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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. 1-- 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. Page 2 of 10 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. Page 3 of' 10 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. Page 4 of 10 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. Page 5 of 10 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. Page 6 of 10 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 Page 7 of 10 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. Page 8 of 10 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 Page 9 of 10 2151 Century CLC 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