HomeMy WebLinkAboutContract 55386 CSC No. 55386
1NTERLOCAt.AGREEMENT BETWEEN
TI IF,FORT WORTH INDEPENDENT SCI TOOL DISTRICT
AND THE CITY OF PORT WORTH
This Interloeal Agreement("Agreement")is made and entered into by and between the City
of Fort Worth, a home rule municipal corporation of the State of Texas ("City"), and the Board of
Trustees of the Fort Wotlh Independent School District,a political subdivision of the State of Texas
and a legally constituted Independent School District located within Tarrant County, Texas
WHMREAS,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 Interloeal 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
Interloeal Agreements for the creation and operation of a Coordinating Board to oversee and operate
after-school programs at selected FWISD schools as a,juvenile crime prevention measure,with the
most recent agreement being City Secretary Contract No. 53364 approved by the Fort Worth City
Council on August 27, 2019 as Mayor and Council Conn onication M&C 19-0076 (the
"Coordinating Board Agreement");
WHEREAS,FWISD and City anticipate executing a new Coordinating Board Agreement to
continue funding and operating the coordinating board and the after-school program for the 2020-
2021 school year;
WHEREAS,for stveral years,the Coordinating Board,pursuant to its powers and the terms
of the Coordinating Board Agreement, has designated the City, through its Neighborhood Services
Department,to provide the after-school program at Como Elementary School;
WHEREAS, the FW18➢, on behalf of the Coordinating Board, and the City wish to enter
into a new agreement so that the City,through its Neighborhood Services Department,may continue
to provide the after-schoul program at Como Elementary School for the 2020-2021 school year.
NOW THEREFORE, in consideration of the mutual covenants herein expressed,the City,
acting by and through its duly authorized Assistant City Manager,and FWISD,acting by and through
its duly authorized superintendent,do hereby covenant and agree as follows:
Pursuant to the dosignation by the Coordinating Roard under the Coordinating Board
Agreement, the City and FWISD agree that:
Interloeal Agreement FWISD COMO AfterSohool 2020-21 Page 1 of
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
1. ti(.;)L% OF 4UMICTN. The City will implement and operate the after-school
program at Como Elementary School pursuant to the tertns of the Coordinating Board Agreement
governing the 2020-2021 school year, The Coordinating Board, as authorized under the
Coordinating Board Agreement,sbal l oversee the implementation and operation of said programs.
2. GUAI,S ANI:).MI. SI()N S'I'A:l'fM1sN'I',The mission of The After-Scltool Program
at Coma 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 agod children."
(a) Goals of the After-School Program shall include,at aminimum;
L To provide homework assistance,tutorial,and relevant educational programs;
I To improve the awareness of the importance of learning;
iii. To reduce the level of truancy;
iv, To address the students'physical needs;
V. To provide activities that promote social development;
vi, To reduce juvenile arrests;and
vii. To reduce juvenile victims of crimes during the target hours.
(b) Operational Imperatives are:
I. To establish program goals and objectives that are measurable and result in desired
outcomes through a scientific evaluation process;
ii. To ensure that program participants achieve improvement in core program outcomes
through an accountable system of measurement;and
Ill. 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,
(a) )FWISD agrees to pay the City up to One Hundred Forty--Nine Thousand,Eight
Hundred Seventy-Eight Dollars and 00/100($149,878,00) to fund the operation of the After-
School program at Como Elementary School.The allocations by funding source are from the port
Worth After-School Full Service Provider General Fund in the amount of$39,508.00,and from the
Rainwater Charitable Foundation in the amount of$110,370.00.FWISD covenants and agrees that
the funding for this Agreement shall not include any money originating from the City,including,but
not limited to,funds from the City's Crime Control and Prevention District.
(b) To receive funds under this Agreement,the City must submit written reimbursement
requests to the FWISD in a manner and form agreed to by the parties.FWISD agrees to reimburse
the City for all allowable expenses set forth in such reimbursement requests within thirty(30)days
after receipt of the request.
