HomeMy WebLinkAboutContract 51367 CITY SECRETARY
CONTRACT NO.
INTERLOCAL AGREEMENT
BETWEEN
KELLER 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
KELLER INDEPENDENT SCHOOL DISTRICT, hereinafter referred to as
("Contractor") acting by and through Rick Westfall, 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 (1) 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 Keller 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 the Keller Independent School District
After School Program(KISD 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:
RECE jVEL) 1. This Interlocal Agreement for the KISD After School Program
2. Exhibit A—Scope of Work
crryor'- ^` ' 3. Exhibit B—Budget
oRT fNo
07ySren4nyW 2019 Interlocal Agreement After School Program OFFICIAL RECORD
City of Fort Worth&Keller Independent School District CITY SE(r`RETARY Page 1 of 22
FT. WORTH, TX
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 City 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, more fully detailed in Exhibit "D" and "E". Contractor shall
be responsible for day-to-day administration of the KISD After School Program. Contractor
agrees to expend the Program Funds in accordance with its KISD 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$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
month. Submittal of a monthly RFR and Program Activities Report is required even if
services are not provided.
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City of Fort Worth&Keller Independent School District Page 2 of 22
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 Management 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 is 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 "F") 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 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.
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
Agreement must be completed no later than September 30, 2019.
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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 15th 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:
(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;
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(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 waives 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 effective
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 KISD
After School Program. Contractor shall maintain, replace, or repair any item of equipment
used in support of the KISD 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
KISD 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 Grant Management Section at the address set forth in paragraph 2.2 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,
employees, and subcontractors, upon demand by City, shall make such records readily
available for investigation, 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.
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7.2 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 agreement(s)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.
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 of KISD 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.
Section 7 shall survive the expiration or termination of this Agreement.
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 respondeat 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,
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.
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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. Liability
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 KISD 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 KISD 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
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.
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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 age, 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 any 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,to the extent allowed by law.
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.
13.2 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. The Parties and their respective governing bodies do not waive
any immunity by entering into this Agreement, and each fully retains all immunities and
defenses provided by law or otherwise with respect to any action based on or occurring as a
result of this Agreement.
15. Insurance Requirement.
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City of Fort Worth&Keller Independent School District Page 8 of 22
15.1 Contractor shall procure and shall maintain during the term of this Agreement the
following 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
relinquishment to any extent of City's right to assert or rely upon any such term or right on
any 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.
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City of Fort Worth&Keller Independent School District Page 9 of 22
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 Management Section
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: Rick Westfall, Superintendent
Keller Independent School District
350 Keller Parkway
Keller,TX 76248
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.
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City of Fort Worth&Keller Independent School District Page 10 of 22
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 and its counsel have reviewed 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 (I-9). Upon request by City, Contractor shall provide City with copies of
all I-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.
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[SIGNATURE PAGE FOLLOWS]
FY 2019 Interlocal Agreement After School Program
City of Fort Worth&Keller Independent School District Page 11 of 22
APPROVED AND AGREED FOR
CITY OF FORT WORTH
APPROVED AND AGREED FOR
KELLER INDEPENDENT SCHOOL
Jesus J. Chapa DIS
Assistant City Manager
Date: Rick We f 1
Superin ent
APPROVAL RECO NDED
i J Date:
Chief Joel F. Fitzgerald
Chief of Police APPROVED AS TO FORM AND
L ALITY FOR KISD
Date: a
APPROVED AS TO FORM AND t D Attorney
LEGALITY FOR CITY OF FORT q -
WORTH Date: 6 U
Thomas Royce Hansen TTEST
Assistant City Attorney F O R T
Date: �� 0
M` c C'01�g 9 a lyf J. Kayser
Form 1295 Certification No: ecretary
NOT REQUIRED �r ` //ll f�'// Q
S e: U ! ( (�
, DEXA
Contract Compliance Manager:
By signing I acknowledge that I am the
person responsible for the monitoring
and administration of this contract,
including ensuring all performance
and re to quire ents.
