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HomeMy WebLinkAboutContract 32375 My SF-rp TA,RY :odJTR�1c NO. 3L57 INTERLOCAL AGREEMENT BETWEEN FORT WORTH INDEPENDENT SCHOOL DISTRICT AND THE CITY OF FORT WORTH This INTERLOCAL AGREEMENT is made and entered into this the l day of4605, by and between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas, located within Tarrant, Denton, and Wise Counties, Texas (hereinafter referred to as 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. (hereinafter referred to as the"FWISD"). RECITALS The City and FWISD hereby agree that the following statements are true and correct and constitute the basis upon which the City and FWISD have entered into this Agreement: WHEREAS,this Agreement is made under the authority granted by and pursuant to Chapter 791 of the Texas Government Code; and WHEREAS, each governing body, in performing government functions or in paying for the performance of governmental functions hereunder, shall make the performance that performance or those payments from current revenues legally available to that party; and, WHEREAS, each governing body finds that the subject of this Agreement is necessary for the benefit of the public and that each has the legal authority to perform and to provide the government function or service which is the subject matter of this Agreement; and WHEREAS, each governing body finds that the performance of this Agreement is in the common interest of both parties and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and WHEREAS, each governing body agrees to share in the cost of these services described below; and WHEREAS,the Fort Worth Independent School District is the primary school district that serves residents of the City of Fort Worth; and WHEREAS, the City of Fort Worth Summer Day Camp program requires transportation to and from field trips for the participating children and the Fort Worth Independent School District owns and operates a bus system for the transportation of children; and WHEREAS, the performance of this Agreement by both the City and FWISD will be in the common interest of both parties and will benefit the general public; and NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: Page 1 of 8 Transportation ARTICLE 1. SCOPE OF SERVICES AND REQUIREMENTS §1.01. Scope of Services. FWISD shall provide the following services: A. Bus service for nineteen (19) City community centers and three (3) mobile recreation sites for a ten-week period beginning the first full week of June of each year for the purpose of transporting children to and from activities as determined by the City, such as swimming, museum and zoo visits, within the Fort Worth-Dallas Metroplex area. B. FWISD shall provide a minimum of sixteen (16) buses per day. Special field days, as identified by the City, will require an average of 27 buses. §1.02. FWISD Bus Requirements. A. All buses provided by FWISD will have a minimum passenger capacity of sixty (60) passengers. B. All buses will be equipped with air-conditioning. C. FWISD follows Federal guidelines for seatbelt use in school buses. The City requirement for seat belts has been waived per the request from FWISD. D. FWISD shall provide a minimum of one handicapped accessible bus for each day. The City Schedule Coordinator will notify FWISD if additional handicapped accessible buses are needed. FWISD will provide, and the City shall pay for, an additional attendant on each handicapped accessible bus if there is more than one person on board the bus that is using a wheelchair. §1.03. Date and Time of Service. A. Bus services will be required Monday through Friday for a ten-week period beginning the first full week of June each year. B. All buses will report to the scheduled community center or mobile recreation site as requested by the City Per direction of the YWISD, a bus may be required to report to more than one community center or mobile recreation in order to provide transportation. C. The FWISD Transportation Manager will make the final determination of the number of buses required. D. Buses will be required to be available for transport between the hours of 8:30 a.m. and 6:00 p.m. Monday through Friday. E. As determined by the City Schedule Coordinator, buses may be required to remain at the destination location to pick up and return passengers to point of origin. §1.04 Scheduling of Transportation. A. Scheduling will be arranged by electronic mail, followed by facsimile, to the persons designated by the City and FWISD. B. The City shall request bus service a minimum of twenty-four hours in advance before bus transportation service is required. Page 2of8 C. The City shall provide notice of cancellation of a request for bus transportation service no later than twenty-four hours prior to the time bus transportation service was requested. §1.05 Invoices. A. FWISD shall submit invoices to the City monthly by the 10'h day of the month following service provided by FWISD. FWISD shall submit its final billing to the City no later than the 10'h of September for processing within the City's fiscal year. All invoices will be paid by the city within 30 days of receipt. B. All invoices shall be mailed to the City at the address referenced in Section 8 below. Invoices sent to any other address will not be paid. C. Each invoice shall be itemized showing the community center or mobile recreation site served, the date of the trip, the time of pickup and return, the destination, and the mileage. D. Billing shall be for a flat hourly rate plus mileage as identified in Attachment A, incorporated and made a part of this Agreement. E. The City will not pay for incorrect charges or for properly cancelled trips. City will pay the cancellation rate identified in Attachment A for trips cancelled twenty-four hours in advance. F. The fiscal