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HomeMy WebLinkAboutContract 44720 (2)CITY SECRETARY CONTRACT NO. _ �1N1 ZO PERSONAL SERVICES CONTRACT BETWEEN THE CITY OF FORT WORTH AND KATHERINE LIVINGSTON This PERSONAL SERVICES CONTRACT ("Contract") is by and between the CITY OF FORT WORTH ("City"), a home rule municipal corporation of the State of Texas ("City") acting by and through its duly authorized Assistant City Manager, and KATHERINE LIVINGSTON, an individual ("Consultant"). WHEREAS, in March 2012, the City applied for and received a grant from the Wallace Foundation, which is a philanthropic organization whose mission is to improve learning and enrichment opportunities for children, particularly those living in distressed urban areas; WHEREAS, the City and The Wallace Foundation entered into a contract (City Secretary Contract Number 43490) ("Grant") for the City to use the Grant funds to create a systemic approach for ensuring high quality, accessible year-round out -of -school time programs for Fort Worth youth; WHEREAS, during the term of the Wallace Foundation grant, the City of Fort Worth, through its Parks and Community Services Department, will use the grant funds to initiate a citywide system to support and strengthen the afterschool and summer programming in the local community; WHEREAS, the Grant sets forth three building blocks to help the City achieve its citywide initiative and certain key expected accomplishments and measures by which the Wallace Foundation will track the City's progress of the initiative; WHEREAS, the City desires to hire Consultant to assist with administering the citywide initiative program and preparing the required reports and deliverables to the Wallace Foundation pursuant to the terms and conditions of the Grant contract, along with any other Grant -related assignments required by the City's Parks and Community Services Department's Director and/or his designee ("Project Director"); WHEREAS, Consultant has experience and expertise in administering grant programs similar to the Grant and in establishing collaboration between various school districts, government and non-profit organization to support grant projects; and WHEREAS, the City and Consultant wish to set out the terms and conditions under which said services shall be carried out. 1. Scope of Services 1.1 Consultant shall, with good faith and due diligence, use her experience and expertise in grant administration to assist the City in achieving the Grant program goals and preparing all required reports and deliverables for Year 2 of the Grant and a portion of Year 3 of the Grant (up to the expiration of the Term) set forth in Exhibit A by performing the services _ :. Exhibits Personal Services Contract — Katherine Livingston OFFICIAL RECORD RECEIVED AUG 15 2613 1 CITY SECRETARY Ft WORTH, TX 1 of 22 A and B are attached hereto and incorporated herein by reference. The services to be performed pursuant to Exhibit B shall be referred to as "Services." Consultant agrees to perform all Services in accordance with the highest professional industry standards. 1.2 The Work Product (as hereinafter defined) delivered by the Consultant will be in a form and content satisfactory to the City. Consultant will consult City sufficiently in advance of all delivery dates regarding style, format, content, and other delivery requirements to ensure that the Work Product, when delivered, will meet the City's specifications. Consultant will adhere to any further reasonable schedule and process requirements established by City for the submission, review, and revision by Consultant of the Work Product, and preliminary and draft versions of the Work Product. Consultant will make any additions to, deletions from, alterations of or revisions to the Work Product that the City determines are necessary to render the Work Product satisfactory to the City. 2. Compensation; Payment Schedule 2.1 The City shall pay Consultant an amount not to exceed Fifty Thousand Dollars and No Cents ($50,000.00) in accordance with the provisions of this Contract and the fee schedule set forth in Exhibit A, which shall constitute full compensation for all Services to be performed and material to be furnished by Consultant under this Contract. 2.2 Consultant shall not perform any additional services for the City not specified by this Contract unless the City requests and approves in writing the additional services and costs for such services. The City shall not be liable for any additional expenses of Consultant not specified by this Contract unless the City first duly approves such expenses in writing. 2.3 The Consultant shall issue monthly payment invoices to the City that must contain a detailed breakdown to include: the City's contract number, task or deliverables to the City and date provided for the billing period, the amount billed for each task or deliverable, and the total amount due. If the City requires additional reasonable documentation, it shall request the same promptly after receiving the above -described information and the Consultant shall provide such additional reasonable documentation to the extent the same is available. 