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HomeMy WebLinkAboutContract 47423 r- CITY SECR UAW 6 CMMCT W 1 3RIA 24wOR�� G�C�S�GR�AR� INTERLOCAL AGREEMENT BETWEEN KELLER INDEPENDENT SCHOOL DISTRICT AND THE CITY OF FORT WORTH In consideration of the mutual covenants, promises, and agreements contained herein, this INTERLOCAL AGREEMENT("Agreement")is made and entered into between CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas,("City") acting by and through Valerie Washington, its duly authorized Assistant City Manager, and KELLER INDEPENDENT SCHOOL DISTRICT, hereinafter referred to as ("Contractor") acting by and through Randy Reid, 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 2016 to meet the Crime Control and Prevention District("CCPD")goals which include(1)supporting efforts to reduce violent crime and gang- related activities through enhanced enforcement activities and crime prevention programs, (2) supporting efforts to increase the safety of residents and decreasing crime throughout Fort Worth neighborhoods, and (3) supporting efforts to increase the safety of youth and reducing juvenile crime through crime prevention and intervention programs; and WHEREAS, City Council of Fort Worth and the Keller Independent School District Board of Trustees have determined that the security and well-being of students at middle and elementary schools during after-school hours of 3:00 PM to 6:00 PM are of prime importance; and WHEREAS,City and the Contractor agree that the activities of elementary and middle school children during these critical hours are of paramount importance to both government entities; and WHEREAS, Contractor proposes to continue the Keller Independent School District After School Program(KISD After School Program)in conjunction with City. NOW,THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follow: AGREEMENT DOCUMENTS The Agreement documents shall include the following: 1. This Interlocal Agreement for the KISD After School Program 2. Exhibit A— Scope of Work OFFICIAL RECORD 3. Exhibit B—Budget CITY SECRETARY 4. Exhibit C—Request for Reimbursement I:T, WORTH, TX FY 2016 Interlocal Agreement After School Program City of Fort Worth&Keller Independent School District Pagel of 22 5. Exhibit D—Program Activities Report 6. Exhibit E—Program Effectiveness Measurement Report 7. Exhibit F—Request for Budget Modification 8. Exhibit G—Inventory Procedures 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 "Contractor" shall include Contractor, and its officers, agents, employees, representatives, servants,contractors,and subcontractors. The term"Party"shall refer to either City or Contractor. The term"Parties"shall refer to both City and Contractor. AGREEMENT 1. Responsibilities of Contractor. Contractor covenants and agrees to fully perform, or cause to be performed, with good faith and due diligence, all work and services described in Exhibit"A"—Scope of Work. Contractor shall be responsible for day-to-day administration of the KISD After School Program. Contractor agrees to expend the Program Funds in accordance with its KISD After School Program budget, described in Exhibit`B"—Budget . Program activities shall be reported in accordance with Exhibit "D" — Program Activities Report and effectiveness measurements shall be reported in accordance with Exhibit "E" Program Effectiveness Measurement Report. 2. Program Funds. 2.1 In no event shall the total distribution from City made to the Contractor during the term of this Agreement exceed the total sum of$125,000("Program Funds"). 2.2 Payment of the Program Funds from City to Contractor shall be made on a cost- reimbursement basis following receipt by City from Contractor of a signed Request for Reimbursement ("RFR"), as described in Exhibit"C," and copies of all receipts and support documentation. Contractor shall deliver to City a written detailed Program Activities Report and Program Effectiveness Measurement Report as described in Section 4.2 below with each RFR to support expenditure of Program Funds. Such reports shall be signed by the Contractor or duly authorized officer of the Contractor. The RFR and monthly Program Activities Report shall be submitted to City no later than the 15t1i day following the end of the month. Submittal of a monthly RFR and Program Activities Report is required even if services are not provided. Contractor must submit the monthly RFR (Exhibit "C"), the monthly Program Activities Report (Exhibit"D") and the Quarterly Program Effectiveness Measurement Report(Exhibit FY 2016 Interlocal Agreement After School Program City of Fort Worth&Keller Independent School District Page 2 of 22 "E") with an original signature by an authorized representative to the Grant Management Section of the Fort Worth Police Department, ATTENTION: Grant Management Section, Bob Bolen Public Safety Complex, 505 W. Felix St., Fort Worth, Texas, 76115. Reimbursements will not be made until after receipt of an acceptable and approved RFR and a monthly Program Activities Report. Additionally, a quarterly Program Effectiveness Measurement Report from the Contractor is required as described in section 4.2 and must be approved prior to reimbursements. Reimbursements shall be made within 30 days receipt of said documents. 