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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 Charles W. Daniels, its duly authorized Assistant City Manager, and FORT
WORTH INDEPENDENT SCHOOL DISTRICT,hereinafter referred to as ("Contractor")
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 2015 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
middle and elementary schools during after-school hours of 3:00 PM to 6:00 PM are of prime
importance; and
WHEREAS, City and the Contractor agree that the activities of elementary and
middle school children during these critical hours are of paramount importance to both
government entities; and
WHEREAS, Contractor proposes to continue an After School Program ("FWISD
After School Program") in conjunction with City.
NOW, THEREFORE,in consideration of the mutual covenants herein expressed,
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® CONTRACT DOCUMENTS
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The Contract documents shall include the following:
OFFICIAL RECORD
1. This Agreement for the FWISD After School Program F,
2. Exhibit A—Scope of Work
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3. Exhibit B—Budget
4. Exhibit C—Request for Reimbursement
5. Exhibit D—Program Activities Report
6. Exhibit E—Program Effectiveness Measurement Report
7. Exhibit F—Request for Budget Modification
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 2014, 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 Learning 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*
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11. At-large Community Member
12. At-large Community Member
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;
I. 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 be 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 high school,
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. The City Council of Fort Worth and the Fort Worth Independent School District
Board of Trustees shall meet annually to review the After-School Program.
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2. ADMINISTRATION AND RECORDS/REPORTS
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, middle and high-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
B.
7. Approve the After-School 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 appropriate 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.
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12. Ensure the safety of students After-School.
13. Provide internal and external evaluation services.
14. Select a third-party After-School Program Service Provider. FWISD 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:
1. Annually District shall submit
a. A list of participating schools. The list shall
include a contact name for each campus, a telephone number, and e-mail
address.
b. Current school year calendar
c. Discipline Policy
d. Staff Training Schedule
e. Student Enrollment Procedure
f. Student Recruitment Procedure
g. Lesson plans,to include planned annual/monthly schedule of activities
2. 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.
B. Records to be maintained on site:
1. Participant registration
2. Parental consent forms
3. Written Safety Policy and Procedures
4. Disciplinary actions
5. Staff training records
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C. Reports that provide a method of evaluation for improvements in
Academics, Social Skills,and Recreational Activities.
1. Pre-program
2. Mid-year
3. Post program
4. Responsibilities of Contractor. Contractor covenants and agrees to fully perforin, 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. Contractor shall be responsible for day-to-day administration of
the FWISD After School Program. Contractor 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. ProlZram Funds.
5.1 In no event shall the total distribution of Program Funds from City made to the
Contractor during the term of this Agreement exceed the total sum of$1,300,000.00.
5.2 Payment of the Program Funds from City to Contractor shall be made on a cost-
reimbursement basis following receipt by City from Contractor of a signed Request for
Reimbursement (RFR), as described in Exhibit "C," and copies of all receipts and support
documentation. Contractor shall deliver to City a written detailed Program Activities Report
and Program Effectiveness Measurement Report as described in Section 4.2 below with each
RFR to support expenditure of Program Funds. Such reports shall be signed by the
Contractor or duly authorized officer of the Contractor. The RFR and monthly Program
Activities Report shall be submitted to City no later than the 15th day following the end of the
month. Submittal of a monthly RFR and Program Activities Report is required even if
services are not provided.
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: JACOB BROWNING, 350 W. Belknap St., Fort Worth, Texas, 76102.
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 4.2 and
must be approved prior to reimbursements. Reimbursements shall be made within 30 days
receipt of said documents.
5.3 Contractor 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, Contractor 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
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adjustment being made which shall be described in Exhibit "F." If the City gives written
approval of the Contractor'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, 350 W. Belknap
Street, Fort Worth, Texas, 76102.
6. Term. This Agreement shall commence upon October 1, 2014 and shall end on
September 30, 2015. All of Contractor's expenditures under this Agreement must be
completed no later than September 30, 2015.
