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HomeMy WebLinkAboutContract 60939DocuSign Envelope ID: OD3A9136-3F40-4F36-896E-E6EBEOB39AE5 CSC No. 60939 CONSENT AGENDA ITEM BOARD MEETING December 12, 2023 TOPIC: APPROVE INTERLOCAL AGREEMENT BETWEEN FORT WORTH INDEPENDENT SCHOOL DISTRICT AND CITY OF FORT WORTH TO PROVIDE AFTER -SCHOOL SERVICES AT MULTIPLE SITES FOR THE SCHOOL YEAR 2023 - 2024 BACKGROUND: Fort Worth ISD (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 De Zavala Elementary School, Greenbriar Elementary School, D. McRae Elementary School and Seminary Hills Park Elementary School. The agreement outlines the respective and mutual responsibilities of the District and the City in the funding and administration of the afterschool program at these sites. Funds for these services have been budgeted and committed. Funds were approved at Board of Trustees meeting on Tuesday, June 27, 2023. 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 Multiple Sites for the School Year 2023 - 2024 2. Decline to Approve Interlocal Agreement Between Fort Worth Independent School District and the City of Fort Worth to Provide After -School Services at Multiple Sites for the School Year 2023 - 2024 3. 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 Multiple Sites for the School Year 2023 - 2024 FUNDING SOURCE: Additional Details General Fund 199-61-6299-395 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX DocuSign Envelope ID: OD3A9136-3F40-4F36-896E-E6EBEOB39AE5 COST: $158,028 (Funds approved by the Board of Education on June 27, 2023.) VENDOR(S)/PROVIDER(S): City of Fort Worth — Parks and Recreation PURCHASING MECHANISM: Competitive Solicitation PARTICIPATING SCHOOL(S)/DEPARTMENT(S)/EDUCATIONAL ENTITY: De Zavala Elementary School Greenbriar Elementary School D. McRae Elementary School Seminary Hills Park Elementary School RATIONALE: This service provision agreement between the District and the City provides for continuation of an after -school program and services to students at De Zavala Elementary School, Greenbriar Elementary School, D. McRae Elementary School and Seminary Hills Park Elementary School. INFORMATION SOURCE: Dr. David Saenz, Chief, Strategic Initiatives and Partnerships DocuSign Envelope ID: OD3A9136-3F40-4F36-896E-E6EBEOB39AE5 INTERLOCAL AGREEMENT BETWEEN 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"), acting by and through its duly authorized Assistant City Manager, and the FORT WORTH INDEPENDENT SCHOOL DISTRICT, a political subdivision of the State of Texas and a legally constituted Independent School District located in Tarrant County, Texas ("FWISD"). City and FWISD are referred to herein individually as a ("Party") and collectively as the ("Parties"). WHEREAS, this Agreement is made under the authority granted to the City and FWISD by and pursuant to the Texas Government Code, Chapter 791, known as the Interlocal Cooperation Act; WHEREAS, the primary school district that serves residents of the City of Fort Worth is FWISD; WHEREAS, increased academic and cultural enrichment activities outside the school day have been identified as a major need by teachers, students, parents, and community members; WHEREAS, since 2004, the City, through its Park & Recreation Department, has supported FWISD's operation of afterschool programs at various FWISD schools; WHEREAS, the purpose of the afterschool programs is to provide academic enrichment programs and other activities to reinforce and complement the FWISD's regular academic programs; WHEREAS, FWISD and the City wish to continue to provide academic enrichment programs and other activities to reinforce and complement FWISD's regular academic programs at Greenbriar Elementary School, DeZavala Elementary School, D. McRae Elementary School, and Seminary Hills Elementary School ("Program"); and NOW, THEREFORE, in consideration of the mutual covenants herein expressed the Parties agree as follows: SECTION 1 OBJECTIVES AND GOALS 1. 1. The primary objectives of the Program shall include the following: 1. Increase the academic achievement of students as shown by the number of students passing all tests on State of Texas -mandated standardized tests and being promoted to the next grade. 2. Increase the number of students who progress toward graduation as shown by a reduction in the annual dropout rate. 3. Increase the number of students who demonstrate increased proficiency in reading, science, and mathematics as demonstrated through pre and post testing. 