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HomeMy WebLinkAboutContract 44022 (2)CITY SECRETARY CONTRACT NO. INTERLOCAL AGREEMENT BETWEEN FORT WORTH INDEPENDENT SCHOOL DISTRICT AND THE CITY OF FORT WORTH 2 TIOs INTERLOCAL AGREEMENT ("Agreement") is made and entered into this SC day of C1 Y1 tiAil V _ . 201Z"("Effective Date") by and between the CITY OF FORT WORTH, a home -rue 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 ("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 primary school district that serves residents of the City of Fort Worth is the FWISD; WHEREAS, increased academic and cultural enrichment activities outside the school day has been identified as a major need by teachers, students, parents and community members; WHEREAS, the City and FWISD have enjoyed an extended relationship through multiple Interlocal Agreements to provide academic and cultural enrichment activities to the community; and WHEREAS, FWISD, through its 21 st Century Community Learning Center, has designated the City, through its Parks and Community Services Department, to provide the Community Learning Center program at Rosemont Middle School and Daggett Middle School. NOW, THEREFORE, in consideration of the mutual covenants herein expressed the parties agree as follows: AGREEMENT 1. OBJECTIVES AND GOALS. A. The primary objectives of the Community Learning Center Program shall include the following: 1. Increase the academic achievement of students participating in the Community Learning Center (CLC) as shown by the number of students passing all tests on state -mandated standardized tests and being promoted to the next grade. Interlocal Agreement Between FWISD and The City for 21' Century Community Learning Center 01-07-13 PO4:33 IN OFFICIAL RECORD CITY SECRIETARY FtmOFJflfl, H'X 2. Increase the number of students participating in the CLC who progress toward graduation a shown by reduction in the annual dropout rate. 3. Increase the involvement of, and commitment by, parents in the education of their children by increasing the percentage of families participating in family literacy activities. 4. Increase the number of students who demonstrate increased proficiency in reading, science, and mathematics as demonstrated through pre -and post - testing. 5. Increase the number of students involved in positive youth development activities that occur outside school hours and that are designed to provide a safe haven for students while reducing disciplinary placements and juvenile crime B The primary goals of the CLC Program shall include the following: 1. Provide opportunities for academic enrichment, including providing tutorial services to help children, particularly students who attend low - performing schools, to meet State and Local student academic achievement standards in core academic subjects such as reading, mathematics and science; 2. Offer participating students a broad array of additional services, programs, and activities that are designed to reinforce and complement the students' regular academic program; 3. Offer families of students served by the CLC opportunities for literacy and related educational development. 2. FUNDING. A. FWISD agrees to pay the City annually Fifty -Seven Thousand Three Hundred Dollars and 00/100 ($57,300.00) to fund the operation of the CLC Program at Rosemont Middle School and Forty -Nine Thousand Dollars and 00/100 ($49,000.00) to fund the operation of the CLC Program at Daggett Middle School. FWISD and the City agree that these amounts fairly compensate the City for the operation of the CLC Programs. B. 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. 3. TERM. Subject to grant funding, the initial term of this Agreement shall begin on the Effective Date and expire on July 31, 2013 and may be extended for two (2) additional one-year renewal periods upon mutual agreement of the parties. 4. CONTINGENCY. This Agreement is subject to availability of funds appropriated by legislative act and the Texas Education Agency (TEA). All amendments and/or extensions or subsequent contracts entered into for the same or continued purposes are executed contingent Interlocal Agreement Between FWISD and The City for 21 n Century Community Learning Center 2 of 11 upon the availability of appropriated funds. Notwithstanding any other provision in this Agreement or any other document, this Agreement shall terminate in the event appropriated funds becoming unavailable. The City will be reimbursed for all expenses incurred prior to the termination of this agreement 5. ADMINISTRATION, RECORD KEEPING. REPORTING AND OVERSIGHT. A. FWISD will: 1. Provide a Project Manager to help oversee grant implementation and supervision of campus level Academic Liaison. 2. Provide onsite program coordination, adequate project site, and facility amenities. 3. Provide overall leadership through the FWISD Office of the Deputy Superintendent of Operations. 4. Serve as fiscal agent for the grant project. 5. Provide fiscal management through the FWISD Offices of 21st Century, Accounting and Budget. 