HomeMy WebLinkAboutOrdinance 20595-01-2013 Ordinance No.20595-01-2013
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE JUVENILE CASE MANAGEMENT PROJECT SECTION
OF THE SPECIAL TRUST FUND IN THE AMOUNT OF $141,314.00, FROM
AVAILABLE FUNDS, FOR THE PURPOSE OF TRANSFERRING SAID FUNDS TO
THE GENERAL FUND TO OFFSET STAFFING COST ASSOCIATED WITH THE
SCHOOL ATTENDANCE COURT; 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
Juvenile Case Management Project section of the Special Trust Fund in the amount of$141,314.00, from
available funds, for the purpose of transferring said funds to the General Fund to offset staffing cost
associated with the School Attendance Court.
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of said prior ordinances and appropriations are hereby expressly repealed.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:
A s" sigtant City Attorney
ADOPTED AND EFFECTIVE: January 29,2013
ACTION AGENDA ITEM
BOARD MEETING
December 11,2012
TOPIC: APPROVE THE INTERLOCAL AGREEMENT COMPREHENSIVE
TRUANCY INTERVENTION PROGRAM BETWEEN THE CITY OF
FORT WORTH AND FORT WORTH INDEPENDENT SCHOOL
DISTRICT FOR THE 2012-2013 SCHOOL YEAR
BACKGROUND:
The Comprehensive Truancy Initiative Program (CTIP) is a collaborative effort between the Fort
Worth Independent School District, City of Fort Worth Municipal Courts, Fort Worth Police
Department, Tarrant County Juvenile Probation Department, and various mental health and
social service providers based in our community. One of the most significant portions of the
program is the School Attendance Court which has the ability to exclusively hear truancy cases
in a timely and relevant manner.
Original jurisdiction for Truancy cases fall to the 323`d District Family Court. However, the
volume and severity of Juvenile cases generally render Truancy cases a low priority in the
Family Courts. The Texas Family Code (TFC) Section 54.021 allows the transfer of these cases
to a Municipal Court. The City of Fort Worth agreed to establish a dedicated Municipal Court
that hears only Truancy Cases. This court is staffed by a full time Municipal Court Judge with
an extensive background and knowledge of Family Law and specifically School Attendance
Laws. This Judge has the full authority of the courts, which allows deferred adjudication. This
also allows the Judge the leeway to order students into counseling for substance abuse,anger
management, self esteem,job skills, grief counseling or mentoring programs; as well as provide
family counseling and parenting classes to the parents.
The Courts can also chart the student's progress over the course of the school year to monitor
their compliance. The Municipal Court has the ability to move beyond simply collecting fines,
and also has the ability to hear the cases in a timely and proficient manner. The Comprehensive
Truancy Intervention Program's Interlocal Agreement designates a judge and other support
personnel needed by the City to hear truancy cases in the School Attendance Court.
The City of Fort Worth's budgetary cost of the School Attendance Court for the 2012-2013
school year for FWISD is $379,606.00.
ALTERNATIVES:
I. Approve the Interlocal Agreement Comprehensive Truancy Intervention Program between
the City of Fort Worth and FWISD for the 2012-2013 school year.
2. Decline to approve the Interlocal Agreement Comprehensive Truancy Intervention Program
between the City of Fort Worth and FWISD for the 2012-2013 school year.
3. Remand to staff for further study. 1:t Et CLE i it t" �-7'
DEC t 2012
SUPERINTENDENT'S RECOMMENDATION:
Approve the Interlocal Agreement Comprehensive Truancy Intervention Program between the
City of Fort Worth and FWISD for the 2012-2013 school year.
FUNDING:
General Funds.
COST:
$379,606.00 includes shared expenses for salaries and benefits.
RATIONALE:
The School Attendance Court provides a designated court setting which ensures students a
timely referral for consistent and equitable disposition of their truancy cases while also
addressing contributing social causes of truancy. FWISD and the Tarrant County
Commissioner's Court are actively engaging in negotiations to establish a county-wide
cooperative court; such a court could not be logistically or physically operational during the
2012-2013 school year.
