HomeMy WebLinkAboutContract 30911 CITY SECRETARY
CONTRACT NO.
STATE OF TEXAS
COUNTIES OF TARRANT §
AND DENTON
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; and
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; and
WHEREAS,the Fort Worth Independent School District proposes to continue an
After-School Program in conjunction with the City of Fort Worth;
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
That for and in consideration of the mutual covenants,promises and agreements
contained herein, the City of Fort Worth, hereinafter referred to as "City," acting by and
through Joe Paniagua, its duly authorized Assistant City Manager, and the Fort Worth
Independent School District, hereinafter referred to as "District," acting by and through
Joe P. Doss,its duly authorized Superintendent, do hereby covenant and agree as
follows:
1.
City and District together covenant and agree to fully cooperate in the operation
of this project and both parties agree that:
A. A Coordinating Board shall continue to oversee the implementation and
operation of the After-School Program. Said Coordinating Board shall
meet at least quarterly and consist of the following persons:
• Community Services Manager, City of Fort Worth Neighborhood and
Youth Outreach Office
• Executive Director, Crime Prevention Resource Center
• Director, Tarrant County Juvenile Services
• Assistant City Manager, City of Fort Worth
• Deputy Superintendent, Fort Worth Independent School District
• Chief of Police or designee, City of Fort Worth
• Assistant Superintendent, Fort Worth Independent School District
• Director of Parks and Community Services, City of Fort Worth
• Director of Athletics, Fort Worth Independent School District
• Director of Elementary Operations, Fort Worth Independent School
District
• Community-Member at Large
The Coordinating Board shall have the following responsibilities;
1. Approve program-wide scope, goals and objectives
2. Approve site selection process
3. Select sites based on selection criteria
4. Evaluate reported results from campus programs
5. Evaluate funding needs
6. Recommend future direction and standards
B. The District shall be responsible for day-to-day administration of the
After-School Program and will at a minimum employ a Director and two
Program Coordinators.
C. The District shall establish a site-based advisory committee at each middle
and elementary school which operates an after-school program. This
committee may be a new body, a group continued from a previous year of
after-school operations or the site-based management team provided it
includes the principal and representatives of the community, faculty, and
student body.
D. The District shall continue to work with an independent entity to conduct
an in-depth longitudinal evaluation of the After-School Program. This
evaluation process shall continue for three (3) additional consecutive
years, with an in-depth written evaluation provided following the
conclusion of the fourth year. During intervening years the evaluator shall
provide an overview and feedback on existing programs and
recommendations for improvement.
E. The City Council of Fort Worth and the Fort Worth Independent School
District Board of Trustees shall meet annually to review the After-School
Program.
F. The District shall, with the concurrence of the Coordinating Board,
reinvest any unspent funds from the prior year into the After-School
Program. The District shall provide documentation of this action within 90
days of the start of this contract.
2.
The mission of the After-School Program shall be:
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"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.". .
Goals of the After-School Program shall include, at a minimum:
• To provide homework assistance,tutorial, and relevant educational
programs
• To improve the awareness of the importance of learning
• To reduce the level of truancy
• To address the students physical needs
• To provide activities that promote social development
• To reduce juvenile arrests
• To reduce juvenile victims of crimes during the target hours
Operational Imperatives are:
• To establish program goals and objectives that are measurable and
result in desired outcomes through a scientific evaluation process
• To ensure that program participants achieve improvement in core
program outcomes through an accountable system of measurement
• To ensure that existing programs are not duplicated, or if appropriate,
are expanded or complimented through an inventory and evaluation of
existing programs.
3.
It is understood that during SY 2004—2005 the City of Fort Worth shall provide
$1,100,000 dollars for the support of the After-School Program to the District. It is also
understood that the District shall also provide at a minimum$1,100,000 for this project.
