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INT RLO AL AGREEMENT
BETWEEN
THE ITY OF FORT WORTH
ANDTH
FORT WORTH INDEPENDENT SCHOOL DI TRI T
This INTERLOCAL AGREEMENT ("Agreement") is mad e and entered thi s the 14th
day of October, 2014 by and between the CITY OF FORT WORTH , a home-rule municipal
corporation of the State of Texas (the "City") and th e BOARD OF TRUSTEES of th e FORT
WORTH INDEPENDENT SCHOOL DISTRICT , a political subdivision of the tate of Texas
and a legally constituted Indepe ndent chool Di strict located within Tarrant County, Texas (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 City Council of Fort Worth and the Board of Trustees of the Fort Worth
Independent School District have determined that parent engagement is integral to successful
early educational efforts ; and
WHEREAS, the City Council of Fort Worth and the Board of Trustees of the Fort Worth
Independent School District have determined that successful early education efforts lead to life-
long learning and productivity ; and
WHEREAS, children who enter kindergarten ready for school have been shown to have
better educational outcomes than their peers who lack the necessary skills ; and
WHEREAS, parents are the first teachers of young children; and
WHEREAS, the Fort Worth Public Library , a department of the City , has applied for and
received grant funding to assist parents whose children are not enrolled in pre-kindergarten
programs; and
WHEREAS, the City and FWISD have enjoyed an extended relationship through
multiple Interlocal Agreements to provide academic and cultural enrichment activities to the
community ; and
Morningside Parent Engagement
FWISD lnterlocal Agreement
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX Page I of6
WHEREAS, the Wl will work with th e ity in pre e nting and admini tering the
Morningside Parent ngage ment Pr gram .
NOW THEREFORE, in con ideration of the mutual covenants expressed herein , the
ity , acting by and throu gh it duly auth ri zed A i tant ity Manager, and th WI 0 , a ting
by and throu gh its duly authorized acting uperintendent , do he reby covenant and agr e as
follows :
AGREEMENT
The City and WI D agree a s follows :
1. Scope of Services.
A. The ity will provid e :
(i) educational material s that can be distributed to participating families to
keep as they begin to build a hom e library ; and
(ii) Fort Worth Library materials that can be borrowed through checkout
procedures ; and
(iii) weekly programs conducted by Fort Worth Library staff and other
community partners; and
(iv) access to other Fort Worth Library programs that provide learning
opportunities , suc h as Worth Reading ; and
(v) reimbursement to FWISD on a monthly basis for actual staff costs to
open the library approximately 38 Saturdays, up to a total of $5 ,000 .00
as provided by the grant; and
(vi) reimbursement to the FW[SO on a monthly basis for actual losses of
school library materials lo st or damaged by the program participants , up
to a total of $2 ,500 .00 as provided by the grant; and
(vii) in-kind match in an amount up to $17 ,800 .00 in staffing to plan and
implement the grant program ; and
(viii) administrative functions , recordkeeping, reporting and oversight of the
project.
B. The FWISD will provide :
(i) access to the Briscoe Elementary School library on Saturday mornings
from 10:00 a .m . until l :00 p.m . including school staffing to include one
custodian who will ensure the building is open and security procedures
are followed , as provided by the grant ; and
(ii) a FWISD library professional who will check out the school 's materials
and assist participants in the use of the library's resources, including the
computers ; and
Mornings ide Parent Engagement
FWISD In terlocal Agreement Page 2 of6
(iii) acce to th e library ' c ll ect ion for brow in g and b rr wing thr ugh
checkout; and
(iv) u e of th library ' mput r by pro gram participant ; and
(v) monthly invoices to the ort Worth Library for actual cost to be
re imbur ed a pr vid d by th e grant for: taffing up t a total amount of
$5 ,000 .00 ; and lo l or damage d mate rial up to a total amount of
$2 ,500 .00 ; and
(vi) active promotional and c mmunication upport to the Bri coe
lem e ntary chool , th e ne ighborin g community and p tential
participants ; and
(vii) administrative s upport neces ary to s ucc e s fully provide serv ice and
resources ; and
(viii) statistics and data regarding th e us e of th e FWI D library mate rial by
participants ; and
(ix) participation in collaborative mee tings and discus ion s by ke y FWI D
staff to plan, review , monitor and evaluate th e program , it outcomes
and impact ; and
(x) In the Fall of th e 2015-16 , school staff will offer qualitative feedback
about whether participating in th e program affected engagement of those
parents at the school the following year.
