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HomeMy WebLinkAboutContract 41233 (2)CITY SECRETARY INTERLOCAL AGREEMENT CONTRACT NO, BETWEEN FORT WORTH INDEPENDENT SCHOOL DISTRICT AND THE CITY OF FORT WORTH This INTERLOCAL AGREEMENT is made and entered into this the day of 2010 by and between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas (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 (the "FWISD"). RECITALS This Agreement is made under the authority granted to the CITY and the FWISD by and pursuant to the Texas Government Code, Chapter 791, known as the INTERLOCAL COOPERATION ACT. WHEREAS, the City Council of Fort Worth and the Fort Worth Independent School District Board of Trustees have determined that the security and well-being of students at middle and elementary schools during after -school hours of 3:00 to 6:00 PM are of prime importance; and WHEREAS, the City Council of Fort Worth and the Fort Worth Independent School District Board of Trustees by consensus agree that the activities of elementary and middle school children during these critical hours are of paramount importance to both government entities; and WHEREAS, FWISD and CITY entered into an Interlocal Agreement under City Secretary Contract Number 34498 to authorize a Coordinating Board and to operate after -school programs at selected schools as a juvenile crime prevention measure; and WHEREAS, FWISD and CITY entered into an Interlocal Agreement under City Secretary Contract Number 36891 to amend and extend the terms of City Secretary Contract Number 34498 for the 2007-2008 school year; and WHEREAS, FWISD and CITY entered into an Interlocal Agreement under City Secretary Contract Number 34498-A2 to amend and extend the terms of City Secretary Contract Number 34498 for the 2008-2009 school year; WHEREAS, FWISD and CITY entered into an Interlocal Agreement under City Secretary Contract Number 34498-A3 to amend and extend the terms of City Secretar Contract Number 34498 for the 2009-2010 school year; 12-09-1 0 P OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Interlocal Agreement For Como Elementary School Year 2010-2011 Page 1 of 8 WHEREAS, FWISD and CITY entered into an Interlocal Agreement under City Secretary Contract Number to amend and extend the terms of City Secretary Contract Number 34498 for the 2010-2011 school year; and WHEREAS, the Coordinating Board for the FWISD, pursuant to its powers and the terms under City Secretary Contract Number 34498 as renewed and amended, has designated the CITY, through its Parks and Community Services Department, to provide the after school program at Como Elementary School; NOW THEREFORE, in consideration of the mutual covenants herein expressed, the CITY, acting by and through its duly authorized Assistant City Manager, and FWISD, acting by and through its duly authorized superintendent, do hereby covenant and agree as follows: AGREEMENT Pursuant to the designation by the FWISD Coordinating Board under the terms of City Secretary Contract No. 34498 as renewed and amended, the CITY and FWISD agree that: 1. SCOPE OF SERVICES The CITY will implement and operate the after school program at Como Elementary School pursuant to the terms of City Secretary Contract No. 34498 as renewed and amended The Coordinating Board, as authorized under City Secretary Contract No. 34498 as renewed and amended, shall oversee the implementation and operation of said programs. 2. GOALS AND MISSION STATEMENT. The mission of the After -School Program at Como Elementary School shall be: "To enable needs -based after -school programs in a safe environment that result in educational, physical, and social development for elementary and middle school aged children. ' Goals of the After -School Program shall include, at a minimums ➢ To provide homework assistance, tutorial, and relevant educational programs ➢ To improve the awareness of the importance of learning ➢ To reduce the level of truancy ➢ To address the students physical needs ➢ To provide activities that promote social development ➢ To reduce juvenile arrests ➢ To reduce juvenile victims of crimes during the target hours Operational Imperatives are: Interlocal Agreement For Como Elementary School Year 2010-2011 Page 2 of 8 1. To establish program goals and objectives that are measurable and result in desired outcomes through a scientific evaluation process 2. To ensure that program participants achieve improvement in core program outcomes through an accountable system of measurement 3. To ensure that existing programs are not duplicated, or if appropriate, are expanded or complimented through an inventory and evaluation of existing programs. 3. FUNDING. FWISD agrees to pay the CITY Fifty Thousand Seventy -Six Dollars and 00/100 ($50,076.00) to fund the operation of the After -School Program at Como Elementary School. Pursuant to 791.011 of the Interlocal Cooperation Act, each party paying for performance of governmental functions or services must make those payments from current revenues available to the paying party. Payments will be due within 30 days from receipt of invoice. 