Name.
Title: Contract Compliance Specialist
O
FFICIALRECORD
FY 2019 Interlocal Agreement Ager School Program
City of Fort Worth&Keller Independent School District RETARY Page 12 of 22
H TX
EXHIBIT A
SCOPE OF WORK
During the 2018-2019 year, Keller ISD will partner with Clayton Youth Enrichment to provide
enriching afterschool opportunities to approx. 1,100-1,200 students across 18 school sites.
The program will primarily be run by Clayton after-school staff, with occasional support from
KISD faculty personnel and contract enrichment providers. Clayton provides one full-time Site
Coordinator and 2-4 part-time Program Specialists to run the program. Our 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. Our Program
Specialists are generally college-students pursuing a background in education, recreation or
child development. CCPD funding will be used to support approx. six of these part-time
positions across the program service area.
CCPD funding will be used to serve the following KISD campuses within Fort Worth city limits:
Bette Perot Elementary
Caprock Elementary
Eagle Ridge Elementary
Freedom Elementary
Friendship Elementary
Independence Elementary
Lone Star Elementary
Woodland Springs Elementary
Basswood Elementary
Bluebonnet Elementary
Heritage Elementary
North Riverside Elementary
Park Glen Elementary
Parkview Elementary
Sunset Valley Elementary
Trinity Meadows Intermediate
Chisholm Trail Intermediate
Parkwood Hill Intermediate
FY 2019 Interlocal Agreement After School Program
City of Fort Worth&Keller Independent School District—Exhibit A Page 13 of 22
The goals of this program are to 1. Provide a safe environment afterschool, through abiding by
the Texas Department of Family and Protective Services Minimum Standards for School-Age
Programs, 2. Develop children in their social-emotional skills, as defined by CASEL and
measured by the Devereux Student Strengths Assessment, 3. Offer a variety of youth
development activities for learning enrichment and skill-building, developed in part from
standards established by the National After School Association and the Weikart Center for
Youth Development, and 4. Partner with the school day to support academic success, through
reinforcing campus rules with students, providing daily homework support, having regular
communication with campus administrators, and participating in school-sponsored events.
Programming will focus on the following content areas at least once per week:
- Life Skills: Community Service/College & Career
- Academic Enrichment: Math, Science, Literacy, Cultural Studies
- Health, Wellness and Recreation
- Homework Help and school-day alignment
- Visual and Performing Arts
- Character Development and Social Emotional Learning
A typical daily afternoon schedule is outlined below:
3:00pm-3:30pm Student check-in, table discussions and family style snack service
3:30pm-4:15pm Homework, independent reading, and academic mentoring
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-6:30pm Weekly clubs and independent choice stations
6:00pm-6:30pm Student check-out; parent connection period
The Scope of Work is to be performed and documented in compliance with the monthly
program activities and quarterly effectiveness measurement reports outlined in exhibits D and
E.
FY 2019 Interlocal Agreement After School Program
City of Fort Worth&Keller Independent School District—Exhibit A Page 14 of 22
Exhibit B
Budget Narrative
Fiscal Year 2019
The CCPD-funded "Keller After School"program is proud to provide enrichment programming
through after school activities to over 1,000 children within Keller ISD. The plan for the 2018-2019
school year is to provide services to students in grades K-6 across 18 school campuses in northeast Fort
Worth.
Direct program costs (approx. 90% of the budget total) include staff personnel for direct
programming, staff training,program supplies and teaching aids, and partial provider enrichment vendors.
Direct staffing will include the payroll costs and payroll taxes to assist in paying for six `Program
Specialists' at our largest locations. These Program Specialists are responsible for the daily instruction
and supervision of up to 15 students in an assigned age/grade level,acting as a group leader for rotational
activities. Staff training through CCPD funds will include equipping our afterschool personnel with
courses in social and emotional learning. Program supplies will include both consumable materials and
reusable resources, to aid in the teaching of math, science, literacy, character development, community
service, and workforce readiness. In addition, enrichment vendors from the community will be invited to
lead monthly instruction and presentations for the children, including science, ethics, theater, sports, fine
arts,etc.