2.4. Invoices shall be submitted no later than the l Oth day following the end of the month and sent to Sheri Endsley, Parks and Community Services Department, 4200 South Freeway, Suite 2200, Fort Worth, Texas 76115. 2.5 Payment for Services shall be due within thirty (30) days of the uncontested performance of the particular Service and receipt by the City of Consultant's invoice for payment of the same, including any additional documentation described in section 2.3. 2.6 In the event of a disputed or contested billing, only the portion being contested will be Personal Services Contract — Katherine Livingston 2 of 22 withheld from payment, and the undisputed portion will be paid. City will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until the contest has been mutually resolved. For contested billings, the City shall make payment in full to Consultant within 60 days of the date the contested matter is resolved. 2.7 The City reserves the right to withhold payment based on Consultant's non-compliance with any of the terms of this Contract. 3. Term and Termination 3.1 Unless terminated earlier pursuant to the terms herein, this Contract shall be effective beginning on April 1, 2013 and shall expire upon completion of the Services or on March 31, 2014, whichever is earlier. 3.2 Termination for Convenience. 3.2.1 The City may terminate this Contract for its convenience upon ten (10) days written notice to the Consultant. Upon receipt of such notice, Consultant shall immediately discontinue all Services and work and the placing of all orders or the entering into Contracts for all supplies, assistance, facilities and materials in connection with the performance of this Contract and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Contract. If the City terminates this Contract under this Section, the City shall pay Consultant for Services actually performed in accordance herewith prior to such termination, less such payments as have been previously made, in accordance with a final statement submitted by Consultant documenting the performance of such work. 3.2.2 Consultant may, for any reason, terminate this Contract upon thirty (30) days written notice to the City. Consultant shall provide the City with originals and copies of all completed or partially completed documents prepared under this Contract on or before the effective date of termination. 3.3 Termination for Cause. The City may terminate this Contract for cause in the event Consultant fails to perform in accordance with the terms and conditions contained herein. In such event, City shall give Consultant written notice of Consultant's failure to perform, giving Consultant fourteen (14) calendar days to come into compliance with the Contract requirements. If the Consultant fails to come into compliance with this Contract, City shall notify Consultant, in writing, and this Contract shall be terminated as of the date of such notification. In such event, Consultant shall not be entitled to any additional compensation. Personal Services Contract— Katherine Livingston 3 of 22 3.4 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder, City will notify Consultant of such occurrence and this Contract shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds shall have been appropriated. 3.5 Upon termination of the Contract for any reason, Consultant shall provide the City with all originals and copies of all completed or partially completed documents prepared under this Contract within thirty (30) days after the effective date of termination. 3.6 The City's obligations under this Contact are contingent upon the actual receipt of grant funds from The Wallace Foundation. If sufficient funds are not available to make payments under this Contract or if the City's allocation of The Wallace Foundation funds changes, the City reserves the right to amend or terminate this Contract without penalty to the City. 4. Ownership and Intellectual Property Rights 4.1 City shall own all right, title, and interest in the work produced by Consultant under this Contract (collectively, "Work Product") at all times throughout the world. Further, City shall be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of the City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product shall be considered a "work -made -for -hire" within the meaning of the Copyright Act of 1976, as amended, and City will be considered the author of the Work Product, with all rights appurtenant thereto. If, and to the extent such Work Product, or any part thereof, is not considered a "work -made -for -hire" within the meaning of the Copyright Act of 1976, as amended, Consultant hereby expressly assigns, sells, and transfers, and to the extent any such assignment, sale, or transfer cannot be made at the present time to City, agrees to assign, sale, and transfer, all exclusive right, title and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights therein, that the City may have or obtain, without further consideration, free from any claim, lien for balance due, or rights of retention thereto on the part of the City. Consultant shall have no copyright or other intellectual property interest in the Work Product. 