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No.
INTERLOCAL AGREEMENT
BETWEEN
THE CITY OF FORT WORTH
AND THE
FORT WORTH INDEPENDENT SCHOOL DISTRICT
This INTERLOCAL AGREEMENT ("Agreement") is made and entered this the 14th
day of October, 2014 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 Board of Trustees of the Fort Worth
Independent School District have determined that parent engagement is integral to successful
early educational efforts; and
WHEREAS, the City Council of Fort Worth and the Board of Trustees of the Fort Worth
Independent School District have determined that successful early education efforts lead to life-
long learning and productivity; and
WHEREAS, children who enter kindergarten ready for school have been shown to have
better educational outcomes than their peers who lack the necessary skills; and
WHEREAS,parents are the first teachers of young children; and
�+ WHEREAS,the Fort Worth Public Library, a department of the City, has applied for and
"I received grant funding to assist parents whose children are not enrolled in pre-kindergarten
� programs; and
m
MWHEREAS, the City and FWISD have enjoyed an extended relationship through
® multiple Interlocal Agreements to provide academic and cultural enrichment activities to the
community; and
OFFICIAL RECORD
Morningside Parent Engagement CITY SECRETARY
FWISD Interlocal Agreement Page I of 6
FT.WORTH,TX
WHEREAS, the FWISD will work with the City in presenting and administering the
Morningside Parent Engagement Program.
NOW THEREFORE, in consideration of the mutual covenants expressed herein, the
City, acting by and through its duly authorized Assistant City Manager, and the FWISD, acting
by and through its duly authorized acting superintendent, do hereby covenant and agree as
follows:
AGREEMENT
The City and FWISD agree as follows:
1. Scope of Services.
A. The City will provide:
(i) educational materials that can be distributed to participating families to
keep as they begin to build a home library; and
(ii) Fort Worth Library materials that can be borrowed through checkout
procedures; and
(iii) weekly programs conducted by Fort Worth Library staff and other
community partners; and
(iv) access to other Fort Worth Library programs that provide learning
opportunities, such as Worth Reading; and
(v) reimbursement to FWISD on a monthly basis for actual staff costs to
open the library approximately 38 Saturdays, up to a total of$5,000.00
as provided by the grant; and
(vi) reimbursement to the FWISD on a monthly basis for actual losses of
school library materials lost or damaged by the program participants, up
to a total of$2,500.00 as provided by the grant; and
(vii) in-kind match in an amount up to $17,800.00 in staffing to plan and
implement the grant program; and
(viii) administrative functions, recordkeeping, reporting and oversight of the
project.
B. The FWISD will provide:
(i) access to the Briscoe Elementary School library on Saturday mornings
from 10:00 a.m. until 1:00 p.m. including school staffing to include one
custodian who will ensure the building is open and security procedures
are followed, as provided by the grant; and
(ii) a FWISD library professional who will check out the school's materials
and assist participants in the use of the library's resources, including the
computers; and
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FWISD Interlocal Agreement Page 2 of 6
(iii) access to the library's collection for browsing and borrowing through
checkout; and
(iv) use of the library's computers by program participants; and
(v) monthly invoices to the Fort Worth Library for actual costs to be
reimbursed as provided by the grant for: staffing up to a total amount of
$5,000.00; and lost or damaged materials Lip to a total amount of
$2,500.00; and
(vi) active promotional and communication support to the Briscoe
Elementary School, the neighboring community and potential
participants; and
(vii) administrative support necessary to successfully provide services and
resources; and
(viii) statistics and data regarding the use of the FWISD library materials by
participants; and
(ix) participation in collaborative meetings and discussions by key FWISD
staff to plan, review, monitor and evaluate the program, its outcomes
and impact; and
(x) In the Fall of the 2015-16, school staff will offer qualitative feedback
about whether participating in the program affected engagement of those
parents at the school the following year.
2. Goal. The primary goal of the Morningside Parent Engagement Program is to
assist parents of children age birth to 5 years in the Morningside neighborhood in
preparing their children for kindergarten.
3. Funding. City agrees to pay FWISD $7,500.00 to fund the operation of the Briscoe
Elementary School library on Saturdays during the term of the Morningside Parent
Engagement Program.