Indirect program costs(approx. 10% of the budget total) include partial salaries and payroll taxes
for administrative personnel assigned to assist with program implementation. These staff will include
accounting specialists, and human resources personnel. Our Accounting Assistants are responsible for
processing CCPD-related expenses and invoices, while our Human Resources Coordinators handle the
hiring and payroll of staff and contractors. This administrative allocation helps to ensure compliance with
company policies — including finances, program reporting and service delivery — and also dedicates
resources for effective communication between Keller ISD and its partner CBO, Clayton Youth
Enrichment.
(See pages 2-3 for program budget specifics and break-down of funds to be spent)
FY 2019 Interlocal Agreement After School Program
City of Fort Worth&Keller Independent School District—Exhibit B Page 15 of 22
Direct Costs(90.14%of budget total)
A. Personnel:
$48,840.00 total budgeted.(39.07%)
6 Program Specialists at$11.00/hr. at 20 hours per week over 37 weeks($48,840.00)
Increased from prior year to account for actual spending—more part-time Clayton staff used for
enrichment rather than higher cost contract teachers or partial providers.
B. Fringe Benefits:
$5,364.00 total budgeted.(4.29%)
Calculated at approx. 11%for payroll taxes for 6 Program Specialists($4,885.00)
C. Travel&Training: (0.38%)
$480.00 total budgeted. The program plans to spend $480 for a social emotional learning
consultant to lead SEL trainings twice per year during our seasonal conferences. The trainings
will be$80.00 per hour for a 3 hour session(2 trainings x$240=$480.00).
D. Equipment: (0%)
No costs allocated/budgeted for major equipment purchases.
E. Supplies: (26.96%)
$33,696.00 total budgeted. The program plans to spend approx. $208.00 per month over 9
months at each of the 18 school sites for consumable supplies and program materials. ($208.00
per month x 9 months x 18 school sites=$33,696.00)
F. Contracts/Consultants: (19.44%)
$24,300 total budgeted. The program plans to spend$24,300 for contracted partial providers and
enrichment vendors for all 18 school sites. These contractors will be paid approx. $75.00 per
session(2 hours)for 18 visits through the school year, and will lead specialty instruction($75.00
per session x 18 visits x 18 school sites=$24,300).
Decreased from prior year to account for actual spending—more part-time Clayton staff used for
enrichment rather than higher cost contract teachers or partial providers.
G. Other Approved: (0%)
No other program costs are expected to be reimbursed through this budget category.
Indirect Costs(9.86%of budget total)
A. Personnel: (8.88%)
$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 week x 2 staff x 37 weeks=$11,100.00).