4. Increase the number of students involved in positive youth development activities that occur outside school hours and that are designed to provide a safe haven for students while reducing disciplinary placements and juvenile crime. Interlocal Agreement between City of Fort Worth OFFICIAL RECORD and Fort Worth Independent School District Page 1 of 13 CITY SECRETARY FT. WORTH, TX DocuSign Envelope ID: OD3A9136-3F40-4F36-896E-E6EBEOB39AE5 1.2 The primary goals of the Program shall include the following: 1. Provide opportunities for academic enrichment, including providing tutorial services to help children, particularly students who attend low -performing schools, to meet the State of Texas and local student academic achievement standards in core academic subjects such as reading, mathematics, and science. 2. Offer participating students a broad array of additional services, programs, and activities that are designed to reinforce and complement the students' regular academic program. SECTION 2 FUNDING 2.1 FWISD agrees to pay the City annually: 1. Thirty -Nine Thousand Five Hundred Seven Dollars and Zero Cents ($39,507.00) to fund the operation of the Program at Greenbriar Elementary School. 2. Thirty -Nine Thousand Five Hundred Seven Dollars and Zero Cents ($39,507.00) to fund the operation of the Program at DeZavala Elementary School. 3. Thirty -Nine Thousand Five Hundred Seven Dollars and Zero Cents ($39,507.00) to fund the operation of the Program at D. McRae Elementary School. 4. Thirty -Nine Thousand Five Hundred Seven Dollars and Zero Cents ($39,507.00) to fund the operation of the Program at Seminary Hills Elementary School. 2.2 The Parties agree that these amounts fairly compensate the City for the operation of the Program. FWISD covenants and agrees that the funding for this Agreement shall not include any money originating from the City, including, but not limited to, funds from the City's Crime Control and Prevention District. 2.3 To receive funds under this Agreement, 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. 2.4 Pursuant to 791.011 of the Interlocal Cooperation Act, each Party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying party. SECTION 3 TERM 3.1 The initial term of this Agreement shall be for a period of one (1) year, effective beginning on July 1, 2023 and expiring on June 30, 2024 ("Initial Term"). 3.2 Renewals. The term of this Agreement may be renewed and extended for five (5) additional one-year renewal periods upon mutual written agreement of the Parties. Interlocal Agreement between City of Fort Worth and Fort Worth Independent School District Page 2 of 13 DocuSign Envelope ID: OD3A9136-3F40-4F36-896E-E6EBEOB39AE5 SECTION 4 CONTINGENCY 4.1 This Agreement is subject to the availability of funds from FWISD. All amendments and/or extensions or subsequent contracts entered into for the same or continued purposes are executed contingent upon the availability of funds. Notwithstanding any other provision in this Agreement or any other document, this Agreement shall terminate in the event appropriated funds become unavailable. The City will be reimbursed for all expenses incurred prior to the termination of this Agreement. SECTION 5 ADMINISTRATION, RECORD KEEPING, REPORTING AND OVERSIGHT 5.1 FWISD will: 1. Provide a project manager to help oversee grant implementation and supervision of a campus -level Coordinator. 2. Provide onsite program coordination, adequate project sites, and facility amenities. 3. Provide overall leadership through the FWISD Office of the Assistant Superintendent of Student Support Services. 4. Serve as fiscal agent for the grant project. 5. Provide fiscal management through the FWISD Offices, Accounting and Budget. 6. Provide administrative assistance with submittals for center expenses. 7. Act as a broker of services with Community Based Organization(s) ("CBO"), FWISD staff, and the City. 8. Coordinate with all centers to maximize resources. 9. Coordinate meetings between CBO and other project staff members. 10. Provide ongoing feedback, compilation, and dissemination to ensure continuous improvement. 5.2 City will: 1. Work collaboratively in the delivery of services. 2. Be responsible on a campus level for hiring, training, supervision, and terminating non- academic staff to meet FWISD guidelines and scheduling needs. 3. Assist the program manager with brokering of services with other CBOs, FWISD staff, and the City to provide enrichment and family literacy programs. 