HomeMy WebLinkAboutContract 52463 CSC No. 52463
�D
RaC�,�I�� INTERLOCAL COOPERATION AGREEMENT BETWEEN
FORT WORTH INDEPENDENT SCHOOL DISTRICT
AND THE CITY OF FORT WORTH
Gl 5r(S�G1��pG�
This Interlocal Cooperation Agreement("Agreement") is trade 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 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");and
WHEREAS,the Program is a free,structured seven week summer day camp that provides various
activities and educational programs for approximately 600 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;and
WHEREAS,children that attend the Program also have the opportunity to participate in off-site
swim lessons at Wilkerson-Greines Activity Center and various field trips;and
WHEREAS,FWISD is the primary school district that serves residents of the City of Fort Worth;
and
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;and
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;and
WHEREAS, as part of this collaboration, FWISD wishes to provide the City with space at the
following FWISD school locations for the City to conduct the Program:(1)R.L.Paschal High School,(2)
Seminary Hills Park Elementary School;
WHEREAS, FWISD has also offered City the use of its aquatics facility at Wilkerson-Greines
Activity Center for the purpose of providing swim lessons. Lessons are facilitated by private swim coaches,
swim team members,or swim team staff;
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;
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 of the mutual covenants herein expressed the parties agree
as follows:
Inlerlocal Agreement for tic Mobile Recreation Summer Day Cnmp Progrum 1 or: RD
Tart Worth Independent School District
Cl 5ECR CTARY
r
1.
OBJECTIVES AND GOALS
I.I. The primary objectives of the Program shall include the followin g:
1. Increase leadership and decision-making skills of children.
2. Decrease the achievement gap between lower-and higher-income youth by providing equal
access to quality summer learning opportunities.
3. Increase childhood literacy by the number of students who participate in in reading,science,
and mathematic activities.
4. Increase the number of students involved in positive youth development activities that occur
outside school hours and that provide a safe haven for students while reducing disciplinary
placements and juvenile crime.
S. Increase the number of students who demonstrate increa!;ed 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 times 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.Provide
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 reasonable bus transportation cost; associated with the Program,
including weekly field trips to and from the Program Sites(as defined below)and weekly trips for six weeks
to and from the two school sites and Wilkerson-Greines Activity Center for swim lessons. FWISD also
agrees to fund all electrical, heating and air conditioning,water and sewer, trash services, and any other
utility charges that accrue during 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 allowa,le Program expenses associated
with the operation of the Program that are not funded by FWISD.
2.3. Pursuant to 791.011 of the Inter-local Cooperation Act, each party paying for performance of
governmental functions or services must make those payments from current revenues.
3.
TERM AND TERMINATION
tntertocat Cooperation Agreement for the Mobile Recreation Summer Day Comp Program 2 of 10
Fort Worth Independent School District
3.1. Unless terminated earlier as set forth herein,the term of this Agreement shall be from May 1,2019,
through April 30, 2020. This Agreement may be renewed for five (5) additional periods upon written
agreement of the Parties.
3.2 If City or 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 RESPONSEBILITIES OF THE PARTIES
4.1 FWISD will:
1. Provide City with the use of certain space at FWISD school locations as outlined in Exhibit A.
2. Provide City with the use of Wilkerson-Greines Activity Center, 5201 C.A. Robertson
Boulevard,Fort Worth,Texas 76119,for the purpose of providing swim lessons. Lessons are
facilitated by private swim coaches,swim team members or swim team staff.
3. Provide bus transportation to and from the two school locations 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.
b. FWISD shall ensure that all bus drivers and anyone else employed by 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 FWISD to coordinate Program operations with 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 FWISD.
Interlocal Cooperation Agreement for the Mobile Recreation Summer Dny Camp Program 3 of 10
Fort Worth Independent School District
5. Fumish 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 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. Refer FWISD students for Program participation.