The City and District may, acting through the Coordinating Board, establish a sliding fee-
scale for participation in the program so long as no child at a participating school gets
turned away and volunteer time by a parent, guardian, or designee can be counted toward
the fee. It is agreed that any fees collected shall be expended towards the After-School
Program primarily at the site where the fees are collected. The City of Fort Worth will
make four equal payments of$275,000 each on October 15, 2004; January 15, 2005;
April 15, 2005; and July 15, 2005, following receipt of an invoice from the District.
4.
The term of this agreement is for a period beginning on October 1, 2004, and
ending on September 30, 2005, and shall cover the entire SY 2004-2005. This contract
may be renewed by both parties on an annual basis through the approval of an addendum
setting a new term of the agreement and any other changes agreeable to both parties.
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5.
It is expressly understood and agreed by and between the parties hereto that this
agreement is wholly conditioned upon the actual receipt by City of funds from the Fort
Worth Crime Control and Prevention District and that if such funds from the Fort Worth
Crime Control and Prevention District are not timely forthcoming, in whole or in part,
City may, at its sole discretion,terminate this contract and agreement.
6.
This agreement may be terminated by either party hereto, in whole or in part, at
any time and for any reason,upon 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.
7.
District shall operate hereunder as an independent District and not as an officer,
agent, servant or employee of City. District shall be solely responsible for the acts and
omissions of its officers, members, agents, servants, and employees.Neither City nor
District shall be responsible under the Doctrine of Respondeat Superior for the acts and
omissions of its officers, members, agents, servants, employees, or officers of the other.
8.
City and District each covenant to the other that neither such party nor any of its
officers, members, agents, employees,program participants, or subcontractors, 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.
9.
City and District, in the execution, performance or attempted performance of this
contract and agreement, will not discriminate against any person or persons because of
sex, race, religion, color or national origin,nor will District permit its agents, employees,
subcontractors or program participants to engage in such discrimination.
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10.
City and District covenant and agree that in the event either party fails to comply
with, or breaches, any of the terms and provisions of this agreement, each party shall
provide written notice to the other as soon as reasonably possible after the non-breaching
party becomes aware of the failure to comply or breach of contract. In the event that the
breaching party fails to cure or correct such breaches within a reasonable time following
the receipt of notice, such reasonable time not to exceed 30 days,the non-breaching party
shall have the right to declare this agreement immediately terminated, and neither party
shall have further responsibility or liability hereunder.
11.
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.
12.
The failure of City or District to insist upon the performance of any term or
provision of this agreement or to exercise any right herein conferred shall not be
construed as a waiver or relinquishment to any extent of City's or District's right to assert
or rely upon any such term or right on any future occasion.
13.
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.
14.
This written instrument constitutes the entire agreement by the parties hereto
concerning the work and services to be performed hereunder, and any prior or
contemporaneous, oral or written agreement which purports to vary from the terms hereof
shall be void. 1.
15.
Right to Audit. District agrees that the City shall, until the expiration of three (3)
years after final payment under this Agreement, have access to and the right to examine any
directly pertinent books,documents,papers and records of the Architect involving transactions
relating to this Agreement. District agrees that the City shall have access during normal
working hours to all necessary facilities and shall be provided adequate and appropriate
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workspace in order jo conduct audits in compliance with the provisions of this section. The
City shall give reasonable advance notice of intended audits.
District further agrees to include in all its subcontracts hereunder a provision to
the effect that the sub-consultant agrees that the City shall, until the expiration of three
(3) years after final payment under the subcontract, have access to and the right to
examine any directly pertinent books, documents, papers and records of such sub-
consultant, involving transactions to the subcontract, and further, that City shall have
access during normal working hours to all sub-consultant facilities, and shall be provided
adequate and appropriate work space, in order to conduct audits in compliance with the
provisions of this article. City shall give sub-consultant reasonable advance notice of
intended audits. District and sub-consultants agree to photocopy such documents as may
be requested by the City. The City agrees to reimburse District and sub-consultant for the
costs of copies at the rate published in the Texas Administrative Code.