B. Fringe Benefits: (0.98%)
$1,220.00 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&Keller 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 $48,840
PERSONNEL TOTAL: $48,840.00
B. FRINGE BENEFITS
Payroll Taxes $5,364
FRINGE BENEFITS TOTAL $5,364.00
C.TRAVEL AND TRAINING
Training $480
TRAVEL AND TRAINING TOTAL $480.00
D. EQUIPMENT
None $0
EQU I P M ENT TOTAL $0.00
E.SUPPLIES
Teaching Aids and Program Materials $33,696
SUPPLIES TOTAL $33,696.00
F.CONTRACTS/CONSULTANTS
Partial Provider Enrichment Vendors $24,300
CONTRACTS/CONSULTANTS TOTAL $24,300.00
G. OTHER APPROVED
None $0
OTHER APPROVED TOTAL $0.00
INDIRECT PROGRAM COSTS(10%Maximum) Total
$12,320.00
A. PERSONNEL
Salaries $11,100
PERSONNEL TOTAL: $11,100.00
B. FRINGE BENEFITS
Payroll Taxes $1,220
FRINGE BENEFITS TOTAL $1,220.00
FY 2019 Interlocal Agreement After School Program
City of Fort Worth&Keller Independent School District—Exhibit B Page 17 of 22
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 After School Program
City of Fort Worth&Keller Independent School District—Exhibit B Page 18 of 22
FORT WORTH, Exhibit C
Request for Reimbursement(RFR)
FY 2019
CRIME CONTROL ---
&N-o'Rl mrm l> .. - -
Submit To: Submitting Agency: Keller ISD –
Bob Bolen Public Safety Complex ! Contact Name: Laura Lockhart
Attn: Keith Morris Phone Nun-ber: (817)7441105
Financial Management Division ' � laureawatied0kellerisd.not
505 West Felix St — --
Fort Worth, TX 76115 �Remit Address: 1350 Keller Parkway,Keller,Texas,76248
Invoice Numtber: - �
_jI !Month ofRequest:
DIRECT COSTS(90%Minimum)
Y� A B C D E
Total of PreviousA-D
Thia Month's
Budget Category Budget Amount Reimbursements Total Requested Remaining Balance
Requested Request To-Date Available
A Personnel S 48,840.00 S - $ 48,840.00
B Fringe Benefits S 5,364.00 S - S 5,364.00
C Travel&Training S 480.00 S - S 480.00
D Equipment s - s - S -
E Supplies S 33,696.00 S 33,696.00
F Contracts/Consultants S 24,300.00 S 24,300.00
G Other Approved S S
Total Direct Costs $ 112,680.00 $ $ S S 112,680.00i
INDIRECT COSTS(10%Maximum)
A B C D E
Total of PreviousThia Month's (A-D
Budget Category Budget Amount Reimbursements Request Total Requested Remaining Balance
Requested To-Date Available
A Personnel S 11,100.00 $ - S 11,100.00
B Fringe Benefits S 1,220.00 S - S 1,220.00
C Travel&Training S - S -
D Equipment $ - $ -
E Supplies s - s -
F Contacts/Consultants S - S -
G 10therApproved S S
Total InDirect Costs Is 12 20.00 1$ I$ $ Is 12.320.00
Supporting documents required with monthly requests. sl
This includes,timesheets depicting CCPD funded activities, Total Budget: S 125,000.00
copy ofpaycbecks,invoices and receipts detailing all CCPD Previous Requests: $ -_
funded expenditures. This Request: $ _
Total Requested To-Date $
Rernamhtg Funds 1 S 125 000.00
I have reviewed this request and certify that these listed expenses and support documentation are accurate.
Authorized Signatory Signatory Title Date
I
Fiscal Agent Use Only
Purchase Order# Fund Dept/D Aocsant
J—
RFR Approved For Payaw.n _ —
Gant Staff Signature Date
Finance Received Stamp Placed Below - L
FY 2019 Interlocal Agreement After School Program
City of Fort Worth&Keller Independent School District–Exhibit C Page 19 of 22
Exhibit D
Fiscal Year 2019
Monthly Program Activities Report
Current Reporting
Month
Submitting Agency Keller ISD
Contact Name Laura Lockhart
Phone Number and (817) 744-1105
Email
Remit Address 350 Keller Parkway, Keller, Texas, 76248
Activity Current To Date Year
Month Total End
Total Goal
1 Number of unduplicated students participating in a Clayton Youth 1186
Enrichment Keller After School grant funded after school program.
2 Number of unduplicated students participating in a Clayton Youth 937
Enrichment-Keller After School community service or college and
career activity.
3 Number of unduplicated students participating in Clayton Youth 950
Enrichment-Keller After School academic enrichment activities such as
math,science,and reading.
4 Number of unduplicated students participating in Clayton Youth 981
Enrichment-Keller After School health and recreation activities.
5 Number of unduplicated students participating in Clayton Youth 1090
Enrichment-Keller After School homework help and academic
assistance.
