HomeMy WebLinkAboutContract 39597 OI Y SECRETARY
OONTRACT NO , S
INTERLOCAL AGREEMENT
BETWEEN
FORT WORTH INDEPENDENT SCHOOL DISTRICT
AND THE CITY OF FORT WORTH
This INTERLOCAL AGREEMENT is made and entered into this the 28th day of
August, 2009, by and between the CITY OF FORT WORTH, a home rule municipal corporation
of the State of Texas (the "CITY"), and the BOARD OF TRUSTEES of the FORT WORTH
INDEPENDENT SCHOOL DISTRICT, a political subdivision of the State of Texas and a
legally constituted Independent School District (the "FWISD").
RECITALS
This Agreement is made under the authority granted to the CITY and the FWISD by and
pursuant to Chapter 791 of the Texas Government Code, known as the INTERLOCAL
COOPERATION ACT.
WHEREAS, the Fort Worth Independent School District is the primary school district
that serves residents of the City of Fort Worth;
WHEREAS, teachers, students, parents, and community members have identified
increased academic and cultural enrichment activities outside the school day as a major need;
and
WHEREAS, Fort Worth Independent School District, through its 21" Century
Community Learning Center, has designated the City of Fort Worth, through its Parks and
Community Services Department, to provide the Community Learning Center program at
Rosemont Middle School and Daggett Middle School.
NOW THEREFORE, in consideration of the mutual covenants herein expressed the
parties agree as follows:
AGREEMENT
1. OBJECTIVES AND GOALS.
A. The primary objectives of the Community Learning Center Program shall include
the following:
1. Increase the Academic Achievement of students participating in the
Community Learning Center (CLC) as shown by the number of students
passing all tests state-mandated standardized tests and being promoted to
the next grade.
2. Increase the number of students participating in the CLC who progress
toward graduation as shown by reduction in the annual dropout rate.
3. Increase the involvement of. and commitment by, parents in the education
of their children b} increasing the percentage of families participating in
Tamil- literacti activities.
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
21" Century CLC
4. Increase the number of students who demonstrate improved proficiency in
reading, science, and mathematics as demonstrated through pre- and post-
testing.
5. 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.
B. The primary goals of the CLC 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 State 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;
3. Offer families of students served by the CLC opportunities for literacy and
related educational development.
2. FUNDING.
A. FWISD agrees to pay the CITY annually Sixty Eight Thousand Seven Hundred
and Sixty Dollars and 00/100 ($68,760.00) to fund the operation of the Community
Learning Center Program at Rosemont Middle School and Fifty Three Thousand One
Hundred and Twenty Dollars and 00/100 ($53,120.00) to fund the operation of the
Community Learning Center Program at Daggett Middle School. FWISD and the CITY
agree that these amounts fairly compensate the CITY for the operation of the Community
Learning Center Programs.
B. Pursuant to 791.011 of the Interlocal Cooperation Act, each party paying for
performance of governmental functions or services must make those payments from
current revenues available to the paying party. Payments will be due within 30 days from
receipt of invoice.
3. TERM. Subject to grant funding, the term of this Agreement is for a period of one year
beginning upon execution by all the parties and ending on July 31, 2010, with two (2) one-year
renewal periods upon mutual agreement of the parties.
4. CONTINGENCY. This Agreement is subject to availability of funds appropriated by
legislative act and the Texas Education Agency (TEA). All amendments and/or extensions or
subsequent contracts entered into for the same or continued purposes are executed contingent
upon the availability of appropriated 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.
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21s` Century CLC
5. ADMINISTRATION, RECORD KEEPING REPORTING AND OVERSIGHT
A. FWISD will:
1. Provide a Project Manager to help oversee grant implementation and
supervision of campus level Academic Liaison.
2. Provide onsite program coordination, adequate project site, and facility
amenities.
3. Provide overall leadership through the FWISD Office of the Deputy
Superintendent of Operations.
4. Serve as fiscal agent for the grant project.
5. Provide fiscal management through the FWISD Offices of 21S` Century,
Accounting and Budget.
6. Provide administrative assistance with submittals for center expenses.
7. Act as 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.
B. City of Fort Worth 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. Provide daily staff requirements, enrichment programs, and work with other
CBOs to provide enrichment and adult literacy programs.
4. Assist Program manager with brokering of services with other CBOs,
FWISD staff, and the CITY to provide enrichment and family literacy
programs.
5. Work with the Academic Liaison to facilitate the plan for academic
enrichment, use of campus facilities, and recruitment of staff to work in the
program.