7. Program Performance.
7.1 Contractor agrees to maintain full documentation supporting the performance of
the work and fulfillment of the objectives set forth in Exhibit"A."
7.2 Contractor agrees to provide a monthly Program Activities Report and quarterly
Program Effectiveness Measurement Report to document the performance of the work
described in Exhibit "D" and Exhibit `B," respectively. The Program Activities and
Effectiveness Measurements shall document the program activity names, numbers of
participants attending, details of the activities, and a description of the goals achieved in
support of the CCPD goals. Program Effectiveness Measurement shall be reported on a
quarterly basis and included in the January, April, July, and October RFR and Program
Activities Report submittals. Additionally, the Program Effectiveness Measurement Report
must include any successes realized in descriptive detail. The monthly Program Activities
and quarterly Program Effectiveness Measurement Reports shall be submitted to City no later
than the 15th day after the end of each month.
7.3 Contractor 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 15u' day after the end of each month. Should Contractor
not meet these requirements, Contractor will be given an additional 15 days to submit the
required reports to City. If, at the end of this 15-day extension period, Contractor has not
submitted the required reports, City will send a non-compliance letter notifying Contractor's
duly authorized representative of a possible suspension of program funding.
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 Contractor hereunder shall be exclusively
from monies received from the CCPD, and not from any other monies of City. In the event
that funds from the CCPD are not timely received, in whole or in part, City may, at its sole
discretion, terminate this Agreement and City shall not be liable for payment for any work or
services performed by Contractor under or in connection with this Agreement.
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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 Contractor
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 Contractor a notice of termination,
specifying the portion of the Agreement affected and the effective date of termination. Upon
Contractor's receipt of notice of termination, Contractor shall:
(a) Stop work under the Agreement on the date and to the extent specified in the notice of
termination;
(b) Place no further order or subcontracts, except as may be necessary for completion of the
work not terminated;
(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 Contractor's sole remedy
shall be reinstatement of this Agreement. Contractor expressly waives any and all rights to
monetary damages, including but not limited to actual, consequential, and punitive damages,
court costs, and attorney's fees.
8.5 Within thirty (30) days following the date of termination of this Agreement,
Contractor shall return to City any property provided hereunder. City will have no
responsibility or liability for Contractor's expenditures or actions occurring after the effective
date of termination of the Agreement.
9. Equipment and Maintenance. All equipment purchased with Program Funds must
meet all eligibility requirements of City. Contractor shall maintain all equipment used in the
administration and execution of the FWISD After School Program. Contractor 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 Contractor. Contractor shall not use Program Funds
or City funds to repair or replace said equipment. Contractor shall use any and all equipment
purchased with Program Funds exclusively in support of the 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 2.2 above. The
equipment inventory shall include an itemized description of each piece of equipment, the
date each piece of equipment was purchased, the cost of purchase for each piece of
equipment, and the location of each piece of equipment.
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10. Administrative Requirements.
10.1 Contractor agrees to keep sufficient records to document its adherence to
applicable local, state, and federal regulations, along with documentation and records of all
receipts and expenditures of Program Funds. All records shall be retained for three (3) years
following the termination or completion of this Agreement. City or its representatives shall
have the right to investigate, examine, and audit at any time any and all such records relating
to operations of Contractor under this Agreement. Contractor, its officers, members, agents,
employees, and subcontractors, upon demand by City, shall make such records readily
available for investigation, examination, and audit. In the event of such audit by City, a
single audit of all Contractors' operations will be undertaken and may be conducted either by
City or an independent auditor of City's choice. Contractor shall submit a copy of any audit
performed by their independent auditor within 30 days of receipt of the final audit report.
10.2 If any audit reveals a questioned practice or expenditure, such questions must be
resolved within fifteen (15) days after notice to Contractor by City. If questions are not
resolved within this period, City reserves the right to withhold further funding under this
and/or future contract(s) with Contractor.