4. Work with the Coordinator to facilitate the plan for academic enrichment, use of campus facilities, and recruitment of staff to work in the Program. 5. Provide activity coordination and communication. 6. Work with the Coordinator to schedule youth activities and integrate those activities with academic objectives. 7. Compile attendance and other records as required for compliance with the Program requirements. SECTION 6 FUNDING REOUIREMENTS 6.1 All funding, including administrative costs, payroll, professional and contracted services, travel, printing, supplies, and materials, and other operations costs shall be limited to the funds acquired by the City from FWISD through the Program and will be administered in strict accordance with the following: Interlocal Agreement between City of Fort Worth and Fort Worth Independent School District Page 3 of 13 DocuSign Envelope ID: OD3A9136-3F40-4F36-896E-E6EBEOB39AE5 1. Grant funding shall not supplant current funding dedicated to after -school programs. 2. Funding for this Agreement is on a reimbursable basis and based on actual expenditures, not budgeted amounts. 3. The total amount of expenditures by the City and the obligation of the FWISD to reimburse the City under this Agreement shall be limited to the availability of funds, but in no event shall such amounts exceed $39,507.00 at Greenbriar Elementary School, $39,507.00 at DeZavala Elementary School, $39,507 at D. McRae Elementary School, and $39,507.00 at Seminary Hills Elementary School. 4. The City shall submit weekly attendance reports to FWISD. Failure to accurately complete and submit weekly attendance data can result in termination from the Program. 5. No funds may be used to pay for religious worship, instruction, or proselytization or for any equipment or supplies for such, or for construction, remodeling, repair, operation, or maintenance of any facility or part of a facility to be used for religious worship, instruction or proselytization. SECTION 7 GENERAL PROGRAM REOUIREMENTS 7.1 FWISD will: 1. Supervise, monitor, and guide to ensure alignment of project activities with Fort Worth Afterschool guidelines. 2. Provide internal and external evaluation services through the Grants and Development Department. 3. Provide grant compliance and project development assistance through the Grants and Development Department, where applicable. 4. Identify appropriate FWISD students for referral and Program participation. 5. Obtain parental permission for student participation in the Program. 6. Provide appropriate student orientation. 7. Work in cooperation with CBO to execute Program evaluation tools, as required, and provide information to CBO. 7.2 City will: 1. Provide a key basis for Program awareness. 2. Assist with the recruitment of students and families. 3. Work with FWISD to execute the Program evaluation. 4. Provide evaluation summary to the Fort Worth Afterschool personnel. SECTION 8 PROGRAM PREPARATION 8.1 FWISD will: 1. Recruit Program staff: a. Coordinator b. Tutors c. Teachers for academic activities Interlocal Agreement between City of Fort Worth and Fort Worth Independent School District Page 4 of 13 DocuSign Envelope ID: OD3A9136-3F40-4F36-896E-E6EBEOB39AE5 d. Librarians and tech lab staff e. Monitors and custodial staff 2. Conduct Program training: a. Contract with CBOs b. Assist with CBO staff recruitment c. Assist with recruitment of community organizations. d. Make arrangements for United States Department of Agriculture -approved snacks. e. Make transportation arrangements. 3. Evaluation: a. Plan for data collection b. Develop pre-tests SECTION 9 PROGRAM DEVELOP 9.1 FWISD's Coordinator will: 1. Coordinate planning for tutoring. 2. Plan for use of libraries and tech labs. 3. Finalize teachers for academic activities. 4. Develop a disciplinary plan with CBO coordinator. 5. Ensure there are enough teachers to supervise during snack time. 6. Ensure adequate supervision at all times for students; class changes, dismissal; and snack time. 9.2 City will: 1. Prioritize program needs with the Coordinator. 2. Ensure all staff attends required meetings. 3. Develop Program plans with staff. 4. Develop Program plans with other groups. 5. Ensure there is adequate staff to carry out disciplinary plans. 