year for FWISD shall be September I" to August 31 of each year and the fiscal year for the City shall be October I" to September 30'h of each year. ARTICLE 2. PROGRAM REQUIREMENTS §2.01. FWISD Program Requirements. FWISD shall: A. Provide all labor, materials, equipment, personnel, facilities, supervision, and management for bus service; B. Provide a Transportation Manager to serve as a contact point for the City and oversee the scheduling of buses for the City; C. Provide sufficient buses as described in Section 1 "General Requirements" to accommodate 16 buses per day, 5 days per week for the 10-week period; D. Provide qualified drivers in accordance with the Texas Administrative Code for school bus drivers; E. Be responsible for furnishing properly maintained buses; F. Be responsible for the safety of the passengers on board; G. Be responsible for funding the cost of the operation, including but not limited to tolls, licenses, overtime, etc.; H. Provide necessary attendants for handicap riders; I. Provide maintenance, towing, and standby maintenance personnel; J. Provide backup transportation in the event of a breakdown during a trip; K. Provide all fuel necessary to operate the buses; L. Conduct appropriate background checks and drug screening of drivers; M. Conduct appropriate maintenance and repair on all vehicle; and N. Comply with all Federal, State, and local laws, regulations, and ordinances applicable to the operation and maintenance of the buses and this Agreement. Page 3 of 8 §2.02. City of Fort Worth Requirements. City of Fort Worth will: A. Designate a Schedule Coordinator responsible for scheduling bus services; B. Ensure that no more than 16 buses are needed per day, except during special field day events; C. Provide a minimum of twenty-four hour notification of requested service; D. Provide a minimum of twenty-four hour notification of cancellation; E. Be responsible for the passengers and for the conduct of the passengers; F. City reserves the right to request or refuse drivers; and G. Be responsible for any/all parking fees. ARTICLE 3. FUNDING. §3.01. Payment by the City. The City agrees to pay the FWISD Twenty Nine Thousand Two Hundred Eighty Seven Dollars and ninety-eight cents ($29,287.98) to fund the operation of transportation services during the 2004 Summer Day Camp session and the amount properly invoiced to fund the operation of transportation services during the 2005 Summer Day Camp session. §3.02. Current Revenues. Pursuant to 79 1.0 1 1 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. ARTICLE 4. TERM. §4.01. Term. The term of this Agreement is for a period of two years beginning on June 1, 2004 and ending on August 30, 2005. ARTICLE 5. CLAIMS. §5.01. Notice. FWISD agrees to notify the City promptly upon the receipt of any claim or lawsuit brought in connection with any injury, death or damages related to this Agreement. FWISD agrees to make its officers, agents, and employees available to the City at all reasonable times for any statements and case preparation necessary for the defense of any claims or litigation for which the City may be responsible hereunder. §5.02. Waiver of Immunity. 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, §5.03 Cause of Action. 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. §5.04 Liability of Claims. Nothing in the performance of this Agreement shall impose any liability for claims against the County other than claims for which liability may be imposed by the Texas Tort Claims rid Jr+ ®r Page 4 of 8 � 't' z; 4u �►� � Act. Nothing in the performance of this Agreement shall impose any liability for claims against the City other than claims for which liability may be imposed by the Texas Tort Claims Act. ARTICLE 6. TERMINATION OF AGREEMENT. §6.01. This agreement may be terminated by either party, at any time, for any reason and without cause, upon thirty(30)days written notice to the other party. ARTICLE 7. NOTICES. §7.01. 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, or (iii) sending by 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 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: FWISD: Com: Fort Worth Independent School District City of Fort Worth 100 North University Drive Parks and Community Services Fort Worth, Texas 76107 4200 S. Freeway, Suite 2200 Fort Worth, Texas 76115 With copy to: Sarah Fullenwider Assistant City Attorney 1000 Throckmorton Street Fort Worth, Texas 76102 However, the parties may from time to time change their respective addresses, and each shat I have the right to specify as its address any other address upon at least ten days written notice to the other party. ARTICLE 9. NONDISCRIMINATION. §9.01. Neither the City and FWISD, nor any of its officers, members, agents, 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. §9.02. 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, Page 5 of 8 +?i'• ' JAI i sexual orientation, or national origin, nor will FWISD permit its agents, employees, subcontractors or program participants to engage in such discrimination. ARTICLE 10. GENERAL PROVISIONS. §10.01. No Partnership or Joint Venture. 