2.3 Contractor is authorized to modify up to five(5)percent of any budgeted line-item in the original approved budget without prior written permission from City. However, Contractor must submit the Budget Modification Form(Exhibit"F")to City,with the monthly RFR, in the month when the modification took place. The new modified budget cannot exceed the total amount of Program Funds. 2.4 Any modifications of more than five (5) percent of any budgeted line-item in the original approved budget must have prior written permission from City before any budget modification is made. The Budget Modification Form (Exhibit "F") must be submitted, and request must be approved by City, before any money is moved to the line-item. Once the Budget Modification is approved, the modified budget will take effect on the first day of the following month. The new modified budget cannot exceed the total amount of Program Funds. 2.5 Any modifications to zero line-items in the original approved budget must have prior written permission from City before any budget modifications are made. The Budget Modification Form (Exhibit "F") must be completed and approved by City before money is transferred into the new line-item. Once the Budget Modification is approved, the modified budget will take effect on the first day of the following month. The new modified budget cannot exceed the total amount of Program Funds. 2.6 Budget modification can only occur within the Direct and Indirect costs. Funds may not be moved from a Direct line-item into an Indirect line-item, or vise versus. Modification of Direct and Indirect approved budgets must follow the guidelines outlined in sections 2.3,2.4 and 2.5. The Budget Modification Form (Exhibit "F") shall be submitted to the Grant Management Section of the Fort Worth Police Department at Bob Bolen Public Safety Complex at 505 W. Felix St., Fort Worth,Texas, 76115. 3. Term. This Agreement shall commence upon October 1, 2015 ("Effective Date"), whichever occurs later,and shall end on September 30,2016("End Date").All of Contractor's expenditures under this Agreement must be completed no later than September 30, 2016. FY 2016 Interlocal Agreement After School Program City of Fort worth&Keller Independent School District Page 3 of 22 4. Program Performance. 4.1 Contractor agrees to maintain full documentation supporting the performance of the work and fulfillment of the objectives set forth in Exhibit"A." 4.2 Contractor agrees to provide a monthly Program Activities Report and quarterly Program Effectiveness Measurement Report to document the performance of the work described in Exhibit "D" and Exhibit "E," respectively. The Program Activities and Effectiveness Measurements shall document the program activity names, numbers of participants attending, details of the activities, and a description of the goals achieved in support of the CCPD goals. Program Effectiveness Measurement shall be reported on a quarterly basis and included in the January, April, July, and October RFR and Program Activities Report submittals. Additionally, the Program Effectiveness Measurement Report must include any successes realized in descriptive detail. The monthly Program Activities and quarterly Program Effectiveness Measurement Reports shall be submitted to City no later than the 15`h day after the end of each month. 4.3 Contractor agrees that the monthly RFR and Program Activities Report and quarterly Program Effectiveness Measurement Report will be submitted to City no later than the 15`h day after the end of each month. Should Contractor not meet these requirements, Contractor will be given an additional 15 days to submit the required reports to City. If,at the end of this 15-day extension period, Contractor has not submitted the required reports, City will send a non-compliance letter notifying Contractor's duly authorized representative of a possible suspension of program funding. 5. Default and Termination. 5.1 This Agreement is wholly conditioned upon the actual receipt by City of Program Funds from the CCPD. All monies distributed to Contractor hereunder shall be exclusively from monies received from the CCPD, and not from any other monies of City. In the event that funds from the CCPD are not timely received, in whole or in part, City may, at its sole discretion, terminate this Agreement and City shall not be liable for payment for any work or services performed by Contractor under or in connection with this Agreement. 5.2 This Agreement may be terminated by City, in whole or in part, whenever such termination is determined by City to be in the best interest of City; in event of Contractor default,inability to perform or to comply with the terns herein; or for other good cause. 5.3 Termination will be effected by delivering to Contractor a notice of termination, specifying the portion of the Agreement affected and the effective date of termination. Upon Contractor's receipt of notice of termination,Contractor shall: (a) Stop work under the Agreement on the date and to the extent specified in the notice of termination; (b) Place no further order or subcontracts, except as may be necessary for completion of the work not terminated; FY 2016 Interiocal Agreement After School Program City of Fort Worth&Keller Independent School District Page 4 of 22 (c) Terminate all orders and contracts to the extent that they relate to the performance of the work terminated by the notice of termination; and (d) Cease expenditures of Program Funds, except as may be necessary for completion of the work not terminated. 