HomeMy WebLinkAboutContract 28360 (2)��� � �� � ���� �
INTERLOCAL AGREEMENT �
BETWEEN
�ORT WORTH INDEPENDENT SCH04L DISTRICT
AND THE CITY OF FORT WORTH
-.�--�
his INTERL�CAL AGREEMENT is made and entered into this the r���� � day af
�, b. . 200�,� by and between the CITY OF �ORT WORTH, a home rule
rnunicip corporation of the State oi Texas, located within Tarrant, Denton, and Wise Counties,
Texas (Hereinafter referred to as ihe "CITY") and the BOARD OF TRUSTEES of ihe F�RT
WORTH INDEPENDENT SCHOOL DISTRICT, a political subdivision of the State af 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 CTTY and the FWISD by and
pursuant to th� Texas Gavernment Code, Chapter 791, known as the INTERLOCAL
COOPERATION ACT.
WIIEREAS, the City Council of Fort Woxth and the Faz�t Warth Indep�ndent Schoo�
District BQard af Trustees have determined that the security and weli-being of students at middle
ar�d elementary schools during after-schaol hours of 3:00 to �:00 PM are of prime importance;
and
WHEREAS, the City Council of Fort Warth and the Fort Worih Independent School
District Board of Trustees by consensus agree that the activities of elementary and middle schoal
childr�n during �hese critical hours are of paramount importanee to both government entities; and
WHEREAS, on Septernber 13, 2000, FWISD and CITY entared into an Interlocal
Agreement under City Secretary Gontract Number 26179 to operate after-schoal programs at
selected schools as a juvenile crime measure; and
WHEREAS, the Coardinatang Board for th� FWISD, pursuant to its powers and the terms
undex City Secretary Contract Number 26179, has designated the CITY, through its Parks and
Community Services DeparEment, to provide the after school program at Como Elementary
School;
NOW THEREFORE, in consideration of the mutual cavanants herein expressed the
CITY, acting by and through i�s dtily authorized Assistant City Manager, and FWI�D, actirng by
and through its duly aut�iorized srxperintendent, do here�y covenant and agree as follows:
AGREEMENT
PurSuant to the designation by the FVVTSD Coordinating Boaxd under th� terms of City
Secretary Contract No. 26179, the CITY and FWISD agree that: �
:.����;;��Illrilll_ �: , �
a
,
� ;, ,
.�� -
.T,
The CITY will implement and operate ti�e after school program at Como
Elementary School pursuant to the terms of City Secretary Contract No. 26179.
T�ie Coordinating Baard, as established under City Secretary Cantract No. 26179,
shall oversee the implementation and operation of said programs.
2. GOALS AND MISSION STATEMENT. The missian a� the After-School
Prograrn at Como Elementary School shall be:
"To enable needs-based after-school pxograms in a safe envi�onment that result in
educatianal, physical, and sacial developrnent �or elementary and middle school
aged childxen.,,
Goals af the After-School Prograrri sha�l include, at a minimum:
➢ To provide hornework assistance, tutorial, and relevant educational
prograrns
A Ta improve the awareness of the importance of leazning
➢ Ta reduce the Ievel of iruancy
� To ac�dress the students physical needs
9 To pravide activi�ies that promote social development
➢ To reduce juvenile arrests
➢ To reduce juvenile victims of crimes during the target hours
Operational Imperatives are:
➢ To establish pragram goals and nbjectives that are measuiable and result
in desired outcornes thraugh a scienfific evaluation process
➢ To ensure that program participants achieue improvement in care prog�•am
autcames through an accountable system of ineasurement
➢ To cnsure tbat existing programs are not duplicated, or if appropriate, are
expanded or complimented through an inventory and eva.tua�ion of
existing programs.
3. FUNDING.
1. F�VISD agrees to pay tha CITY Fifiy Thousand Dollars {$50,004} to fund
the operation of the After-School Program at Como Elementary School.
Pursuant to 791.011 of the Interlocal Coaperation Act, ea.ch party paying for
performance of governmental functions or services must make those payments
from current reven�es available to the paying party. Payments will be due within
30 days fram receipt of invoice.
4. TERM. The term of this agreement is �'or a period beginning on August 1, 2001, and
ending on May 31, 2402 and shall cover the entire 20Qf -2i}02 school year. This
contract may be renewed hy both parties on an an�ual basis through the approval of an
addendum setting a new term of the agreement and additional school srtes and payrnent
for said after-school programs can be added to the addendum by mutual agreement of
the parties.
S. NON-APPROI'IATION OF FUNDS. It is expxessZy under�tood and agreed between
ihe parties that this agreernent is wholly conditioned upon the actual receipt by �he
CITY of funds frorn the Fort Worth Crime Control and Prevenfion Dist�riet. If, for any
reasan, such funds from the Fort W orth Crime Control and Prevention District are not
timely forthcoming in whole or in part, FWISD agre�s and understands that the CITY
may, at its sole discre�ion, terrninate this contrac� and agreeznent.
