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HomeMy WebLinkAboutContract 51363 CITY SECRETARY CONTRACT NO. S INTERLOCAL AGREEMENT BETWEEN THE WHITE SETTLEMENT INDEPENDENT SCHOOL DISTRICT AND THE CITY OF FORT WORTH In consideration of the mutual covenants, promises, and agreements contained herein, this INTERLOCAL AGREEMENT ("this Agreement") is made and entered into between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas, ("City") acting by and through Jesus J. Chapa, its duly authorized Assistant City Manager, and the WHITE SETTLEMENT INDEPENDENT SCHOOL DISTRICT, hereinafter referred to as ("WSISD") acting by and through Frank Molinar, its duly authorized Superintendent. RECITALS WHEREAS, City has determined that After School Programs are necessary to support crime prevention in the City during its Fiscal Year 2019 to meet the Crime Control and Prevention District ("CCPD") goals which include: (1) supporting efforts to reduce violent crime and gang-related activities through enhanced enforcement activities and crime prevention programs, (2) supporting efforts to increase the safety of residents and decreasing crime throughout Fort Worth neighborhoods, and (3) supporting efforts to increase the safety of youth and reducing juvenile crime through crime prevention and intervention programs; and WHEREAS, the City Council of Fort Worth and the White Settlement 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 WSISD agree that the activities of elementary and middle school children during these critical hours are of paramount importance to both government entities; and WHEREAS, WSISD proposes to continue the White Settlement Independent School District After School Program (WSISD After School Program) in conjunction with City. NOW,THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follow: AGREEMENT DOCUMENTS 1 OFFICIAL RECORD The Agreement documents shall include the following: CITY SECRETARY FT.WORTH,TX R�e�l f/FD 1. This Agreement for the WSISD After School Program C OCT 82018 2. Exhibit A—Scope of Work � S�ORT fR FY 2019 Interlocal Agreement After School Program tCRij,; ity of Fort Worth&White Settlement Independent School District Page 1 of 22 3. Exhibit B—Budget 4. Exhibit C —Request for Reimbursement 5. Exhibit D—Program Activities Report 6. Exhibit E—Program Effectiveness Measurement Report 7. Exhibit F— Request for Budget Modification Exhibits A through F, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A through F, and the terms and conditions set forth in the body of this Agreement, the terms and conditions set forth in the body of this Agreement shall control. The term "City" shall include City, and its officers, agents, employees, and representatives. TJw term "WSISD" shall include WSISD, and its officers, agents, employees, representatives, servants, contractors, and subcontractors. The term "Party" shall refer to either City or WSISD The term "Parties" shall refer to both City and WSISD. AGREEMENT 1. Responsibilities of WSISD. WSISD 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. WSISD shall be responsible for day-to-day administration of the WSISD After School Program. WSISD agrees to expend the Program Funds in accordance with its WSISD 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 WSISD during the term of this Agreement exceed the total sum of$50,000.00. 2.2 Payment of the Program Funds from City to WSISD shall be made on a cost- reimbursement basis following receipt by City from WSISD of a signed Request for Reimbursement ("RFR"), as described in Exhibit "C," and copies of all receipts and support documentation. WSISD 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 District or the duly authorized officer of the WSISD. The RFR and monthly Program Activities Report shall be submitted to City no later than the 15th day following the end of the month. Submittal of a monthly RFR and Program Activities Report is required even if services are not provided. FY 2019 Interlocal Agreement After School Program City of Fort Worth&White Settlement Independent School District Page 2 of 22 WSISD must submit the monthly RFR(Exhibit "C"), the monthly Program Activities Report (Exhibit "D") and the Quarterly Program Effectiveness Measurement Report (Exhibit "E") with an original signature by an authorized representative to the Financial Management Division — Grant Management Section of the Fort Worth Police Department, ATTENTION: Grant Specialist, Bob Bolen Public Safety Complex, 505 W. Felix St., Fort Worth, Texas, 76115. Reimbursements will not be made until after receipt of an acceptable and approved RFR and a monthly Program Activities Report. Additionally, a quarterly Program Effectiveness Measurement Report from the WSISD 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 The WSISD 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, WSISD must submit the Budget Modification Form (Exhibit "F") to City, with tie 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 the City before any budget modification are 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 vice versa. Modification of Direct and Indirect approved budgets must follow the guidelines outlined in sections 2.3 and 2.4. The Budget Modification Form (Exhibit "F") shall be submitted to the Financial Management Division— 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, 2018 ("Effective Date"), and shall end on September 30, 2019 ("End Date"). All of WSISD's expenditures under this Agreement must be completed no later than September 30,2019. FY 2019 Interlocal Agreement After School Program City of Fort Worth&White Settlement Independent School District Page 3 of 22 4. Program Performance. 