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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
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6 lcgat1%8=61d7a>ttuaflce S S
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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