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HomeMy WebLinkAboutContract 44990 (2)CITY SECRETARY at/ C CONTRACT NO. % ?c) OINTERLOCAL AGREEMENT BETWEEN FORT WORTH INDEPENDENT SCHOOL DISTRICT AND THE CITY OF FORT WORTH This INTFjRLOCAL AGREEMENT ("Agreement") is made and entered into this the day of f-#-1JLz t , 2013 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; 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 Fort Worth City Secretary Contract 43996 (the "Coordinating Board Agreement"); WHEREAS, FWISD and City anticipate renewing the Coordinating Board Agreement to continue funding and operating the coordinating board and the after -school program for the 2013-2014 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 Parks and Community Services Department, to provide the after -school program at Como Elementary School; and 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 Parks and Community Services Department, may continue to provide the after -school program at Como Elementary School for the 2013-2014 school year. OFFICIAL RECORD CITY SECRETARY Interlocal Agreement For Como Elemer -ary eiltovji�• �: 311FX4 RECEIVED OCT 1 6 2013 Page 1 ors RECEIVED AUG =3 2 20iS 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 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 2013-2014 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 ' Goals of the After -School Program shall include, at a minimum* ➢ 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: 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. Interlocal Agreement with FWISD for Como Elementary School Year 2013-2014 Page 2 of 7 3. FUNDING. FWISD agrees to pay the City up to Fifty -One Thousand Twenty -Six Dollars and 00/100 ($51,026.00) 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 July 1, 2013, and ending on June 30, 2014 and shall cover the entire 2013-2014 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 term of this Agreement, the City Council fails to appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the City may terminate 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 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. This Agreement may be teiininated 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: If to City Susan Alanis Assistant City Manager City of Fort Worth If to FWISD Walter Dansby Superintendent Fort Worth Independent School District Interlocal Agreement with FWISD for Como Elementary School Year 2013-2014 Page 3 of 7 1000 Throckmorton St Fort Worth, Texas 76102 (817) 392-8180 With a copy to: City Attorney's Office City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 100 N. University Dr. Fort Worth, Texas 76107 (817) 871-2000 With a copy to: General Counsel's Office Fort Worth Independent School District 100 N. University Dr. Fort Worth, Texas 76107 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 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. 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 peimit 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 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. Interlocal Agreement with FWISD for Como Elementary School Year 2013-2014 Page 4 of 7 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 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 of emergency by the federal, state, county, or City government in accordance with applicable law; issuance of an Imminent Threat 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. If City cancels an event, FWISD will be entitled to refund of any prior fees paid to the City 16. APPLICABLE 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 he in Tarrant County, Texas or the Federal Court of the Northern District — Fort Worth Division Interlocal Agreement with FWISD for Como Elementary School Year 2013-2014 Page 5 of 7 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples in Fort Worth, Tarrant County, Texas this day of , 2013. CITY OF FORT WORTH By: kl-A4. Su an Alanis ssistant City Manager APPROVED AS TO FORM AND LEGALITY: AssistaCity Attorney ATE Ki -an aiti (Mary"J. Kayser City Secretary Contract Authorization M&C: C-26362 Date: July 23, 2013 d Svc Nor an Robbins cry 00 *Secretary, Board of Education oapQOA 4+ AS CeSr FORT WORTH INDEPENDENT SCHOOL DIS . RICT By: Walter Dans Superintend Attorney for Fort Worth Independent School District 1 Interlocal Agreement with FWISD for Como Elementary School Year 2013-2014 IOFFICIAL RECORD; CITY SECRETARY `. niWORTh,tX ;: Pabt€i•� irts eft s SI 106 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 Susan Alanis, 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. I5:4 GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 1 day of ('a usti sib , 2013. 