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HomeMy WebLinkAboutContract 50698-R1A2 13ECEIVED CSC No.50698-R1A2 JON 2 4 2019 "'yOE FORT WORTKIRST RENEWAL AND SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO. CITYSECRETARy 50698 BETWEEN CHILD EVANGELISM FELLOWSHIP OF EAST TEXAS,INC.AND THE CITY OF FORT WORTH THIS FIRST RENEWAL AND SECOND AMENDMENT("First Renewal and 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 CHILD EVANGELISM FELLOWSHIP OF EAST TEXAS, INC. a chapter of Child Evangelism Fellowship, an international interdenominational Christian nonprofit organization("Provider"). WHEREAS, City and Provider are parties to an agreement, City Secretary Contract No. 50698, that permits Provider to provide certain classes, workshops, seminars, or activities at various community centers owned and operated by the City("Agreement"); and WHEREAS, on July 24,2018,the Agreement was amended to extend the term of the agreement, to revise the Center(s) at which Provider's programs would be provided and to include several other miscellaneous provisions; and WHEREAS,the parties wish to renew the agreement to expire September 30,2019; and WHEREAS,the parties desire to again revise the Center(s) at which Provider's programs will be provided;and WHEREAS,the parties also desire to amend the Agreement to revise sections related to the scope of services and background screening. NOW,THEREFORE,in consideration of the mutual covenants and agreements contained herein, the City and the Provider do mutually covenant and agree to renew, extend and amend the Agreement as follows: I.RENEWAL The City and Child Evangelism Fellowship of East Texas, Inc. hereby agree to renew and extend the Agreement for a one-year period,effective beginning October 1,2018 and expiring September 30,2019 (Term). This shall be the first of five one-year renewal periods. II. SCOPE OF SERVICES AMENDMENT Exhibit A of the Agreement,which details the Program,Center(s),and Schedule is hereby replaced with the exhibit attached to this First Renewal and Second Amendment as Exhibit A. The attached Exhibit A is hereby incorporated into the Agreement for all purposes and supersedes any prior Exhibit A. All references to Exhibit A in the Agreement shall refer to the attached Exhibit A. III.BACKGROUND SCREENING AMENDMENT Exhibit B of the Agreement,which details the background screening policy is hereby replaced with the exhibit attached to this First Renewal and Second Amendment as Exhibit B. The attached Exhibit B is hereby incorporated into the Agreement for all purposes and supersedes any prior Exhibit B. AJ1 references to Exhibit B in the Agreement shall refer to the attached Exhibit B. [OFFICIAL RECOR® CRETARY ORTH, First Renewal and Amendment to Supplemental Programming Agreement 1 of 7 IV. All terms and conditions of the Agreement that are not expressly amended pursuant to this First Renewal and Amendment shall remain in full force and effect. VI. All terms in this First Renewal and Amendment that are capitalized but not defined shall have the meanings assigned to them in the Agreement. IN WITNESS WHEREOF,the parties hereto have executed this First Renewal and Amendment in multiples in Fort Worth,Tarrant County,Texas,this Jun 21,2019 day of Jun 21,2019 ,2019. CITY OF FORT WORTH: RECOMMENDED BY: pw,BY Fernando costa(Ju 24,2019) BY David Cre) n21,2019) Name: Fernando Costa Name: 'David Creek* Title: Assistant City Manager Title: Acting Director Jun n 24, 2019 ._ F {�T �' Department:Park&Recreation Date: _ *David Creek has been delegated the proper authority to execute this document on behalf of the ATTEST: j _ City pursuant to an Interoffice Memorandum from -A n the City Manager dated May 1,2019. r• By: Mary J.K r(Ju ,2019) Name: Mary J.K �;*er AcJ Title: City Secrett APPROVED AS TO FORM AND LEGALITY: Mla ,Murray By: Mau Murray(Jun 24,2013) Name: Matt Murray Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: No M&C Required. 