Loading...
HomeMy WebLinkAboutContract 37057c�dTY SECRETARY 31 O f CONTIR.A+ CT NO . — INTERLOCAL AGREEMENT BETWEEN FORT WORTH INDEPENDENT SCHOOL DISTRICT AND THE CITY OF FORT WORTH This INTERLOCAL AGREEMENT is made and entered into by and between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas, located within Tarrant, Denton, Parker, and Wise Counties, Texas (Hereinafter referred to as "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 "FWISD"). RECITALS The City and FWISD hereby agree that the following statements are true and correct and constitute the basis upon which the City and FWISD have entered into this Agreement: WHEREAS, this Agreement is made under the authority granted by and pursuant to Chapter 791 of the Texas Government Code; and WHEREAS, the City of Fort Worth desires to participate and join with other local governments in a cooperative interlocal agreement ("Agreement") for the purpose of fulfilling and implementing their respective public and governmental purposes, needs, objectives, programs, functions and services; WHEREAS, each governing body, in performing government functions or in paying for the performance of governmental functions hereunder, shall make the performance that performance or those payments from current revenues legally available to that party; and, WHEREAS, each governing body finds that the subject of this Agreement is necessary for the benefit of the public and that each has the legal authority to perform and to provide the government function or service which is the subject matter of this Agreement; and WHEREAS, each governing body finds that the performance of this Agreement is in the common interest of both parties and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and WHEREAS, each governing body agrees to share in the cost of these services described below, and WHEREAS, the City Council for Fort Worth and the Fort Worth Independent School District Board of Trustees have determined that the Handley-Meadowbrook Community Center owned by the CITY could provide a gathering area for the students, faculty, staff, employees, and families served by FWISD during times of certain public emergencies; and l WHEREAS, the City Council of Fort Worth and the Fort Worth Independent School District Board of Trustees by consensus agree that the making this Community Center available during times of certain public emergencies could be in the best interests of Fort Worth Independent School District students, faculty, staff, employees, and families; NOW THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: SECTION 1 PURPOSE 1.01 The purpose of this Agreement is to allow FWISD to utilize CITY' S facility, known as Handley-Meadowbrook Community Center to assist the students, faculty, staff, employees, and families within FWISD in the event of and during the course of a particular public emergency where it is appropriate to gather or until students are authorized to leave. During such an emergency, it may be necessary to assemble, shelter, or otherwise utilize the Center for large numbers of people in the area served by FWISD. SECTION 2 2.01 This Agreement becomes effective when signed by the governing body of CITY and FWISD. The Agreement will be for a period of 5 years from the date of signature. Upon review and approval by both parties, it may be extended for one additional 5-year term. It may be canceled by either parry at any time, with or without cause, by giving thirty (30) days written notice to the other parry, as further provided by Section 7 herein. SECTION 3 PUBLIC EMERGENCY 3.01 The provisions of this agreement shall be invoked at such time as the FWISD Superintendent or City Emergency Management declares that a public emergency exists that makes circumstances suitable for use of the Center. 4.01 FWISD will A. SECTION 4. OBLIGATIONS OF PARTIES Give CITY as much advance notice as practicable of the need to use the Center in accordance with this Agreement. If advance notice is not possible, FWISD shall provide CITY with specific information on the use of the Center within 2 hours of occupying the Center. Provide the following information to CITY: ��, FL�,c., 1) the reason for use of the Center, in accordance with the terms of this Agreement; 2) the name of the individual authorizing the implementation of this Agreement under Section 3 above; 3) the capacity FWISD anticipates it will need to accommodate an estimated number of displaced persons; and 4) any special needs/requests of FWISD in relation to CITY's performance under this Agreement. C. Supply or arrange for all materials, services, equipment, supervision, and personnel necessary for staffing, security, crowd control, and other tasks except as described in Section 4.02 below. D. Seek reimbursement for CITY from any applicable governmental entity to pay for costs incurred by CITY for cleaning and restoring the Center used during the emergency to a condition as good as or better than that which existed prior to the use of the Center by the FWISD, while acting in accordance with this Agreement. CITY understands FWISD may not receive reimbursement from the any governmental entity, or from any other source for costs incurred by CITY in performing