(o) Pursuant to Section 791.011 of the Interlocal Cooperation Act,each party paying for
performance of governmental functions or services must make those payments from cutnent revenues
available to the payingparty,
Interlocal Agreement F W1SD COMO AftcrSchool 2020-21 Page 2 of 7
4. TERM. The term of this Agreement is for a one-year period,effective beginning oil
July 1,2020,and ending on June 30,2021 and shall cover the entire 2020-2021 school year.
S. NON-A11P1WPRlA'1'LQN-lUUNDS. If, for any reason, at any tit-no during any
terns of this Agreement, FWISD fails to appropriate funds sufficient for FWISD to fulfill its
obligations under this Agreement,FWISD may terminate this Agreement to be effective on the later
of (i) thirty (30) days following delivery by FWISD to the City of written notice of FWISD's
intention to terminate;or(ii)the last date for which funding has been appropriated by FWISD Board
for the purposes set forth in this Agreement.
E. ;f IL�VTINAnQN O AU1tl+L N"1'.
(a) If the City or the FWISD fails, for any reason, to perform any provision of this
Agreement,this Agreement may be terminated if the default continues for a period of thirty(30)days
after the notifying party notifies the defaulting party in writing of the default and its intention to
declare this Agreement terminated.If the defaulting party does not cure or correct such breach within
the thirty (30) day period, the notifying party shall have the right to declare this Agreement
immediately terminated and neither party shall have further responsibility or liability hereunder.
(b) This Agreement may be terminated by either party, in whole or in part, at any time
with or without a reason,upon written notice to the other party. Such written notice shall specify to
what extent the worts under the Agreement is being terminated and the effective date oftermination.
7. NOTICES,Notices to be provided hereunder shall he 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 panty shown below:
if to City: If to V WISM
Fernando Costa Dr.Kent Paredes Scribner
Assistant City Manager Superintendent
City of Fort Worth Fort Worth Independent School District
200 Texas Street 100 N. University Dr.
Fort Worth, Texas 76102 Fort Worth,Texas 76107
(917)392-8180 (817)871-2000
With a clam to: Witty g copy-to:
City Attorney's Office General Counsel's Office
City of Fort Worth Fort Worth Independent School District
200 Texas Street 100 N.University Dr.
Fort Worth,Texas 76102 Fort Worth,Texas 76107
liiterlocal Agreement FWISD COMO AfterSchool 2020-21 Page 3 of 7
8. IN131:s!'I:Nt]I, "I:(;(lN't't2A( ['Old. City shall operate beirunder as an independent
contractor and not as an officer,agent,servant or employee of the FWISD.City shall have exclusive
control of and the exclusive right to control the work designated to the City to be performed
hereunder, and all persons performing the same, and shall be solely responsible for the acts and
omissions of its officers, members, agents,servants,and employees. Neither City uor FWISD shall
be responsible under the doctrine of respondent 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. NONDItiC':LtlA+INATIMN,
(a) Neither the City nor FWISD nor any of their respective officers, members, agents,
servants, employees, program participants, or subcontractors, while engaged in performing this
Agreement, shall in connection with the employment, advancement, or discharge of employees, or
in connection with the terms, conditions or privileges of their employment, discriminate against
persons because of their age,except on the basis of a bona fide occupational qualification,retirement
plan,or statutory requirement.
(b) The City and FWISD agree that, in the execution, performance, or attempted
performance of this Agreement,they will not discriminate against any person or persons because of
gender,race,religion, color,sexual orientation or national origin,nor will FWISD or the City permit
its officers, agents, servants, employees,subcontractors, or program participants to engage in such
discrimination.
10. SJ;Vl-,RABlL[7'X, The previsions of this Agreement are severable and if for any
reason a olatise,sentence,paragraph or other part of this A greenient shall be determined to be invalid
by a court,a federal or state agency, or a board or a commission having jurisdiction over the subject
matter thereof,such invalidity,shall not affect other provisions which can be given effect without the
invalid provision.