9. Maintain, in good repair, the Program Sites and vehicles u;;ed for the Program. In the event
any presently installed plumbing, plumbing fixtures,electr cal wiring, lighting fixtures, pool
equipment,or heating and air conditioning equipment are noi.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 implementati m and supervision of the Program
and work collaboratively with the FWISD in the delivery of Program services.
a. Among other things,City's Program coordinator will communicate with FWISD on
issues related to support services, including any City equipment necessary for the
operation of the Program,use of other City program::that support this Program,use of
City libraries and facilities,and City staff.
2. Coordinate Program activities with FWISD staff at the Prog-am 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 Progr�rn 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
e. Service Learning.
8. 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.
S.
INDEPENDENT CONTRACTOR
5.1 FWISD shall operate hereunder as an independent contractor and not as an officer,agent,servant
or employee of City. FWISD shall have the exclusive control of,and the:exclusive right to control the work
designated to FWISD to be performed hereunder and all persons perforating 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 FWISD. The City shall have the exclusive control of,anc!the exclusive right to control the
work designated to 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 turd omissions of City, its officers,
members,agents,employees,or officers.
rnterlecal Cooperation Agreement for the Mobile Recreation Sumner Day Cutup Program 4 or 10
Fort Worth Independent School District
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 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 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
6.1 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 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 party 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:
City FWISD:
City of Fort Worth Fort Worth Independent School District
Parks&Recreation Director After School Program Director
4200 South Freeway,Suite 2200 100 North University Drive
Fort Worth TX 76115 Fort Worth,Texas 76107
With Copy to: With Copy to:
City of Fort Worth Fort Worth Independent School District
Attn:Assistant City Manager and City Attorney Attn:Legal Counsel
200 Texas Street 100 North University Drive,SW 172
Fort Worth,Texas 76102 Fort Worth,Texas 76107
However,the parties may,periodically,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
Ply
8.
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.
Interloml Cooperation Agreement for the Mobile Recreation Sumner Day Camp Program 5 of 10
Fort Worth Independent School District
9.
INSURANCE
9.1 The City and FWISD are self-funded entities and,as such,gene rally,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 HARMLE';S
10.1 TO THE EXTENT PERMITTED BYLAW AND WITHOUT WAIVER OF IMMUNITY
OR DEFENSE, EACH PARTY COVENANTS AND AGREES TO RELEASE, INDEMNIFY,
HOLD HARMLESS, AND DEFEND THE OTHER PARTS', ITS REPRESENTATIVES,
OFFICERS,AGENTS,SERVANTS,AND EMPLOYEES FROM AND AGAINST ANY AND ALL
CLAIMS OR SUITS FOR PROPERTY DAMAGE,PERSONAL IN JURY,OR ANY OTHER TYPE
OF LOSS OR ADVERSE CONSEQUENCE RELATED IN ANY WAY TO THE EXISTENCE OF
THIS AGREEMENT OR THE USE OF THE PROGRAM SIZES OR FWISD BUSES AND
VEHICLES, REGARDLESS OF WHETHER THE ACT OR OMISSION COMPLAINED OF
RESULTS FROM THE ALLEGED NEGLIGENCE OR ANY OrFIER ACT OR OMISSION OF
FWISD,CITY,OR ANY THIRD PARTY.
10.2 FWISD agrees that City shall not be liable for any loss,injury,or damage whatsoever suffered or
incurred by FWISD or its officers,agents,representatives,employees,inAtees,and contractors,except to
the extent caused by the negligence of City.
10.3 City agrees that FWISD shall not be liable for any loss, injury„or damage whatsoever suffered or
incurred by City or its officers,agents,representatives,employees, invitites,and contractors,except to the
extent caused by the negligence of FWISD.
I1.
FIXTURES
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 re:s,:rves 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 tic 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 reilson 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
Interlocnl Cooperation Agreement for the Mobile Recreation summer Day Camp Program 6 or l0
Fort Worth Independent school District
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.
A.
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.I 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 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.
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 Iaw; 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.
IS.
COMPLIANCE WITH LAWS
Interlocal Cooperation Agreement for the Mobile Recreation Summcr Day Camp Program Tor]I►
Fort Worth Independent School District
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 City's Chal-Wr 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 ELEC i"RONIC 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.
