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HomeMy WebLinkAboutContract 51351 CITY SECRETARY CONTRACT NO. INTERLOCAL AGREEMENT BETWEEN CROWLEY INDEPENDENT SCHOOL DISTRICT AND THE CITY OF FORT WORTH In consideration of the mutual covenants, promises, and agreements contained herein, this INTERLOCAL AGREEMENT ("Agreement") is made and entered into between CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas, ("City") acting by and through Jesus J. Chapa, its duly authorized Assistant City Manager, and CROWLEY INDEPENDENT SCHOOL DISTRICT, hereinafter referred to as ("Contractor") acting by and through Dr. Michael D. McFarland, Superintendent, its duly authorized representative. RECITALS WHEREAS, City has determined that After School Programs are necessary to support crime prevention in the City during Fiscal Year 2019 to meet the Crime Control and Prevention District ("CCPD") goals which include (l) supporting efforts to reduce violent crime and gang-related activities through enhanced enforcement activities and crime prevention programs, (2) supporting efforts to increase the safety, of residents and decreasing crime throughout Fort Worth neighborhoods, and (3) supporting efforts to increase the safety, of youth and reducing juvenile crime through crime prevention and intervention programs; and WHEREAS, City Council of Fort Worth and the Crowley 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 PM to 6:00 PM are of prime importance; and WHEREAS, City and the Contractor agree that the activities of elementary and middle school children during these critical hours are of paramount importance to both government entities; and WHEREAS, Contractor proposes to continue an After School Program, the Crowley Independent After School Program (CISD After School Program) in conjunction with City. NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follow: AGREEMENT DOCUMENTS The Agreement documents shall include the following: OFFICIAL RECORD CITY SECRETARY 1. This Interlocal Agreement for the CISD After School Program FT.WORTH,TX 9F�Ff� ?019 InAgreement After School Program � s ?Ojfity of Fort\L'orth&Crowley independent School District Page 1 of 22 a 9 ya s� ' a 4wd 2. Exhibit A —Scope of Work 3. Exhibit B— Buduet 4. Exhibit C— Request for Reimbursement 5. Exhibit D — Program Activities Report 6. Exhibit E — Program Effectiveness Measurement Report 7. Exhibit F— Request for Budget Modification Exhibits A through F, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A through F, and the terms and conditions set forth in the body of this Agreement, the terms and conditions set forth in the body of this of Agreement shall control. The term "City" shall include City, and its officers, agents, employees, and representatives. The term "Contractor" shall include Contractor, and its officers, agents, employees, representatives, servants, contractors, and subcontractors. The term "Party" shall refer to either City or Contractor. The term "Parties" shall refer to both Citv and Contractor. AGREEMENT 1. Responsibilities of Contractor. Contractor covenants and agrees to fully perform, or cause to be performed, with good faith and due diligence, all work and services described in Exhibit "A" —Scope of Work. Contractor shall be responsible for day-to-day administration of the CISD After School Program. Contractor agrees to expend the Program Funds in accordance with its CISD After School Program budget, described in Exhibit "B" —Budget. Program activities shall be reported in accordance with Exhibit ''D" — Program Activities Report and effectiveness measurements shall be reported in accordance with Exhibit "E"" Program Effectiveness Measurement Report. 2. Program Funds. 2.1 In no event shall the total distribution from City made to the Contractor during the term of this Agreement exceed the total sum of S 125,000.00. 2.2 Payment of the Program Funds from City to Contractor shall be made on a cost- reimbursement basis following receipt by City from Contractor of a signed Request for Reimbursement ("RFR"), as described in Exhibit "C" and copies of all receipts and support documentation. Contractor shall deliver to City a written detailed Program Activities Report and Program Effectiveness Measurement Report as described in Section 4.2 below with each RFR to support expenditure of Program Funds. Such reports shall be signed by the Contractor or duly authorized officer of the Contractor. The RFR and monthly Program Activities Report shall be submitted to City no later than the 15th day following the end of the FY 2019 Interlocal Agreement After School Pro_ram Cit} of Fort Worth&.Crowley Independent School District Page 2 of 22 month. Submittal of a monthly RFR and Program Activities Report is required even if services are not provided. Contractor must submit the monthly RFR (Exhibit "C""), the monthly Program Activities Report (Exhibit "D") and the Quarterly Program Effectiveness Measurement Report (Exhibit "E") with an original signature by an authorized representative to the Financial Management Division - Grant and Program Section of the Fort Worth Police Department, ATTENTION: Grant Specialist, Bob Bolen Public Safety Complex, 505 W. Felix St., Fort Worth, Texas, 76115. Reimbursements will not be made until after receipt of an acceptable and approved RFR and a monthly Program Activities Report. Additionally, a quarterly Program Effectiveness Measurement Report from the Contractor is required as described in section 4.2 and must be approved prior to reimbursements. Reimbursements shall be made within 30 days receipt of said documents. 2.3 Contractor is authorized to modify up to five (5) percent of any budgeted line- item in the original approved budget without prior written permission from City. However, Contractor must submit the Budget Modification Form (Exhibit "F-) to City, with the monthly RFR, in the month when the modification took place. The new modified budget cannot exceed the total amount of Program Funds. 