under this Agreement. FWISD shall be responsible, to the extent allowed by law, for any damage to property belonging to CITY as a result of its use under this Agreement. Any compensation paid shall be an amount that fairly compensates the performing party. The amount to be paid to CITY, if any, will be paid from current revenues, including amounts received as reimbursement from any governmental entity. The parties shall agree in writing as to the amount that "fairly compensates" CITY under this provision. Failing such written agreement, CITY does not waive the right to contest the compensation paid by FWISD under this provision. F. Be responsible for the acts and negligence of its officials, officers, agents, employees or volunteers, to the extent allowed under local, state or federal law. 4.02. CITY will: A. Be responsible for allowing the access to and use of the Center normally associated with its use as a public facility. CITY grants FWISD the right to gain access to and enter the Center for the purpose set under the terms and conditions of this Agreement. Such grant of access is not a waiver of liability under this Agreement, including Section 4.01 B. Install a Knox -Box Rapid Entry System at the Center to contain keys to the facility. C. Current Revenues. 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. '.L m,?';i1r�� SECTION 5 INDEPENDENT CONTRACTOR 5.01 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 obligations 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, 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. 5.02 The CITY shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of the FWISD. The CITY shall have the exclusive control of, and the exclusive right to control the obligations designated to the 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 and omissions of CITY, its officers, members, agents, employees, or assigns. SECTION 6 CLAIMS, WAIVER OF IMMUNITY 6.01 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 its 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. 6.02 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. 6.03 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. 6.04 No provision of this agreement shall operate or be construed as a waiver by either party of any immunity from liability which it has or could be asserted under the doctrine of governmental immunity or any other immunity which it has under law. SECTION 7 NOTICES 7.01 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, or (iii) sending by telecopy, with a copy thereof sent by registered mail on the same day. If notice is deposited in the mail pursuant to (ii) or (iii) of this Section 10, 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: Cam: City of Fort Worth Parks and Community Services 4200 S. Freeway, Ste 2200 Fort Worth TX 76115 Andrew Macfarlane District Superintendent Phone: 817-871-5716 (W) 817-2534682 (M) Michele Hurst Community Center Supervisor Phone: 817-965-6851 (M) With Cop.�to: Benita Harper Assistant City Attorney 1000 Throckmorton Street Fort Worth TX 76102 FWISD: Fort Worth Independent School District Office of the Superintendent 100 N. University Drive Fort Worth TX 76107 Phone: 817-871-3104 Title: Emergency Preparedness Coordinator 7.02 However, the parties may from time to time change their respective addresses, and each shall have the right to specify as its address any other address upon at least ten days written notice to the other party. 7.03 In the event of a public emergency as identified in Section 3, immediate contact to each party shall be by telephone or cellular phone with afollow-up in writing to the parties at the addresses identified in 7.01. SECTION 8 FOIaCE 1lIA.IEiTI2E 8.01 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 or performing the same during such period of delay, so that the time period applicable to YL n �:1:SiL`du.16' such design or construction requirement shall be extended for a period of time equal to the period such party was delayed. SECTION 9 HOMELAND SECURITY 9.01 If the United States Department of Homeland Security issues a Level Orange or Level Red Alert, City, in its sole discretion, may terminate the Agreement immediately. SECTION 10 NONDISCRIMINATION 10.01 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 race, age, gender, religion, color, sexual orientation, national origin, or disability. SECTION 11 WAIVER OF DEFAULT 11.01 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. SECTION 12 APPLICABLE LAW 12.01 This contract shall be construed in accordance with the laws of the State of Texas. 