HomeMy WebLinkAboutContract 50839-A1 CITY SECRETARY
CONTRACT No. SU� ;q- A I
FIRST AMENDMENT TO PROGRAM PROVIDER AGREEMENT WITH
INTERNATIONAL SISTER CITIES ASSOCIATION OF FORT WORTH INC.
THIS FIRST AMENDMENT("First Amendment")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 INTERNATIONAL SISTER CITIES
ASSOCIATION OF FORT WORTH,INC.D/B/A FORT WORTH SISTER CITIES
INTERNATIONAL, a domestic non-profit corporation("Provider").
WHEREAS, City and Provider are parties to an agreement (City Secretary Contract No. 50839)
that permits Provider to provide certain classes, workshops, seminars, or activities at various community
centers owned and operated by the City("Agreement");
WHEREAS, the parties desire to revise the Center(s) at which Provider's programs will be
provided; and
NOW,THEREFORE, in consideration of the mutual covenants and agreements contained herein,
the City and the Provider do mutually covenant and agree to amend the Agreement as follows:
I.
Paragraph 2 of the agreement is amended to be and read as follows:
WHEREAS, City, through its Park & Recreation Department ("Park Department") and
Neighborhood Services Department("NSD"), operates Summer Day Camp and After School Programs to
provide recreational youth programs and activities at its community centers as well as other programs and
Provider wishes to provide supplemental programs for attendees at the City's Summer Day Camp, After
School Program,or other programming.
H.
Section 1 of the Agreement is amended to be and read as follows:
Provider shall provide programs and activities("Program")at the times and City locations
("Center")as agreed upon in writing on the form set forth in Exhibit A, which is attached hereto and
incorporated herein for all purposes("Program"),and which may be executed by the Director of the Park
& Recreation Department or the Director of the Neighborhood Services Department.
III.
Exhibit A of the Agreement,which details the Program,Center(s),and Schedule is re laced
with the exhibit attached to this First Amendment as Exhibit A. The attached Exh it A is here y
incorporated into the Agreement for all purposes and supersedes any prior Exhibit A. Q111Wf fejtftWtD
Exhibit A in the Agreement shall refer to the attached Exhibit A. CITY 31 crw
IV. � WCJ►R rX
RECF��ED
Section 5 of the Agreement is amended to add Subsection 5.1.3 which shall be and read as
Nlows:
C1rYO, FORT
CITYSECRErga� 5.1.3 In the event that Provider will be unable to appear for a given class date, Provider
steal I be required to provide a minimum of 48 hours'notice to City and shall work in good faith to reschedule
First Amendment to Program Provider Agreement 1 of l 1
a make-up class or refund such payment attributable to that class, whichever City, in its sole discretion,
shall decide.
V.
Section 5 of the Agreement is amended to add Subsection 5.4 which shall be and read as follows:
5.4 Provider shall not take, use, or disseminate any photograph of any program
participant for any purpose, including promotional materials.
VI.
Section 6 of the Agreement is amended to add Section 6 which shall be and read as follows:
6.1 The safety and security of all Program participants are of paramount importance
to the City, especially if Provider will provide the Program to the City's Summer Day Camp and After
School Programs. Provider agrees and certifies to the City that prior to performing any Program under this
Agreement, Provider, and anyone that will attend 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 Park&Recreation Department or NSD as incorporated in the attached Exhibit D. Refusal to submit
to a background investigation or a failure of any background investigation shall be cause for immediate
termination of this Agreement. Provider assumes all liability for Provider's failure to comply with this
section.
VII.
Section 12 of the Agreement is amended to be and read as follows:
12.1 Termination by Instructor. This Agreement may be terminated without cause by
Instructor upon thirty(30)days written notice of such intent to terminate being delivered to the City.
12.2 Termination by City. This Agreement may be terminated without cause by City
immediately upon written notice to Instructor of such intent to terminate.
VIII.
All terms and conditions of the Agreement that are not expressly amended pursuant to this First
Amendment shall remain in full force and effect.
IX.
All terms in this First Amendment that are capitalized but not defined shall have the meanings
assigned to them in the Agreement.
REMAINDER OF PAGE LEFT INTENTIONALLY BLANK
OFFICIAL RECORD
CITY SO CRETARY
PT.WORTH,XX
First Amendment to Program Provider Agreement 2 of 11
IN WITNESS WHEREOF,the parties hereto have exequted this First Amendment in multiples in
Fort Worth,Tarrant County,Texas,this ('141► day of 12018.
CITY OF FORT WORTH FORT WORTH SISTER CITIES
INTERNATIONAL
By: By:
Fernando Costa Mae Ferguson
Assistant City Manager President/CEO ocol Officer
Recommended by:
kiichard Zavala
rector,Park&Recreation Department
APPROVED AS TO FORM AND LEGALITY:
Q�64 DA ovm
'ge Meb e
Assistant City Attorney
AT ST:
Oo*RT -O
a J.Kays
City Secretary _
M&C:No M&C Required.