4. TERM. The term of this Agreement is for a period beginning on August 1, 2010, and ending on July 31, 2011 and shall cover the entire 2010-2011 school year. 5. NON -APPROPRIATION OF FUNDS. It is expressly understood and agreed between the parties that this Agreement is wholly conditioned upon the actual receipt by the CITY of funds from the Fort Worth Crime Control and Prevention District If for any reason, at any time during any tettu of this Agreement, the City Council fails to appropriate funds sufficient for the CITY to fulfill its obligations under this Agreement, the CITY may tetiuinate this Agreement to be effective on the later of (i) thirty (30) days following delivery by the CITY to FWISD of written notice of the CITY's intention to terminate or (ii) the last date for which funding has been appropriated by the City Council for the purposes set forth in this Agreement 6. TERMINATION OF AGREEMENT. If the CITY or the FWISD fails, for any reason, to perform any provision of this Agreement, this Agreement may be terminated if the default continues for a period of thirty (30) days after the notifying party notifies the defaulting party in writing of the default and its intention to declare this Agreement teuunlinated. If the defaulting party does not cure or correct such breach within the thirty (30) day period, the notifying party shall have the right to declare this Agreement immediately terminated and neither party shall have further responsibility or liability hereunder. This Agreement may be terminated by either party in whole or in part at any time with or without a reason, upon written notice to the other party. Such written notice shall specify to what extent the work under the contract is being terminated and the effective date of termination. Interlocal Agreement For Como Elementary School Year 2010-2011 Page 3 of 8 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: If to CITY Charles W. Daniels Assistant City Manager City of Fort Worth 1000 Throckmorton St Fort Worth, Texas 76102 (817) 392-6183 If to FWISD Melody A. Johnson, Ph.D. Superintendent Fort Worth Independent School District 100 N. University Dr. Fort Worth, Texas 76107 (817) 871-2000 8. INDEPENDENT CONTRACTOR. FWISD shall operate hereunder as an independent contractor and not as an officer agent servant or employee of the CITY. FWISD shall have exclusive control of and the exclusive right to control the work designated to the FWISD to be performed hereunder, and all persons performing the same, and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, and employees. Neither CITY nor FWISD shall be responsible under the Doctrine of Respondeat Superior for the acts or omissions of officers members, agents, servants, employees of the other. Nothing herein shall be construed as creating a partnership or joint enterprise between CITY and FWISD. 9. NONDISCRIMINATION. Neither the CITY nor FWISD nor any of their respective officers, members, agents servants, employees, program participants or subcontractors, while engaged in performing this contract, shall in connection with the employment, advancement, or discharge of employees, or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age, except on the basis of a bona fide occupational qualification, retirement plan, or statutory requirement The CITY and FWISD agree that in the execution, performance, or attempted performance of this Agreement, they will not discriminate against any person or persons because of gender, race, religion, color, sexual orientation or national origin, nor will FWISD permit its officers, agents, servants, employees, subcontractors, or program participants to engage in such discrimination. 10. SEVERABILITY. The provisions of this Agreement are severable and if for any reason a clause, sentence, paragraph or other part of this Agreement shall be determined to be invalid by a court or federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. 11. WAIVER OF DEFAULT No waiver by the parties hereto of any default or breach or the failure to insist upon the performance of any term, condition provision, or covenant of this Agreement shall be deemed to be a waiver or relinquishment to any extent of Interlocal Agreement For Como Elementary School Year 2010-2011 Page 4 of 8 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. AFFECT ON THIRD PARTIES. Nothing herein shall be deemed to constitute a waiver of any immunity or affirmative defense, which may be asserted by FWISD or the CITY as to any claim of any third party. Nothing herein shall be construed in any manner, to create a cause of action for the benefit of any person not a party to this Agreement, or to create any rights for the benefit of any person not a party to this Agreement not otherwise existing at law. 14. INSURANCE FWISD agrees to require its contractors to furnish the CITY with certificates of insurance acceptable to the CITY, as proof that they secured and paid for a policy of commercial liability insurance covering all public risks related to work performed under this Agreement. 