2.4 Any modifications of more than five (5) percent of any budgeted line-item in the original approved budget must have prior written permission from City before any budget modification are made. The Budget Modification Form (Exhibit "F") must be submitted, and request must be approved by City, before any money is moved to the line-item. Once the Budget Modification is approved, the modified budget will take effect on the first day of the following month. The new modified budget cannot exceed the total amount of Program Funds. 2.5 Any modifications to zero line-items in the original approved budget must have prior written permission from City before any budget modifications are made. The Budget Modification Form (Exhibit -17") must be completed and approved by City before money is transferred into the new line-item. Once the Budget Modification is approved, the modified budget will take effect on the first day of the following month. The new modified budget cannot exceed the total amount of Program Funds. 2.6 Budget modification can only occur within the Direct and Indirect costs. Funds may not be moved from a Direct line-item into an Indirect line-item, or vise versus. Modification of Direct and Indirect approved budgets must follow the guidelines outlined in sections 2.3, 2.4. and 2.5. The Budget Modification Form (Exhibit "F") shall be submitted to the Financial Management Division - Grant and Program Management Section of the Fort Worth Police Department, ATTENTION: Grant Specialist, Bob Bolen Public Safety Complex at 505 W. Felix St., Fort Worth, Texas, 76115. FY"2019 Interlocal Agreement After school Program City of Fort Worth&Cro"Iey Independent School District Page 3 of 22 3. Term. This Agreement shall commence upon October 1, 2018 ("Effective Date"), and shall end on September 30. 2019 ("End Date"). All of Contractor's expenditures under this Aoreement must be completed no later than September 30, 2019. 4. Program Performance. 4.1 Contractor agrees to maintain full documentation supporting the performance of the work and fulfillment of the objectives set forth in Exhibit"A." 4.2 Contractor agrees to provide a monthly Program Activities Report and quarterly Program Effectiveness Measurement Report to document the performance of the work described in Exhibit "D" and Exhibit -E,- respectively. The Program Activities and Effectiveness Measurements shall document the program activity names, numbers of participants attending, details of the activities, and a description of the goals achieved in support of the CCPD goals. Program Effectiveness Measurement shall be reported on a quarterly basis and included in the January, April, July, and October RFR and Program Activities Report submittals. Additionally, the Program Effectiveness Measurement Report must include any successes realized in descriptive detail. The monthly Program Activities and quarterly Program Effectiveness Measurement Reports shall be submitted to City no later than the 15th day after the end of each month. 4.3 Contractor agrees that the monthly RFR and Program Activities Report and quarterly Program Effectiveness Measurement Report will be submitted to City no later than the 15t1i day after the end of each month. Should Contractor not meet these requirements, Contractor will be given an additional 15 days to submit the required reports to City. If, at the end of this 15-day extension period, Contractor has not submitted the required reports, City will send a non-compliance letter notifying Contractor's duly authorized representative of a possible suspension of program funding. 5. Default and Termination. 5.1 This Agreement is wholly conditioned upon the actual receipt by City of Program Funds from the CCPD. All monies distributed to Contractor hereunder shall be exclusively from monies received from the CCPD, and not from any other monies of City. In the event that funds from the CCPD are not timely received, in whole or in part, City may, at its sole discretion, terminate this Agreement and City shall not be liable for payment for any work or services performed by Contractor under or in connection with this Agreement. 5.2 This Agreement may be terminated by City, in whole or in part, at any time and for any reason upon written notice as specified in section 5.3. 5.3 Termination will be effected by delivering to Contractor a notice of termination, specifying the portion of the Agreement affected and the effective date of termination. Upon Contractor's receipt of notice of termination, Contractor shall: FY 2019 Interlocal Agreement After School Program Cit} of Fort worth K Cro%kle} Independent School District Page 4 of 22 (a) Stop work under the Agreement on the date and to the extent specified in the notice of termination: (b) Place no further order or subcontracts, except as may be necessary for completion of the work not terminated: (c) Terminate all orders and contracts to the extent that they relate to the performance of the work terminated by the notice of termination, and (d) Cease expenditures of Program Funds, except as may be necessary for completion of the work not terminated. 5.4 In the event City suspends or terminates this Agreement for cause, and the cause for such Suspension or termination is determined to be invalid, the Contractor's sole remedy shall be reinstatement of this Agreement. Contractor expressly wanes any and all rights to monetary damages, including but not limited to actual, consequential, and punitive damages, court costs, and attorney's fees. 5.5 Within thirty (30) days following the date of termination of this Agreement, Contractor shall return to City any property provided hereunder. City will have no responsibility or liability for Contractor's expenditures or actions occurring after the etTective date of termination of the Agreement. 