4.1 WS[SD agrees to maintain full documentation supporting the performance of the work and fulfillment of the objectives set forth in Exhibit"A." 4.2 WS[SD agrees to provide a monthly Program Activities Report and quarterly Program Effectiveness Measurement Report to document the performance of the work described in Exhibit "D" and Exhibit "E," respectively. The Program Activities and Effectiveness Measurements shall document the program activity names, numbers of participants attending, details of the activities, and a description of the goals achieved in support of the CCPD goals. Program Effectiveness Measurement shall be reported on a quarterly basis and included in the January, April, July, and October RFR and Program Activities Report submittals. Additionally, the Program Effectiveness Measurement Report must include any successes realized in descriptive detail. The monthly Program Activities and quarterly Program Effectiveness Measurement Reports shall be submitted to City no later than the 15th day after the end of each month. 4.3 WS[SD agrees that the monthly RFR and Program Activities Report and quarterly Program Effectiveness Measurement Report will be submitted to City no later than the 15th day after the end of each month. Should WSISD not meet these requirements, WSISD will be given an additional 15 days to submit the required reports to City. If, at the end of this 15- day extension period, WSISD has not submitted the required reports, City will send a non- compliance letter notifying WSISD'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 WSISD 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 WSISD under or in connection with this Agreement. 5.2 This Agreement may be terminated by City, in whole or in part, at any time and for any reason upon written notice as specified in section 5.3. 5.3 Termination will be effected by delivering to WSISD a notice of termination, specifying the portion of this Agreement affected and the effective date of termination. Upon WSISD's receipt of notice of termination, WSISD 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 2019 Interlocal Agreement After School Program City of Fort Worth&White Settlement 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 the City suspends or terminates this Agreement for cause, and the cause for such suspension or termination is determined to be invalid, WSISD's sole remedy shall be reinstatement of this Agreement. WSISD 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, WSISD shall return to City any property provided hereunder. City will have no responsibility or liability for WSISD'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. WSISD shall maintain all equipment used in the administration and execution of the WSISD After School Program. WSISD shall maintain, replace, or repair any item of equipment used in support of the WSISD After School Program 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 WSISD. WSISD shall not use Program Funds or City funds to repair or replace said equipment. WSISD shall use any and all equipment purchased with Program Funds exclusively in support of the WSISD After School Program. Within 10 days following the purchase of equipment, WSISD shall submit to City a detailed inventory of all equipment purchased with Program Funds to the Grant Management Section at the address set forth in paragraph 2.2 above. The equipment inventory shall include an itemized description of each piece of equipment, the date each piece of equipment was purchased,the cost of purchase for each piece of equipment, and the location of each piece of equipment. 7. Administrative Requirements. 7.1 WSISD 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 WSISD under this Agreement. WSISD, 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 of WSISD's operations will be undertaken and may be conducted either by City or an independent auditor of City's choice. WSISD shall submit a copy of any audit performed by their independent auditor within 30 days of receipt of the final audit report. FY 2019 Interlocal Agreement After School Program City of Fort Worth&White Settlement 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 WSISD 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 WSISD. 7.3 If, as a result of any audit, it is determined that WSISD misused, misapplied, or misappropriated all or any part of the Program Funds, WSISD 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 WSISD'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 WSISD After School Program assets, if deemed required by City in its sole discretion. 7.5 WSISD covenants and agrees to fully cooperate with City in monitoring the effectiveness of the services and work to be performed by WSISD under this Agreement, and City shall have access at all reasonable hours to offices and records of the WSISD, its officers, members, agents, employees, and subcontractors for the purpose of such monitoring. Section 7 shall survive the expiration or termination of this Agreement. 8. Independent Contractor. 