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HomeMy WebLinkAboutContract 53064 i RECEIVED NOv 1 B 20'9 CIRtC�FpR�WCRTH CSC No.53064 CITY SECR�ARY i INTERLOCAL AGREEMENT I 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("District"),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 2020 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, the 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 District agree that the activities of elementary and middle school children during these critical hours are of paramount importance to both government entities; and WHEREAS, District proposes to continue the Crowley Independent School District 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! 1. This Interlocal Agreement for the CISD After School Program 2. Exhibit A—Scope of Work 3. Exhibit B—Budget 4. Exhibit C—Request for Reimbursement FY 2020 Interlocal Agreement CISD After School Program CFW&CISD Page 1 of 28 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX i I I 5. Exhibit D—Program Activities Report 6. Exhibit E—Program Effectiveness Measures Report 7. Exhibit F—Request for Budget Modification 8. Exhibit G—Corrective Action Plan Template i Exhibits A through G, 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 G,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 "District"shall include District, and its officers, agents, employees, representatives, servants, contractors, and subcontractors. The term"Party"shall refer to either City or District. i The term "Parties"shall refer to both City and District. AGREEMENT 1. Responsibilities bf District. District 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". District shall be responsible for day-to-day administration of the CISD After School Program. District 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 Measures Report. District will be responsible for the enforcement of these responsibilities on any After-School Program Service Providers that are selected by the District. The District shall include the same Program Activity Reports and Effectiveness Measures in any After-School Program Service Providers Contracts that District enters into associated with the funds provided through this Agreement. The City will be provided with copies of all executed agreements between the District and any After-School Program Service Providers within five days of their execution. 2. Prbaram'Funds. 2.1 In no event shall the total distribution from City made to the District during the term of this Agreement exceed the total sum of$125,000.00. 2.2 Payment of the Program Funds from City to District shall be made on a cost- reimbursement basis following receipt by City from District of a signed Request for Reimbursement ("RFR"), as described in Exhibit "C," and copies of all receipts and support documentation. District shall deliver to City a written detailed Program Activities Report and Program Effectiveness Measures Report as described in Section 4.2 below with each RFR to FY 2020 Interlocal Agreement CISD After School Program CFW&CISD Page 2 of 28 i j i i support expenditure of Program Funds. Such reports shall be signed by the District or duly authorized officer of the District. The RFR and monthly Program Activities Report shall be submitted to City no later than the 15`h day following the end of the month. Submittal of a s monthly RFR and Program Activities Report is required even if services are not provided. Each monthly RFR must be sequentially numbered and include expense documentation that is detailed,clear and concise. The submitted RFR shall include applicable monthly and quarterly reports as applicable. Submissions must be scanned and submitted to the Grants and Program Management Section of the Fort Worth Police Department. Submissions should be titled "Organization—RFR Month" and sent either via email to CPD-:Grantsgfortwotihtexas.gov or via mail to ATTENTION:Contract Compliance Specialist,Financial Management Division, Bob Bolen Public Safety Complex, 505 W. FeIix 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 from the District. Additionally, a quarterly Program Effectiveness Measures Report from District 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. Incomplete or incorrect submissions will be returned to the District for i resubmission,restarting the 30-day reimbursement schedule. 2.3 District 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, District must submit the Budget Modification Form (Exhibit "F") to City, with the monthly RFR, in j the month when the modification took place. The new modified budget cannot exceed the total amount of Program Funds. 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. 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. 