5.4 In the event City suspends or terminates this Agreement for cause, and the cause for such suspension or termination is determined to be invalid, the Contractor's sole remedy shall be reinstatement of this Agreement. Contractor expressly waives any and all rights to monetary damages, including but not limited to actual, consequential, and punitive damages, court costs, and attorney's fees. 5.5 Within thirty (30) days following the date of termination of this Agreement, Contractor shall return to City any properly provided hereunder. City will have no responsibility or Iiability for Contractor's expenditures or actions occurring after the effective date of termination of the Agreement. 6. Equipment and Maintenance. All equipment purchased with Program Funds must meet all eligibility requirements of City and requires approval by the City prior to purchase. Contractor shall maintain all equipment used in the administration and execution of the KISD After School Program. Contractor shall maintain, replace, or repair any item of equipment used in support of the KISD After School Program and/or for use under the terms of this Agreement that no longer functions or is lost or stolen. The cost for maintenance,replacement, or repair of any equipment used in support of the after school program and/or for use under the terms of this Agreement is the sole responsibility of Contractor. Contractor shall not use Program Funds or City funds to repair or replace said equipment. Contractor shall use any and all equipment purchased with Program Funds exclusively in support of the KISD After School Program. Within 10 days following the purchase of equipment,Contractor shall submit to City a detailed inventory of all equipment purchased with Program Funds to the Grant Management Section at the address set forth in paragraph 2.2 above. The equipment inventory shall include an itemized description of each piece of equipment, the date each piece of equipment was purchased, the cost of purchase for each piece of equipment, and the location of each piece of equipment. This procedure is described in Exhibit"G". 7. Administrative Requirements. 7.1 Contractor agrees to keep sufficient records to document its adherence to applicable local, state, and federal regulations, along with documentation and records of all receipts and expenditures of Program Funds. All records shall be retained for three(3) years following the termination or completion of this Agreement. City or its representatives shall have the right to investigate, examine, and audit at any time any and all such records relating to operations of Contractor under this Agreement. Contractor, its officers, members, agents, employees, and subcontractors, upon demand by City, shall make such records readily available for investigation, examination, and audit. In the event of such audit by City, a single audit of all Contractors' operations will be undertaken and may be conducted either by City or an independent auditor of City's choice.Contractor shall submit a copy of any audit performed by their independent auditor within 30 days of receipt of the final audit report. FY 2016 Interlocal Agreement After School Program City of Fort Worth&Keller Independent School District Page 5 of 22 7.2 If any audit reveals a questioned practice or expenditure, such questions must be resolved within fifteen (15) days after notice to Contractor by City. If questions are not resolved within this period,City reserves the right to withhold further funding under this and/or future agreement(s)with Contractor. 7.3 If,as a result of any audit,it is determined that Contractor misused,misapplied, or misappropriated all or any part of the Program Funds,Contractor agrees to reimburse City the amount of such monies so misused, misapplied, or misappropriated, plus the amount of any sanction,penalty, or other charge levied against City because of such misuse,misapplication, or misappropriation. 7.4 Contractor's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but are not limited to: providing final Program Activities Report and Program Effectiveness Measurement Reports, making final payments, disposing of KISD After School Program assets, if deemed required by City in its sole discretion. 7.5 Contractor covenants and agrees to fully cooperate with City in monitoring the effectiveness of the services and work to be performed by Contractor under this Agreement, and City shall have access at all reasonable hours to offices and records of the Contractor, its officers,members,agents,employees,and subcontractors for the purpose of such monitoring. 8. Independent Contractor. 