8.1 WSISD shall operate hereunder as an independent contractor and not as an officer, agent, or servant or employee of the City. WSISD shall have exclusive control of, and the exclusive right to control, the details of the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, subcontractors, program participants, licensees, or invitees. The doctrine of respondeat superior shall not apply as between City and WSISD, 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 WSISD. 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 WSISD. WSISD 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 WSISD, 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 WSISD, its officers, members, agents, employees, subcontractors, program participants, licensees, or invitees. FY 2019 Interlocal Agreement After School Program City of Fort Worth&White Settlement Independent School District Page 6 of 22 8.2 City shall in no way nor under any circumstances be responsible for any property belonging to WSISD, its officers, members, agents, employees, subcontractors, program participants, licensees, or invitees, which may be lost, stolen, destroyed, or in any way damaged. 9. Liability. To the extent allowed by law, each of the parties shall be liable and responsible for any damages or loss caused by the negligent acts or omissions, or malfeasance or intentional misconduct of each of its respective officers, agents, servants, or employees. Nothing in the performance of this Agreement shall impose any liability for claims against District, other than claims that may arise as set forth in this section and Section 12, or for claims which the Texas Tort Claims Act may impose liability. Nothing in the performance of this Agreement shall impose any liability for claims against the City of Fort Worth other than claims that may arise as set forth in this section or for which liability may be imposed by the Texas Tort Claims Act. AND NOTHING HEREIN SHALL EVER BE CONSTRUED AS A WAIVER BY WSISD OF ANY IMMUNITIES IT HAS BY LAW. WSISD shall require all of its subcontractors, if any,to include in their subcontracts a release and indemnity in favor of City in substantially the same form as above. This section shall survive the expiration or termination of this Agreement. 10. Non-Assignment. No assignment or delegation of duties under this Agreement by WSISD shall be effective without the City's prior written approval. 11. Prohibition Against Interest. 11.1 No member, officer, or employee of City, or its designees or agents, no member of the governing body of the locality in which the WSISD After School Program is situated; and no public official of such locality or localities who exercises any functions or responsibilities with respect to the WSISD After School Program during this Agreement 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. WSISD shall incorporate, or cause to be incorporated, language prohibiting such interest, in all contracts and subcontracts hereunder, if any. 11.2 No officer, employee, member, or program participant of WSISD 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 WSISD of any land, materials, supplies, or services purchased with any funds transferred hereunder, except on behalf of WSISD, as an officer, employee, member, or program participant. Any willful violation of FY 2019 Interlocal Agreement After School Program City of Fort Worth&White Settlement Independent School District Page 7 of 22 this paragraph with the knowledge, expressed or implied, of WSISD or its subcontractors, shall render this Agreement voidable by the City. 12. Nondiscrimination. 12.1 In accordance with the federal, state, and local laws and ordinances, wsisd 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 WSISD will not unlawfully discriminate against any person or persons because of age, race, color, religion, sex, disability, national origin, or sexual orientation, nor will WSISD 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 WSISD, its personal representatives, assigns, subcontractors or successors in interest, WSISD agrees to assume such liability and to indemnify and defend City and hold City harmless from such claim. This section shall survive the termination or expiration of this Agreement. 13. Compliance. 13.1 WSISD, 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 WSISD in writing to any such violation on the part of WSISD or any of its officers, members, agents, employees, subcontractors, or program participants, then WSISD shall immediately cease and desist from and correct such violation. 13.2 WSISD 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 WSISD in writing to any such violations on the part of WSISD or any of its officers, members, agents, employees, program participants, or subcontractors, then WSISD shall immediately cease and desist from and correct such violation. 14. Waiver of Immunity. The Parties and their respective governing bodies do not waive any immunity by entering into this Agreement, and each fully retains all immunities and defenses provided by law or otherwise with respect to any action based on or occurring as a result of this Agreement. FY 2019 Interlocal Agreement After School Program City of Fort Worth&White Settlement Independent School District Page 8 of 22 15. Insurance Requirement. 