21.
NON-ISD SPONSORING ORGANIZATIONS
21.1 Any non-ISD sponsoring organizations,such as the Tarrant Are<<Food Bank,wishing or planning
to sponsor a school campus,or a site that is located on a school campus,.shall provide a signed agreement
to the Texas Department of Agriculture from the appropriate FWISD Ofi icial for each of the sites that the
non-ISD sponsoring organization is submitting for approval. The agreement must confirm that the
appropriate FWISD Official has given permission for the non-ISD sponsoring organization to service the
school campus, or site that is located on a school campus, (the agreement must include all of the school
campuses,or sites located on a school campus,that the non-ISD sponsoring organization is submitting for
approval), the program that the non-ISD sponsoring organization is allowed to operate on each school
campus or site that is located on a school campus,and the effective date of the agreement.
FWISD agrees that it has not and will not provide the same services at the same time as the services
proposed to be provided or provided by a non-ISD sponsoring organization.
[SIGNATURES ON FOLLOWING PAGE]
Interiacar Cooperation Agreement for the Mobile Recreation Sunn u r Day Camp Program S or r$
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 WORTHINIDEPENDENT
SCHOOLD]1
L
Sr tAT
CIL—
By: By:
Fernando Costa,Assistant City Manager Dr.Kent PG'e?scritn�,Operintendent
Inau 9 f Date: J u n 24, 2019 Date: qoft
..........
X,
ATTEST: ATTEST:
C
Mary J.1rayser(Jun 21T,2019)
Mary J.Kayser,City Se
.. ... Anael Luebanos,Secretary
xAS Board of Education
APPROVED AS TO FORM
AND LEGALITY:
get&9&&
Matt Murray(Jun 24,201bj
Matthew Murray,Assistant City Attorney 'NISD Counsel
M&C:No M&C Required. RECOMMENDED BY:
Form 1295:N/A.
David Creek(Jun 17,2019)
By:
David Creek,Acting Director
Park&Recreation Department
Contract Compliance Manager.
By signing I acknowledge that I am the person
Responsible for the monitoring and administration
of this contram including ensuring all performance
and T g requirements.
4 fi 4-
d ley;ids De
istrict Superintendent
Park and Recreation Department
OFFICIAL RECORD
Interlocal Cooperation Agreement for the Mobile Rect-ention St asur My CAW Program
Fort Worth 1ndcpcodew School District CITY$EMARY
FT. WORTH,TX
EXHIBIT A
SCOPE OF SERVICE
FoRTWORTH.
r
Mobile REC Summer Day Camp 2019
Program Information
Dates:
May 20-24,9:00 am 3:00 pm
Flyer Distribution in schools
May 28-June 21,9:00 am-3:00 pm
Registration held at each school
June 3-7
Recreation Leader Orientation and Training
June 8
Parent Conference-Paschal High School
June 10—July 25,Monday-Thursday,8:00 am-4:00 pm(si:aff);9:00 am-3:00 pm(camp)
July 4
Independence Holiday—No Camp
Locations:
R.L.Paschal High School
3001 Forest Park Boulevard
Fort Worth,Texas 76110
Forest Park(Mornings Only)
1500 Colonial Parkway
Fort Worth,Texas 76109
Seminary Hills Park Elementary School
5037 Townsend Drive
Fort Worth,Texas 76115
Seminary Hills Park(Mornings Only)
5101 Townsend Drive
Fort Worth,Texas 76119
Wilkerson-Greines Activity Center
5201 C.A.Robertson Boulevard
Fort Worth,Texas 76119
Meals:
Free summer lunches and snacks will be provided to childr.-n on a daily basis.
Weekly Field Trips:
Three buses will be provided for 150 children at each Mobile REC camp. Transportation
will be provided to swimming lessons and various field trip venues.
Interloeal Cooperation Agreement for the Mobile Recreation Summer Day Comp Program 10 of 10
Fort Worth Independent School District