HomeMy WebLinkAboutContract 55335 CSC No.55335
PROGRAM PROVIDER AGREEMENT
This PROGRAM PROVIDER AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH("City"),a bome-rule municipal corporation of the State of Texas,
acting by and through its duly authorized representative,and FAMILY PATHFINDERS OF TARRANT
COUNTY ("Provider"), a domestic non-profit corporation, acting by and through its duly authorized
representative Kathryn Arnold. City and Provider may be individually referred to as a "party" or
collectively as the"parties."
WHEREAS, on August 28,2019,City entered into a grant agreement entitled"Fund for Cities of
Service, Inc. Cities of Service City Hall, AmeriCorps Experience Matters Grant Agreement", CSC NO.
52705, (the "Grant Agreement"). The purpose of the Grant Agreement being the establishment of a local
project under the Corporation for National and Community Service's AmeriCorps VISTA program and
the terms of providing City with grant funds in the amount of$25,000;
WHEREAS, Cities of Service later determined that the City was eligible to receive an additional
$5,000.00 in grant funds for a total award of$30,000(the "Grant Funds");
WHEREAS, the program is designed to focus on financial empowerment to assist vulnerable
households and communities with low incomes that have been targets of fraudulent and predatory financial
products and services;
WHEREAS,pursuant to the terms of the Grant Agreement,the Grant Funds must be dedicated to
the materials and costs required for the above described initiatives and expended or committed for those
purposes by the last day of service of the last VISTA member placed at the City;
WHEREAS, on September 21, 2020, Cities of Service extended the grant program with the City
until April 30,2021 and the deadline to submit final narrative,metrics, and final reports by May 30, 2021.
WHEREAS, on February 4, 2021, Cities of Service extended the termination date of the grant
program to March 31,2022,to allow the City to spend all remaining funds.
WHEREAS, due to the impact of COVID-19,residents of the City have suffered financially and
depleted their savings and emergency funds with many non-profit organizations now focused on housing
and food;
WHEREAS, by this Agreement, City and Provider will implement a Match Savings Program
("Savings Program") to encourage residents to save and become financially empowered when an
unexpected expense occurs; and
WHEREAS, City and Provider believe encouraging City residents to save provides financial
security and education as intended by the Grant Agreement with Cities of Service.
NOW, THEREFORE, in consideration of the covenants and agreements contained in this
Agreement, City and Provider hereby agree as follows:
OFFICIAL RECORD
SECTION 1 CITY SECRETARY
TERM OF AGREEMENT FT. WORTH, TX
1.1 Unless terminated earlier pursuant to the terms herein, the term of this Agreement shall
begin on January 1,2021 and expire on March 31, 2022 ("Term").
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SECTION 2
FEES AND PAYMENT
2.1 City shall pay Provider a fee not to exceed the amount of$13,000.00 for the Match.Savings
Program and Program materials. $6,500 total will be given for each program cycle (Session 1: January—
June 2021) and (Session 2: July= December 2021) with a breakdown of$6,000 for the Match Savings
Program and$500 for Program Materials. City will pay these funds to Provider within 60 days of execution
of this Agreement.The City shall not be liable for any additional amount not specified by this Agreement
unless the City first approves such expenses in writing.
SECTION 3
DUTIES AND RESPONSIBILITIES
In addition to any other duties and responsibilities set forth in this Agreement,Provider shall:
3.1 Ensure all eligibility requirements, as outlined in this Agreement, are met by individuals
and residents participating in the Savings Program("Program Participants");
3.2 Conduct individual and group financial coaching sessions for Program Participants that
meet the Savings Program requirements and ensure each Program Participant attends all four(4) sessions,
as required to be eligible for the match savings of the Savings Program;
3.3 Render match savings amount to financial institutions based on the amount the Program
Participant saved with a maximum amount not to exceed $200.00;
3.4 Track all metrics required for all volunteers and Program Participants of the Savings
Program, as applicable, including but not limited to the following: first name, last name, email address,
zip code, gender, age, race, marital status, match amount, savings account beginning balance and final
balance, date of match incentive,referral source,#of volunteers aged 50 or older recruited,#of volunteers
aged 50 or older trained as coaches, # of volunteers aged 50 or older new to financial coaching, # of
volunteers aged 50 or older experienced with financial coaching.