10.3 If, as a result of any audit, it is determined that Contractor misused, misapplied, or
misappropriated all or any part of the Program Funds, Contractor agrees to reimburse City
the amount of such monies so misused, misapplied, or misappropriated, plus the amount of
any sanction, penalty, or other charge levied against City because of such misuse,
misapplication, or misappropriation.
10.4 Contractor's obligation to City shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but are not limited to:
providing final Program Activities Report and Program Effectiveness Measurement Reports,
making final payments, disposing of FWISD After School Program assets as, if deemed
required by City in its sole discretion.
10.5 Contractor covenants and agrees to fully cooperate with City in monitoring the
effectiveness of the services and work to be performed by Contractor under this Agreement,
and City shall have access at all reasonable hours to offices and records of the Contractor, its
officers, members, agents, employees, and subcontractors for the purpose of such monitoring.
11. Independent Contractor.
11.1 Contractor shall operate hereunder as an independent contractor and not as an
officer, agent, or servant or employee of City. Contractor shall have exclusive control of,
and the exclusive right to control, the details of the work and services performed hereunder,
and allpersons performing same, and shall be solely responsible for the acts and omissions of
its officers, members, agents, servants, employees, subcontractors, program participants,
licensees, or invitees. The doctrine of respondeat superior shall not apply as between City
and Contractor, its officers, members, agents, servants, employees, subcontractors, program
participants, licensees, or invitees, and nothing herein shall be construed as creating a
partnership or joint enterprise between City and Contractor. It is expressly understood and
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agreed that no officer, member, agent, employee, subcontractor, licensee, or invitee of the
Contractor, 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
Contractor, 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 Contractor, 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 CONTRACTOR SHALL BE LIABLE AND
RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE,
AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS,
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 CONTRACTOR, ITS
OFFICERS,AGENTS,SERVANTS, OR EMPLOYEES.
CONTRACTOR AGREES TO DEFEND, INDEMNIFY, AND HOLD THE CITY, ITS
OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES HARMLESS AGAINST ANY
AND ALL CLAIMS, LAWSUITS,ACTIONS, COSTS,AND EXPENSES OF ANY KIND,
INCL UDING, B UT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS
(INCL UDING ALLEGED DAMAGE OR LOSS TO OWNER'S B USINESS AND ANY
RESULTING LOST PROFITS) AND/OR PERSONAL INJURY(INCLUDING DEATH)
THAT MAY RELATE TO, ARISE OUT OF, OR BE OCCASIONED BY (I)
CONSULTANT'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS
AGREEMENT OR (II) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL
MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, ASSOCIATES,
EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY), OR SUBCONTRACTORS
RELATED TO THE PERFORMANCE OF THIS AGREEMENT; EXCEPT THAT THE
INDEMNITY PROVIDED FOR IN THIS SECTION SHALL NOT APPLY TO ANY
LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS
OFFICERS,AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS, AND IN THE
EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH CONSULTANT
AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED
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. CONTRACTOR DOES NOT WAIVE ANY IMMUNITYAS PROVIDED BY
LAW.
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Contractor shall require all of its subcontractors to include in their subcontracts a release and
indemnity in favor of City in substantially the same form as above. This section shall survive
the expiration or termination of this Agreement.
13. Non-AssiLnment. No assignment or delegation of duties under this Agreement by
Contractor shall be effective without City's prior written approval.
14. Prohibition Asainst 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. Contractor 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 Contractor shall have a
financial interest, direct or indirect, in this Agreement or the monies transferred hereunder, or
be financially interested, directly or indirectly, in the sale to Contractor of any land,
materials, supplies, or services purchased with any funds transferred hereunder, except on
behalf of Contractor, as an officer, employee, member, or program participant. Any willful
violation of this paragraph with the knowledge, expressed or implied, of Contractor or its
subcontractors, shall render this Agreement voidable by City of Fort Worth.
15. Nondiscrimination.
15.1 In accordance with the federal, state, and local laws and ordinances, Contractor
covenants that neither it nor any of its officers, members, agents, employees, program
participants, or subcontractors, while engaged in performing this Agreement shall in
connection with the employment, advancement, or discharge of employees, in connection
with the terms, conditions or privileges of their employment, discriminate against persons
because of their age, except on the basis of a bona fide occupational qualification, retirement
plan, statutory requirement, or statutory or ordinance exception.
15.2 Contractor will not unlawfully discriminate against any person or persons because
of age, race, color, religion, sex, disability, national origin, or sexual orientation, nor will
Contractor permit its officers, members, agents, employees, subcontractors, or program
participants to engage in such discrimination.
16. Compliance.
16.1 Contractor, its officers, members, agents, employees, program participants, and
subcontractors, shall abide by and comply with all laws, federal, state, and local, including all
ordinances, rules, and regulations of City. If City calls to the attention of Contractor any
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such violation on the part of Contractor or any of its officers, members, agents, employees,
subcontractors, or program participants, then Contractor shall immediately desist from and
correct such violation.
16.2 Contractor shall utilize Program Funds strictly for those purposes and goals
intended under the terms and conditions of this Agreement. If City calls the attention of
Contractor to any such violations on the part of Contractor or any of its officers, members,
agents, employees, program participants, or subcontractors, then Contractor shall
immediately desist from and correct such violation.
17. Waiver of Immunity. If Contractor is a charitable or nonprofit organization and has or
claims an immunity or exemption (statutory or otherwise) from and against liability for
damages or injury, including death, to persons or property, Contractor hereby expressly
waives its rights to plead defensively such immunity or exemption as against City. This
section shall not be construed to affect a governmental entity's immunities under
constitutional, statutory, or common law.
18. Insurance Requirement.
18.1 Contractor shall procure and shall maintain during the term of this Agreement the
following insurance coverage:
(a) Commercial General Liability. (CGL): $1,000,000 per occurrence, with a$2,000,000.00
annual aggregate limit, in a form that is acceptable to the City's Risk Manager.
(b) Non-Profit Organization Liability or Directors & Officers Liability: $1,000,000 per
occurrence, with a $1,000,000 annual aggregate limit, in a form that is acceptable to the
City's Risk Manager.
(c) Automobile Liability: $1,000,000 each accident on a combined single limit basis OR
split limits are acceptable if limits are at least $250,000 Bodily Injury per person,
$500,000 Bodily Injury per accident and $100,000 Property Damage.
18.2 Contractor's insurer(s) must be authorized to do business in the State of Texas for
the lines of insurance coverage provided and be currently rated in terms of financial strength
and solvency to the satisfaction of the City's Risk Manager.
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 Contractor further agrees that it shall comply with the Worker's Compensation
Act of Texas and shall provide sufficient compensation insurance to protect Contractor and
City from and against any and all Worker's Compensation claims arising from the work and
services provided under this Agreement.
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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 tern 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 lie in Tarrant County, Texas.
19.4 Contractor represents that it possesses the legal authority, pursuant to any proper,
appropriate, and official motion, resolution, or action passed or taken, to enter into this
Agreement and to perform the responsibilities herein required.
19.5 This written instrument and the exhibits attached hereto, which are incorporated by
reference and made a part of this Agreement for all purposes, 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: Charles W. Daniels, Assistant City Manager
City Manager's Office
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
Copies To: Jacob Browning, Planner
Fort Worth Police Department
350 W. Belknap Street
Fort Worth, TX 76102
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CONTRACTOR: 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 be used, directly or indirectly, for the
construction, operations, maintenance, or administration of any sectarian or religious facility
or activity, nor shall said performance rendered or funds received be utilized so as to benefit,
directly or indirectly, any such sectarian or religious facility or activity.
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 Contractor and are not intended to create any rights, contractual or otherwise, to any
other person or entity.
IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples
in Fort Worth, Tarrant County, Texas, to be effective this. -day of ,
20 /!'
CITY OF FORT WORTH FOI&T WORTH INDEPENDENT
S OLDIS CT
Alis W. Daniels Patricia A. Linares
Assistant City Manager Interim Superintendent
AoLutm-� Date: W
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Chief of Police
APPROVED AS TO FORM
AND LEGALITY:
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Kelly Madrid SD Attorney
Assistant ity ttorney
Date: 2s � , Date: I �
ATTEST:
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City Secretary 0000 S cretary,Board of Education
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FTY SECRETARY
FY 2015 Interlocal Agreement FWISD hool Pro
CFW&FWISD pr. 'W Page 14 of 24
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 E.
FY 2015 Interlocal Agreement FWISD After School Program Page 15 of 24
CFW&FWISD
EXHIBIT B
BUDGET NARRATIVE FY 2015
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 2015 fiscal year. Reimbursable expenses include compensation for
personnel, supplies, field trips, parent events, contracted fine arts and enrichment
providers and administrative expenses.
BUDGET - SY 2014-2015 ALLOCATION/JOB DESCRIPTIONS &
COMPENSATION RATES
❑ The following parameters will be used to develop the FY14-15 budgets for each school
and job titles and descriptions (a sample budget has been included for reference):
Program dates— September 2, 2014—May 21, 2015 (128 Days/Program Re-start on Jan.
5, 2015)
50 Students
4 days a week(minimum)
School dismissal—6:00 pm
Ratios - 15:1 Elementary School, 20:1 Middle School
Sixteen hours of Training with FWAS Staff for each employee
Program Costs Percent of Budget*
Personnel May not be less than 70% and may not
exceed 75%
Fine Arts/ Supplies/Field Trips 15% -20%
Administrative Costs Shall not exceed 10%
Certified Teachers 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:
Job Title FW After School Program Coordinator
FY 2015 Interlocal Agreement FWISD After School Program Page 16 of 24
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 or older
Job Description
FY 2015 Interlocal Agreement FWISD After School Program Page 17 of 24
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 2015 Interlocal Agreement FWISD After School Program Page 18 of 24
EXHIBIT B-BUDGET SUMMARY
Contract TOTAL'
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 Personnel $975,000
Contract Labor(City needs copy of contract
before expenses can be reimbursed) $78,000
Craft Supplies $78,000
Field Trip Admission Expenses $9,000
Other Field Trip Expenses $30,000
Food Supplies
Teaching Aids
Travel
Contract Labor Indirect Costs $130,000
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
TOTAL BUDGET
FY 2015 Interlocal Agreement FWISD After School Program Page 19 of 24
EXHIBIT B-BUDGET DETAIL
Contractor 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.
SALARY DETAIL
Position Name Rate Annual Hours Percent to Grant Amount to Grant
Director of Teen
Services
FRINGE DETAIL
Percent of Payroll Amount Percent to Grant Amount to Grant
FICA
Life Insurance
Health Insurance
Unemployment
Worker's Compensation
Retirement
SUPPLIES AND SERVICES
Total Budget Percent to Grant Amount to Grant
Contract Services $1,300,000 100% $1,300,000
Office Supplies
Office Equipment
Rental/Purchase
Postage
Printing
MISCELLANEOUS
Total Budget Percent to Grant Amount to Grant
Contract Labor
Craft Supplies
Field Trip Admission
Expenses
Other Field Trip Expenses
Food Supplies
Teaching Aids
Travel
FACILITY AND UTILITIES
Total Budget Percent to Grant Amount to Grant
Telephone
Electric
Gas
Water and Wastewater
Solid Waste Disposal
Rent
FY 2015 Interlocal Agreement FWISD After School Program Page 20 of 24
Custodial Services
Repairs
Cleaning Supplies
DIRECT ASSISTANCE
Total Budget Percent to Grant Amount to Grant
Childcare Scholarships
INDIRECT COSTS—ADMINISTRATIVE
Total Budget Percent to Grant Amount to Grant
Salaries
FICA
Life Insurance
Health Insurance
Unemployment
Worker's Compensation
Retirement
INDIRECT COSTS—LEGAL,FINANCIAL,AND INSURANCE
Total Budget Percent to Grant Amount to Grant
Fidelity Bond or Equivalent
Directors and Officers
General Commercial Liability
Contract Accounting
FY 2015 Interlocal Agreement FWISD After School Program Page 21 of 24
Exhibit C
Monthly Request for Reimbursement (RFR)
FY 2015 FWISD After School Program
Program Period 10/1/14 to 09/30/15
Submit to: Fort Worth Police Department Submitting Agency: Fort Worth ISD
Attn:James Rodriguez Agency Contact Name: Miguel Garcia,Jr.
