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HomeMy WebLinkAboutContract 50698 MY SECRETARY' CONTRACT NO. S FACILITIES USE AND YOUTH PROGRAM PROVIDER AGREEMENT THIS FACILITIES USE AND YOUTH PROGRAM PROVIDER AGREEMENT ("Agreement")is made and entered into by and between the CITY OF FORT WORTH("City"),a home- rule municipal corporation of the State of Texas, acting by and through its duly authorized representative, and CHILD EVANGELISM FELLOWSHIP OF EAST TEXAS,INC.,a chapter of Child Evangelism Fellowship, an international interdenominational Christian nonprofit organization("Provider"). WHEREAS, City, through its Park and Recreation Department ("Park Department") and Neighborhood Services Department("NSD"),operates community centers; and WHEREAS,Provider wishes to provide a"Summer 5 Day Club"(privately-sponsored biblically- based character development program) (hereinafter, "Program") at locations convenient for parents of community children; and WHEREAS,Provider wishes to enter into an agreement with the City for use of space within the City's community centers to provide Provider's Summer 5 Day Club;and WHEREAS, the Summer 5 Day Club Program (as hereinafter defined) is developed independently by the Provider,contains the Provider's own viewpoint and constitutes free speech activity under the free speech guarantee of the First Amendment of the US Constitution(see:Good News Club v. Milford Cent. Sch.,533 U.S.98(U.S.June 11,2001). WHEREAS, the City makes available community center facilities space without regard to the religious viewpoint of youth program providers,on a first-come,first-serve basis,taking into account the space available at each community center, the space required and actually used by providers, and the number of participants participating in or likely to participate in each program. NOW, THEREFORE, in consideration of the covenants and agreements contained in this Agreement, City and Provider hereby agree as follows: SECTION 1 LOCATION,PROGRAM,AND SCHEDULE Provider may provide programs and activities (Program) on the dates, times and City locations (Center) set forth in Exhibit A, which is attached hereto and incorporated herein for all purposes. The dates, times and locations set forth in Exhibit A may be modified by mutual written agreement of the Parties. A description of the Program is set forth in Exhibit A. Provider shall ensure that each Program Participant's parent or legal guardian provides written permission prior to the Program Participant participating in the Program. Program Participants shall not be permitted to attend any Program until such time as Provider has obtained written permission. SECTION 2 USE OF THE CENTER 2.1 Provider may bring onto the Center any equipment r sonably necessary to er the Program; provided, however, Provider shall be solely and completel b0f0jaW&V4d& for such . equipment and any claims or damages related thereto,including,but no limited I ce,and S O G storage of the equipment. FT.WORTH,TX 99 Facilities Use and Youth Program Provider Agreement 1_of 18 Child Evangelism Fellowship of East Texas,Inc. 2.2 Provider may not use any part of the Center for any use or purpose that violates any applicable law,regulations,or ordinance of the United States,the State of Texas,the County of Tarrant,or the City of Fort Worth, or other lawful authority with jurisdiction of the Center. Provider accepts the Center, AS IS, WHERE IS, AND WITHOUT ANY WARRANTIES OF WHATEVER NATURE, EXPRESSED OR IMPLIED. SECTION 3 TERM OF AGREEMENT Unless terminated earlier pursuant to the terms herein,the term of this Agreement shall begin on July 28, 2017 and expire on September 30, 2018 ("Term"). This Agreement may be renewed for five additional one-year periods upon written agreement of the Parties. SECTION 4 FEES AND PAYMENT Provider shall pay to the City a fee in the amount of$35.00 per hour for use of the City's facilities during the initial Term of this Agreement. City shall invoice Provider and Provider shall pay the City the amount owed with ten(10)business days. City shall have the option to increase this fee for any renewal period. Provider's Program is made available at no charge to Program Participants. SECTION 5 DUTIES AND RESPONSIBILITIES 5.1 In addition to any other duties and responsibilities set forth in this Agreement, Provider shall: 5.1.1 Provider shall be liable and responsible for the supervision of all of its Program Participants until the Program Participants are picked up by an authorized guardian or City staff. 