9.3 City and FWISD's Coordinator will coordinate to do the following: Student recruitment a. Develop bilingual brochures and flyers b. Post on FWISD and City websites c. Include in FWISD newspaper notes d. Make presentations at teachers' meetings e. Coordinate with the athletic program f. Make personal contact with youth and parents Volunteer Recruitment a. Work with School/Community Office b. Encourage parents to volunteer c. Recruit senior volunteers d. Make presentations to Adopt -A -School partners Interlocal Agreement between City of Fort Worth and Fort Worth Independent School District Page 5 of 13 DocuSign Envelope ID: OD3A9136-3F40-4F36-896E-E6EBEOB39AE5 SECTION 10 PROGRAM IMPLEMENTATION 10.1 FWISD Coordinator will: 1. Continue recruitment activities 2. Establish homework/tutoring space 3. Coordinate additional hours for libraries and labs 4. Assist with the inclusion of state -mandated standardized tests in all CBO programs. 10.2 City will: 1. Continue recruitment activities 2. Coordinate all activities with the Coordinator 3. Provide student programs with intentional academic elements in the areas of: a. Health and wellness b. Clubs and interest groups c. Life skills d. Creative Arts e. Service Learning 10.3 FWISD will: 1. Evaluation: a. Conduct prep -tests as needed b. Review attendance data collection and assist as needed with any difficulties c. Review other performance data collection SECTION 11 INDEPENDENT CONTRACTOR 11.1 The FWISD operates hereunder as an independent contractor and not as an officer, agent, servant, or employee of the City. The FWISD has the exclusive control of, and the exclusive right to control all work to be performed by the FWISD pursuant to this Agreement, and all persons performing the work, and to the extent allowed by law and without waiver of any immunity of defense, will be solely responsible for the acts and omissions of its officers, members, agents, and employees. The City will not be responsible under the doctrine of respondeat superior for the acts and omissions of the FWISD, its officers, members, agents, employees, or contractors. 11.2 The City operates hereunder as an independent contractor and not as an officer, agent, servant, or employee of the FWISD. The City will have the exclusive control of, and the exclusive right to control all work to be performed by the City pursuant to this Agreement and all persons performing the work, and will be solely responsible for the acts and omissions of its officers, members, agents, and employees. The FWISD will not be responsible under the doctrine of respondeat superior for the acts and omissions of the City, its officers, members, agents, or employees. 11.3 Nothing herein will be construed as the creation of a partnership or joint enterprise between the City and the FWISD. It is further understood that the City will, in no way, be considered a co -employer Interlocal Agreement between City of Fort Worth and Fort Worth Independent School District Page 6 of 13 DocuSign Envelope ID: OD3A9136-3F40-4F36-896E-E6EBEOB39AE5 or a joint employer of the FWISD or any employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers of the FWISD. Neither the FWISD, nor any officers, agents, servants, employees or subcontractors of the FWISD will be entitled to any employment benefits from the City. The FWISD will be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. SECTION 12 INSURANCE 12.1 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. FWISD agrees to carry insurance with a company that is licensed to do business in Texas and that such insurance coverage provided to City by FWISD is sufficient for purposes of the Agreement. All applicable policies shall name the City as an additional insured thereon, as its interest may appear. The term "City" shall include its employees, officers, officials, agents, and volunteers. Certificates of insurance evidencing that the FWISD has obtained all required insurance shall be delivered to and approved by the City's Risk Management Division prior to execution of this Agreement. SECTION 13 CLAIMS AND LIABILITY 13.1 Either Party agrees to notify the other Party promptly upon the receipt of any claim or lawsuit brought in connection with any injury, death, or damages on the Premises. Both Parties agree to make their officers, agents, and employees available to each other at all reasonable times for any statements and case preparation necessary for the defense of any claims or litigation for which a Parry may be responsible hereunder. 