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HomeMy WebLinkAboutContract 47056CFFY 5FCRETARY COIMIPACT No. 705 INTERLOCAL AGREEMENT BETWEEN FORT WORTH INDEPENDENT SCHOOL DISTICT AND THE CITY OF FORT WORTH In consideration of the mutual covenants, promises, and agreements contained herein, THIS 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 Rudy Jackson, its duly authorized Assistant City Manager, and FORT WORTH INDEPENDENT SCHOOL DISTRICT, hereinafter referred to as ("District") acting by and through Patricia A. Linares, Interim 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 one or more of the Crime Control and Prevention District ("CCPD") goals, which are (1) to support efforts to reduce violent crime and gang -related activities through enhanced enforcement activities and crime prevention programs, (2) to support efforts to increase the safety of residents and to decrease crime throughout Fort Worth neighborhoods, and (3) to support efforts to increase the safety of youth and reduce juvenile crime through crime prevention and intervention programs; and WHEREAS, City Council of Fort Worth and the Fort Worth Independent School District Board of Trustees have determined that the security and well-being of students at elementary and middle 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 an After School Program ("FWISD After School Program") in conjunction with City. NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follow: CONTRACT DOCUMENTS The Contract documents shall include the following: 1. This Agreement for the FWISD After School Program 2. Exhibit A — Scope of Work 3. Exhibit B — Budget 4. Exhibit C — Request for Reimbursement OFFICIAL RECOKO CITY SECRETARY PtWO0' IX FY 2016 lnterlocal Agreement FW[S° After School Program CFW & FWISD Page 1 of 26 5. Exhibit D — Program Activities Report 6. Exhibit E — Program Effectiveness Measurement Report 7. Exhibit F — Request for Budget Modification All Exhibits attached hereto are incorporated herein and made a part of this Agreement for all purposes. In the event of any conflict between the documents, the terms and conditions of this Interolocal Agreement shall control. 1. AGREEMENT District covenants and agrees to fully perform, or cause to be performed, with good faith and due diligence, all work and services described in Exhibit "A," Fort Worth ISD After -School Program Goals, Performance Measures and Outcomes FY 2016 attached, and incorporated herein for all purposes incident to this Agreement. District agrees to spend the Program Funds in accordance with its approved Budget Summary and Budget Narrative, described in Exhibit "B,' attached and incorporated herein for all purposes incident to this Agreement. City and District together covenant and agree to fully cooperate in the operation of this project and both parties agree that: A. A Coordinating Board shall continue to oversee the implementation and operation of the After -School Program The Coordinating Board shall consist of thirteen positions. Members of the Board shall serve no more than two terms of three years each, however, positions with asterisks (*) are permanent board members and will not be affected by the term limit rule. Community members will be selected by the Coordinating Board. District — Four Positions 1. Representative of the Superintendent, District* 2. Director, Student Discipline and Placement* 3. Director, Leadership and I earning Network* 4. Executive Director, Art Education or Instructional Music or Athletics City of Fort Worth — Four Positions 5. Representative of the City Manager, City of Fort Worth* 6. Chief of Police, City of Fort Worth or designated representative* 7. Director, Parks and Community Services, City of Fort Worth* 8. Representative of the City of Fort Worth Library Department. Community Members — Five Positions 9. President , Safe City Commission* 10. Director or Assistant Director, Tarrant County Juvenile Services* 11. At -large Community Member 12. At -large Community Member FY 2016 lnterlocal Agreement FWISD After School Program CFW & FWISD Page 2 of 26 13. At -large Community Member At -large Community members shall have experience that includes one of more of the following categories: • Fort Worth Council of PTAs • District Advisory Board • Child Care Management System (CCMS) • United Way of Metropolitan Tarrant County • Legal professions • Financial professions • Health and wellness professions • • Marketing/media professions • Foundations or philanthropy • Evaluation The Coordinating Board shall have the following responsibilities; 1. Approve program -wide scope, goals and objectives 2. Approve site selection process 3. Select sites based on selection criteria 4. Evaluate reported results from campus programs 5. Evaluate funding needs 6. Recommend future direction and standards B. The District shall he responsible for day-to-day administration of the After -School Program and will at a minimum employ a Director and two Program Coordinators. C. The District shall establish a site -based advisory committee at each middle and elementary school that operates an After -School Program. This committee may be a new body, a group continued from a previous year of after -school operations, or the site -based management team provided it includes the principal and representatives of the community, faculty, and student body. D. The District shall continue to work with an independent entity to conduct an in- depth longitudinal evaluation of the After -School Program The evaluator shall provide an overview and feedback on existing programs and recommendations for improvement. E. 