HomeMy WebLinkAboutContract 56607 CSC No. 56607
INTERLOCAL AGREEMENT BETWEEN
THE FORT WORTH INDEPENDENT SCHOOL DISTRICT
AND THE CITY OF FORT WORTH
This Interlocal 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 Worth Independent School District,a political subdivision of the State of Texas
and a legally constituted Independent School District located within Tarrant County, Texas
("FWISD"). City and FWISD may be collectively referred to as the "Parties" or individually as a
"Party."
WHEREAS, 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 goverment entities;
WHEREAS, fbr more than a decade, the FWISD and City have entercd 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 City Secretary Contract No. 55386 approved by the Fort Worth City
Council on August 11, 2020 as Mayor and Council Communication M&C 20-0523 (the
"Coordinating Board Agreement");
WHEREAS,FWISD and City anticipate executing a new Coordinating Board Agreementto
continue funding and operating the coordinating board and the after-school program for the 2021-
2022 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 Neighborhood 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 Neighborhood Services Department,may continue
to provide the after-school program at Como Elementary School for the 2021-2022 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 designation by the Coordinating Board under the Coordinating Board
Agrcement, the City and FWISD agree that:
Interlocal Agreement FW ISD COMO After School 2021-22 Page I of 7
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
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 goveming the 2021-2022 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-bascd after-school programs
in a safe environment that result in educational,physical,and social development for elementary
and middle school aged children,"
(a) Goals of the After-School Program shall include, at aminimum:
i. To provide homework assistance, tutorial, and relevant educational
programs;
ii. 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
iii. To ensurc 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 in an amount not to exceed Eighty-Nine
Thousand, Five Hundred Seven Dollars and 00/100 (S89,507.00)to fund the operation of the
After-School Program at Como Elementary School. The allocations by funding source are from
the Fort Worth After-School Full Service Provider General Fund in the amount of$39,507.00,
and from the Rainwater Charitable Foundation in the amount of$50,000.00. 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 itemized
reimbursement requests to 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 written itemized request.
(c) Pursuant to Section 79 1.01 1 of the Interlocal Cooperation Act,each Party paying
Interlocal Agreement FWISD CON40 After School 2021-22 Page 2 of 7
for performance of governmental functions or services must make those payments from current
revenues available to the paying Party.
4. TERM. The term of this Agreement is for a one-year period,effective beginning
on July 1, 2021, and ending on June 30, 2022 and shall cover the entire 202 1-2022 school year.
5. NON-APPROPRIATION OF FUNDS. If, for any reason,at any time during any
term 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
FW ISD Board for the purposes set forth in this Agreement.
6. 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 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:
11'to city: I f to I:W 1SD:
Fernando Dr. Kent Paredes Scribner
Costa Superintendent
Assistant City Manager Fort Worth Independent School
City of Fort Worth District 100 N. University Dr,
200 Texas Street Fort Worth, Texas 76107
Fort Worth, Texas (817) 871-2000
76102 (817) 392-8180
With a cony to: With a couv to:
City Attorney's Office Office of Legal Services
City of Fort Worth 100 N. University Drive
200 Texas Street Fort Worth,Texas 76107
Fort Worth,Texas 76102
Interlocal Agreement FWISD COMO After School 2021-22 Page 3 of 7
8. INDI=P[?N[)FN'1' CONTRACTOR. City shall operate hereunder 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
nor 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. NONDISCRIMINATION.
(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 oftheir 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. 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, 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 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.
12. NOTICE OF CLMN/IS. 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.
Interlocal Agreement FW IS D COMO After School 2021-22 Page 4 of 7
13. EFFECT ON THIRD PARTIES.
(a) 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
P arty.
(b) 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. 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 ofself-insured status as requested byFWISD.
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.
16. APPLICABLE LAW AND VENUL.
(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 lie in Tarrant County, Texas or the Federal Court of the Northern District of Texas
- Fort 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.
19. ENTIRE AGREEMENT. This written instrument constitutes the entire
understanding of the Parties hereto concerning the work and services to be performed. Any prior or
contemporaneous oral or written agreement that purports to vary from the terms hereof shall be void.
