HomeMy WebLinkAboutContract 52125 CSC No.52125
CONTRACT INSTRUCTOR AGREEMENT
THIS CONTRACT INSTRUCTOR 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 JERONE SMITH D/B/A JMS
MUSICAL STATION,a sole proprietor("Instructor").
WHEREAS, City, through its Park & Recreation Department ("Park Department") and
Neighborhood Services Department("NSD"),operates several community centers throughout the City of
Fort Worth;
WHEREAS, City is committed to improving the quality of life for residents and visitors by
providing recreational, educational, and cultural opportunities at its community centers, which include a
variety of classes,workshops,seminars,activities, and the like;
WHEREAS,to help provide such opportunities to the community,the Departments have set up a
program to allow independent instructors to provide classes and activities through written agreements;
WHEREAS,the classes and activities include those that may be offered for members at the City's
community centers and for the City's Summer Day Camp and After School Programs;
WHEREAS,individuals or entities desiring to instruct a program must fill out an application and
pass a background check prior to conducting any program at any City facility;
WHEREAS,this Agreement is intended to be a Concession Agreement and any funds collected
and remitted to Instructor under this Agreement are not intended to be City Funds;
WHEREAS,for the ease and benefit of Participants,City shall collect all fees for participation in
the classes on behalf of both Instructor and City;
WHEREAS,City shall retain 30%of the fees collected and remit the remaining 70%of such fees
to Instructor;
WHEREAS,City and Instructor wish to set out terms for the provision of Instructor's classes and
activities at certain City facilities;
NOW, THEREFORE, in consideration of the covenants and agreements contained in this
Agreement,City and Instructor hereby agree as follows:
SECTION 1
LOCATION,PROGRAM,AND SCHEDULE
1.1 Instructor shall provide certain classes, workshops, seminars, or activities as set forth
in Exhibit A.which is attached hereto and incorporated herein for all purposes("Program").
1.2 The Program shall be provided at the City location(s)("Center") and in accordance with
the schedule set forth in Exhibit A,which is attached hereto and incorporated herein for all purposes. Times
and locations may be modified as agreed upon in writing on the form set forth in Exhibit E, which is
attached hereto and incorporated herein for all purposes,and which may be executed by the Director of the
Park&Recreation Department or the Director of the Neighborhood Services Department.
Contract Instructor Agreement rFT.
L RECORD
CRETARY
RTH TX
SECTION 2
USE OF THE CENTER
2.1 Instructor shall only have use of the Center during the scheduled times set forth in Exhibit
A. All activities related to any Program must be completed within the time period set forth in the schedule
in Exhibit A, including, but not limited to, set-up and clean-up. If Instructor, for any reason, holds over
beyond the scheduled times set forth in Exhibit A,the Director of the Park Department("Park Director")
or the NSD Department("NSD Director"), or each's authorized designee, in its sole discretion, reserves
the right to remove Instructor and any participants of the Program("Program Participants')from the Center
or charge Instructor a fee for use of the Center for the time period beyond that which the Center is reserved.
For purposes of this Agreement, the Park Director shall have authority over any Center operated by the
Park Department,and the NSD Director shall have authority over those Centers operated by the NSD. Any
additional fee will be commensurate with that charged to other patrons of the Center using the same space
for the same amount of time and shall be paid within thirty(30)calendar days after the City sends a written
invoice.
2.2 Instructor shall be responsible for obtaining the Center's operating schedule and abiding
by such schedule. In the event of a change in hours or availability of the Center, such change shall not
give rise to any claim against the City by the Instructor, whether for lost profits, cost, overhead, or
otherwise.
2.3 Instructor may bring onto the Center any equipment reasonably necessary to further the
Program; provided, however, Instructor shall be solely and completely liable and responsible for such
equipment and any claims or damages related thereto,including,but not limited to,use,maintenance,and
storage of the equipment.
2.4 Instructor 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.
2.5 Instructor understands and agrees that the parking areas at the Center are not for the
exclusive use of the Instructor and that the City and the Center's patrons may use the parking spaces at any
time.
2.6 To the extent that the Center has any available storage for Instructor's equipment,then the
Instructor may request the use of such storage at no additional cost. City is not required to provide storage
and shall not be liable or responsible for any items held in storage at the Center.
2.7 Instructor expressly acknowledges and agrees that it has conducted a full and complete
physical examination of the Center and hereby accepts the Center,AS IS,WHERE IS,AND WITHOUT
ANY WARRANTIES OF WHATEVER NATURE,EXPRESSED OR IMPLIED.
SECTION 3
TERM OF AGREEMENT
3.1 Term. Unless terminated earlier pursuant to the terms herein,the term of this Agreement
shall begin on March 13, 2019 and expire on September 30, 2019 ("Term"). This agreement may be
renewed for five(5)additional one-year periods upon written agreement of the Parties.
Contract Instructor Agreement 2 of 27
SECTION 4
PROGRAM FEES,COLLECTION,ALLOCATION AND DISBURSEMENT
4.1 Program Fees. Any and all fees to be assessed to Program Participants as part of the
Program are set forth in Exhibit B, which is attached hereto and incorporated herein for all purposes
("Program Fees"). Instructor may not charge any additional fees not set forth in Exhibit B.
4.1.1 Instructor shall ensure that each Program Participant pays the City all Program
Fees prior to the Program Participant beginning any Program. Instructor shall not
allow Program Participants to attend any Program until such time as all applicable
Program Fees have been paid.