15. FORCE MAJEURE 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 emergency by the federal, state, county, or City government in accordance with applicable law; 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 and any time period applicable to performance of such obligations shall be extended for a period of time equal to the duration of the Force Majeure Event 16. HOMELAND SECURITY. If the United States Department of Homeland Security issues a Level Orange, or Level Red Alert, CITY, in its sole discretion, after consultation with FWISD, may cancel or postpone any scheduled event in the interest of public safety. If CITY cancels an event, FWISD will be entitled to a refund of any prior fees paid to the CITY. 17. APPLICABLE LAW. (a) This contract shall be construed in accordance with the laws of the State Of Texas. Interlocal Agreement For Como Elementary School Year 2010-201 1 Page 5 of 8 (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 — Fort Worth Division. 18. HEADINGS. Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 19. 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. 20. 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. IN WITNESS WHEREOF, the parties hereto ha executed this Agreement in multiples in Fort Worth, Tarrant County, Texas this 7 day of , 2010. FORT WORTH INDEPENDENT SCHOOL D TRIC CITY OF FORT WORTH By: Charl s W. Daniels Assistant City Manager APPROVED AS TO FORM AND LEGALITY Date: Contract Authorization 2yLtS4 M&C C--- -04teberast009 scrr P1, 20 1 o By: Melody A. Johnson, Superintenden Attorney for Fort Independent Schoo district Date: 06/gom Interlocal Agreement For Como Elementary School Year 2010-2011 Page6of8 ATTEST: Marty Hendri City Secretary ,c),Arcs ofit st, CjO 0 O0 ke0 ea te --""a ;-te\LakS v 0 0 contract Au tho a 2 ica� �� oo '4 Date pea ATTEST: 4 T.A. ims Secretary, Board of Education OFFICIAL RECORD CITY SECRETARY Ft WORTH, TX Interlocal Agreement For Como Elementary School Year 2010-2011 Page 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 Charles W. Daniels, Assistant City Manager, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same as the act of the City of Fort Worth and that he executed the same as the act of the said City of Fort Worth for the purposes and consideration therein expressed and in the capacity herein stated. GI EN DER MY HAND AND SEAL OF OFFICE, this da .4,< _,��1L�.i�y 1 2010. MARIA S. SANCHEZ MY COMMISSION EXPIRES ber 14, 2013 Decem STATE OF TEXAS COUNTY OF TARRANT • Notary Pub is in and for the State of Texas BEFORE ME, the undersigned authority, a Notary Public in and for the State of f on this day personally appeared Melody A. Johnson, PhD., Superintendent, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was for the purposes and consideration therein expressed, as the act and deed of the Fort Worth Independent School District, and in the capacity therein stated as its authorized officer or representative. GIV N UNDER MY HAND AND SEAL OF OFFICE, this day of Cynthia D. Readyhough Notary Public, State of Texas My Commlssim Expkes April 23, 2014 Not. / Public in and for the ■ Stat of Texas Interlocal Agreement For Como Elementary School Year 2010-2011 Page 8 of 8 M&C Review Page 1 of 2 I 1 r [118 Official site of the City of Fort Worth, Texas FORT WO RT COUNCIL ACTION: Appvy d ®n 9/14/2010 OK'd Nod 19343°09°2O1 O DATE: 9/14/2010 REH=G ; k\lCN NO.: C-24454 L*G NAME: 8OFWISDIO C,. C T YPIH.: NON-CONSENTPUBLIC NO HEARING: SU JECT: Authorize the I_.xecution of an Agreement with the Fort Worth Independent School District in an Amount Up to $60,000.00 for Operation of the Fort Worth After School Program at Como Elementary School for the 2010-2011 School Year and Adopt Appropriation Ordinance (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council: I. Authorize the City Manager to execute an agreement with the Fort Worth Independent School District in an amount up to $60,000.00 to provide the Fort Worth After School Program at Como Elementary School for the 2010R2011 school year; and 2 Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in an amount up to $60,000.00. DISCUSSION: On August 8, 2000, the City Council approved M&C C-18183, which 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 Parks and Community Services Department has been operating the Como Elementary School site of this program since 2000. Both the City and FWISD wish to continue this arrangement for the 2010-2011 school year. The City will receive up to $60,000.00 for Como Elementary School. Funds will be reimbursed based on actual expenditures, and the agreement term will run from August 1, 2010, through July 31, 2011 and encompass the entire 2010-2011 school year. This program is located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, receipt of the executed agreement, and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers GR76 488917 080449479010 GR76 5 (VARIOUS) 080449479010 $60,000.00 $60,000.00 FROM Fund/Account/Centers http://apps.cfwnet.org/council_packet/mc_review.asp?ID=13954&councildate=9/14/2010 12/14/2010 M&C Review Page 2 of 2 Submitted for City Managers OAke by; Originating Department Had: Additional Inc' urination Contact: ATTACHMENTS DM 80FWISD 10 AO.doc Charles W. Daniels (6183) Richard %avala (5704) Sonia Singleton (5774) http://apps.cfwnet.org/council_packet/nc_review.asp?ID=13954&councildate=9/14/2010 12/14/2010