5.1.2 Create and maintain a written safety program that includes procedures and rules governing the Program, which shall be provided to the Park Director or NSD Director,as applicable,upon request. 5.1.3 Provider shall be responsible for all advertising, marketing and promotion of its Program. City shall have no duty or responsibility for advertising, marketing or promoting Provider's Program. 5.2 In addition to any other duties and responsibilities set forth in this Agreement,City shall: 5.2.1 Provide staff to lock and unlock the Center and arm and disarm any security system. 5.2.2 Ensure that a City employee is present in the Center at all times during the Program. SECTION 6 AGE REQUIREMENT BACKGROUND CHECKS AND PHOTO IDENTIFICATION 6.1 The safety and security of youth participating in activities at the City's community centers is of paramount importance to the City. Provider agrees and certifies to the City that prior to performing Facilities Use and Youth Program Provider Agreement 2 of 18 Child Evangelism Fellowship of East Texas,Inc. any Program under this Agreement, Provider, and anyone that will administer or teach any Program on behalf of or with the Provider,has within the last year passed a state and national background investigation meeting the standards adopted by the City for volunteers which is attached hereto as Exhibit B and incorporated herein for all purposes. Provider will send background check results obtained by Provider's public information vendor to City's Parks and Recreation Department Superintendent.Failure by Provider to ensure that each person teaching or administering a Program under this Agreement has submitted to and met the background check requirements contained in this section may result in the immediate termination of this Agreement. 6.2 Provider, and anyone that will attend in a supervisory capacity or teach any Program on behalf of or with the Provider,must be 18 years of age or older, except that an assistant instructor who is present with the Provider during the Program may be 16 years of age. 6.3 All persons who will administer or teach any Program on behalf of the Provider shall wear an identification badge containing the person's name and photograph while conducting the Program at City facilities. SECTION 7 CARE OF THE CENTER Provider shall maintain all the City's equipment in a safe,sanitary, sightly condition and in good repair during each Program.Provider shall restore and yield said Center,equipment,and all other properties belonging to the City back to City at the expiration of each Program in the same or better condition as existed at the beginning of each Program,normal wear and tear excepted. SECTION 8 FORCE MAJEURE If either party is unable,either in whole or part,to fulfill its obligations under this Agreement due to acts of God; strikes, lockouts,or other industrial disturbances; acts of public enemies;wars;blockades; insurrections;riots;epidemics;public health crisis;earthquakes;fires;floods;restraints or prohibitions by any court,board,department,commission or agency of the United States or of any state; declaration of a state of disaster or of emergency by the federal, state, county, or City government in accordance with applicable law; issuance of an Imminent Threat Alert or Elevated Threat Alert by the United States Department of Homeland Security or any equivalent alert system that may be instituted by any agency of the United States; any arrests and restraints;civil disturbances;or explosion;or some other reason beyond the Party's reasonable control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. If a Force Majeure Event occurs,the City may, in its sole discretion,close or postpone the opening of its community centers, parks,or other City-owned and operated properties and facilities in the interest of public safety and operate them as the City sees fit. Provider hereby waives any claims it may have against the City for damages resulting from any such Force Majeure Event. SECTION 9 LIABILITY AND INDEMNIFICATION 9.1 PROVIDER SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL DAMAGES,INCLUDING,BUT NOT LIMITED TO,PROPERTY LOSS,PROPERTY DAMAGE AND PERSONAL