6 Number of unduplicated students participating in Clayton Youth 950
Enrichment-Keller After School fine arts(visual/performing)activities.
7 Number of unduplicated students participating in Clayton Youth 1029
Enrichment-Keller After School social emotional learning or character
development activities.
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
FY 2019 Interlocal Agreement After School Program
City of Fort Worth&Keller Independent School District—Exhibit D Page 20 of 22
Exhibit E
Fiscal Year 2019
Quarterly Program Effectiveness Measurement Report
Current Reporting
Quarter
Submitting Agency Keller ISD
Contact Name Laura Lockhart
Phone Number and (817) 744-1105
Email
Remit Address 350 Keller Parkway
Keller, Texas, 76248
Please include outcome narrative that describes how measure was accomplished for each
quarter.
Effectiveness Measures and Quarterly Outcomes
Measure 1 Of the students who are regularly enrolled in a Keller After School program through Clayton
Youth Enrichment, at least 90%will participate in homework help and/or tutoring.
Outcome
Measure 2 Of the students who are regularly enrolled in a Keller After School program through Clayton
Youth Enrichment, at least 75%will participate in health &wellness recreation, academic
enrichment, character development and fine arts projects and activities.
Outcome
Measure 3 Of the students who are regularly enrolled in a Keller After School program through Clayton
Youth Enrichment, at least 75%will participate in a community service or college and career
activity at least once a month.
Outcome
Measure 4 Of the students who are regularly enrolled in a Keller After School program through Clayton
Youth Enrichment, at least 80%will report increased school success in at least one subject due to
homework help and character development activities.
Outcome
Measure 5 Of the students who are regularly enrolled in a Keller After School program through Clayton
Youth Enrichment, at least 80%will report they feel safe and a sense of belonging in the program.
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: 151 Quarter(Oct-Dec)due January 15 2"d Quarter(Jan-Mar)due April 15
3`d Quarter(Apr-June)due July 15 4`h Quarter(Jul-Sep)due October 15
FY 2019 Interlocal Agreement After School Program
City of Fort Worth&Keller Independent School District—Exhibit E Page 21 of 22
Exhibit F
Request for Budget Modification
Fiscal Year 2019
Date _
Submitting Agency
Contact Name
Phone Number and Email
Remit Address
DIRECT COSTS (40%minimum)
Budget Category Approve Budget Change Requested Revised Budget
Personnel
Fringe Benefits
Travel and Training
Equipment
Supplies
Contracts/Consultants
Other Ap roved
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
Q Modification Approved '�indification NOT Approved
FWPD Staff Signature Date
FY 2019 Interlocal Agreement After School Program
City of Fort Worth&Keller Independent School District—Exhibit F Page 22 of 22
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORTI'ORTH
COUNCIL ACTION: Approved on 9/25/2018
DATE: 9/25/2018 REFERENCE C-28874 LOG NAME: 35AFTER SCHOOL
NO.: PROGRAMS FOR FY19
CODE: C TYPE: NOW PUBLIC CONSENT HEARING: NO
SUBJECT: Authorize Execution of Agreements with Fort Worth, Keller, Crowley, and White
Settlement Independent School Districts for Operation of After-School Programs in the
Total Program Amount of$1,600,000.00 for Fiscal Year 2019 (CCPD Funded) (ALL
COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of Agreements with the Fort Worth,
Keller, Crowley, and White Settlement Independent School Districts in the total program amount of
$1,600,000.00 for the operation of After-School Programs at selected schools during Fiscal Year
2019.
DISCUSSION:
National research shows that adolescents are most at risk on school days between the hours of 3:00
p.m. and 6:00 p.m. of being a victim of a crime or of committing a crime. In response to this concept,
a multi-disciplinary task force was formed in 2001 consisting of City officials, school district personnel,
and related service providers. This task force developed a coordinated program for Fort Worth
Independent School District schools that documented juvenile crime patterns.