Program Support Division Phone Number: 817.871.3192
350 West Belknap Street Email: miguel.garcia24 at7,fwisd.org
Fort Worth,TX 76102 Remit Address: 2901 Shotts Street
Fort Worth,TX 76107
Invoice Number:
Period covered by this request: to
mm/dd/yy mm/dd/yy
A B C D E
Total of Previous (B+C) (A-D)
Reimbursements This Total Balance
Budget Category Budget Amount Requested Request Requested Available
1 Administration $ - $ - $ - $
2 Program Personnel $ - $ - $ - $ - $ -
3 Supplies&Services $ 1,300,000.00 $ - $ - $ - $ 1,300,000,00
4 Miscellaneous $ - $ - $ - $ - $ -
5 Facility and Utilities $ - $ - $ - $ - $ -
Legal, Financial, and
6 Insurance $ - $ - $ - $ - $ -
7 Direct Assistance $ - $ - $ - $ - $ -
8 Indirect Costs $ - $ - $ - $ - $ -
Total Costs $ 1,300,000:00 $ - $ - $ - $ 1,300,000.00
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
Summary:
Total Budget: $ 1,300,000.00
Previous Requests: $
This Request: $ -
I have reviewed this request and certify that the listed Total Spent: $ -
expenses and support documentation are accurate. Balance left in grant: $ 1,300,000.00
Fiscal Agent Use Only
Grantee Authorized Official Date Fund Account Center'
Title
FY 2015 Interlocal Agreement FWISD After School Program Page 22 of 24
Exhibit D
FY15 Program Activities Report
Program Period 10/01/14 to 09/30/15
Submit to: Fort Worth Police Department Agency: Fort Worth ISD
Jacob Browning Contact Name: Miguel Garcia,Jr.
350 West Belknap Street Email: miquel.garcia24 fwisd.org
2nd Floor Phone Number: 817.871.3192
Fort Worth,TX 76102 Address: 2901 Shotts Sheet
Fort Worth,TX 76107
Period covered: 10/01/14 to 09/30/15
Cumulative Total
# Activities Monthly Total Oct 1st-Present Year End Goal
1 Number of unduplicated participants 2,800
2 Number of regular(30 days or more)particiants 1,120
3 Number of Homework Assistance/Tutoring hours provided to students 5,600
4 Number of school office referrals for regular participants(ES,MS) 70
5 Number of CFWPD referrals/citations for regular participants(ES,MS) 34
6 Number of College Dream Plans created by regular students
500
7 Number of Parent Activities held throughout FWAS 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 Official Signature Date
Title
FY 2015 Interlocal Agreement FWISD After School Program Page 23 of 24
Exhibit E
FY15 Program Effectiveness Measurement Report
Program Period 10/01/14 to 09/30/15
Due Quarterly: 1st Qtr(Oct-Dec)due Jan 15th,2nd Qtr(Jan-Mar)due Apr 15th,3rd Qtr(Apr-Jun)due
Jul 15th,and 4th Qtr(Jul-Sep)due Oct 15th
Submit to: Fort Worth Police Department Agency: Fort Worth ISD
Jacob Browning Contact Name: Miguel Garcia,Jr.