11. WAIVER QF.DH.F'A0UI'.No waiver,by the parties hereto of any default or broach
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 relinqu ishnrent to any extent of any other breach of the
same or any other term,condition,provision,or covenant contained herein or the right of the parties
to assert or rely upon any such term.
12, Na[ICE Old 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. EYFFl'I'ON TI11i t'ARTIES.
(a) Nothing herein shall be deemed to constitute a waiver of any immunity or affirmative
Interlocal Agreement FWISD COMO AfterSchool 2020-21 Page 4 of 7
defense,which may be asserted by FW1SD or the City as to any claim of any third party.
(b) Nothing herein shall be construed in any tnaaner, to create a cause of action for the
benefit of any person not a party to this Agreement, or to create any rights far the benefit of any
person not a party to this Agreemeut not otherwise existing at law.
14. I_NSUIJ AMC_I?.The City is a governmental entity under the laws of the state of Texas
and pursuant to Chapter 2259 of the Texas Government Code, entitled "Self-Insurance by
Governmental Units," is self-insured and therefore is not required to purchase insurance.City will
provide a letter of self insured status as requested byFWISD.
15, VC)RC MAJBLjRh,, If either Party is unable, either in whole or part, to fulfill its
obligations under this Agreement due to acts of Clod; strikes, lockouts, or other industrial
disturbances;acts of public enemies;wars; blockade 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 opcoitag 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.
16. M-111I_.ICAi31..1�,l..A AND VENUE.
(a) This contract shall be construed its accordance with the laws of the State of Texas.
(b) Should any action, whether real or asserted, at law or in equity, arise Gut of the
execution,performance,attempted performance, or non-performance of this Agreement,venue for
said action shall lie in Tarrant County,Texas or the Federal Court of the Northern District of Texas
-Foti Worth Division.
17, HEADINGS.Headings and titles used in this Agreement are for reference purposes
only and shall not be deemed a part of this Agreement.
18. 1;N lll1-._ ACiRIs1:M1:NT. This written instrument wnstitutes 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. &MI NDMII N'I'. 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 exeoutod by the parties hereto.
Interlocal Agreement FW1SD COMO AfterSchool 2020-21 Page 5 of 7
IN WITNESS WHEREOF,the parties here have executed this Agreement in multipies in rort Worth,
Tarrant County,Texas this December 3rd of 2020,
CITY Ole'FORT WORTH PORTWO t'HINDEPENDiENT
SCHOOL IS ' CJ'
Byr la(rcb2,102115:22CST) Hy:
Fernando Costa D Par'ties Abner
Assistant City Manager Suparin aide t
APPROVED AS TO FORM
AND LEGALITY:
Taylor Paris Ate tinder Athanasen
Assistant City Attorney Attorney, Representing Fort Worth ISD
ATTEST: p� *.0,
FORp4;1 �
0
pC)g0 �it�G .t ��4ClQILd2 November 10,2020
o 0
0
Mary J. Kayser �� '0 Anael Luebanos
City Secretary � Zj nEXASoad Secretary,Board of Education
CONTRACT / /
AUTHORIZATION: /�
M&C:20-0523 Z6
Date:August 11, 2020
\I �fu ling Date.
-1-opui) Snpa ill1v dvnl —11�
CONTRACT COMPLIANCE MANAGER
By signing I acknowledge that I am the person responsible for the
monitoring and administration of this contract,Including ensuring all
performance and reporting requirements.
Rhonda Hinz \
Sr.Administrative'-ervices Manager /
V
Interlocal Agreement FWISD COMA AfterSultool 2020-21 Page 6 of 7
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Form Version July 2020
CONSENT AGENDA ITEM
BOARD MEETING
November 10,2020
TOPIC: APPROVE INTERLOCAL AGREEMENT BETWEEN CITY OF FORT
WORTH AND FORT WORTH INDEPENDENT SCHOOL DISTRICT FOR
CITY PROVIDED AFTER-SCHOOL SERVICES AT THE LEADERSHIP
ACADEMY AT COMO ELEMENTARY FOR SCHOOL YEAR 2020-2021
BACKGROUND:
A contractual relationship exists between the District and each of the community agencies and
organizations that provide programs and services through the Fort Worth After-Schoot program.