'I he City Council of Fort Worth and the Fort Worth Independent School District Board of Trustees shall meet annually to review the After -School Program. 2. ADMINISTRATION AND RECORDS / REPORTS FY 2016 1nterlocal Agreement FWISD After School Pmgram CFW & FWISD Page 3 of 26 A. The mission of the After -School Program shall be to enable needs -based after - school programs in a safe environment that result in educational physical, and social development for elementary and middle school aged children. 1. The associated program goals, performance measures, and activities are listed in Exhibit A. 2. Operational Imperatives of the After -School Program are to ensure that program participants achieve improvement in core program outcomes through an accountable system of measurement. 3. To ensure that existing programs are not duplicated, or if appropriate, are expanded or complimented through an inventory and evaluation of existing programs. B. CITY will: 1. Ensure the implementation of the goals of the After -School Program. 2. Monitor sites to ensure quality and compliance of programs. 3. Monitor program. compliance. 4. Make recommendations regarding programming. 5. Assist/participate with Campus Advisory Committees. 6. Provide funding for program pursuant to the amounts identified in Exhibit 13. 7. Approve the After-Sehool Program Service Provider, but such approval shall not be unreasonably withheld. C. DISTRICT will: 1. Provide guidance and direction in the development of programs and activities on campus. 2. Supervise, monitor, and guide to ensure alignment of project activities with program guidelines 3. Identify appropriate District students for referral and program participation 4. Assist in the recruitment of students. 5. Obtain parental permission for student participation in program. 6. Provide appropnate student orientation. 7. Provide access to necessary use of facilities that are conducive for program activities daily, including use of a telephone. 8. Provide regular program updates to respective Site -Based Management Teams. 9. Provide program compliance and project development assistance through the Campus Advisory Committee or Site -Based Management Team. 10. Coordinate planning for tutoring. 11. Ensure After -School staff is receiving support from teachers at the school. 12. Ensure the safety of students After -School. 13. Provide internal and external evaluation services. FY 2016 Interloc:al Agreement F WISD After School Program CFW & FWISD Page 4 of26 14. Select a third -party After -School Program Service Provider. District shall provide the name of After -School Program Service Provider to the CITY for approval within ten (10) days after selection by District. The After - School Program Service Provider shall not provide any services under this Agreement until approved by the CITY. 15. Provide CITY with a copy of their Agreement with the approved After - School Program Service Provider. 16. Ensure that the approved After -School Program Service Provider is in full compliance with this Agreement. 3. RECORDS AND TRAINING A. Records to be submitted to CITY by DISTRICT: Annually District shall submit a. A list of participating schools The list shall include a contact person for each campus, a telephone number, and e-mail address. b. Current school year calendar c. DiscipIine Policy d. Staff Training Schedule e. Student Enrollment Procedure f. Student Recruitment Procedure g. Lesson plans, to include planned annual/monthly schedule of activities Monthly a. Performance Activity Report showing success in meeting the goals and measurements as outlined in Exhibit A to this Agreement. b. Attendance records shall be taken daily and submitted monthly and shall include: 1) Number of students registered or enrolled. 2) Participation — average daily attendance. c. Coordinating Board meeting schedule and minutes. Records to be maintained on site: I . Participant registration 2, Parental consent forms 3. Written Safety Policy and Procedures 4. Disciplinary actions 5. Staff training records FY 2016 Interlocal Agreement FWISD After School Program CFW & FWISD Page 5 of 26 C. Reports that provide a method of evaluation for improvements in Academics, Social Skills, and Recreational Activities. ] . Pre-program 2. Mid -year 3. Post program 4. Responsibilities of District. District covenants and agrees to fully perform, or cause to be performed, with good faith and due diligence, all work and services described in Exhibit `A" — Program Scope of Work, attached and incorporated herein for all purposes incident to this Agreement. District shall be responsible for day-to-day administration of the FWISD After School Program. District agrees to expend the Program Funds in accordance with its FWISD After School Program budget, described in Exhibit `B," attached Program activities shall be reported in accordance with Exhibit "D," attached and effectiveness measurements shall be reported in accordance with Exhibit `E " attached. 