Form 1295:N/A. AS
OFFICIAL RECORD
CITY SECRETARY
�• WORTH,TX
First Amendment to Contract Instructor Agreement 3 of 11
Contract Compliance Manager(s):
By signing,I acknowledge that I am the person
responsible for the monitoring and
administration of this contract, including ensuring
all performance and reporting requirements.
11 Endsley, District Superin endent
Park&Recreation Department Locations
MoniquiWill, District Superintendent
Neighborhood Services Department Locations
First Amendment to Contract Instructor Agreement 4 of 11
EXHIBIT A
FORM ADDENDUM SPECIFYING CENTER(S),AND PROGRAM SCHEDULE
THIS ADDENDUM TO 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 INTERNATIONAL
SISTER CITIES ASSOCIATION OF FORT WORTH, INC. D/B/A FORT WORTH SISTER
CITIES INTERNATIONAL, a domestic non-profit corporation("Provider").
Pursuant to the terms of Section 1 of that certain Program Provider Agreement between the
parties executed on May 9,2018(CSC No. 50839),the parties agree that the program services listed
below will be performed at the times, dates,and locations listed below.
PROGRAM: International Leadership Academy(ILA)
SCOPE OF SERVICE: A summer leadership program that brings Fort Worth students together with
high school students from around the world. Students will explore and focus on critical and current
issues. Through ILA,they will gain essential leadership and communication skills through cross-cultural
activities such as art,music, and language studies. This program will take place on Wednesday,July 18,
2018.
DAY CENTER START END START END START END
TIME TIME TIME TIME TIME TIME
Mon
Tue
Wed MLK,GB, SW,RDE, 9:30 AM 11:30 AM
CCC,HH,ADS
Thu _
Fri
Sat
PARD CENTER NAME CENTER ADDRESS NS CENTER NAME CENTER ADDRESS
Chisholm Trail(CT) 4936 McPherson Blvd. Andrew"Doc" Session
(76123) (ADS) 201 S. Sylvania(76111)
Diamond Hill(DH) 1701 NE 37th St.(76106) Como(CCC) 4900 Horne St. (76107)
Eugene McCray(EM) 4932 Willbarger(76119) Martin Luther King
(MLK) 5565 Truman Dr.(76112)
Fire Station(FS) 1601 Lipscomb(76104) North Tri-Ethnic(NT) 2950 Roosevelt Ave.(76106)
Greenbriar(GB) 5200 Hemphill (76115) Northside(NS) 1801 Harrin ton(76106)
Handley Meadowbrook 6201 Beaty(76112)
(HMB) Southside(SS) 959 E.Rosedale(76104)
Highland Hills(HH) 1600 Glasgow Rd. (76134) Worth Heights(WH) 3551 New York Ave.(76110)
Hillside(HS) 1201 E.Maddox(76104)
Mobile Recreation(MR) 1601 Lipscomb(76104)
R.D. Evans(RDE) 3242 Lackland Rd.
(76116)
Riverside(RS) 3700 E. Belknap(76111)
Southwest(SW) 6300 Welch Ave.(76133)
Sycamore(SY) 2525 E.Rosedale(76105)
Thomas Place(TP) 4237 Lafayette Ave.
(76107)
Victory Forest(VF) 3427 Hemphill St.(76110)
First Amendment to Program Provider Agreement 5 of I I
IN WITNESS WHEREOF,the parties hereto have executed this Addendum in Fort Worth, Texas, as of
the day and year indicated below.
CITY:
By: CONTRACT COMPLIANCE MANAGER(S):
R chard Zavala,Director By signing I acknowledge that I am the person
P k&R creation Department responsible for the monitoring and administration of
this contract, including ensuring all performance and
Date: C, reporl:ing uiremen . Q VVI'.1
By:
USUrf Endsley, istrict Supe tendent
Park&Recreation.Department Locations
By: /h/4&
r
Monfqtoill,District Superintendent
Neighborhood Services Department Locations
PROVIDER:
By:
Mae erguson
President/CEO&Prot of Officer
Date:
First Amendment to Contract Instructor Agreement 6 of t I
EXHIBIT D
BACKGROUND SCREENING POLICY
DEPARTMENT POLICY VOLUNTEER BACKGROUND SCREENING
POLICY
PARK AND RECREATION
EFFECTIVE DATE: 10/01 015 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.
First Amendment to Program Provider Agreement 7 of 11
DEPARTMENT POLICY VOLUNTEER BACKGROUND SCREENING
POLICY
PARK AND RECREATION
EFFECTIVE DATE: 10/01/2015 D12
Approved by Director , , page 2 of 5
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.
First Amendment to Program Provider Agreement 8 of I I
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
First Amendment to Program Provider Agreement 9 of 1 1
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.
11. 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.
First Amendment to Program Provider Agreement 10 of 1 I
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.
First Amendment to Program Provider Agreement 1 1 of I I