6. Equipment and Maintenance. All equipment purchased with Program Funds must meet all eligibility requirements of City and requires approval by the City prior to purchase. Contractor shall maintain all equipment used in the administration and execution of the CISD After School Program. Contractor shall maintain, replace, or repair any item of equipment used in support of the CISD After School Program and/or for use under the terms of this Agreement that no longer functions or is lost or stolen. The cost for maintenance, replacement, or repair of any equipment used in support of the after school program and/or for use under the terms of this Agreement is the sole responsibility of Contractor. Contractor shall not use Program Funds or City funds to repair or replace said equipment. Contractor shall use any and all equipment purchased with Program Funds exclusively in support of the CISD After School Program. Within 10 days following the purchase of equipment, Contractor shall submit to City a detailed inventory of all equipment purchased with Program Funds to the Grants and Program Management Section at the address set forth in paragraph ?2 above. The equipment inventory shall include an itemized description of each piece of equipment, the date each piece of equipment was purchased, the cost of purchase for each piece of equipment, and the location of each piece of equipment. 7. Administrative Requirements. 7.1 Contractor agrees to keep sufficient records to document its adherence to applicable local, state, and federal regulations, along with documentation and records of all receipts and expenditures of Program Funds. All records shall be retained for three (3) years following the termination or completion of this Agreement. City or its representatives shall have the right to investigate, examine, and audit at any time any and all such records relating to operations of Contractor under this Agreement. Contractor, its officers, members, agents, FY 3019 Interlocal Agreement After School Program City of Fort worth&Crowe,, Independent School District Page 5 of 22 employees, and subcontractors, upon demand b,, City, shall make such records readily available for irnestigation, examination, and audit. In the event of such audit by City, a single audit of all Contractors' operations will be undertaken and may be conducted either by City or an independent auditor of City's choice. Contractor shall submit a copy of any audit performed by their independent auditor within 30 days of receipt of the final audit report. This pro\,inion shall survive the expiration or tennination of this agreement. 7? If any audit reveals a questioned practice or expenditure, such questions must be resolved within fifteen ( 15) days after notice to Contractor by City. If questions are not resolved within this period, City reserves the right to withhold further funding under this and/or future agreements) with Contractor. 7.3 If, as a result of any audit, it is determined that Contractor misused, misapplied, or misappropriated all or any part of the Program Funds, Contractor agrees to reimburse City the amount of such monies so misused, misapplied, or misappropriated, plus the amount of any sanction, penalty, or other charge levied against City because of such misuse, misapplication, or misappropriation. This provision shall survive the expiration or termination of this agreement. 7.4 Contractor's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but are not limited to: providing final Program Activities Report and Program Effectiveness Measurement Reports, making final payments, disposing ofCISD After School Program assets, if deemed required by City in its sole discretion. 7.5 Contractor covenants and agrees to fully cooperate with City in monitoring the effectiveness of the services and work to be performed by Contractor under this Agreement, and City shall have access at all reasonable hours to offices and records of the Contractor, its officers, members, agents, employees, and subcontractors for the purpose of such monitoring. 8. Independent Contractor. 8.1 Contractor shall operate hereunder as an independent contractor and not as an officer, agent, or servant or employee of City. Contractor shall have exclusive control of, and the exclusive right to control, the details of the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, subcontractors, program participants, licensees, or invitees. The doctrine of respondent superior shall not apply, as between City and Contractor, its officers, members, agents, servants, employees, subcontractors, program participants, licensees, or invitees, and nothing herein shall be construed as creating a partnership or joint enterprise between City, and Contractor. No federal, state, or local income tax, nor any payroll tax of any kind, shall be withheld or paid by the City on behalf of Contractor. Contractor shall not be treated as an employee with respect to the services performed pursuant to this Agreement for federal or state tax purposes. It is expressly understood and agreed that officers, members, agents, employees, subcontractors, licensees, FY"2019 Interlocal Agreement After School Program City of Fort worth K Crox+icy Independent School District Page 6 of 22 or invitees of the Contractor, and any program participant hereunder are not eligible for, and shall not participate in any employer pension, health, or other fringe benefit plan provided by City. It is expressly understood and agreed that City does not have the legal right to control the details of the tasks performed hereunder by Contractor, its officers, members, agents, employees, subcontractors, program participants, licensees, or invitees. 8.2 City shall in no way nor under any circumstances be responsible for any property belonging to Contractor, its officers, members, agents, employees, subcontractors, program participants, licensees, or invitees, which may be lost, stolen, destroyed, or in any way damaged. 