6. Provide administrative assistance with submittals for center expenses 7. Act as broker of services with Community Based Organization(s) (CBO), FWISD staff, and the City. 8. Coordinate with all centers to maximize resources. 9. Coordinate meetings between CBO and other project staff members. 10. Provide ongoing feedback, compilation, and dissemination to ensure continuous improvement. B. City of Fort Worth will: 1. Work collaboratively in the delivery of services. 2. Be responsible on a campus level for hiring, training, supervision, and terminating non-academic staff to meet FWISD guidelines and scheduling needs. 3. Provide daily staff requirements enrichment programs, and work with other CBOs to provide enrichment and adult literacy programs. 4. Assist Program manager with brokering of services with other CBOs, FWISD staff, and the City to provide enrichment and family literacy programs. 5. Work with the Academic Liaison to facilitate the plan for academic enrichment, use of campus facilities, and recruitment of staff to work in the program. 6. Provide activity coordination and communication. 7. Work with the Academic Liaison to schedule youth activities and integrate with academic objectives. 8. Compile attendance and other records as required for compliance with program requirements. Interlocal Agreement Between FWISD and The City for 2Is Century Community Learning Center 3 of 11 6. FUNDING REOUIREMENTS. All funding, including administrative costs, payroll, professional and contracted services, travel printing, supplies and materials, and other operations costs shall be limited to the funds acquired by the City from FWISD through 21st Century CLC Program and will be administered in strict accordance with the following: A. Grant funding shall not supplant current funding dedicated to after -school programs. B. Grant funding is on a reimbursable basis and based on actual expenditures, not budgeted amounts. C. The total amount of expenditures to the City and the obligation of the FWISD under this Agreement shall be limited to the funds received by the Texas Education Agency grant, but in no event shall exceed $57,300.00 at Rosemont Middle School and $49,000.00 at Daggett Middle School. D. The City shall submit weekly attendance reports via the 21st Century database. Failure to accurately complete and submit weekly attendance data can result in termination from the program. E Funds may only be used for eligible items. It is the City's responsibility to ensure City CLC programs are spending the funds only on eligible supplies and activities. If audited, the City will reimburse the FWISD for the total amount for any expenditure that that is not allowed by the grant and/or by the TEA. All refunds will be due within 30 days of receipt of written notice that such money is due to the FWISD. If the City fails to make timely payment, FWISD may obtain such funds from the City by any means permitted by law, including but not limited to offset, counterclaim, cancellation, termination suspension, withholding of additional funds. F. No funds may be uses to pay for religious worship, instruction or proselytization, or for any equipment or supplies for such, or for construction remodeling, repair, operation, or maintenance of any facility or part of a facility to be used for religious worship, instruction or proselytization. 7. GENERAL PROGRAM REQUIREMENTS. A. FWISD will: 1. Supervise, monitor, and guide to ensure alignment of project activities with grant guidelines. 2. Provide internal and external evaluation services through the Research and Evaluation Department. 3. Provide grant compliance and project development assistance through the Grants and Development Department. Interlocal Agreement Between FWISD and The City for 21 r Century Community Learning Center 4 of 11 4. Identify appropriate FWISD students for referral and program participation. 5. Obtain parental permission for student participation in program. 6. Provide appropnate student orientation 7. Work in cooperation with CBO to execute program evaluation tool (POE) as required by TEA and provide information to CBO. B. City of Fort Worth will: 1. Provide a key basis for program awareness. 2. Assist with recruitment of students and families. 3. Work with FWISD to execute the program evaluation (POE) as required by TEA. 4. Provide evaluation summary (POE) to the FWISD 21st CLC personnel as required by TEA. 8. PROGRAM PREPARATION A. FWISD will 1. Recruit FWIDS staff: a. Project Manager b. Academic Liaison (AL) c. Tutors d. Teachers for academic activities e. Librarians and tech lab staff f. Monitors and custodial staff 2. Conduct 21st Century training. a. Contract with CBOs b. Assist with CBO staff recruitment c. Assist with recruitment of community organizations. 3. Make arrangements for USDA approved snacks. 4. Make transportation arrangements. 5. Evaluation: a. Plan for data collection b. Develop pre-tests 9. PROGRAM DEVELOPMENT A. FWISD's AL will: 1. Coordinate planning for tutoring. 