INJURY, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED,TO THE EXTENT CAUSED BY THE ACTS OR OMISSIONS OF PROVIDER,OR ITS DIRECTORS,OFFICERS,REPRESENTATIVES,AGENTS,SERVANTS,CONTRACTORS, EMPLOYEES, PATRONS, VOLUNTEERS, GUESTS, INVITEES, OR PROGRAM PARTICIPANTS. PROVIDER HEREBY EXPRESSLY RELEASES AND DISCHARGES CITY FROM ANY AND ALL LIABILITY FOR ANY DAMAGE, INCLUDING, BUT NOT LIMITED Facilities Use and Youth Program Provider Agreement 3 of 18 Child Evangelism Fellowship of East Texas,Inc. TO, PROPERTY DAMAGE AND LOSS AND PERSONAL INJURY ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE OCCUPANCY OR USE OF THE CENTER AND ANY AND ALL ACTIVITIES CONDUCTED THEREON SUSTAINED BY REASONS OF THE USE OF SAID CENTER UNDER THIS AGREEMENT. 9.2 INDEMNIFICATION — PROVIDER, AT ITS SOLE COST AND EXPENSE, AGREES TO AND DOES HEREBY DEFEND, INDEMNIFY, PROTECT, AND HOLD HARMLESS CITY AND CITY'S OFFICERS, REPRESENTATIVES, AGENTS EMPLOYEES, AND SERVANTS (COLLECTIVELY, "INDEMNITEES") FOR, FROM AND AGAINST ANY AND ALL CLAIMS,LIABILITIES,DAMAGES,LOSSES,LIENS,CAUSES OF ACTION,SUITS, JUDGMENTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OF ANY NATURE, HIND OR DESCRIPTION ARISING OR ALLEGED TO ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY (1) RELATING TO THE USE OR OCCUPANCY OF THE CENTER BY PROVIDER OR ANY OF ITS OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, PATRONS, VOLUNTEERS, GUESTS, PROGRAM PARTICIPANTS, OR INVITEES; (2) BY REASON OF ANY OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR ALLEGED TO BE OCCASIONED IN WHOLE OR IN PART BY ANY ACT OR OMISSION ON THE PART OF PROVIDER OR ANY OF ITS OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, PATRONS, VOLUNTEERS, GUESTS, PROGRAM PARTICIPANTS,OR INVITEES OR OF ANY OTHER PERSON ENTERING UPON THE CENTER WITH THE EXPRESS OR IMPLIED INVITATION OR PERMISSION OF PROVIDER; OR (3) BY ANY BREACH, VIOLATION OR NONPERFORMANCE OF ANY COVENANT OF PROVIDER UNDER THIS AGREEMENT (COLLECTIVELY, "LIABILITIES"). 9.3 If any action or proceeding shall be brought by or against the City in connection with any such liability or claim,Provider,on notice from City,shall defend such action or proceeding at Provider's expense,by or through attorneys reasonably satisfactory to City. 9.4 It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligations under this Section, such legal limitations are made a part of the indemnification obligation and shall operate to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations,and as so modified,the indemnification obligation shall continue in full force and effect. 9.5 Provider agrees to notify City promptly upon the receipt of any claim or lawsuit brought in connection with any injury, death, or damages on the Center. Provider agrees to make its officers, representatives, agents, and employees available to City, at all reasonable times, for any statements and case preparation necessary for the defense of any claims or litigation for which City may be responsible hereunder. SECTION 10 INSURANCE REQUIREMENTS Provider shall abide by the insurance requirements set forth in Exhibit C,which is attached hereto and incorporated herein for all purposes. SECTION 11 AUDIT Facilities Use and Youth Program Provider Agreement 4 of 18 Child Evangelism Fellowship of East Texas,Inc. Provider agrees that the City shall,during the time this Agreement is in effect,and three(3)years after the termination or expiration of this Agreement,have access to and the right to observe the operation of the Program, and that Provider will provide to City in a location in Tarrant County, Texas, directly pertinent books, documents, papers, and records of Provider involving transactions relating to this Agreement,upon request and reasonable advance notice. SECTION 12 TERMINATION 12.1 Termination for Convenience. This Agreement may be terminated without cause by either party upon written notice of such intent to terminate. 12.2 Fiscal Funding Out. Notwithstanding anything to the contrary, if, for any reason, at any time during the term of the Agreement, the Fort Worth City Council fails to appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the City may terminate the portion of the Agreement regarding such obligations to be effective on the later of(i)ninety(90)calendar days following delivery by the City to Agreement of written notice of the City's intention to terminate or(ii)the last date for which funding has been appropriated by the Fort Worth City Council for the purposes set forth in this Contract. 