9. Liabilitv. To the extent allowed by law, each of the parties shall be liable and responsible for any damages or loss caused by the negligent acts or omissions, or malfeasance or intentional misconduct of each of its respective officers, agents, servants, or employees. Nothing in the performance of this Agreement shall impose any liability for claims against District, other than claims that may arise as set forth in this section and Section 12, or for claims which the Texas Tort Claims Act may impose liability. Nothing in the performance of this Agreement shall impose any liability for claims against the City of Fort Worth other than claims that may arise as set forth in this section or for which liability may be imposed by the Texas Tort Claims Act. Contractor shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of City in substantially the same form as above. This section shall survive the expiration or termination of this Agreement. 10. Non-Assignment. No assignment or delegation of duties under this Agreement by Contractor shall be effective without City's prior written approval. 11. Prohibition Against Interest. 11.1 No member, officer, or employee of City, or its designees or agents, no member of the governing body of the locality in which the CISD After School Program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the CISD After School Program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed hereunder. Contractor shall incorporate, or cause to be incorporated, like language prohibiting such interest, in all contracts and subcontracts hereunder. 11.2 No officer, employee, member, or program participant of Contractor shall have a financial interest, direct or indirect, in this Agreement or the monies transferred hereunder, or FY 2019 Interlocal Agreement After School Program City of Fort 1b orth&Crowle\ Independent School District Page 7 of 22 be financially interested, directly or indirectly, in the sale to Contractor of any land, materials, supplies. or services purchased with any funds transferred hereunder, except on behalf of Contractor, as an officer, employee, member, or program participant. Any willful violation of this paragraph with the knowledge, expressed or implied. of Contractor or its subcontractors, shall render this Agreement voidable by City of Fort Worth. 12. Nondiscrimination. 12.1 In accordance with the federal, state, and local laws and ordinances, Contractor covenants that neither it 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, 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, statutory requirement, or statutory or ordinance exception. 12.2 Contractor will not unlawfully discriminate against any person or persons because of aae, race, color, religion, sex, disability, national origin, or sexual orientation, nor will Contractor permit its officers, members, agents, employees, subcontractors, or program participants to engage in such discrimination. 12.3 If anv claim arises from an alleged violation of this non-discrimination covenant by Contractor, its personal representatives, assigns, subcontractors or successors in interest, Contractor agrees to assume such liability and to indemnify and defend City and hold City harmless from such claim. This section shall survive the termination or expiration of this agreement. 13. Compliance. 13.1 Contractor, its officers, members, agents, employees, program participants, and subcontractors, shall abide by and comply with all laws, federal, state, and local, including all ordinances, rules, and regulations of City. If City calls to the attention of Contractor in writing to any such violation on the part of Contractor or any of its officers, members, agents, employees, subcontractors, or program participants, then Contractor shall immediately desist from and correct such violation. 13? Contractor shall utilize Program Funds strictly for those purposes and goals intended under the terms and conditions of this Agreement. If City calls the attention of Contractor in writing to any such violations on the part of Contractor or any of its officers, members, agents, employees, program participants, or subcontractors, then Contractor shall immediately desist from and correct such violation. 14. Waiver of Immunity. If Contractor is a charitable or nonprofit organization and has or claims an immunity or exemption (statutory or otherwise) from and against liability for FY 2019 Interlocal Agreement After School Program Cite of Fort worth&:Crowic� independent School District Page 8 of 22 damages or injury, including death, to persons or property, Contractor hereby expressly waives its rights to plead defensively suchimmunity or exemption as against City. This section shall not be construed to affect either Governmental entity's immunities under constitutional, statutory, or common law. 15. Insurance Requirement. 15.1 Contractor shall procure and shall maintain during the term of this Agreement the follov�in,, insurance coverage: (a) Commercial General Liability (CGL): $1,000,000 per occurrence, with a $2,000,000.00 annual aggregate limit, in a form that is acceptable to the City's Risk Manager. (b) Non-Profit Organization Liability or Directors & Officers Liability: $1,000,000 per occurrence, with a $1,000,000 annual aggregate limit, in a form that is acceptable to the City's Risk Manager. (c) Automobile Liability: $1,000,000 each accident on a combined single limit basis OR split limits are acceptable if limits are at least $250,000 Bodily Injury per person, $500,000 Bodily Injury per accident and $100,000 Property Damage. (d) Any other insurance the City may reasonably require to protect the interests of the City. 15.2 Contractor's insurer(s) must be authorized to do business in the State of Texas for the lines of insurance coverage provided and be currently rated in terms of financial strength and solvency to the satisfaction of the City's Risk Manager. 