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HomeMy WebLinkAboutContract 62209-A1First Amendment to Fort Worth City Secretary Contract No. 62209 Page 1 of 3 FIRST AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO. 62209 This First Amendment to Fort Worth City Secretary Contract No. 62209 ("Agreement") is made between the CITY OF FORT WORTH ("City"), a Texas home-rule municipal corporation through its duly authorized Assistant City Manager, and FORT WORTH INDEPENDENT SCHOOL DISTRICT. Hereinafter referred to as ("District"), acting by and through Dr. Karen Molinar, Interim Superintendent its duly-authorized representative. WHEREAS, the City and District entered into City Secretary Contract 62209 for a term that began on October 1, 2024; and WHEREAS, it is the collective desire of the City and District to amend the Agreement to change Section 18. Insurance Requirement. NOW, THEREFORE, the Parties, acting herein by the through their duly authorized representatives, enter into the followingagreement: I. AMENDMENT TO AGREEMENT The following terms are hereby amended to either replace any conflicting terms in the Agreement or shall be added to the terms and shall be binding and enforceable as if they were originally included therein. Section 18 of the Agreement is hereby amended as follows: 18.1 District shall procure and shall maintain during the term of this Agreement the following insurance coverage: (a)No provision herein shall prohibit the District from providing coverage required herein under a program of self-insurance as to insurance coverage and/or limits of insurance. If the District elects commercially available insurance coverage, such commercial insurance shall. (b) FWISD does not maintain Non-Profit Organization or Directors’ & Officers’ Liability Coverage. (c) Liability of a unit of local government, such as the District is limited to money damages in a maximum amount of $100,000 for each person and $300,000 for each single occurrence for bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property. 18. 2 District’s insurer(s) must be authorized to do business in the State of Texas for the lines of insurance coverage provided. FWISD maintains liability coverage with risk pools. FWISD cannot readily modify its risk financing mechanisms as it is a governmental entity. First Amendment to Fort Worth City Secretary Contract No. 62209 Page 2 of 3 18.3 Each insurance policy required herein shall be endorsed with a waiver of subrogation in favor of the City. Each insurance policy required by this Agreement, except for policies of worker's compensation or accident/medical insurance shall list the City as an additional insured. City shall have the right to revise insurance coverage requirements under this Agreement. 18.4 District further agrees that it shall comply with the Worker's Compensation Act of Texas and shall provide sufficient compensation insurance to protect District and City from and against any and all Worker's Compensation claims arising from the work and services provided under this Agreement. II. ALL OTHER TERMS SHALL REMAIN THE SAME All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. III. ELECTRONIC SIGNATURE This Amendment may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. A facsimile copy or computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the same effect as an original. [SIGNATURE PAGE FOLLOWS] [REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] First Amendment to Fort Worth City Secretary Contract No. 62209 Page 3 of 3 Effective as of the date signed by the Assistant City Manager below. City: By:___________________________ Name: William Johnson Title: Assistant City Manager Date: ___________________ District: Fort Worth Independent School District By:___________________________ Name: Dr. Karen Molinar Title: Interim Superintendent Date: ____________________ CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approval Recommended: By:______________________________ Name: Robert A. Alldredge Jr. Title: Executive Assistant Chief of Police Approved as to Form and Legality: By:______________________________ Name: Jerris Mapes Title: Senior Assistant City Attorney Contract Authorization: M&C: 24-0763 Date Approved: 09-17-2024 1295: N/A 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: Keith Morris Title: CCPD Partners City Secretary: By:______________________________ Name: Jannette S. Goodall Title: City Secretary City of Fort Worth, Mayor and Texas Council Communication DATE: 09/17/24 M&C FILE NUMBER: M&C 24-0763 LOG NAME: 35FY25 CCPD AFTER SCHOOL PROGRAMS SUBJECT (ALL) Authorize Execution of Agreements with Fort Worth, Keller, Crowley and White Settlement Independent School Districts for Operation of After-School Programs in a Total Program Amount Up to $1,911,300.00 for Fiscal Year 2025 RECOMMENDATION: It is recommended that the City Council authorize the execution of agreements with the Fort Worth, Keller, Crowley and White Settlement Independent School Districts in the total amount up to $1,911,300.00 for the operation of after-school programs at selected schools during Fiscal Year 2025. DISCUSSION: National research shows that adolescents are most at risk on school days between the hours of 3:00 p.m. and 6:00 p.m. of being a victim of a crime or committing a crime. In response to this concept, a multi-disciplinary task force was formed in 2001 consisting of City officials, school district personnel, and related service providers. This task force developed a coordinated program for Fort Worth Independent School District (ISD) schools that documented juvenile crime patterns. Each year since 2001, the City of Fort Worth (City) has funded after-school programs using appropriations from the Crime Control and Prevention District (CCPD). The participating school districts have expanded beyond Fort Worth ISD to include Keller ISD, Crowley ISD, and White Settlement ISD; however, only schools that lie within the boundaries of the City receive CCPD funding. Each district is responsible for the day-to- day administration of its after-school program and is required to establish program goals and objectives that are measurable and result in desired program outcomes. Today, the mission of the after-school programs is to provide a safe environment for educational, physical, and social development leading to a reduction in juvenile crime. This Mayor and Council Communication (M&C) is to authorize the execution of agreements with Fort Worth, Keller, Crowley, and White Settlement Independent Schools Districts in the total program amount up to $1,911,300.00 for the operation of after-school programs at selected schools during Fiscal Year 2024. Funding will be allocated as follows to each district in Fiscal Year 2025 on a reimbursement basis: • Fort Worth ISD funding in the amount up to $1,554,800.00; • Keller ISD funding in the amount up to $149,500.00; • Crowley ISD funding in the amount up to $149,500.00; and • White Settlement ISD funding in the amount up to $57,500.00. On August 20, 2024 the CCPD Board adopted the FY25 CCPD general budget, and authorized the transfer of funds to a life-to-date special project fund in the CCPD Community Based Fund (25100). At the time of this M&C the transfer of these funds is still in progress as the special project is being created. Funding will be budgeted in the CCPD Community Based Fund for the purpose of funding the CCPD Community Base Program FY25 project, as appropriated. These Agreements will be effective for three years, beginning October 1, 2024, and will end on December 31, 2027, with no renewals. This program serves ALL COUNCIL DISTRICTS. A Form 1295 is not required because: This contract will be with a governmental entity, state agency or public institution of higher education: School district FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation and adoption of the Fiscal Year 2025 Budget by the City Council, funds will be available in the Fiscal Year 2025 budget, as appropriated in the CCPD Community Based Fund for the purpose of funding the CCPD Community Base Program FY25 project. Prior to an expenditure being incurred, the Police Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office bk William Johnson 5806 Originating Business Unit Head: Neil Noakes 4212 Additional Information Contact: Elizabeth Garza 5571 Sarah Shannon 5254