2. Plan for use of libraries and tech labs. 3. Finalize teachers for academic activities. 4. Assist with planning for adult literacy activities. 5. Plan for monthly "family fun' academic nights. 6. Develop a disciplinary plan with CBO coordinator. 7. Ensure there are enough teachers to supervise during snack time Interlocal Agreement Between FWISD and The City for 21' Century Community Learning Center 5 of 11 8. Ensure adequate supervision at all times for students; class changes, dismissal, snack time. 9. Student and family recruitment a. Develop bilingual brochures and flyers b. Post on FWISD and City web sites. c. Include in FWISD newspaper notes. d. Make presentations at teachers' meetings. e. Coordinate with the athletic program. f. Make personal contacts with youth and parents. 10. Volunteer Recruitment a. Work with School/Community Office b. Encourage parents to volunteer c. Recruit senior volunteers d. Make presentations to Adopt -A -School partners B. City will: 1. Prioritize program needs with AL 2. Ensure all staff attends required meetings. 3. Develop program plans with staff 4. Develop program plans with other groups 5. Ensure there is adequate staff to carry out disciplinary plans. 6. Student and family recruitment a. Develop bilingual brochures and flyers b. Post on FWISD and City web sites. c. Include in FWISD newspaper notes. d. Make presentations at teachers' meetings. e. Coordinate with the athletic program. f. Make personal contacts with youth and parents. 7. Volunteer Recruitment a. Work with School/Community Office b. Encourage parents to volunteer c. Recruit senior volunteers d. Make presentations to Adopt -A -School partners 10. PROGRAM IMPLEMENTATION A. FWISD AL will: 1. Continue recruitment activities 2. Establish homework/tutoring space. 3. Coordinate additional hours for libraries and labs. 4. Assist with inclusion of state -mandated standardized tests in all CBO programs. 5. Conduct monthly "family fun" academic activities. B. City will: Interlocal Agreement Between FWISD and The City for 21 n Century Community Learning Center 6 of 11 1. Continue recruitment activities 2. Coordinate all activities with AL 3. Provide student programs with intentional academic elements in the areas of: a. Health and wellness. b. Clubs and interest groups c. Life skills d. Creative Arts e. Service Learning C. FWISD will: 1. Evaluation: a. Conduct prep -tests as needed. b. Review attendance data collection and assist as needed with any difficulties. c. Review other performance data collection. 11. 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 the 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, 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. 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 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. FWISD shall not be responsible under the Doctrine of Respondeat Superior for the acts and omissions of City, its officers, members, agents, employees, or officers. 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. 12. CLAIMS, WAIVER OF IMMUNITY. 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. Interlocal Agreement Between FWISD and The City for 21' Century Community Learning Center 7 of 11 Nothing herein shall be deemed to constitute a waiver of any immunity or affirmative defense that 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. The City agrees to require its contractors to furnish FWISD with certificate of insurance, acceptable to the FWISD, as proof that the contractors secured and paid for a policy of public liability insurance covering all public risks related to work performed under this Agreement 13. 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 and for any 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. 14. NOTICES 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: City: FWISD: City of Fort Worth Parks and Community Services 4200 S. Freeway, Ste 2200 Fort Worth TX 76115 With Cony to: City of Fort Worth Department of Law Fort Worth Independent School District 100 North University Drive Fort Worth, Texas 76107 Attentions Miguel Garcia Interlocal Agreement Between FWISD and The City for 21 n Century Community Learning Center 8of11 Attn City Attorney 1000 Throckmorton Street Fort Worth, Texas 76102 However, the parties may from time to time change their respective addresses, and each shall have the right to specify another address, which shall be effective following at least ten days' written notice to the other party. 15. NONDISCRIMINATION. A. Neither the City and FWISD, nor any of its officers, members, agents, 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, religion, color, sexual orientation, national origin, or any other legally prohibited criteria, nor will FWISD permit its agents, employees, subcontractors or program participants to engage in such discrimination. 16. 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 that can be given effect without the invalid provision 17. 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. 