2.4 District will document cost allocations for all budgeted expenses throughout the entirety of the Agreement and will be responsible for having a policy and procedure in place for this documentation. Specifically, District will document how all shared costs, personnel time, or equipment, that was fully or partially paid for using CCPD funds, were used in furtherance of the program activities described in this Agreement.Documentation of these cost allocations, as well as a copy of the District's policy and procedures for the documentation of the cost allocations shall be made available to the City upon request. FY 2020 Interlocat Agreement CISD After School Program CFW&CISD Page 3 of 28 i i 2.5 The City reserves the right to reject any budget modification that the City believes, in its sole discretion, is not clearly aligned with the program activities and any requests for reimbursement expenses that the City believes, in its sole discretion, are not specified in Exhibit B of this Agreement or an approved budget modification form. 2.6 The District will be responsible for imposing the same program funding requirements as listed in Section 5 of this Agreement on any After-School Program Service Providers that it selects to carry out its After-School Programs and will report any budget modifications that an After-School Program Service Provider makes to the City. 2.7 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 vice versa. 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 either via email to CPD Giants ic;fortworthteas: w; or via mail to Contract Compliance Specialist, Financial Management Division, Bob Bolen Public Safety Complex, 505 W. Felix St., Fort Worth, Texas,76115. 3. Term. This Agreement shall commence upon October 1, 2019, ("Effective Date"), and shall end on September 30, 2020, ("End Date"). All of District's expenditures under this Agreement must be completed no later than September 30,2020. 4. Program Performance, 4.1 District agrees to maintain full documentation supporting the performance of the work and fulfillment of the objectives set forth in Exhibit"A." 4.2 District agrees to provide a monthly Program Activities Report and quarterly Program Effectiveness Measures Report to document the performance of the work described in Exhibit "D" and Exhibit "B," respectively. The Program Activities and Effectiveness Measures 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 Measures 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 Measures Report must include descriptions of any realized successes. The monthly Program Activities and quarterly Program Effectiveness Measures Reports shall be submitted to City no later than the 15th day after the end of each month. 4.3 District agrees that the monthly Request for Reimbursement and Program Activities Report and quarterly Program Effectiveness Measures Report will be submitted to City no later than the 15th day after the end of each month. Should District not be able to meet these requirements in a given month, the District shall provide written notification prior to the deadline that details the expected date of submission. If no notification is received before the FY 2020 Interlocal Agreement CISD After School Program CFW&CISD Page 4 of 28 15th day, the City may document for future corrective action. If, by the last day of the same month, District has not submitted the required reports, City will send a non-compliance letter notifying District's duly authorized representative of a possible suspension of program funding. 4.4 District agrees to complete a Corrective Action Plan (CAP)in the event of three(3) consecutive months or six (6) non-consecutive months with incomplete or incorrect submissions of an RFR, Program Activities Report(PAR),or Program Effectiveness Measures Report (PEMR). District also agrees to complete a Corrective Action Plan for recurring late submissions of an RFR, PAR, PEMR or for failing to take corrective actions and responding to audit reports by the City. The CAP will contain the identified issue found by the City, how the District will correct that issue, who the responsible person will be to ensure completion, and a target completion date. An example of this form is attached as Exhibit"G." 4.5 A representative of the program from the District shall attend quarterly meetings of the Crime Control and Prevention District Board as requested. 