15.1 WSISD shall procure and shall maintain during the term of this Agreement the following insurance coverage: (a) Commercial General Liability(CGL): $1,000,000 per occurrence, with a$2,000,000.00 annual aggregate limit, in a form that is acceptable to the City's Risk Manager. (b) Non-Profit Organization Liability or Directors & Officers Liability: $1,000,000 per occurrence, with a$1,000,000 annual aggregate limit, in a form that is acceptable to the City's Risk Manager. (c) Automobile Liability: $1,000,000 each accident on a combined single limit basis OR split limits are acceptable if limits are at least $250,000 Bodily Injury per person, $500,000 Bodily Injury per accident and $100,000 Property Damage. (d) Any other insurance the City may reasonably require to protect the interests of the City. 15.2 WSISD'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 WSISD further agrees that it shall comply with the Worker's Compensation Act of Texas and shall provide sufficient compensation insurance to protect WSISD and City from and against any and all Worker's Compensation claims arising from the work and services provided under this Agreement. 16. Miscellaneous Provisions. 16.1 The provisions of this Agreement are severable, and, if for any reason a clause, sentence, paragraph, or other part of this Agreement shall be determined to be invalid by a court or Federal or state agency, board, or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. 16.2 City's failure to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely upon any such term or right on any future occasion. 16.3 Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance, or non-performance of this Agreement, FY 2019 Interlocal Agreement After School Program City of Fort Worth&White Settlement Independent School District Page 9 of 22 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 WSISD represents that it possesses the legal authority, pursuant to any proper, appropriate, and official motion, resolution, or action passed or taken, to enter into this Agreement and to perform the responsibilities herein required. 16.5 This written instrument and Exhibits A through F, constitute the entire Agreement between the parties concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. Any amendments to the terms of this Agreement must be in writing and must be signed by authorized representatives of each party. 16.6 All notices required or permitted by this Agreement must be in writing and are deemed delivered on the earlier of the date actually received or the third day following (i) deposit in a United States Postal Service post office or receptacle; (ii) with proper postage (certified mail, return receipt requested); and (iii) addressed to the other party at the address as follows or at such other address as the receiving party designates by proper notice to the sending party: CITY: Jesus J. Chapa,Assistant City Manager City Manager's Office City of Fort Worth 200 Texas Street Fort Worth, TX 76102 Copies To: Grant Management Section Bob Bolen Public Safety Complex 505 W. Felix St. Fort Worth, TX 76115 City Attorney's Office ATTN: Police Contracts 200 Texas Street Fort Worth,TX 76102 WSISD: Frank Molinar, Superintendent White Settlement Independent School District 401 S. Cherry Lane Fort Worth, TX 76108 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. FY 2019 Interlocal Agreement After School Program City of Fort Worth&White Settlement Independent School District Page 10 of 22 16.8 Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 16.9 The provisions and conditions of this Agreement are solely for the benefit of City and WSISD and are not intended to create any rights, contractual or otherwise, to any other person or entity. 16.10 The parties acknowledge that each party and its counsel have reviewed this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. 16.11 To the extent permitted by law, Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 16.12 Contractors are required to conduct criminal background screenings for all volunteers or employees who will be working with children under the proposed program. All criminal background checks shall be in compliance with Texas Department of Family and Protective Services standards, the Texas Administrative Code and all other applicable law. Contractors will be responsible for conducting criminal background screening and for maintaining appropriate records, which will be subject to review by the City. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. [REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE FOLLOWS] FY 2019 Interlocal Agreement After School Program City of Fort Worth&White Settlement Independent School District Page 11 of 22 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples in Fort Worth, Tarrant County, Texas,to be effective this ZVk day of S!v fc n- Velr 20 J APPROVED AND AGREED FOR APPROVED AND AGREED FOR CITY OF FORT WORTH WHITE SETTLEMENT — INDEPEND SCHOOL DISTRI Jesus J. Chapa Assistant City Manager Frank r Date: �� 'JC Supe e nt Date: APPRO CO NDED APPROVED AS TO FORM AND ! L G ITY OR WSISD ZChief Joel F. Fitzgerald Chief of Police ���400" WSI Attorney Date: ate:ADate:— APPROVED PPROVED AS TO FORM AND LEGALITY FOR CITY OF FORT WORTH Thomas R. Hansen Assistant City Attorney Date: 161jIth a ATTEST , Contract Compliance Manager: By signing I acknowledge that I am the aJ. se person responsible for the monitoring and City Secretary U administration of this contract,including ensuring all performance and reporting Lb requir a Date: f� n Na 1w M&C No. C���� Ll �Wtlti �bnvrh Title: ontract Compliance Specialist Form 1295 Certification