4.1.2 Program Fees will be subject to refund to Program Participants in accordance with
the applicable City refund policy.
4.1.3 Instructor may offer promotions or discounts to the Program Fees with the prior
written consent of the Park Director or NSD Director,as applicable.
4.1.4 City employees shall be eligible for a ten percent(10%)discount on all Programs.
This discount shall only apply to City employees and not any family members or
friends of City employees.
4.1.5 Any insurance fees to be paid to City pursuant to Exhibit C shall not be included
within the definition of Program Fees.
4.2 Collection,Allocation,and Disbursement.
4.2.1 City shall collect all Program Fees required under this agreement on behalf of both
City and Instructor. Such Program Fees shall be allocated between the City and
Instructor in accordance with this Agreement.
a. All Program Fees shall be made payable to the City of Fort Worth.
b. City shall retain thirty percent(30%)of all Program Fees paid and owed
to the City pursuant to this Agreement.
C. If the City issues a refund for any Program Fees,then the City shall be
permitted to retain its prorated share from any future payments due to the
Instructor under this Agreement. In the event that such funds are
inadequate to satisfy Instructor's obligations, then the City will invoice
the Instructor for all amounts due and payable. Instructor shall pay the
City the amount of such invoice within thirty(30)calendar days after the
City sends it.
4.2.2 City shall disburse the remaining seventy percent(70%) of the Program Fees to
the Instructor in accordance with this Agreement.
a. Payment shall be made based on a monthly report submitted by the City
to Instructor. Instructor shall review and sign each monthly report and
submit them back to the City within five (5) calendar days after receipt.
The City shall make all payments in accordance with the Texas Prompt
Payment Act.
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b. Amounts collected by City for disb,xsement to Instructor shall not
constitute City Funds.
C. All disbursements under this Section 4.2.2 shall be subject to adjustment
in order to facilitate any refund made under Section 4.1.3.
4.2.3 City and Instructor agree and acknowledge that the portion of Program Fees to be
disbursed under Section 4.2.2 of this Agreement are not to be considered a fee
paid by City to Instructor, and that such fees are collected by City on behalf of
Instructor only as a matter of administrative convenience to both Parties and to
Program Participants.
SECTION 5
DUTIES AND RESPONSIBILITIES
5.1 In addition to any other duties and responsibilities set f;,rth in this Agreement, Instructor
shall:
5.1.1 Ensure that all Program Participants and any other individual using the Center,
including, but not limited to, any guardians and parents of the Program
Participants, comply with any and all policies, rules, and regulations governing
the use of the Center. City will provide a copy of any such policies, rules, and
regulations within a reasonable time after request by the Instructor.
5.1.2 Ensure each Program Participant has a current Center membership card.
Instructor shall be responsible for ensuring that any such Program Participant
without a Center membership to secure one prior to attending any Programs. Any
Program Participants that have a membership prior to enrolling in the Programs
shall maintain the membership in good standing for the duration of such Program.
To the extent that any Program Participant fails to obtain a Center membership,
then the Instructor shall be responsible for ensuring that such Program Participant
does not participate in the Program.
5.1.3 Notification of changes to Program schedules, including cancellation but
excluding emergencies or Force Majeure Events, must be provided to the City
within 24 hours prior to the scheduled start time,according to Exhibit A. In case
of emergency or Force Majeure Events, the Instructor must notify the Park
Director or NSD Director, as applicable, promptly upon Iearning of such
emergency or Force Majeure Events.
5.1.4 All children 14 years of age and under must be picked up at the completion of
their Program. A late fee will be assessed for anyone under the age of 14 not
picked up after the designated time the Program is to be completed. Instructor
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.
Notwithstanding anything to the contrary, if a child still has not been picked up
30 minutes after the completion of the Program,then the City may contact either
the City of Fort Worth Police Department and/or Child Protective' Services.
Children over the age of 14 must be picked up and vacate from the Center by close
of business.
5.1.5 Report any maintenance or repair needs to the Park Director or NSD Director, as
applicable,as soon as practicable.
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5.1.6 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. If any Program involves Instructor-owned
trampolines or tumbling devices,then the Instructor must provide and post rules
for the safe use of such equipment.
5.1.7 Promote the Program in available media.
5.1.8 Take attendance before the start of each Program class from the City-approved
attendance list and return the completed attendance list to the Park Director or
NSD Director, as applicable,after each Program class. If an individual is not on
the City-approved attendance list,then Instructor shall send said individual to the
Center's front desk for processing.
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 Furnish the necessary existing utilities and electrical power available at the Center
for the ordinary and intended use of such, which includes lighting, heat and air
conditioning, and water. City shall not be liable or responsible for accidents or
unavoidable delays.
5.2.3 Process membership applications for the Center and issue membership cards.
5.2.4 Ensure that a City employee is present in the Center at all times during the
Program.
5.2.5 Assist with the promotion of the program in Center schedules by advertising
Program(s)in the Center's brochure.
5.3 Instructor shall demonstrate a high level of professionalism at all times. Instructor's
conduct should be above reproach in all dealings with the community, participants, and staff. Instructor
shall not engage in any conduct that may threaten, intimidate, disparage, bully, verbally abuse, harass or
assault the City,City employees,program participants or any other person. The City shall be the sole judge
of Instructor's compliance with this section.
5.4 Instructor shall not take, use, or disseminate any photograph of any program participant
for any purpose, including promotional materials, unless Instructor has first obtained written permission
from the adult program participant or from the parent of the program participant to be photographed,if the
participant is a minor.