6. TERMINATION OF AGREEMENT. If the CITY or the FWISD fails, for any reason,
to perform any pro�ision of this Agreement, this Agreement may be terminated if the
default continues for a period of thxrty (34) days after th� notifying party natafies the
defaulting party in writing of the deiault and its intention to declare this Agreement
terminated. If the defaulting party does not cure or correct such breach within the thirty
(3Q) day pexiod, the natifying party shall kaave the right to declare this Agreament
inr�mediately terminated and naither party shall have fut�her responsibility or liability
hereunder.
This agreement may be terminated by either party, in whole or in park, at any time and
for any reason, upon wriiten notice to the other pariy. Such writt�n notice shail specify
to what extent the work under the cantract is being terminated and the effective date o�
terminatian.
7. INDEPENDENT CQNTR.ACTOR. FWISD shall opexate her�undex as an independent
cantrac�or and not as an ofFicer, agent, servant or employee of the CITY. FWISD shail
have the exclusive control of, and the exclusive right #o control the work designated to
the FWISD ta be performed hereunder, and all persons p�rforming ihe same, and shall
t�e solely responsible for the ac�s and omissions of its officers, tnernbers, agents,
ser�ants, and employees. Neither City nor FWISD shall be r�sponsible under the
Doctrine of Respondeat Sup�riar for the acts and omissions of its officers, members,
agents, sexvants, employees, ar officers of the ather.
8. NONDISCRIMINATION. Neither the City and FWISD, nor any of its o�ficers,
members, agents, employees, program participants, or subcontrae�ors, while engaged in
performing ihis confiract, shall in connectzon with the employment, advancernent, o�•
discharge of employees, or in conncction with the terms, conditions or privileges of
their employment, discriminate against persons because of their age, excep� on the basis
of a bona fide occupational qualificatian, retirement plan, or statutory requirement.
The CITY and FWISD, agree that in the ex�cution, performance or attempted
performance of this contract and agreement, they wi11 not discriminate against any
person or persoans because a�' sex, race, religian, colar, sexual ari�ntation or national
oxigi�., nor will FWISD permit its agents, employees, subcontracfiors or program
participants to engag� in such discrimination.
9. SEVERABILITY. The pravi�ions of this agreement are severable arid if for aa�y
reason a clause, sentence, paragraph or other part of this agreen�ent shall be dete��nined
to be invalid �y a court or federai or state agcncy, board or commission having
jurisdiction over the subject matter thereof, such invalidity shall not affect other
provisions which can be given effect withaut tlie invalid provision.
10, WA,�VER QF DEFAi1LT. 1Vo waiver by the parties hereto of any de�ault or breach or
the failure to insist upan th� performance Qf any term, condition, pxovisions or covenant
of this Agreement shall be deemed tv be a waiver or relinquishment to any ext�nt af
any other breach oi the same or any other fezm, condition, pravisian, ar cavenant
containec� herein or the right of the parties to assert or rely� upnn any such term.
11, APPLICABLE LAW.
(a) This contract sha116e construed in accardance with the Iaws of the �tate Of
Texas.
(b) �hauld any action, whether real or asserted, at law or �n equity, arise aut of
the executian, pexformance, attempted �aerformance or non-pexformance of
this contract and agreement, �enue far said action shall lie in Tarrant
County, Texas or the F�deral. Court of the Northern District.
12. SOLE AGREEMENT. This written i�stttitment constitutes ihe en�axe agreement by the
parties hereto co�cerning �he work and services to be performed and any prior or
contemporaneous, oral or written agreement, which purports to vary from the terms
hereof, �hail be vaid.
13. AMENDEMENT. No amendment, modification or alte�ation of the terms hereof sha�l
be binding unless the same is in writing, dated suhsequent ta the date hereof and duly
executed by the parties hereto.
IN WITNESS WHEREOF, the part'es hexeta have ecuted ihis agreement in multiples
in Fort Worth, Tarrant County, Texas this ..'-� day of ('� . , 20{TZ'
ATTEST: CITY O� FORT WQRTH
�I
- _. - ,� �._..,�
City Secretars�'
By: �
Joe
APPROVED ,A.S TO FORM
AND LEGALITY
David Yett, City Attorney
By: �'�'.'� I ���r,�l��-.,
Assistant Cii� Attorney
�...�
Date: /-"��-�3
ATTEST:
`�'.�.%.w��, ��, Secretary
�$�,�
Board of Education
� l�a��r
Contraet Authorization
�fa� lea
D�t�
/
�'
Attorney far �ort
Independent chc
Date: � � �,
� �
�
FORT WORTH INDEPENDENT ,�`
SCHDOL DTSTRICT �
— - �
- �« � _
�y: � �
Dr. Thomas Tocco, Si�perisi nde
Fort Worth Independent 5� � i��ct
�.
