HomeMy WebLinkAboutContract 46392 INTERLOCAL AGREEMENT BETWEE�Ov,,!TRXT NU.
FORT WORTH INDEPENDENT SCHOOL DISTRICT
AND THE CITY OF FORT WORTH
This INTERLOCAL AGREEMENT("Agreement")is made and entered into by and between the
CITY OF FORT WORTH, a home-rule municipal corporation of the State of Texas ("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("FWISD").
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 primary school district that serves residents of the City of Fort Worth is the
FWISD;
WHEREAS, increased academic and cultural enrichment activities outside the school day has
been identified as a major need by teachers, students,parents and community members;
WHEREAS, since 2004, the FWISD has designated the City, through its Parks and Community
Services Department, to operate a U.S. Department of Education funded program called the 215`Century
Community Learning Program at various FWISD schools,including Daggett Middle School;
WHEREAS, the purpose of the 215` Century Community Learning Program was to provide
academic enrichment programs and other activities to reinforce and complement the FWISD's regular
academic programs;
WHEREAS, funding for the 215` Century Community Learning Program has ended due to the
completion of the grant cycle;
WHEREAS, the FWISD, as part of its Fort Worth After School Program, has opted to continue
to fund efforts at Daggett Middle School through the FWISD's general fund with the intent that the same
purposes of the 21"Century Community Learning Program be carried forward;
WHEREAS, FWISD and the City wish to continue to provide academic enrichment programs
and other activities to reinforce and complement the FWISD's regular academic programs at Daggett
Middle School("Program");
NOW, THEREFORE, in consideration of the mutual covenants herein expressed the parties
agree as follows:
1.
OBJECTIVES AND GOALS
1.1. The primary objectives of the Program shall include the following:
1. Increase the academic achievement of students as shown by the number of students passing
all tests on State of Texas-mandated standardized tests and being promoted to the next
grade.
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TA 91 Increase the number of students who progress toward graduation as shown by reduction in
Offpp egg �p { the annual dropout rate.
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Interlocal Agreement Between FWISD and RECEIVED FB 04
The City for the FWISD Afterschool Community Learning Center Program 1 of 9
3. Increase the number of students who demonstrate increased proficiency in reading, science,
and mathematics as demonstrated through pre-and post-testing.
4. 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.
1.2. The primary goals of the 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 of
Texas 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.
2.
FUNDING
2.1. FWISD agrees to pay the City annually Forty-Eight Thousand Dollars and No Cents($48,000.00)
to fund the operation of the Program at Daggett Middle School. FWISD and the City agree that these
amounts fairly compensate the City for the operation of the Program. FWISD covenants and agrees that
the funding for this Agreement shall not include any money originating from the City, including, but not
limited to,funds from the City's Crime Control and Prevention District.
2.2. To receive funds under this Agreement, the City must submit written reimbursement requests to
the FWISD in a manner and form agreed to by the parties. FWISD agrees to reimburse the City for all
allowable expenses set forth in such reimbursement requests within thirty (30) days after receipt of the
request.
2.3. 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.
3.
TERM
3.1. The initial term of this Agreement shall be for a period of one year, effective beginning on
August 1,2014 and expiring on July 31,2015. The term of this Agreement may be renewed and extended
for five(5)additional one-year renewal periods upon mutual written agreement of the parties.
4.
CONTINGENCY
4.1 This Agreement is subject to availability of funds from the FWISD. All amendments and/or
extensions or subsequent contracts entered into for the same or continued purposes are executed
contingent upon the availability of funds. Notwithstanding any other provision in this Agreement or any
other document, this Agreement shall terminate in the event appropriated funds becoming unavailable.
The City will be reimbursed for all expenses incurred prior to the termination of this Agreement.
Interlocal Agreement Between FWISD and The City for Fort Worth 2 of 9
5.
ADMINISTRATION RECORD KEEPING
REPORTING AND OVERSIGHT
5.1 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,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.
5.2 City 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. Assist the program manager with brokering of services with other CBOs, FWISD staff, and
the City to provide enrichment and family literacy programs.
4. 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.
5. Provide activity coordination and communication.
6. Work with the academic liaison to schedule youth activities and integrate with academic
objectives.
7. Compile attendance and other records as required for compliance with the Program
requirements.
6.