13.2 Without waiving any defenses including governmental immunity, each Parry to this Agreement agrees to be responsible for its own acts of negligence, which may arise in connection with all claims for damages, costs and expenses to any person or property that may arise out of or be occasioned by this Agreement or any of its activities, or from any act or omission of any employee, contractor, or invitee of the Parties to this Agreement. The provisions in this paragraph are solely for the benefit of the Parties to this Agreement and are not intended to create or grant any rights, contractually or otherwise to any third parry. SECTION 14 NOTICES 14.1 Notices required pursuant to the provisions of this Agreement will be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: Cam: City of Fort Worth Park & Recreation Director 4200 South Freeway, Suite 2200 Interlocal Agreement between City of Fort Worth and Fort Worth Independent School District FWISD: Dr. Ang6lica M. Ramsey Fort Worth ISD Superintendent of Schools 100 N. University Drive Page 7 of 13 DocuSign Envelope ID: OD3A9136-3F40-4F36-896E-E6EBEOB39AE5 Fort Worth, TX 76115 With Conies to: City of Fort Worth Attn: Assistant City Manager 200 Texas Street Fort Worth, TX 76102 City of Fort Worth Attn: City Attorney's Office 200 Texas Street Fort Worth, TX 76102 Fort Worth, TX 76107 With Coav to: Fort Worth Independent School District Attn: Legal Counsel 100 N. University Drive, SW 172 Fort Worth, TX 76107 SECTION 15 NONDISCRIMINATION 15.1 The Parties will not engage in any unlawful discrimination based on race, creed, color, national origin, sex, age, religion, disability, marital status, citizenship status, sexual orientation, or any other prohibited criteria in any decisions relating to this Agreement, and the Parties represent and warrant that, to the extent required by applicable laws, they are equal opportunity employers and will comply with all applicable laws and regulations in any employment decisions. SECTION 16 ASSIGNMENT 16.1 The City and the FWISD will not assign, sublet, subcontract, or transfer any interest in this Agreement without the written consent of the other party. Except as otherwise provided in this section, no assignment, delegation of duties, or subcontract under this Agreement will be effective without the written consent of the other Party. It is understood and agreed that the FWISD may use subcontractors for the construction and maintenance of the Improvement in accordance with the terms and conditions of this Agreement. The City may use contractors to perform its maintenance obligations under this Agreement. SECTION 17 PARTIES BOUND 17.1 This Agreement is binding upon the successors and assigns of both Parties in like manner as upon the original Parties. SECTION 18 APPLICABLE LAW AND VENUE 18.1 This Agreement will be governed by the laws of the State of Texas. Venue for any action brought to interpret or enforce, or arising out of or incident to, the terms of this Agreement will be in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. SECTION 19 SEVERABILITY OF PROVISIONS 19.1 If any of the Provisions contained in this Agreement are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability, will be construed as Interlocal Agreement between City of Fort Worth and Fort Worth Independent School District Page 8 of 13 DocuSign Envelope ID: OD3A9136-3F40-4F36-896E-E6EBEOB39AE5 if such invalid, illegal, or unenforceable provision had never been contained herein. SECTION 20 COMPLIANCE WITH LAWS 20.1 The Parties warrant that their obligations will be performed with due diligence in a safe and professional manner and in compliance with any and all applicable statutes, rules, and regulations. The Parties will comply with all federal, state, and local laws. SECTION 21 RIGHT TO AUDIT 21.1 The FWISD agrees that the City will, until the expiration of three (3) years after termination of this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of FWISD involving transactions relating to this Agreement. The FWISD agrees that the City will have access during normal working hours to all necessary FWISD facilities and will be provided with adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City will give the FWISD reasonable advance notice of intended audits. The City will be responsible for its own costs in conducting an audit. SECTION 22 REMEDIES, SEVERABILITY, HEADINGS 22.1 No right or remedy granted herein or reserved to the Parties is exclusive of any other right or remedy herein by law or equity provided or permitted but each will be cumulative of every other right or remedy given hereunder. The failure of any Party hereto to exercise the rights granted them herein upon the occurrence of any of the contingencies set forth in this Agreement will not in any event constitute a waiver of any such rights upon the occurrence of any such contingencies. 