4. Term. The term of this Agreement shall begin on October 15, 2014 and expire on
September 30, 2015.
5. Fiscal Funding Limitation. In the event no funds or insufficient funds are
appropriated and budgeted or are otherwise unavailable by any means whatsoever
in any fiscal period for payments due Linder this contract, then the City will
immediately notify Dr. Patricia Linares of such occurrence and this contract shall
be terminated on the last day of the fiscal period for which appropriations were
received without penalty or expense to the City of any kind whatsoever, except to
the portions of annual payments herein agreed upon for which funds shall have been
appropriated.
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
Morningside Parent Engagement
FWISD Interlocal Agreement Page 3 of 6
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.
7. Notices.
City: FWISD:
City of Fort Worth Fort Worth Independent School District
Library Department 100 North University Drive
500 West 3rd Street Fort Worth, Texas 76107
Fort Worth, Texas 76102 attn: Dr. Patricia Linares
8. Independent Contractor. FWISD shall perform all work and services 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 details of the work performed hereunder, and all persons performing same, and
shall be solely responsible for the acts and omissions of its officers, agents,
employees and subcontractors. Nothing herein shall be construed as creating a
partnership or joint venture between the City and FWISD, its officers, agents,
employees and subcontractors. The doctrine of respondent superior has no
application as between the City and FWISD.
9. Nondiscrimination. 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 race, color, national origin,
religion, handicap, sex, sexual orientation, gender identification or familial status.
10. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions
shall not in any way be affected or impaired.
11. Non-Waiver. The failure of either Party to insist upon the performance of any term
or provision of this Agreement or to exercise any right herein conferred shall not be
construed as a waiver or relinquishment to any extent of City's or Consultant's right
to assert or rely on any such term or right on any future occasion.
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FWISD Interlocal Agreement Page 4 of 6
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 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.
13. No Third-Party Beneficiaries. The provisions and conditions of this
Agreement are solely for the benefit of the City and FWISD, and any lawful
assign or successor of FWISD, and are not intended to create any rights,
contractual or otherwise, to any other person or entity.
14. 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 of emergency by the federal, state,
county, or City government in accordance with applicable law; issuance of a Level
Orange or Level Red Alert by the United States Department of Homeland Security;
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.
15. Applicable Law and Venue.
(a) This contract 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 Tarrant County, Texas or the
Federal Court of the Northern District—Fort Worth Division.
16. Headings. Headings and titles used in this Agreement are for reference purposes
only and shall not be deemed a part of this Agreement. The paragraph headings
contained herein are for the convenience in reference and are not intended to define
or limit the scope of any provision of this Contract.
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FWISD Interlocal Agreement Page 5 of 6
17. 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.
18. 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.
19. Contract Construction. 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 shall
not be employed in the interpretation of this Agreement or exhibits hereto.
20. Counterparts. This Agreement may be executed in one or more counterparts and
each counterpart shall, for all purposes, be deemed an original, but all such
counterparts shall together constitute but one and the same instrument.
IN WITNESS THEREOF, the parties hereto have executed this Agreement to be
effective on October 15, 2014.
