HomeMy WebLinkAboutContract 39556 (2)C
�1TY SFORETAR
STATE OF TEXAS §
COUNTY OF TARRANT §
INTERLOCAL AGREEMENT
�,�'is INTERLOCAL AGREEMENT ("Agreement") is made and entered into this
the �� day of , 2009, by and between the CITY OF FORT
WORTH, a home rule municipal corporation of the State of 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 "FWISD").
RECITALS
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, the majority of criminal justice experts agree that truancy can lead to
victimization, criminal acts, drug abuse, teen pregnancy, and illiteracy; all of which are
deterrents to student opportunity and success; and
WHEREAS, early intervention in truancy behavior and referral to the court is
necessary in order to encourage students to attend school on a regular basis; and
WHEREAS, while the CITY can hear cases within its existing municipal court
system, FWISD and the CITY have determined that a dedicated court is effective in
discouraging truancy; and
WHEREAS, FWISD and the CITY established a specialized Municipal Court
entitled "School Attendance Court" funded by FWISD to hear all FWISD truancy cases,
and both parties authorize and agree to the execution of this Agreement; and
WHEREAS, the establishment of the School Attendance Court resulted in
offenses being heard quickly and punishments being consistently imposed from case to
case; and
WHEREAS, the City Council of Fart Worth and the Fort Worth Independent
School District Board of Trustees determined that the continued need for expedient,
consistent, and equitable sanctions for all truancy offenses is of paramount importance to
both government entities.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
NOW THEREFORE, in consideration of the mutual covenants herein expressed,
the parties agree as follows:
AGREEMENT
1. ADMINISTRATION. CITY and FWISD covenant and agree to fully cooperate
in operation of the Attendance Court and both parties consent, under the terms of
this Agreement, to the following:
A. The School Attendance Court ("Court") shall be conducted on a schedule
and a location agreed upon by the parties. FWISD shall provide, at no cost to the
CITY, a site reasonably acceptable to the CITY, for the School Attendance Court.
CITY municipal court personnel, as determined by the designated City
representative in Subsection G. below, shall have full access to any areas of the
FWISD School Attendance Court for conducting the day-to-day administration of
the Court.
B. A Municipal Court Judge, who is a licensed attorney in good standing in
the State of Texas, shall be selected by the City Council according to the Texas
Government Code (Texas Government Code §30.00381 et seq. (Vernon 2004))
and the City of Fort Worth Charter and Ordinances to preside over all FWISD
truancy cases presented to School Attendance Court
C. The CITY shall be responsible for the day-to-day administration of the
School Attendance Court and the selection of all personnel necessary, for the
effective operation of the Court. The CITY shall determine which City municipal
court personnel shall be assigned to the Court. Said personnel shall possess the
necessary qualifications and skill sets to perform the required duties, including
bilingual skills when necessary. FWISD understands that the CITY may re -assign
City personnel as the CITY deems necessary for the effective and efficient
operation of the Court and FWISD agrees to fully support any assignment
decisions made by the CITY. CITY agrees to provide to FWISD reports of court
activity in a format and on a schedule as agreed upon between the parties.
D. FWISD and the CITY understand that the Municipal Court Judge is duty-
bound by the Code of Judicial Conduct and must perform his/her judicial duties
so that the integrity, impartiality and independence of the judiciary are preserved.
E. The act of providing funding for the School Attendance Court will not
influence the judicial conduct or judgment of the appointed Judge nor does it
create, in any manner, a relationship between FWISD and City municipal court
personnel including the Judge and other staff.
F. The City Manager, or designee, and the Fort Worth Independent School
District Superintendent, or designee, shall meet four times a year on a quarterly
2009-2010 School Attendance 0ourt Contract
Page 2 of 10
basis, including once during the month of June, to discuss concerns related to the
current operation of the Court and the location of the Court for the next contract
year at its current location or at a city -owned and operated facility. CITY agrees
to coordinate with FWISD to arrange the time, location and date of the meeting,
which shall be mutually acceptable.
G. For the purposes of this Agreement, the City Manager, or designee, shall
be the representative for the City Council of Fort Worth for administrative or
operational decision -making. For the purposes of this Agreement, the Fort Worth
Independent School District Superintendent, or designee, shall be the
representative for the FWISD for day-to-day administrative or operational
decision -making. No later than August 31 each year, CITY and FWISD shall
provide written notice to the other party of its designated representative who will
be responsible for the day-to-day administration and operational decision -making
for the Court.
2. GOALS AND MISSION STATEMENT.
A. The mission of the School Attendance Court Program shall be:
To provide a court setting that will ensure students a timely referral to the
court for the consistent and equitable disposition of their truancy cases.