1295:N/A. CHILD EVANGELISM FELLOWSHIP OF EAST TEXAS, INC.: By: Name: David Nigh Title: Chairman of the Board Date: Jun 19,2019 OFFICIAL RE RD ARY FT, WORTH,TX First Renewal and Amendment to Supplemental Programming Agreement 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. By: Sheri Endsley Jun 19,201 Sheri Endsley District Superintendent,Park&Recreation Department Locations • By: En�z(�01X „ Name: Eric Lopez Acting District Superintendent,Neighborhood Services Department Locations ."erry McDowell By: Jerry McDowell(Jun 19,2019) Jerry McDowell District Superintendent,Park&Recreation Department Locations 'OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX First Renewal and Amendment to Supplemental Programming Agreement 3 of 7 EXHIBIT A PROGRAM DESCRIPTION, CENTER(S),AND SCHEDULE PROGRAM: 5 Day Clubs PROGRAM DESCRIPTION: 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. Center Name Address Dates Start Time End Time Andrew"Doc"Session 201 S. Sylvania(761 11) Mon, 7/1-7/29 3:00 PM 4:00 PM Chisolm Trail 4936 McPherson Blvd.(76123) Week 6/24-6/29 3:15 PM 4:15 PM Como 4900 Horne St.(76107) Tues. 7/9-8/6 3:00 PM 4:00 PM Diamond Hill 1701 NE 37th St.(76106) Fri. 7/5-8/2 3:00 PM 4:00 PM Eugene McCray 4932 Wilbarger St.(76119) Thurs. 6/27-8/2 3:00 PM 4:00 PM Fire Station 1601 Lipscomb(76104) Wed.6,126-7/24 3:30 PM 4:30 PM Greenbriar 5200 Hemphill(76115) Fri.6128-7/26 3:00 PM 4:00 PM Handley Meadowbrook 6201 Beaty(76112) Mon. 7/1-7/29 3:15 PM 4:15 PM Highland Hills 1600 Glasgow Rd. (76134) Week 7/8-7/10 3:00 PM 4:00 PM Hillside 1201 E.Maddox(76104) Thurs. 6/20-7/25 3:15 PM 4:15 PM Martin Luther King(Freedom 5565 Truman Dr. (76112) Center) Tues.7/2-7/30 3:15 PM 4:15 PM 2950 Roosevelt Ave.(76106) North Tri-Ethnic Thurs. 6/27-8/1 3:00 PM 4:00 PM 1801 Harrington(76106) Northside Tues.7/9-8/6 3:15 PM 4:15 PM R.D.Evans 3242 Lackland Rd.(76116) Mon 6/17-7/15 3:00 PM 4:00 PM Riverside 3700 E.Belknap(76111) Mon. /8-8/5 3:00 PM 4:00 PM Southside 959 E.Rosedale(76104) Wed.7✓10-8/7 3:00 PM 4:00 PM Southwest 6300 Welch Ave.(76133) Wed. 6/19-7/17 3:00 PM 4:00 PM Sycamore 2525 E.Rosedale(76105) Tues. 7/9-8/6 3:00 PM 4:00 PM Thomas Place 4237 Lafayette Ave. (76107) Mon.7/8-8/5 3:30 PM 4:30 PM Victory Forest 3427 Hemphill St.(76110) Mon.6/117-7/15 3:00 PM 4:00 PM 3551 New York Ave. Worth Heights (761 10) Tues.7/9-8/6 3:00 PM 4:00 PM First Renewal and Amendment to Supplemental Programming Agreement 4 of 7 EXHIBIT B 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: I. 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: I. 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: I. 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 not to 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 whether through 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 beneficial in expanding the search across the country but should not be used as a standalone source background screening. 6. Sex Offender Registry conducts a search of the appropriate state sex offender registries First Renewal and Amendment to Supplemental Programming Agreement 5 of 7 based on the address history. 7. Timely Results should be returned within ten(10)business clays 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: L 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 a 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 i ncreased responsibility. D. Background screening exceptions include one-time public events where volunteers would not be working with vulnerable populations or one-time public everts 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. IL 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 subject to background screenings per this policy(Section I.D.)will be required to have individual applications and screenings for each volunteer. 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. c. The recommended criteria for exclusion serve as a minimum qualification;however, depending on the activity position,volunteers mhy 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. d. Applicants with questions regarding their background screening results shall set First Renewal and Amendment to Supplemental Programming Agreement 6 of 7 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 a credentialed 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 a Child,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 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 does not meet the criteria for disqualification as listed above,the individual wouldthen be cleared and reinstated. First Renewal and Amendment to Supplemental Programming Agreement 7 of 7