No: NOT REQUIRED FY 2019 Interlocal Agreement After School Program OFFICIAL������ City of Fort.Worth&White Settlement Independent School District Page 12 of 22 I CITY SECWaT RY FT.WORTH,TX EXHIBIT A SCOPE OF WORK Overview Studies show that youth who participate in after-school activities are less likely to engage in risky behaviors such as juvenile crime, violence, drug use, smoking or alcohol abuse, and sex. It has been proven that successful after-school programs can reduce these behaviors by keeping children engaged in a safe, fun, and nurturing environment. The Sports and Tutoring program does exactly that. In partnership with the Westside YMCA, White Settlement ISD provides the Sports and Tutoring program at Blue Haze Elementary. The Sports and Tutoring program strives to provide every child with a secure and structured environment where they can learn while being encouraged to work with others and achieve common goals. Our curriculum utilizes the Search Institutes 40 Developmental Assets and features unit-based lessons that include regular opportunities in: • TEKS-based academic enrichment in math, science, and reading/writing • Integrated cultural awareness and exploration • Fine arts, including drama, music,visual arts • Social skill development and character development, particularly around the YMCA's core values of caring, respect, responsibility, and honesty • Our program emphasizes the YMCA's healthy eating and physical activity program. Physical activities include skill-based instruction in an enjoyable environment while increasing cardiovascular fitness. • Weekly nutritional lessons for students and healthy recipes for families Program Activities Academic Enrichment: • Hands-on tutoring(1:10 ratio) • Computer lab, including educational games that make learning fun and easy • Utilize Math Lit and Kids Lit curriculum activities • Utilize other similar providers, such as Mad Science, Zooniversity, Worth Learning, and High Touch High Tech • Emphasis on math and literacy (STAAR Test lowest scoring subjects) Health and Wellness: • Our program provides 45 minutes of engaging, entertaining, high-energy aerobic, cooperative, sports games from the YMCA Food and Fun curriculum • Provide every child with a daily nutritional snack that offers fresh fruits and vegetables FY 2019 Interlocal Agreement After School Program City of Fort Worth&White Settlement Independent School District—Exhibit A Page 13 of 22 • Daily"snack talks"where staff encourages child-friendly dialogue about making healthy food choices and are often followed by fun food demonstrations and nutrition activities • Utilizes a physical fitness curriculum (YMCA Food and Fun)that focuses on skill building through the use of fun games and exercises • Staff encourage teamwork and participation to assist with building self-esteem and social skills Program Staff: Program Coordinator- Anna Hicks-allicksi Exhibit B BUDGET NARRATIVE FISCAL YEAR 2019 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. INDIRECT COSTS CANNOT EXCEED 10% OF THE APPROVED BUDGET DIRECT PROGRAM COSTS (90% Minimum): A. Personnel: $30,608.00 - a. 1 Program Coordinator - Supervises the staff and ensures the outcomes of the program are met. They create lesson plans, facilitate on-site registrations, manage the daily staffing as well as communicate with the school, staff, and parents. ($15.00 an hour X 20 hours X 34 weeks=$10,200.00) b. 1 Site Director- Oversees the daily program activities and specializes in the daily tutoring with the various age groups. ($12.00 an hour X 16 hours X 34 weeks =$6,528.00) c. 2 Activity Leader staff($10.00 per hour/ 16 hours per week) that lead daily activities and count into ratio (1:15). ($10.00 an hour X 2 employees X 16 Hours X 34 weeks = $10,880.00) d. Teacher liaison ($20.00 per hour/5 hours per week) is a certified teacher that works in the school. The TL will lead tutoring sessions each day in the program with specific objectives and outcomes for the students that are specific to their grade. ($20.00 an hour X 5 hours X 30 weeks = $3,000.00 B. Fringe Benefits: $3,060.00 a. Covers any fringe benefits for these employees. For part time staff, the FICA is 7.65%, the worker's comp is about 1.5%, and then unemployment varies but it's around 0.5%. That all adds close to 10% so we estimate that as the base rate. ($30,608.00 X 10% _ $3,060.80) C. Travel and Training: $500.00 a. Mileage $250.00—For staff to attend meetings, shopping for supplies and monthly off-site trainings for the program. Staff completes a monthly mileage form/ tracker that are approved by supervisor. Staff is reimbursed .54 per mile. b. Training $250.00 - Staff to attend various Child Development Trainings offered through Camp Fire during the year. D. Equipment: $450.00 a. The CATCH (evidence based physical activity curriculum developed for out of school time) requires a variety of sports and recreational items. We have not needed to replenish these until now. We need more hula hoops, footballs, ball pump etc. FY 2019 Interlocal Agreement After School Program City of Fort Worth&White Settlement Independent School District—Exhibit B Page 15 of 22 E. Supplies: $9,630.00 a. Office Supplies $400.00 - such as binders, laminating sheets, posters, staplers, paper, files, dividers, notebooks, 3 hole punch, tri-fold board, tape, filing holder, dry erase board, dry erase markers, pens, pencils, erasers, pencil sharpener throughout the school year. b. Craft & Enrichment Supplies $6,080 — Various consumable supplies to complete enrichment curriculum. 