15.3 Each insurance policy required herein shall be endorsed with a waiver of subrogation in favor of the City. Each insurance policy required by this Agreement, except for policies of worker's compensation or accident/medical insurance shall list the City as an additional insured. City shall have the right to revise insurance coverage requirements under this Agreement. 15.4 Contractor further agrees that it shall comply with the Worker's Compensation Act of Texas and shall provide sufficient compensation insurance to protect Contractor and City from and against any and all Worker's Compensation claims arising from the work and services provided under this Agreement. 16. Miscellaneous Provisions. 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 which can be given effect without the invalid provision. 16.2 City's failure 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 FY 2019 Interlocal Agreement After School Program Cit} of Fort Worth&Crowle} Independent School District Page 9 of 22 relinquishment to any extent of City's right to assert or rely upon any such term or right on anv future occasion. 16.3 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 state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 16.4 Contractor represents that it possesses the legal authority, pursuant to any proper, appropriate, and official motion, resolution, or action passed or taken, to enter into this Agreement and to perform the responsibilities herein required. 16.5 This written instrument and Exhibits A through F, constitute the entire agreement between the parties concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. Any amendments to the terms of this Agreement must be in writing and must be signed by authorized representatives of each party. 16.6 All notices required or permitted by this Agreement must be in writing and are deemed delivered on the earlier of the date actually received or the third day following (i) deposit in a United States Postal Service post office or receptacle; (ii) with proper postage (certified mail, return receipt requested), and (iii) addressed to the other party at the address as follows or at such other address as the receiving party designates by proper notice to the sending party: CITY: Jesus J. Chapa, Assistant City Manager City Manager's Office City of Fort Worth 200 Texas Street Fort Worth, TX 76102 Copies To: Grant and Program Management Bob Bolen Public Safety Complex 505 W. Felix St. Fort Worth, TX 76115 City Attorney's Office ATTN: Police Contracts 200 Texas Street Fort Worth, TX 76102 CONTRACTOR: Dr. Michael McFarland, Superintendent Crowley Independent School District 512 Peach Street PO Box 688 FY 2019 Interlocal Agreement Alter School Program Cit} of Fort worth K Cro%kley Independent School District Page 10 of 22 Cro\,\,ley, TX 76036 16.7 None of the performance rendered under this Agreement shall involve, and no portion of the Program Funds received hereunder shall be used, directly or indirectly, for the construction, operations, maintenance, or administration of any sectarian or religious facility or activity, nor shall said performance rendered or funds received be utilized so as to benefit, directly or indirectly, any such sectarian or religious facility or activity. 16.8 Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 16.9 The provisions and conditions of this Agreement are solely for the benefit of City and Contractor and are not intended to create any rights, contractual or otherwise, to any other person or entity. 16.10 The Parties acknowledge that each Party has had the opportunity to have their attorney review and revise 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. 16.11 Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Contractor shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 16.12 Contractors are required to conduct criminal background screenings for all volunteers or employees who will be working with children under the proposed program. All criminal background checks shall be in compliance with Texas Department of Family and Protective Services standards, the Texas Administrative Code and all other applicable law. Contractors will be responsible for conducting criminal background screening and for maintaining appropriate records, which will be subject to review by the City. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. FY 2019 Interlocal Agreement After School Program City of Fort Worth R:Crowle} Independent School District Page I I of 22 IN WITNESS WHEREOF, the parties hereto hav ecuted this aUree ent in multipj in Fort Worth. Tarrant County, Texas. to be effective this —day of ?0 APPROVED AND AGREED FOR APPROVED AND AGREED FOR CITY OF FORT WORTH CROWLEY INDEPENDENT ,- SCHOOL DISTRICT Jesus J. Chapa Dr. Michael D. McF rland Assistant City Manager Superintendent Date: ��' % lg Date: APPR AL CO ENDED ,' r Chief Joel F. Fitzgerald ATTE T Chief of Police Y� .. Date: �. ecretary APPROVED AS TO FORM: LEGALITY FOR CITY OF T •� pa WORTH &C No. C om Cv S 5 I Thomas Hansen Assistant City Attorney Form 1295 Certification No: NOT REQUIRED Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitorm and administration of this contract, including ensuring orma e and reporting requirements. Name yr/^- ee�A �TitleC c I FOFF71CIALECORD ETARY FT.WORTH,TX FY 2019 Interlocal Agreement Atter School Program Cit% of Fort worth&Crok%le,, Independent School District Page 12 of 22 EXHIBIT A SCOPE OF WORK The Crowley ISD Sports and Tutoring Aftersehool Program will provide a quality, comprehensive, and structured program for the youth of Crowley ISD that reside within Fort Worth city limits. Sycamore Elementary, Meadowereek Elementary, Sue Crouch Intermediate, Crowley Middle School, and North Crowley 9°i High School have been identified as student populations that have the greatest needs when matched with the targeted goals of the program. The program will be run with a combination of Clayton Youth Enrichment after-school staff and Crowley ISD faculty and support personnel. Clayton will provide one full-time Site Coordinator and 2-4 part-time Program Specialists to run the program. The