HomeMy WebLinkAboutContract 41233 CITY SECRETARY
INTERLOCAL AGREEMENT CONTRACT NO,
BETWEEN
FORT WORTH INDEPENDENT SCHOOL DISTRICT
AND THE CITY OF FORT WORTH
This INTERLOCAL AGREEMENT is made and entered into this the day of
y c� 2010 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 located within Tarrant County, Texas (the
"FWISD").
RECITALS
This Agreement is made under the authority granted to the CITY and the FWISD by and
pursuant to the Texas Government Code, Chapter 791, known as the INTERLOCAL
COOPERATION ACT.
WHEREAS, the City Council of Fort Worth and the Fort Worth Independent School
District Board of Trustees have determined that the security and well-being of students at middle
and elementary schools during after-school hours of 3:00 to 6:00 PM are of prime importance;
and
WHEREAS, the City Council of Fort Worth and the Fort Worth Independent School
District Board of Trustees by consensus agree that the activities of elementary and middle school
children during these critical hours are of paramount importance to both government entities; and
WHEREAS, FWISD and CITY entered into an Interlocal Agreement under City
Secretary Contract Number 34498 to authorize a Coordinating Board and to operate after-school
programs at selected schools as a juvenile crime prevention measure; and
WHEREAS, FWISD and CITY entered into an Interlocal Agreement under City
Secretary Contract Number 36891 to amend and extend the terms of City Secretary Contract
Number 34498 for the 2007-2008 school year; and
WHEREAS, FWISD and CITY entered into an Interlocal Agreement under City
Secretary Contract Number 34498-A2 to amend and extend the terms of City Secretary Contract
Number 34498 for the 2008-2009 school year;
WHEREAS, FWISD and CITY entered into an Interlocal Agreement under City
Secretary Contract Number 34498-A3 to amend and extend the terms of City Secretary Contract
Number 34498 for the 2009-2010 school year;
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Interlocal Agreement For Como Flementar� School Year 2010-2011
Page I of 8
WHEREAS, FWISD and CITY entered into an Interlocal Agreement under City
Secretary Contract Number to amend and extend the terms of City Secretary
Contract Number 34498 for the 2010-2011 school year; and
WHEREAS, the Coordinating Board for the FWISD, pursuant to its powers and the terms
under City Secretary Contract Number 34498 as renewed and amended, has designated the
CITY, through its Parks and Community Services Department, to provide the after school
program at Como Elementary School;
NOW THEREFORE, in consideration of the mutual covenants herein expressed, the
CITY, acting by and through its duly authorized Assistant City Manager, and FWISD, acting by
and through its duly authorized superintendent;-do hereby cov-enant and agree as follows:
AGREEMENT
Pursuant to the designation by the FWISD Coordinating Board under the terms of City
Secretary Contract No. 34498 as renewed and amended, the CITY and FWISD agree that:
1. SCOPE OF SERVICES. The CITY will implement and operate the after school
program at Como Elementary School pursuant to the terms of City Secretary
Contract No. 34498 as renewed and amended. The Coordinating Board, as
authorized under City Secretary Contract No. 34498 as renewed and amended,
shall oversee the implementation and operation of said programs.
2. GOALS AND MISSION STATEMENT. The mission of the After-School
Program at Como Elementary School shall be:
"To enable needs-based after-school programs in a safe environment that result in
educational, physical, and social development for elementary and middle school
aged children."
Goals of the After-School Program shall include, at a minimum:
➢ To provide homework assistance, tutorial, and relevant educational
programs
➢ To improve the awareness of the importance of learning
➢ To reduce the level of truancy
To address the students physical needs
➢ To provide activities that promote social development
➢ To reduce juvenile arrests
➢ To reduce juvenile victims of crimes during the target hours
Operational Imperatives are:
Interlocal Agreement For Como Elementary School Year 2010-2011 Page 2 of 8
I. To establish program goals and objectives that are measurable and result
in desired outcomes through a scientific evaluation process
2. To ensure that program participants achieve improvement in core program
outcomes through an accountable system of measurement
3. To ensure that existing programs are not duplicated, or if appropriate, are
expanded or complimented through an inventory and evaluation of
existing programs.
3. FUNDING.
FWISD agrees to pay the CITY Fifty Thousand Seventy-Six Dollars and 00/100
($50,06.00) to fund the operation of the After-School Program at Como
Elementary School.