70 cents per child per day for other materials. c. Teaching Supplies $750.00 — for staff and leaders to program space as well as incentives for the students d. Food Supplies $2,400.00 - daily snacks for children in program for snack items. This includes consumables such as napkins, spoons, plates, cups. F. Contracts/Consultants: N/A G. Other Approved: $752 a. Variety of Education Partial Providers $752.00 — (1 visit) High Touch High Tech, Mad Science, Creature Teacher, $200 + for other educational providers. These are providers that we hire to complete a onetime engaging activity with the kids that focus on a specific area of curriculum we have been discussing while in the program. INDIRECT COSTS (10% Maximum): A. Personnel: $0 B. Fringe Benefits: $0 C. Travel and Training: $750.00 a. Training $400.00 - City of FTW class (required for permit) as well as various child development classes which prices vary. b. Travel- $350 - Travel for leadership staff for trainings, site observations, and purchasing supplies. D. Equipment: $954 - Computer lab headset replacement for school. Training materials for trainings and staff incentives. E. Supplies: $1,000 a. Staff uniforms, incentives and name badges. F. Contracts/Consultants: N/A G. Other Approved: $2,296.00 a. Site Cell Phone $400.00 - Phone to use for parent communication and emergency calls during the program. b. Legal, Financial, and Insurance: $1,500.00 - General Commercial Liability — Portion of annual amount paid to cover all childcare programs. c. Operational Services: $396.00 Child Care Licensing annual fee for permit. FY 2019 Interlocal Agreement After School Program City of Fort Worth&White Settlement Independent School District—Exhibit B Page 16 of 22 Exhibit B Budget Summary Fiscal Year 2019 DIRECT PROGRAM COSTS(90%Minimum) Total $45,000.00 A. PERSONNEL Salaries $30,608.00 P ERSO N NE L TOTA L: $30,608.00 B. FRINGE BENEFITS FICA $3,060.00 FRINGE BENEFITS TOTAL $3,060.00 C.TRAVEL AND TRAINING Training $250.00 Mileage $250.00 TRAVEL AND TRAINING TOTAL $500.00 D. EQUIPMENT $450.00 Replenish recreational equipment EQUIPMENT TOTAL $450.00 E.SUPPLIES Office Supplies $400.00 Printing Craft Supplies $5,080.00 Food Supplies $3,400.00 Teaching Aids $750.00 SUPPLIES TOTAL $9,630.00 F.CONTRACTS/CONSULTANTS None CONTRACTS/CONSULTANTS TOTAL 0.00 G. OTHER APPROVED Educational Providers(High Touch High Tech, Mad $752.00 Science, Creature Teacher) OTHER APPROVED TOTAL $752.00 INDIRECT PROGRAM COSTS(10%Maximum) Total $5,000.00 A. PERSONNEL Salaries FY 2019 Interlocal Agreement After School Program City of Fort Worth&White Settlement Independent School District—Exhibit B Page 17 of 22 PERSONNEL TOTAL: $0 B. FRINGE BENEFITS FICA FRINGE BENEFITS TOTAL $0 C.TRAVEL AND TRAINING Training $400.00 Mileage $350.00 TRAVEL AND TRAINING TOTAL $750.00 D. EQUIPMENT $954.00 Computer Lab headset replacement EQUIPMENT TOTAL $954.00 E.SUPPLIES Training materials,supplies and staff incentives SUPPLIES TOTAL $1000.00 F.CONTRACTS/CONSULTANTS None CONTRACTS/CONSULTANTS TOTAL $0.00 G. OTHER APPROVED Telephone $400.00 General Liability $1,500.00 TDFPS and City of Fort Worth Permit $396.00 OTHER APPROVED TOTAL $2,296.00 G RAND TOTAL $50,000.00 FY 2019 Interlocal Agreement After School Program City of Fort Worth&White Settlement Independent School District—Exhibit B Page 18 of 22 FORT WORTH. Exhibit C Request for Reimbursement(RFU) FY 2019 CRIME(ONIMIL AND PRENEN'TION DISTRICT Submit.... . To: Submitting Agency: White Settlement ISD Bob Bolen Public Safety Complex Contact Name- Janette Owens Attn: Keith Morris Phone Number: 817-367-5310 Financial Management Division Email: 505 West Felix St Fort Worth,TX 76115 Reffift Address: Invoice Number: Month of Request: DIRIECT COSTS(90%Minimum) A B C D E Total of PreviousThis Month's (B+C) (A-D) Budget Category Budget Amount Reimbursements Total Requested Remaining Balance Requested Request To-Date Available A Personnel $ 30,608.00 S 30,608.00 B Fringe Benefits S 3,060.00 S 3,060.00 C Travel&Training S 500.00 $ S 500.00 D Equrprnent 5 450.00 S S 450.00 E Supplies 5 9,630.00 S 5 9,630.00 F Contracts/Consultants S - S S * Other Approved S 752.00 S 3 752.00 , 1 Total Direct Costs S 45,000.00 s s S 45000,00 WDERWY'COSTS(10% Maximum) A B C D E Total of Previous (B+C) (A-D) Budget Category Budget Amount Reimbursements This Month's Total Requested Remaining Balance Requested Request To-Date Available * Personnel 5 . S * Fringe Benefits S - S * Travel&Training S 750.00 $ $ 750.00 * lEquipment S 954.00 $ S 954.00 * Supplies 5 1,000.00 S S 1,000.00 F Contracts/Consultants S - S S G Other Approved $ 2.296.00 s S 2,296.00 Total In Direct Costs is 5,000.00, s S S 5,000,001 Supporting documents required with monthly requests. Summary,, This includes,timesheets depicting CCPD funded activities, Total Budget: S 50,000.00 copy of paychecks,invoices and receipts detailing all CCPD Previous Requests: S - funded cxpmditum. This Request: S Total Requested To-Date.S Retraining Funds S 50,000.00 !have reviewed this request and certify that these listed expenses and support documentation are accurate'. Authorized Signatory Signatory Title Date Fiscal AgentUse Only Purchase Order 4 F-id Dept ID RFR Approwd For Pkiyasent Grant StaffSignature Date Finance Received Stamp Placed Below FY 2019 Iliterloedl Agreement After School Program City of Fort Worth&White Settlement Independent School District—Exhibit C Page 19 of 22 F0)RT WWORT11 (:N1Mf'.Coti(Rol, tit N%%v.sitoN Disnicr Exhibit D Fiscal Year 2019 Monthly Program Activities Report Current Reporting Month Submitting Agency White Settlement ISD Contact Name Janette Owens Phone Number and Email 817-367-5310/janowens@wsisd.net Remit Address Activity Current To Date Year Month Total End Total Goal 1 Number of unduplicated at-risk students in WSISD After School Program. 