5. Program Funds. 5.1 In no event shall the total distribution of Program Funds from City made to the District durrng the term of this Agreement exceed the total sum of $1,300,000.00. 5.2 Payment of the Program Funds from City to District shall be made on a cost - reimbursement basis following receipt by City from District of a signed Request for Reimbursement (RFR) as described in Exhibit "C," and copies of all receipts and support documentation District shall deliver to City a written detailed Program Activities Report and Program Effectiveness Measurement Report as descnbed in Section 7.2 below with each RFR to support expenditure of Program Funds. Such reports shall be signed by the District or duly authorized officer of the District. The RFR and monthly Program Activities Report shall be submitted to City no later than the 156 day following the end of the month. Submittal of a monthly RFR and Program Activities Report is required even if services are not provided. Submit the monthly RFR with an original signature by an authorized representative to the Grants and Contracts Management Section of the Fort Worth Police Department, ATTENTION: BECKY MCGIBSON 505 West Felix Street Fort Worth, Texas 76115. Reimbursements will not be made until after receipt of an acceptable and approved RFR and a monthly Program Activities Report. In addition, a quarterly Program Effectiveness Measurement Report from the Contractor will be required as described in section 7.2 and must be approved prior to reimbursements. Reimbursements shall be made within 30 days receipt of said documents. 5.3 District is authorized to adjust any categories in the budget as outlined in Exhibit "B," in an amount not to exceed 5% of those particular categories without prior approval of City, as long as the total sum does not exceed the amount of the Program Funds however District must notify City in writing of any such adjustments. Any adjustment of more than 5% of each category must have written permission from City prior to any budget adjustment being made which shall be described in Exhibit "F.' If the City gives written approval of the FY2016 Interlocai Agreement FWISD After School Program CFW & FWISD Page 6 of 26 District's proposed Budget amendment, then the Amended Budget will take effect on the first day of the month following the month in which it was approved by City, unless otherwise specified in the amendment. Budget adjustments shall be submitted to the Grants and Contracts Management Section of the Fort Worth Police Department ATTENTION: JAMES RODRIGUEZ, 505 W Felix Street, Fort Worth, Texas, 76115. 6. Term, This Agreement shall commence upon October 1, 20I5 and shall end on September 30, 2016. All of Contractor's expenditures under this Agreement must be completed no later than September 30, 2016. 7. Program Performance. 7.1 District agrees to maintain full documentation supporting the performance of the work and fulfillment of the objectives set forth in Exhibit "A." 7.2 District 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 15a' day after the end of each month. 7.3 District agrees that the monthly Request for Reimbursement 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. If District is unable to provide the required reports by the deadline, District agrees to request an extension of time to submit the reports to City District's request for an extension must be made in writing. If the City, in its sole discretion, agrees to provide District with an extension, the extension shall not exceed a period of 15 days. Should District fail to timely submit the required reports or request an extension for submission, City will send a non-compliance letter notifying District's duly authorized representative of a possible suspension of program funding If, at the end of this 15-day extension period, District has not submitted the required reports, City will send a non-compliance letter notifying District's duly authorized representative of a possible suspension of program funding. 8. Default and Termination. 8.1 This Agreement is wholly conditioned upon the actual receipt by City of Program Funds from the CCPD. All monies distributed to District hereunder shall he exclusively from monies received from the CCPD, and not from any other monies of City. In the event FY 2016 Interloeal Agreement FWISD After School Program CFW & FWISD Page 7 o126 that funds from the CCPD are not timely received, in whole or in part, City may, at its sole discretion, terminate this Agreement and City shall not be liable for payment for any work or services performed by District under or in connection with this Agreement. 8.2 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 District default, inability to perform or to comply with the terms herein; or for other good cause. 