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.
4. TERM. The term of this Agreement is for a period beginning on August 1, 2010, and
ending on July 31, 2011 and shall cover the entire 2010-2011 school year.
5. NON-APPROPRIATION OF FUNDS. It is expressly understood and agreed between
the parties that this Agreement is wholly conditioned upon the actual receipt by the
CITY of funds from the Fort Worth Crime Control and Prevention District. If for any
reason, at any time during any term of this Agreement, the City Council fails to
appropriate funds sufficient for the CITY to fulfill its obligations under this Agreement,
the CITY may terminate this Agreement to be effective on the later of(i) thirty (30) days
following delivery by the CITY to FWISD of written notice of the CITY's intention to
terminate or(ii)the last date for which funding has been appropriated by the City Council
for the purposes set forth in this Agreement.
6. TERMINATION OF AGREEMENT. If the CITY or the FWISD fails, for any reason,
to perform any provision of this Agreement, this Agreement may be terminated if the
default continues for a period of thirty (30) days after the notifying party notifies the
defaulting party in writing of the default and its intention to declare this Agreement
terminated. If the defaulting party 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.
This Agreement may be terminated by either party, in whole or in part at any time with
or without a 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.
Interlocal Agreement For Como Elementary School Year 2010-2011 Page 3 of 8
7. NOTICES. Notices to be provided hereunder shall be sufficient if forwarded to the
other party by hand-delivery or via U.S. Postal Service certified mail, postage prepaid,
to the address of the other party shown below:
If to CITY If to FWISD
Charles W. Daniels Melody A. Johnson, Ph.D.
Assistant City Manager Superintendent
City of Fort Worth Fort Worth Independent School District
1000 Throckmorton St. 100 N. University Dr.
Fort Worth, Texas 76102 Fort Worth, Texas 76107
(817) 392-6183 (817) 871-2000
8. 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 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, servants,
and employees. Neither CITY nor FWISD shall be responsible under the Doctrine of
Respondeat Superior for the acts or omissions of officers, members, agents, servants,
employees of the other. Nothing herein shall be construed as creating a partnership or
joint enterprise between CITY and FWISD.
9. NONDISCRIMINATION. Neither the CITY nor FWISD nor any of their respective
officers, members, agents, servants, employees, program participants, or
subcontractors, while engaged in performing this contract, 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.
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, race, religion, color, sexual orientation or national origin,
nor will FWISD permit its officers, agents, servants, employees, subcontractors, or
program participants to engage in such discrimination.
10. 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 federal or state agency, board or commission having
jurisdiction over the subject matter thereof, such invalidity shall not affect other
provisions which can be given effect without the invalid provision.
11. 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, provision, or covenant
of this Agreement shall be deemed to be a waiver or relinquishment to any extent of
Interlocal Agreement For Como Elementar) School Year 2010-2011 Page 4 of 8
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.
12. NOTICE OF CLAIMS. 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 respective officers,
agents, servants, and employees available at all reasonable times or any statements and
case preparation necessary for the defense of any claims or litigation for which the
other party may be responsible hereunder.
13. AFFECT ON THIRD PARTIES. Nothing herein shall be deemed to constitute a waiver
of any immunity or affirmative_defense, which 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.
14. INSURANCE. FWISD agrees to require its contractors to furnish the CITY with
certificates of insurance, acceptable to the CITY, as proof that they secured and paid for
a policy of commercial liability insurance covering all public risks related to work
performed under this Agreement.
15. 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 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 only during the continuance of such Event and any
time period applicable to performance of such obligations shall be extended for a period
of time equal to the duration of the Force Majeure Event.
16. HOMELAND SECURITY. If the United States Department of Homeland Security
issues a Level Orange, or Level Red Alert, CITY, in its sole discretion, after
consultation with FWISD, may cancel or postpone any scheduled event in the interest
of public safety. If CITY cancels an event, FWISD will be entitled to a refund of any
prior fees paid to the CITY.
17. APPLICABLE LAW.
(a) This contract shall be construed in accordance with the laws of the State Of
Texas.
Interlocal Agreement For Como Elementary School Year 2010-2011 Page 5 of 8
(b) Should any action, whether real or asserted, at law or in equity, arise out of
the execution, performance, attempted performance, or non-performance of
this Agreement, venue for said action shall lie in Tarrant County, Texas or
the Federal Court of the Northern District—Fort Worth Division.
