HomeMy WebLinkAboutContract 53364 CITY SECRETARY
CONTRACT NO. (0
y INTERLOCAL AGREEMENT BETWEEN
cRy 10
;60 THE FORT WORTH INDEPENDENT SCHOOL DISTRICT
AND THE CITY OF FORT WORTH
This Interlocal Agreement ("Agreement") is made and entered into by and between the
City of Fort Worth, a home-rule municipal corporation of the State of Texas ("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("FWISD").
WHEREAS, 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;
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;
WHEREAS, for more than a decade, the FWISD and City have entered into a series of
Interlocal Agreements for the creation and operation of a Coordinating Board to oversee and
operate after-school programs at selected FWISD schools as a juvenile crime prevention
measure, with the most recent agreement being City Secretary Contract No. 51584 approved by
the Fort Worth City Council on October 16, 2018 as Mayor and Council Communication C-
28891 (the"Coordinating Board.Agreement");
WHEREAS, FWISD and City anticipate executing a new Coordinating Board Agreement
to continue funding and operating the coordinating board and the after-school program for the
2019-2020 school year;
WHEREAS, for several years, the Coordinating Board, pursuant to its powers and the
terms of the Coordinating Board Agreement, has designated the City, through its Neighborhood
Services Department,to provide the after-school program at Como Elementary School;
WHEREAS, the FWISD, on behalf of the Coordinating Board, and the City wish to enter
into a new agreement so that the City, through its Neighborhood Services Department, may
continue to provide the after-school program at Como Elementary School for the 2019-2020
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 through its duly authorized superintendent, do hereby covenant and agree as follows:
OFFICIAL. RECORD�
CITY SECRETARY
Interlocal Agrectnent with FWISD for After School Program at Como Elementary School Year 2019-2020 FT. WORTH,TX
Pursuant to the designation by the Coordinating Board under the Coordinating Board
Agreement,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 the Coordinating Board
Agreement governing the 2019-2020 school year. The Coordinating Board, as
authorized under the Coordinating Board Agreement, 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."
(a) Goals of the After-School Program shall include, at a minimum:
i. To provide homework assistance,tutorial,and relevant educational
programs;
ii. To improve the awareness of the importance of learning;
iii. To reduce the level of truancy;
iv. To address the students'physical needs;
V. To provide activities that promote social development;
vi. To reduce juvenile arrests; and
vii. To reduce juvenile victims of crimes during the target hours.
(b) Operational Imperatives are:
i. To establish program goals and objectives that are measurable and
result in desired outcomes through a scientific evaluation process;
ii. To ensure that program participants achieve improvement in core
program outcomes through an accountable system of
measurement; and
iii. To ensure that existing programs are not duplicated, or if
appropriate, are expanded or complimented through an inventory
and evaluation of existing programs.
3. I�UNDI
(a) FWISD agrees to pay the City up to One Hundred Seventy-Six
Thousand, Four Hundred Thirty-Eight Dollars and 00/100 ($176,438.00) to
fund the operation of the After-School Program at Como Elementary School. The
allocations by funding source are from the Fort Worth After-School Full Service
Provider General Fund in the amount of $39,508.00, and from the Rainwater
Charitable Foundation in the amount of $136,934.00. FWISD covenants and
agrees that the funding for this Agreement shall not include any money
Interlocal Agreement with FWISD for After School Program at Como Elementary School Year 2019-2020 2 of 8
originating from the City, including, but not limited to, funds from the City's
Crime Control and Prevention District.
(b) To receive funds under this Agreement, the City must submit written
reimbursement requests to the FWISD in a manner and form agreed to by the
parties. FWISD agrees to reimburse the City for all allowable expenses set forth
in such reimbursement requests within thirty(30)days after receipt of the request.
(c) Pursuant to Section 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.
4. TERM. The term of this Agreement is for a one-year period, effective beginning on
July 1, 2019, and ending on June 30, 2020 and shall cover the entire 2019-2020 school
year.
5. NON-APPROPRIATION OF FUNDS. If, for any reason, at any time during any term
of this Agreement, FWISD fails to appropriate funds sufficient for FWISD to fulfill its
obligations under this Agreement, FWISD may terminate this Agreement to be effective
on the later of: (i) thirty (30) days following delivery by FWISD to the-City of written
notice of FWISD's intention to terminate; or(ii)the last date for which funding has been
appropriated by FWISD Board for the purposes set forth in this Agreement.
6. TERMINATION OF AGREEMENT.
(a) 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.
(b) 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 Agreement 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:
Interlocal Agreement with FWISD for After School Program at Como Elementary School Year 2019-2020 3 of 8
If to City: If to FWISD:
Fernando Costa Dr. Kent Paredes Scribner
Assistant City Manager Superintendent
City of Fort Worth Fort Worth Independent School District
200 Texas Street 100 N. University Dr.
Fort Worth,Texas 76102 Fort Worth, Texas 76107
(817) 392-8180 (817) 871-2000
With a copy to: With a copy to:
City Attorney's Office General Counsel's Office
City of Fort Worth Fort Worth Independent School District
200 Texas Street 100 N. University Dr.
Fort Worth,Texas 76102 Fort Worth, Texas 76107
8. INDEPENDENT CONTRACTOR. City shall operate hereunder as an independent
contractor and not as an officer, agent, servant or employee of the FWISD. City shall
have exclusive control of and the exclusive right to control the work 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, 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.
(a) Neither the City nor FWISD nor any of their respective officers, members,
agents, servants, employees, program participants, or subcontractors, while
engaged in performing this Agreement, 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.
(b) 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 gender, race, religion, color, sexual orientation or
national origin, nor will FWISD or the City 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, a federal or state agency, or a board or a commission having
jurisdiction over the subject matter thereof, such invalidity shall not affect other
provisions which can be given effect without the invalid provision.