8.3 Termination will be effected by delivering to District a notice of termination, specifying the portion of the Agreement affected and the effective date of termination. Upon District's receipt of notice of termination, 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; (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. 8.4 In the event City suspends or terminates this Agreement for cause, and the cause for such suspension or termination is determined to be invalid, the District's sole remedy shall be reinstatement of this Agreement. District expressly waives any and all rights to monetary damages, including but not limited to actual, consequential, and punitive damages, court costs and attorney's fees. 8.5 Within thirty (30) days following the date of termination of this Agreement, District shall return to City any property provided hereunder. City will have no responsibility or liability for District's expenditures or actions occurring after the effective date of termination of the Agreement. 9. Eauinment and Maintenance. Alt equipment purchased with Program Funds must meet all eligibility requirements of City. District shall maintain all equipment used in the administration and execution of the FWISD After School Program. District shall maintain, replace, or repair any item of equipment used in support of the FWISD 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 FWISD After School Program and/or for use under the terms of this Agreement is the sole responsibility of District. District shall not use Program Funds or City funds to repair or replace said equipment. District shall use any and all equipment purchased with Program Funds exclusively in support of the FWISD 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 Grants and Contracts Management Section at the address set forth in paragraph 5 3 above The equipment inventory shall include an itemized description of each piece of equipment, the date each piece of equipment FY 2016 Intertocal Agreement FWISD After School Program CFW & FWISD Page 8 of 26 was purchased, the cost of purchase for each piece of equipment, and the location of each piece of equipment. 10. Administrative Requirements. 10.1 Distnct 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 District under this Agreement. District, its officers, members, agents, employees, and subcontractors, upon demand by City, shall make such records readily available for investigation, examination and audit. In the event of such audit by City, a single audit of all District's operations will be undertaken and may be conducted either by City or an independent auditor of City's choice. District shall submit a copy of any audit performed by their independent auditor within 30 days of receipt of the final audit report. 10.2 If any audit reveals a questioned practice or expenditure, such questions must be resolved within fifteen (15) days after notice to District by City If questions are not resolved within this penod, City reserves the right to withhold further funding under this and/or future contract(s) with District. 10.3 If, as a result of any audit, it is determined that District misused, misapplied, or misappropnated all or any part of the Program Funds, District agrees to reimburse City the amount of such monies so misused, misapplied, or misappropriated, plus the amount of any sanction, penalty, or other charge levied against City because of such misuse, misapplication, or misappropriation. 10.4 District's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include but are not limited to: providing final Program Activities Report and Program Effectiveness Measurement Reports, making final payments, disposing of FWISD After School Program assets as, if deemed required by City in its sole discretion. 10.5 District covenants and agrees to fully cooperate with City in monitoring the effectiveness of the services and work to be performed by District under this Agreement, and City shall have access at all reasonable hours to offices and records of the District, its officers, members, agents, employees, and subcontractors for the purpose of such monitoring. 11. Indenendent Contractor. 11.1 District shall operate hereunder as an independent contractor and not as an officer, agent, or servant or employee of City District shall have exclusive control of, and the exclusive right to control, the details of the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, subcontractors, program participants, FY 20161ntertocal Agreement FWISD After School Program CFW & FWISD Page 9 of 26 licensees, or invitees. The doctrine of respondent superior shall not apply as between City and District, its officers, members, agents, servants, employees, subcontractors, program participants, licensees, or invitees, and nothing herein shall be construed as creating a partnership or Joint enterprise between City and District It is expressly understood and agreed that no officer, member agent, employee, subcontractor, licensee, or invitee of the District, nor any program participant hereunder is in the paid service of City and that City does not have the legal right to control the details of the tasks performed hereunder by District, its officers, members, agents, employees, subcontractors, program participants, licensees, or invitees. 