, .��
'��: � E
� .. ,
_ � ,
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authori#y, a Natary Public in and for the State of Texas,
an this day personally appeared Joe Pa�iagua, known to me to be the person whose narne is
subscribed to the foregoing instru�meni, and acknowledged to me that the same as the act of the
City of Fort Worth and thafi he executed the same as the act of the said City af Fort Worth fo:r
the �urposes and consideration therein expressed and in the capacity herrein stated.
GNEN LJNDER MY HAND AND SEAL OF OFFICE, this day of
, Zoa2
Notary
Public in and far the Siate of Texas
STATE OF TEXAS
COUNTY OF TAR12�1NT
BEFORE ME, the �ndersigned autharity, a Notary Public it� and for the �tate af
fi� X/,�s , on this day personally appeaxed Dr. Thomas Tocco, Superintendent, known to
me to be th� person whose name is subscribed to the foregoing instrument, and acknowledged to
me that the same was for the puxposes and considexation ther�in expressed, as the act and deed o�
the Fort Worth Independent School District, and in the capacity tl�.erein stated as its
authorized officer or representative.
�
GNEN UNDER MY HA.ND AND SEAL OF OFFICE, this �� day o�
, �-� o a 3,
�P�� p LL , � �f' .
%% 1
o GAYLE L. WILL�RMS � N tary Pu c in and for ihe State o�
� Notary Public
�n�, STATE OF TEXAS Texas
9�n�� My Comm. Exp.08/�712Q04
-vU��c�lvwvvvww�.,v�v.,�s.�.�w.+�.,�t.,�.1
�`ity o, f �oNt �or�h, Texa�s
� �� ��c� ����i( �,.c�m���ty��r����
y � �r
DATE REFERENCE NUMBER LOG NAME PAGE
81271D2 �.�� 92� � I 80SCHO�L 1 of 2
SUBJECT AUTHORIZATION TO E�ITER INTO AN AGREEMENT WITH THE F�RT WORTH
INDEPENDENT SCHOOL D�STRICT F�R THE AFTER SCH40L PROGRAM AT
CQMO ELEMEI�TARY SCHOOL
REC�MMENDATION:
It is recommended that the City Gouncil:
Authorize the City Manager to enter info an agreement with tf�e Fort Wo�th Independent School
District {FWISD) for the After School Program at Gomo Elementary School; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appro�riatians in the
amount of $50,OQO.�Q in the General Fund.
i DISCUS510N:
I The Fort Worth Crime Control and Prevention District budget incl�des $'f .4 million for the prov[sion af
After School Programs (ASP) at elementary or middle schaols.
On August 8, 2Q00 {M&G18183), tFte City Council authorized an agreement with FW 15D to aperate an
ASP at selecfed schools as a juvenile crime prevention m�asure, One schaof at w�ich the Parks and
Community Services Department provides this program is Como Elementary School. The program is
conducted by the Como Community Center stafif.
For the 2000-2001 schooi year, the FW1SD proaided �50,oao.04 for fhe ASP at Como Elementary
5chool. The FWISD will also provide $�0,000.00 in sc�ool year 2041-2402, and $44,23Q.50 far schaol
year 2q�2-2003 to fund th� Como Elementary ASP. As the maney is provided on a schovl year basis,
the contract betwe�n the FWISD and tF�e Cify of Fori Warth for operatian of the After 5chaol Programs
must b� amended each schoof year.
The scf�ool senred by this agreement is located in COUNCIL DISTRICT 7.
Ciiy o�.�'ort Wor�h, T'exas
� �� ��d _ �����( �,��t��r�;�a�i��
� �
DATE I��F�R�NCE NUMBER 1�OG NAME PAGE
g1271�2 ��� 9ry� � I 80SCHOOL 2 of 2
SUBJ�CT AUTHORIZATION T4 ENTER �NTO AN AGREEMENT WlTH THE FORT 1NORTH
INDEPENDENT SCHOOL DISTRICT FOR THE AFTER SCHOOL PROGRAM AT
C�MO ELEMEhJTARY SCHOOL
FISCAL INFORMATIONICERTIFICATION:
The Finance Directflr certifies that upon approval of t�e above recommendations and adoption of the
attached appropriation ordinance, funds will be available in #he current operating budget of fhe General
�und. The Parks and Community Services Department is responsible for the collectian and deposit of
these funds.
JP:n
Submitted %r City Manager's
Dffice hy:
Joe Paniagua
Originating Departmient Head:
I FUND
� {to)
� 2} GG01
6144 � 2) GGD1
I ACCUUNT I CENTER I �iMOUNT CITY S�CRETARY
488100 0801000 $50,Op0AQ �
Various 0807023 $50,000.00 1
Richard Zavala
Additiouai Infarmation Contact:
Sandra Youngblood
5704 � (from)
�
S7S5 I
APPROV�D 08/27/02
� ORD.# 15215
�
1