INFORMATION SOURCES:
Sherry Breed
Michael Steinert
Bertha Bailey Whatley
Danna Diaz
Barry Smith
97
STATE OF TEXAS §
COUNTY OF TARRANT §
INTERLOCAL AGREEMENT
This INTERLOCAL AGREEMENT("Agreement")is made and entered into this
the day of . 2012, 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 arc
deterrents to student opportunity and success;and
WHEREAS, early intervention in truancy behavior and referral to the court are
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 authorized and agreed 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 Fort 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;and
WHEREAS, FWISD historically reimbursed the CITY for the full cost of all
necessary court personnel,including the judge, marshals,and assistant court clerks;and
WHEREAS, in accordance with Article 102.0174 of the Texas Code of Criminal
Procedure, the Fort Worth City Council adopted an ordinance creating a juvenile case
manager fund and requiring defendants to pay a juvenile case manager fee as a cog of
court for offenses occurring on or after October 1, 2010,with such funds being available,
in accordance with Article 45.056 of the Texas Code of Criminal Procedure, to offset the
salary and benefit costs of assistant court clerks who assist the School Attendance Court
in administering its docket and supervising its court orders and who give priority to cases
brought under Sections 25.093 and 25.094 of the Texas Education Code and therefore
qualify as juvenile case managers;and
WHEREAS, due to current budgetary shortfalls, FWISD has requested a
reduction in court personnel, specifically two deputy marshals, and a reallocation of
benefit costs for all remaining personnel as well as costs for supplies associated with
operation of the court;and
WHEREAS, the CITY has determined that the juvenile case manager fund
contains sufficient monies to pay the salary and a portion of the benefit costs of one
assistant court clerk/juvenile case manager as well as a portion of the benefit costs of the
other two assistant court clerks/juvenile case managers;and
WHEREAS, the CITY and FWISD wish to execute a new agreement to continue
operation of the School Attendance Court for the 2012-2013 school year with reallocation
of the funding of certain personnel and supply costs and an associated adjustment of the
number of cases to be processed by the court-
NOW THEREFORE, in consideration of the mutual covenants herein expressed,
the parties agree as follows:
AGREEMENT
I 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.
2011-2012 School Attendance Court Contract Page 2 of I I
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 CCTV 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
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.
2011-2012 School Attendance Court Contract Page 3 of 11
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. FWISD shall pay, subject to the terms set out in Subsection 3(C), the
following staffing and operational costs associated with the operation and administration
of the School Attendance Court:
1. FWISD agrees to provide funding for the full salary and benefit costs of the
following essential courtroom personnel: a municipal court judge, and two
deputy city marshals. In addition, FWISD agrees to pay a portion of the
salary and all the benefit costs for the following essential courtroom
personnel, with the remainder of the salary being paid by the CITY: Senior
Human Services Specialist. The estimated salary and benefit costs for the
year for the listed personnel and the cost allocation as between the CITY
and FWISD are detailed in Exhibit "A," which is attached hereto and
incorporated herein for all purposes as though it were set forth at length.
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 benefit
costs for such personnel for the year are detailed in Exhibit"A."
3. FWISD shall provide certain supplies and other minor equipment as
determined by mutual agreement between the CITY and FWISD. 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 CITY computers, printers and other auxiliary
computer equipment. The allocation of the costs of supplies and equipment
as between the CITY and FWISD is reflected in Exhibit"A."
2011-2012 School Attendance Court Contract Page 4 of I I
4. CITY agrees to submit an invoice to FWISD on or before the 19th 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 calendar 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, 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 reach resolution
of the disputed charges shall be grounds for termination pursuant to Section
5 of this Agreement.
B. The CITY agrees to pay the following staffing and operational costs
associated with the operation and administration of the School Attendance Court:
I. CITY agrees to use monies from the Juvenile Case Manager Fund to pay the
full salary and benefit costs for one customer service representative and one
senior customer service representative. The CITY further agrees to use the
Juvenile Case Manager Fund to pay for a portion of the salary of one senior
human services specialist . All are assigned to work at the School
Attendance Court. The parties acknowledge that,effective October 1,2010,
certain defendants convicted in the CITY'S municipal court are required to
pay a juvenile case manager fee as a cost of court and that such fees are
deposited in a juvenile case manager fluid and used toward paying salary
and benefit costs of juvenile case managers. It is the opinion of the parties
that the customer service representative, senior customer service
representative, and senior human services specialist assigned to work at the
School Attendance Court qualify as juvenile case managers for purposes of
Articles 45.056 and 102.0174 of the Texas Code of Criminal Procedure.
The estimated salary and benefit costs for the year for the listed personnel
and the cost allocation as between the CITY and FWISD are detailed in
Exhibit"A."
2. CITY has determined that two deputy city marshals are required at the School
Attendance Court to provide for the safety of court personnel and the general public. The
estimated salary and benefit costs for the year for the listed personnel and the cost
allocation as between the CITY and FWISD are detailed in Exhibit"A."