3.5 Provider shall conduct training to volunteers which will include review of financial topics,
client engagement, and virtual service delivery.
3.6 Provider shall demonstrate a high level of professionalism at all times. Provider's conduct
should be above reproach in all dealings with the community, participants, and staff. Provider 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
Provider's compliance with this section.
3.7 City will pay funds to Provider to meet the Savings Program goal of a$1 match for every
$1 placed into a savings account by Program Participants with a maximum of$200.00 for each Program
Participant. In no event will City's obligation to pay funds under this Agreement exceed the total amount
described in Section 2 above.
SECTION 4
PROGRAM REQUIREMENTS
4.1 The following requirements apply to the Savings Program and the Program Participants:
• Program Participants will be selected on a first come, first serve basis;
• Program Participants must be a resident of Tarrant County;
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• Program Participants must be 16 years of age or older;
• Program Participants establish and provide proof of a savings account with a financial
institution;
• Program Participants must attend four(4) financial coaching sessions (group or
individual)with Pathfinders (http://www.pathfmderste.org/eventeatendar)
• Program Participants must participate in the program January 2021 —June 2021; July
2021 —December 2021
• Provider will provide a certificate of completion to all Program Participants who
successfully complete the Savings Program; and
• Payment of match savings will be rendered via ACH to the bank by Provider.
SECTION 5
FORCE MAJEURE
5.1 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; pandemics and 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 Parry's reasonable control (collectively, "Force Majeure Event"), the
obligations so affected by such Force Majeure Event will be suspended only during the continuance of
such event. If a Force Majeure Event occurs, the City may, in its sole discretion, close or postpone the
opening of its community centers,parks, or other City-owned and operated properties and facilities in the
interest of public safety and operate them as the City sees fit. Provider hereby waives any claims it may
have against the City for damages resulting from any such Force Majeure Event.
SECTION 6
LIABILITY AND INDEMNIFICATION
6.1 PROVIDER SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL
DAMAGES,INCLUDING,BUT NOT LIMITED TO,PROPERTY LOSS,PROPERTY DAMAGE
AND PERSONAL INJURY, OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, TO THE EXTENT CAUSED BY THE ACTS OR OMISSIONS OF PROVIDER, OR
ITS DIRECTORS,OFFICERS,REPRESENTATIVES,AGENTS,SERVANTS,CONTRACTORS,
EMPLOYEES,PATRONS,GUESTS,INVITEES,OR PROGRAM PARTICIPANTS. PROVIDER
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.
6.2 INDEMNIFICATION — PROVIDER, AT ITS SOLE COST AND EXPENSE,
AGREES TO AND DOES HEREBY DEFEND, INDEMNIFY, PROTECT, AND HOLD
HARMLESS CITY AND CITY'S OFFICERS, REPRESENTATIVES, AGENTS, EMPLOYEES,
AND SERVANTS (COLLECTIVELY, "INDEMNITEES") FOR, FROM AND AGAINST ANY
AND ALL CLAIMS,LIABILITIES,DAMAGES,LOSSES,LIENS,CAUSES OF ACTION,SUITS,
JUDGMENTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, COURT COSTS,
ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OF ANY NATURE, KIND OR
Program Provider Agreement 3 of 11
DESCRIPTION ARISING OR ALLEGED TO ARISE BY REASON OF INJURY TO OR DEATH
OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY (1) RELATING TO THE USE
OR OCCUPANCY OF THE CENTER BY PROVIDER OR ANY OF ITS OFFICERS,
REPRESENTATIVES, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, PATRONS,
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 ONIISSION ON THE PART OF
PROVIDER 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 PROVIDER; OR (3) BY ANY
BREACH, VIOLATION OR NONPERFORMANCE OF ANY COVENANT OF PROVIDER
UNDER THIS AGREEMENT(COLLECTIVELY, "LIABILITIES").
6.3 If any action or proceeding shall be brought by or against the City in connection with any
such liability or claim,Provider, on notice from City, shall defend such action or proceeding at Provider's
expense, by or through attorneys reasonably satisfactory to City.