12.3 Other Remedies. Any termination of this Agreement as provided in this Agreement will not relieve Provider from paying any sum or sums due and payable to City under this Agreement that remains unpaid and due at the time of termination, or any claim for damages then or previously accruing against Provider under this Agreement. Any such termination will not prevent City from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from Provider for any default under the Agreement. All City's rights, options, and remedies under this Agreement will be construed to be cumulative,and not one of them is exclusive of the other. City may pursue any or all such remedies or any other remedy or relief provided by law,whether or not stated in this Agreement. No such termination shall relieve City from any obligation it may have to Provider hereunder and City may pursue any and all rights and remedies or relief provided by law,whether or not stated in this Agreement. SECTION 13 RIGHT OF ENTRY AND INSPECTION City does not relinquish the right to control the management of the Center, or the right to enforce all necessary and proper rules for the management and operation of the same. SECTION 14 LICENSES AND PERMITS Provider shall,at its sole expense,obtain and keep in effect all licenses and permits necessary for its operations. SECTION 15 NOTICES All notices required or permitted under this Agreement may be given to a party personally or by mail, addressed to such party at the address stated below or to such other address as one party may from time to time notify the other in writing. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: Facilities Use and Youth Program Provider Agreement 5 of 18 Child Evangelism Fellowship of East Texas,Inc. CITY: PROVIDER: City of Fort Worth Child Evangelism Fellowship Park and Recreation Director Greater Fort Worth Chapter 4200 South Freeway, Suite 2200 7001 Blvd. 26, Suite 203 Fort Worth,Texas 76115 North Richland Hills,TX 76180 With copy to: City of Fort Worth Attn:Assistant City Attorney, Assistant City Manager,and Neighborhood Services Director 200 Texas Street Fort Worth,Texas 76102 Or to such other address as such party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. SECTION 16 NONDISCRIMINATION Provider shall not engage in any unlawful discrimination based on race, creed, color, national origin, sex, age, religion, disability, marital status, citizenship status, sexual orientation or any other prohibited criteria in any employment decisions relating to this Agreement, and Provider represents and warrants that to the extent required by applicable laws,it is an equal opportunity employer and shall comply with all applicable laws and regulations in any employment decisions. SECTION 17 VENUE AND CHOICE OF LAW Provider and City agree that this Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement,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. SECTION 18 THIRD-PARTY RIGHTS AND ASSIGNMENTS 18.1 The provisions and conditions of this Agreement are solely for the benefit of the City and Provider, and any lawful assign or successor of Provider, and are not intended to create any rights, contractual or otherwise,to any other person or entity. 18.2 Provider agrees that it will not subcontract or assign all or any part of its rights,privileges or duties hereunder without the prior written consent of the City, and any attempted subcontract or assignment of same without such prior consent of the City shall be void. SECTION 19 BINDING COVENANTS Facilities Use and Youth Program Provider Agreement 6 of 18 Child Evangelism Fellowship of East Texas,Inc. Subject to the limitations contained herein, the covenants, conditions and agreements made and entered into by the parties hereunder are declared to be for the benefit of and binding on their respective successors,representatives and permitted assigns,if any. SECTION 20 INDEPENDENT CONTRACTOR It is expressly understood and agreed that Provider and its employees, representative, agents, servants,officers, contractors,subcontractors,and volunteers are not agents,representatives or employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Provider shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers. Provider further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Provider.Neither Provider,nor any officers, agents,servants,employees,volunteers or subcontractors of Provider shall be entitled to any employment benefits from the City. SECTION 21 AMENDMENTS CAPTIONS AND INTERPRETATION Except as otherwise provided in this Agreement, the terms and provisions of this Agreement may not be modified or amended except upon the written consent of both the City and Provider. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. In the event of any dispute over the meaning or application of any provision of this Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more strongly for or against any party,regardless of the actual drafter of this Agreement. SECTION 22 GOVERNMENTAL POWERS AND IMMUNITIES It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. SECTION 23 AUTHORIZATION AND COUNTERPARTS AND ELECTRONIC SIGNATURES 23.1 By executing this Agreement, Provider's agent affirms that he or she is authorized by Provider or its general partner to execute this Agreement and that all representations made herein with regard to Provider's identity,address,and legal status are true and correct. 23.2 This Agreement may be executed in several counterparts, each of which will be deemed an original,but all of which together will constitute one and the same instrument. A signature received via facsimile or electronically via email shall be as legally binding for all purposes as an original signature. SECTION 24 SEVERABILITY AND NO WAIVER 24.1 It is agreed that in the event any covenant,condition or provision herein contained is held to be invalid by any court of competent jurisdiction,the invalidity of such covenant,condition or provision shall in no way affect any other covenant, condition or provision does not materially prejudice either Provider or City in connection with the right and obligations contained in the valid covenants, conditions or provisions of this Agreement. Facilities Use and Youth Program Provider Agreement 7 of 18 Child Evangelism Fellowship of East Texas,Inc. 24.2 The failure of either party to insist upon the performance of any term or provision of this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party's right to insist upon appropriate performance or to assert any such right on any future occasion. SECTION 25 COMPLIANCE WITH LAWS This Agreement is subject to all applicable federal, state and local laws, ordinances, rules and regulations,including,but not limited to,all provisions of the City's Charter and ordinances,as amended. If City notifies Provider or any of its officers, agents, employees, contractors, subcontractors, licensees, volunteers, or invitees of any violation of such laws, ordinances, rules or regulations, Provider shall immediately desist from and correct the violation. SECTION 26 SOLE AGREEMENT This Agreement, including any exhibits attached hereto and any documents incorporated herein, contains the entire understanding and agreement between the City and Provider,and any lawful assign and successor of Provider, 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 Agreement. [SIGNATURES ON FOLLOWING PAGE] Facilities Use and Youth Program Provider Agreement 8 of 18 Child Evangelism Fellowship of East Texas,Inc. IN WITNESS WHEREOF,the parties have executed this Agreement in multiples to be effective on the date set forth in Section 3. CITY OF FORT WORTH CHILD EVANGELISM FELLOWSHIP OF EAST TEXAS, NC. Y Fernando Costa David Nig Assistant City Manager Chairman of the Board of Child Evangelism Fellowship of Fort Worth Recommended by: I chard Zavaia rector of Park and Recreation Depa went APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney CONTRACT AUTHORIZATION: M&C:No M&C Required Date:N/A Form 1295: N/A ATTEST: Contract Compliance Manager By signing I acknowledge that I am the person responsible or the monitoring and administration of this contract, including ensuring all performance and report'Jug requirements. .0 ary J. Kay cr ?J Ciiy Secretal,, }' S e I Endsley * ' istrict Superintendent Date: "♦ �XASOFFICAL riftf D OW R�'AR1f RT.WORM,TX Facilities Use and Youth Program Provider Agreement 9 of 8 Child Evangelism Fellowship of East Texas,Inc. EXHIBIT A PROGRAM DESCRIPTION, CENTER(S),AND SCHEDULE Program: Summer 5 Day Clubs SCOPE OF ACTIVITY Summer 5 Day Clubs® are nurturing, welcoming, privately-sponsored summertime enrichment clubs meeting one hour per day for five days in the summer, offering training in morals, character, leadership and citizenship,from a Christian/Biblical perspective,through fun recreational activities,projects,stories, songs and games.All children are welcome,regardless of religious belief,and may only attend with written parental permission. Attendance is free, and no donations are solicited. Clubs are led by a minimum of three volunteer teachers,with more on an as-needed basis. Location Dates Times Victory Forest Community Center Mondays from 3:00 PM 3427 Hemphill St. (76110) 6/18-7/16 Southwest Community Center Wednesdays from 4:00 PM 6300 Welch Ave. (76133) 6/20-7/18 Chisholm Trail Community Center Thursdays from 4936 McPherson Blvd. (76123) 6/21-7/19 4:00 PM Hillside Community Center Thursdays from 6:00 PM 1201 E.Maddox(76104) 6/21-7/19 Greenbriar Community Center Fridays from 3:00 PM 5200 Hemphill(76115) 6/29-7/27 R. D. Evans Community Center Fridays 3242 Lackland Road(76116) 6/29-7/27 3:00 PM Fire Station Community Center Saturdays 10:30 AM 1601 Lipscomb(76104) 6/30-7/28 Northside Community Center 1801 Harrington(76106) Tuesdays 7/10-8 3:30 PM /7 Como Community Center Tuesdays 4900 Horne Street(76107) 7/10-8/7 3:00 PM Facilities Use and Youth Program Provider Agreement 10 of 18 Child Evangelism Fellowship of East Texas,Inc. Worth Heights Community Center Tuesdays from 3551 New York Ave. (76110) 7/10-8/7 3:00 PM Sycamore Community Center Tuesdays from 2525 E. Rosedale(76105) 7/10-8/7 4:00 PM Southside Community Center Wednesdays from 959 E. Rosedale(76104) 7/11-8/8 3:00 PM North Tri-Ethnic Community Center 2950 Roosevelt Ave. (76106) Fridays from 3:00 PM 7/20-8/17 Andrew "Doc" Session Community Center 201 S. Sylvania Mondays from 1:00 PM (76111) 7/2-7/30 Highland Hills Community Center 1600 Glasgow Road(76134) Fridays from 3:00 PM 7/6-8/3 Diamond Hill Community Center Saturdays from 1701 NE 37th Street(76106) 7/7-8/4 10:00 AM Thomas Place Community Center 4237 Lafayette Ave.(76107) Mondays from 3:00 PM 7/9-8/6 Riverside Community Center Mondays from 4:00 PM 3700 E. Belknap(76111) 7/9-8/6 Facilities Use and Youth Program Provider Agreement 11 of 18 Child Evangelism Fellowship of East Texas,Inc. EXHIBIT B BACKGROUND CHECK REQUIREMENTS DEPARTMENT POLICY VOLUNTEER BACKGROUND SCREENING POLICY PARK AND RECREATION EFFECTIVE DATE: 10/011 015 D12 Approved by Director page 1 of 5 PURPOSE: To establish a background screening procedure that not only raises a public awareness of quality programs offered but also ensures the safety of all participants, particularly the most vulnerable groups such as children, elderly and intellectually challenged. GUIDING PRINCIPLES: 1. The Department provides opportunities for community members to share their gifts and talents. 2. The Department recognizes the importance volunteerism plays in the bigger picture of community and citizenship. 3. The Department places the highest priority on the safety of its customers and staff. OBJECTIVES: 1. To conduct criminal background screenings in a timely manner on volunteers assigned to work with vulnerable populations. 2. To maintain confidentiality to the extent allowed by law of volunteers who willingly submit to screening. Facilities Use and Youth Program Provider Agreement 12 of 18 Child Evangelism Fellowship of East Texas,Inc. DEPARTMENT POLICY VOLUNTEER BACKGROUND SCREENING POLICY PARK AND RECREATION EFFECTIVE DATE: 10/01/2015 D12 4 Approved by Director , A page 2 of 6 4 N PROCEDURES: I. PROGRAM INFORMATION A. A public information vendor will conduct the background checks following the National Recreation and Park Association's recommended guidelines. That process includes: 1. Social Security Verification—Verify the name of every volunteer against the Social Security Number provided. This helps to eliminate the possibility of false names and/or information. 2. Address Trace—Verify the current address and identify any previous address of every volunteer. This information is utilized to determine the jurisdiction in which the background screening is conducted. 3. State or County Criminal Records Check—A Statewide or Countywide (depending on the jurisdiction)criminal record check is performed to capture all misdemeanor and felony convictions in that jurisdiction. The search should be conducted in the jurisdiction with the longest and most current residency. 4. National Criminal History Data Base Search—There is no one national record check whether through the government or private sector that identifies every crime ever committed. However,there are now criminal history data bases available that contain millions of criminal records and cover much of the United States. These data bases can be accessed and used to supplement the local criminal history search. This is beneficial in expanding the search across the country but should not be used as a stand-alone source background screening. 5. Sex Offender Registry—Search of the appropriate state sex offender registries based on the address history. 6. Timely Results—A background screening process should be timely and results should be returned within 3 business days to allow for proper planning and assignment of volunteers. Facilities Use and Youth Program Provider Agreement 13 of 18 Child Evangelism Fellowship of East Texas,Inc. DEPARTMENT POLICY VOLUNTEER BACKGROUND SCREENING POLICY PARK AND RECREATION EFFECTIVE DATE: 10/01/2015 D12 Approved by Director page 3 of 5 B. Background check records will be accessible to the Volunteer Coordinator and Department Records Manager. Staff will only be notified of volunteer acceptance or denial. Details of the background check will be kept confidential. C. Volunteers who elect not to authorize screening shall not be eligible to work in volunteer positions that work directly with vulnerable populations. D. Background screening exceptions include one-time public events where volunteers would not be working with vulnerable populations or one-time public events where volunteers could be working with vulnerable populations in a supervised, public and non-relational role. Examples: one time major public events, park clean-ups, plantings,special park projects and adult programs. I. PROGRAM PROCEDURES A. REQUIREMENTS FOR VOLUNTEER BACKGROUND SCREENINGS 1. Valid Driver's License or Identification Card 2, Social Security Number 3. Completed Volunteer Application 4, Completed Background Check Registration 5. Signed Consent to Release Information(electronic signature) B. REGULATIONS 1. All volunteers are required to complete a volunteer application and those working with vulnerable populations must complete a background screening before beginning an assignment. 2. The Volunteer Coordinator reviews each criminal background screening and makes a determination based on the adopted recommended criteria for exclusion. 3. Following review,the Volunteer and requesting division and/or facility manager are notified within three(3)working days regarding the results criminal background screening of the applicant. a. Applicants with questions regarding their background screening results shall set up an appointment to meet with the Volunteer Coordinator. The contents of this policy will not be up for debate; the Volunteer Coordinator will provide contact information for the Facilities Use and Youth Program Provider Agreement 14 of 18 Child Evangelism Fellowship of East Texas,Inc. DEPARTMENT POLICY VOLUNTEER BACKGROUND SCREENING POLICY PARK AND RECREATION EFFECTIVE DATE: 10/01/2015 D12 Approved by Director page 4 of 5 background screening vendor to address questions regarding results provided to the department. 4. Volunteer background screenings shall be done annually on all volunteers working with vulnerable populations. 5. Volunteers must be interviewed, properly screened and trained for each new assignment. 6. Volunteers working with youth must be monitored by staff. II. DISQUALIFICATIONS A person shall be disqualified and prohibited from serving as a volunteer if the person has been found guilty of the following crimes: For purposes of this policy; Guilty shall mean that a person was found guilty following a trial,entered a guilty plea,entered a no contest plea accompanied by a court finding of guilt(regardless of adjudication or deferment), or received court directed programs in lieu of conviction. A. SEX OFFENSES 1. All sex offenses regardless of the amount of time since offense. a. To include sex offenses where the final adjudication or final plea was of a lesser included sentence or non-sex related statute, i.e. Indecency with a Child pled to Injury to a