3. CITY agrees to provide, at its cost, all necessary computers, printers and
other auxiliary computer equipment necessary for the operation of the Court,
as determined by the CITY, as well as other supplies and equipment as
determined by mutual agreement between the CITY and FWISD. The
allocation of the costs of supplies and equipment as between the CITY and
2011-2012 School Attendance Court Contract Page 5 of 1 I
FWISD is reflected in Exhibit "A," which is attached hereto and
incorporated herein.
C. CITY and FWISD agree all of the above personnel are necessary for the
smooth administration and operation of the Court in order to process a maximum of
1.,500 Failure to Attend student cases plus up to 1,500 associated Parent Contributing to
Non Attendance cases filed for the 2012-2013 school year. City and FWISD agree that
FWISD's agreed contribution toward the staffing and operational costs associated with
the administration of a maximum 1,500 Failure to Attend student cases plus up to 1,500
associated Parent Contributing to Non Attendance cases for the Court shall be
$379,606.00 for the 2012-2013 school year as set out in Exhibit"A." If FWISD elects to
file more than 3,000 cases total or more than 1,500 Failure to Attend student cases or
more than 1,500 associated Parent Contributing to Non Attendance cases for the 2012-
2013 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 May 31,of 2013.
D. FWISD and CITY agree that all contractual payments provided herein
compensate the CITY in accordance with the terms of this Agreement.
E. 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,
2012 and ending on June 30, 2013._This term mx he extended for multiple vears. based
upon tltr mutual a rcemcnt of the Cit% and the FUb ISQ.
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
2011-2012 School Attendance Court Contract Page 6 of 11
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 fuv
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 iG 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
furniture, 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
2011-2012 School Attendance Court Contract Page 7 of 11
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 QE 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
U.S. MAIL to the Assistant Superintendent in the month following the collection of such
fines.
IL KEVASF, OF STUDENT RFC
QRDS AND ORIER
DOCUNIENI- . 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. To the extent allowably under the CITY'S CoLm
(fit WAUS-10XV-S)". tht the LUIS[) with access to the
dig!gajfivn of all qgo filed-jn-jLe Student Attentimwe Court. l he FWISD agrees to
vwA lk CITY with jAoslL) th UISL)%,- Ntudm In orTkaii 5 -stzm in order to
as-Lt� otidgai atwWance mofik-s.
12. INDEPENDENT CONTRACTOR. CITY WWI 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 "I 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 Crff 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 wider low.
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
2011-2012 School Attendance Conn Contact Par 8 of 1 I
defense of any claims or litigation for which the CITY or FWISD may be responsible
hereunder.
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.
I7. 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.
2011-2012 School Attendance Court Contract Page 9 of I I
18. SQLE AGRE ENS EN This written instrment constitutes the entire
agreement by the parties hereto concerning the work and services to be performed and
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 terms
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
12012.
[SIGNATURES APPEAR ON NEXT PAGE]
2011-2012 School AmwWonce Carat Contract Par 10 of I 1
CITY OF FORT WORTH FORT WORTH INDEPENDENT
SCHOOL DIS,,MCT
B
By: , - 7Z -
Charles W.Daniels Superintendent,Fo
O
Assistant City MmnaM Independent School M�Z
By: j2v:�k
President I -
Board of FAhwation.
ATTEST: ATTEST:
By:
City Secretary Boat f Education
APPROVED AS TO FORM "PROVED AS TO FORM
AND LEGALITY: AND LEGALITY:
By: By:
or a2 ao�o
Assistant City Attorney Attg�rort
Independent Sc Distri t
2011-2012 School Altnulance Court Contract Page 1 I of I I
City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTION: Approved on 1/29/2013 - Ordinance No 20595-01-2013
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DATE: Tuesday, January 29, 2013 REFERENCE NO.: C-26077
LOG NAME: 38SAC2013
SUBJECT:
Authorize Execution of an Interlocal Agreement with the Fort Worth Independent School District for
Operation of the School Attendance Court in Fiscal Year 2012-2013, Authorize Acceptance of
Reimbursement from the Fort Worth Independent School District in the Amount of $379,606.00, Adopt
Appropriation Ordinance and Authorize Transfer in the Amount of $141,314.00 from the Special Trust Fund
to the General Fund (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of an Interlocal Agreement with the Fort Worth Independent School District for
an estimated amount of$572,826.00 for the City to provide a School Attendance Court to adjudicate
truancy cases filed by the Fort Worth Independent School District;
2. Authorize acceptance of reimbursement from the Fort Worth Independent School District for an
estimated amount of$379,606.00 for personnel and other costs related to the operational of the School
Attendance Court in Fiscal Year 2012-2013;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Special Trust Fund, Juvenile Case Manager Project in the amount of$141,314.00 from available funds;
and
4. Authorize the transfer in the amount of$141,314.00 from the Special Trust Fund, Juvenile Case
Manager Project to the General Fund.