350 West Belknap Street Email: miguel.garcia24(ofwisd.org
2nd Floor Phone Number: 817.871.3192
Fort Worth,TX 76102 Address: 2901 Shotts Street
Fort Worth,TX 76107
Period covered: 10/01/14 to 09/30/15
# Effectiveness Measurements
j Regular FWAS participants will attend school more often. They will attend school 95%(ES)and 90%(MS)or more of possible school
days.
Please include a narrative of events and accomplishment that occurred during the reporting period.
2 75%of regular FWAS participants will increase their course GPA by 2%.
Please include a narrative of events and accomplishment that occurred during the reporting period.
3 Regular particiants will receive fewer student office referrals than their counterparts. Target number for regular participants is 20(ES)
and 25(MS).
Please include a narrative of events and accomplishment that occurred during the reporting period.
4 Regular participants will receive fewer PD referrals than their counterparts. Target numbers are 10(ES)and 12(MS).
Please include a narrative of events and accomplishment that occurred during the reporting period.
5 75%of parent repsondents will indicate FWAS fostered a positive and educational environment on Satisfaction Surveys.
Please include a narrative of events and accomplishment that occurred during the reporting period.
Please include a narrative of any success stories during the reporting period. Use additional pages if necessary.
I have reviewed this report and certify that the measures provided are accurate and
appropriately reflect the CCPD goals setforth in the contract.
Authorized Official Signature Date
Title
FY 2015 Interlocal Agreement FWISD After School Program Page 24 of 24
Official site of the City of Fort Worth,Texas
CITY CIL 'IU RTWOTfI-]
COUNCIL ACTION: Approved on 9/23/2014
DATE: 9/23/2014 REFERENCE C-27014 LOG NAME: 35FY15 AFTER SCHOOL
NO.: PROGRAM
CODE: C TYPE: NON- PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Execution of After-School Program Agreements with Fort Worth Independent
School District, Keller Independent School District, Crowley Independent School District
and White Settlement Independent School District in the Total Program Amount of
$1,600,000.00 for Fiscal Year 2015 (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of After-School Program Agreements
with Fort Worth Independent School District, Keller Independent School District, Crowley Independent
School District and White Settlement Independent School District in the total program amount of
$1,600,000.00 for Fiscal Year 2015 to operate After-School Programs at select locations within the City
of Fort Worth as a juvenile crime prevention initiative during Fiscal Year 2015.
DISCUSSION:
National research shows that the time when adolescents are most at risk of being a victim of crime or
committing a criminal act is between 3:00 p.m. and 6:00 p.m. on school days. Beginning in Fiscal Year
(FY) 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 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
programs. 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. Participating Independent School Districts (ISD) include Fort Worth ISD, Keller ISD, Crowley
ISD and White Settlement ISD, of which all After-School Programs are implemented in schools located
within the City of Fort Worth. Funding will be allocated as follows to each ISD in FY 2015 on a
reimbursement basis:
* Fort Worth ISD funding in the amount of$1,300,000.00;
* Keller ISD funding in the amount of$125,000.00;
* Crowley ISD funding in the amount of$125,000.00; and
* White Settlement ISD funding in the amount of$50,000.00.
Each ISD is responsible for day-to-day administration of the After-School Program. The mission of the
After-School Program is to provide a safe environment during the time that youth are at the highest risk
or exposure to crime, that results in educational, physical and social development, promotes educational
competence and reduces juvenile crime. Each ISD is required to establish program goals and
objectives that are measurable and result in desired program outcomes.
These Agreements will be effective October 1, 2014 through September 30, 2015.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds will be available in the Fiscal Year
2015 budget, as appropriated, from the Crime Control and Prevention District Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR79 539120 0359601 $1.600,000.00
Submitted for City Manager's Office by: Charles Daniels (6199)
Originating Department Head: Jeffrey W. Halstead (4231)
Additional Information Contact: Aya Ealy (4239)
ATTACHMENTS