11 2 City shall in no way nor under any circumstances be responsible for any property belonging to District, its officers, members, agents, employees, subcontractors, program participants, licensees, or invitees, which may be lost, stolen, destroyed, or in any way damaged. 12. Liability and Indemnification. TO THE EXTENT PERMITTED BY LAW DISTRICT SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE, AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE, OR INTENTIONAL MISCONDUCT OF DISTRICT, ITS OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES. DISTRICT 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) DISTRICT'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (11) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF DISTRICT, 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 DISTRICT AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE CITY'S GOVERNMENTAL IMMUNITY AS FURTHER PROVIDED BY THE LAWS OF TEXAS. DISTRICT DOES NOT WAIVE ANY IMMUNITY AS PROVIDED BYLAW. FY 2016 Interlace! Agreement FWISD After School Program CFW & FWISD Page 10 of 26 District shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of City in substantially the same form as above. Section 12 shall survive the expiration or termination of this Agreement. 13. Non -Assignment_ No assignment or delegation of duties under this Agreement by District shall be effective without City's prior written approval. 14. Prohibition Against Interest. 14.1 No member, officer, or employee of City, or its designees or agents; no member of the governing body of the locality in which the FWISD 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 FWISD After School Program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof for work to be performed hereunder. District shall incorporate, or cause to be incorporated, like language prohibiting such interest in all contracts and subcontracts hereunder. 14.2 No officer, employee, member, or program participant of District shall have a financial interest, direct or indirect, in this Agreement or the monies transferred hereunder, or be financially interested, directly or indirectly, in the sale to District of any land, materials, supplies, or services purchased with any funds transferred hereunder, except on behalf of District, as an officer employee, member, or program participant. Any willful violation of this paragraph with the knowledge, expressed or implied, of District or its subcontractors, shall render this Agreement voidable by City of Fort Worth. 15. Nondiscrimination. 15.1 In accordance with the federal, state, and local laws and ordinances, District covenants that neither it nor any of its officers, members, agents, employees, program participants, or subcontractors, while engaged in performing this Agreement shall in connection with the employment, advancement, or discharge of employees, in connection with the terms conditions or privileges of their employment, discriminate against persons because of their age, except on the basis of a bona fide occupational qualification, retirement plan, statutory requirement, or statutory or ordinance exception 15.2 District will not unlawfully discriminate against any person or persons because of age race, color, religion, sex, disability, national origin, or sexual orientation, nor will District permit its officers, members, agents, employees, subcontractors, or program participants to engage in such discrimination. 16. C'omnliance. FY 2016 lnterlocal Agreement FWISD After School Program CFW & FW1SD Page ti of 26 16.1 District, its officers, members, agents, employees, program participants, and subcontractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules, and regulations of City. If City calls to the attention of District any such violation on the part of District or any of its officers, members, agents, employees, subcontractors or program participants, then District shall immediately desist from and correct such violation. 16.2 District shall utilize Program Funds strictly for those purposes and goals intended under the terms and conditions of this Agreement. If City calls the attention of District to any such violations on the part of District or any of its officers, members, agents, employees, program participants, or subcontractors then District shall immediately desist from and correct such violation. 17. Waiver of Immunity. If District 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, District 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. 18. Insurance Requirement. 18.1 District shall procure and shall maintain during the term of this Agreement the following insurance coverage: (a) (b) (c) 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 Non -Profit Otaanizatton 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. 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. 18.2 District's insurer(s) must be authorized to do business in the State of Texas for the lines of insurance coverage provided and be currently rated in terrns of financial strength and solvency to the satisfaction of the City's Risk Manager. 18.3 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. 