6.4 It is agreed with respect to any legal limitations now or hereafter in effect and affecting
the validity or enforceability of the indemnification obligations under this Section, such legal limitations
are made a part of the indemnification obligation and shall operate to amend the indemnification obligation
to the minimum extent necessary to bring the provision into conformity with the requirements of such
limitations, and as so modified,the indemnification obligation shall continue in full force and effect.
6.5 Provider agrees to notify City promptly upon the receipt of any claim or lawsuit brought
in connection with any injury, death, or damages on the Center. Provider agrees to make its officers,
representatives, agents, and employees available to City, at all reasonable times, for any statements and
case preparation necessary for the defense of any claims or litigation for which City may be responsible
hereunder.
SECTION 7
INSURANCE REQUIREMENTS
7.1 Provider shall abide by the insurance requirements set forth in Exhibit A,which is attached
hereto and incorporated herein for all purposes.
SECTION 8
AUDIT
8.1 Provider 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 Provider involving transactions relating to this Agreement.
Provider agrees that the City shall have access during normal working hours to all necessary Provider
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 Provider reasonable advance notice of
intended audits.
8.2 Provider 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
Program Provider Agreement 4 of 11
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 9
TERNIINATION
9.1 Termination by Provider. This Agreement may be terminated without cause by Provider
upon thirty(30) days written notice of such intent to terminate being delivered to the City.
9.2 Termination by City. This Agreement may be terminated without cause by City
immediately upon written notice to Provider of such intent to terminate.
9.3 Fiscal Funding;Out. Notwithstanding anything to the contrary, if, for any reason, at any
time during the term of the Agreement, the Fort Worth City Council fails to appropriate funds sufficient
for the City to fulfill its obligations under this Agreement, the City may terminate the portion of the
Agreement regarding such obligations to be effective on the later of(i)ninety(90)calendar days following
delivery by the City to Agreement of written notice of the City's intention to terminate or(ii)the last date
for which funding has been appropriated by the Fort Worth City Council for the purposes set forth in this
Contract.
9.4 Other Remedies. Any termination of this Agreement as provided in this Agreement will
not relieve Provider from paying any sum or sums due and payable to City under this Agreement that
remains unpaid and due at the time of termination, or any claim for damages then or previously accruing
against Provider under this Agreement. Any such termination will not prevent City from enforcing the
payment of any such sum or sums or claim for damages by any remedy provided for by law, or from
recovering damages from Provider for any default under the Agreement. All City's rights, options, and
remedies under this Agreement will be construed to be cumulative,and not one of them is exclusive of the
other. City may pursue any or all such remedies or any other remedy or relief provided by law, whether
or not stated in this Agreement. No such termination shall relieve City from any obligation it may have to
Provider hereunder and City may pursue any and all rights and remedies or relief provided by law,whether
or not stated in this Agreement.
SECTION 10
NOTICES
10.1 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: PROVIDER:
City of Fort Worth Pathfinders
Victor Turner Kathryn Arnold
Neighborhood Services Director Chief Executive Officer
908 Monroe St. 6550 Camp Bowie Blvd, Suite 111
Fort Worth, Texas 76102 Fort Worth, TX 76116
With copy to:
Program Provider Agreement 5 of 11
City of Fort Worth
Attn: Assistant City Attorney,
Assistant City Manager,and
Neighborhood Services Director
200 Texas Street
Fort Worth,Texas 76102
Or to such other address as such party may hereafter designate by notice in writing addressed and mailed
or delivered to the other party hereto.
SECTION I
NONDISCRIMINATION
11.1 Provider shall not engage in any unlawful discrimination based on race, creed, color,
national origin, sex, age, religion, disability, marital status, citizenship status, sexual orientation or any
other prohibited criteria in any employment decisions relating to this Agreement, and Provider represents
and warrants that to the extent required by applicable laws, it is an equal opportunity employer and shall
comply with all applicable laws and regulations in any employment decisions.
SECTION 12
VENUE AND CHOICE OF LAW
12.1 Provider and City agree that this Agreement shall be construed in accordance with the
laws of the State of Texas. If any action, whether real or asserted, at law or in equity, arises on the basis
of any provision of this Agreement,venue for such action shall lie in state courts located in Tarrant County,
Texas or the United States District Court for the Northern District of Texas—Fort Worth Division.