8.1 Contractor shall operate hereunder as an independent contractor and not as an officer,agent,or servant or employee of City. Contractor shall have exclusive control of,and the exclusive right to control, the details of the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, subcontractors, program participants, licensees,or invitees.The doctrine of respondent superior shall not apply as between City and Contractor, its officers, members, agents, servants, employees, subcontractors, program participants, licensees, or invitees, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor.No federal, state,or local income tax, nor any payroll tax of any kind, shall be withheld or paid by the City on behalf of Contractor. Contractor shall not be treated as an employee with respect to the services performed pursuant to this Agreement for federal or state tax purposes. It is expressly understood and agreed that officers,members,agents,employees,subcontractors,licensees,or invitees of the Contractor,and any program participant hereunder are not eligible for,and shall not participate in any employer pension,health,or other fringe benefit plan provided by City. It is expressly understood and agreed that City does not have the legal right to control the details of the tasks performed hereunder by Contractor, its officers, members, agents, employees, subcontractors,program participants,licensees,or invitees. 8.2 City shall in no way nor under any circumstances be responsible for any property belonging to Contractor, its officers, members, agents, employees, subcontractors, program FY 2016 Interlocal Agreement After School Program City of Fort Worth&Keller Independent School District Page 6 of 22 participants, licensees, or invitees, which may be lost, stolen, destroyed, or in any way damaged. 9. Liability and Indemnification. TO THE EXTENT REQUIRED BY LAW, CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE, AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THEEXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE, OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES. CONTRACTOR AGREES TO DEFEND, INDEMNIFY, AND HOLD THE CITY, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS,AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY(INCLUDING DEATH) THAT MAY RELATE TO, ARISE OUT OF, OR BE OCCASIONED BY (I) CONSULTANT'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (II) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS(OTHER THAN THE CITY), OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OF THIS AGREEMENT, EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH CONSULTANT AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELYINACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE CITY'S GOVERNMENTAL IMMUNITYAS FURTHER PROVIDED BY THE LA WS OF TEXAS. CONTRACTOR DOES NOT WAIVE ANY IMMUNITY AS PROVIDED BYLAW. Contractor shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of City in substantially the same form as above. This section shall survive the expiration or termination of this Agreement. 10. Nan-Assignment. No assignment or delegation of duties under this Agreement by Contractor shall be effective without City's prior written approval. 11. Prohibition Against Interest. FY 2016 Interlocal Agreement After School Program City of Fort worth&Keller Independent School District Page 7 of 22 11.1 No member,officer,or employee of City,or its designees or agents;no member of the governing body of the locality in which the KISD After School Program is situated; and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the KISD After School Program during his tenure or for one year thereafter,shall have any interest,direct or indirect,in any contract or subcontract,or the proceeds thereof, for work to be performed hereunder. Contractor shall incorporate, or cause to be incorporated, like language prohibiting such interest, in all contracts and subcontracts hereunder. 11.2 No officer, employee, member, or program participant of Contractor shall have a financial interest,direct or indirect, in this Agreement or the monies transferred hereunder, or be financially interested,directly or indirectly,in the sale to Contractor of any land,materials, supplies, or services purchased with any funds transferred hereunder, except on behalf of Contractor,as an officer,employee,member,or program participant.Any willful violation of this paragraph with the knowledge, expressed or implied, of Contractor or its subcontractors, shall render this Agreement voidable by City of Fort Worth. 12. Nondiscrimination. 12.1 In accordance with the federal, state, and local laws and ordinances, Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants, or subcontractors, while engaged in performing this Agreement shall in connection with the employment,advancement,or discharge of employees,in connection with the terms, conditions or privileges of their employment,discriminate against persons because of their age, except on the basis of a bona fide occupational qualification, retirement plan, statutory requirement,or statutory or ordinance exception. 12.2 Contractor will not unlawfully discriminate against any person or persons because of age, race, color, religion, sex, disability, national origin, or sexual orientation, nor will Contractor permit its officers, members, agents, employees, subcontractors, or program participants to engage in such discrimination. 12.3 If any claim arises from an alleged violation of this non-discrimination covenant by Contractor, its personal representatives, assigns, subcontractors or successors in interest, Contractor agrees to assume such liability and to indemnify and defend City and hold City harmless from such claim, to the extent allowed by law. This section shall survive the termination or expiration of this agreement. 13. Compliance. 