Site Coordinators meet the Director qualifications as established by the Texas Department of Family and Protective Services, and have an average tenure of four years with the agency. The Program Specialists are generally college-students pursuing a background in education, recreation or child development. Crowley ISD teachers and paraprofessionals meet instructional qualifications set forth by TEA. The goals of the Afterschool Program are to: • Increase academic performance, measured through academic metrics • Improve student attendance, measured through school-day metrics • Improve student behavior, measured through school administration • Provide a safe environment after school, by reinforcing school campus rules, modeling Conscious Discipline and TBRI techniques with staff,and promoting SEL practices • Provide enriching youth development activities to compliment learning The purpose of this supplementary program is to enhance state or local reform efforts to improve student academic achievement and support overall student development. The Sports and Tutoring Program will assist students outside school hours or when school is not in session to complement the student's regular academic program. Activities outside the regular school hours in the Sports and Tutoring Program will consist of the following: • Academic Enrichment- Provide opportunities for academic enrichment that will include tutoring and homework assistance with particular emphasis in the core academic areas such as English Language Arts, Math,and Science. • Youth Development- Provide opportunities and knowledge related to leadership skills, problem-solving and conflict resolution skills, violence prevention (bullying), and substance abuse prevention. Social Emotional Learning will also be explored. • Community Service- Provide youth with opportunities to connect to their community and to demonstrate the positive impact they can have on local issues so that the youth understand the ability they possess to improve the quality of life for the community and adults view youth as community resources rather than liabilities or risks. • Recreation and Health wellness- Provide opportunities for students to develop and refine gross and fine motor skills through participation in structured activities like basketball, hip hop dancing or soccer, or simply through unstructured play time. Participants will also learn about nutrition, healthy habits,and other life skills. The evidence-based supports for this program will come from CASEL and Aperture Education for social-emotional practices, the National After School Association and Weikart Center for Youth Development for enrichment and recreational activities, and state TEKS standards for tutoring and academic support. FY 2019 Interlocal Agreement After School Program City of Fort Worth&Crowley Independent School District-Exhibit A Page 13 of 22 A typical daily afternoon schedule is outlined below: 3:OOpm-3:3Opm Student check-in, table discussions and family style snack service 3:3Opm-4:15pm Homework support and academic tutoring by teachers 4:15pm-5:00pm Enrichment period 1, Academic engagement: Visual arts, STEM, service learning, culinary, etc. 5:00pm-5:45pm Enrichment period 2, Recreational Development: Physical activity, teambuilding, performing arts, etc. 5:45pm-6:00pm Student dismissal and parent connection period This Scope of Work is to be evaluated and analyzed in conjunction with Exhibits "D" and "E" of the Agreement. FY 2019 Interlocal Agreement After School Program City of Fort Worth&Crowley Independent School District-Exhibit A Page 14 of 22 Exhibit B— Budget Narrative Crowley ISD, 2018-2019 Direct Costs (90.14% of budget total) A. Personnel: 53,430.00 total budgeted. 1 Program Coordinator at $19.00/hr. at 16 hours per week over 36 weeks ($10,944) I Site Directors at 516.00/hr. at 15 hours per week over 33 weeks ($7,920) 2 Site Directors at 514.00/hr. at 15 hours per week over 33 weeks ($13,860) 2 Program Specialists at S 10.50/hr. at 14 hours per week over 29 weeks ($8.526) 3 Program Specialists at $10.00/hr. at 14 hours per week over 29 weeks ($12,180) B. Fringe Benefits: 511,708.00 total budgeted. Calculated at approx. 11% Payroll taxes for Program Coordinator($1,204) Estimated insurance benefits costs for Program Coordinator($1,634) Estimated insurance benefits costs for Site Directors (4,196) Calculated at approx. 1 I% Payroll taxes for Site Directors ($2,396) Calculated at approx. 11% Payroll taxes for Program Specialists ($2,278) C. Travel & Training: 5412.00 total budgeted for staff mileage reimbursement: (7 miles per week x 27 program weeks of travel x 4 sites x $0.545 per mile) D. Equipment: No costs allocated/budgeted for major equipment purchases. E. Supplies: 54,482.00 total budgeted. The program plans to spend approx. $166 per week over 27 weeks for all four sites for consumable supplies and program materials ($166 per week x 27 weeks = $4,482). F. Contracts/Consultants: $42,648.00 total budgeted. 12 total Credential Teachers contracted as academic tutors: 3 Teachers at $23.00/hr. at 6 hours per week over 27 weeks for Sue Crouch and Meadowcreek ($11,178); and 9 teachers at $23.00/hr at 6 hours per week over 25 weeks for Sycamore, Crowley Middle School, and North Crowley High School ($31,050). $420.00 allocated for partial provider enrichment vendors for Sue Crouch and Meadowcreek ($35/hr. x 2 hours per session x 6 total sessions = $420.00) G. Other Approved: No costs allocated/budgeted for other areas. FY 2019 Interlocal Agreement After School Pro-ram City of Fort worth&Crowley Independent School District-Exhibit B Page 15 of 22 Indirect Costs (9.86"b of budget total) Personnel: A. $11.100.00 total budgeted. This amount partially covers the administrative costs of one human resources generalist and one accounting specialist at $15.00 per hour for approx. 