150 These"at-risk" students are identified by the school staff and are typically kids with high truancy or absences and/or failing grades. 2 Number of students that have been retained in the program for the course 72 of the school year 3 Number of community service/service learning projects completed by 5 students in the program 4 Number of family engagement events/activities provided to students and parents 6 during the program year 5 Number of partnership made with local community organizations or providers to 6 students and/or parents during the course of the program. 6 Number of local businesses and college volunteers working with the program 100 participants to provide support and information to students about future college and career readiness. 7 Number of Science, Math, Language Arts, and Technology activities provided to 72 youth in the program 8 Number of hours youth spend in Physical Fitness activities during the 144 afterschool program. Program uses CATCH curriculum I have reviewed this report and certify that the measures provided are accurate and appropriately reflect the CCPD goals set forth in the contract. Authorized Signatory Signatory Title Date FY 2019 Interlocal Agreement Atter School Program City of Fort Worth&White Settlement Independent School District—Exhibit D Page 20 of 22 FORT WORTH *1*1� cikua cWMOL &PREmmw+Dirmcr Exhibit E Fiscal Year 2019 Quarterly Program Effectiveness Measurement Report Current Reporting Quarter Submitting Agency White Settlement ISD Contact Name Janette Owens Phone Number and Email 817-367-5310/Janowens@wsisd.net Remit Address Please include outcome narrative that describes how measure was accomplished for each quarter. Effectiveness Measures and Quarterly Outcomes Measure 1 42%of student participants will see an improvement in their grades. Outcome Measure 2 20%of student participants will show an increase in class attendance each quarter. Outcome Measure 3 75%of student participants will increase their health assessment level by the end of the program year. Health assessments are conducted using the Fitness gram Assessment. It measures aerobic capacity, percent body fat, and body mass index. Outcome Measure 4 60%of student participants in the program will increase their youth development assessment by the end of the school year. These evaluations are based on the Search Institutes 40 Developmental Assets. The areas of focus are Self Confidence, Self-Control, Listening/Direction, Communication, Cooperation, and Judgment. Outcome Measure 5 Outcome I have reviewed this report and certify that the measures provided are accurate and appropriately reflect the CCPD goals set forth in the contract. Authorized Signatory Signatory Title Date Report due each quarter: I"Quarter(Oct-Dec)due January 15 2"d Quarter(Jan-Mar)due April 15 3rd Quarter(Apr-June)due July 15 4d'Quarter(Jul-Sep)due October 15 FY 2019 Interlocal Agreement After School Program Page 21 of 22 City of Fort Worth&White Settlement Independent School District-Exhibit E Exhibit F Request for Budget Modification Fiscal Year 2019 Date Submitting Agency Contact Name Phone Number and Email Remit Address DIRECT COSTS 90% minimum Budget Category Approved Budget Change Requested Revised Budget Personnel Fringe Benefits Travel and Training Equipment Supplies Contracts/Consultants Other Approved Total Direct Costs INDIRECT COSTS 10% maximum Budget Category Approved Budget Change Requested Revised Budget Personnel Fringe Benefits Travel and Training Equipment Supplies Contracts/Consultants Other Approved Total Indirect Costs Modification Narrative describe in detail what change is for 1 have reviewed this request and certify that the listed modifications are correct. Authorized Signatory Signatory Title Date FWPD STAFF USE ONLY 0 Modification Approved E3 Modification NOT Approved FWPD Staff Signature Date FY 2019 Interlocal Agreement After School Program Page 22 of 22 City of Fort Worth&White Settlement Independent School District-Exhibit F Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORT_ VORTH COUNCIL ACTION: Approved on 9/26/2018 DATE: 9/25/2018 REFERENCE C-28874 LOG NAME: 35AFTER SCHOOL NO.: PROGRAMS FOR FY19 CODE: C TYPE: NOW PUBLIC CONSENT HEARING: NO SUBJECT: Authorize Execution of Agreements with Fort Worth, Keller, Crowley, and White Settlement Independent School Districts for Operation of After-School Programs in the Total Program Amount of$1,600,000.00 for Fiscal Year 2019 (CCPD Funded) (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of Agreements with the Fort Worth, Keller, Crowley, and White Settlement Independent School Districts in the total program amount of $1,600,000.00 for the operation of After-School Programs at selected schools during Fiscal Year 2019. DISCUSSION: National research shows that adolescents are most at risk on school days between the hours of 3:00 p.m. and 6:00 p.m. of being a victim of a