13.1 Contractor, its officers, members, agents, employees, program participants, and subcontractors, shall abide by and comply with all laws,federal, state, and local,including all ordinances,rules,and regulations of City. If City calls to the attention of Contractor any such violation on the part of Contractor or any of its officers, members, agents, employees, FY 2016 Interlocal Agreement After School Program City of Fort Worth&Keller Independent School District Page 8 of 22 subcontractors, or program participants, then Contractor shall immediately desist from and correct such violation. 13.2 Contractor shall utilize Program Funds strictly for those purposes and goals intended under the terms and conditions of this Agreement. If City calls the attention of Contractor to any such violations on the part of Contractor or any of its officers, members, agents, employees,program participants,or subcontractors, then Contractor shall immediately desist from and correct such violation. 14. Waiver of Immunity. If Contractor is a charitable or nonprofit organization and has or claims an immunity or exemption (statutory or otherwise) from and against liability for damages or injury,including death, to persons or property,Contractor hereby expressly waives its rights to plead defensively such immunity or exemption as against City. This section shall not be construed to affect a governmental entity's immunities under constitutional, statutory, or common law. 15. Insurance Requirement. 15.1 Contractor shall procure and shall maintain during the term of this Agreement the 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. 15.2 Contractor's insurer(s) must be authorized to do business in the State of Texas for the lines of insurance coverage provided and be currently rated in terms of financial strength and solvency to the satisfaction of the City's Risk Manager. 15.3 Each insurance policy required herein shall be endorsed with a waiver of subrogation in favor of the City. Each insurance policy required by this Agreement, except for policies of worker's compensation or accident/medical insurance shall list the City as an additional insured, City shall have the right to revise insurance coverage requirements under this Agreement. 15.4 Contractor further agrees that it shall comply with the Worker's Compensation Act of Texas and shall provide sufficient compensation insurance to protect Contractor and City from and against any and all Worker's Compensation claims arising from the work and services provided under this Agreement. 16. Miscellaneous Provisions. FY 2016 Interlocal Agreement After School Program City of Fort Worth&Keller Independent School District Page 9 of 22 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 Contractor represents that it possesses the legal authority, pursuant to any proper, appropriate, and official motion, resolution, or action passed or taken, to enter into this Agreement and to perform the responsibilities herein required. 16.5 This written instrument and Exhibits A through F, constitute the entire agreement between the parties concerning the work and services to be performed hereunder,and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. Any amendments to the terms of this Agreement must be in writing and must be signed by authorized representatives of each party. 16.6 All notices required or permitted by this Agreement must be in writing and are deemed delivered on the earlier of the date actually received or the third day following (i) deposit in a United States Postal Service post office or receptacle; (ii) with proper postage (certified mail,return receipt requested);and(iii)addressed to the other party at the address as follows or at such other address as the receiving party designates by proper notice to the sending party: CITY: Valerie R.Washington,Assistant City Manager City Manager's Office City of Fort Worth 1000 Throckmorton Street Fort Worth,TX 76102 Copies To: Contract Compliance Section Bob Bolen Public Safety Complex 505 W.Felix St. Fort Worth,TX 76115 CONTRACTOR: Randy Reid, Superintendent FY 2016 Interlocal Agreement After School Program City of Fort Worth&Keller Independent School District Page 10 of 22 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 The provisions and conditions of this Agreement are solely for the benefit of City and Contractor and are not intended to create any rights,,contractuaLor otherwise,to any other person or entity. ' b IN WITNESS WHEREOF, the parties hereto have executed this a eement in multiples in Fort Worth,Tarrant County,Texas, to be effective this��day of ,201-6. FY 2016 Interlocal Agreement After School Program City of Fort Worth&Keller Independent School District Page I1 of 22 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX APPROVED AND AGREED FOR APPROVED AND AGREED FOR KELLER INDEPENDENT SCHOOL CITY OF FORT WORTH DISTRICT -A� lo&.