00
at Como Elementary School, Rosemont Middle School and Daggett Middle School for the
2009-2010 School Year and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute an Agreement with the Fort Worth Independent School
District to provide the Fort Worth After School Program at Como Elementary School, Rosemont
Middle School and Daggett Middle School in an amount up to $200,000.00 from September 1, 2009,
through August 31, 2010; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund in an amount up to $200,000.00.
DISCUSSION:
On August 8, 2000, (M&C C-18183) and September 21, 2004, (M&C C-20287) the City Council
approved Interlocal Agreements with the Fort Worth Independent School District (FWISD) for the
operation of after school programs at Como Elementary School and Rosemont and Daggett Middle
Schools. The program serves as a juvenile crime prevention measure by providing activities designed
to reinforce and complement the regular academic schedule of participating students and to provide
opportunities for literacy and related educational development to families of those students. Both the
City and the FWISD wish to continue this arrangement for the 2009-2010 school year.
The City will receive an amount up to $78,120.00 for Como Elementary School, $68,760.00 for
Rosemont Middle School and $53,120.00 for Daggett Middle School. The grant funds will be
reimbursed based on actual expenditures and the program period runs from September 1, 2009,
through August 31, 2010.
The programs are located in COUNCIL DISTRICT 7 and 9.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations, receipt of the executed Agreement and adoption of the attached appropriation
ordinance, funds will be available in the current operating budget, as appropriated, of the Grants
Fund.
http://apps.cfwnet.org/council packet/mc_review.asp?ID=12314&councildate=10/20/2009 2/16/2010
M&C Review Page 2 of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
1 $200,000.00
GR76 488917 080449407000
(1) GR76 5 $78,120.00
(VARIOUS) 080449407010
(1)GR76 5 $68,760.00
(VARIOUS)080449407020
(1) GR76 5 $53,120.00
(VAR I OU S)�9407030
Submitted for City Manager's Office by: Charles W. Daniels (6183)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: Anthony C. Meyers(5775)
ATTACHMENTS
80FWSD09 AO.doc
http://apps.cfwnet.org/council_packet/mc review.asp?ID=12314&councildate=10/20/2009