18.4 District 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 FY 2016 lnterlocal Agreement FWISD After School Program CFW & FWISF Page 12 of26 from and against any and all Worker's Compensation claims arising from the work and services provided under this Agreement. 19. Miscellaneous Provisions. 19.1 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. 19.2 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. 19.3 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 he in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 19.4 District represents that it possesses the legal authority, pursuant to any proper, appropriate, and official motion, resolution, or action passed or taken, to enter into this Agreement and to perform the responsibilities herein required. 19.5 This written instrument and the exhibits attached hereto 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. 19.6 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: Rudolph Jackson, Interim Assistant City Manager City Manager's Office City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Copies To: Becky McGibson, Planning Manager FY 2016 Interlocal Agreement FWISD Alter School Program CFW & FWISD Page 13 of 26 Fort Worth Police Department 505 West Felix St. Fort Worth, TX 76115 DISTRICT: Patricia A. Linares, Interim Superintendent Fort Worth Independent School District 100 N. University Fort Worth, TX 76107 19,7 None of the performance rendered under this Agreement shall involve, and no portion of the Program Funds received hereunder shall he 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. 19.8 Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 19.9 The provisions and conditions of this Agreement are solely for the benefit of City and District and are not intended to create any rights, contractual or otherwise, to any other person or entity. IN WITNESS WHEREOF, the parties hereto have exec this agreement in ultipl s in Fort 'Worth, Tarrant County, Texas, to be effective this �' ! ay of 20 CITY OF FORT WORTH UGC Rudo ac so iiiW12e it viokstri Interim Assistant City Manager APPROVAL RECOMMENDED emndo, L.-(L Rho da K. Robertson Chief of Police EY 2016 (nterlocal Agreement FW1SD After School Program CFW & FW1SD FO ' WORTH IND PENDENT SC L DISTC 11/ kW / Patricia A. Linares- Interim Superintendent OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 14 of 26 APPROVED AS TO FORM AND LEGALITY Victoria D l Honey Assistant • Attorn Date; 1 City Sep M&C Number: tec21 gelSeXIES re 2016 Interloc;al Awl:merit FWISD After School Proms FWISD a I �/�j;'t'2vf 1' . IS) Attorney Date: (172‘977 i `obi Jackson. Secretary. Board of Education OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page IS of 26 EXHIBIT A SCOPE OF WORK The Scope 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 h FY 2016 Interlocal Agreement FWISD After School Program Page 16 of 26 CFW& FWISD EXHIBIT B (a) 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. Program Personnel — B. Supplies and Services — C. Miscellaneous — FWAS is proposing to contract with Clayton YES!, YMCA, Camp Fire USA and Love Never Fails Intl. as full service providers. These organizations would be responsible for full implementation of the FWAS at each of their respective assigned campuses. FWAS/ FWISD would submit RFRs for up to but not to exceed $1,300,000 for the 2016 fiscal year. Reimbursable expenses include compensation for personnel, supplies, field trips, parent events, contracted fine arts and enrichment providers and administrative expenses. BUDGET - SY 2015-2016 ALLOCATION/ JOB DESCRIPTIONS & COMPENSATION RATES u The following parameters will be used to develop the FY15-16 budgets for each school and job titles and descriptions (a sample budget has been included for reference): Program dates — September 2, 2015 — May 21, 2016 (128 Days/Program Re -start on Jan. 5, 2016) 50 Students 4 days a week (minimum) School dismissal — 6:00 pm Ratios - 15:1 hlementary School, 20:1 Middle School Sixteen hours of Training with FWAS Staff for each employee Program Costs Personnel Fine Arts/ Supplies/ Field Trips Administrative Costs Certified Teachers Percent of Budget* May not be less than 70% and may not exceed 75% 15% -20% Shall not exceed 10% Shall be compensated at $21.00 per hour All Full Service/ Site -Based Providers will be required to submit funding reports on a monthly basis. All Full Service/ Site -Based Providers will be required to utilize the following job titles and descriptions as approved FWAS providers: FY 2016 Interlocal Agreement FWISD After School Program CFW & FWISD Page 17 of 26 Job Title FW After School Program Coordinator Minimum Qualifications College Degree shall be required; Supervisory experience' Administrative experience; 5 years or more experience with school age children and /or educational equivalent experience Job Description Enhance goals of FWAS; evaluate sites through visits; administer budget; keep accurate attendance records; ensure program variety remains unique; communicate with principal and/or FWAS Supervisor to ensure goals of program are met; maintain attendance database and submit required paperwork; ensure program adheres to policies and guidelines set forth by FWAS. The program coordinator may be responsible for