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, agents, servants, contractors, subcontractors and employees. Neither City nor FWISD shall be responsible under the Doctrine of Respondeat Superior for the acts and omissions of its officers, agents, servants, contractors, subcontractors, or employees. It is understood and agreed that the City is not involved as a party to any activities that may be carried on by FWISD pursuant to this Agreement. . §10.02. Force Majeure. If performing any other covenant or term is delayed by reason of war, civil commotion, act of God, governmental restrictions, regulations, or interference, fire or other casualty, or any other circumstances beyond the City or FWISD's control or that of the party obligated or permitted under this Agreement to do or perform the term or covenant, regardless of whether the circumstance is similar to any of those enumerated or not, each party so delayed is excused from performance during the delay period. §10.03. Subject to the limitations contained herein, the covenants, conditions and agreements made and entered into by the parties hereto are declared to be for the benefit of and binding upon their respective successors, representatives and assigns, if any. §10.04. It is agreed that, in the event any covenant, condition or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall in no way affect any other covenant, condition or provision herein contained; provided, however, that the invalidity of any such covenant, condition or provision does not materially prejudice either FWISD or City in connection with the rights and obligations contained in the valid covenants, conditions or provisions of this agreement. §10.05. Immunity from Liability. If FWISD, as a charitable association, political subdivision, corporation, entity or individual enterprise, has or claims an immunity or exemption (statutory or otherwise) from and against liability for damage or injury to property or persons, FWISD, to the extent permitted by law, hereby expressly waives its rights to plead defensively such immunity, including governmental immunity, or exemption as against City. §10.06. Applicable Laws. The laws of the State of Texas shall govern this license agreement and the relationship created hereby. Venue for any action brought to interpret or enforce, or arising out of or incident to, the terms of this agreement shall be in Tarrant County, Texas. §10.07. Severability of Provisions. If any of the Provisions contained in this Agreement shall be held, for any reason, to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability, shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. §10.08. Funding Out Clause. 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 or withdraws previously appropriated funds so that the City is no longer able to fulfill its obli •"nder-thrr---- Page 6 of 8 Agreement, the City may terminate this Agreement effective (i) thirty (30) days' following delivery of written notice of City's intent to terminate or(ii)on the last date for which funding has been appropriated by the City Council to fulfill its obligations under this Agreement,whichever date is sooner. §10.09. Sole Agreement. This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding or written or oral agreements between the parties respecting the subject matter. �,,,�, EXECUTED this the day of ' ' , 2005. CITY OF FORT WORTH FORT WORTH INDEPENDENT SCHOOL DISTRICT By: v A' By: Libby Watso /�n `'O Vjce President Assistant City Manager U— Board of Education ATTEST: ATTEST: M A)J,— L.J-- City Secretary ecretary, B rd of Education APPROVED AS TO FORM AND LEGALITY 1 �Z Ass,ista City Attorney Attorney for Fort orth ndependent ��((�� School District OL04? contract Authorization �a Date Page 7 of 8 ATTACHMENT A FORT WORTH INDEPENDENT SCHOOL DISTRICT RATE SCHEDULE FOR SUMMER 2005 HOURLY RATE: $15.00 MILEAGE: $ 2.50/mile Minimum charge: 2 hours SHOW UP FEE FOR LATE CANCELLATIONS: $30.00 HURT Page 8 of 8 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/712004 -Ordinance No. 16227 DATE: Tuesday, December 07, 2004 LOG NAME: 80FWISDTRANS REFERENCE NO.: **C-20433 SUBJECT: Approve Interlocal Agreement with Fort Worth Independent School District for Transportation Services for the 2004 and 2005 Summer Day Camp Program of the Parks and Community Services Department, Approve the Purchase of Transportation Services and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1) Approve the Interlocal Agreement with Fort Worth Independent School District for transportation services for Summer Day Camp Program; 2) Approve the purchase of transportation services, described below for a cost of $29,287.98 which was expended in the 2004 Summer Program; 3) Approve the purchase of transportation services, described below for an anticipated expenditure of $40,000 for the 2005 Summer Program; and 4) Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Special Trust Fund by $69,287.98 contingent on receipt of the funds. DISCUSSION: The City of Fort Worth Parks and Community Services Department provides a Summer Day Camp program at 19 Community Centers and three Mobile Recreation sites. Each summer, field trips are scheduled weekly at various educational and recreational venues. Transportation is provided through Fort Worth Independent School District (FWISD). Each participant pays a transportation fee, which offsets the cost of the transportation charges. These fees are deposited in the Special Trust Fund, which will be used to pay FWISD for services rendered. The expenditures vary from year to year depending on number of summer day camp participants, number of field trips, and distance to field trips. Previous years' costs have varied from $29,000 to $46,000. An interlocal agreement will provide a planning tool for the City and FWISD. The agreement is for a 2-year term. FWISD will provide a minimum of 16 buses per week and provide itemized billing for services rendered. This program serves all COUNCIL DISTRICTS. Logname: 80FWISDTRANS Page 1 of 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Special Trust Fund. The Parks and Community Services Department is responsible for the collection and deposit of these funds. TO Fund/Account/Centers FROM Fund/Account/Centers FE72 4VARIOUS 080502119110 $69,287.98 FE72 5VARIOUS 080502119110 $69.287.98 Submitted for City Manager's Office by: Libby Watson (6183) Originating Department Head: Randle Harwood (Acting) (5704) Additional Information Contact: Sandra Youngblood (5755) Logname: 80FWISDTRANS Page 2 of 2