18. APPLICABLE LAW. A. This Agreement 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-perfoiznance 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. lnterlocal Agreement Between FWISD and The City for 21' Century Community Learning Center 9 of 11 19. SUBCONTRACTING. The City will not assign or subcontract any of its rights or responsibilities under this Agreement without prior formal written amendment to this Agreement properly executed by the City, FWISD and the Texas Education Agency. 20. SOLE AGREEMENT. This written instrument and any attached exhibits constitutes 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. AMENDMENT. 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. 22. PARTIES BOUND. This Agreement shall be binding upon the successors and assigns of both parties in like manner as upon the original parties. 23. 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 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 during the continuance of such event. 24. SIGNATURE AUTHORITY. FWISD certifies that the person signing this Agreement has been properly delegated this authority. [SIGNATURES APPEAR ON NEXT PAGE] Interlocal Agreement Between FWISD and The City for 21' Century Community Learning Center 10 of 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective on the Effective Date. CITY OF FORT WORTH Susan Alanis Assistant City Manager ATTEST: pity ecre APPROVED AS TO FO AND LEGALITY: By: Tyler F.Wallach Assistant City Attorney Authorization: M&C #: Zrgic Date: 1`7/Q / 2°(Z FORT WORTH INDEPENDENT SCHOOL DISTRICT B: eirritt Preside 't, Board of Education Fort Worth Independent School District ATTEST btt1t14 ettrA %CI d O J cretar__ Board of Education o'j� -upo00�- � ,', '� o° oa 0� 000000° fiY Nottactre Attorney for Fo District &4'R h Independent School oirrllclla [(ANCOR ©f fl SRC (f. ll i R1WY U to Yi JtATA) Lr/T\1 Interlocal Agreement Between FWISD and The City for 21 ' Century Comrnunity Learning Center ll of ll M&C Review Page 1 of 2 Official site of the City of Fort Worth, Texas FORT \\ORTII COUNCIL ACTION: Approved on 10/9/2012 - Ordinance No. 20456-10-2012 DATE: 10/9/2012 REFERENCE NO.: C-25915 LOG NAME* 8021 STCENTI2 NON- PUBLIC CODE C TYPE: CONSENT HEARING: NO SUBJECT: Authorize Execution of an Interlocal Agreement with Fort Worth Independent School District in the Amount of $106,300.00 for the City of Fort Worth to Operate the 21st Century Community Learning Center Program at Rosemont and Daggett Middle Schools and Adopt Appropriation Ordinance (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of an Interlocal Agreement with the Fort Worth Independent School District in the amount of $106,300.00 for the City of Fort Worth to operate the 21st Century Community Learning Center Program and provide after -school services at Rosemont and Daggett Middle Schools for the period of August 1 2012 through July 31, 2013; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $106,300.00. DISCUSSION: On August 8 2000 (M&C C-18183), September 21, 2004 (M&C C-20287) and October 20, 2009 (M&C C-23869), the City Council approved Interlocal Agreements with the Fort Worth Independent S chool District (FWISD) to provide after -school programming at Rosemont and Daggett Middle S chools. The purpose of this Mayor and Council Communication is to allow the City of Fort Worth (City) to continue providing this after -school programing at Rosemont and Daggett Middle Schools. The 21st Century Community Learning Center program provides academic enrichment programs and other activities designed to reinforce and complement the regular academic schedule of participating students. The program is funded by a grant to FWISD from the Texas Education Agency. S ince 2004, the City, through its Parks and Community Services Department, has been designated by FWISD to operate the Community Learning Centers at Rosemont and Daggett Middle Schools. The City is reimbursed from the grant funds based on actual expenditures, not budgeted amounts. The Agreement would be for a one-year period corresponding to the grant year, which runs from August 1, 2012 through July 31, 2013. The Agreement would allow for two renewal options of one- year each. The program is located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director 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 Fund. http://apps.cfwnet.org/council_packet/mc review. asp?ID=173 78&councildate=10/9/2012 12/26/2012 M&C Review Page 2 of 2 TO Fund/Account/Centers 2) GR76 488917 080449602020 2) GR76 5ZZZZZ 080449602010 2) GR76 5ZZZZZ 080449602020 2) GR76 488917 080449602010 $49.000.00 $57.300.00 $491000.00 $571300.00 Submitted for Citv Manager's Office bv: Oriainatina Department Head: Additional Information Contact: ATTACHMENTS 8021 STCENT12 A012 REVISED doc FROM Fund/Account/Centers 2) GR76 5ZZZZZ 080449602010 $57,300.00 2) GR76 5ZZZZZ 080449602020 $49.000.00 Susan Alanis (8180) Richard Zavala (5704) Sandra Youngblood (5755) http://apps. cfwnet.org/council jiacket/mc_review.asp?ID=173 78 &councildate=1 0/9/2012 12/26/2012