DISCUSSION:
The Comprehensive Truancy Intervention Program is a joint effort of the Fort Worth Independent School
District (FWISD), the Tarrant County District Attorney's Office and the Fort Worth Municipal Court Services
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 (SAC) 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. The City and the School District have entered into a series of Interlocal Agreements to
outline the responsibilities of each party with respect to operation of the Attendance Court.
For Fiscal Year 2012-2013, the operational cost for SAC will be in the amount of$572,826.00, with
Logname: 38SAC2013 Page 1 of 3
reimbursement in the amount of$379,606.00 from FWISD. The proposed Agreement for 2012-2013
provides that:
1. The Attendance Court established under the Fort Worth Municipal Court will have primary jurisdiction
over all FWISD student truancy cases for FWISD students residing within the City;
2. Using money from the Juvenile Case Manager Fund that was established in accordance with (M&C
G-17018) and Ordinance 19274-08-2010, the City will pay the full salary and part of the benefits for one
Customer Service Representative (CSR), one Senior CSR, and half of the salary for one Senior Human
Services Specialist;
3. The budget will be reduced by one deputy marshal position;
4. FWISD will fund all other costs associated with the operation of the School Attendance Court;
5. Any fines collected from truancy violations will be allocated between the FWISD and the City in
accordance with state law;
6. 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 SAC proceedings and related
activities and shall provide court personnel access to the facilities being provided; and
7. The initial term of this Agreement is for a period beginning on October 1, 2012 and ending June 30,
2013 to end in conjunction with the FWISD budget year. This term may be extended for multiple years
based upon mutual Agreement of the City and the FWISD. The cost included here is equivalent to 12
months of operation to coincide with the City's Fiscal Year 2013 adopted budget.
Historically, FWISD has reimbursed the City for all personnel and non-computer operational costs
associated with implementation and operation of the SAC. However, due to financial pressures on the
FWISD budget, Staff and FWISD staff have worked together in an effort to reduce and reallocate costs,
and to ensure the continued operation of the dedicated SAC.
Under the revised operational model for Fiscal Year 2012, FWISD reimbursed the amount of$458,398.00
of the total cost in the amount of $650,652.00. The unreimbursed cost totaled in the amount of
$209,443.00. Of this amount, $56,604.33.00 was paid from the Juvenile Case Manager Fund, which is
generated by a fee paid on misdemeanor convictions in Municipal Court and can be used to pay the salary
and benefits for individuals who work on truancy cases. This amount covered the salary cost of one CSR
and part of the benefit costs for this CSR as well as the other two juvenile case manager/clerk positions
(the remaining benefit and salary costs were included in the FWISD reimbursement amount). A funding
gap of$123,764.50 was absorbed by the General Fund and included partial benefit costs for the assigned
judge and three deputy marshals as well as full salary and benefits for a fourth deputy marshal, whose
presence is necessary to provide for the safe operation of the court.
Under the revised operational model for Fiscal Year 2013, FWISD will reimburse $379,606.00 of the total
cost in the amount of$572,826.00. The unreimbursed cost total in the amount of$193,220.00. Of this
amount, $141,314.00 will be paid from the Juvenile Case Manager Fund. This amount will cover the
salary and part of the benefit costs of three juvenile case manager/clerk positions (the remaining benefit
and salary costs are included in FWISD's reimbursement amount).
As a result of the reduced and reallocated staffing, FWISD has agreed to a reduction in the maximum
number of cases that can be filed -from 4,000 to 3,000. As in previous year's Agreements, if FWISD
wishes to file cases in excess of this cap, the district will be required to provide additional reimbursement
at a rate of one percent of the adopted budget per 100 additional cases.
Logname: 38SAC2013 Page 2 of 3
The Interlocal Agreement was approved by FWISD's School Board on December 11, 2012.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Special Trust Fund and the General Fund. The Municipal Court Services
Department will be responsible for the collection and deposit of funds due to the City.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
2) GG01 431120 0381000 $379,606.00 1) GG01 5VARIOUS 0381010 $572,826.00
3) FE72 538070 038535020000 $141,314.00 4) FE72 538070 038535020000 $141,314.00
4) GG01 472702 0381000 $141,314.00
3) FE72 431028 038535020000 $141,314.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Charles Daniels (6199)
Originating Department Head: Deidra Emerson (6711)
Additional Information Contact: William Rumuly (6736)
Lognarne: 38SAC2013 Page 3 of 3