22.2 If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions, or any other part of this Agreement are for any reason held to be invalid, void, or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants conditions or any other part of this Agreement will remain in full force and effect and will in no way be affected, impaired or invalidated. 22.3 The headings in this Agreement are inserted for reference only and will not define or limit the provisions hereof. SECTION 23 AUTHORIZATION 23.1 The undersigned officers and/or agents are properly authorized to execute this Agreement on behalf of the Parties hereto and each party hereby certifies to the other Party that any necessary resolution or actions extending such authority have been duly passed and are now in full force and effect. SECTION 24 FORCE MAJEURE 24.1 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; Interlocal Agreement between City of Fort Worth and Fort Worth Independent School District Page 9 of 13 DocuSign Envelope ID: OD3A9136-3F40-4F36-896E-E6EBEOB39AE5 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 of the 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. SECTION 25 REVIEW OF COUNSEL 25.1 The Parties acknowledge that each Party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting Party will not be employed in the interpretation of this Agreement or exhibits hereto. SECTION 26 IMMIGRATION NATIONALITY ACT 26.1 The FWISD will verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by the City, the FWISD will provide the City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. The FWISD will adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any FWISD employee who is not legally eligible to perform such services. The FWISD will be responsible for any penalties, liabilities, or losses due to violation of this section by the FWISD or its employees, subcontractors, agents, or licensees. SECTION 27 MULTIPLE ORIGINALS AND ELECTRONIC SIGNATURES 27.1 The Parties may execute multiple originals and multiple counterparts of this Agreement, each of which will be considered an original document. 27.2 This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions (e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign. SECTION 28 SOLE AGREEMENT 28.1 This Agreement represents the entire Agreement by and between the parties and supersedes all previous letters, understanding or oral agreements between the City and FWISD. Any representations, promises, or guarantees made but not stated in the body of this Agreement are null and void and of no effect. Interlocal Agreement between City of Fort Worth and Fort Worth Independent School District Page 10 of 13 DocuSign Envelope ID: OD3A9136-3F40-4F36-896E-E6EBEOB39AE5 28.2 No Party may make, revise, alter, or otherwise diverge from the terms and conditions of this Agreement without a written amendment to this Agreement. Changes to this Agreement are subject to the approval of the City and FWISD's legal advisors and Board of Trustees. SECTION 29 PROHIBITION ON BOYCOTTING ENERGY COMPANIES 29.1 FWISD acknowledges that, in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, FWISD certifies that FWISD's signature provides written verification to the City that FWISD: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. (Signatures on the following page) Interlocal Agreement between City of Fort Worth and Fort Worth Independent School District Page 11 of 13 DocuSign Envelope ID: OD3A9136-3F40-4F36-896E-E6EBEOB39AE5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples. City: FWISD: \ D�ocuS�igned by: By: cv By: AU /3AL3 4hU4 Name: Jesica McEachern Name: r. �ngeYica`l. Ramsey Title: Assistant City Manager Title: Superintendent, Fort Worth ISD NL Date: Feb 13, 2024 Date: 12/13/2023 FORT WORTH INDEPENDENT SCHOOL DISTRICT BOARD OF EDUCATION By: c --� Ile .I , s'-,. Dr. Camille Rodriguez Board President Date: December 13, 2023 FORT WORTH INDEPENDENT SCHOOL DISTRICT STAFF ATTORNEY Bye �— Alexa der Athanason Staff A orney FOR CITY OF FORT WORTH INTERNAL PROCESSES: Approval Recommended: By 1o"? �9' Name: Dave Lewis Title: Deputy Director Park & Recreation