10.00 hours each of financial and program monitoring per week over 37 weeks of the program period ($15.00/hr x 10.00 hours per weeks ? staff x 37 weeks = $1 1,100.00). B. Fringe Benefits: $l,??0.00 total budgeted. Calculated at approx. 11% of indirect personnel for applicable payroll taxes such as FICA, Disability. & Unemployment insurance. FY 2019 Interlocal Agreement After School Program City of Fort worth&Crowley Independent School District-Exhibit B Page 16 of 22 Exhibit B Budget Summary Fiscal Year 2019 DIRECT PROGRAM COSTS(90%Minimum) Total $112,680.00 A. PERSONNEL Salaries $53,430.00 PERSONNEL TOTAL: $53,430.00 B. FRINGE BENEFITS FICA $3,512.40 Health Insurance $5,854.00 Disability Insurance $1,170.80 Unemployment-State $1,170.80 FRINGE BENEFITS TOTAL $11,708.00 C.TRAVEL AND TRAINING Mileage $412.00 TRAVEL AND TRAINING TOTAL $412.00 D. EQUIPMENT EQUIPMENT TOTAL $0.00 E.SUPPLIES Teaching Aids and Program Materials $4,482.00 SUPPLIES TOTAL $4,482.00 F.CONTRACTS/CONSULTANTS Credentialed Teacher Tutors $42,228.00 Partial Provider Enrichment Vendors $420.00 CONTRACTS/CONSULTANTS TOTAL $42,648.00 G. OTHER APPROVED OTHER APPROVED TOTAL $0.00 INDIRECT PROGRAM COSTS(10% Total $12,320.00 Maximum) A. PERSONNEL Salaries $11,100.00 PERSONNEL TOTAL: $11,100.00 FY 2019 Interlocal Agreement After School Pro_ram City of Fort Worth&Crok%ley Independent School District-Exhibit B Page 17 of 22 B. FRINGE BENEFITS FICA $610.00 Disability Insurance $305.00 Unemployment-State $305.00 FRINGE BENEFITS TOTAL $1,220.00 C.TRAVEL AND TRAINING None TRAVEL AND TRAINING TOTAL $0.00 D. EQUIPMENT None EQUIPMENT TOTAL $0.00 E. SUPPLIES None SUPPLIES TOTAL $0.00 F.CONTRACTS/CONSULTANTS None CONTRACTS/CONSULTANTS TOTAL $0.00 G. OTHER APPROVED None OTHER APPROVED TOTAL $0.00 GRAND TOTAL $125,000.00 FY 2019 Interlocal Agreement Atter School Program City of Fort Worth R Crowley Independent School District-Exhibit B Page 18 of 22 FORT WO RT H Exhibit C Request for Reimbursement(RFR) Fl 2019 CRIME:(ONTROI. AND MA EN 1TON DER RR 1 submit To: Submitting.kgewy: Cro%ieq ISD Bob Bolen Public Saret� Compk,, Contact Nanic CRStel Polk Ann Brinam Taslor Phorx\anber 817-1U7-i't)b Financial 1landi ement Elmdon Email cry stetoolk tzacrolwey k 12 txus illi West Felin St Fort Worth. TX 7h 115 Renia Address Po Boe 688-Crowlev. fexds 76113o nvulce Number 11011th 0f R0gUCSt. DIRECT COSTS(90%NGnimum) A B C D E Fatal of Presious (BCCI (A-D) hhis quench', Budget Catrgory Budget{mount Reimbursements RTo[al Reyuested Remaining :d Bance Requested equest Fu-Date Available A Per onal S 53,430.00 S - $ 53,430.00 B Fnnga Ben-fits S 11,708.00 S - S 11,708.00 C Teas el t Tramm; S 412.00 S - S 412.00 D Equip—at S - 3 - $ - E Supplied $ 4.482.00 S 4,482.00 F Contracts Consultants S 42.648.00 S 42,648.00 G Other Appros ed S S Total Direct Costs $ 112,680.00 S S S S 112,680.00 NiDRtE:CI'COST'S(10%Moimum) A B C D E Total er Pre This Month's (B+C) (A-13)Budget.{mount Requestt ues Budget Category Reimbursements Total Requested Remaining Balance Requested To-Date Available A Personnel S 11,100.00 S - S 11,100.00 B Fnnge Benefits S 1,220.00 S - S 1,220.00 C Trawl&Training S - S D Equapment S - S - E Supplies S - S - F Contracts Consultants S - $ - G Other Appros ed S $ Total lnDirert Cost, S 12320.00 S S S $ 12.320.00 Sup p on documents n:gmn:d s nh month/requests Summary; Flits includes.ti seshects depict mg t'CPD runded acUvt¢s. Total Budget S 125.000.00 cops of pas checks.-o—s and recapis detadmgall CCPD Pres sous Requests S funded espwdaures This Request S Total Requested To-Date S - Remaining Funds S 125.000.00 /cmc rcrreN Cdlhls r-etllicsr cad rerldh rhm(hese/.sled C.epensCx Loki eltppurl dUCHInenloNon err ucGuruir. Audton d Signator, Signatory Title Date Fiscal Agent Use Only Purchu.re Order k fund Oept IO Acrmunf RFR.yppmred For P,,,—r Gant Staff Signature Date Finance Recen ed Stamp Placed Below FY 2019 Interlocal Agreement After School Program Cite of Fort worth&Crowley Independent School District-Exhibit C Page 19 of 22 FORT WORTH CRIME CON rROL &PREvEmnuN Dmmr-T Exhibit D Fiscal Year 2019 Monthly Program Activities Report Current Reporting Nionth Submitting A(,enev Crowley ISD Contact Name Crystel Polk Phone Number and Email 817-297-5296 CrNstel.Polk,aiCrowle,.kl2.tx.us Remit Address PO Box 688, Crowley, TX 76036 Activity Current To Date Year Month Total End Total Goal 1 The number of unduplicated students participating in math tutorials. 400 2 The number of unduplicated students participating in reading tutorials. 400 3 The number of unduplicated students participating in homework assistance 360 and other academic enrichment. 4 The number of unduplicated students participating in health, physical 320 fitness and active recreation. 5 The number of unduplicated students participating in community, service 160 learning, or character development projects. 6 The total number of unduplicated students participating in C ISD Sports & 480 Tutoring after school program through Clayton Youth Enrichment. 7 8 1 have reviewed this report anti certfi-that the measures provided are accurate and appropriately refect the CCPD goals set forth in the contract. Authorized Signatory Signatory Title Date FY 2019 Interlocal Agreement After School Program Cit- of Fort worth d Cro%kle} Independent School District- Exhibit D Page 20 of 22 FORT WORTH CRIME CUN rROL &PREVENTIuN DISTRICT E-rhibit E Fiscal Year 2019 Quarterly Program Effectiveness Measurement Report Current Reporting Quarter j Submitting Agency Crowley ISD Contact Name Crystel Polk Phone N urn ber and Em at 1 817-297-5296 Crystel.Polk;&Crowley.kI2.tx.us Remit Address Po Box 688, Crowley, TX 76036 Please include outcome narrative that describes how measure was accomplished for each quarter. Effectiveness Measures and Quarterly Outcomes Measure I Each quarter, 109 additional unduplicated at risk students will participate in math tutorials, and 50% of those students will demonstrate math improvement. Outcome Measure 2 Each quarter, 103 additional unduplicated at risk students will participate in English Language Arts