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 District 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 District 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 District a notice of termination, specifying the portion of the Agreement affected and the effective date of termination. Upon District's receipt of notice of termination, District 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; (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 ortermination is determined to be invalid,the District's sole remedy shall be reinstatement of this Agreement. District expressly waives any and all rights to monetary FY 2020 Interlocal Agreement CISD After School Program CFW&CISD Page 5 of 28 I � i i 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,District shall return to City any property provided hereunder. City will have no responsibility or liability for District'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. District shall maintain all equipment used in the administration and execution of the CISD After School Program. District 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 District. District shall not use Program Funds or City funds to repair or replace said equipment. District 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, District 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. Admid&trative Repuirement5 . 7.1 District 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 and to allow for reasonable audits of such records during regular business hours, at the expense of the City or District, with such audit to be performed by an auditor selected by the City or the Board. 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 District under this Agreement. District, 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 District's operations will be undertaken and may be conducted either by City (performed by staff in the Police Department or the City's Internal Audit Department) or an independent auditor approved by the City or Board. District shall submit a copy of any audit performed by their own independent auditor within 30 days of receipt of the final audit report. In addition, if the District receives $300,000.00 or more during any fiscal year, the District shall also be required, at its own cost,to engage an independent third-party to perform an audit regarding the receipt and use of CCPD funding and to provide a copy of such audit report to City staff. If a funding recipient is already obtaining a general audit of its financial matters by an independent third-party, that audit may be used to satisfy this requirement so long as it specifically includes separate review of the records of CCPD funds. Because the independence FY 2020 Interlocal Agreement CISD After School Program CFW&CISD Page 6 of 28 i of external audit firms is best maintained by changing firms regularly, if a funding recipient continues to use the same audit firm for more than three consecutive fiscal years, that fact will be reported to the Board and may result in the amount of funding to the recipient being reduced or eliminated. I 7.2 If any audit reveals a questioned practice or expenditure, such questions must be j resolved within fifteen (15)days after notice to District 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 District. 7.3 If, as a result of any audit, it is determined that District misused, misapplied, or misappropriated all or any part of the Program Funds, District 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 District'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 Measures Reports, making final payments, disposing of CISD After School Program assets, if deemed required by City in its sole discretion. 7.5 District covenants and agrees to fully cooperate with City in monitoring the effectiveness of the services and work to be performed by District under this Agreement, and City shall have access at all reasonable hours to offices and records of the District, its officers, members,agents, employees, and subcontractors for the purpose of such monitoring. 7.6 Throughout the term of this Agreement and for up to three months after its expiration, the City may periodically request, and the District will be required to provide, information for the purposes of evaluating the overall effectiveness of Crime Control and Prevention District(CCPD)funding. This information will include, but may not be limited to, the zip-codes of participating individuals of the program(s) receiving CCPD funding. Requested information will consist solely of aggregated data without any personal identifiers. Further, any information requested will not be used in a way that would violate local, state, or federal statutes, regulations, or policies. If the District maintains the information the City is requesting, the District shall provide the requested information to the City within 30 days of receipt of the request. If the District does not maintain the requested information as of the date it receives the City's request,the District shall begin collecting such information as of that date, shall provide an initial response regarding that information within sixty days, and shall thereafter update that information on request. FY 2020 lnterlocal Agreement CISD After School Program CFW R CISD Page 7 of 28 i I I If necessary,an amendment may be brought forward to identify additional specific metrics that District will be required to maintain and provide to the City to evaluate the effectiveness of the Crime Control and Prevention District Funding. Section 7 shall survive the expiration or termination of this.Agreement. 8. Independent Contractor... 8.1 District shall operate hereunder as an independent contractor and not as an officer, agent, or servant or employee of City. District 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 District, 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 District.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 District. District 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 District,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 District, 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 District, 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. District 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. FY 2020 Interlocal Agreement CISD After School Program CFW&CISD Page 8 of 28 I I I i i This section shall survive the expiration or termination of this Agreement. i 10. Non4ssignment.. No assignment or delegation of duties under this Agreement by District shall be effective without City's prior written approval. 11. )Prohib tion Against Interest. i 11.1 No member, officer, or employee of City, or its designees or agents;no member of p' the governing body of the locality in which the CISD After School Program is situated;and no c 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. District shall incorporate, or cause to be incorporated, like language prohibiting such interest, in all contracts and subcontracts hereunder. j 11.2 No officer, employee, member, or program participant of District 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 District of any land, materials, supplies, or services purchased with any funds transferred hereunder, except on behalf of District,as an officer, employee,member,or program participant.Any willful violation of this paragraph with the knowledge, expressed or implied, of District 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, District 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 District will not unlawfully discriminate against any person or persons because of age,race, color, religion, sex, disability,national origin, or sexual orientation,nor will District 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 District, its personal representatives, assigns, subcontractors or successors in interest, District 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. FY 2020 Interlocal Agreement CISD After School Program CFW&CISD Page 9 of 28 i 13. Compliance: 13.1 District, 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 District in writing to any such violation on the part of District or any of its officers, members, agents, employees, subcontractors,or program participants,then District shall immediately desist from and correct such violation. 13.2 District 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 District in writing to any such violations on the part of District or any of its officers, members, agents, employees,program participants,or subcontractors,then District 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. In su ranee-Requirement, 15.1 District 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 District'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. FY 2020 Interlocal Agreement CISD After School Program CFW&CIS Page 10 of 28 i 15.4 District further agrees that it shall comply with the Worker's Compensation Act of Texas and shall provide sufficient compensation insurance to protect District 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. 16.4 District 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 FY 2020 lnterlocal Agreement CISD After School Program CFW&C[SD Page 1 t of 28 I � I 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 DISTRICT: Dr.Michael D McFarland, Superintendent Crowley Independent School District 512 Peach Street Crowley,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 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 maintain appropriate records, which will be subject to review by the City. DISTRICT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALITIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARARGRAPH BY DISRICT,DISTRICT'S EMPLOYEES,SUBCONTRACTORS,AGENTS,OR LICENSEES. 16.10 The provisions and conditions of this Agreement are solely for the benefit of City and District and are not intended to create any rights, contractual or otherwise,to any other person or entity. 16.11 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. 16.12 City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and FY 2020 Interlocal Agreement CISD After School Program CFW&CISD Page 12 of 28 I i ! nondiscrimination. District shall verify the identity and employment eligibility of all ! employees who perform work under this Agreement. District shall complete the Employment Eligibility Verification Form (1-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. District shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. District shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. To the extent allowed by law, District shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by District. [REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE FOLLOWS] FY 2020 Interlocal Agreement CIS After School Program CFW&CISD Page 13 of 28 i i G IN WITNESS WHEREOF,the patties hereto have executed this agreement in multiples in Fort Worth,Tarrant County,Texas,to be effective this -4�--day of.&V�IbK ,20ji. CITY OF FORT WORTH CROWLEY INI)EPENDENT SCHOOL DISIMICT Jesus J.Chapa(Nov 15,2019) Jesus J. Chapa Dr,Michael b.Mc arlan i. Assistant City Manager Superintendent APPROVAL RECOMMENDED tam ic:�iuG� Edwin Kraus(Nov 5,2019) APPROVED ALS TO FORM AND Edwin Kraus LEGALITY FOR CISD Chief of Police t APPROVED AS TO FORM AND LEGALITY: CISD Attorney Tnornas rransen 0 3i Thomas Hansen(Nov 15,2019) Date: _ 1 Thomas Royce Hansen Assistant City Attomey Date-, FORT ATTEST: GU"�/L/ /,.Gl Mary J.�yser(Nov18, 19) Mary Kayser City Secretary Dater ,.. XA5 M&C Number: ` Form 1295 Certification No:NOT REOUIRED 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 reporting requirements. Keith Morris(Nov 5,2019) Name: Keith Moms Title: Contract Compliance Specialist FY 2020 Interlocal Ageement CISD After School Program CFW&CISD Page 14 of 28 ,AECORID LTY SECRETARY T WORTH,TX i EXIIIDIT A:SCOPE OF WORK I i AGENCY:Crowley ISD PROGRAM TITLE:Sports&Tutoring DIRECTOR: CrJstelPolk PHON%NU1v1BER:(817)297-5296 PHYSIC.4L ADDRESS:512 Peach St.,Crowley,Texas 76036 CONTACT PERSON: Crysicl Polk EM111, ADDRESS:M-stcl.polk(acrowlcy.k12.ts-us PHONE NUMBER:817-297-5296 F.A.\NUMBER: PROGRAXI PURPOSE ST.ATEM NT: Crowhy ISD,in partnership with Clayton Youth Enrichment,will provide attractive enrichment programs,active recreation activities,and math and literacy tutoring on campus to ensure that students have a safe environment and receive additional academic support after school. This will decrease the likelihood of children becoming either victims or perpetrators of crimes or engaging in risky/negative behaviors during the at-risk hours between 3;00pm and 6:OOpm GEOGRAPHICAI AREAAND COUNCIL DISTRICT SERVED:Please mark all that apply. City'R±ldo l'All Council Districts U'Spcciric21 C"00c001. Council District 2 C4iutail,District 6 Council Dishict3 Council Distria7 Council 1?islrich I Calii'oil Dititriet 8 Cauneil Uisti�l 50 Council District 9 AGENCY STATUS: ❑Registered Private Nonprofit ❑Registered Public'Nonprofit Ef Public School District Mark the applicable CCPD Partners with a Shared'Mission Preyrammine1!ocas Area: 0 After School Program ❑ Safe Haven Youth Program ❑ Comin'Up(fang ❑ Family Justice Center ❑ Crime Prevcnlion Agency Partnership Mark the COPI uo*sl that your program narrative addresses: ❑ Support efforts to reduce violent crime and gang-related activities through enhanced entonxment activities and crime prevention programs El Support efforts to increase the safely of residents and to dc=m crime throughout Foil Worth neighborhoods; 0 Support efforts to increase the safely of youth and reduce juvenile c6ne througlr crime prevention and intervention programs. FY 2020 Interlocal Agreement CISD After School Program CFW&CISD Exhibit A Page 15 of 28 PROGRAM ABSTRACT Provide a short description of your program.Please summarize the problem and what your program will do to address It. Crowley ISD,in partnership with Clayton Youth Enrichment,will provide attractive enrichment programs,active recreation activities,and math and literacy tutoring on campus to ensure thatstudents have safe environment and receive additional academic support after school.This will decrease the likelihood ofchildren becoming eithervictims or perpetrators of crimes or engaging in risky/negative behaviors during the at-risk hours between 3;00pm and 600pm.In addition,the after school program will provide targeted instruction specific to each students academic deficit. PROPOSAL NARRATIVE- Provide a description of your program to be funded. In this narrative,please respond to each of the following questions: ORGANIZATION 1) Briefly describe your organization's current strategic plan and how programming fits the mission, Crowley ISD's mission is to provide our students with excellence in education so that all students achieve their full potential.Goal one is to improve student achievement for all.Goal two is to provide safe,secure and nurturing schools. Goal three is to support parents and community partnerships.Through the CCPD Shared Mission program goal 1,2,and 3 will be addressed after school during the CISD Sports and Tutoring Program. The additional funding allows five(5)campuses throughout Crowley ISD to provide data driven and targeted academic ! interventions after school which aligns with CISD goal 1.The Sports and Tutoring program allows for the campuses to remain open past the normal school day.This promotes student safety and security after the school bell has rung,This aligns with CISD's goal 2,The Sports and Tutoring program has established a collaborative partnership with Clayton Youth Enrichment that enhances the offering of parent and community relationships by providing an array of enrichment activities that meet the needs of the CISD community stakeholders. The community partnerships aligns with CISD's goal three. The need of the program was identified by campus data,parent focus groups,principal input and understanding that CISD and Clayton Youth Enrichment could play an important role in increasing child safety within the city limits of Fort Worth by offering campus customized after school programming. FY 2020 Interlocal Agreement CISD After School Program CFW&CISD Exhibit A Page 16 of 28 i 2) Describe your organizations target population and who the program will benefit How many people? What age group? The after-school programs will serve 481 total students ages 6-14,1"through 9"grade. Students who are most in need of academic assistance will be the first student group targeted,The next group that will be targeted will be"latch-key" students. 3) Describe the geographic area your organization and project will serve(i.e.city wide,a specific council district, specific zip code,etc.) Currently, Crowley ISD is 58.1%economically disadvantaged,15.36% limited English proficient,and our at-risk population is 53.3%. Because of the changing demographics and community needs,we must seek ways to expand our services to meet the needs of more local families. Partner funding will be used to enhance after-school programs on 5 campuses across two Fort Worth zip codes as follows;4 campuses in 76123 and 1 campus in 76134. Crowley Independent School District is a suburban school district covering 58.4 square miles in southern Tarrant County and stretches over two municipalities;Fort Worth and Crowley.Crowley ISD serves 15,742 students in grades Pre- Kindergarten through 12th.Crowley ISD has 23 campuses,including 10 elementary schools,four(4)intermediate schools, three(3)middle schools,two(2)ninth grade schools,two(2)high schools,an alternative learning center;and a career and technology education center. PROBLEM AND CAUSES 4) Programs should address at least one of the following CCPD problem areas:a)violent crime,b);gang-related activities,c)safety of residents and/or youth,d)crime throughout Fort North neighborhoods,or e)j_wenile crime. Please Identify which problem your program's outcomes address and describe Indetall the causes cifthatprobie n. Please cite sources of information. More than a decade of research shows that after-school programs are an important support for children,families and communities,Every weekday,our local after-school programs are keeping kids safe and out of trouble as well as inspiring them to learn and giving their parents the peace ofmind they need to be more productive at work and keep their jobs. Clayton Youth Enrichment,CISD's community partner for after-school programs,surveyed parents ofchildren in their programs and found that 96°/6 said the number one reason their child was in the after-school program was because they needed a safe environment while parents completed their work day. In addition, 74%of parents continued with FY 2020 Interlocal Agreement CIS D After School Program CFW&CIS Exhibit A Page 17 of 28 i , F:.mmu; t.`URRE(VIVE,ACTION PLAN In order to complete thin favo,plrae pull out the Ilaallxed Monitoring Re+alts.Please detail the Intended action%and timeline In which the correction action will be completed.11 Is advisable that all cormcdon■to procedure be rormalixed by a policy document approved by the gm•etuing board.Additional Instructions are below. RESPONSIBLE fUtUSI' ITEM ID 61UYrroRINGFINDING comtwriVXACrIUN PERSON C'U.�DEl'IUN llA1'E I i Authorized Representative Signature Dale KvmcorAuthurixed Represculstive FY 2020 Interlocal Agreement CISD After School Program CFW&CISD Exhibit A Page 18 of 28 i i i I II ` 6) Describe the anticipated outcomes of your program and how It affects the roble s you selected from the list in Question R5.Please Include brief descriptions of your evaluation methods.Specific outcome goals will be outlined In the Effectiveness Measures Form along with data collection tools. CISD will be able to provide students with tutorials and hands-on enrichment activities.In addition,by offering safe, reliable childcare on school campuses,CISD ensures that as many children as possible will be in a supervised environment after school.This aligns with the district goal 2,therefore the after-school provider will track student participation in the various activities and overall to monitor attendance patterns and adjust the program as needed to maintain its attractiveness