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HomeMy WebLinkAboutContract 26705 CITY SECRIEr ARy CONTRACT Np !� INTERLOCAL AGREEMENT This INTERLOCAL AGREEMENT is made and entered into this the 41k day of 64AA , 2001, by and between the CITY OF FORT WORTH, a home rule ihunicipal corporation of the State of Texas, located within Tarrant and Denton Counties, 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 the "FWISD"). RECITALS This Agreement is made under the authority granted to the CITY and the FWISD by and pursuant to the Texas Government Code, Chapter 791, known as the INTERLOCAL COOPERATION ACT. WHEREAS, the majority of criminal justice experts agree that truancy can lead to victimization, criminal acts, drug abuse, teen pregnancy, and illiteracy; all which are deterrents to student opportunity and success; and WHEREAS, the parents of students who continue to be truant are charged with a class C misdemeanor offense that are presently heard by various Justice of the Peace Courts of Tarrant County; and WHEREAS, due to overcrowded dockets and the diverse number of Justices of the Peace hearing the cases, the offenses are not being heard quickly and punishment is inconsistent from case to case; and WHEREAS, early intervention in truancy behavior and referral to the court is necessary in order to encourage students to attend school on a regular basis, and WHEREAS, the City Council of Fort Worth and the Fort Worth Independent School District Board of Trustees have determined that the need for expedient, consistent and equitable sanctions for all truancy offenses is of paramount importance to both government entities; and WHEREAS, the Fort Worth Independent School District and the City of Fort Worth, propose to establish a Municipal Court entitled "School Attendance Court", funded by the Fort Worth Independent School District to hear all FWISD truancy cases and both parties authorize and agree to the execution of this Agreement; NOW THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: U L�tiUi� AGREEMENT 1. ADMINISTRATION. CITY and FWISD covenant and agree to fully cooperate in the implementation of this project and both parties consent, under the terms of this Agreement, to the following: A. The School Attendance Court shall be conducted on a schedule and at 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. 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 Supp 2000)), 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 necessary personnel necessary, for the smooth operation of the Court. 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 the Judge or any other courtroom personnel. F. The City Council of Fort Worth and the Fort Worth Independent School District Board of Trustees or their appropriate designees shall meet during the month of August 2001, and thereafter on an annual basis, on a date and at a location mutually agreeable to both parties to review the success and operation the School Attendance Court Program. 2. GOALS AND MISSION STATEMENT. 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 2 r- ' C ICS ih5'dl IIC^'i tl UcE U B. 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. It is agreed between FWISD and the CITY that the Fort Worth Independent School District shall pay all staffing and operational costs associated with the implementation of the School Attendance Court as follows: A. FWISD agrees to provide funding for all essential courtroom personnel as determined by the CITY, to include, at a minimum, a municipal court judge, senior customer service representative clerk, senior case worker and a courtroom bailiff. The estimated salaries for such personnel for the year 2001 are attached and incorporated herein as Exhibit "A". Included in the funding amount shall be group health insurance, contributions to employee retirements and incentive pay. B. FWISD agrees to reimburse the CITY for all costs associated with the use of an assistant city attorney to prosecute cases on an "as needed basis". The hours and amount of time needed for the use of an assistant city attorney shall be in the discretion of and determined by the CITY. C. FWISD shall provide supplies and other minor equipment as determined by mutual agreement between the CITY and FWISD. CITY and FWISD agree that FWISD will not be responsible for any indirect costs. D. CITY agrees to submit an invoice to FWISD on or before the I oth business day of each month for services rendered by the CITY for the previous month. FWISD agrees to submit full payment as indicated on each invoice within 45 days of receipt of the invoice. The estimated costs for School Attendance Court staffing and departmental support costs for the remainder of the fiscal year from February 24, 2001 to September 30, 2001, to include the cost of a prosecutor for up to eight hours a week, is $111,310.00. FWISD and CITY agree that said $111,310.00 is an estimated amount of the projected costs and this figure may change due to the additional needs of the School Attendance Court. FWISD agrees to pay any reasonable additional costs associated with the operation of the School Attendance Court upon receipt of written notice by the CITY of said costs. The estimated subsequent annual cost for the full fiscal year beginning October 1, 2001 and ending September 30, 2002 is $191,959.00. 