16.
Compliance with Law. Contractor, its officers, agents, employees, contractors
and subcontractors, shall abide by and comply with all laws, federal, state and local,
including the Charter and all ordinances, rules and regulations of the City. It is agreed
and understood that, if City calls the attention of Contractor to any such violations on the
part of Contractor, its officers, agents, employees, contractors or subcontractors, then
Contractor shall immediately desist from and correct such violation.
17.
Assignment. Neither party hereto shall assign, sublet or transfer its interest herein
without prior written consent of the other party, and any attempted assignment, sublease or
transfer of all or any part hereof without such prior written consent shall be void.
18.
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:
City of Fort Worth Police Department Fort Worth Independent School District
Fiscal and Equipment Management Fort Worth After-School
350 West Belknap 100 North University
Fort Worth, Texas 76102 Fort Worth, Texas 76102
19.
5. Applicable Law. This Agreement shall be construed under and in accordance
with Texas law.
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IN WITNESS WHEREOF, the parties hereto have executed this agreement in
multiples in Fort Worth, Tarrant County, Texas, this day of 0\iegAm-c ,
A.D. 2003.
Attest: CITY O FO T RTH
1Z *
/j) -' i ----
aol—Cityezlecretary Joe Pa 'a
Assistant lty ager
Approved for Form and Legality:
Assistant City Attorney PWISD Attorney
Date: Zq Date: D O
ATTEST: FORT WORTH INDEPENDENT
FSC DISTRICT T
P. Ross
Superintendent
Con act Author' zatiola
0 1,—CV�7�
Date
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City ®f Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/28/2004
DATE: Tuesday, September 28, 2004
LOG NAME: 35FWAFTERSCHOOL REFERENCE NO.: C-20310
SUBJECT:
Approval of an After-School Program Agreement with the Fort Worth Independent School District
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an agreement with the Fort
Worth Independent School District (FWISD) to operate the Fort Worth After-School Program at selected
schools as a juvenile crime prevention measure.
DISCUSSION:
Beginning in FY2000-2001, a multi-disciplinary task force recommended funding for a program called Fort
Worth After-School at selected elementary and middle schools in the Fort Worth Independent School
District. Since that time, the City of Fort Worth has dedicated $1.1 million annually with equal matching
funds provided by the FWISD,.
For the fifth year of the crime prevention project, funding remains at $1.1 million for FWISD and is included
in the FY2004-2005 Fort Worth Crime Control and Prevention District budget. The FWISD will again
provide matching funds in the amount of $1.1 million and continue to administer this project. The Fort
Worth After-School Program is overseen by a coordinating board consisting of the following:
• Community Services Manager, City of Fort Worth Neighborhood and Youth Outreach Office
• Executive Director, Crime Prevention Resource Center
• Director, Tarrant County Juvenile Services
•Assistant City Manager, City of Fort Worth
Deputy Superintendent, Fort Worth Independent School District
Chief of Police, City of Fort Worth
Director of Student Affairs, Fort Worth Independent School District
Director of Parks and Community Services, City of Fort Worth
Director of Athletics, Fort Worth Independent School District
Dr. Peter Witt of Texas A&M University has lead a team to evaluate the program for the first four
years. The program continues to receive high marks.
FISCAL INFORIVIATIONXERTIFICATION:
The Finance Director certifies that funds will be available in the FY2004-05 operating budget, as
appropriated, of the Crime Control and Prevention District Fund.
Logname: 35FWAFTERSCHOOL Page 1 of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
GR79 539120 0359601 $1100,000.00
Submitted for City Manager's Office by: Joe Paniagua (6140)
Originating Department Head: Ralph Mendoza (392-4210)
Additional Information Contact, Susan Alanis (392-4221)
Logname: 35FWAFTERSCHOOL Page 2 of 2