1j,1 gmg: STATE OF TEXAS COUNTY OF TARRANT YI 1 ASV .1 i _r i 1 al 1 I.1 LINDA M. HIRRLINGER MY COMMISSION EXPIRES Fabruaty 2, 2014 I fs ti., a j4 �. ii k r 74, (MAL M Wain otary Public in and for the State o Texas BEFORE ME, the undersigned authority, a Notary Public in and for the State of , on this day personally appeared Walter Dansby, 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 .:? 54A day of coi-Q.,Atver , 2013. e� ems` • � . alb .•� '` 2•At ®•; a asinitentligfraa SSte‘t4V ic S(E. elit: • 1 AA* 434 • col • • ®r• "1 3 ••4441974:4499, "0060, / Notary Pciblic in and for the State of Texas Interlocal Agreement with FWISD for Como Elementary School Year 2013-2014 Page7of7 cI Como Kids After -School Budget The totals below reflect: Program dates — September 3, 2013 — May 15, 2014 (127 Days/Program Re -start on Jan 7, 2014) 50 Students 4 days a week (minimum) School dismissal - 6:00 pm Ratios - 15:1 Elementary 1 FWAS Supervisor—$19.20 /hr x 132 days x 5 hrs./day = e z; WAS Specialist - $ 12.00*t/hr x 128 days x 4 hrs./day = 1 1 eacher - $Zi .vo to x F ze ctuy . >1. t t*r/daay x 1 n% fringe= Supplies — Fine Arts (Partial Provider or Agency Provided) — Training — 16 hours x $19.2041/hr Training — 32 hours x $48.004f/hr = Administrative Nee 10%- Crand Total - Total - $12,672.00 $24,546 00 $2,957.00 $5,000 $8,000 $308 $1536 555,019.00 $5501.90 560,520.90 4 l{ r J_ti 1 CQJ _ `- C Lr4 jl__- 4 COL VICEIL ACTION: Approved on 7/23/2013 Fi DATE: TE: Tuesday, July 23, 2013 LOG NAME: SORIVISD13 ` tli B J EC1 n Authorize Execution of an Agreement with the Fort:'s forth Independent School District in the Amount Up to $51,026.00 for Operation of the Fort worth After School Program at Como Elementary School for the 2013 2014 School 'Year and Adopt Appropriation Ordinance (COUNCIL DISTRICT 3) it is recommended that the City Council: . . Authorize the execution of an Agreement with the Foci Worth Ineependent School District in the mount up to $5.1,06. c to provide the Fort t orth Mier School Program at Como Ei menta y School for the 2O i 3 2014 school year; and 2. Adopt pt the attached appropriation ordinance increasing estimated d receipts and appropriations in the Grants Fund in the amount up to $51,0 6.00. DP , :GSM: : On August 8, 2000, OM C 181 Q3) the City Council authorized an Agreement with the Fort Worth Independent School LHstrici (FWISD) for the creation of a coordinating board and operation of an after school program at selected RAMS schools to serve as a juvenile crime prevention measure. The Parks and Community Services Department 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 2 1 3° 2014 school year. The City will receive up to $51,026,00 for the program at the Como Elementary chool, Funds will be reimbursed based on actual expenditures and the Agreement term will run from July .1, 2013 through June 30, 2014 encompassing the entire 201 °2014 school year. This pr gr n i i -a located COM! yil_.. DISTRICT 3. FISCAL n[i1• FoRftrUATK�IN X \`n R rIHCATO011k2c The Financial Management Services Director erUifies that the Parks and Community Service Department is responsible for the collection and deposit of funds due to the City. FUND {tea E RI u t RS TO Fun /A C sour t ,C nt owi G R 6 488917 080449656000 $51.026.00 Furf-ild/ ©Gnu roU = nterr5 .Logname: , F\L D13 of 2 GR7G SXXXXX 080449656XXX $51.026.00 IERIAfC0 ` OuNS: brinfr xx for PA cis {, e2; l } f u oc by: data 1 ;t!it11V r n rtinfi nt Head: Addition fn lingfilormation Contact ATTACHMENTS `1. 8OFWISD13 Aa 13.doc (Public) T Susan AIanis (8180) Richard Zavala (5704) Sonia Singleton (5774) Low -tame: W r! 1 S 1. 3 Page 2 of 2 Ordinance No. AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE GRANTS FUND IN THE AMOUNT OF $51,026.00, SUBJECT TO RECEIPT OF A GRANT FROM THE FORT WORTH INDEPENDENT SCHOOL DISTRICT, FOR THE PURPOSE OF OPERATING THE FORT WORTH AFTER SCHOOL PROGRAM AT COMO ELEMENTARY FOR THE 2013-2014 SCHOOL YEAR; PROVIDING FOR A SEVERABILITY CLAUSE MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2012-2013 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Grants Fund in the amount of $51,026.00, subject to receipt of a grant from the Fort Worth Independent School District, for the purpose of operating the Fort Worth After School Program at Como Elementary for the 2013-2014 school year SECTION 2 That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance No. 20411-09-2012 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney ADOPTED AND EFFECTIVE: