HomeMy WebLinkAboutContract 53141 4
RECEIVED CSC No. 53141
QEC —3 2019
CITY OF FORT WORTH OCAL AGREEMENT INTERL
ciTvsECRErRv 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("District"),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 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 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 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 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 DO.COMENT,S
The Agreement documents shall include the following:
1. This Interlocal Agreement for the KISD After School Program
2. Exhibit A—Scope of Work
3. Exhibit B—Budget
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CITY :
FT. WORTH,TX
4. Exhibit C—Request for Reimbursement
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
9. Exhibit H—Previous Year Corrective Action Plan
Exhibits A through H, 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 H, 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.
The term"Parties"shall refer to both City and District.
AGREEMENT
1. Responsibilities of 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 "B".
District shall be responsible for day-to-day administration of the KISD After School
Program. District 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 "B" —
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. Progiqn 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.
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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 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 151h day
following the end of the month. Submittal of a 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 Graitts(cr7fortwol ihtexas:ao ; or via mail to ATTENTION: Contract Compliance
Specialist, Financial Management Division, 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
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
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 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.
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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.
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 Grants@fortworthtexas.gov, 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.
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4. Prouarr►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"E,"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 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 Tea•mination.
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
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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 or termination 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 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. Eatflttm of 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 KISD After School Program. District 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 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 KISD 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
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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 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 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.
7.2 If any audit reveals a questioned practice or expenditure, such questions
must be 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:
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providing final Program Activities Report and Program Effectiveness Measures
Reports, making final payments, disposing of KISD 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.
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 exnu•ation or termination of this Agreement.
8. Independoit 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
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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 anyway damaged.
9. Liabilily
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.
This section shall survive the expiration or termination of this Agreement.
10. NonAssl2fiment, No assignment or delegation of duties under this Agreement
by District shall be effective without City's prior written approval.
11. Vrohibitibn 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.
District 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 District shall have
a financial interest, direct or indirect, in this Agreement or the monies transferred
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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.
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.
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14. Waivel,oflmtnunity. 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.
15.1 District shall procure and shall maintain during the term of this Agreement
the following insurance coverage:
(a) Colrihiercial General Liability $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-Pr4fit,Organization Liability or Directors&`Officers Liability: $1,000,000
per occurrence, with a $1,006,000 annual aggregate limit, in a form that is
acceptable to the City's Risk Manager.
(c) AUtOni-oblle 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.
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. Alkeellan coil s 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.
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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
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
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DISTRICT: 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.
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
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 I-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
Page 13 of 35
FY 20201nterlocal Agreement KISD After School Program
CFW&KISD
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]
i
Page 14 of 35
FY 2020 Interlocal Agreement KISD After School Program
CFW&KISD
IN WITNESS WHEREOF,the parties hereto have executed this agreement in multiples
in Fort Worth,Tarrant County,Texas,to be effective this 1st day of October
2019 .
Page 15 of 35
FY 2020 Interlocal Agreement KISD After School Program
CFW&KISD
OF Fp
APPROVED AND AGREED FOR ATTEST ;0
CITY OF FORT WORTH
Mary J. ayser(Dec 3,2 9) '
Jesus J.Chapa(Dec 2,2 19) Mary J.Kayser
Jesus J. Chapa City Secretary
Assistant City Manager APPROVED AND AGREED FOR
Date: KELLER MEPENDENT SCHOOL
DIS
APPROVAL RECOMMENDED
E win Kraus(Dec 2,2019) . lok we
Chief Edwin Kraus Superint 6en.[
Chief of Police Date:- -
APPROVED AS TO FORM AND
LEGALITY FOR CITY OF FORT A 'ROVED AS TO FORM AND
WORTH &,(IT.
Y FOR,
7&-0MGLisi��
uI—
Thomas Hansen(Dec 2,2019)
Thomas Royce Hansen TO Attorney
Assistant City Attorney
Date:-
Form 1295 Certification No:N/A
Contract Compliance Manager:
By signing I acknowledge that I am the
person responsible for the monitoring
and administration of this contract,
including ensuring al performance
and reporting requirements.
Keifh Mortis
Keith Morris(Nov 26,2019)
Name:Keith Morris
Title:Contract Compliance Specialist
Page 16 of 35
FY 2020 Interlocal Agreement KISD After School Program
CFW&KISD
EXHIBIT A:SCOPE OF W01M
AGENCY:hullurlSD PROGRANI TITLE!Kullor Alter School Novain
DIRECTOR: N',A PHg1'I MI\113J R:(817)744-1 105
PHYSICAL ADDREM 350 Keller PsrkK;iy,Keller,'Texas.70248
CONTACT I)EIiSON: Laura lea'hart EMAIL ADDRESS:lnuru.lockhalt irkollcristl.not
PHONE NUMBER-(817)744-1105 FAX N'tJI 1.11ER:
PROGRAM PURPOSE ST_LTEhIENT:
Kc " aum.ni)y(luhI ,"J m v4l
oflor-school and on school holiihip to unwi{:that students have saf6. curlehnlCIII act6rittcs to pallicipaw
in while palms complcto divirworkday. 771is a°ill dwriasu the likaihorld of dtilttrutl becoming eillta vielints of
per'pclraton of eeares or algnging in risky behavinra or misehiof in thu bourn betwom 3:00 pm and 6:00 pm and on
wuekday:s lvIlLn saiools sru not in suasion,
GEDGRAPHICAL AREA AND C01UNC.[L I)ISTRICT SILR1 D:Please Hark all that apply_
C:ilk.,%IidoIAllCulineill)Wridts v ti cei W 42 Gidc(Oi1-62EJG1+7,76BI
Cliuncil Diadot 2 Coitacll'.Di&Irici;fi,
nC'iiVucill)ielriol a ('61,400Mstriel7
Cuui cif Dislitictl I,jonailVjslticl 8'
Cuunoil�7ishticl a C'nut1;?IlDistrict�
AGENCY STATUS: ❑Reglslcrud Private Nonpolil ❑Registered Public Nonprofit
0 RiMie School Disrict
Mark tho applicable CCPD Parlours with a Shared Mission lhnntwuminia,l_ngriK Anil:,
0 All"SchoolIiugrmu
❑ Safe Haven Youth Program
❑ Cotnia'Up Gang
❑ Family Justice Center
❑ Criine Pixwiltion Agency I'minership
Mark IhuCY Jal)eorl(sl that your program narrative addrrsscs:
❑ Support efforts to roducc violenterintc and game-relatul aedvitivi 1hrough e:tdumeed enforcement aelivitios and
crime plevcvliml pingrams
® Support tgurts to inciva w the sar,.ty of residents and to dvea:asu cline throughout For(Worth n6stilvrlloodi;
Rf Support efforts to increase the safety of youlll and reduce jurcnily crime through crime prcti•vnlion and
intervention programs.
Page 17 of 35
FY 2020 Interlocal Agreement KISD After School Program
CFW&KISD Exhibit A
PROGRAM ABSTRACT
Provide a short description of your program.Please summarize the problem and what your program will do to
address ft.
Keller ISD,In partnership with Clayton Youth Enrichment,will provide attractive academic enrichment programs
onsite after-school and an school holidays to ensure thatstudents have safe,adult-supervised enrichment activities to
participate In while parents complete their workday. This will decrease the likelihood of children becoming either
victims of perpetrators of crimes or engaging in risky behaviors or mischief In the hours between 3:00 pm and 6:00 pm
and on weekdayswheo schools are not in session.
PROPOSAL NARRATIVE:
Provide a description of your program to be funded. In this narrative,please respond to each ofthe following
questions:
ORGANIZATION
1) Briefly describe your organization's current strategic plan and how programming fits the mission.
Keller ISD serves a diverse and fast growing community,and while keeping pace with the ever-changing
landscape the district holds true to its history of excellence.The after-school programs receiving funding through CCPD
Partners with a Shared Mission fait within the district's first and second strategic priorities as defined in the current KISD
strategic plan.These priorities are"Increase Student Achievement"(priority 1)and"Excellence in Student,Parent and
Community Relationships"(priority 2)
By offering academic enrichment programs built upon a social and emotional learning framework,KISD and our
community partner,Clayton Youth Enrichment;will create opportunities to prepare students to explore and pursue
career choices(1,1)and enable students to develop skills to collaborate,think critically and creatively,and effectively
communicate thoughts and ideas(1.2).In addition,the program will engage students in co-curricular or extracurricular
activities connected to the development of the whole student(1D). These after-school programs will also establish and
nurture collaborative partnerships with students,families,and community members to unify our learning community
(2.2)and provide opportunities to build unity atoond success for all students(2C).
Page 18 of 35
FY 2020 Interlocal Agreement KISD After School Program
CFW&KISD Exhibit A
The need for the program was Identified by listening and responding to the voices of our customer groups(213)
and understanding(flat the district and Clayton Youth Enrichment could play an important role in increasing child safety
by offering attractive after-school programming.
2) Describe your organization's target population and who the program will benefit. How many people?What age
group?
The af(er-school programs will serve 1,202 students ages 5-12,Kindergarten through 611 grade.
3) Describe the geographic area your organization and proJoctwill serve(Le,citywide,a specific council district,
specific zip code,etc,)
CCPD Partner funding will he used to enhance after-school programs on 19 campuses across three Fort Worth
zip codes as follows:.11 campuses in 76244,7 campuses in 76137,and 1 campus in 76131.
Overall,the District serves more than 35,000students in portions of the cities of Colleyville,Fort Worth,Haltom City,
Hurst,North Richland Hills,Southlake,Watauga,and Westlake and the entire Gty of Keller. Its 51 square miles
encompass the tbir&largesl land area in Tarrant County.
PROBLEM AND CAUSES
4) Programs should address at leastone ofthe following CCPD problem areas:a)OolentcHr to b)gang-related
�ctivhlee'c) efrtvofte dents grid/orVbutli,d)cilMe throughout Fort Worth nelahborhoods ore)luvenlle
crime. Please Identify which problem your program's outcomes address and describe In detall the causes ofill
problem.Please cite sources of information.
More than a decade of research shows that after-school programs are an important supportfor children,
families and communities,Every weekday,our local after-school programs are keeping kids safe and out of troubleas
well as inspiring them to learn and giving their parents the peace of mind they need to be more productive at work and
keep their jobs,
Clayton Youth Enrichment KISD's community partner for after-school programs,surveyed parents of children In
their programs and found that 96%said the number one reason their child was in the after-school program was because
they needed safe,reliable child care to be able to complete their work day.Parents in our community are right to be
concerned about what their children are doing In the hours a fter school while they are at work.In research sponsored
by the Department of Educations,An-Me Chung comes to the conclusion that:
Page 19 of 35
FY 2020 Interlocal Agreement K1SD After School Program
CFW&KISD Exhibit A
"First and foremost,after-school programs keep children of all ages safe and out of trouble.The after-school hours
are the time when juvenile crime hits its peak,but through attentive adult supervision,quality after-school programs
can protect our children.As this report shows,In communities with comprehensive programs,children are less likely
to commit crimesorto be victimized,and are less likely to engage in risky behaviorsuch as drug,alcohol and
tobacco use."
Chung goes onto detail the risks unsupervised children face after school:the rate for juvenile crime peaks in the after-
school hours.About10 percent of violent juvenile crimes are committed between 3 p,m.and 4 p.m,Children are also at
a much greater risk of being the victlm of a violent crime(murder,a violent sex offense,robbery,or assault)after the
school day,roughly p.m.to 6 p.m,
KISD after-school programs ensure that more than 1,200 Fort Worth students have the opportunity to be in a
safe,enriching environment after school.
rAfter•School Pfogroms:Keeping Oilldren Safe and Smart.rung,An-Me.U.S.Department of Education,Ea10"(1-1711
PROGRAM ACTIVITIES AND OUTCOMES
5) Describe your program activities,how they address the causes you described in question#4 and howthese
activities are measured. These measures should also be Included as an exhibit In the contract and you will be
required to report progress towards yourgoab, These will also be reported to the CCPD Board,
KISD After School's Fort Worth programs run from 6:30.8.00 am and 3=.G:30 pm every school day.Programs
are also offered on school holidays and over the summer.This ensures that working parents and school personnel have
safe,reliable child care available.
To encourage student participation,our programs include a wide range of age-appropriate,Interesting and
academically enriching activities including;
Academic enrichment activities designed to be hands-on and engaging;
Flealth and wellness activities;
College and/or career exploration;
Homework help and academic assistance;
Fine and performing arts activities;
Social emotional learning and character development.
The activities,frequency,and goals are detailed In Exhibit E:Program Activities Summary and Schedule,
Page 20 of 35
FY 2020 Interlocal Agreement KISD After School Program
CFW&KISD Exhibit
6) Describe the anticipated outcomes of your program and how It affects the mn lohlh you selected from the list In
Question#S. Please Include brief descriptions of your evaluation methods, Specific outcome goals will be
outlined in the Effectiveness Measures Form alongwith data collection tools,
By offering safe,reliable child care on school campuses,KISD ensures that as many children as possible will be In
a supervised environment both before and after school.This is the main goal of the program,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.Specific activities and participation
targets are oudined in the Effectiveness Measurement Form.
7) Describe what makes your program unique from other crime prevention programs in your area, Include
descriptions of how itcompares with similar programming offered In the area.
Keller After School programs are provided In partnership with Clayton Youth Enrichment,formerly known as
Clayton YES1. KISD and Clayton have been serving the Keller community In partnership For 2S years and have a strong
working partnership that Is focused on addressing the changing needs of the children and families in the communities
we serve.For example,both KISD 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 KISDstudents
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,Lang term studies from CASEL in 2015 show that these skills also lead to increased personal success
and satisfaction as adults.The dose coordination of distilctand Clayton In providing this program will create an
exceptional opportunity for KISD students to prepare for fulfilled,successful lives.
8) Describe:a)how long your program has been in operation,b)Its soutces of financial sustalnabfllty,and c)why
CCPD funds are necessary at this time,
Keller ISD has partnered with Clayton Youth Enrichment for afterschool services since 1993.The district has
used Clayton to manage the CCPD funds for afterschool since its first implementation In 2000. Keller ISD utilizes state
funding for public education and local property taxes to finance its regular operations. These public fund sources are
Page 21 of 35
FY 2020 Interlocal Agreement KISD After School Program
CFW&KISD Exhibit A
not used for afterschool services,nor are CCPD funds used to cover any school-day expenses. Clayton Youth Enrichment
sustains the majority of the afteachool program through the collection of weekly parent fees. Clayton will allocate over
$300,000 per year In financial aid scholarships to Keller ISD families who cannot afford services. CCPD funding continues
to be necessary to fund enrichment services that escalate the program beyond basic childcare,and to help offset the
cost of sliding-scale scholarships made available to lower-income families.
9) Describe and list what other funds have been secured or applied for on behalf of this program.
Keller ISD delegates the securing of program funding(aside from CCPD)to Clayton Youth Enrichment, The District does
not contribute additional funds to the aftersclwol program outside ofthe CCPD grant award. On behalf of Keller ISD,
Clayton will routinely apply for philanthropic grants to help supportits 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)effortswithin KISD.This funding will help with specificstaff training on social-emotional
learning practices,and aid in funding a quality assessment coach to support both culture&climate and staff
relationships with children.
I
i
Page 22 of 35
FY 2020 Interlocal Agreement KISD After Scbool Program
CFW&KISD Exhibit A
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Page 27 of 35
FY 2020 Interlocal Agreement KISD After School Program
CFW&KISD Exhibit B
E. Dlrtct-Supplits
llas ��' ltnf 'c IIt l QfGilt llSifiii'
Total S
!S!ulP��,�1'tr1rl�iLLllt
NIA
lr. 1)hret-CansulfhrpJConh•neted Scrvlces:
-C;bllsuliGlplCiuutt�tctril�ye,•r'tr� — r — Xrni�,l,
'i'ainI Budeet S
,llorlinr l:rjjkrrrrdiurl:
N"A
G. Direct;—Sub-Awnrds
Cld�n�Yvuth Enrichment - S 125,Op0
7•otal S 1�8i110U
Ma4wi Wolin uIrorr.
Koller ISO will allooato the full award of S125,000 to bo mnnagod by Clayton Youth LodohmonL Kcllcr 1SD
will submit for reimbursement using this Sub-Award category only. For reference,the break-down of Clayton
Youth Lnrioluuarrt a tpensas as invoiced to Kellar fSI�are inaludccl in a separn(c Cxltibit q. Clayton was chosen
as the district-widc contract allerschout provide'in a five-year competitive application in late 2077,based on an
applioation,interview,and reference-oheok process oondueted by KellcrlSD and approved by the district Board
of Trustoos. Clayton performnnoo,progross and outoomea will he monitored by the district's Awa Dircotor of
Student Scrvicos,as well as each applicable sohoal Prinoipat.
H. .Dhwt-OwIpalley
Total Budget $
filo of ff�'nluJrurlun?
NTIA
Indhvct Costs
In;I,irrtl•il+` uri e _ — � ?I'41�Inllt) ' �Iii�illrc�stltpL4' _-Y_ ���n]_:
10
Tsrtal S
llrtdrr.t!,.'vid,dtrituhi N</A
Page 28 of 35
FY 2020 Interlocal Agreement KISD After School Program
CFW&KISD Exhibit B
Budget Spreadsheet
TotalItvgcmlu SJ 2j 0 0.00
13.I'rigv hmfiI11N $II;IIU
h.If4ll�ihmc�l;l � Sl1:Up
Ii.'$4nitlTcx ��Ji
lr;C'oiltrnatl�'nns+iUnnT Sllalll,
G., uh;�r,>tiiR $1�•�uttu.isu
T1.t�cuu,nnu, S�►�OU;
Jndin cW iik3' na�fni i"i41lI°m j TP��at 4 ' +tl�An
SO.-OD
-Net Pro'lect Cost
Page 29 of 35
FY 2020 Literlocal Agreement KISD After School Prograrn
CFW&KISD Exhibit B
roft1,MAIit, KIWW 4UnrI
firyaM h1�IldUlwnmtUttf•'W
rrurfa
jaul$Nh1Nn 1'1111:'� XdIIr ISU
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S(d weM"Fill;1(L Rau11 Ad�w: 950 Kt11aP�imY.Itdfer,lty,16318
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Page 30 of 35
FX 2020 Interlocal Agreement KISD After School Program
CFW&KISD Exhibit C
LXT11fi f'D:PlL,O lLMNJ A(MVITIES
hiON'r1ILYPILOGIL4ilACTIVI'rf-9REPORT
Fisclti You 2020
Current Reporting Mouth
Submitting Agency Keller ISD
CGtiltwl Nano Laura Lockhart
Phone Number and Email (SI7)7,1.-1105.11i411Jatyckharl(.tdktilhrlscl,iiul
Remit Address 350 Koller Parkway,Keller,Texas;76248
You
etiif')tl 'fvtl,�Ate find
�1,+�4pc(t)' ,�Icnlh 7bta1 I}iHftl
1 Number of-unduplivOM students participating in a Clayton Youth 1202
Enrichment Koller'Allar School gl%im.fhnded after school progrmn.
2 Nutnbor of unduplioated sutdonte part v.pre ing in a Clayton Youth 928
Enrichment Keller After School commwrity service or college aid
career activity.
3 Number of unduplicated sludww participating in Clayton Youth 934
Enrichment Keller Aitvr School academia enrichment activities
such as maliL science,and roadhi
4 Ntunberofunduplicated students participating in.Clayton Youth 978
Enrichnteni Keller After Scltool health and walhroaS aetitdties.
5 Number or tauhiplWnted slude"Is linrtis.iWl6l g illClnyian Y 1dh 1084
9iiitichiitcut K,,llora'llor SAwl Ilnulctrorl,11411)and ttcaduuiic
assielutoa
6 Nunihar of widupliuded students participa3ing in Clayton Yomh 954
Enriohnrent Koller Aller Schoolfine ales(visuaVperformiirg)
aalIvitiee.
7 Nntul?cr v tend ililicated studentu participating in Clayton Youth 981
Enrichmaut Koller After School social Motional leat'nhI9 or
character develo moot activities.
8F—]
I hava revletved this report and certify that the ineeasuras providad are 4ccurate and appropriately reflect the
CC1pD goals setforth in the conh'act.
Authorlied Signutory Signufury'rltle Dutc
Page 31 of 35
FY 20201nterlocal Agreement KISD After School Program
CFW&KISD Exhibit D
Is i11I11I'I'1;;1s1TE(T1NTNESS AIL.1SLRl s
QUAR'11,1U:Y PROGRAM I'sFFEC'1'IVEINII.;SS R151,010f
fiscal Year2021)
Current Reporting Quaker
Submitting Ageney h.'IIe1;'I 11.
Contain Mane Laura Lockhart
Phone Number mid Email (817)744-1105,laural.lock}tarl(nkellerisd.nel
TGc lit A ddress 3Sf}bettor 1'arkwwtn.feller Tcstis.762..48 ---
Please Include SWUM repn)t that describes btav measutr)vns uceompl(shed fill-each quaver.
- GI1�+tUtfirre�iA�ll��ur�.+ai1(��4tmritl�'+i]uleontua ,�`
Ql the studellts who are Wg)dnrl)enrolled in a Keller.Al"tnr School prograu)Through CL•p40n
Measure I Youth l.nrioltrocnt,A least 90°o will )ullwipatc in h(nnowork help tindrortnloring.
status Report
Of the students who are regulluly enrullcd in a Killer Altar School program through Clayton
illcasure 2 Youth Enriclunew,it least 75%will participate in herdth K(rclhuss.academic cnrichmatl,
character develoltmenl,College and Career or fine ails projects and activities.
status Report
Of the sludanls who are rcgidarly enrolled in a Keller After Sel)ool program threaagh Cla)4011
i\lensurc 3 Youth Iinfichnrerd.sat feast 80%Of pilrC1)tS%Sill IVPOt't 1nClIoltSC(I SehOL71 S(ICCesS in their
uhildreat due to horno(aork halt or other enrlchtuent activities,
Status Repoli
Of the students who are regularly enrolled in a Keller A11er School program thruu(W)Cl:g4ou
Measure 4 Youth hnrichmotl,al Icast 300a of p;u-cnls will relx)rt their children feel safe and a sense or
belonging in flu progrillil.
status Repotl
thaw reweived this report and curl Ji,(l;or the illeasrn•es provided in•a accurate and appr(pr7arely reJlecv the
goals set for(h in the conavct.
Authorlw]S<"uaton' -- signaturc'llltle
Page 32 of 35
FY 2020 Interlocal Agreement KISD After School Program
CFW&KISD Exhibit E
I3,YIIjBTr it,Lt1q)UI+ST.I?OR BUDGET MODIFICATION
Fisad Yeer 2020
Date
subillittingArldy Kollar ISD -
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Page 33 of 35
FY 2020 Interlocal Agreement KISD After School Program
CFW&KISD Exhibit F
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Page 34 of 35
FY 2020 Interlocal Agreement KISD After School Program
CFW&KISD Exhibit G
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Page 35 of 35
FY 2020 Interlocal Agreement KISD After School Program
CFW&KISD Exhibit H