crime or of committing a crime. In response to this concept, a multi-disciplinary task force was formed in 2001 consisting of City officials, school district personnel, and related service providers. This task force developed a coordinated program for Fort Worth Independent School District schools that documented juvenile crime patterns. Each year since 2001, the City of Fort Worth (City) has funded After-School Programs using appropriations from the Crime Control and Prevention District (CCPD). The participating school districts have expanded beyond Fort Worth ISD to include Keller ISD, Crowley ISD, and White Settlement ISD; however, only schools that lie within the boundaries of the City receive CCPD funding. Each district is responsible for the day-to-day administration of its after-school program and is required to establish program goals and objectives that are measurable and result in desired program outcomes. Today, the mission of the After-School Programs is to provide a safe environment for educational, physical, and social development leading to a reduction in juvenile crime. Funding will be allocated as follows to each district in Fiscal Year 2019 on a reimbursement basis: Fort Worth ISD funding in the amount of$1,300,000.00. Keller ISD funding in the amount of$125,000.00. Crowley ISD funding in the amount of$125,000.00. White Settlement ISD funding in the amount of$50,000.00. These Agreements will be effective October 1, 2018, and will end on September 30, 2019. This program serves ALL COUNCIL DISTRICTS. This contract will be with a governmental entity, state agency or public institution of higher education: Fort Worth ISD, Keller ISD, Crowley ISD, and White Settlement ISD. This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that, contingent upon adoption of the Fiscal Year 2019 Budget by City Council, funds will be available in the Fiscal Year 2019 Budget of the Crime Control and Prevention District Fund and the Police Department is responsible for verifying the availability of funds prior to an expenditure being made. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chart leld 2 Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Joel Fitzgerald (4231) Additional Information Contact: Tiffany Moore(4223) ATTACHMENTS Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA Fbirr Rm DATE: 9/25/2018 REFERENCE C-28874 LOG NAME: 35AFTER SCHOOL NO.: PROGRAMS FOR FY19 CODE: C TYPE: NOW PUBLIC NO CONSENT HEARING: SUBJECT: Authorize Execution of Agreements with Fort Worth, Keller, Crowley, and White Settlement Independent School Districts for Operation of After-School Programs in the Total Program Amount of$1,600,000.00 for Fiscal Year 2019 (CCPD Funded) (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of Agreements with the Fort Worth, Keller, Crowley, and White Settlement Independent School Districts in the total program amount of $1,600,000.00 for the operation of After-School Programs at selected schools during Fiscal Year 2019. DISCUSSION: National research shows that adolescents are most at risk on school days between the hours of 3:00 p.m. and 6:00 p.m. of being a victim of a crime or of committing a crime. In response to this concept, a multi-disciplinary task force was formed in 2001 consisting of City officials, school district personnel, and related service providers. This task force developed a coordinated program for Fort Worth Independent School District schools that documented juvenile crime patterns. Each year since 2001, the City of Fort Worth (City) has funded After-School Programs using appropriations from the Crime Control and Prevention District(CCPD). The participating school districts have expanded beyond Fort Worth ISD to include Keller ISD, Crowley ISD, and White Settlement ISD; however, only schools that lie within the boundaries of the City receive CCPD funding. Each district is responsible for the day-to-day administration of its after-school program and is required to establish program goals and objectives that are measurable and result in desired program outcomes. Today, the mission of the After-School Programs is to provide a safe environment for educational, physical, and social development leading to a reduction in juvenile crime. Funding will be allocated as follows to each district in Fiscal Year 2019 on a reimbursement basis: Fort Worth ISD funding in the amount of$1,300,000.00. Keller ISD funding in the amount of$125,000.00. Crowley ISD funding in the amount of$125,000.00. White Settlement ISD funding in the amount of$50,000.00. These Agreements will be effective October 1, 2018, and will end on September 30, 2019. This program serves ALL COUNCIL DISTRICTS. This contract will be with a governmental entity, state agency or public institution of higher education: Fort Worth ISD, Keller ISD, Crowley ISD, and White Settlement ISD. This IC does not request approval of a contract with a business entity. �CF/r� �oISCAi�4NFORMATION/CERTIFICATION: s0e [?'rector of Finance certifies that, contingent upon adoption of the Fiscal Year 2019 Budget by 1 uncil, funds will be available in the Fiscal Year 2019 Budget of the Crime Control and Prevention District Fund and the Police Department is responsible for verifying the availability of funds prior to an expenditure being made. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Joel Fitzgerald (4231) Additional Information Contact: Tiffany Moore (4223) ATTACHMENTS