--"r Valerie R.Washington Randy Re' Assistant City Manager Superintei ent Date: l�I�j�� Date::1 2- APPROVED APPROVED AS TO FORM AND APPROVAL R cum PITED, 1XISAITY FOR KISD Chief JoA*.Fitzgerald WSD Attorney Chief of Police ,�{ C Date: /P' v® ✓ Date: APPROVED AS TO FORM AND LEGALITY FOR CITY OF FORT WORTH AT T V �� ()F FO Victoria D. Honey ary J. y e ♦L Assistant City Attorney City Secretary *, 1® o� Date: Date: / �0 000000 S VI'�'► I�� W b AU61 K6- M&C No. V ��-4 EXHIBIT A SCOPE OF WORK The cope of Work is to be performed and documented in compliance with the monthly program activities and quarterly effectiveness measurement reports outlined in exhibits D and E. FY 2016 Interlocal Agrccment After School Program �'dY'Z City of Fort Worth&Keller Independent School District OFFICIAL 4 CITY SECRETARY FT,WORTH,TX OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX FY 2016 Interlocal Agreement After School Program page 13 of 22 City of Fort Worth&Keller Independent School District Exhibit B Budget Summary DIRECT PROGRAM COSTS 90%Minimum Total PERSONNEL Salaries FICA Life Insurance Health Insurance Disability Insurance Unemployment-State PERSON N ELTOTAL 0.00 SUPPLIES AND EQUIPMENT Office Supplies Office Equipment $25,000 Postage Printing Craft Supplies Food Supplies $5,100 Teaching Aids $12,625 SUPPLIES ANA'.MVIP.MENT TOTAL $4$725 PROGRAM SERVICES Contract Providers $14,280 PROGRAM SERVICES TOTAL $14,28Q TRAVEL AND TRAINING Travel Training $4,000 Mileage TRAVEL AND TRAINING TOTAL $4,000 OTHER APPROVED Field Trip Admission Expenses Other Field Trip Expenses Direct assistance—childcare scholarships $51,495 OTHER APPROVED TOTAL $51,495 INDIRECT PROGRAM COSTS(10%Maximum) PERSONNEL Salaries $11,570 FICA $930 Life Insurance FY 2016 Interlocal Agreement After School Program City of Fort Worth&Keller Independent School District Page 14 of 22 Health Insurance Unemployment Worker's Compensation Retirement PERSONNELTOTAL SUPPLIES AND EQUIPMENT SUPPLIES AND EQUIPMENT TOTAL 0:04 OPERATIONAL SERVICES OPERATIONAL SERVICES TOTAL 10.00 TRAVEL AND TRAINING Travel Training Mileage TRAVEL AND TRAINING TOTAL 0.00 FACILILTY AND UTILITIES Telephone Electric Gas Water and Wastewater Solid Waste Disposal Rent(City needs copy of lease before expenses can be reimbursed) Custodial Services Repairs Cleaning Supplies FACILITY AND UTILITIES TOTAL 0.00 LEGAL,FINANCIAL AND INSURANCE Fidelity Bond or Equivalent Directors and Officers General Commercial Liability Accounting LEGANL,,FINANCIAC AND INSURANCE TOTAL 0.00 OTHER APPROVED OTHER APPROVED TOTAL 0.00 FY 2016 Interlocal Agreement After School Program City of Fort Worth&Keller Independent School District Page 15 of 22 Exhibit B BUDGET NARRATIVE FY 2016 Please attach a detailed budget narrative that explains the need for all proposed expenditures by individual item. The budget narrative should clearly explain how funds will be used and why expenditures are necessary for successful implementation of your program. Please explain how costs are calculated. A. Personnel— No funds are budgeted under the Program Personnel category. B. Supplies and Equipment: $42,725 $25,000 Chromebooks for student use(100 for$230 each including warranty, 100 laptop sleeves/cases for$20 each) $5,100 food supplies(cooking projects for 17 schools @$300 per site;these projects provide math, science and reading enrichment) $12,625 teaching aids(cost of supplies for core component areas including science, technology,engineering,math, fine arts,health and fitness,and college/career readiness for 17 schools) C. Program Services—Contract Providers: $14,280 The Census bureau reports that 61 percent of children between the ages of 6-17 who participate in afterschool activities are highly engaged in school academics. Additionally, research reports that children who participate in after school enrichment activities are also less likely to commit juvenile crime and other undesirable activities. Clayton YES! (Youth Enrichment Services)programs are designed to keep children engaged in productive activities within a safe environment and simultaneously reduce juvenile crime. With this in mind,our programs also link youth with community resources such as police and fire departments which aid in increasing awareness of crime prevention and intervention. Clayton YES! provides diverse activities including dance,drama,art,nutrition,physical fitness, character development and tutoring. Daily activities are further enriched through the use of contract providers whose fees range from$15 to$50 per hour. These unique activities are offered within the Clayton after school schedule which is the peak time for juvenile crime. Children who participate in after school activities have significantly lower incidences of juvenile crime. The cost is based on an average of$35 per hour/3 hours per week for 8 weeks at 17 schools. D. Travel and Training: $4,000 Staff training strengthens program quality and promotes staff competence. Funds will be used to train staff in areas such as promoting positive behavior, lesson planning,learning how to develop activities that support learning through play,and safety. FY 2016 Interlocal Agreement After School Program City of Fort Worth&Keller Independent School District Page 16 of 22 E. Other Approved Direct Assistance--Childcare Scholarships: $51,495 Scholarship specific dollars provide Keller ISD Students with the opportunity to attend before and/or afterschool enrichment activity programs at a reduced weekly fee of$40.00 (45%discount from regular fee). Eligibility is based on participation in the federal free and reduced lunch program. Clayton's after school program not only benefits the youth involved but gives parents the assurance that their children are involved in a safe, stimulating after school program. F. Indirect Cost: $12,500 Indirect costs are requested to cover allocable salaries and payroll taxes for accounting, HR, grant billing, and payroll personnel. FY 2016 Interlocal Agreement After School Program City of Fort Worth&Keller Independent School District Page 17 of 22 FORT WORTH. RxWbir C Regiuest lr RalaoI a®.t(RFIt) FY 2016 URIUr CONTROL AND PRLVL%T10!K DISTRIt I 9abodt To: SaOdlflng AgexY: t%k*lm YFSI Bob Mize Pubic Wely Gil ri" CouWA Nat= MMYL0e l latiuy AIIA Becky McMsm Pham Number. (817)923-9888 tad,810 Progvnl sgvott Division 505 WcA Foils Sl FinaO mlhot�eygglolttatYes.ors Fort Www%'IX 76115 Remit Addrow 1213 Cmv*yCM Imre,FL Warp TX 7611 fw*o Number. i MorAofRoquat DU" COSIS(90%A f im mut! A B C D E dwtMl CaNgw� �AwwMt IYImba"MO IN Ilan�feelaY ToWWWWom a 1LMIdwSBdsas To DeM AwIWId 1 PceYnunel S S 2 OuppUw-&Hgaipennt ! 