To establish the City as a program provider at Leadership Academy at Como Elementary School,
an agreement was written which outlines the respective and mutual responsibilities of the District
and the City in the funding and administration of the after-school program at this site. Funds for
these services have been budgeted,committed and approved at the May 26,2020 Board Meeting.
Copies of the agreement are attached. This is a renewal of the agreement.
STRATEGIC GOAL:
I —Increase Student Achievement
ALTERNATIVES:
I. Approve Interlocal Agreement Between. City of Fort Worth and Fort Worth Independent
School District for City Provided After-School Services at the Leadership Academy at Como
Elementary for School Year 2020-2021
2. Decline to Approve Interlocal Agreement Between City of Fort Worth and Fort Worth
Independent School District for City Provided After-School Services at the Leadership
Academy at Como Elementary School for School Year 2020-2021
3. Remand to staff for further study
SUPERINTENDENT'S RECOMMENDATION:
Approve Interlocal Agreement Between City of Fort Worth and Fort Worth Independent School
District for City Provided After-School Services at the Leadership Academy at Como Elementary
for School Year 2020-2021
FUNDING SOURCE Additional Details
No Cost Not Applicable
Norm Version July 2020
COST:
Not applicable
VENDOR:
City of Fort Worth-Neighborhood Services
PURCHASING MECHANISM
InterlocaI Agreement
Purchasing Support Documents Needed:
r Bid—Bid Summary/Evaluation
s Inter-Local(IL)—Price Quote and IL Contract Summary Required
s Sole Source--Price Quote and Notarized FWISD Sole Source Affidavit
e Emergency--Price Quote and Emergency Affidavit
PARTICIPATING SCHOOLMEPARTMENTS
Leadership Academy at Como Elementary
RATIONALE;
This agreement establishes a service provision agreement between the District and the City to
provide an after school program and services to students at Como ES for the 2020-2021 school
year.
INFORMATION SOURCE:
David Saenz
M&C Review
City Council Agenda iEe"
DATE: 8/27/2019REFERENCE **M&C 19- LOG NAME: 19FWASCOMO 2019-
NO.: 0076 2020
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of Agreement with the Fort Worth Independent School District in an
Amount Up to $176,438.00 for Operation of the Fort Worth After-School Program at Como
Elementary School for the 2019-2020 School Year and Adopt Appropriation Ordinance
(COUNCIL DISTRICT 3)
RECOMMENDATION:
It is recommended that the City Council:
1.Authorize the execution of an Agreement with the Fort Worth Independent School District in an amount
UP to$176,438.00 to provide the Fort Worth After-School Program at Como Elementary School for the
2019-2020 school year; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Operating Other Fund in the amount of$176,438.00, subject to receipt of the grant.
DISCUSSION:
On August 8, 2000, Mayor and Council Communication(M&C C-18183)the City Council authorized an
Agreement with the Fort Worth Independent School District(FWISD)for the creation of a coordinating
board and operation of an after-school program at selected FWISD schools to serve as a juvenile crime
prevention measure. The City has been operating this program at the Como Elementary School site since
2000.
Both the City and FWISD wish to continue this arrangement for the.2019-2020 school year.
The City will receive up to$176,438.00 for the program at the Como Elementary School. Funds will be
reimbursed based on actual expenditures, and the Agreement term will run from July 1,2019 through June
30, 2020, encompassing the entire 2019-2020 school year. The contract with FWISD does not allow
indirect costs for this program.
This program is located in COUNCIL DISTRICT 3.
This contract will be with a governmental entity, state agency or public institution of higher education:
(Fort Worth Independent School District).