B. The goals of the School Attendance Court shall include, at a minimum:
• Timely referral of students to the court for disposition
• Competent jurisdiction based on knowledge of applicable laws
• Consistent and equitable sanctions from one court
• Expedient resumption of regular school attendance
• Early intervention in juvenile behavior that is a precursor to other
juvenile crime activities
3. FUNDING.
A. It is agreed between FWISD and the CITY that the Fort Worth
Independent School District shall pay, subject to the terms set out in Subsection B. of this
section, all staffing and operational costs associated with the operation and administration
of the School Attendance Court. These costs shall be as follows:
1. FWISD agrees to provide funding for all essential courtroom personnel as
determined by the CITY, to include, at a minimum, a municipal court judge,
senior customer service representative, human services specialist, a
customer service representative, senior human services specialist, a
prosecutor and four deputy city marshals. The estimated salaries and
benefits for such personnel for the year are attached and incorporated herein
as Exhibit "A". Included in the funding amount shall be group health
insurance, contributions to employee retirements and incentive pay.
2009-2010 School Attendance Court Contract Page 3 of 10
2. FWISD agrees to reimburse the CITY for all costs associated with the use of
an assistant city attorney to prosecute cases. It is anticipated that an
assistant city attorney will be needed at the Attendance Court a maximum of
five (5) days per week to cover bench and jury trials. The hours and amount
of time needed for the use of an assistant city attorney shall be at the
discretion of and determined by the CITY. The estimated salary and
benefits for such personnel for the year are attached and incorporated herein
as Exhibit "A."
3. FWISD agrees to reimburse the CITY for fuel, standard maintenance, and
all associated operational costs related to the vehicle funded by FWISD for
use by the City of Fort Worth personnel for the day -to day operation of the
Court and other Attendance court purposes
FWISD agrees to pay only fuel costs for a second City motor vehicle used to
transport juveniles to and from the court.
The estimated operational costs of the vehicles for the year 2009-2010 are
attached and incorporated herein as Exhibit "A."
4. FWISD shall provide supplies and other minor equipment as determined by
mutual agreement between the CITY and FWISD. CITY and FWISD agree
that FWISD will not be responsible for any indirect costs absorbed by the
City, such costs being approximately 35% of the total operating and
administrative overhead budget. CITY, at its cost, shall provide all
necessary computers, printers and other auxiliary computer equipment
necessary for the operation of the Court, as determined by the CITY.
FWISD agrees to sign any necessary security or CITY IT -computer related
agreements and provide the necessary access to the Attendance Court
building for installation of the CITY computers, printers and other auxiliary
computer equipment.
5. CITY agrees to submit an invoice to FWISD on or before the 19`h business
day of each month for services rendered by the CITY for the previous
month. City agrees to notify FWISD of any necessary unbudgeted items
prior to purchase by the City. FWISD agrees to submit full payment as
indicated on each invoice within 45 days of receipt of the invoice. Within
ten (10) business days of receipt of any disputed invoices, FWISD shall
submit written notice to the CITY specifying the contested charges. Within
ten (10) business days of receipt, CITY will respond with additional
information. If, after receipt of additional information, the charges are still
in dispute, the City Manager, or designee shall and the Fort Worth
Independent School District Superintendent, or designee, shall meet to reach
a resolution to the contested charges. Failure of the City and FWISD to
2009-2010 School Attendance Court Contract
Page 4 of 10
each resolution of the disputed charges shall be grounds for termination
pursuant to Section 5 of this Agreement.
B. CITY and FWISD agree the above personnel are necessary for the smooth
administration and operation of the Court in order to process a maximum of 2,400 cases
to Attend student cases plus up to 2,400 associated Parent Contributing to Non
Attendance cases filed for the 2009-2010 school year. City and FWISD agree that all
staffing and operational costs associated with the administration of a maximum 2,400
Failure to Attend student cases plus up to 2,400 associated Parent Contributing to Non
Attendance cases for the Court shall be $683,832.48 for the 2009-2010 school year as set
out in Exhibit "A". If FWISD elects to file more than 2,400 Failure to Attend student
cases or more than 2,400 associated Parent Contributing to Non Attendance cases for the
2009-2010 school year, FWISD agrees to pay 1% of the adopted budget per 100
additional cases to cover the additional staffing and operational costs associated with the
increased caseload.
CITY agrees to submit a proposed budget for the next Attendance Court school year to
FWISD no later than July 1 of 2010.
CO FWISD and CITY agree that all contractual payments provided herein
fairly compensate the CITY for the services and functions performed under this
Agreement.
D. FWISD agrees and understands that under §791.011 of the Local
Government Code, payment for the performance of the governmental functions or
services under this Agreement must be made from current revenues available to the
CITY.
4. TERM. The term of this agreement is for a period beginning on October 1,
2009 and ending on September 30, 2010.
5. TERMINATION OF AGREEMENT.
A. Termination for Cause If the CITY or the FWISD fails, for any reason, to
perform any provision of this Agreement, the other party shall send the defaulting party
written notice of the default and of the party's intention to declare this Agreement
terminated. The defaulting party shall have thirty (30) calendar days from the date of
receipt of the notice to cure or correct the default. If the defaulting party does not cure or
correct the default within the thirty (30) calendar 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. Termination at Will Either party may terminate this Agreement, in whole or in
part, at any time and for any reason. Such termination shall be effected by providing the
2009-2010 School Attendance Court Contract Page 5 of 10
other party written notice that specifies the extent to which the work under the contract is
being terminated and the effective date of termination.
6. COURTROOM. FWISD will provide, at its sole cost and expense, courtroom
space, administrative offices, and related facilities on FWISD-owned property within the
City of Fort Worth that conforms to accepted courtroom standards. FWISD shall provide
CITY court personnel with all required access to said courtroom, assigned administrative
offices and selected spaces within the Attendance Court Building to conduct the School
Attendance Court.
7. USE OF COURTROOM. The courtroom, offices, waiting areas, holding cells
and other space related to School Attendance Court (which shall be located on the first
floor of the FWISD building located at 5701 Meadowbrook Drive, Building #3, Fort
Worth, Texas 76112) shall be used to conduct hearings and proceedings related to
FWISD truancy cases. All proceedings and hearings shall be held in accordance with the
established practices and procedures of the City of Fort Worth Municipal Courts. Use of
the courtroom, offices, waiting areas, holding cells and other space related to Attendance
Court located on FWISD property for any other juvenile purpose other than School
Attendance Court shall be mutually agreed upon between the FWISD designee and the
CITY designee as set out in Section 1G of this Agreement. In no event shall these areas
be used for any purpose other than for juvenile use nor shall any other proposed use
interfere with the operation of the School Attendance Court. FWISD and CITY agree
that School Attendance Court will have priority over any other use of the courtroom,
offices, waiting areas, holding cells and other space related to School Attendance Court.
The CITY agrees and understands that school district employees will occupy the second
floor of the FWISD building and that these employees will need access on a daily basis to
the foyer and the elevator located on the first floor. CITY employees will have access to
all assigned areas and offices located on the second floor. For security purposes, after.
hours access by the City to School Attendance Court will be coordinated through FWISD
night security.
8. IMPROVEMENTS. FWISD shall have exclusive right, title and interest
in all structures and improvements relating to School Attendance Court constructed by
FWISD that are located on premises belonging to FWISD. The CITY retains the right, at
its discretion and own cost, to add any furniture, equipment, supplies, or other items
necessary for the operation of the Attendance Court. FWISD agrees that any such
bmiture, equipment, supplies, or other items shall remain the sole property of the CITY
and may be added, changed, removed, or altered at the discretion of the CITY. The
CITY retains the right, subject to the written approval of FWISD, to add any permanent
improvements necessary for the operation of the Attendance Court.
9. RULES REGULATIONS AND OPERATION. The courtroom and its
premises shall be subject to the same rules, regulations and methods of operation as other
municipal courtrooms operated by the City of Fort Worth. The CITY and FWISD shall
2009-2010 School Attendance Court Contract Page 6 of l0
comply with all ordinances and regulations of the CITY of Fort Worth, the laws of the
State of Texas and of the United States of America applicable to the use of said premises.
In order to ensure the safety of school and city personnel and persons attending the Court,
all persons (including CITY and FWISD personnel) entering the Court area shall be
required to submit to security measures as determined necessary by the City Marshal.
10. ALLOCATION OF FINES. Any fines collected as a result of truancy violations
will be allocated between FWISD and the CITY according to state law. Any allocation
of fines not dictated by state law will be according to the current established procedures
of the Municipal Court of the CITY. City will pay any fines due and owing FWISD by
J.S. MAIL to the Assistant Superintendent in the month following the collection of such
fines.
11. RELEASE OF STUDENT EDUCATION RECORDS. To the extent permitted
by law, FWISD agrees to release and make available any information from a student's
education record to the presiding judge over the School Attendance Court,
12. INDEPENDENT CONTRACTOR. CITY shall operate hereunder as an
independent contractor and not as an officer, agent, servant or employee of the FWISD.
FWISD shall operate hereunder as an independent contractor and not as an officer, agent,
servant or employee of the CITY. CITY shall have the 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, and employees. Neither CITY nor FWISD
shall be responsible under the Doctrine of Respondeat Superior for the acts and omissions
of its officers, members, agents, employees, or officers of the other.
It is understood and agreed that the FWISD is not involved as a party to any activities
that may be carried on by CITY pursuant to this agreement. 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.
13. DAMAGES OR LAWSUIT.
A. FWISD and CITY agrees to notify the other promptly upon the receipt of any
claim or lawsuit brought in connection with any injury, death or damages on the
premises. FWISD and the 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 CITY or FWISD may be responsible
hereunder.
2009-2010 School Attendance Court Contract Page 7 of 10
B. 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.
C. 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. NONDISCRIMINATION. The CITY, FWISD, and their respective officers,
members, agents, employees, program participants, or subcontractors, while engaged in
performing this contract, shall not, 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 sex, race, religion, color, national origin or sexual orientation nor
will CITY or FWISD permit its agents, employees, subcontractors or program
participants to engage in such discrimination.
15. 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.
16. 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, 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.
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.
18. SOLE AGREEMENT. This written instrument constitutes the entire
agreement by the parties hereto concerning the work and services to be performed and
2009-2010 School Attendance Court Contract Page 8 of 10
any prior or contemporaneous, oral or written agreement, which purports to vary from the
terms hereof, shall be void.
19. AMENDMENT. No amendment, modification or alteration of the teams
hereof 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 the day of
2009.
[SIGNATURES APPEAR ON NEXT PAGE)
2009-2010 School Attendance Court Contract
Page 9 of 10
ATTEST:
APPROVED AS TO FORM
AND LEGALITY.
By: � k u
Assistant City
CITY OF FORT WORTH
By:
J. Daniels
City Manager
ATTEST FORT WORTH INDEPENDENT
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ATTEST:
Board of Education
2009-2010 School Attendance Court Contract
OFFICIAL RECORD
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M&C Review
Page 1 of 2
COUNCIL ACTION: Approved on 11/3/2009
Offcial site of the City of Fort Wfwlt , icyris
DATE: 11/3/2009 REFERENCE NO.: C-23888 LOG NAME: 38FWISD09
CODE: C TYPE% NON -CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Interlocal Agreement with the Fort Worth Independent School District for Fiscal
Year 2009-2010 Operation of the Municipal Court School Attendance Court to Adjudicate
Truancy Cases
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute an Interlocal Agreement with the Fort Worth Independent School
District for the City to provide a School Attendance Court to adjudicate Fort Worth Independent School
District truancy cases; and
2. Authorize the City Manager to accept reimbursement from the Fort Worth Independent School District in
the amount of $683,832.48 for personnel and other costs related to the operation of the School Attendance
Court in Fiscal Year 2009-2010.
DISCUSSION:
The Comprehensive Truancy Intervention Program (CTIP) is a joint effort of the Fort Worth Independent
School District (FWISD), the Tarrant County District Attorneys Office and the Fort Worth Police
Department. The program is designed to aggressively address the truancy problem and includes various
efforts by FWISD to encourage school attendance. Student truancy can result in Class C misdemeanor
court cases filed against students and their parents.
The FWISD requested that the City provide an Attendance Court dedicated to hear truancy cases only.
Since establishment of the School Attendance Court on February 20, 2001, (M&C C-18472) all FWISD
truancy cases for students residing within the City have been processed in this dedicated municipal court.
FWISD agrees to reimburse the City for all personnel and other operational costs associated with
implementation and operation of the Attendance Court except for computer -related costs. The Attendance
Court site is provided to the FWISD at no cost to the City. Costs for Fiscal Year 2009-2010 School
Attendance Court operations are estimated at $683,832.48.
The Interlocal Agreement provides that:
1. The Attendance Court established under the Fort Worth Municipal Court will have primary jurisdiction
over all FWISD truancy cases for students residing within the City;
2. FWISD will fund all costs associated with the operation of the School Attendance Court to include staff
salaries and other operational costs (with the exception of computer -related costs);
3. Any fines collected from truancy violations will be allocated between the FWISD and the City in
accordance with State law;
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M&C Review
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4. FWISD will, at its sole cost and expense, provide space at FWISD-owned property within the City of Fort
Worth conforming to accepted courtroom standards for conducting School Attendance Court proceedings
and related activities and shall provide court personnel access to the facilities being provided; and
5. The term of this Agreement is for a period beginning on October 1, 2009, and ending September 30,
2010,
The Interlocal Agreement was approved by the FWISD School Board on October 27, 2009.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the General Fund. The Municipal Court Department will be responsible for the
collection and deposit of funds due to the City.
TO Fund/Account/Centers
3G01 431120 0381000 $683,832.48
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
FROM Fund/Account/Centers
GG01 VARIOUS 0381000 $683,832.48
Charles Daniels (6183)
Deidra Emerson (6711)
William Rumuly (6736)
http://apps. cfwnet. org/council�acket/mc_review.asp?ID=12565 &councildate=ll /3 /2009 11 /5/2009