and Reading (ELAR) tutorials and 50% of those students will demonstrate ELAR improvement. Outcome Measure 3 Each quarter, 116 additional unduplicated at risk students will participate in the program and 50% of those will demonstrate increased attendance. Outcome Measure 4 Each quarter, 116 additional unduplicated at risk students will participate in the program and 50% of those will demonstrate improved behavior. Outcome I have reviewed this report and certify,that the measures provided are accurate and appropriately reflect the CCPD goals set forth in the contract. Authorized Signatory Signatory Title Date Report due each quarter: I''Quarter(Oct-Dec)due January 15 2nd Quarter(Jan-Mar)due April 15 Yd Quarter(Apr-June)due July 15 4d'Quarter(Jul-Sep)due October 15 FY"2019 Interlocal Agreement After School Program Cih of Fort worth&Crowley Independent School District-Exhibit E Page 21 of 22 E_rhihit F Request for Budget Modification Fiscal Year 2019 Date Submitting Agenc,, Contact dame Phone Number and Email Remit,Address DIRECT COSTS (90% minimum) Budget Category Approved Budget Change Requested Revised Budget Personnel Fringe Benefits Travel and Training Equipment Supplies Con tracts'Consultants Other Approved Total Direct Costs INDIRECT COSTS (10% maximum) Budget Category Approved Budget Change Requested Revised Budget Personnel Fringe Benefits Travel and Training Equipment Supplies Contracts/Consultants Other Approved Total Indirect Costs Modification Narrative(describe in detail what change is for) I have reviewed this request and certify that the listed modifications are correct. Authorized Signatory Signatory Title Date FWPD STAFF USE ONLY 0 Modification Approved 13 Modification NOT Approved FWPD Staff Signature Date FY 2019 Interlocal Agreement After School Program City of Fort Worth& Crowley Independent School District-Exhibit F Page 22 of 22 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FOR�TN COUNCIL ACTION: Approved on 9/25/2018 REFERENCE ** 35SCHOOL RESOURCE DATE: 9/25/2018 NO.: C-28865 LOG NAME: OFFICER PROGRAM FY 19 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of Agreements with Fort Worth, Keller, Eagle Mountain Saginaw, Crowley, Northwest, and Lake Worth Independent School Districts, and Lena Pope Home, Inc., to Operate the School Resource Officer Program(Formerly the School Security Initiative Program)for Fiscal Year 2019 in the Total Program Amount of$5,695,176.93 (CCPD Funded) (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of the School Resource Officer Program Agreements with the Fort Worth, Keller, Eagle Mountain Saginaw, Crowley, Northwest, and Lake Worth Independent School Districts, and Lena Pope Home, Inc.,to operate the School Resource Officer Program for Fiscal Year 2019 in the total program amount of$5,695,176.93. DISCUSSION: The Fort Worth Police Department(FWPD) and area school districts work together to provide youth a safe educational environment by providing FWPD officers at schools within the city limits of Fort Worth. Under the School Resource Officer Program, operational costs, equipment funds, and personnel costs are provided through the Crime Control Prevention District(CCPD) budget,which is then reimbursed pursuant to the terms of the Agreements with each school district and Lena Pope Home, Inc. For Fiscal Year 2019, a total of 77 officers are assigned to the School Resource Officer Program with a total budget of$9,502,600.00, of which $5,695,176.93 will be allocated for the School Resource Officer Program Agreements with the school districts and Lena Pope Home, Inc.The participating school districts, and Lena Pope Home Inc., reimburse CCPD for 50 percent of operating and personnel costs for 67 of the 77 positions. Keller ISD has requested a mobile officer to rotate between schools specifically within the school district. Keller ISD will reimburse CCPD for 100 percent of the dedicated officer's costs.The remaining nine supervisor and relief positions, consisting of two relief officers, one detective, five sergeants, and one lieutenant, are reimbursed to CCPD at 100 percent. The reimbursement costs of the supervisor and relief positions are apportioned to each participant based on the number of officers assigned to each school district. During the term of these contracts, October 1, 2018, through September 30, 2019, each participant will have a set number of officers assigned to them as follows: - Fort Worth ISD will have forty-four officers assigned to them at a cost of$3,644,677.08. - Eagle Mountain Saginaw ISD will have five officers assigned to them at a cost of$414,167.85. - Crowley ISD will have five officers assigned to them at a cost of$414,167.85. - Keller ISD will have four officers plus a dedicated, mobile officer assigned to them at a cost of $476,662.02. - Lake Worth ISD will have one officer assigned to them at a cost of$82,833.57. - Northwest ISD will have seven officers assigned to them at a cost of$579,834.99. - Lena Pope Home Inc.,will have one officer assigned to them at a cost of$82,833.57. Payments from the participating school districts and the Lena Pope Home shall be rendered to the City on a monthly basis and deposited into a CCPD account. The total expected reimbursement amount is $5,695,176.93. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that, contingent upon adoption of the Fiscal Year 2019 Budget by City Council, funds will be available in the Fiscal Year 2019 Budget of the Crime Control and Prevention District Fund and the Police Department is responsible for verifying the availability of funds prior to an expenditure being made. The Police Department is responsible for the collection and deposit of funds due to the City. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 Submitted for City,Manager's Office by: Jay Chapa (5804) Originating Department Head: Joel Fitzgerald (4231) Additional Information Contact: Tiffany Moore(4223) ATTACHMENTS form 1295 City of FW School Resource Officer,pddf