FUNDING REQUIREMENTS
6.1. 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 the Program and will be administered in strict accordance with the following:
1. Grant funding shall not supplant current funding dedicated to after-school programs.
2. Funding for this Agreement is on a reimbursable basis and based on actual expenditures, not
budgeted amounts.
Interlocal Agreement Between FWISD and The City for Fort Worth 3 of 9
3. The total amount of expenditures to the City and the obligation of the FWISD under this
Agreement shall be limited to the availability of funds, but in no event shall exceed
$48,000.00 at Daggett Middle School.
4. The City shall submit weekly attendance reports to the FWISD. Failure to accurately
complete and submit weekly attendance data can result in termination from the Program.
5. 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
7.1. FWISD will:
1. Supervise, monitor, and guide to ensure alignment of project activities with Fort Worth
Afterschool 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,where applicable.
4. Identify appropriate FWISD students for referral and Program participation.
5. Obtain parental permission for student participation in the Program.
6. Provide appropriate student orientation
7. Work in cooperation with CBO to execute Program evaluation tools,as required, and provide
information to CBO.
7.2. City 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
4. Provide evaluation summary to the Fort Worth Afterschool personnel.
8.
PROGRAM PREPARATION
8.1. FWISD will:
1. Recruit Program staff:
a. Project Manager
b. Academic Liaison
C. Tutors
d. Teachers for academic activities
e. Librarians and tech lab staff
f. Monitors and custodial staff
2. Conduct Program training:
a. Contract with CBOs
b. Assist with CBO staff recruitment
Interlocal Agreement Between FWISD and The City for Fort Worth 4 of 9
C. Assist with recruitment of community organizations.
3. Make arrangements for United States Department of Agriculture approved snacks.
4. Make transportation arrangements.
5. Evaluation:
a. Plan for data collection
b. Develop pre-tests
9.
PROGRAM DEVELOPMENT
9.1. FWISD's Academic Liaison will:
1. Coordinate planning for tutoring.
2. Plan for use of libraries and tech labs.
3. Finalize teachers for academic activities.
4. Develop a disciplinary plan with CBO coordinator.
5. Ensure there are enough teachers to supervise during snack time.
6 Ensure adequate supervision at all times for students;class changes,dismissal;snack time.
9.2 City will:
1. Prioritize program needs with Academic Liaison
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.
9.3 City and FWISD's Academic Liaison will coordinate to do the following:
1. Student recruitment
a. Develop bilingual brochures and flyers.
b. Post on FWISD and City web sites.
C. Include in FWISD newspaper notes.
d. Make presentations at teachers' meetings.
e. Coordinate with the athletic program.
f. Make personal contacts with youth and parents.
2. 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
10.1. FWISD Academic Liaison will:
1. Continue recruitment activities.
2. Establish homework/tutoring space.
3. Coordinate additional hours for libraries and labs.
4. Assist with inclusion of state-mandated standardized tests in all CBO programs.
10.2. City will:
1. Continue recruitment activities
2. Coordinate all activities with Academic Liaison.
Interlocal Agreement Between FWISD and The City for Fort Worth 5 of 9
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.
10.3 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.
11.
INDEPENDENT CONTRACTOR
11.1 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.
11.2 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.
11.3 No provision of this agreement shall operate or be construed as a waiver by either party of any
immunity from liability which it has or could be asserted under the doctrine of governmental immunity or
any other immunity which it has under law.
12.
CLAIMS WAIVER OF IMMUNITY INSURANCE
12.1 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.
12.2 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.
12.3 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.
12.4 The City agrees to require its contractors to furnish FWISD with certificate 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.
Interlocal Agreement Between FWISD and The City for Fort Worth 6 of 9
13.
TERMINATION OF AGREEMENT
13.1 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.
13.2 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
14.1 Any notice provided for or permitted under this Agreement shall be made in writing and may be
given or served by(i)delivering the same in person to the party to be notified, or(ii)depositing the same
in the mail, postage prepaid, certified with return receipt requested, and addressed to the party to be
notified. If notice is deposited in the mail pursuant to (ii) or (iii) of this Section 10, 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:
Com: FWISD:
City of Fort Worth Fort Worth Independent School District
Parks and Community Services 100 North University Drive
Attn: Director Fort Worth,Texas 76107
4200 S. Freeway, Ste 2200 Attention: Miguel Garcia
Fort Worth TX 76115
With Copy to:
City of Fort Worth
City Manager and 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
15.1. Neither the City and FWISD, nor any of its 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.
15.2 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,
Interlocal Agreement Between FWISD and The City for Fort Worth 7 of 9
sexual orientation, national origin, or any other legally prohibited criteria, nor will FWISD permit its
agents,employees,subcontractors or program participants to engage in such discrimination.