4.2 The City shall have access to and be entitled to review and copy any portion of the Work Product at any time. 5. Liability, Indemnification and Release Personal Services Contract — Katherine Livingston 4 of 22 5.1 LIABILITY. CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, 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 CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 5.2 INDEMNIFICATION. CONSULTANT COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, CITY FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, ACTIONS, CAUSES OF ACTION, LIENS, LOSSES, EXPENSES, COSTS, FEES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, DEMANDS, DAMAGES, LIABILITIES, AND/OR SUITS OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY LOSS (INCLUDING, BUT NOT LIMITED TO, WORKERS' COMPENSATION ACT LIABILITY, LOST PROFITS, AND PROPERTY DAMAGE) AND/OR PERSONAL INJURY (INCLUDING, BUT NOT LIMITED TO, DEATH) TO ANY AND ALL PERSONS, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR RESULTING FROM ANY ACTS, ERRORS, OR OMISSIONS OF CONSULTANT AND/OR CONSULTANT'S CONTRACTORS AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS, MEMBERS, PARTNERS, AND REPRESENTATIVES IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR NONPERFORMANCE OF THIS CONTRACT, EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE GROSS NEGLIGENCE OF THE CITY. 5.3 IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST THE CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, CONSULTANT, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR PROCEEDING, AT CONSULTANT'S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO CITY. 5.4 This section shall survive the expiration or earlier termination of this Contract. 6. Independent Contractor 6.1 Consultant shall perform all work and services hereunder as an independent contractor and not an officer, agent or employee of the City. Consultant shall have exclusive control of, and Personal Services Contract — Katherine Livingston 5 of 22 exclusive right to control, the details of the work performed hereunder and all persons performing same and shall be solely responsible for the acts and omissions of its officers, agents, employees and subcontractors. Nothing herein shall be construed as the creation of a partnership or joint enterprise between the City and Consultant, its officers, agents, servants, employees or subcontractors; and the doctrine of respondeat superior shall have no application between the City and Consultant. It is further understood that the City shall in no way be considered a co -employer or joint employer of Consultant, or any officers, agents, servants and employees or subcontractors of Consultant. Neither Consultant, nor any of its officers, agents, employees, servants, contractors and subcontractors shall be entitled to any employment benefits from the City. Consultant shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, its officers, agents, servants, employees or subcontractors. 7. Disclosure of Conflicts, Confidentiality 7.1 Consultant warrants to the City that it has made full disclosure in writing of any existing or potential conflicts of interest related to services to be performed hereunder. Consultant further warrants that it will make prompt disclosure in writing of any conflict of interest that develop subsequent to the signing of this Contract. 7.2 Consultant, for itself and its officers, agents and employees, further agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such information to a third party without the prior written approval of the City. The exception to this rule is that information designed to be shared as part of the collaborative effort among the City, the Fort Worth Independent School District and other partners involved in the project may be distributed as needed. Consultant shall store and maintain the City information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt the City information in any way. Consultant shall notify the City immediately if the security or integrity of any City information has been compromised or is believed to have been compromised. 8. Right to Audit 8.1 Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of the Consultant involving transactions relating to this Contract at no additional cost to the City. Consultant agrees that the City shall have access during normal working hours to all necessary Consultant facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The Personal Services Contract — Katherine Livingston 6 of 22 City shall give Consultant reasonable advance notice of intended audits. This section shall survive the expiration or earlier termination of this Contract. 9. Prohibition of Assignment 9.1 Consultant shall not assign or subcontract any of its duties, obligations or rights under this Contract without the prior written consent of the City. If the City grants consent to an assignment, the assignee shall execute a written agreement with the City and the Consultant under which the assignee agrees to be bound by the duties and obligations of Consultant under this Contract. The Consultant and assignee shall be jointly liable for all obligations under this Contract prior to the assignment. If the City grants consent to a subcontract, the subcontractor shall execute a written agreement with the Consultant referencing this Contract under which the subcontractor shall agree to be bound by the duties and obligations of the Consultant under this Contract as such duties and obligations may apply. 