Department By: �& � SZ Name: Kelli Pickard Title: Assistant Director Park & Recreation Department Interlocal Agreement between City of Fort Worth and Fort Worth Independent School District Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: Name: Sheri Endsley Title: District Superintendent Park & Recreation Department OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 12 of 13 DocuSign Envelope ID: OD3A9136-3F40-4F36-896E-E6EBEOB39AE5 Approved as to Form and Legality q By: Name: Trey Qualls Title: Assistant City Attorney Contract Authorization: M&C: 23-0667 Form 1295: N/A Interlocal Agreement between City of Fort Worth and Fort Worth Independent School District City Secretary: By: Name: Jannette S. Goodall Title: City Secretary 4.p44bdnIln 0 v� o °oo d d—°lo ss� 0 0 o dd'F °o o 000 p OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 13 of 13 8/10/23, 10:30 AM M&C Review CITY COUNCIL AGENDA Create New From This M&C DATE: 8/8/2023 REFERENCE NO.: **M&C 23-0667 LOG NAME: CODE: C TYPE: CONSENT PUBLIC HEARING: Official site of the City of Fort Worth, Texas FORT WORTH 80FWAS2023-2024 NO SUBJECT: (CD 6, CD 9, and CD 11) Authorize Execution and Acceptance of an Interlocal Agreement with the Fort Worth Independent School District to Operate the Fort Worth After School Program at Greenbriar, DeZavala, D. McRae, and Seminary Hills Elementary Schools with a Total Annual Reimbursable Expenditure Up to $158,028.00 and Adopt the Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution and acceptance of an Interlocal Agreement with the Fort Worth Independent School District to operate the Fort Worth After School Program at Greenbriar, DeZavala, D. McRae, and Seminary Hills Elementary Schools with a total annual reimbursable expenditure up to $158,028.00; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Other Fund in an amount up to $158,028.00, subject to receipt of the grant, for the purpose of funding the Fort Worth After School Program at Greenbriar, De Zavala, D. McRae, and Seminary Hills Elementary Schools. DISCUSSION: On June 27, 2023, the Fort Worth Independent School District (FWISD) Board of Trustees approved the City of Fort Worth as a Full -Service Provider with Fort Worth After School for the 2023- 2024 school year. The City will receive up to $158,028.00 for the program at Greenbriar, DeZavala, D. McRae, and Seminary Hills Elementary Schools. FWISD will reimburse the City through its general funds based on actual expenditures, not budgeted amounts. The City will submit monthly invoices to FWISD for reimbursement. No advanced funding will be provided. Up to 10 percent in administrative costs can be included as part of the budget. The goals of the program are to (1) Provide opportunities for academic enrichment, including providing tutorial services to help children, particularly students who attend low -performing schools, to meet State of Texas and local student academic achievement standards in core academic subjects such as reading, mathematics, and science; and (2) Offer participating students a broad array of additional services, programs, and activities that are designed to reinforce and complement the students' regular academic program. The City has received funding from FWISD to operate the Fort Worth After School Program for over 20 years. The term of this Agreement will be for one year effective beginning August 1, 2023 and expiring July 31, 2024, and will include five, one-year renewal options. The program is located in COUNCIL DISTRICTS 6, 9, 11. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, in the Grants Operating Other Fund. The Park & Recreation Department (and Financial Management Services) will be responsible for the collection and deposit of funds due to the City. Prior apps. cfwnet.org/counci I_packet/mc_review.asp? I D=31294&cou nciIdate=8/8/2023 1 /2 8/10/23, 10:30 AM M&C Review to an expenditure being incurred, the Park & Recreation Department has the responsibility to validate the availability of funds. This is a reimbursement grant. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID I I Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by_ Jesica L. McEachern (5804) Originating Department Head: Dave Lewis (5717) Additional Information Contact: Kelli Pickard (5461) ATTACHMENTS FWAS Allocations Memo.pdf (Public) ORD.APP 80FWAS2023-2024 21003 A023(r2) (1).docx (Public) apps. cfwnet.org/counci I_packet/mc_review.asp? I D=31294&cou nciIdate=8/8/2023 2/2