SECTION 6
AGE REQUIREMENT AND BACKGROUND CHECKS
6.1 The safety and security of all Program participants are of paramount importance to the
City,especially if Instructor will provide the Program to the City's Summer Day Camp and After School
Programs. Therefore,prior to performing any Program under this Agreement,Instructor,and anyone that
will attend or teach any Program on behalf of or with the instructor, must pass a thorough background
investigation by an entity approved by the City and consistent with the requirements of the policy attached
as Exhibit D. Instructor and anyone that will attend or teach any Program on behalf of or with the Instructor
shall be subject to future random background investigations and drug testing, as determined by the Park
Director or NSD Director, as applicable, in that person's discretion. Refusal to submit to a background
Contract Instructor Agreement 5 of 27
investigation or a failure of any background investigation shall be cause for immediate termination of this
Agreement. The Park Director or NSD Director, as applicable, in that person's sole discretion, shall
determine failure of a background investigation.
6.2 Instructor, and anyone that will attend or teach any 'rogram on behalf of or with the
Instructor, must be 18 years of age or older, except that an assistant instructor who is present with the
Instructor during the Program may be 16 years of age.
SECTION 7
CARE OF THE CENTER
7.1 Instructor, at Instructor's own expense, shall maintain all equipment of City in a safe,
sanitary, sightly condition and in good repair during each Program or scheduled time set forth in Exhibit
A. Instructor shall restore and yield said Center,equipment,and all other properties belonging to the City
back to City at the expiration of each Program or scheduled time set forth in Exhibit A in as similar to or
better condition as existed at the beginning of each Program or schedule time set forth in Exhibit A and in
which Instructor found them,normal wear and tear excepted.
7.2 Instructor will not do or permit to be done any injury or damage to the Center or any part
thereof,or permit to be done anything that will damage or change the finish or appearance of the Center or
the furnishings thereof or any other property belonging to the City by the erection or removal of equipment
or any other improvements, alterations or additions. No decorative or other materials shall be nailed,
tacked, screwed or otherwise physically attached to any part of the Center or to any of the furnishings or
fixtures of the City without the prior written consent of the Park Director or NSD Director,as applicable.
7.3 Subject to ordinary wear and tear, Instructor will pay the costs of repairing any damage
that may be done to the Center or any of the fixtures, furniture or furnishings by any act of Instructor or
any of Instructor's officers,representatives,servants,employees, agents,Program Participants,or anyone
visiting the Center upon the invitation of the Instructor. City shall determine,in its sole discretion,whether
any damage has occurred,the amount of the damage and the reasonable costs of repairing the damage,and
whether, under the terms of the Agreement,the Instructor is responsible. City shall be the sole judge of
the quality of the maintenance and damage of the Center,furnishings,fixture or furniture by the Instructor.
The costs of repairing any damage to the Center shall be immediately due and payable by the Instructor
upon Instructor's receipt of a written invoice from City.
7.4 Instructor may not place any signs within the Center.
SECTION 8
FORCE MAJEURE
8.1 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. Instructor hereby waives any claims it may have against
the City for damages resulting from any such Force Majeure Event.
Contract Instructor Agreement 6 of 27
SECTION 9
LIABILITY AND INDEMNIFICATION
9.1 INSTRUCTOR 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 INSTRUCTOR,
OR ITS DIRECTORS, OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS,
CONTRACTORS, EMPLOYEES, PATRONS, GUESTS, INVITEES, OR PROGRAM
PARTICIPANTS. INSTRUCTOR HEREBY EXPRESSLY RELEASES AND DISCHARGES
CITY FROM ANY AND ALL LIABILITY FOR ANY DAMAGE, INCLUDING, BUT NOT
LIMITED 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 — INSTRUCTOR, 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, KIND 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 INSTRUCTOR OR ANY OF ITS OFFICERS,
REPRESENTATIVES, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, PATRONS,
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
INSTRUCTOR OR ANY OF ITS OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS, PATRONS, GUESTS, PROGRAM PARTICIPANTS, OR
INVITEES OR OF ANY OTHER PERSON ENTERING UPON THE CENTER WITH THE
EXPRESS OR IMPLIED INVITATION OR PERMISSION OF INSTRUCTOR; OR(3)BY ANY
BREACH, VIOLATION OR NONPERFORMANCE OF ANY COVENANT OF INSTRUCTOR
UNDER THIS AGREEMENT(COLLECTIVELY,"LIABILITIES").
9.3 Intellectual Property—Instructor agrees to assume full responsibility for complying with
all State and Federal Copyright Laws,including,but not limited to,the Federal Copyright Law of 1978(17
U.S.C. 101, et seq.)and any other regulations associated therewith. City specifically does not authorize,
permit, or condone the performance, reproduction, or other use of copyrighted materials by Instructor or
its officers,agents, servants, representatives,subcontractors,invitees, or licensees without the appropriate
licenses or permission being secured in advance. In addition to any other indemnification obligations set
forth herein, Instructor further agrees that INSTRUCTOR AGREES TO AND DOES HEREBY
RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY FOR, FROM, AND
AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, OR EXPENSES OF
EVERY TYPE AND DESCRIPTION, INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S
FEES AND NONPAYMENT TO LICENSING AGENCIES, INCLUDING, BUT NOT LIMITED
TO,ASCAP, BMI, SESAC,AND GLOBAL MUSIC RIGHTS,ARISING OUT OF OR RELATED
TO INSTRUCTOR'S INFRINGEMENT OR VIOLATION OF ANY COPYRIGHT LAWS OR
REGULATIONS.