CITY OF FORT WORTH: FORT WORTH INDEPENDENT
SCHO L DIST T
By&harles By:
niels onn Ro bbins, President, Board of Education,
Manager Fort Worth ISD
ATTEST:
By:
W`
Mary J. Kayser, $ 0
City Secretary %
APPROVED AS TO FORM
AND LEGALITY: �.r
By:�Nt By:
Charlene Sanders Valerie Carrillo, Attorney for
Assistant City Attorney Fort Worth ISD
M&C: (�. X331(
Date: IN
OFFICIAL RECORD
CITY SECREM.,7
Morningside Parent Engagement FT.WORTH, ff%K
FWISD Interlocal Agreement Page 6 of 6
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/1412014 - Ordinance-No. 21503.=10-2014
DATE: Tuesday, October 14, 2014 REFERENCE NO.: G-18338
LOG NAME: 842014 MORNINGSIDE COLLABORATION GRANT
SUBJECT:
Ratify Application for and Authorize Acceptance of a Morningside Briscoe Parent Engagement
Collaboration Grant from the Miles Foundation,the Morris Foundation and the Rainwater Charitable
Foundation in the Amount of$19,318.00, Authorize Execution of the Grant Agreements,Authorize an In-
Kind Match in an Amount Up to$17,800.00, Authorize Use of Anticipated Interest in an Amount Up to
$50.00, Authorize Execution of an Interlocal Agreement with Fort Worth Independent School District in the
Amount Up to $7,500.00 for School Library Operation on Saturdays and Adopt Appropriation
Ordinance (COUNCIL DISTRICTS 8 and 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Ratify the application for and authorize acceptance of a Morningside Briscoe Parent Engagement
Project grant from the Miles Foundation, the Morris Foundation and the Rainwater Charitable
Foundation for the Library Department for the period of October 1, 2014 through July 31, 2015 in the
total amount of$19,318.00;
2. Authorize the execution of the related Grant Agreements with each of the foundations;
3. Authorize the City to provide an in-kind match in an amount up to $17,800.00;
4. Authorize the use of anticipated interest in an amount up to$50.00;
5. Authorize the execution of an Interlocal Agreement with Fort Worth Independent School District in
the amount up to $7,500.00 for the operation of the Briscoe Elementary School library on Saturdays
from October 18, 2014 through the duration of the Morningside Briscoe Parent Engagement
Project; and
6. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund in the amount of$37,168.00, upon receipt of the grant.
DISCUSSION:
The Morningside neighborhood of Fort Worth has been identified as an area of high need to improve
educational outcomes for children. Because children who enter kindergarten ready for school have been
shown to have better educational outcomes than their peers who lack the necessary skills and because
parents are young children's first teachers, strategies are under way to reach parents whose children are
not enrolled in pre-kindergarten programs. In April 2014 the Miles Foundation, the Morris Foundation and
the Rainwater Charitable Foundation jointly issued a Request for Proposals (RFP) for grants to support
parent engagement/education efforts in the Morningside neighborhood for families with children ages birth
to five years old. In response to this RFP, the City of Fort Worth Library Department (Library) submitted a
Logname: 842014 MORNINGSIDE COLLABORATION GRANT Page I of 2
proposal, in conjunction with several partners, for a Morningside Parent Engagement Project.
The program activities will engage parents and their children at Fort Worth Independent School District's
(FWISD) Briscoe Elementary School in early learning and literacy readiness and familiarize these families
with the school before the children enter kindergarten. The Library's partners in this project are Briscoe
Elementary School in the FWISD, The Parenting Center and Literacy United. The Library's Youth and
Teen Services staff will conduct programs as an in-kind match in an amount up to $17,800.00. The
Parenting Center and Literacy United will also conduct programs.
Funding for the Morningside Parent Engagement Project is funded as follows:
Miles Foundation $ 4,829.50
Morris Foundation $ 4,829.50
Rainwater Charitable Foundation $ 9,659.00
Total $19,318,00
Up to $7,500.00 will reimburse the FWISD for the additional cost of operating the school library on
Saturdays for the duration of the project, $11,128.00 will fund the costs of learning materials, books and
other supplies, and $690.00 will fund consultant costs of Literacy United to deliver programs. Anticipated
interest of$50.00 will be used to further the program objectives.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations,
receipt of the grant and adoption of the attached appropriation ordinance, funds will be available in the
current operating budget, as appropriated, of the Grants Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
5)GR76 488928 084464729000 $19,318.00 6)GR76 539120 084446729010 $7,500.00
4&5)GR76 441012 084464729000 $50.00
5)GR76 5 (VARIOUS) 084464729010 $19,368.00
3 & 5)GR76 488339 084464729020 $17,800.00
3&5)GR76 517040 084464729020 $17,800.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Charles Daniels (6199)
Originating Department Head: Gleniece Robinson (7706)
Additional Information Contact: Cindy Gray (6294)
ATTACHMENTS
1. 842014 y2 MORN INGSIDE COLLABORATION GRANT AO FY2015 .docx (Public)
Logname: 842014 MORNINGSIDE COLLABORATION GRANT Page 2 of 2