18. HEADINGS. Headings and titles used in this Agreement are for reference purposes
only and shall not be deemed a part of this Agreement.
19. ENTIRE AGREEMENT. This written instrument constitutes the entire understanding
of 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.
20. AMENDMENT. No amendment, modification, or alteration of the terms of this
Agreement shall be binding unless the same is in writing, dated subsequent to the date
hereof, and duly executed by the parties hereto.
IN WITNESS WHEREOF, the parties hereto havp executed this Agreement in multiples
in Fort Worth, Tarrant County, Texas this day of 2010.
CITY OF FORT WORTH FORT WORTH INDEPENDENT
SCHOOL D TRIC
By: By: .
Charl s W. Daniels Melody . Jo so
Assistant City Manager Superin enden
APPROVED AS TO FORM
AND LEGALITY
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Assi t City Atto ey Attorney for Fort
Independent Scho70i/f �ct
Date: q'1( 110 Date: V
Contract Authorization
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Interlocal Agreement For Como Elementary School Year 2010-2011 Page 6 of 8
ATTEST: ATTEST:
Marty Hendri o�on�►'gg� T.A.fims
City Secretary pO� IF0)? 000
Secretary, Board of Education
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OFFICIAL RECORD
CITY SECRETARY
rT WORTH, TX
Interlocal Agreement For Como Flcmentar} School Year 2010-2011 Page 7 of 9
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Charles W. Daniels, Assistant City Manager, known to me to
be the person whose name is subscribed to the foregoing instrument, and acknowledged to me
that the same as the act of the City of Fort Worth and that he executed the same as the act of the
said City of Fort Worth for the purposes and consideration therein expressed and in the capacity
herein stated. 1
JaNXDER MY HAND AND SEAL OF OFFICE, this / day
of , 2010.
MARIA S.sANCHEZ Notary
MY COMMISSION EXPIRES
December 14,2013 Pub is in and for the State o Texas
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
on this day personally appeared Melody A. Johnson, PhD., Superintendent,
known to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that the same was for the purposes and consideration therein expressed, as
the act and deed of the Fort Worth Independent School District, and in the capacity therein
stated as its authorized officer or representative.
GIV N UNDER MY HAND AND SEAL OF OFFICE, this , -7 y of
4atNot Public in and fo
CynthiaD ReaoA ugh of Texas
I.t my a ma
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lnterlocal Agreement For Como Elementary School Year 2010-2011 Page 8 of 8
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoR�t1
COUNCIL ACTION: Approved on 9/1412010 -Ord. No. 19343-09-2010
DATE: 9/14/2010 REFERENCE NO.: C-24454 LOG NAME: 80FWISD10
CODE: C TYPE: NON-CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize the Execution of an Agreement with the Fort Worth Independent School District
in an Amount Up to $60,000.00 for Operation of the Fort Worth After School Program at
Como Elementary School for the 2010-2011 School Year and Adopt Appropriation
Ordinance (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute an agreement with the Fort Worth Independent School
District in an amount up to $60,000.00 to provide the Fort Worth After School Program at Como
Elementary School for the 2010-2011 school year; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund in an amount up to $60,000.00.
DISCUSSION:
On August 8, 2000, the City Council approved M&C C-18183, which authorized an agreement with
the Fort Worth Independent School District (FWISD) for the creation of a coordinating board and
operation of an after school program at selected FWISD schools to serve as a juvenile crime
prevention measure. The Parks and Community Services Department has been operating the Como
Elementary School site of this program since 2000.
Both the City and FWISD wish to continue this arrangement for the 2010-2011 school year.
The City will receive up to$60,000.00 for Como Elementary School. Funds will be reimbursed based
on actual expenditures, and the agreement term will run from August 1, 2010, through July 31, 2011
and encompass the entire 2010-2011 school year.
This program is located in COUNCIL DISTRICT 7.
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.
TO Fund/AccounVCenters FROM Fund/Account/Centers
GR76 488917 080449479010 $60,000.00
GR76 5
(VARIOUS) 080449479010 $60,000.00
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Submitted-for City__Manager's Office by Charles W. Daniels (6183)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: Sonia Singleton (5774)
ATTACHMENTS
DM_80FWISD 10 AO.doc
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