6. Provide activity coordination and communication.
7. Work with the Academic Liaison to schedule youth activities and integrate
with academic objectives.
8. Compile attendance and other records as required for compliance with
program requirements.
6. FUNDING REQUIREMENTS. 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
21" Century CLC Program and will be administered in strict accordance with the
following:
A. Grant funding shall not supplant current funding dedicated to after-school
programs.
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21St Century CLC
B. Grant funding is on a reimbursable basis and based on actual expenditures, not
budgeted amounts.
C. The total amount of expenditures to the CITY and the obligation of the FWISD
under this Agreement shall be limited to the funds received by the Texas Education
Agency grant, but in no event shall exceed $68,760.00 at Rosemont Middle School and
$53,120.00 at Daggett Middle School.
D. The CITY shall submit weekly attendance reports via the 21" Century database.
Failure to accurately complete and submit weekly attendance data can result in
termination from the program.
E. Funds may only be used for eligible items. It is the CITY's responsibility to
ensure CITY CLC programs are spending the funds only on eligible supplies and
activities. If audited, the CITY will reimburse the FWISD for the total amount for any
expenditure that is not allowed by the grant and/or by the TEA. All refunds will be due
within 30 days of receipt of written notice that such money is due to the FWISD. If the
CITY fails to make timely payment, FWISD may obtain such funds from the CITY by
any means permitted by law, including but not limited to offset, counterclaim,
cancellation, termination suspension, and withholding of additional funds.
F. 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.
7. GENERAL PROGRAM REQUIREMENTS.
A. FWISD will:
1. Supervise, monitor, and guide to ensure alignment of project activities with
grant guidelines.
2. Provide internal and external evaluation services through the Research and
Evaluation Department.
3. Provide grant compliance and project development assistance through the
Grants and Development Department.
4. Identify appropriate FWISD students for referral and program participation.
5. Obtain parental permission for student participation in program.
6. Provide appropriate student orientation.
7. Work in cooperation with CBO to execute program evaluation tool (POE) as
required by TEA and provide information to CBO.
B. City of Fort Worth will:
1. Provide a key basis for program awareness.
2. Assist with recruitment of students and families.
3. Work with FWISD to execute the program evaluation tool (POE) as required
by TEA.
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21" Century CLC
4. Provide evaluation summary (POE) to the FWISD 21s' CLC personnel as
required by TEA.
8. PROGRAM PREPARATION.
A. FWISD will
1. Recruit FWISD staff:
a. Project Manager
b. Academic Liaison (AL)
C. Tutors
d. Teachers for academic activities
e. Librarians and tech lab staff
f. Monitors and custodial staff
2. Conduct 21St Century training.
3 Contract with CBOs.
a. Assist with CBO staff recruitment
b. Assist with recruitment of community organizations.
4. Make arrangements for USDA-approved snacks.
5. Make transportation arrangements.
6. Evaluation:
a. Plan for data collection
b. Develop pre-tests
9. PROGRAM DEVELOPMENT.
A. FWISD AL will:
1. Coordinate planning for tutoring.
2. Plan for use of libraries and tech labs.
3. Finalize teachers for academic activities.
4. Assist with planning for adult literacy activities.
5. Plan for monthly"family fun" academic nights.
6. Develop a disciplinary plan with CBO coordinator.
7. Ensure there are enough teachers to supervise during snack time.
8. Ensure adequate supervision at all times for students; class changes,
dismissal; snack time.
9. Student and family recruitment
a. Develop bilingual brochures and flyers.
b. Post on FWISD and City of Fort Worth web sites.
C. Include in FWISD newspaper notes.
d. Make presentations at teachers' meetings.
e. Coordinate with Athletic program.
f. Make personal contacts with youth and parents.
10. 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.
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21 sc Century CLC
B. City will:
1. Prioritize program needs with AL.
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.
6. Student and family recruitment
a. Develop bilingual brochures and flyers.
b. Post on FWISD and City of Fort Worth web sites.
C. Include in FWISD newspaper notes.
d. Make presentations at teachers' meetings.
e. Coordinate with Athletic program.
f. Make personal contacts with youth and parents.
7. 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.
10. PROGRAM IMPLEMENTATION
A. FWISD AL will:
1. Continue recruitment activities.
2. Establish homework/tutoring space.
3. Coordinate additional hours for libraries and labs.
4. Assist with inclusion of TEKS in all CBO programs.
5. Conduct monthly "family fun" academic activities.
B. CITY will:
1. Continue recruitment activities.
2. Coordinate all activities with AL.
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.