42,72500 S S 4292S.00 3 rMx=M5aviww S 14.280.00 1 ! Is 14,200.00 4 Trr►el&T=iniog S 4.000.00 Is .4&09ov 5 10therAppmvW S 51.495.00 IS SIAOSM T4htlWrectCTp�h S 112500.00 1! ! is 112,400,06 1NDUUX-r('OSIS(1044.NLwwKm) A >I C D Towerrte luu. tge4larGWMrf IfsdaN Aneaot Rbtsterwomb TWrMr1iY T*W"ft" Lvl*Yd dlarr R+qr.+asd Ta4)a4 AvmQ*bfr I Penonad S 12.500.00 S S 13500.00 2 BeppOeMA 1%uipment S S 3 Opowduaalsavisao $ S 4 Ttavel&'ruinbS S S 5 F";&"&In kW S $ 6 lcgat1%8=61d7a>ttuaflce S S TetatleDirtctMIAN S 12500.00 ! ! S S 124500.00 Total nud!C i 125.000.00 ParAouo Roqu—t.: S TUk Request S Told Regnwtod ToO&W S Rifts Pw*& S 12SA00M !kwe r*vtowed this request and owv#y tArrnr tkaw Awed aupans4s mod swan 46cum4wation am aeeurata LWC Fheal A ent Use Un Frrchrtrvt7nte�M Frnd aROMnf !'�nkr FFRA/peewlYorf�.nt I ttktaR0l ttijlMlpf' two klft oeRcocivod 34uW rUced Mew FY 2016 Interlocal Agreement After School Program City of Fort Worth&Keller Independent School District Page 18 of 22 Exhibit D Fiscal Year 2016 Monthly Program Activities Report Current Reporting Month Submitting Agency Clayton YES! Contact Name Phone Number and Email Remit Address 1215 Country Club Lane Fort Worth.TX 76112 Activity (Irrent To Date Year onlh Total End j otal _ Goal 1 Number of unduplicated students participating in a ClaytonYES!grant 600 funded after school program. 2 Number of unduplicated students participating in a Clayton YES! 600 community service or college and career activity. 3 Number of unduplicated students participating in Clayton YES!enrichment 600 activities such as math,science,and reading. 4 Number of unduplicated students participating in Clayton YES!health and 600 recreation activities. 5 Number of unduplicated students participating in Clayton YES!homework 600 help. 6 Number of unduplicated students participating in Clayton YES!fine arts 600 activities. 7 8 I have reviewed this report and certify that the measures provided are accurate and appropriately reflect the CCPD goals set forth in the contract. Authorized Signatory Signatory Title Date FY 2016 Interlocal Agreement After School Program City of Fort Worth&Keller Independent School District Page 19 of 22 Exhibit E Fiscal Year 2016 Quarterly Program Effectiveness Measurement Report Current Reporting Quarter Submitting Agency Clayton YES! Contact Name Phone Number and Email Remit Address 1215 Country Club Lane Fort Worth,TX 76112 Please include outcome narrative that describes how measure was accomplished for each quarter. 1lcxliv�ttcM.east - . , ��titcctt Measure 1 Of the students who are regularly enrolled in a Clayton YES!grant funded after school program for at least 30 school days, at least 75%will have 5 or less unexcused absences to the program. Outcome Measure 2 Of the students regularly attending a Clayton YES!grant funded after school program for at least 30 school days,at least 90%will participate in safety,security,character development projects and activities. Outcome Measure 3 Of the students regularly attending a Clayton YES! grant funded after school program for at least 30 school days,at least 80%will participate in a community service or college and career activity at least once a month. Outcome Measure 4 Of the students regularly attending a Clayton YES!grant funded after school program for at least 30 school days,at least 75%will get better grades in at least one subject due to homework help and character development activities over a semester based on a parent report. Outcome Measure 5 Of the students regularly attending a Clayton YES!grant funded after school program for at least 30 school days,at least 80%will report they feel safe in the pro-gram. Outcome Ihave 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 2016 Interlocal Agreement After School Program City of Fort Worth&Keller Independent School District Page 20 of 22 Exhibit F Request for Budget Modification Fiscal Year 2016 Date Submitting Agency Contact Name Phone Number and Email Remit Address Direct Costs 90% Bu et Cate o A roved Bud et Chan e Requested Revised BudEetE] Personnel Supplies&Equipment Pro ram Services Travel and Training Other Approved Total Direct Costs Indirect Costs 10% Budget Category Approved Budget Change Requested Revised Budget Personnel Supplies&Equipment Operational Services Travel and Trainin Facilities&Utilities Other Approved Total Indirect Costs Modification'Narrative describe in detail what.chan e.is_fo I have reviewed this request and certify that the listed modifications are correct. Authorized Signatory Signatory Title Date i 4YPR STAFF USE ONLY Modifitatlom Approved [' Modification NOT Approved FY 2016 Interlocal Agreement After School Program City of Fort Worth&Keller Independent School District Page 21 of 22 Exhibit G Inventory Procedures for Technology Inventory Items Clayton's