to students and parents.CISD will additionally track student interventions provided to help close the academic achievement gap.Specific activities and participation targets are outlined in the Effectiveness Measurement Form. 7) Describe what makes your program unique from other crime prevention programs in your area. Include descriptions of how tt compares with similar programming offered Inthe area. Crowley ISD Sports&Tutoring programs are provided in partnership with Clayton Youth Enrichment,formerly known as Clayton YESI. CISD and Clayton have been serving the community in partnership for several years and have a strong working partnership that is focused on addressing the changing needs of the children and families in the communitieswe serve.For example,both CISD and Clayton independently identified the need for a focus on social and emotional learning in our schools.We are now working together to implement complimentary programs so that CISD students receive the benefits of learning and practicing self-awareness and self-management,social awareness,responsible decision-making and healthy communication and relationship skills.Improvement in these skills has been shown to lead to fewer discipline referrals,better school day attendance,higher academic performance and both academic and personal success.Long term studies show that these skills also lead to increased personal success and satisfaction as adults. The close coordination of district and Clayton in providing this program will create an exceptional opportunity for CISD students to prepare for fulfilled,successful lives. 8) Describe:a)how long your program has been in operation,b)Its sources of financial sustainablllty,and c)why CCPD funds are necessary at this time. Crowley ISD has received CCPD funds for over 10 years,The district has used Clayton to manage the CCPD funds for afterschool since 7016. Due to Crowley ISD being 58.1%economically disadvantaged,15.36%limited English proficient, and our at-risk population is 53.3%the CCPD funds creates an avenue for parents to receive 100%free afterschooi FY 2020 Interlocal Agreement CISD After School Program CFW&CISD Exhibit A Page 19 of 28 I i childcare at identified campuses. Without the CCPD funds the families that currently are receiving services through the Sports and Tutoring program would not have free childcare that provides additional interventions and enrichment activities.CCPD funding continues to be necessary to fund enrichment services that escalate the program beyond basic childcare,and to help main a cost free after school program for our most in need families. 9) Describe and Iistwhat other funds have been secured or applied for on behalf of this program. Crowley ISD delegates the securing of program funding(aside from CCPD)to Clayton Youth Enrichment. Clayton will routinely apply for philanthropic grants to help support its afterschool programs. Recently,Clayton was awarded a charitable grant from both the Rainwater Foundation and Sid Richardson Foundation to support its Social Emotional Learning(SEL)efforts. This funding will help with specific staff training on social-emotional learning practices,and aid in funding a quality assessment coach to support both culture&climate and staff relationships with children. Clayton has also received funding from the North Texas Community Foundation,used for Trust Based Relational Invention(TBRI)staff training for those working with highly at-risk youth within Crowley ISD. FY 2020 Interlocal Agreement CISD After School Program CFW&CISD Exhibit A Page 20 of 28 i i i I I i i EXHIBIT D 1 Dudret Narrative A. Direct-Personnel lto►ltitin 'Tdid -, Total Budget S �3iidciet. �lalurtioh:- NI;� IL Direct-Fringe Deneffts Total S, Biidaer I.Cp/u,lciltbn I N/A C. Direct-Travel Total - S I3tulout Gighmallun. WIN. D. Direct-Equipment 5 - S ROM Total S N/A FY 2020 Interlocal Agreement CISD After School Program CFW&C1SD Exhibit B Page 21 of 28 i E. Direct-Supplies ,tau' Iter 'r"uatif ' lirdfGaa# -Totril-' ' Total S Burfb+et I�grfmrrttihn: N/A F. Direct-ConsuldneContracttd Services Total Budget S' Budges, Ctiulturutitln: N!A G. Direct—Sub-Awards Clayton Youth Enrichment _ i S 125.000 Total S 1Z5,000 I i I�itdprrr P_'�yih-rnurinrr: Crowley ISD will allocate the full award of$125,000 to be managed by Clayton Youth EnriehmenL Crowley ISD will submit for reimbursement using this Sub-Award category only,For reference.the break- down ofClayton Youth Enrichment expenacs as invoiced to Crowley ISD are included in a separate Exhibit S. Clayton was chosen as the district-wide contract atterschool provider in a five-year competitive application in late 2016,based on an application,interview,and reference-oheck process conducted by Crowley ISD Grant departrncnt personnel and approved by the district Board of Trustees. Clayton performance,progress and outcomes will be monitored by the district's Director of Grants,as well as each applicable school Principal, H. Direct—Occupancy Total Bud et S Bodeur Lrolevurrfun: No facility-related expcnses planned with CCPD funding. Indirect Costa FY 2020 Interlocal Agreement CISD After School Program CFW&CISD Exhibit B Page 22 of 28 I 4 Indiced Expense Total Budget 11 IndirecERate Year,[ t Administrative Costs 10 Total S BF&4danti itm- See Direct—Sub Awards category explanation. Budget Spreadsheet Total Revenue SI25,000.00 A.Salary S0.00 B.Fringe Bcnefils S0.00 C.Travel S0.00 D.