Interlocal Agrcunent with FWISD for After School Program at Como Elementary School Year 2019-2020 4 of 8
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.
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. EFFECT ON THIRD PARTIES.
(a) 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.
(b) 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. The City is a governmental entity under the laws of the state of Texas
and pursuant to Chapter 2259 of the Texas Government Code, entitled "Self-Insurance
by Governmental Units," is self-insured and therefore is not required to purchase
insurance. City will provide a letter of self-insured status as requested by FWISD.
15. FORCE MAJEURE. 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, board, department, commission, or agency of the United States or of any
state; declaration of a state of disaster or of emergency by the federal, state, county, or
City government in accordance with applicable law; issuance of an Imminent Thrcat
Alert or Elevated Threat Alert by the United States Department of Homeland Security
or any equivalent alert system that may be instituted by any agency United States; 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 only during the continuance of
such event. If a Force Majeure Event occurs, the City may, in its sole discretion, close
or postpone the opening of its community centers, parks, or other City-owned and
operated properties and facilities in the interest of public safety and operate them as the
City sees fit.
Intaloeal Agreement with FWISD for After School Program at Como Elementary School Year 2019-2020 5 of 8
16. APPLICAELE LAW AND VENUE.
(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
Agreement, venue for said action shall lie in Tarrant County, Texas or the Federal
Court of the Northern District of Texas—Fort Worth Division.
17. HEADINGS. Headings and titles used in this Agreement are for reference purposes
only and shall not be deemed a part of this Agreement.
18. ENTIRE AGREEMENT. This written instrument constitutes the entire understanding
of 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.
19. AMENDMENT. 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.
[Signature page follows]
Interlocal Agreement with FW ISD for After School Program at Como Elementary School Year 2019-2020 6 of 8
IN WITNESS WHEREOF, the parties Wreto xecut this Agreement in multiples
in Fort Worth,Tarrant County,Texas this day a=!�bt+2019.
CITY OF FORT WORTH FORT WORTH INDEPENDENT
SCHOOL DISYRICT
� 5
**'?
1
By: By: '/
�9
Fernando Costa D . en arc s Scribner
Assistant City Manager Superint6dent
APPROVED AS TO FORM
AND LEGALITY:
Matthew A. MurAr Alc andcr Athan son
Assistant City Att rney Attorney, Representing Fort Worth ISD
AT 14
FORT
•.����
J. �; :� ui toll hillips
City Sec y r Secretary,Board of Education
Contract Authorization .
M&C: 19-0076
Date: August 27,2019
f
FICIAL RF :GON"T WORTH �..<
Interlocal Agreement with FWISD for After School Program at Como Elenwtary School Year 2019-2020 7 of 8
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 Fernando Costa, 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this^ day
o ,_20t9
" MARIASSANCHEZ
My Notary ID#2256490
t. Expires December 19,2021 Notaty Public in an for t e State of
Texas
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 Dr. Kent Paredes Scribner, 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 ( ( { k day of
b2cernbc.r ,2019.
}P�:P FAYE DANIELS Notar ublic in and for the State of
:-;
MY COMMISSION EXPIRES
NO EMYgt).R 21,20
789 0 Texas
Contract Compliance Manager:
By signing below, I acknowledge that I am the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting requirements.
OFFICIAL RE D.
l
51.012-sAle
43
106A CITY SECRETARY
assistant Director, Ighborhood Services FT- WORTH, TX
Interlocal Agreement with FW ISD for Aftcr School Program at Como Elementary School Ycar 2019-2020 8 of 8
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/27/19 M&C FILE NUMBER: M&C 19-0076
LOG NAME: 19FWASCOMO 2019-2020
SUBJECT
Authorize Execution of Agreement with the Fort Worth Independent School District in an Amount Up to$176,438.00 for Operation of the Fort Worth
After-School Program at Como Elementary School for the 2019-2020 School Year and Adopt Appropriation Ordinance(COUNCIL DISTRICT 3)
RECOMMENDATION:
It is recommended that the City Council:
1.Authorize the execution of an Agreement with the Fort Worth Independent School District in an amount up to$176,438.00 to provide the Fort
Worth After-School Program at Como Elementary School for the 2019-2020 school year;and
2.Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Other Fund in the amount
of$176,438.00,subject to receipt of the grant.
DISCUSSION:
On August 8,2000, Mayor and Council Communication(M&C C-18183)the City Council authorized an Agreement with the Fort Worth
Independent School District(FWISD)for the creation of a coordinating board and operation of an after-school program at selected FWISD
schools to serve as a juvenile crime prevention measure.The City has been operating this program at the Como Elementary School site since
2000.
Both the City and FWISD wish to continue this arrangement for the 2019-2020 school year.
The City will receive up to$176,438.00 for the program at the Como Elementary School. Funds will be reimbursed based on actual expenditures,
and the Agreement term will run from July 1,2019 through June 30,2020,encompassing the entire 2019-2020 school year.The contract with
FWISD does not allow indirect costs for this program.
This program is located in COUNCIL DISTRICT 3.
This contract will be with a governmental entity,state agency or public institution of higher education:(Fort Worth Independent School District).
A Form 1295 is not required for this contract because:This contract will be with a governmental entity,state agency or public institution of higher
education: Fort Worth Independent School District
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations, receipt of the grant and adoption of the attached
appropriation ordinance,funds will be available in the current operating budget,as appropriated,of the Grants Operating Other Fund.This is a
reimbursement grant.
Submitted for City Manager's Office by. Fernando Costa 6122
Originating Business Unit Head: Sonia Singleton 5774
Additional Information Contact: Monique Hill 5775