technology inventory items(computers,tablets,PDAs)are to be handled and stored with care to protect the agency's assets. The following procedures are to be used with the technology inventory items: Tracldng of Inventory: The acquisition date and condition of items are to be recorded by Operations staff at time of receipt. Invoices and shipping information is to be retained for the duration of the useful life of the item. Documentation is to be stored by the accounting team. An inventory list shall be maintained by the Operations staff. The list will record make,model, serial number,the inventory tag number and location the item assigned to the item. An inventory tag shall be affixed to each item. Distribution and Storage: Once properly tagged,each item shall be distributed to its assigned location with the location staff being made aware of the distribution of the item along with any relevant training related to use of the device. At time of distribution the following steps are to be taken: • A secure location for storage of the item is to be established. Except in unique circumstances,items at service sites are to be stored in a locked cabinet or room when not in use. • Site Directors/Coordinators are responsible for the proper and secure storage of all technology items at their site. An assignment(distribution) document will be signed by the Site Director/Coordinator and the Operations staff member providing the equipment. The document is to be retained by the Accounting department. Annual Audit: Annually all technology items will be inventoried and assessed for condition and necessary repairs and reissued after assessment. A list of items considered to have exhausted their useful life shall be shall be submitted to the Director of Finance for approval to dispose. In the case of items purchased by grant funds,disposition shall follow the instructions provided in the funding agreement. FY 2016 Interlocal Agreement After School Program City of Fort Worth&Keller Independent School District Page 22 of 22 9/16/2015 M&C Review CITY COUNCIL AGENDA FoRTWORTH COUNCIL ACTION: Approved on 9/15/2015 DATE: 9/15/2015 REFERENCE C-27466 LOG NAME: 35AFTER SCHOOL PROGRAMS NO.: FOR FY 2016 CODE: C TYPE: NON- PUBLIC NO CONSENT HEARING: SUBJECT: Authorize Execution of After-School Program Agreements with Fort Worth, Keller, Crowley and White Settlement Independent School Districts in the Total Program Amount of $1,600,000.00 for Fiscal Year 2016 (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of After-School Program agreements with Fort Worth, Keller, Crowley and White Settlement Independent School Districts in the total program amount of$1,600,000.00 to operate After-School Programs at select schools during Fiscal Year 2016. DISCUSSION: National research shows that the time when adolescents are most at risk of being a crime victim or committing a criminal act is between 3:00 p.m. and 6:00 p.m. on school days. Beginning in Fiscal Year 2001 , a multi-disciplinary task force consisting of City officials, school district personnel and related service providers developed a coordinated program for schools throughout the City of Fort Worth that have documented juvenile crime problems. This program supplements existing programs and offers participants a myriad of activities, such as academics, arts, athletics and other enhancement opportunities. Since its inception, the City of Fort Worth, using fund appropriations from the Crime Control and Prevention District, has dedicated funding on an annual basis to continue the program. Although the participating Independent School Districts (ISD) include Fort Worth ISD, Keller ISD, Crowley ISD and White Settlement ISD, the implemented After-School Programs will be limited to schools located within the City of Fort Worth. Each ISD is responsible for the day-to-day administration of the After-School Program. Each ISD is required to establish program goals and objectives that are measurable and result in desired program outcomes. The mission of the After-School Program is to provide a safe environment for educational, physical, and social development. Funding will be allocated as follows to each ISD in Fiscal Year 2016 on a reimbursement basis: Fort Worth ISD will receive funding in the amount of $1,300,000.00; Keller ISD will receive funding in the amount of $125,000.00; Crowley ISD will receive funding in the amount of $125,000.00; and White Settlement ISD will receive funding in the amount of $50,000.00. The Agreements will be effective October 1, 2015 through September 30, 2016. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that, contingent upon adoption of the Fiscal Year 2016 Budget by City Council, funds will be available in the Fiscal Year 2016 Budget of the Crime Control and Prevention District Fund and the Police Department is responsible for verifying the availability of funds prior to an expenditure being made. http://apps.cfwnet.org/council__packet/mc revi ew.asp?I D=21466&counci I date=9/15/2015 1/2 9/16/2015 M&C Review TO Fund/Account/Centers FROM Fund/Account/Centers 26001 5330201 0359601 $1.600.000.00 Submitted for City Manager's Office W Rudolph Jackson (6199) Originating Department Head: Rhonda Robertson (4231) Additional Information Contact: James Rodriguez (4286) ATTACHMENTS hUp:Happs.cfwnet.org/council_packet/mc revi ew.as p?I D=21466&counci Idate=9/15/2015 2/2