A Form 1295 is not required for this contract because: This contract will be with a governmental entity,
state agency or public institution of higher education: Fort Worth Independent School District
FISCAL INFORMATION/CERTIFICATION-
The Director of Finance certifies that upon approval of.the above recommendations,receipt of the grant
and adoption of the attached appropriation ordinance,funds will be available in the current operating
budget,as appropriated, of the Grants Operating Other Fund.This is a reimbursement grant.
file:///C/...of%20Fort%20Worth/Documents/Accounting/COMO%20FWAS/102920%20(20-21)/M&C%20Review_fileslM&C°/a20Review.htm[2f2/2021 2:26:53 PW
M&C Review
TO
Fund Department Account Project PrograinActivityBudget Reference# Amount
11D ID Year (Chartfield 2)
FROM
Fund Department Account Project ProgramActivityBudget Reference 4 Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by:. Fernando Costa(6122)
Originating Department Head:_ Sonia Singleton (5774)
Additional Information Contact: Monique Hill (5775)
ATTACHMENTS
19FWASCOMQ2019-2020 AO.doex
Signature: Signature:
Email: allison.tidwell@fortworthtexas.gov Email: Vania.Sota@fortworthtexas.gov
file:///C/...oP/o20Fort%20Worth/Documents/Accounting/COMO%20FWAS/102920°/a20(20-21)/M&C%20Review_files/M&C%20Review.htmf2/2/2021 2:26:53 PMl
3/11/2021 M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORTTII
DATE: 8/11/2020 REFERENCE **M&C 20- LOG NAME: 1920FWASCOMO 2020-
NO.: 0523 2021
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT. Authorize Execution of Agreement with the Fort Worth Independent School District in an
Amount Up to $149,878.00 for Operation of the Fort Worth After-School Program at
Como Elementary School for the 2020-2021 School Year and Adopt Appropriation
Ordinance (COUNCIL DISTRICT 3)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of an Agreement with the Fort Worth Independent School District in an
amount up to $149,878.00 for operation of the Fort Worth After-School Program at Como Elementary
School for the 2020-2021 school year; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Operating Other Fund in the amount of$149,878.00, subject to receipt of the grant.
DISCUSSION:
On August 8, 2000, Mayor and Council Communication (M&C C-18183)the City Council authorized
an Agreement with the Fort Worth Independent School District (FWISD)for the creation of a
coordinating board and operation of an after-school program at selected FWISD schools to serve as
a juvenile crime prevention measure. The City has been operating this program at the Como
Elementary School site since 2000.
Both the City and FWISD wish to continue this arrangement for the 2020-2021 school year.
The City will receive up to $149,878.00 for the program at the Como Elementary School. Funds will
be reimbursed based on actual expenditures, and the Agreement term will run from July 1, 2020
through June 30, 2021, encompassing the entire 2020-2021 school year. The contract with FWISD
does not allow indirect costs for this program.
This program is located in COUNCIL DISTRICT 3.
This contract will be with a governmental entity, state agency or public institution of higher education:
(Fort Worth Independent School District).
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of
the attached appropriation ordinance, funds will be available in the current operating budget, as
appropriated, of the Grants Operating Other Fund. The Neighborhood Services Department has the
responsibility to validate the availability of funds prior to an expenditure being made and will be
responsible for the collection and deposit of funds due to the City. This is a reimbursement grant.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID I I ID I I I Year Chartfield 2
apps.cfwnet.org/council_packet/mc_review.asp?I D=28092&councildate=8/11/2020 1/2
3/11/2021 M&C Review
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID I I ID I I Year Chartfield 2
Submitted for City Manager's Office by_ Fernando Costa (6122)
Originating Department Head: Victor Turner(8187)
Additional Information Contact: Victor Turner(8187)
ATTACHMENTS
1920FWASCOMO 2020-2021 REC 2.docx
apps.cfwnet.org/council_packet/mc_review.asp?I D=28092&councildate=8/11/2020 2/2