C. 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.
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21" Century CLC
11. INDEPENDENT CONTRACTOR. FWISD shall operate hereunder as an independent
contractor and not as an officer, agent, servant, or employee of the CITY. FWISD shall
have the exclusive control of, and the exclusive right to control, the work designated to
the FWISD to be performed hereunder and all persons performing the same and shall be
solely responsible for the acts and omissions of its officers, members, agents, and
employees. CITY shall not be responsible under the Doctrine of Respondeat Superior for
the acts and omissions of FWISD, its officers, members, agents, employees, or officers.
The CITY shall operate hereunder as an independent contractor and not as an officer,
agent, servant, or employee of the FWISD. The CITY shall have the exclusive control
of, and the exclusive right to control, the work designated to the CITY to be performed
hereunder and all persons performing the same and shall be solely responsible for the acts
and omissions of its officers, members, agents, and employees. FWISD shall not be
responsible under the Doctrine of Respondeat Superior for the acts and omissions of
CITY, its officers, members, agents, employees, or officers.
No provision of this Agreement shall operate or be construed as a waiver by either party
of any immunity from liability that it has or could be asserted under the doctrine of
governmental immunity or any other immunity that it has under law.
12. CLAIMS; WAIVER OF IMMUNITY. FWISD and CITY agree to notify the other
promptly upon the receipt of any claim or lawsuit brought in connection with any injury,
death, or damages related to this Agreement. FWISD and CITY agree to make their
officers, agents, and employees available at all reasonable times for any statements and
case preparation necessary for the defense of any claims or litigation for which the other
party may be responsible hereunder.
Nothing herein shall be deemed to constitute a waiver of any immunity or affirmative
defense that may be asserted by FWISD or the CITY as to any claim of any third party.
Nothing herein shall be construed in any manner to create a cause of action for the benefit
of any person not a party to this Agreement or to create any rights for the benefit of any
person not a party to this Agreement not otherwise existing at law.
The CITY agrees to require its contractors to furnish FWISD with certificates of
insurance, acceptable to the FWISD, as proof that the contractors secured and paid for a
policy of public liability insurance covering all public risks related to work performed
under this Agreement.
13. TERMINATION OF AGREEMENT.
A. 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 Agreement terminated. If the defaulting party
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21" Century CLC
does not cure or correct such breach within the thirty (30) day period, the notifying party
shall have the right to declare this Agreement immediately terminated, and neither party
shall have further responsibility or liability hereunder.
B. This Agreement may be terminated by either party, 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.
14. NOTICES. Any notice provided for or permitted under this Agreement shall be made in
writing and may be given or served by (i) delivering the notice in person to the party to
be notified, or (ii) depositing the notice in the certified mail, postage prepaid, with return
receipt requested, and addressed to the party to be notified, or (iii) sending the notice by
facsimile (fax) or telecopy, with a copy thereof sent by registered mail on the same day.
If notice is deposited in the mail pursuant to (ii) or (iii) of this section, it will be effective
upon receipt or refusal. For the purpose of notice, the addresses of the parties are, until
changed as provided below, as follows:
City:
City of Fort Worth FWISD:
Parks and Community Services Fort Worth Independent School
4200 S. Freeway, Ste 2200 District
Fort Worth TX 76115 100 North University Drive
With Copy to: Fort Worth, Texas 76107
Denis McElroy Attention: Miguel Garcia
Assistant City Attorney
1000 Throckmorton Street
Fort Worth, Texas 76102
However, the parties may from time to time change their respective addresses, and each
shall have the right to specify another address, which shall be effective following at least
ten days' written notice to the other party.
15. NONDISCRIMINATION.
A. Neither the CITY and FWISD, nor any of their officers, members, agents,
employees, program participants, or subcontractors, while engaged in performing this
Agreement, 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.
B. The CITY and FWISD agree that in the execution, performance, or attempted
performance of this Agreement, they will not discriminate against any person or persons
because of gender, religion, color, sexual orientation, or national origin, nor will FWISD
permit its agents, employees, subcontractors, or program participants to engage in such
discrimination.
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21" Century CLC
16. SEVERABILITY. 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 by a federal or state agency, board, or commission having
jurisdiction over the subject matter thereof, such invalidity shall not affect other
provisions that can be given effect without the invalid provision.
17. WAIVER OF DEFAULT. No waiver by the parties hereto of any default or breach or
the failure to insist upon the performance of any term, condition, provisions, or covenant
of this Agreement shall be deemed to be a waiver or relinquishment to any extent of any
other breach of the same or any other term, condition, provision, or covenant contained
herein or the right of the parties to assert or rely upon any such term.