2 . Goal. The primary goal of th e Morningside Parent Engagement Program is to
assist parents of children age birth to 5 year in the Morningside neighborhood in
preparing their children for kindergarten .
3. Funding. City agrees to pay FWISD $7 ,500.00 to fund the operation of th e Briscoe
Elementary School lib rary on Saturdays during the term of the Morningside Parent
Engagement Program .
4. Term. The term of thi s Agreement shall begin on October 15 , 2014 and expire on
September 30 , 2015.
5. Fiscal Funding Limitation. In the event no funds or insufficient funds are
appropriated and budgeted or are otherwise unavailable by any means whatsoever
in any fiscal period for payments due under this contract , then the City will
immediately notify Dr. Patricia Linares of such occurrence and this contract shall
be terminated on the last day of the fiscal period for which appropriations were
received without penalty or expense to the City of any kind whatsoever, except to
the portions of annual payments herein agreed upon for which funds shall have been
appropriated .
6 . 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
Morningside Parent Engagement
FWISD Interlocal Agreement Page 3 of6
Agreement tenninated . If the d faulting party d e not cure or c rrect uch breach
within the thirty (30) day p riod , th notifying party shall have the right to de !are
this Agreem nt immediat ly t nninated and neither party hall have further
re spo nsibi lity or liability her under.
7 . Notices.
City:
City of Fort Worth
Library Department
500 West 3rd Street
Fort Worth , Texas 76102
FWI D :
Fort Worth Independent School District
I 00 North University Drive
Fort Worth , Texas 76107
attn: Dr . Patricia Linares
8. Independent Contractor. FWI D shall perform all work and services hereunder
as an independent contractor, and not as an officer, agent, servant or employee of
the City . FWISD shall have exclusive control of, and the exclusive right to control
the details of the work performed hereunder, and all persons performing same , and
shall be solely responsible for the acts and omissions of its officers , agents ,
employees and subcontractors . Nothing herein shall be construed as creating a
partnership or joint venture between the City and FWISD, it s officers, agents ,
employees and subcontractors . The doctrine of respondent superior has no
application as between the City and FWISD.
9. Nondiscrimination. The City and FWISD agree that in the execution,
perfonnance, or attempted performance of this Agreement , they will not
discriminate against any person or persons because of race , color, national origin,
religion , handicap , sex, sexual orientation, gender identification or familial status .
10. Severability. If any provision of this Agreement is held to be invalid , illegal or
unenforceable , the validity , le gality and enforceability of the remaining provisions
shall not in any way be affected or impaired .
11. Non-Waiver. The failure of either Party 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 Consultant 's right
to assert or rely on any such tenn or right on any future occasion.
Morningside Parent Engagement
FWISD lnterlocal Agreement Page 4 of6
12 . Notice of laim . FWI D and ity agree to notify the other promptly up n the
receipt of any claim or law uit br ught in connection with any injury , death or damages
related to thi Agreem nt. WI D and ity agree t make th e ir offic r , agent , and
employee availab l at a ll rea nabl time fi r any tatement and ca e preparation
necessary for the defen e of any c laim or litigation for which th e other party may be
res pons ibl e hereunder. Nothing herein shall be deemed to constitute a waiver of any
immunity or affirmative defen e that may be a erted by FWI D or the ity a to any
claim of any third party . N thing herein shall be con trued in any manner, to create a
cau e of action for the benefit of any per on not a party to thi Agreement or to create
any ri ghts for the benefit of any per on not a party to this Agreement not otherwi e
existing at law .
