HomeMy WebLinkAboutRES 96-13 RESOLUTION NO. /3
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to execute a contract with the Beaumont
Independent School District, in the amount of $50,000, for two pilot Extended Day
Programs at French and Blanchette Elementary Schools. The contract is substantially in
the form attached hereto as Exhibit "A".
PASSED BY THE CITY COUNCIL of the City of Beaumont this the qj day of
1996.
A
- Mayor -
INTERLOCAL AGREEMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This Interlocal Agreement, ("the Agreement") is entered into between the City of
Beaumont, a municipal corporation of the State of Texas, ("City"), and the Beaumont
Independent School District, an independent school district of the State of Texas, ("BISD"),
pursuant to the Interlocal Cooperation Act, Texas Government Code Annotated Section
791.001 et seq (Vernon's 1994).
WITNESSETH
WHEREAS, the BISD has requested the City to provide funds in the amount of
$50,000 for two pilot Extended Day Programs to be operated by BISD, one to be held at
Blanchette Elementary School and the other at French Elementary School; and,
WHEREAS, the City desires to participate in the program and to retain BISD to
carry out such Extended Day Programs at Blanchette and French Elementary School;
NOW, THEREFORE,
In consideration of the mutual promises made herein, the City and BISD agree as follows:
1.
City does hereby employ, engage, and hire BISD to staff, administer, and carry out
Extended Day Programs at Blanchette Elementary School and French Elementary School.
These programs will provide educational and recreational activities after normal school
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EXHIBIT "A"
hours for all first through fifth grade students at such elementary schools. The three main
components of the program will be homework assistance, TASS tutoring and cultural
enhancement activities. The activities will generally be scheduled from 3:30 p.m. to 5:30
p.m. each Tuesday through Friday; although, the schedule may be varied to fit the needs
of the program participants. BISD is hired as an independent contractor and is not an
agent or employee of the City. All personnel used to provide the Extended Day Program
at Blanchette Elementary and French Elementary Schools will be either employees of or
contractors to the BISD.
II.
City hereby agrees to pay BISD during the term of this Agreement $50,000. A
payment of$10,000 will be made within ten (10) days of the execution of this Agreement.
Such payment is contemplated to be made in January of 1996. Thereafter the City will
make payments to BISD of$10,000 on the 10th of February, March, April, and May, 1996.
The money provided hereunder will be used solely for the purposes described in
paragraph I and BISD agrees at the conclusion of this program to provide City with a
financial report detailing all expenditures in the program and verifying that City funds were
used only for the purposes described herein.
III.
BISD understands and agrees that this is a five month commitment by City and this
contract is the last contract contemplated by the City for these purposes. The Extended
Day Program to be established by BISD will be funded for five (5) months only by City as
a pilot program to determine the feasibility of the continuation of the program by others.
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IV.
The term of this Agreement shall be January 1, 1996 until May 30, 1996.
V.
City and BISD, as political subdivisions are governed by the Texas Tort Claims Act.
City and BISD warrant and represent to each other that they are self-insured or
commercially insured for all claims falling within the Texas Tort Claims Act. Additionally,
claims which do not fall within the Texas Tort Claims Act are either insured commercially
or self-insured by both City and BISD. City and BISD agree that neither party shall have
liability for the acts or omissions of an individual employed by the other party regardless
of where the individual's actions occur. Each party is solely responsible for the actions
and/or omissions of its employees, officers, or agents.
VI.
Should any one or more of the provisions of the Agreement be held invalid, illegal
or unenforceable in any respect, such invalidity, illegality or unenforceability shall not
affect any other provision hereof and this Agreement shall be construed as if such invalid,
illegal or unenforceable provision had never been contained herein.
VII.
This Agreement supersedes any and all other Agreements, either oral or in writing,
between the parties hereto with respect to the subject matter hereof, and no other
agreement, statement or promise relating to the subject matter of this Agreement which is
not contained herein shall be valid or binding.
EXECUTED by the City this the day of 11996.
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EXECUTED by BISD this the day of
CITY OF BEAUMONT, TEXAS BEAUMONT INDEPENDENT SCHOOL DISTRICT
BY: BY:
Ray A. Riley, City Manager
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