multiple sites. Job Title FW After School Site Supervisor Minimum Qualifications High School Diploma or equivalent; 21 years of age; 4 years or more experience with school age children and/or educational equivalent, prior supervisory experience Job Description Reports to FWAS Program Coordinator; responsible for on -site program delivery; provide daily administration of programs at school, plans, coordinates and implements high quality program; supervise after school staff; ensure positive working relationship with principal and school staff maintain attendance database and submit required paperwork ensure program adheres to policies and guidelines set forth by FWAS Job Title FW After School Specialist Minimum Qualifications High School Diploma or equivalent; experience working with school age children and/or educational equivalent; 18 years of age or older Job Description Responsible for delivery of program; closely supervises students; provide constant visual supervision of all students; assist in developing and implementing after school programs; reports to FWAS Site Supervisor Job Title FW After School Specialist -Assistant Minimum Qualifications High School student; No unsupervised activities with student participants; currently enrolled in high school; 16 years of age o1 older FY 2016 Interlocal Agreement FWISD After School Program CFW & FWISD Page 18 of 26 Job Description Supervises FWAS participants; assists in delivery of program; provide constant visual supervision of all students; reports to FWAS Site Supervisor D. Facility and Utilities — E. Direct Assistance — F. Indirect Costs — Administrative — G. Indirect Costs — Legal, Financial, and Insurance — FY 2016 Interlocal Agreement FWISD After School Program CFW & FWISD Page 19 of 26 EXHIBIT B (b) - BUDGET SUMMARY Contract Budget A. PROGRAM PERSONNEL Salaries FICA Life Insurance Health Insurance Unemployment Worker's Compensation Retirement B. SUPPLIES AND SERVICES Contract Services Office Supplies Office Equipment Rental/Purchase Postage Printing C. MISCELLANEOUS Contract Labor (City needs copy of contract before expenses can be reimbursed) Craft Supplies Field Trip Admission Expenses Other Field Trip Expenses Food Supplies Teaching Aids Travel Contract Labor Indirect Costs D. FACILITY 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 E. DIRECT ASSISTANCE Childcare Scholarships F. INDIRECT COSTS - ADMINISTRATIVE Salaries FICA Life Insurance Health Insurance Unemployment Worker's Compensation Retirement G. INDIRECT COSTS - LEGAL, FINANCIAL, AND INSURANCE Fidelity Bond or Equivalent Directors and Officers General Commercial Liability Contract Accounting TOTAL INDIRECT COSTS (F+G) $1,053,000 $78,000 $9,000 $30,000 $130,000 TOTAL BUDGET 1,300,000.00 TOTAL FY 2016 Interlocal Agreement FWISD After School Program CFW & FWISD Page 20 of 26 EXHIBIT B - BUDGET DETAIL District may make changes to any column except the ' Position Name" column in the `Salary Detail' table without the City's consent so long as the total amounts charged to the grant do not exceed the line items on the first page of the EXHIBIT B — BUDGET Changes to the column labeled "Position Name" may only be made with the prior written consent of the City Position Name Director of Teen Services FICA Life Insurance Health Insurance Unemployment Worker's Compensation Retirement Contract Services Office Supplies Office Equipment Rental/Purchase Postage Printing Contract Labor Craft Supplies Field Trip Admission Expenses Other Field Trip Expenses Food Supplies Teaching Aids Travel Contract Labor Indirect Costs Telephone Electric Gas Water and Wastewater SALARY DETAIL Rate Annual Hours Percent of Payroll FRINGE DETAIL Amount SUPPLIES AND SERVICES Total Budget Percent to Grant Amount to Grant Percent to Grant I Amount to Grant Percent to Grant Amount to Grant MISCELLANEOUS Total Budget Percent to Grant 1 053,000 81% 78,000 6% 9,000 .69% 30,000 2.3% 130,000 10% FACILITY AND UTILITIES Total Budget Percent to Grant Amount to Grant Amount to Grant 1 FY 2016 Interlocal Agreement FWISD After School Program CFW & FWISD Page 21 of 26 Solid Waste Disposal Rent Custodial Services Repairs Cleaning Supplies Childcare Scholarships Salaries FICA Life Insurance Health Insurance Unemployment Worker's Compensation Retirement DIRECT ASSISTANCE Total Budget Percent to Grant INDIRECT COSTS — ADMINISTRATIVE Total Budget Percent to Grant INDIRECT COSTS — LEGAL, FINANCIAL, AND INSURANCE Total Budget Percent to Grant Fidelity Bond or Equivalent Directors and Officers General Commercial Liability Contract Accounting Amount to Grant Amount to Grant Amount to Grant FY 2016 Interlocal Agreement FWISD After School Program CFW & FWISD Page 22 of 26 Exhibit C Monthly Request for Reimbursement (RFR) FY 2016 FWISD After School Program Program Period 10/1/15 to 09/30/16 Submit to: Fort Worth Police Department Becky McGibson 505 W/ Felix St. Fort Worth, TX 76115 Period covered by this request: Budget Category 1 Administration 2 Program Personnel 3 Supplies & Services 4 Miscellaneous 5 Facility and Utilities Legal, Financial and 6 Insurance 7 Direct Assistance 8 Indirect Costs Total Costs mm/dd/yy A B Total of Previous Reimbursements Budget