16.
SEVERABILITY
16.1 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 that can be given effect without the invalid provision.
17.
WAIVER OF DEFAULT
17.1 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
18.1 This Agreement shall be construed in accordance with the laws of the State of Texas.
18.2 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 United States District Court for the Northern District of Texas—Fort
Worth Division.
19.
SUBCONTRACTING
19.1 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
20.1 This written instrument and any attached exhibits constitute 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
21.1 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.
Interlocal Agreement Between FWISD and The City for Fort Worth 8 of 9
22.1 This Agreement shall be binding upon the successors and assigns of both parties in like manner as
upon the original parties.
23.
FORCE MAJEURE
23.1 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, 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 during the
continuance of such event.
24.
SIGNATURE AUTHORITY
24.1 FWISD certifies that the person signing this Agreement has been properly delegated this
authority.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in Tarrant County,
Texas.
CITY OF FORT WORTH FORT WORTH INDEPENDENT
SCHOO ISTRICT
By By:
Sus n Alanis Patricia A. ares
ssistant City Manager Interim Su erintendent
Date: o) f 1 c S Date: I1 1
ATTEST: ATTEST
City Sec A utherland
S retary,Board of Education
t .d_e�ip000pOQ�Op
APPROVED AS TO FOS �\ j' �0 0
AND LEGALITY:
0
w 08 OOOO�OOn09
Tyler . Wallach Attorney for Fort Worth Independent School
Assistant City Attorney � � District
Authorization:
M&C#: C-27051
Date: October 21,2014
Interlocal Agreement Between FWISD and The City for Fort Worth9 of 9— --
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
WOR
CII COUNCIL AGENDA FORT T11
(
COUNCIL ACTION: Approved on 10/21/2014 -Ordinance No. 21508-10-2014
DATE: 10/21/2014 REFERENCE **C-27051 LOG NAME: 80FWASDAGGETT14
NO..
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of an Interlocal Agreement with the Fort Worth Independent School
District in an Amount Up to $48,000.00 to Operate the Fort Worth After School Program
at Daggett Middle School and Adopt Appropriation Ordinance (COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of an Interlocal Agreement with the Fort Worth Independent School
District in an amount up to $48,000.00 to operate the Fort Worth After School Program at Daggett
Middle School; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Grants Fund in the amount of$48,000.00.
DISCUSSION:
Since 2004, the City, through its Parks and Community Services Department, has been designated
by the Fort Worth Indendent School District (FWISD) to operate the 21st Century Community
Learning Center Program (Program) at Rosemont and Daggett Middle Schools. The purpose of the
Program, which is supported through funding by the U.S. Department of Education, is to provide
academic enrichment programs and other activities to reinforce and complement the regular
academic schedule of participating students. Program funding for these sites has ended due to the
completion of Grant Cycle 6. FWISD has opted to continue to fund efforts at Daggett Middle School
through the FWISD's general fund with the intent that the same purposes of the Program be carried
forward. Rosemont Middle School has opted to provide a site-based program, led by school staff, in
lieu of a community-based provider.
The City will receive up to the amount of$48,000.00 for the program at Daggett Middle School. The
FWISD will reimburse the City through its general funds based on actual expenditures, not budgeted
amounts. The term of this Agreement will be for one year effective beginning on August 1, 2014 and
expiring on July 31, 2015 and will include five, one-year renewal options.
The program is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations and adoption of the appropriation ordinance, funds will be available in the current
operating budget, as appropriated, of the Grants Fund.
TO Fund/Account/Centers FROM Fund/AccounVCenters
GR76 488917 080449754000 $48,000.00
GR76 5 $48,000.00
(VARIOUS) 080449754010
http://apps.cfwnet.org/council_packet/me_review.asp?ID=20222&counci1date=10/21/2014 1/27/2015
M&C Review Page 2 of 2
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: Sandra Youngblood (5755)
ATTACHMENTS
80 FWASDETT14 AO GR76.docx
http://apps.cfwnet.org/council_packet/mc—review.asp?ID=20222&councildate=1 0/21/2014 1/27/2015