SECTION 13
THIRD-PARTY RIGHTS AND ASSIGNMENTS
13.1 The provisions and conditions of this Agreement are solely for the benefit of the City and
Provider, and any lawful assign or successor of Provider, and are not intended to create any rights,
contractual or otherwise,to any other person or entity.
13.2 Provider agrees that it will not subcontract or assign all or any part of its rights,privileges
or duties hereunder without the prior written consent of the City, and any attempted subcontract or
assignment of same without such prior consent of the City shall be void.
SECTION 14
BINDING COVENANTS
14.1 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 15
INDEPENDENT CONTRACTOR
15.1 It is expressly understood and agreed that Provider 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
Program Provider Agreement 6 of 11
of this Agreement, Provider shall have the exclusive right to control the details of its operations and
activities and be solely responsible for the acts and omissions of its employees, representative, agents,
servants, officers,contractors, subcontractors,and volunteers. Provider acknowledges that the doctrine of
respondeat superior shall not apply as between the City and its officers, representatives, agents, servants
and employees, and Provider and its employees, representative, agents, servants, officers, contractors,
subcontractors, and volunteers. Provider further agrees that nothing herein shall be construed as the
creation of a partnership or joint enterprise between City and Provider. It is further understood that the
City shall in no way be considered a Co-employer or a Joint employer of Provider or any employees,
representative, agents, servants, officers, contractors, subcontractors, and volunteers of Provider. Neither
Provider, nor any officers, agents, servants, employees or subcontractors of Provider shall be entitled to
any employment benefits from the City. Provider 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 16
AMENDMENTS CAPTIONS AND INTERPRETATION
16.1 Except as otheiv6se provided in this Agreement, the terms and provisions of this
Agreement may not be modified or amended except upon the written consent of both the City and Provider.
Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a
part of this Agreement. In the event of any dispute over the meaning or application of any provision of
this Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more strongly for
or against any party, regardless of the actual drafter of this Agreement.
SECTION 17
GOVERNMENTAL POWERS AND IMMUNITIES
17.1 It is understood that by execution of this Agreement,the City does not waive or surrender
any of its governmental powers or immunities.
SECTION 18
AUTHORIZATION AND COUNTERPARTS AND ELECTRONIC SIGNATURES
18.1 By executing this Agreement, Provider's agent affirms that he or she is authorized by
Provider or its general partner to execute this Agreement and that all representations made herein with
regard to Provider's identity, address,and legal status are true and correct.
18.2 This Agreement may be executed in several counterparts, each of which will be deemed
an original,but all of which together will constitute one and the same instrument. A signature received via
facsimile or electronically via email shall be as legally binding for all purposes as an original signature.
SECTION 19
SEVERABILLITY AND NO WAIVER
19.1 It is agreed that in the event any covenant, condition or provision herein contained is held
to be invalid by any court of competent jurisdiction,the invalidity of such covenant,condition or provision
shall in no way affect any other covenant, condition or provision does not materially prejudice either
Provider or City in connection with the right and obligations contained in the valid covenants, conditions
or provisions of this Agreement.
19.2 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 parry's right to
insist upon appropriate performance or to assert any such right on any future occasion.
Program Provider Agreement 7 of I
SECTION 20
COMPLIANCE WITH LAWS
20.1 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. If City notifies Provider or any of its officers, agents, employees, contractors, subcontractors,
licensees, volunteers, or invitees of any violation of such taws, ordinances, rules or regulations, Provider
shall immediately desist from and correct the violation.
SECTION 21
SOLE AGREEMENT
21.1 This Agreement, including any exhibits attached hereto and any documents incorporated
herein, contains the entire understanding and agreement between the City and Provider, and any lawful
assign and successor of Provider, as to the matters contained herein. Any prior or contemporaneous oral
or written agreement is hereby declared null and void to the extent in conflict with any provision of this
Agreement.