3 16 YEWF FWISD and CITY agree that all contractual payments provided herein fairly compensates the CITY for the services and functions performed under this Agreement. 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 FWISD. 4. TERM. The term of this agreement is for a period beginning on February 24, 2001 and ending on September 30, 2001. This contract may be renewed by agreement of both parties on an annual basis through the approval of an addendum setting the new term of the Agreement. 5. TERMINATION OF AGREEMENT. If the CITY or the FWISD fails, for any reason, to perform any provision of this Agreement, this Agreement may be terminated if the default continues for a period of thirty (30) days after the notifying party notifies the defaulting party in writing of the default and its intention to declare this Agreement terminated. If the defaulting party does not cure or correct such breach within the thirty (30) day period, the notifying party shall have the right to declare this Agreement immediately terminated, and neither party shall have further responsibility or liability hereunder. Either party may terminate this agreement, in whole or in part, at any time and for any reason, upon receipt of written notice to the other party. Such written notice shall specify to what extent the work under the contract is being terminated and the effective date of termination. 6. PREPARATION OF COURTROOM. As further consideration herein, FWISD will provide and/or construct, at the sole cost and expense to FWISD, courtroom facilities at a location agreed upon between the parties. FWISD and CITY agree that at the execution of this Agreement, FWISD will provide, at their sole cost, the space and facilities to conduct the School Attendance Court. It is understood that FWISD plans to design and construct a courtroom in the future that will conform to accepted courtroom standards. The nature and extent of the courtroom facilities, used at the execution of this Agreement or hereafter constructed by FWISD on their premises, shall be mutually agreed upon between FWISD and the CITY. 7. USE OF COURTROOM. The premises shall be used to conduct hearings and proceedings related to FWISD truancy cases. Said 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 facility for any other juvenile purpose other than School Attendance Court shall be mutually agreed upon between FWISD and the CITY, but in no event shall said the facility be used for So 'oil D -- 1 SrJ,1r 4 L JAI any purpose other than juvenile use nor 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 facility. 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 improvements, equipment, supplies or other items necessary for the operation of the Court. FWISD agrees that any such improvements, equipment, supplies or other items shall remain the sole property of the CITY and may be added to, changed, removed or altered at the discretion of the CITY. 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 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. 10. ALLOCATION OF 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. 11. RELEASE OF STUDENT EDUCATION RECORDS. 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. 12. INDEPENDENT CONTRACTOR. CITY shall 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 shall 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 City 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 5 J CJ 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 under law. 13. INDEMNITY. A. TO THE EXTENT PERMITTED BY LAW, the FWISD covenants and agrees to and does hereby indemnify, hold harmless, and defend CITY, its officers, employees, agents or servants acting in the course and scope of their employment, from any and all suits, claims or causes of action for property loss or damage and/or personal injury, including death, which may arise out of the negligence of FWISD employees, officers, agents or servants; provided, however, that this indemnity agreement does not cover or include: (1) any liability or obligation to third parties based on any contract to which the FWISD is not a party; or (2) any tort claim or liability arising out of the sole negligence of CITY; its officers, employees, agents or servants; or (3) any tort claim or liability for which the FWISD would not be liable if the same were asserted directly against the FWISD; or (4) any tort claim or liability arising out of the gross negligence, malicious intent, bad faith, or other intentional, deliberate, willful or malicious act of CITY, its officers, agents, employees or servants. B. 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 defense of any claims or litigation for which the CITY or FWISD may be responsible hereunder. C. 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. D. 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 Neither the City and FWISD, nor any of its officers, members, agents, employees, program participants, or subcontractors, R. 6 T tr I f�'��tI(0,17"1 while engaged in performing this contract, shall in connection with the employment, advancement, or discharge of employees, or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age, except on the basis of a bona fide occupational qualification, retirement plan, or statutory requirement. The CITY and FWISD, agree that in the execution, performance or attempted performance of this 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. 17. 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. 18. SOLE AGREEMENT. This written instrument 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 7 U uu IN WITNESS WHEREOF, the parties hereto have executed this agr ement in multiples in Fort Worth, Tarrant County, Texas, this the day of 20 QI A ST: CITY O RT WO T r � By ity Secret �_ �_� �y Watso A �Q ssistant City Manager APPROVED AS TO FORM AND LEGALITY: Davi ett, City Attorney Assistant ity Attorney Attorney for Fort ort Independent School District ATTEST: FORT WORTH INDEPENDENT SCHOOL DISTRICT Dr. Thomas Tocco, Superintendent Fort Worth Independent School District C' ' /8� 7� Contract Authorization Date SLUa City of Fort Worth, Texas ovoloor And coun"K co"Insunicalflon DATE REFERENCE NUMBER LOG NAME PAGE 2/20/01 C-18472 38TRUANCY 1 of 2 SUBJECT ADOPTION OF AN APPROPRIATION ORDINANCE AND AUTHORIZATION TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE FORT WORTH INDEPENDENT SCHOOL DISTRICT (FWISD) FOR THE ESTABLISHMENT OF A MUNICIPAL TRUANCY COURT TO ADJUDICATE FWISD TRUANCY CASES RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute an Interlocal Agreement with the Fort Worth Independent School District (FWISD) for the City to provide a Truancy Court to adjudicate FWISD truancy cases; and 2. Authorize the City Manager to accept reimbursement from the Fort Worth Independent School District in the amount of $111,310 for all personnel and other costs associated with implementation and operation of the above-mentioned Truancy Court in FY2000-2001; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the amount of$1111310 in the General Fund from available funds. DISCUSSION: The Comprehensive Truancy Intervention Program (CTIP) is a collaborative effort of the Fort Worth Independent School District, the Tarrant County District Attorney's Office, and the Fort Worth Police Department. The purpose of this program is to aggressively address the truancy problem and includes various efforts by FWISD to encourage school attendance. Students who are truant are subject to the filing of a Class C Misdemeanor offense against them and their parents. Truancy cases filed by the FWISD are currently heard in various Justice of the Peace Courts. While the program has been successful, all agree the program could be more effective. To be more effective, these cases need to be referred, heard quickly, and punished consistently. Additionally, alternatives such as deferred adjudication and community service need to be explored. The FWISD has requested that the City provide a dedicated Truancy Court to hear truancy cases only. FWISD agrees to reimburse the City for all personnel and other operational costs associated with implementation of the Truancy Court. Additionally, FWISD will provide, at its sole cost, a site for the Truancy Court. The estimated cost for the remainder of the current fiscal year (February 24-September 30, 2001) is approximately $111,310. Estimated costs for a full fiscal year are $191,959. These figures include the use of an Assistant City Attorney for up to eight hours per week for trial purposes. The cost estimates assume a Truancy Court start-up date of February 24, 2001. City of Fort Worth, Texas r imayor and Council communkation DATE REFERENCE NUMBER LOG NAME PAGE 2/20/01 C-18472 38TRUANCY 2 of 2 SUBJECT ADOPTION OF AN APPROPRIATION ORDINANCE AND AUTHORIZATION TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE FORT WORTH INDEPENDENT SCHOOL DISTRICT (FWISD) FOR THE ESTABLISHMENT OF A MUNICIPAL TRUANCY COURT TO ADJUDICATE FWISD TRUANCY CASES Staffing/Other Costs Prosecutor Total • Current Fiscal Year Costs: $105,625 $5,685 $111,310 (February 24-September 30-2001) • Subsequent Annual Costs: $182,105 $9,854 $191,959 The Interlocal Agreement will provide the following: a) The Truancy Court established under the Fort Worth Municipal Court will have primary jurisdiction over all FWISD truancy cases; and b) FWISD will fund all costs associated with the establishment and day-to-day operation of the Truancy Court to include staff salaries and other operational costs; and c) FWISD will provide a site for the Truancy Court that is acceptable to the City; and d) Any fines collected for these violations will be allocated between the FWISD and the City according to state law. _ Execution of the Interlocal Agreement is contingent upon receipt of approval and funding from the FWISD School Board. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the General Fund. The Municipal Court will be responsible for the collection of all funds due the City. CB:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT - CITY SECRETARY Office by: (to) GG01 431120 0381000 $111,310.Charles Boswell 6140 t4) 4)GG01. Various 0381000 $111,310.00 COUNCIL Originating Department Head: Elsa Paniagua 6711 from FM to 20t Additional Information Contact: �L•You.._, city>lom%"of th• Elsa Paniagua 6711 CUT of Port Worth,Tp+n City of Fort Worth, Texas "avow and Council communication DATE REFERENCE NUMBER LOG NAME PAGE 2/20/01 C-18472 38TRUANCY 1 of 2 SUBJECT ADOPTION OF AN APPROPRIATION ORDINANCE AND AUTHORIZATION TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE FORT WORTH INDEPENDENT SCHOOL DISTRICT (FWISD) FOR THE ESTABLISHMENT OF A MUNICIPAL TRUANCY COURT TO ADJUDICATE FWISD TRUANCY CASES RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute an Interlocal Agreement with the Fort Worth Independent School District (FWISD) for the City to provide a Truancy Court to adjudicate FWISD truancy cases; and 2. Authorize the City Manager to accept reimbursement from the Fort Worth Independent School District in the amount of $111,310 for all personnel and other costs associated with implementation and operation of the above-mentioned Truancy Court in FY2000-2001; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the amount of$111,310 in the General Fund from available funds. DISCUSSION: The Comprehensive Truancy Intervention Program (CTIP) is a collaborative effort of the Fort Worth Independent School District, the Tarrant County District Attorney's Office, and the Fort Worth Police Department. The purpose of this program is to aggressively address the truancy problem and includes various efforts by FWISD to encourage school attendance. Students who are truant are subject to the filing of a Class C Misdemeanor offense against them and their parents. Truancy cases filed by the FWISD are currently heard in various Justice of the Peace Courts. While the program has been successful, all agree the program could be more effective. To be more effective, these cases need to be referred, heard quickly, and punished consistently. Additionally, alternatives such as deferred adjudication and community service need to be explored. The FWISD has requested that the City provide a dedicated Truancy Court to hear truancy cases only. FWISD agrees to reimburse the City for all personnel and other operational costs associated with implementation of the Truancy Court. Additionally, FWISD will provide, at its sole cost, a site for the Truancy Court. The estimated cost for the remainder of the current fiscal year (February 24-September 30, 2001) is approximately $111,310. Estimated costs for a full fiscal year are $191,959. These figures include the use of an Assistant City Attorney for up to eight hours per week for trial purposes. The cost estimates assume a Truancy Court start-up date of February 24, 2001. City of Fort Worth, Texas "affor And Council Communication DATE REFERENCE NUMBER LOG NAME E 2/20/01 C-18472 38TRUANCY PAG 2 of 2 SUBJECT ADOPTION OF AN APPROPRIATION ORDINANCE AND AUTHORIZATION TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE FORT WORTH INDEPENDENT SCHOOL DISTRICT (FWISD) FOR THE ESTABLISHMENT OF A MUNICIPAL TRUANCY COURT TO ADJUDICATE FWISD TRUANCY CASES Staffing/Other Costs Prosecutor Total • Current Fiscal Year Costs: $105,625 $5,685 $111,310 (February 24-September 30-2001) • Subsequent Annual Costs: $182,105 $9,854 $191,959 The Interlocal Agreement will provide the following: a) The Truancy Court established under the Fort Worth Municipal Court will have primary jurisdiction over all FWISD truancy cases; and b) FWISD will fund all costs associated with the establishment and day-to-day operation of the Truancy Court to include staff salaries and other operational costs; and c) FWISD will provide a site for the Truancy Court that is acceptable to the City; and d) Any fines collected for these violations will be allocated between the FWISD and the City according to state law. Execution of the Interlocal Agreement is contingent upon receipt of approval and funding from the FWISD School Board. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the General Fund. The Municipal Court will be responsible for the collection of all funds due the City. CB:k Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) 4)GG01 431120 0381000 $111,310.00 III�t t Charles Boswell 6140 4)GG01 Various 0381000 $111,310.00 V COUNCIL Originating Department Head: Elsa Paniagua 6711 (from) FEB 20 2ml}C� Additional Information Contact: �L, r �+ City Secretary of the Elsa Paniagua 6711 City of Fort wortlh,Tr Ak%n+a,1 n.a:_-__ 14/,--2 on