10. Notices 10.1 Notices required pursuant to the provisions of this Contract shall be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To the CITY: To CONSULTANT: City of Fort Worth Attn: Sheri Endsley 4200 South Freeway, Suite 2200 Fort Worth TX 76115-1499 Facsimile: (817) 392-5736 With copies to: City Attorney City of Fort Worth 1000 Throckmorton Street, 3`d Floor Fort Worth, Texas 76102 Katherine Livingston 116 Copperwood Drive Lakeside, TX 76108 11. Insurance 11.1 Generally. Consultant shall provide the City with certificate(s) of insurance documenting policies of the following minimum coverage limits that are to be in effect prior to commencement of any Personal Services Contract — Katherine Livingston 7 of 22 work pursuant to this Contract. Consultant has an ongoing duty to provide the City with an annual certificate of insurance to evidence coverage. Such insurance shall cover all insurable risks incident to or in connection with the execution, performance, attempted performance or nonperformance of this Contract. Consultant shall maintain the following coverages and limits thereof: 11.1.1 Professional Liability — Errors & Omissions i. $1,000,000 Each Occurrence ii. $1,000,000 Annual Aggregate Limit iii. This coverage shall protect the insured against claims arising out of alleged errors in judgment, breaches of duty and wrongful acts arising out of their management duties. 11.2 Additional Requirements. 11.2.1 Insurers of Consultant's insurance policies shall be licensed to do business in the state of Texas by the Department of Insurance or be otherwise eligible and authorized to do business in the state of Texas. Insurers shall be acceptable to City insofar as their financial strength and solvency and each such company shall have a current minimum A.M. Best Key Rating Guide rating of A-: VII or other equivalent insurance industry standard rating otherwise approved by City. 11.2.2 Coverage shall be claims -made, and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. The certificate of insurance shall state the coverage is claims made and include the retroactive date. 12. Non -Discrimination 12.1 Consultant, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Consultant's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. If any claim arises from an alleged violation of this non- discrimination covenant by Consultant, its personal representatives, assigns, subcontractors or successors in interest, Consultant agrees to assume such liability and to indemnify and defend the City and hold the City harmless from such claim. 13. Severability 13.1 If any provision of this Contract is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Personal Services Contract — Katherine Livingston 8 of 22 14. Force Majeure 14.1 The City and Consultant shall exercise their best efforts to meet their respective duties and obligations as set forth in this Contract, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control (force majeure), including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 15. Choice of Law, Venue 15.1 This Contract shall be construed in accordance with the internal laws of the State of Texas. 15.2 If any action, whether real or asserted, at law or in equity, is brought on the basis of this Contract, venue for such 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. Entirety of Contract 16.1 This Contract contains the entire understanding and agreement between the City and Consultant, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Contract. 17. Compliance with Laws, Ordinances, and Grant Agreement 17.1 Consultant agrees to comply with all federal, state and local laws, ordinances, rules and regulations. If the City notifies Consultant of any violation of such laws, ordinances, rules or regulations, Consultant shall immediately desist from and correct the violation. Consultant also agrees to abide by all applicable terms of the City's Grant Agreement with The Wallace Foundation, which shall be provided to the Consultant upon request. 18. Licenses and Permits 18.1 Consultant shall, at its sole expense, obtain and keep in effect all licenses and permits necessary for it to carry out its duties and obligations hereunder. Personal Services Contract — Katherine Livingston 9 of 22 19. Governmental Powers 19.1 It is understood and agreed that by execution of this Contract, the City does not waive or surrender any of its governmental powers. 20. No Waiver 20.1 The failure of the City or Consultant to insist upon the performance of any term or provision of this Contract or to exercise any right granted herein shall not constitute a waiver of the City's or Consultant's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 21. Headings Not Controlling 21.1 Headings and titles used in this contract are for reference purposes only and shall not be deemed a part of this Contract. 22. Review of Counsel 22.1 The parties acknowledge that each party and its counsel have reviewed and revised this Contract 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 Contract or exhibits hereto. 23. Amendments, Modifications, and Extensions 23.1 No extension, modification or amendment of this Contract shall be binding upon a party hereto unless such extension, modification, or amendment is set forth in a written instrument, which is executed by an authorized representative and delivered on behalf of such party. 24. Confidential Information Consultant shall treat all information provided to it by the City as confidential and shall not disclose any such information to a third party without the prior written approval of the City. Consultant further agrees that it shall store and maintain all City information in a secure manner and shall not allow unauthorized users to access, modify, delete, or otherwise corrupt City information in any way. Consultant shall notify the City immediately if the security or integrity of any City information has been compromised or is believed to have been compromised. Personal Services Contract — Katherine Livingston 10 of 22 "/. WITNESS WHEREOF, 2013. CITY OF FORT WORTH: usan Alanis Assistant City Manager APPROVED AS TO FORM AND LEGALITY: r F. Wallach Assistant City Attorney ATTEST: Mary 1 a er City ' ecretary NO M&C REQUIRED Personal Services Contract — Katherine Livingston KATHERINE LIVINGSTON U(tom ps. Katherine Livingston I OFFICIAL RECORD CITY SECRETARY P% WORTH, TX 11 of 22 EXHIBIT A Program Goals and Reports CITY OF FORT WORTH FORT WORTH, TX, 76115 APPENDIX A REQUEST ID #20120016 Grant Amount: Up to $765,000 to be used over four years (from March 15, 2012 through March 14, 2016) to support the work described in the proposal you submitted on March 26, 2011, which is incorporated herein by reference and summarized in this Appendix. In the event of a conflict between the grant agreement (including this Appendix) and your proposal, the terms of the grant agreement shall control. Program Summary Fort Worth's over -arching goal is to create a systemic approach for ensuring high quality, accessible year-round opportunities for all of Fort Worth's youth, including those who are living in the city of Fort Worth yet outside of the Fort Worth Independent School District (FWISD) service area or are attending alternative or private schools. The primary focus of Fort Worth's approach to achieving this goal is through support for the Reliable Information building block; specifically by conducting geographical mapping, asset tracking, market research, data collection and training in order to improve access to and participation in quality programs. The second building block is Commitment to Quality. Fort Worth will develop city wide OST program quality standards, assessment tools, training, and incentives for OST providers in Fort Worth in order to improve program quality across the city. A final building block effort, Coordinating Entity, will address the establishment, enhancement and/or revitalization of a 501(c)(3) organization with a Board of Directors in order to ensure sustainability of the data and quality efforts. Program Goals and Goal Attainment Indicators Key expected accomplishments of this grant and measures by which we will know goals are being achieved, by Building Block Building Block 1. Reliable Information Goals 1.1 Improve access to quality programming by identifying locations of existing programs and where service gaps occur, using geo-mapping tools 1.2 Coordinate efforts of OST providers citywide to collect reliable data (including attendance and program effectiveness) utilizing a common record keeping system (MIS) Goal Attainment Indicators A database of year -long, school term and summer OST programs will be compiled and made available to the public in order to improve access to programming. A geographical map of Fort Worth depicting the location of OST providers will be created and made accessible to the public in order to improve access to programming. Personal Services Contract — Katherine Livingston 12 of 22 Building Block Goals 1.3 Capture reliable information about the demand for quality OST programs through conducting market research 1.4 Build capacity of individual providers to use a common record keeping system (MIS) 2. Commitment to Quality 2.1 Improve program quality by defining City-wide quality standards 2.2 Improve program quality through identification of quality components and the development/adoption of a common program quality assessment tool 2.3 Develop a citywide training system for OST providers for quality programming, evaluation, and business practices Goal Attainment Indicators A detailed market research study by geographic areas will be made available to OST partners showing the desire and need for OST programs in the city in order to better serve under -served neighborhoods. A citywide MIS will be in place (either through an agreement with FWISD to use their MIS citywide or the acquisition/development of a new data system) and will be used by providers to support improved programming. Common measures across programs will be identified and reported on. A list of quality standards will be developed and adopted citywide by at least 60 % of providers. Comprehensive program quality monitoring and evaluation tools will be developed and used by at least 60% of OST providers. An incentive program that rewards OST providers for adherence to standards and program quality will be established, as well as support for those needing assistance in improving program quality. 1 Personal Services Contract — Katherine Livingston 13 of 22 Building Block 3. Coordinating Entity Goals Goat Attainment Indicators . 2.4 Implement a quality rating A collaborative citywide system to guide funding system of ongoing training for decisions OST providers will be in place to improve quality and at least 60% of the providers citywide are participating in training on a yearly basis. 3.1 Establish a sustainable A cadre of 10-15 key citywide OST coordinating providers and community entity partners will meet at least quarterly to identify and address OST needs in Fort Worth, during the grant period and beyond. An identified user group of children, parents, educators and community members will meet annually to help inform decision makers about impact. A 501(c)(3) organization will be created or an existing one will be named as the coordinating entity for the Fort Worth OST system; this organization will include a coordinating board to provide oversight and community input. Personal Services Contract — Katherine Livingston 14 of 22 Required Reports, Deliverables to Wallace Work products and specific due dotes Due October 15, 2012: Annual progress report (for work completed March 15 — September 15, 2012), including critical analysis of performance against plan for each Building Block using Appendix C, Grantee Reporting Form; financial summary of expenditures; and, Action Plan for Year 2 (beginning March 15, 2013) with a detailed budget (including updated goal attainment indicators as needed). This report should include any work products such as memoranda of understanding, data -sharing agreements, work plans, program quality standards and assessments developed, and other tools that have been generated through the Next Generation After School System Building Initiative. Please also include with this report verification that you are a government instrumentality. Due October 15, 2013: Annual progress report (for work completed September 16, 2012 — September 15, 2013), including critical analysis of performance against plan for each Building Block using Appendix C, Grantee Reporting Form; financial summary of expenditures; and, Action Plan for Year 3 (beginning March 15, 2014) with a detailed budget (including updated goal attainment indicators as needed). This report should include any work products such as memoranda of understanding, data -sharing agreements, work plans, program quality standards and assessments developed, and other tools that have been generated through the Next Generation After School System Building Initiative. Please also include with this report verification that you are a government instrumentality. Due October 15, 2014: Annual progress report (for work completed September 16, 2013 — September 15, 2014), including critical analysis of performance against plan for each Building Block using Appendix C, Grantee Reporting Form; and, financial summary of expenditures. This report should include any work products such as memoranda of understanding, data -sharing agreements, work plans, program quality standards and assessments developed, and other tools that have been generated through the Next Generation After School System Building Initiative. Please also include with this report verification that you are a government instrumentality. Due April 15, 2015: Final progress report (for work completed September 16, 2014 — March 15, 2015, the last six months of the project -related activities), including a critical analysis of performance against plan for each Building Block using Appendix C. Grantee Reporting Form; and, final financial summary of expenditures related to the project -related expenses. This report should include any work products such as memoranda of understanding, data -sharing agreements, work plans, program quality standards and assessments developed, and other tools that have been generated through the Next Generation After School System Building Initiative. Due April 15, 2016: Narrative reflection on participation in the Initiative in a format to be determined six -months prior to due date. Final financial summary of expenditures from March 16, 2015 — March 15. 2016. Personal Services Contract — Katherine Livingston 15 of 22 APPENDIX C THE WALLACE FOUNDATION NEXT GENERATION AFTER SCHOOL SYSTEM BUILDING INITIATIVE GRANTEE PROGRESS REPORT GUIDELINE To provide cm opportunity to reflect on the funded Project, its accomplishments. challenges. progress. and lessons learned Wallace requires periodic narrative and financial reports on the progress of the work supported by this grant. The due dates of such reports, and the substance of such reports, are detailed in Appendix A of your grant agreement. Wallace highly values and seeks your critical analysis of the progress made compared to your goals (a plan vs. performance analysis); your reflections about what worked, what did not, and why; and explanation of revisions to your next year's plan. The insights and data provided may be used as source material for future knowledge products; you will be consulted in the event that we would like to share information provided in your report for research purposes. Please, refer to Appendix A of your grant agreement, and focus answers on evidence related to the agreed anon Program Goals and Attainment Indicators. Organization Name: CITY OF FORT WORTH, PARKS AND COMMUNITY SERVICES DEPARTMENT Request ID #: 20120016 Period covered by report: Report Deadline: Preferred Report Length: up to 15 pages, single-spaced I. Plan vs. Performance Restate each goal in Appendix A of your grant agreement below, organized by Building Blocks. For each goal please list the Key Activities (the Action Steps from Appendix A of the grant agreement or any subsequent amendments) and assess yow• progress toward the results, using the agreed upon measures listed in Appendix A of your work plan or any subsequent amendments. If any of the proposed activities and results that relate to the goals varied from what was outlined in Appendix A please explain variation and any lessons learned from the implementation (in the Assessment & Identification of Changes column). Add additional rows, for goals and additional matrices as needed .f rr each Building Block listed in Appendix A. Building Block: GOAL l: Key Activities Progress Toward Results Assessment & Identification of Changes in Strategy Needed Personal Services Contract — Katherine Livingston 16 of 22 GOAL 2: GOAL 3: Overall summary of progress and challenges: 11, Common Measures that All Cities are Reporting Against Please respond to the following three sets of questions (half a page for each question): I , What progress have you made toward being able to report site -level youth participation by program session and grade, as measured by average daily attendance? If you have a data system in place at this time, how many programs are currently entering data into the system? What was your average daily attendance for the last reporting period of your programming? 2. What progress have you made toward establishing common program quality standards for the providers in your city? What percentage of providers has agreed to adopt the standards? What progress have you made toward developing and implementing an assessment tool used by the providers in your system? What percentage of providers undertook program quality assessment in this reporting period? How many providers have been trained on program quality? If you are working on staff credentialing, how many providers currently have an OSTcredential? 3, What progress have you made toward building the capacity of your providers to use your city's MIS and program quality data to improve programming? Please provide examples dhow Personal Se 17 of 22 data has been used to support programming and/or policy (for example, using data to build public support for afterschool, to advocate for funding, to expand program slots). III. Overall Reflections (half page) Reflecting on the activities and results described above, what have been your City's most important successes in this reporting period? What are your greatest concerns about the work moving forward? IV. Leadership Changes (half page if needed) Were there any major changes in leadership positions that affect this grant/contract'? If so, what is your assessment of the likely effect of those changes on the funded work? V. Continuous Improvement (one page) In your opinion could anything have been done differently during the grant period that would have led to better results, as well as communication and partnership? • By you: • By the lead Wallace staff on this grant: • By the foundation: • By NLC, the Technical Assistance Coordinator: VI. Technical Assistance and the Learning Network (half page) Please critique your experience with the technical assistance provided during this reporting period. • What has been most beneficial aspect of the TA to your work so far? • Looking ahead, what technical assistance do you anticipate needing to carry out your next year of work? VII. Publications, Communications, and Media • Please provide any notable press clippings, major publications, or other tools (including web sites) that have been developed or released in this reporting period. This includes strategic plans, evaluation reports, program quality standards, memorandum of understanding, etc. • Please provide the following information about key public events in which your organization's work was highlighted and/or your leadership presented: Tide, location, date, venue and size of audience for events VIII. Financial Assessment (half page) Was the grant money spent as anticipated in the budget attached as Appendix B to the grant agreement or any subsequent amendments? Please, include an expenditure report that compares proiected to actual, expenses. if there is a balance left to be spent please propose and explain how and when the grant will be spent in full. IX. Attachments • Please provide documentation that you are a government instrumentality. Personal Services Contract — Katherine Livingston 18of22 • Please provide a Year 2 action plan. • Please provide an updated project budget and overall system budget using the forms provided. • Please provide a Year 2 budget narrative and match documentation using the forms provided. Submitted By: Executive Director Date Board Chair Date Personal Services Contract — Katherine Livingston 19 of 22 Exhibit B Scope of Work, The Wallace Grant, Phase 2 Revisions including additions or deletions may be made to Scope of Work by mutual written consent; however, not to exceed