Interlocal Agreement FWISD COMO After School2021-22 Page 5 of
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 here have executed this Agreement in multiples in Fort
Worth, Tarrant County, Texas t h i s day of 2021.
CITY OF FORT WORTH FORT WORTH INDEP%NDENT
SCHOOL DIS
7 cz--
ernando Costa(Nov 4,202114:00 CDT)
By: _ _
Fernando Costa Tobi Jack n
Assistant City Manager Board silent
Dr. ent P des Scri
Superintendent
APPROVED AS TO FORM
AND LEGALITY:
Taylor Paris 4AIcxzcrAthanason
Assistant City Attorney Staff Attorney
ATTEST:
Ron Gonzales Aar FORT �d Carin Evans
�
Acting City Secretary p o°°° °°°�
° 0 Secretary,Board of Education
° °%0-rld0
pvo o=d
° °
CONTRACT �a"f°°° ,o
M&C 2AUTH01 4R-0664 ION: nEXASaa0000 p
Date: September 14. 2021
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Interlocal Agreement FWISD COMO After School 2021-22 Page 6 of 7
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 F a o to nt City Manager, known to me to be the
person whose name is subscribe h for o g nst ment, and acknowledged to me that the
same as the act of the,City of Fort or t t cuted 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.
GIVEN UNDER MY HAND AND SEAL. OF OFFICE, this day of
— ,2021.
Notary Public in and for the State of Texas
STATE OF TEXAS
COUNTY OFTARRANT
BEFORE ME, the undersigned authority, a Notary Public in and For the State of Texas, on
this day personally appeared Dr. Kent Paredes Scribner, 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 on do
t in pressed, as the act and deed of the Fort
Worth Independent School Di t, h acl therein stated as its authorized officer or
representative.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
2021.
Notary Public in and for the State of Texas
Contract Compliance Manager:
By signing below, [ acknowledge that I am the person responsible for the monitoring and
administration of this contract,including all performance and reporting requirements.
f'L &-i
Sonia Snglet (Novo,202111:03 CDT)
Sonia Singleton
Assistant Director, Neighborhood Services
Interlocal Agreeirent FW ISD COMO After School 2021-22 Page 7 of7
M&C Review
Official
CITY COUNCIL AGENDA FORT '4'ORfll
DATE: 9/14/2021 REFERENCE **M&C 21- LOG NAME: 19FWASCOMO 2021-
N O.: 0664 2022
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 3) Authorize Execution of Agreement with the Fort Worth Independent School
District in an Amount Up to $89,507.00 for Operation of the Fort Worth After-School
Program at Como Community Center for the 2021-2022 School Year and Adopt
Attached Appropriation Ordinance
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 $89,507.00 for operation of the Fort Worth After-School Program at Como
Community Center for the 2021-2022 school year; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Grants Operating Other Fund in the amount of $89,507.00, 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 of Fort Worth (City) has been operating this
program at the Como Community Center site since 2000.
Both the City and FWISD wish to continue this arrangement for the 2021-2022 school year.
The City will receive up to $89,507.00 for the program at the Como Community Center. Funds will
be reimbursed based on actual expenditures, and the agreement term will run from July 1, 2021
through June 30, 2022, encompassing the entire 2021-2022 school year. The contract with FWISD
does not allow indirect costs for this program. This program is located in COUNCIL DISTRICT 3.
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, in the Grants Operating Other Fund. The Neighborhood Services Department (and
Financial Management Services) will be responsible for the collection and deposit of funds due to
the City. Prior to an expenditure being incurred, the Neighborhood Services Department has
the responsibility to validate the availability of funds. This is a reimbursement grant.
TO
Fund Department Account Pro e� ct Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=29212&councildate=9/14/2021[11/3/2021 11:44:46 AM]
M&C Review
FROM
Fund Department Account Project Program I Activity Budget Reference# Amount
ID ID Year I (Chartfield 2)
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Victor Turner (8187)
Additional Information Contact: Monique Hill (5775)
ATTACHMENTS
19FWASCOMO 2021-2022 21003.docx
http://apps.cfwnet.org/council_packet/mc review.asp?ID=29212&councildate=9/14/2021[11/3/2021 11:44:46 AM]