HomeMy WebLinkAboutContract 58880CSC No. 58880
CONSENT AGENDA ITEM
BOARD MEETING
December 13, 2022
TOPIC: APPROVE INTERLOCAL AGREEMENT BETWEEN FORT WORTH
INDEPENDENT SCHOOL DISTRICT AND THE CITY OF FORT WORTH
TO PROVIDE AFTER -SCHOOL SERVICES AT THE LEADERSHIP
ACADEMY AT COMO ELEMENTARY SCHOOL FOR THE SCHOOL
YEAR 2022 - 2023
BACKGROUND:
Fort Worth ISD (the District) has maintained a long-standing contractual relationship with each
of the community agencies and organizations that provide programs and services through the
Fort Worth After -School program. This is a renewal of the agreement that established the City
of Fort Worth (the City) as the program provider at the Leadership Academy at Como
Elementary School. The agreement 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 and committed.
STRATEGIC GOAL:
1 - Increase Student Achievement
ALTERNATIVES:
1. Approve Interlocal Agreement Between Fort Worth Independent School District and the
City of Fort Worth to Provide After -School Services at The Leadership Academy at Como
Elementary School for the School Year 2022 - 2023
2. Decline to Approve Interlocal Agreement Between Fort Worth Independent School District
and the City of Fort Worth to Provide After -School Services at The Leadership Academy at
Como Elementary School for the School Year 2022 - 2023
Remand to Staff for Further Study
SUPERINTENDENT'S RECOMMENDATION:
Approve Interlocal Agreement Between Fort Worth Independent School District and the
City of Fort Worth to Provide After -School Services at The Leadership Academy at Como
Elementary School for the School Year 2022 - 2023
FUNDING SOURCES: Additional Details
General Fund 199-61-6299-OFN-117-30-395-000000..................$39,507
Special Revenue 498-61-6299-LDA-117-24-409-000000-21L89......... $40,000
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
COST:
$79,507 (Funds approved by the Board of Education on July 26, 2022.)
VENDOR:
City of Fort Worth — Neighborhood Services
PURCHASING MECHANISM:
Interlocal Agreement
Purchasing Support Documents Needed:
Solicitation - Bid Summary / Evaluation
PARTICIPATING SCHOOL(S)/DEPARTMENT(S)/EDUCATIONAL ENTITY:
The Leadership Academy at Como Elementary School
RATIONALE:
This service provision agreement between Fort Worth ISD and the City of Fort Worth provides
for continuation of an afterschool program and services to students at The Leadership Academy
at Como Elementary School for the 2022 - 2023 school year.
INFORMATION SOURCE:
Cherie Washington
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").
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 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 City Secretary Contract No. 56607 approved by the Fort Worth City
Council on September 14, 2021 as Mayor and Council Communication M&C 21-0684 (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 2022-2023
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;
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 2022-2023 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
Agreement, the City and FWISD agree that:
SCOPE OF SERVICES. The City will implement and operate the after -school
program at Como Elementary School pursuant to the terns of the Coordinating Board
Agreement governing the 2022-2023 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."
3. FUNDING.
(a) Goals of the After -School Program shall include, at a minimum:
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 ensure that existing programs are not duplicated,
or if appropriate, are expanded or complimented through an
inventory and evaluation of existing programs.
(a) FWISD agrees to pay the City up to seventy-nine thousand five
hundred seven dollars and 00/100 ($79,507.00) 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 $40,000.00. FWISD covenants and agrees that the funding
for this Agreement shall not include any money originating from the
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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.
(c) 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 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, 2022, and ending on June 30, 2023 and shall cover the entire 2022-2023 school
year.
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 FWISD 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:
If to City
Fernando Costa
Assistant City Manager
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
(817) 392-8180
With a copy to:
City Attorney's Office
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
If to FWISD:
Dr. Angelica Ramsey
Superintendent
Fort Worth Independent School District
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
INDEPENDENT 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 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.
(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. 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.
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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 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.
(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 party.
(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 of self -insured status as requested by FWISD.
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 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 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.
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.
[Signature page follows]
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IN WITNESS WHEREOF, the parties here have executed this Agreement in multiples in Fort Worth,
Tarrant County, Texas this day of , 2022,
CITY OF FORT WORTH
By:
Fernando Costa
Assistant City Manager
APPROVED AS TO FORM
AND LEGALITY:
TessiKa Williams
Jessika Williams (Feb 16, 2023 09:58 CST)
Jessika J. Williams
Assistant City Attorney
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Jannette S. Goodall
City Secretary
M&C: 22-0684
Date: September 13, 2022
FORT WORTH INDEPENDENT SCHOOL DISTRICT
By:
j""Aw"If Dec 14, 2022
Dr. Ang6lica M. Ramsey
11.11.2022 Superintendent
% 10/26/2022
11 /7/2022
11.11.22
Attor6y, representing Fort Worth ISD
Car' "CJ" Evans
Secretary, Board of Education
Contract Compliance Manager:
By signing below, I acknowledge that I am the person responsible for the monitoring and
administration of this contract, including all performance and reporting requirements.
T4't�--4g�d
Monique Hill OFFICIAL RECORD
District Superintendent, Neighborhood Services
CITY SECRETARY
FT. WORTH, TX
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9. B.21. Approve I nterlocal Agreement Between
Fort Worth Independent School District and
the City of Fort Worth to Provide After -School
Servivices at the Leadership Academy at Como
Elementary School
Final Audit Report
2022-12-15
Created: 2022-12-14
By: Christian Alvarado (christian.alvarado@fwisd.org)
Status: Signed
Transaction ID: CBJCHBCAABAACnxEDAE76umiuvHOtDBzndtCgjMT5RHw
"93.21. Approve Interlocal Agreement Between Fort Worth Inde
pendent School District and the City of Fort Worth to Provide Aft
er-School Servivices at the Leadership Academy at Como Eleme
ntary School" History
Document created by Christian Alvarado (christian.alvarado@fwisd.org)
2022-12-14 - 6:03:22 PM GMT- IP address: 216.200.134.115
P.. Document emailed to Angelica Ramsey (angelica.ramsey@fwisd.org) for signature
2022-12-14 - 6:06:32 PM GMT
Email viewed by Angelica Ramsey (angelica.ramsey@fwisd.org)
2022-12-14 - 6:06:34 PM GMT- IP address: 54.212.31.184
Document e-signed by Angelica Ramsey (angel ica.ramsey@fwisd.org)
Signature Date: 2022-12-15 - 0:01:42 AM GMT - Time Source: server- IP address: 75.10.27.214
Agreement completed.
2022-12-15 - 0:01:42 AM GMT
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