&luipment S0.00 E.Supplies-_ $0.00 F.Conlract/Comultant S0.00 G._Sub-Grants_- $125,000.00 H,OCCU Ito 50.00 -'ilrlUlroo maiptittitit,l0°!0 of dirscC fro 50,00 ` FY 2020 Interlocal Agreement CISD After School Program CFW&CISD Exhibit B Page 23 of 28 i iIT EOMI C M1' Nequr+l far Rrimbunrtnml(Rl'R) N F1'21120 MWILCRVTOOL SubRdl To: wbM111n1.ymry; ['rewleP lSn M wk.Poblk Way C.upka CmIM\nK: CYyAeI Pok AM:A MlbRn Fuunciil SluupmK,a Ui,i.iv. 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Dee A-4 B.b- FY 2020 Interlocat Agreement CISD After School Program CFW&CISD Exhibit C Page 24 of 28 i EXHIBIT D:PROGRAM ACTIVITIES MONTHLY PROG%t.M ACTIVITIES REPORT Fiscal Year 2020 Current Reporting Month Submitting Agency Crowley ISD Contact Name Crystel Polk Phone Number and Email (817)297-5296,crvstel:nulk a trinvleYkl2.1:04 Remit Address PO Box 688,Crowley,Texas 76036 Cutndlt To 1]ate Year Activity Mouth Total End --- — Total Goal 1 The number of unduplicated students participating in math tutorials. 472 2 The number of unduplicated students participating in reading tutorials. 461 3 The number of unduplicated students participating in homework, 378 assistance and other academic enrichment. 4 The number of unduplicated students participating in health&wellness, 355 physical fitness and active recreation. 5 The number of unduplicated students participating in community, 133 service learning_or character development projects. 6 The total number of unduplicated students participating in CISD Sports 481 &Tutoring after school program through Clayton Youth Enrichment. 7 _ 8 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 2020[nterlocal Agreement CISD After School Program CFW&CISD Exhibit D Page 25 of 28 EXHIBIT E:EFFEC171VENESS MEASURES QUARTERLY PROGRAIM EFFECTIVENESS REPORT Fiscal Year 2020 Current Reporting Quarter Submitting Agency Crowley ISD Contact Name Crystel Polk Phone Number and Email (817)297-5296,enslal:nniktatcrowlev.k i2ax.as Remit Address PO Sox 688,Crowley,Texas 76036 Please include status report that describes how measure was accomplished for each quarter. Effectiveness Measures and g!"erly Outcomes Measure 1 Each quarter during the school year,157 additional unduplicated at risk students will participate in math tutorials,and>50%of those students will demonstrate math im rovement. Status Report Each quarter during the school year,154 additional unduplicated at risk students will Measure 2 participate in English Language Arts and Reading(ELAR)tutorials and>501/6 of those students will demonstrate ELAR improvement. Status Report Measure 3 Each quarter during the school year,160 additional unduplicated at risk students will participate in the program and>50%of those will demonstrate increased attendance. Status Report 'Measure 4 Each quarter during the school year,160 additional unduplicated at risk students will participate in the program and 50%ofthose will demonstrate improved behavior. Status Report I harms reviewed this report and certify that the meosur•es provided are accurate and appropriately reflect the CCPD goals set forth in the contract. Authorized Signatory Signatory Title FY 2020 lnterlocal Agreement CISD After School Program CFW&C1SD Exhibit E Page 26 of 28 i I i EXHIBIT F:REQUEST FOR BUDGET INIODIFICA17I0I1 Fiscal Year 2020 Date: Date tin :\eectey Crowley ISD Cantacl Vamc Crvslel Poll: Phone dumber and Email 817►297-5296, 9tcl. Ilfaowlcv.kl2.tx.us Remil'addrm Po Box 688,Crowlev,Texas 76036 DMECP COSTS(90%mfid mum) -- BudgetCategory Approved Bud2d ChangeRequested Revised Bud et A. Persorurel B. FrinueBenefits C. Travel andTrainin D. Equipment E. Supplies F. ContraclsiCowultants G. Sub-Awards It Occ ancV Total Direct Costs INDIRECT COSTS(10•/q1- -O iit►q Approved Budget I Chance Requested Revised Budget. Modification Narrative(describe in detail what change is For) I have retiex•ed this request and c ertii,that the listed modifcalions are Ghee[ Authorized Signatory Signatory Title Date FWPD.STAFFLISE:ONLY -- lltgdWRailon Appro*d Malilieation NOT Approved F%VPD Staff Signature Date FY 2020 lnterlocal Agreement CISD After School Program CFW&CISD Exhibit F Page 27 of 28 . . tv { A � I ` ® \ ■ � ■ ■ � § � 4 § } k § � � £ � & T \ ( / I � 2 � K2 . n & ( M � :z \ \ f } 2 .. :2 \ \ f } : 2z ) so � E § § so fE k . CLi FY &kIn««am Agreement OSD After School Pro r_ CF»&GSD Exhibit G G72«»