Contract Instructor Agreement 7 of27
9.4 If any action or proceeding shall be brought by or against the City in connection with any
such liability or claim,Instructor,on notice from City,shall defend such action or proceeding at Instructor's
expense,by or through attorneys reasonably satisfactory to City.
9.5 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.
9.6 Instructor 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. Instructor 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
10.1 Instructor shall abide by the insurance requirements yet forth in Exhibit C, which is
attached hereto and incorporated herein for all purposes.
SECTION 11
AUDIT
11.1 Instructor agrees that the City shall, until the expiration of three (3) years after the
termination or expiration of this Agreement,have access to and the right to examine any directly pertinent
books, documents, papers, and records of Instructor involving transactions relating to this Agreement.
Instructor agrees that the City shall have access during normal working,hours to all necessary Instructor
facilities and shall be provided adequate and appropriate workspace in order to conduct audits in
compliance with the provisions of this section. City shall give Instructor reasonable advance notice of
intended audits.
11.2 Instructor further agrees to include in any contractor and subcontractor agreements
hereunder a provision to the effect that the contractor and subcontractors agree that the City shall,until the
expiration of three (3)years after the expiration or termination of the contract or subcontract,have access
to and the right to examine any directly pertinent books,documents,papers,and records of such contractor
or subcontractor involving transactions of the contract or subcontract, and further that City shall have
access during normal working hours to all contractor and subcontractor facilities and shall be provided
adequate and appropriate work space in order to conduct audits in compliance with the provisions of this
paragraph. City shall give the contractor and subcontractor reasonable advance notice of intended audits.
SECTION 12
TERMINATION
12.1 Termination by Instructor. This Agreement may be term mated without cause by Instructor
upon thirty(30)days written notice of such intent to terminate being del vered 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.
12.3 Fiscal Funding Out. Notwithstanding anything to the o_intrary, 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 ray terminate the portion of the
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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.
12.4 Instructor's Duties Upon Expiration or Termination.
12.4.1 Prior to the effective date for expiration or termination of this Agreement,
Instructor shall promptly remove all of its personal property;provided,however,Instructor
shall not be obligated to remove any fixtures. Instructor shall also repair any Instructor-
caused damage to the Center, including, but not limited to, any damage that Instructor
causes during removal of Instructor's property, to the reasonable satisfaction of the Park
Director or NSD Director,as applicable.
12.4.2 If Instructor fails to comply with its obligations in this Section, City may, at its
sole discretion,(i)remove Instructor's personal property and otherwise repair the Center
and invoice Instructor for City's costs and expenses incurred, such invoice to be due and
payable to City within thirty (30) calendar days of its delivery to Instructor; or (ii)
following no less than thirty(30)calendar days prior written notice to Instructor,take and
hold any Instructor personal property as City's sole property; or(iii) pursue any remedy
at law or in equity available to City. If Instructor fails to surrender the Center to City
following termination or expiration, all liabilities and obligations of Instructor hereunder
shall continue in effect until such is surrendered.
12.4.3 Upon termination,all funds owed to the City shall be due and payable by the tenth
(l 0th)calendar day after the effective date of termination.
12.5 Other Remedies. Any termination of this Agreement as provided in this Agreement will
not relieve Instructor 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 Instructor 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 Instructor 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
Instructor 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
13.1 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. Instructor must
permit City or its agents,representatives, or employees to enter the Center for the purposes of inspection;
determining whether Instructor is complying with this Agreement; maintaining, repairing, or altering the
Center; or any other reasonable purpose. During any inspection, City may perform any obligations that
City is authorized or required to perform under the terms of this Agreement or pursuant to its governmental
duties under federal state or local laws, rules or regulations. In the event of an emergency, no advance
notice from City is required.
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SECTION 14
LICENSES AND PERMITS
14.1 Instructor shall, at its sole expense, obtain and keep in effect all licenses and permits
necessary for its operations.
SECTION 15
NOTICES
15.1 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:
CITY: INSTRUCTOR:
City of Fort Worth JMS Musical Station
Park&Recreation Department Director Attn:Jerone Smith
4200 South Freeway, Suite 2200 5644 Maceo Lane
Fort Worth,Texas 76115 Fort Worth,Texas 76112
With conies 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 notic in writing addressed and mailed
or delivered to the other party hereto.
SECTION 16
NONDISCRIMINATION
16.1 Instructor 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 Instructor 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
17.1 Instructor 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.
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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
Instructor, and any lawful assign or successor of Instructor, and are not intended to create any rights,
contractual or otherwise,to any other person or entity.
18.2 Instructor 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
19.1 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
20.1 It is expressly understood and agreed that Instructor and its employees, representative,
agents, servants, officers, contractors, subcontractors, and volunteers shall operate as independent
contractors as to all rights and privileges and work performed under this Agreement, and not as agents,
representatives or employees of the City. Subject to and in accordance with the conditions and provisions
of this Agreement, Instructor 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. Instructor acknowledges that the doctrine
of respondeat superior shall not apply as between the City and its officers,representatives,agents,servants
and employees, and Instructor and its employees, representative, agents, servants, officers, contractors,
subcontractors, and volunteers. Instructor further agrees that nothing herein shall be construed as the
creation of a partnership or joint enterprise between City and Instructor. It is further understood that the
City shall in no way be considered a Co-employer or a Joint employer of Instructor or any employees,
representative,agents,servants,officers,contractors,subcontractors,and volunteers of Instructor. Neither
Instructor,nor any officers,agents,servants,employees or subcontractors of Instructor shall be entitled to
any employment benefits from the City. Instructor shall be responsible and liable for any and all payment
and reporting of taxes on behalf of itself,and any of employees,representative,agents,servants,officers,
contractors,subcontractors,and volunteers.
SECTION 21
AMENDMENTS,CAPTIONS,AND INTERPRETATION
21.1 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
Instructor.
21.2 Captions and headings used in this Agreement are for reference purposes only and shall
not be deemed a part of this Agreement.
21.3 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.
Contract instructor Agreement 11 of 27
SECTION 22
GOVERNMENTAL POWERS AND IMMUNITIES
22.1 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,COUNTERPARTS,AND ELECTRONIC SIGNATURES
23.1 By executing this Agreement, Instructor's agent affirms that he or she is authorized by
Instructor or its general partner to execute this Agreement and that all representations made herein with
regard to Instructor'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 p,irposes 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
Instructor or City in connection with the right and obligations contained in the valid covenants,conditions
or provisions of this Agreement.
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
25.1 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.
25.2 If City notifies Instructor or any of its officers, agents, employees, contractors,
subcontractors, licensees, volunteers, or invitees of any violation of' such laws, ordinances, rules or
regulations,Instructor shall immediately desist from and correct the violation.
SECTION 26
SOLE AGREEMENT
26.1 This Agreement,including any exhibits attached hereto and any documents incorporated
herein, contains the entire understanding and agreement between the C ty and Instructor, and any lawful
assign and successor of Instructor,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.
Contract Instructor Agreement 12 of 27
SECTION 27
IMMIGRATION NATIONALITY ACT
27.1 Instructor shall verify the identity and employment eligibility of its employees who
perform work under this Agreement, including completing the Employment Eligibility Verification Form
(1-9). Upon request by City, Instructor shall provide City with copies of all I-9 forms and supporting
eligibility documentation for each employee who performs work under this Agreement. Instructor shall
adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no
services will be performed by any Instructor employee who is not legally eligible to perform such services.
INSTRUCTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY
PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF 'PHIS PARAGRAPH BY
INSTRUCTOR, INSTRUCTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. City, upon written notice to Instructor, shall have the right to immediately terminate this
Agreement for violations of this provision by Instructor.
SECTION 28
BOYCOTTING ISRAEL PROHIBITED
28.1 Instructor acknowledges that in accordance with Chapter 2270 of the Texas Government
Code,the City is prohibited from entering into a contract with a company for goods or services unless the
contract contains a written verification from the company that it: (1)does not boycott Israel; and(2)will
not boycott Israel during the term of the contract. The terms"boycott Israel"and"company"shall have
the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this
contract,Instructor certifies that Instructor's signature provides written verification to the City that
Instructor:(I)does not boycott Israel;and(2) will not boycott Israel during the term of the contract.
REMAINDER OF PAGE LEFT INTENTIONALLY BLANK
Contract Instructor Agreement 13 of 27
IN WITNESS WHEREOF, the parties have executed this Agreement in multiples in Tarrant
County,Texas.
EXECUTED to be effective on the date set forth in Section 3.
CITY OF FORT WORTH JERONE SMITH D/BIA JMS MUSICAL
STATION
_ Terome f9 Smffh
By: Aube yT:,,ard(Mar27,2019) By.Jerome M Smith(Liar 26,2019)
Aubrey Thagard,Director* Jerone Smith
Neighborhood Services Department
* Aubrey Thagard has been delegated the proper authority to execute this document on behalf of the City
pursuant to an Interoffice Memorandum frons the City Manager dated February 6,2019.
y. ORT�o.
ATTEST: �►: �
J
MAly T.Kayser V'
By. Mary J.Kayser(Apr 2,2019)
Mary J.Kayser,City Secre •P5
APPROVED AS TO FORM AND LEGALITY:
&M*01,4 &dW
By: Matthew A.Murray(Apr 2,2019)
Matthew Murray,Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C:No M&C Required.
1295:N/A.
OFFICIAL RECORD
CITY SECRETARY
Contract Instructor Agreement 1 /
FT. WORTH,Tat
CONTRACT COMPLIANCE NIANAGEW
By signing I acknowledge that I am the person
responsible for the monitoring and
administration of this contract,inc:ludin.-
ensuring all performance and reporting requirements.
Monique Hill,District Superintendent
Neighborhood Services Department
OFFICIAL RECOf
CITY SECRETARY
Contract Irwnxtor Agreement FT. STH,TX .�
EXHIBIT A
PROGRAM DESCRIPTION,SCHEDULE,AND CENTER(S)
PROGRAM:JMS Musical Station
SCOPE OF SERVICE: The JMS Musical Station program will teach students how to read music
through translating musical symbols. Students will learn how to play musical instruments,such as the
piano,voice recorder,guitar,flute,and trumpet,among others.
DAY CENTER START END
TIME TIME
Mon
Tue
Wed MLK 6:00 PM 7:OO PM
Thu MLK 6:00 PM 7:Oa PM
Fri
Sat
PARD CENTER NAME CENTER ADDRESS NS CENTER NAME CENTER ADDRESS
Chisholm Trail(CT) 4936 McPherson Blvd.(76123) Andrew`Doc' Session 201 S.Sylvania Ave.
(ADS) (76111)
Diamond Hill(DH) 1701 NE 37th St.(76106) Como(CCC) 4900 Horne St.(76107),
Eugene McCray(EM) 4932 Willbarger St.(76119) Fort Worth After School 2901 Shotts St.(76107)
(FWAS)
Fire Station(FS) 1601 Lipscomb St.(76104)
Martin Luther King
(MLK) 5565 Truman Dr.(76112)
Fort Worth After School 2901 Shotts St.(76107) 2950 Roosevelt Ave.
(FWAS) North Tri-Ethnic(NT) (76106)
Greenbriar(GB) 5200 Hemphill St.(76115) 1801 Harrington Ave.Northside(NS) (76106)
Handley Meadowbrook 959 E.Rosedale St.
(HMB) 6201 Beaty St. (76112) Southside(SS) (76104)
Highland Hills(HH) 1600 Glasgow Rd.(76134) 3551 New York Ave.
Worth Heights(WH) (76110)
Hillside(HS) 1201 E.Maddox Ave.(76104)
Mobile Recreation(MR) 1601 Lipscomb St.(76104)
R.D.Evans(RDE) 3242 Lackland Rd.(76116)
Riverside(RS) 3700 E.Belknap St.(76111)
Southwest(SW) 6300 Welch Ave.(76133)
Sycamore(SY) 2525 E.Rosedale St.(76105)
Thomas Place(TP) 4237 Lafayette Ave.(76107)
Victory Forest(VF) 3427 Hemphill St.(76110)
Contract Instructor Agreement 16 of 27
EXHIBIT B
PROGRAM FEES
Center Name: MLK
Monthly Fee: $47.00 per Program Participant
Contract Instructor Agreement 17 of 27
EXHIBIT C
INSURANCE
1. City Insurance.
1.1 Blanket Accident Insurance. Instructor acknowledges that City carries a blanket
accident insurance policy("Accident Policy")that provides first party insurance coverage
to Instructor in the event of a covered loss. This Accident Policy shall be excess to any
other insurance policies that the Instructor carries. Instructor is responsible for reading
and understanding the entire Accident Policy,including,but not limited to,any exclusions
to coverage.
1.2 Commercial General Liability. Instructor acknowledges that the City also carries
limited participant liability coverage for certain designated sport or athletic contests or
exhibitions under its commercial general liability insurance policy("City CGL Policy").
The City CGL Policy is intended to protect the City from third-party claims for personal
injury and property damage. Instructor is responsible for reading and understanding the
entire City CGL Policy, including, but not limited to, any exclusions to coverage. If the
Program is excluded from coverage or not covered for any reason under the City CGL
Policy, then Instructor shall provide or caused to be provided the commercial general
liability insurance set forth in section 2 of this Exhibit C. Each Program Participant is
required to pay City the applicable fee associated with maintaining such insurance
coverage prior to beginning the Program. Instructor is responsible for ensuring that each
Program Participant has fully paid the City the applicable fee,which shall be in addition
to any Program Fees.
1.3 Claims. Instructor shall be responsible for ensuring that any claim under the
Accident Policy and City CGL Policy are properly reported to City and that all necessary
paperwork is completed and submitted to appropriate;entity in a timely manner.
1.4 Liability. City's liability, if any, to Instructor under this Agreement shall be
limited to the maximum amounts payable under the Accident Policy or City CGL Policy,
as applicable. To the extent that the City incurs any liability outside of the Accident Policy
or the City CGL Policy limits attributable to Instructor or Instructor's representatives,
agents, Program Participants, contractors, or anyone acting on behalf of or for Instructor,
then Instructor hereby agrees to INDEMNIFY, HOLD HARMLESS, AND DEFEND
THE CITY IN ACCORDANCE SECTION 9 OF THIS AGREEMENT. City shall
not be liable to Instructor for any claims,damages,or losses beyond the policy limits stated
in the Accident Policy, City CGL Policy, or for any excluded coverages, and Instructor
hereby forever waives any such claims against the City.
2. Instructor-Provided Insurance. In the event that the Program being conducted by the
Instructor is excluded or not covered by the City's CGL Policy referenced above,
Instructor shall furnish to City,in a timely manner,but not later than the start of the term
of this Agreement,certificates of insurance as proof that the policies of insurance specified
herein have been purchased. Instructor is solely responsible for reviewing the City's CGL
Policy and determining whether its Programs are covered under the City CGL Policy. If
City has not received such certificates by such date, Instructor shall be in default of the
Agreement and City may,at its option,terminate the Agreement immediately and without
penalty. Instructor shall maintain or cause to be maintained the following coverages and
limits thereof.
2.1 Coverages and Limits
i. Commercial General Liability(CG L)Insurance
a. $1,000,000 each occurrence
b. $2,000,000 aggregate limit
ii. Business Automobile Liability Insurance
a. $1,000,000 each accident on a combined single limit
Contract Instructor Agreement 18 of 27
or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
b. Insurance policy shall be endorsed to cover"Any Auto", defined
as autos owned,hired,and non-owned when said vehicle is used
in the course of the event Licensed herein.
iii. Accident Coverage
a. 1,000,000.00 each occurrence
b. 2,000,000.00 aggregate
C. $2,500.00 minimum dental benefits
d. $50,000.00 minimum death benefit to the estate of the deceased
e. $100,000.00 minimum hospitalization and medical bills benefits
of an injured Program Participant,with a maximum deductible of
$250.00
f. $25,000.00 minimum benefits for the loss of one hand, one foot
or sight of one eye of an injured Program Participant
g. $12,500.00 minimum benefits for the loss of index finger and
thumb of same hand of an injured student
h. This policy shall cover all Program Participants and provide
comprehensive bodily injury, dental, and death coverage and
coverage while traveling in any automobile used to transport
Program Participants to and from the Program.
iv. Workers' Compensation Insurance
a. Part A: Statutory Limits
b. Part B: Employer's Liability
1. $100,000 each accident
2. $100,000 disease-each employee
3. $500,000 disease-policy limit
C. Instructor shall not be required to carry the required workers'
compensation insurance if Instructor does not employ at least
one full time employee.
2.2 Additional Requirements
i. Such insurance amounts shall be revised upward at City's reasonable
option and no more frequently than once every six (6) months, and
Instructor shall revise such amounts within thirty (30) calendar days
following notice to Instructor 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. The 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. Instructor 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.
Contract Instructor Agreement 19 of 27
V. Insurers of Instructor's insurance policies shall be licensed to do business
in the state of Texas by the Department of Insurance or be otherwise
eligible and authorized to do business in the state of Texas. Insurers shall
be acceptable to City insofar as their financial strength and solvency and
each such company shall have a current minimum A.M.Best Key Rating
Guide rating of A-: VII or other equivalent insurance industry standard
rating otherwise approved by City.
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 Instructor's operations, and such requirements
exceed those specified herein,the fornner shall prevail.
viii. Instructor shall contact the NSD Director or Park Director,as applicable,
to determine whether any contractors or subcontractors will need to
provide insurance.
Contract Instructor Agreement 20 of 27
FINAL—Effective Oct.1,2018
EXHIBIT D
BACKGROUND SCREENING POLICY
Volunteer Background Screening Policy City of Fort Worth
PURPOSE:
To establish a background screening procedure that not only raises 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 City provides opportunities for community members to share their gifts and talents
through volunteer experiences.
2. The City recognizes the importance volunteerism plays in the bigger picture of community
wellness.
3. The City places the highest priority on the safety of its customers,staff and volunteers
who choose to serve with us.
OBJECTIVES:
1. To conduct a criminal background screening program based on the National Recreation and
Park Association's Recommended Guidelines for Credentialing Volunteers.
2. To conduct criminal background screenings in a timely manner on volunteers assigned to
work with vulnerable populations.
3. To maintain confidentiality to the extent allowed by law of volunteers who willingly submit to
screening.
DEFINITIONS:
1. Volunteers shall be defined as anyone who,without compensation,performs a task at the
direction of and on behalf of the city.A volunteer or representative for an approved volunteer
group must be officially accepted and enrolled by the department prior to performance of the
task.
2. Social Security Verification is a screening used to verify the name of every volunteer
against the Social Security Number provided.This helps to eliminate the possibility of false
names and/or information.
a. Social Security verifications are a critical first step in the process as they help to
ensure that the name and other personal data given by the applicant are accurate.
b. Volunteers who do not have a Social Security Number, or choose notto provide
one,should provide two forms of ID with matching identifiers.
i. Driver's license or state-issued ID,birth certificate,passport,etc.
3. Address Trace is a screening used to verify the current address and identify any previous
addresses of every volunteer.This information is utilized to determine the jurisdiction in which
the background screening is conducted.
4. State or County Criminal Records Check is a statewide or countywide(depending on the
jurisdiction)criminal record check 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.
5. National Criminal History Database Search is used to supplement the local criminal history
search.There is no one national record check whetherthrough the government or private sector
that identifies every crime ever committed.However,there are now criminal history databases
available that contain millions of criminal records and cover much of the United States.This is
Contract Instructor Agreement 21 of 27
FINAL—Effective Oct. 1,2018
beneficial in expanding the search across the country but shot d not be used as astandalone
source background screening.
6. Sex Offender Registry conducts a search of the appropriate stage sex offender registries
based on the address history.
7. Timely Results should be returned within ten(10)business da.,s to allow for proper
planning and assignment of volunteers.
8. Volunteer Coordinator shall be defined as the person who oversees the coordination
of volunteer programs for a department or City overall.
9. Vulnerable Populations shall be defined as youth,elderly or intellectually
challenged.
PROCEDURES:
I. PROGRAM INFORMATION
A. A third-party public information vendor will conduct background checks following the
National Recreation and Park Association's Recommended Guidelines for Credentialing
Volunteers.That process includes generating the following in timely manner:
1. Social Security Verification
2. Address Trace
3. State or County Criminal Records Check
4. National Criminal History Database Search
5. Sex Offender Registry
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 or in roles of increased
responsibility.
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 around vulnerable populations in a supervised,public and non-relational
role.Example:one-time major public events,clean-ups and adult programs.
E. A volunteer photo identification system will be implemented in accordance with the
National Recreation and Park Association's guidelines for volunteer photo identification.
II. PROGRAM PROCEDURES
A. REQUIREMENTS FOR VOLUNTEER BACKGROUND SCREENINGS
1. Valid Driver's License or Identification Card
2. Social Security Number(if applicable)
3. Completed Volunteer Application
4. Completed Background Check Registration
5. Signed Consent to Release Information or online acceptance of policies
B. REGULATIONS
1. All volunteers or volunteer representatives who are representing an approved
volunteer group are required to complete a volunteer:application,and those working
with vulnerable populations must complete a background screening before beginning
an assignment.
a. Volunteer groups working in an activity position that is subjectto background
screenings per this policy(Section I.D.)will be required to have individual
applications and screenings for each volunteer.