Child. b. Examples include: Sexual Assault, Indecency with a Child, Prostitution, Online Solicitation of a Minor, Indecent Exposure, etc. B. FELONIES 1. All violence related felony offenses regardless of the amount of time since offense. a. Examples include: Murder, Manslaughter,Aggravated Assault, Kidnapping, Robbery,etc. 2. All felony offenses other than violence or sex within the past ten(10)years. a. Examples include: Drug Offenses,Theft(including Embezzlement), Fraud,Abandoning or Endangering a Child,etc. Facilities Use and Youth Program Provider Agreement 15 of 18 Child Evangelism Fellowship of East Texas,Inc. DEPARTMENT POLICY VOLUNTEER BACKGROUND SCREENING POLICY PARK AND RECREATION EFFECTIVE DATE: 10/01/2015 D12 Approved by Director page 5 of 5 C. MISDEMEANORS 1. All misdemeanor violence offenses within the past seven(7)years. a. Examples include:Assault(including Domestic Violence), Deadly Conduct,Terroristic Threat,etc. 2. Two or more misdemeanor drug &alcohol offenses within the past seven(7) years. a. Examples include: Driving While Intoxicated,Drug Possession charges (including Paraphernalia), Public Intoxication,etc. 3. Any other misdemeanor within the past five(5)years that would be considered a potential danger to children or is directly related to the functions of that volunteer. D. PENDING CASES 1. Individuals found to have pending court cases for any of the disqualifying offenses will be disqualified. If the disposition of the pending case does not meet the criteria for disqualification as listed above,the individual would then be cleared and reinstated. Facilities Use and Youth Program Provider Agreement 16 of 18 Child Evangelism Fellowship of East Texas,Inc. EXHIBIT C INSURANCE 1. Provider's Insurance. Provider 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 rental of any facilities and operation of any Programs pursuant to this Contract. Provider 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 rental and use of facilities for the Programs herein described pursuant to this Contract. Provider shall maintain the following coverage(s) and limits thereof: 1.1 Coverages and Limits i. $2,000,000 General Aggregate Limit(Other Than Products—Completed Operations) ii. $2,000,000 Products/Completed Operations Aggregate Limit iii. $1,000,000 Personal and Advertising Injury Limit(Any One Person or Organization) iv. $1,000,000 Each Occurrence Limit V. $100,000 Rented to You Limit(Any One Premises) vi. $5,000 Medical Expense Limit(Any One Person) 1.2 Additional Requirements. i. Such insurance amounts shall be revised upward at City's reasonable option and no more frequently than once every 6 months, and Provider shall revise such amounts within thirty (30) calendar days following notice to Provider of such requirements. ii. Where applicable, insurance policies required herein shall be endorsed to include City as an additional insured as its interest may appear. Additional insured parties shall include employees, representatives, officers, agents, and volunteers of City. iii. Any Workers' Compensation Insurance policy shall be endorsed to include a waiver of subrogation, also referred to as a waiver of rights of recovery, in favor of City. Such insurance shall cover employees performing work on any and all projects. Provider shall maintain coverages, if applicable. iv. Any failure on part of City to request certificate(s) of insurance shall not be construed as a waiver of such requirement or as a waiver of the insurance requirements themselves. V. Insurers of Provider'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 Facilities Use and Youth Program Provider Agreement 17 of 18 Child Evangelism Fellowship of East Texas,Inc. 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. vi. Unless otherwise stated herein or approved by City, deductible limits on insurance policies shall not exceed$10,000 per occurrence. vii. In the event there are any local, federal or other regulatory insurance or bonding requirements for Provider's operations, and such requirements exceed those specified herein,the former shall prevail. viii. Provider shall contact the NSD Director or Park Director, as applicable, to determine whether any contractors or subcontractors will need to provide insurance. Facilities Use and Youth Program Provider Agreement 18 of 18 Child Evangelism Fellowship of East Texas,Inc.