Each year since 2001, the City of Fort Worth (City) has funded After-School Programs using
appropriations from the Crime Control and Prevention District(CCPD). The participating school
districts have expanded beyond Fort Worth ISD to include Keller ISD, Crowley ISD, and White
Settlement ISD; however, only schools that lie within the boundaries of the City receive CCPD
funding. Each district is responsible for the day-to-day administration of its after-school program and
is required to establish program goals and objectives that are measurable and result in desired
program outcomes. Today, the mission of the After-School Programs is to provide a safe environment
for educational, physical, and social development leading to a reduction in juvenile crime.
Funding will be allocated as follows to each district in Fiscal Year 2019 on a reimbursement basis:
Fort Worth ISD funding in the amount of$1,300,000.00.
Keller ISD funding in the amount of$125,000.00.
Crowley ISD funding in the amount of$125,000.00.
White Settlement ISD funding in the amount of$50,000.00.
These Agreements will be effective October 1, 2018, and will end on September 30, 2019.
This program serves ALL COUNCIL DISTRICTS.
This contract will be with a governmental entity, state agency or public institution of higher education:
Fort Worth ISD, Keller ISD, Crowley ISD, and White Settlement ISD.
This M&C does not request approval of a contract with a business entity.
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.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfleld 2
FROM
Fund Department Account Project Program Activity Budget Reference# I Amount
ID I I ID I I Year Chartrield 2
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Joel Fitzgerald (4231)
Additional Information Contact: Tiffany Moore (4223)
ATTACHMENTS
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORTTH
DATE: 9/25/2018 REFERENCE C-28874 LOG NAME: 35AFTER SCHOOL
NO.: PROGRAMS FOR FY19
CODE: C TYPE: NOW PUBLIC CONSENT HEARING: NO
SUBJECT: Authorize Execution of Agreements with Fort Worth, Keller, Crowley, and White
Settlement Independent School Districts for Operation of After-School Programs in the
Total Program Amount of$1,600,000.00 for Fiscal Year 2019 (CCPD Funded) (ALL
COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of Agreements with the Fort Worth,
Keller, Crowley, and White Settlement Independent School Districts in the total program amount of
$1,600,000.00 for the operation of After-School Programs at selected schools during Fiscal Year
2019.
DISCUSSION:
National research shows that adolescents are most at risk on school days between the hours of 3:00
p.m. and 6:00 p.m. of being a victim of a crime or of committing a crime. In response to this concept,
a multi-disciplinary task force was formed in 2001 consisting of City officials, school district personnel,
and related service providers. This task force developed a coordinated program for Fort Worth
Independent School District schools that documented juvenile crime patterns.
Each year since 2001, the City of Fort Worth (City) has funded After-School Programs using
appropriations from the Crime Control and Prevention District (CCPD). The participating school
districts have expanded beyond Fort Worth ISD to include Keller ISD, Crowley ISD, and White
Settlement ISD; however, only schools that lie within the boundaries of the City receive CCPD
funding. Each district is responsible for the day-to-day administration of its after-school program and
is required to establish program goals and objectives that are measurable and result in desired
program outcomes. Today, the mission of the After-School Programs is to provide a safe environment
for educational, physical, and social development leading to a reduction in juvenile crime.
Funding will be allocated as follows to each district in Fiscal Year 2019 on a reimbursement basis:
Fort Worth ISD funding in the amount of$1,300,000.00.
Keller ISD funding in the amount of$125,000.00.
Crowley ISD funding in the amount of$125,000.00.
White Settlement ISD funding in the amount of$50,000.00.
These Agreements will be effective October 1, 2018, and will end on September 30, 2019.
This program serves ALL COUNCIL DISTRICTS.
This contract will be with a governmental entity, state agency or public institution of higher education:
Fort Worth ISD, Keller ISD, Crowley ISD, and White Settlement ISD.
This M&C does not request approval of a contract with a business entity.
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.
TO
Fund Department Account Project Program Activity Budget Reference#
ID ID Year (Chartfield 2) Amount
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