13 . No Third-Party Beneficiarie . The prov1S1on and conditions of this
Agreement are solely for the benefit of the City and FWI D, and any lawful
assign or successor of FWISD, and are not intended to create any rights,
contractual or otherwise, to any other per on or entity.
14 . 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 di sturbances; acts of public enemies; wars ; blockades ; in surrections; riots ;
ep idemics ; publi c 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 a Level
Orange or Level Red Alert by th e United States Department of Homeland Security;
any arrests and re straints; civil disturbances ; or explosions ; or some other reason
beyond the Party 's reasonable control (collectively , "Force Majeure vent"), the
obligations so affected by such Force Majeure Event will be suspended only during
the continuance of such event.
15 . 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 -Fort Worth Division.
16 . Headings. Headings and titles used in thi s Agreement are for reference purposes
only and shall not be deemed a part of this Agreement. The paragraph headings
contained herein are for the convenience in reference and are not intended to define
or limit the scope of any provision of this Contract.
Morningside Parent Engagement
FWISD Interlocal Agreement Page 5 o f6
17 . Entire Agreement. Thi written in trument c n titute the entir und er tanding f
the parties hereto cone ming th w rk and ervice to be performed . Any prior or
contemporan ou oral r writt n agre m nt that purp rt t vary fr m th t rm
hereof shall be void .
18 . Amendment. No amendment, modification or alteration of the term of thi
Agreement s hall be binding unless the ame is in writing , date d subsequ nt to th e
date hereof, and duly e ecuted by the partie hereto.
19 . Contract Construction. The Partie acknowledge that each Party and its counsel
have reviewed and revi ed thi Agre ment and that the normal rule of con truction
to th e effect that any ambiguitie are to be resolved against the drafting party hall
not be employed in the interpretation of this Agreement or exhibits hereto.
20. Counterparts. This Agreement may be exec uted in one or more counterparts and
each counterpart shall , for all purpo e , be deemed an original , but all such
counterparts shall together constitute but one and the same instrument.
IN WITNESS THEREOF, the parties hereto have executed this Agreement to be
effective on October 15 , 2014.
CITY OF FORT WORTH:
ATTEST: By ~~~~
j i;y Mary J. Kayser,
~ City Secretary
APPROVED AS TO FORM
AND LEGALITY:
By:Ch~~
Charlene Sanders
Assistant City Attorney
M&C: b:\~33~
Date : lOflLl.f}Lj
Morningside Parent Engagement
FWISD Interlocal Agreement
....
By :-w,....,. _ _pc.,___..._-3, __________ _
orm Robbin s, President , Board of Education ,
Fort Worth ISO
By :-------'"'-------------
Valerie Carrillo, Attorney for
Fort Worth ISO
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 6 of6
City of Fort Worth~ Texas
Mayor and Council Communication
COUNCIL ACTION:< Approved on -10/14/201_4 ;. Ordinance -No~ ~1503-10-20f4
DATE: Tuesday, October 14, 2014 REFERENCE NO.: G-18338
LOG NAME: 842014 MORNINGSIDE COLLABORATION GRANT
SUBJECT:
Ratify Application for and Authorize Acceptance of a Morningside Briscoe Parent Engagement
Collaboration Grant from the Miles Foundation , the Morris Foundation and the Rainwater Charitable
Foundation in the Amount of $19,318.00, Authorize Execution of the Grant Agreements, Authorize an In-
Kind Match in an Amount Up to $17,800.00, Authorize Use of Anticipated Interest in an Amount Up to
$50.00, Authorize Execution of an lnterlocal Agreement with Fort Worth Independent School District in the
Amount Up to $7,500 .00 for School Library Operation on Saturdays and Adopt Appropriation
Ordinance (COUNCIL DISTRICTS 8 and 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Ratify the application for and authorize acceptance of a Morningside Briscoe Parent Engagement
Project grant from the Miles Foundation, the Morris Foundation and the Rainwater Charitable
Foundation for the Library Department for the period of October 1, 2014 through July 31, 2015 in the
total amount of $19,318 .00;
2. Authorize the execution of the related Grant Agreements with each of the foundations;
3. Authorize the City to provide an in-kind match in an amount up to $17,800 .00;
4 . Authorize the use of anticipated interest in an amount up to $50 .00;
5. Authorize the execution of an lnterlocal Agreement with Fort Worth Independent School District in
the amount up to $7 ,500.00 for the operation of the Briscoe Elementary School library on Saturdays
from October 18, 2014 through the duration of the Morningside Briscoe Parent Engagement
Project ; and
6. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund in the amount of $37 ,168.00, upon receipt of the grant.