12.02 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 of the State of Texas. SECTION 13 SOLE AGREEMENT 13.01 This written instrument and any attached exhibits 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. SECTION 14 SUCCESSORS AND ASSIGNS 14.01 The CITY and FWISD shall not assign or otherwise transfer its rights and obligations under this agreement except with prior written consent of the other party, and any prohibited assignment or transfer shall be null and void. SECTION 15 AMENDMENT 15.01 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. SECTION 16 PARTIES BOUND 16.01 This Agreement shall be binding upon the successors and assigns of both parties in like manner as upon the original parties. SECTION 17 SEVERABILITY OF PROVISIONS 17.01 If any of the provisions contained in this Agreement shall be held, for any reason, to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or menforceability, shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. SECTION 18 SECTION HEADINGS 18.01 The headings in this Agreement are inserted for reference only, and shall not define or limit the provisions hereof. SECTION 19 SIGNATURE AUTHORITY 19.01 The undersigned officer and/ agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto. IN WITNESS WHEREOF, the parties hereto have eZ1ecuted duplicate counterparts of the Agreement and any attachments and exhibits this " day of 2008. CITY OF FORT WORTH FORT WORTH INDEPENDENT SCHOOI] DISTRIC4 By: Acting ATTEST: By: City Secretary City Manager APPROVED AS TO FORM AND LEGALIT BY: Ash istant C' Attorney MkC C. By: Dr. Melody A. Joh; Superintendent ATTEST: By: APPROVED AS TO FORM AND LEGALITY: By: FWISD AttoMev City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, April 15, 2008 LOG NAME: 80FWISD EMERG RECOMMENDATION: REFERENCE NO.: C-22767 It is recommended that the City Council authorize the City Manager to execute an Interlocal Agreement with Fort Worth Independent School District to allow the use of Handley-Meadowbrook Community Center as a temporary shelter and gathering area for students, faculty, staff, employees, families, and patrons serviced by Fort Worth Independent School District during times of certain emergencies. The term of this Agreement shall be for five years with an option to enter into one five-year renewal. DISCUSSION: The Fort Worth Independent School District (FWISD) approached the Parks and Community Services Department (PACSD) requesting assistance in securing a safe location for students, faculty, staff, employees, families, and patrons serviced by FWISD in the event of an emergency situation which would require evacuation of Luther T. Scarborough Handley Field. This field ,is located south and immediately adjacent to Handley-Meadowbrook Community Center. Due to the proximity, size, and structural amenities, the Center would be the appropriate place to gather until an emergency situation has passed and students are authorized to leave. The FWISD will provide the City the reason for use of the Center and will supply or arrange for all materials, services, equipment, supervision, and personnel necessary for staffing, security, crowd control, and other tasks. The FWISD will reimburse the City for costs incurred by the City for cleaning and restoring the Center following use during an emergency to a condition that is as good as or better than that which existed prior to the use of the Center by FWISD. The agreement, which will become effective upon execution, will be for a period of five years from the date of execution and may be extended for an additional five-year term. It may be cancelled by either party at any time, with or without cause, by giving 30 days written notice to the other party. This facility is located in COUNCIL DISTRICT 5. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. Logname: 80FWISD EMERG Page 1 of 2 TO Fund/Account/Centers FROM Fund/Acc_ount/Centers Submitted for City Mana_ger's Office_by: Carl Smart (6183) Originating Department Head: Richard Zavala (5704) Additional Information Contact: Melody Mitchell (5719) ', �_,_ti �,.}71,. p U.. l i y. �..r. i�1: � � � R/q i �.Gt.� Logname: 80FWISD EMERG Page 2 of 2 CONSENT AGENDA ITEMS TOPIC: INTERLOCAL INDEPENDENT WORTH BACKGROUND: BOARD MEETING February 26, 2008 AGREEMENT BETWEEN Fort Worth SCHOOL DISTRICT AND THE CITY OF FORT There have been concerns about the safety of our students and school supporters in the event of severe weather event. Unlike other facilities, the Scarborough Handley Field is not situated in close proximity to other district facilities that could be used in case of emergency. Severe weather outbreaks in the spring and fall necessitate the need to pre -plan shelter areas for teams and visitors at Scarborough Handley Field. The field has a capacity of approximately 3000-5000 people. Space under the stands will not accommodate a full stadium. However, the Handley Meadowbrook Community Center is located approximately 100 yards north of the field and could be used to shelter spectators. This agreement would give the district entrance to the community center when weather threatens the safety of participants and patrons alike. ALTERNATIVES: 1. Approve the Interlocal Agreement with the City of Fort Worth. Z. Decline to approve the Interlocal Agreement with the City of Fort Worth, 3. Remand to staff for further study. SUPERINI�NDENT'S RECOMMENDATION: Approve the Interlocal Agreement with the City of Fort Worth. FUNDING SOURCE: General Fund COST• There is not an ongoing cost. The district will leave the center as good as or better than that which existed prior to use. __ pal v r ?24h;� pi�Z RATIONALE: The Handley Meadowbrook Community Center will provide adequate coverage in the A vent of severe weather for the students and patrons at Scarborough Handley Field. Walter Dansby Cecelia Speer Mark Bethany Elul � ,yam ., .,, ,� � +�•