18. APPLICABLE LAW.
A. This Agreement 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 state courts located in Tarrant County, Texas or the
United States District Court for the Northern District of Texas —Fort Worth Division.
19. SUBCONTRACTING. The CITY will not assign or subcontract any of its rights or
responsibilities under this Agreement without prior formal written amendment to this
Agreement properly executed by the CITY, FWISD, and the Texas Education Agency.
20. SOLE AGREEMENT. This written instrument together with any attached exhibits
constitutes the entire understanding between the parties hereto concerning the work and
services to be performed. Any prior or contemporaneous, oral or written agreement that
purports to vary from the terms hereof shall be void.
21. AMENDMENT. No amendment, modification, or alteration of the terms hereof shall be
binding unless the same is in writing, dated subsequent to the date hereof, and duly
executed by the parties hereto.
22. PARTIES BOUND. This Agreement shall be binding upon the successors and assigns of
both parties in like manner as upon the original parties.
23. 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
disturbances; acts of public enemies; 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 emergency by the federal, state, county, or City
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government in accordance with applicable law; 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 during the continuance of such event.
24. SIGNATURE AUTHORITY. FWISD certifies that the person signing this Agreement
has been properly delegated this authority.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement and any
attachments and exhibits in multiples in Fort Worth, Tarrant County, Texas, this the
)LV,4- day of �s� , 2009.
CITY OF FORT WORTH FORT WO INDEP ENT
SCHOO STRICT
By: By:
Charles WCDels President ad of ducation
y Mssistant it anager
Fort Worth Independent School District
ATTEST: ATTEST
S C4)1*
City Secret y SQ41tary
Bo d of Education
APPROVED AS TO FORM
AND LEGALITY:
D vi ett, i Atto ey
By:
As i ant Ci Attorney Attorney 4Wort pen dent School
District
OFFICIAL RECORD
i CITY SECRETARY
Page 10 of 10 6 FT. WORTH, TIC
M&C Review Page 1 of 2
CITY COUNCIL AGENDA FORTWORTII
COUNCIL ACTION: Approved on 10/20/2009 - Ord. No. 18877-10-2009
DATE: 10/20/2009 REFERENCE NO.: C-23869 LOG NAME: 80FWISD09
CODE: C TYPE: NON-CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize the Execution of an Agreement with the Fort Worth Independent School District
for the Operation of the Fort Worth After School Program in an Amount Up to $200,000.00
at Como Elementary School, Rosemont Middle School and Daggett Middle School for the
2009-2010 School Year and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute an Agreement with the Fort Worth Independent School
District to provide the Fort Worth After School Program at Como Elementary School, Rosemont
Middle School and Daggett Middle School in an amount up to $200,000.00 from September 1, 2009,
through August 31, 2010; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund in an amount up to $200,000.00.
DISCUSSION:
On August 8, 2000, (M&C C-18183) and September 21, 2004, (M&C C-20287) the City Council
approved Interlocal Agreements with the Fort Worth Independent School District (FWISD) for the
operation of after school programs at Como Elementary School and Rosemont and Daggett Middle
Schools. The program serves as a juvenile crime prevention measure by providing activities designed
to reinforce and complement the regular academic schedule of participating students and to provide
opportunities for literacy and related educational development to families of those students. Both the
City and the FWISD wish to continue this arrangement for the 2009-2010 school year.
The City will receive an amount up to $78,120.00 for Como Elementary School, $68,760.00 for
Rosemont Middle School and $53,120.00 for Daggett Middle School. The grant funds will be
reimbursed based on actual expenditures and the program period runs from September 1, 2009,
through August 31, 2010.
The programs are located in COUNCIL DISTRICT 7 and 9.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations, receipt of the executed Agreement and adoption of the attached appropriation
ordinance, funds will be available in the current operating budget, as appropriated, of the Grants
Fund.
http:H apps.cfwnet.org/council_packet/mc_review.asp?ID=12314&counciIdate=10/20/2009 12/4/2009
M&C Review Page 2 of 2
TO Fund/Account/Centers FROM Fund/Account/Centers_
(1) $200,000.00
GR76 488917 080449407000
(1) GR76 5 $78,120,0
(VARIOUS) 080449407010
j1)_GR76 5 $68,760.00
LARIOU _080449407020
(1) GR76 5 $531120.00
(VARIOUS) 080449407030
Submitted for City Manager's Office b Charles W. Daniels (6183)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: Anthony C. Meyers (5775)
ATTACHMENTS
80FWISD09 AO.doc
http:H apps.cfwnet.org/council_packet/mc_review.asp?ID=12314&counciIdate=10/20/2009 12/4/2009