DISCUSSION:
The Morningside neighborhood of Fort Worth has been identified as an area of high need to improve
educational outcomes for children. Because children who enter kindergarten ready for school have been
shown to have better educational outcomes than their peers who lack the necessary skills and because
parents are young children's first teachers, strategies are under way to reach parents whose children are
not enrolled in pre-kindergarten programs. In April 2014 the Miles Foundation, the Morris Foundation and
the Rainwater Charitable Foundation jointly issued a Request for Proposals (RFP) for grants to support
parent engagement/education efforts in the Morningside neighborhood for families with children ages birth
to five years old . In response to this RFP, the City of Fort Worth Library Department (Library) submitted a
Logname: 842014 MORNINGSIDE COLLABORATION GRANT Page 1 of2
proposal , in conjunction with several partners, for a Morningside Parent Engagement Project.
The program activities will engage parents and their children at Fort Worth Independent School District's
(FWISD) Briscoe Elementary School in early learning and literacy readiness and familiarize these families
with the school before the children enter kindergarten. The Library's partners in this project are Briscoe
Elementary School in the FWISD , The Parenting Center and Literacy United . The Library's Youth and
Teen Services staff will conduct programs as an in-kind match in an amount up to $17 ,800 .00. The
Parenting Center and Literacy United w ill also conduct programs .
Funding for the Morningside Parent Engagement Project is funded as follows:
Miles Foundation
Morris Foundation
Rainwater Charitable Foundation
Total
$ 4 ,829 .50
$ 4 ,829 .50
$ 9,659 .00
$19,318.00
Up to $7,500 .00 will reimburse the FWISD for the additional cost of operating the school library on
Saturdays for the duration of the project, $11 ,128 .00 will fund the costs of learning materials , books and
other supplies, and $690.00 will fund consultant costs of Literacy Un ited to deliver programs . Anticipated
interest of $50 .00 will be used to further the program objectives.
FISCAL INFORMATION/ CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations,
receipt of the grant and adoption of the attached appropriation ordinance, funds will be available in the
current operating budget , as appropriated , of the Grants Fund .
FUND CENTERS:
TO Fund/Account/Centers
5) GR76 488928 084464729000
4 & 5) GR76 441012 084464729000
5) GR76 5 (VARIOUS) 084464729010
3 & 5) GR76 488339 084464729020
3 & 5) GR76 517040 084464 729020
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
FROM Fund/Account/Centers
$19,318 .00 6) GR76 539120 084446729010
$50 .00
$19,368 .00
$17,800.00
$17 ,800 .00
Charles Daniels (6199)
Gleniece Robinson (7706)
Cindy Gray (6294)
1. 842014 v2 MORNINGSIDE COLLABORATION GRANT AO FY2015 .docx (Public)
Logname : 8420 14 M ORNINGS IDE COLLAB ORATION GRANT
$7,500.00
Page 2 of2