Contract Instructor Agreement 22 of 27
FINAL—Effective Oct. 1,2018
b. Volunteers,depending on their position,maybe subject to
additional screening.
2. Each criminal background screen is reviewed against this policy and a
determination is based on the adopted recommended criteria for exclusion.
a. The recommended criteria for exclusion serve as aminimum
qualification;however,depending on the activity position,volunteers
may be subject to higher criteria for exclusion as determined by that
specific position's qualifications.
3. Following review,the volunteer and requesting division and/or facility manager are
notified within ten(10)business days regarding the results of the applicant's criminal
background screening.
a. Applicants with questions regarding their background screening results shall
set up an appointment to meet with the department Volunteer Coordinator.
The contents of this policy will not be up for debate;the department
Volunteer Coordinator will provide contact information for the background
screening vendor to address questions regarding results provided to the
department.
4. Volunteer background screenings shall be done annually on all positons that work
with vulnerable populations.
5. Volunteers must be properly screened for each new assignment.
6. Volunteers working with vulnerable populations must be monitored by staff.
III. DISQUALIFICATIONS
A person shall be disqualified and prohibited from serving as acredentialed 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 pleawas 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 but are not limited to: 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 but are not limited to: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 but are not limited to: Drug Offenses,Theft(including
Embezzlement),Fraud,Abandoning or Endangering aChild,etc.
C. MISDEMEANORS
1. All misdemeanor violent offenses within the past seven(7)years.
a. Examples include but are not limited to:Assault(including Domestic
Violence),Deadly Conduct,Terroristic Threat,etc.
2. All misdemeanor drug and alcohol offenses within the past five(5)years or multiple
Contract Instructor Agreement 23 of 27
FINAL—Effective Oct. 1,2018
offenses in the past ten(10)years.
a. Examples include but are not limited to: 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.
a. Examples include but are not limited to: Contributing to the Delinquency of a
Minor,Providing Alcohol to a Minor,Theft(if person is handling monies),etc.
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 doe, not meet the criteria for
disqualification as listed above,the individual wouldthen be cleared and reinstated.
Contract instructor Agreement 24 of 27
EXHIBIT E
FORM ADDENDUM SPECIFYING CENTER(S)AND PROGRAM SCHEDULE
THIS ADDENDUM TO CONTRACT INSTRUCTOR 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 [INSERT
NAME OF INSTRUCTOR,an individual] [or ENTITY NAME,acting by and through its duly authorized
representative] ("Instructor").
Pursuant to the terms of Section 1 of that certain Contract Instructor Agreement between the
parties executed on (PARD No._�,the parties agree that the program
services to be performed will be modified and that the times and descriptions listed below reflect the
current agreement of the Parties. All other terms of the contract not explicitly detailed below shall
remain unchanged.
PROGRAM: [INSERT NAME OF THE PROGRAM]
SCOPE OF SERVICE: [INSERT DETAILED PROGRAM DESCRIPTION].
PRICING INFORMATION: [INSERT ADDITIONAL PRICING DESCRIPTION].
START END START END START END START END
DAY CENTER TIME TIME TIME TIME TIME TIME TIME TIME
Mon
Tue
Wed
Thu
Fri
Sat
PARD CENTER NAME CENTER ADDRESS NS CENTER NAME CENTER ADDRESS
Chisholm Trail(CT) 4936 McPherson Blvd.(76123) Andrew`Doc' Session 201 S. Sylvania Ave.
(ADS) (76111)
Diamond Hill(DH) 1701 NE 37th St.(76106) Como(CCC) 4900 Horne St.(76107)
Eugene McCray(EM) 4932 Willbarger St.(76119) Fort Worth After School 2901 Shotts St.(76107)
(FW AS)
Fire Station(FS) 1601 Lipscomb St.(76104) Martin Luther King
(MLK) 5565 Truman Dr.(76112)
Fort Worth After School 7901 Shotts St.(76107) 2950 Roosevelt Ave.
(FWAS) North Tri-Ethnic(NT) (76106)
Greenbriar(GB) 5200 Hemphill St.(76115) 1801 Harrington Ave.
Northside(NS) (76106)
Handley Meadowbrook 959 E.Rosedale St.
(HMB) 6201 Beaty St.(76112) Southside(SS) (76104)
Highland Hills(HH) 1600 Glasgow Rd.(76134) 3551 New York Ave.
Worth Heights(WH) (76110)
Hillside(HS) 1201 E.Maddox Ave.(76104)
Mobile Recreation(MR) 1601 Lipscomb St.(76104)
R.D.Evans(RDE) 3242 Lackland Rd.(76116)
Riverside(RS) 3700 E.Belknap St.(76111)
Southwest(SW) 6300 Welch Ave.(76133)
Sycamore(SY) 2525 E.Rosedale St.(76105)
Thomas Place(TP) 4237 Lafayette Ave.(76107)
Victory Forest(VF) 3427 Hemphill St.(76110)
Contract Instructor Agreement 25 of 27
IN WITNESS WHEREOF, the parties hereto have executed this Addendum in Fort Worth, Texas, as of
the day and year indicated below.
CITY OF FORT WORTH CONTRACT INSTRUCTOR NAME
By: By:
(Director Name),Director Contract Instructor Name
(Department Name)Department
Contract Instructor Agreement 26 of 27
CONTRACT COMPLIANCE MANAGER:
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.
By:
Title:
Contract Instructor Agreement 27 of 27
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