Amount Requested $ 1,300,000.00 $ $ - $ - $ - $ 1,300,000.00 $ to Please Attach: 1. Attach copies of invoices and the receipts on all expenditures 2. For Personnel Cost, include copies of signed times sheets 3. Attach a copy of Monthly Performance Report I have reviewed this request and certify that the listed expenses and support documentation are accurate. Grantee Authonzed Official Title FY 2016 Interlocal Agreement FWISD After School Program Date Submitting Agency: Agency Contact Name: Phone Number: Email: Remit Address: Invoice Number: mm/dd/yy C This Request Summary: Total Budget: $ Previous Requests: $ This Request: $ Total Spent: $ Balance left in grant: $ Fund Fort Worth ISD Miguel Garcia, Jr. 817.871.3192 miauel.aarcia24 anfwisd.ora 2901 Shotts Street Fort Worth, TX 76107 D (B+C) Total Requested Ogg 1,300,000.00 1, 300, 000.00 Fiscal Agent Use Only Account E (A-D) Balance Available 1,300,000.00 ANL 1,300,000.00 Center Page 23 of 26 FORT WORTH CRIME CONTROL & PREVENTION DISTRICT Current Reporting Month Submitting Agency Contact Name Phone Number and Email Remit Address Exhibit D Fiscal Year 2016 Monthly Program Activities Report Fort Worth ISD Miguel Garcia 817-871-3192 miguel.garcia24@fwisd.org 2901 Shotts Street Fort Worth, TX 76107 Activity 1 Number of unduplicated participants 2 Number of regular (30 days or more) participants 3 Number of Homework Assistance/ Tutoring hours provided to students 4 Number of school office referrals for regular participants (ES,MS) 5 Number of CFWPD referrals/ citations for regular participants (ES,MS) 6 Number of College Dream Plans created by regular students 7 Number of Parent Activities held throughout FWAS 8 Current To Date Month Total Total Year End Goal 2800 1120 5600 70 34 500 112 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 FWISD After School Program CFW & FWISD Page 24 of 26 FORT WORTH CRIME CONTROL & PREVENTION DISTRICT' Exhibit E Fiscal Year 2016 Quarterly Program Effectiveness Measurement Report Current Reporting Quarter Submitting Agency Fort Worth ISD Contact Name Miguel Garcia Phone Number and Fi,mail 817-871-3192 miguel.garcia24(aifwisd.org Remit Address 2901 Shotts Street Fort Worth, TX 76107 Please include outcome narrative that describes how measure was accomplished for each quarter. Effectiveness Measures and Quarterly Outcomes Measure 1 Regular FWAS participants will attend school more often They will attend school 95% (ES) and 90% (MS) or more of possible school days. Outcome Measure 2 75% of regular FWAS participants will increase their course GPA by 2%. Outcome Measure 3 Regular participants will receive fewer student office referrals than their counterparts. Target number for regular participants is 20 (ES) and 25(MS). Outcome Measure 4 Regular participants will receive fewer PD referrals than their counterparts. Target numbers are 10(ES) and 12(MS) Outcome Measure 5 75% of parent respondents will indicate FWAS fostered a positive and educational environment on Satisfaction Surveys. 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: 1st Quarter (Oct -Dec) due January 15 * 2nd Quarter (Jan -Mar) due April 1 * 3rd Quarter (Apr -June) due July 15 4th Quarter (Jul -Sep) due October 15 FY 2016 Interlocal Agreement FWISD After School Program Page 25 of 26 CFW & FWISD FORT WORTH CRIME CONTROL & PREVENTION DISTRICT Current Reporting Quarter Submitting Agency Contact Name Phone Number and Email Remit Address Exhibit E Fiscal Year 2016 Quarterly Program Effectiveness Measurement Report Safe City Commission — One Safe Place Michelle Morgan (817) 502-7122 / mmorgan@safecitycommission.org 1100 Hemphill St, Fort Worth, TX 76104 Please include outcome narrative that describes how measure was accomplished for each quarter. Effectiveness Measures and Quarterly Outcomes Measure 1 % of clients engaging in multiple on -site visits to access services at One Safe Place Outcome Measure 2 Outcome Measure 3 Outcome Number of incidents of violence following client intake Number of children who have witnessed violence who have been connected to follow up services Measure 4 Number of domestic violence related homicides 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: 1st Quarter (Oct -Dec) due January 15 2nd Quarter (Jan -Mar) due April 15 3`d Quarter (Apr -June) due July 15 4th Quarter (Jul -Sep) due October 15 EXHIBIT F REQUEST FOR BUDGET MODIFICATION DATE: TO: FROM: REASON: Budget Category A. Administration B. Program Personnel C. Supplies & Services D Miscellaneous E Facility & Utilities F Legal, Financial, and Insurance G. Direct Assistance H. Indirect Cost TOTAL COST Approved Budget Change Requested Signature Date Revised Budget BUDGET NARATIVE (DESCRIBE IN DETAIL WHAT THE GRANT FUNDS WILL PURCHASE) JUSTIFICATION: FY 2016 Interlocal Agreement FWISD After School Program CFW & FWISD Page 26 of 26 9/16/2015 M&C Review OUNCIL 'GENDA COUNCIL ACTION: Approved on 9/15/2015 DATE• 9/15/2015 REFERENCE C-27466 LOG NAME• NO.. Official site of the City of Hit Worth Texas FORT WO RT H 35AFTER SCHOOL PROGRAMS FOR FY 2016 CODE- C TYPE NON- PUBLIC NO CONSENT HEARIN& 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_review.asp?ID=21466&councildate=9/15/2015 1/2