the amount authorized in Section 2.1 reparecl July ,j, tD'.:i ADMINISTRATIVE SERVICES Coordination services with city departments and consultants Coordinate with Sheri Endsley, the Wallace Grant's Project Director, via phone or email Coordination services with PACS part time staff, 10 hours per month x 2 months Provide facilitation services for 9 meetings by preparing for, creating agendas, conducting meeting, and preparing action item lists for Management Team Meetings or other staff meetings Serve on interview panels for new employees Provide information and train the new staff about the initiatives and databases, Constant Contact, etc. Provide support for meetings/conference calls with The Wallace Foundation, technical assistance Team, and funder visits Monthly preparation for and participation in 8 Wallace "check in" monthly conference calls Participation in 12 NLC and technical assistance teams conference calls/office hours, webinars, etc. Attend Wallace out-of-town cross -site meetings; expenses paid by PACS For meetings with funders, prepare agenda, create handouts, attend meeting, follow up, if needed Provide information and coordinate with other consultants Provide information to Nancy Marchant about SPARC and grant needs Provide information to Murray Branding Provide information to the Balcom Agency - 2 page Provide information to Crawford (pro bono work) Provide information to Cindy Johnson Create draft scope of work, and provide information to consultant TBD inventorying other full and partial service providers Provide information to Market Research consultant Output Measure Total amount for 7 months Work completed Facilitation Participation Training delivered Facilitation Participation Participation Meetings held Data provided Data provided Data provided Data provided Data provided Data provided Total $2,800 $1,000 $1,350 $1,000 $1,500 $ 7,650 $1,400 $900 $1,200 $500 $4,000 $1,000 $300 $400 $300 $300 $400 Data provided $800 Personal Services Contract — Katherine Livingston 20 of 22 Provide information for new website design and implementation Prepare Year 2 Progress Report to Wallace and the budget for Year 3 RELIABLE DATA Create an Access database -with geo-coded locations that can link to GIS system Create Access tables for contact information for community leaders, Wallace contacts, and individuals involved in afterschool 2012 afterschool and summer participation data: Analyze and prepare handout 2013 Afterschool: Collect data, prepare list and analyze participation data collected by location from large providers for school year 2013 2013 Summer, Prepare list and analyze from participation data collected by summer programs 2013 Create Access database tables of 2013 information about participation in districts, zip codes or other useful areas Collect data and update Access with 2014 providers and locations Coordinate creation of a 2013 map of locations with city GIS staff Compile sample data sharing documents for use as a basis for MOUs between school districts and providers; create a model draft MOU Prepare for and attend meetings with personnel from two school districts to discuss afterschool programing, participation data and data collection Convene meeting of Police Department and FWISD to replicate Grand Rapids Study COORDINATING ENTITY Plan and execute Leadership Team/Advisory Group, Governance Committee and subcommittees meetings -8 sessions Schedule and attend meetings, program site visits, conference calls, coordinate with Mayor's office, Chair, PACS, Wallace and technical assistance Draft agenda and working agenda, conduct research, create documents for meetings and coordinate with presenters or facilitators Coordination when out-of-town facilitators are here Data provided Report Submitted Access database created List prepared, Tables Access Handout prepared List prepared, analyzed List prepared, analyzed Tables and queries created Data Entered Map created Samples collected Meetings held, minutes Meeting held Meetings held Documents & Presentations coordinated Pa rticipation $1,000 $4,000 $8,500 $20,150 $700 $1,500 $1,500 $2,500 $1,000 $850 $200 $500 $400 $400 $200 $9,750 $6,000 $6,000 $750 $12,750 Personal Services Contract — Katherine Livingston 21 of 22 COMMITMENT TO QUALITY Develop standards and indicators for quality programs in collaboration with area providers Collect research about standards/assessment, create library of research Provide administrative support for Quality Task Team meetings and subcommittee meetings Schedule meetings, coordinate with PACS, create the agenda and work agenda Coordinate room arrangements and refreshments Coordinate printing of meeting materials with PACS Creating minutes and following up on assigned tasks to be done Submit refreshment costs for reimbursement Send email notices and reminders to team members Create and prepare handouts for meetings Represent SPARC to TXPost; sit on committee for state standards, trips to Austin (costs to be reimbursed), conference calls with committee $1,250 Meetings held $2,800 Materials distributed Participation SUBTOTAL $1,400 $1,000 $6,450 $49,100 REIMBURSABLE EXPENSES Mileage to and from meetings at $.55/mile List of trips TOTAL $880 $880 $49,980 Personal Services Contract — Katherine Livingston 22 of 22