SECTION 22
IMMIGRATION NATIONALITY ACT
22.1 Provider shall verify the identity and employment eligibility of its employees who perform
work under this Agreement, including completing the Employment Eligibility Verification Form (I-
9). Upon request by City,Provider shall provide City with copies of all 1-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Provider 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 Provider employee who is not legally eligible to perform such services. PROVIDER
SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY PROVIDER,
PROVIDER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon
written notice to Provider, shall have the right to immediately terminate this Agreement for violations of
this provision by Provider.
SECTION 23
BOYCOTTING ISRAEL PROHIBITED
23.1 If Provider has fewer than 10 employees or the Agreement is for less than $100,000, this
section 28.1 does not apply. Provider acknowledges that in accordance with Chapter 2270 of the Texas
Government Code, 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: (I)does not boycott Israel; and
(2)will not boycott Israel during the tern 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 Addendum, Provider certifies that Provider's signature provides written verification to City that
Provider. (I) does not boycott Israel; and(2) will not boycott Israel during the term of the Agreement.
[SIGNATURE PAGE FOLLOWS]
Program Provider Agreement 8 of 11
IN WITNESS WHEREOF, the parties have executed this Agreement in multiples in Tarrant
County,Fort Worth,Texas.
EXECUTED to be effective on the date set forth in Section 3.
City: Pathfinders:
Name: Victor Turner ` 9 �9-41
Title: Director,Neighborhood Services Dept. By:
*Victor Turner has been delegated authority to
execute this agreement on behalf of the City. Name: Kathryn Arnold
Title: Chief Executive Officer
Date: Feb 23,2021
Date: February 16, 2021
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended: Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all
By: I A performance and reporting requirements.
Name: Sonia Singleton
Title: Assistant Director,oeiborhood
Services Dept. � J
By:
Name: Shauna Shepherd
Approved as to Form and Legality: Title: Customer Solutions Analyst
City Secretary: oob4�nn��
By: �. — O F�Rr
F4��
Name: Taylor C. Paris o° o��dd
Title: Assistant City Attorney
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Name: Mary Kayser °°°o°°°°°°°° p
Contract Authorization: Title: City Secretary �a�nFXpSo�o
M&C: 19-0017
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Program Provider Agreement 9 of 11
EXHIBIT A
INSURANCE
1. Provider's Insurance. Provider shall provide the City with certificate(s) of insurance
documenting policies of the following minimum coverage limits that are to be in effect prior to
commencement of any work pursuant to this Contract. Provider has an ongoing duty to provide the City
with an annual certificate of insurance to evidence coverage. Such insurance shall cover all insurable risks
incident to or in connection with the execution,performance, attempted performance, or nonperformance
of this Contract. Provider shall maintain the following coverage(s)and limits thereof:
1.1 Coverazes and Limits
i. Commercial General Liability(CGL)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
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. 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 Iimit
C. Provider shall not be required to carry the required workers'
compensation insurance if Provider does not employ at least one full
time employee.
1.2 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
Provider shall revise such amounts within thirty (30) calendar days
following notice to Provider of such requirements.
ii. Where applicable, insurance policies required herein shall be endorsed to
include City as an additional insured as its interest may
appear. Additional insured parties shall include employees,
representatives, officers, agents, and volunteers of City.
iii. 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. Provider shall maintain
coverages, if applicable.
Program Provider Agreement 10 of It
iv. Any failure on part of City to request certificate(s) of insurance shall not
be construed as a waiver of such requirement or as a waiver of the
insurance requirements themselves.
V. Insurers of Provider's insurance policies shall be licensed to do business
in the state of Texas by the Department of Insurance or be otherwise
eligible and authorized to do business in the state of Texas. Insurers shall
be acceptable to City insofar as their financial strength and solvency and
each such company shall have a current minimum A.M. Best Key Rating
Guide rating of A-: VII or other equivalent insurance industry standard
rating otherwise approved by City.
vi. Unless otherwise stated herein or approved by City, deductible limits on
insurance policies shall not exceed$10,000 per occurrence.
vii. In the event there are any local, federal or other regulatory insurance or
bonding requirements for Provider's operations, and such requirements
exceed those specified herein,the former shall prevail.
viii. Provider shall contact the NSD Director or Park Director, as applicable,
to determine whether any contractors or subcontractors will need to
provide insurance.
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