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HomeMy WebLinkAboutContract 50870 CITY SECRETARY CONTRACT NO. _ O 11 `ZO WORKSITE TRAINING AGREEMENT 2018 GOODWILL SUMMER YOUTH WORK PROGRAM This"pFE C��A SITE TRAINING AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by and through Valerie R. Washington, its duly authorized Assistant City Manager, and GOODWILL INDUSTRIES OF FORT WORTH, INC, ("Employer"), a Non-Profit, and acting by and through Bobbie Hodges, its duly authorized Senior Director of Workforce Development(WFD), each individually referred to as a"party"and collectively referred to as the"parties." WHEREAS, Employer conducts the Summer Earn and Learn Work Experience Program("Program") in order to provide opportunities to students with disabilities ("participants") the opportunity to participate in paid work experience opportunities in conjunction with employability skills training during the summer; and WHEREAS, City believes that certain opportunities exist within the City to provide a worksite for these students to participate in the Program; and WHEREAS, Employer and City believe that executing this agreement will provide a meaningful opportunity for a number of students while raising awareness of City functions and the programs offered by Employer. NOW THEREFORE,Employer and City hereby enter into the following Agreement: AGREEMENT DOCUMENTS: The Agreement documents shall include the following: 1. This Worksite Training Agreement; 2. Exhibit A—Scope of Work; 3. Exhibit B—Verification of Signature Authority Form; and 4. Exhibit C—Participant Waiver Exhibits A, B and C, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B or C and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. As a condition precedent to this agreement,both Parties agree that it is made based on a good and valuable consideration. For the City's performance in accordance with this Agreement, City recognizes that Employer is providing a valuable resource to Fort Worth Citizens with disabilities. The City recognizes that this will help enrich the citizenry of Fort Worth and further its purpose of making Fort Worth the most livable City in the Country. For Employer's performance in accordance with this Agreement,Employer recognizes that City is providing a necessary resource in order for Employer to carry out its program and without City's participation these participants would not have the opportunity to participate. 1. SCOPE OF SERVICES. City will allow up to ten participants to engage in specific activities and assignments within the Municipal Court in accordance with this Agreement. Exhibit "A," - Scope of Services more specifically describes the services to be provided hereunder. OFFICIAL REt4ORD Professional Services Agreement Page 1 of 17 FT WORTH ` 2. TERM. This Agreement shall begin on June 4, 2018 ("Effective Date") and shall expire on September 1, 2018 ("Expiration Date"),unless terminated earlier in accordance with this Agreement("Initial Term"). 3. COMPENSATION. Neither Party shall owe any amount of money for any reason whatsoever to the other Party for services rendered in connection with this Agreement. City shall not be liable nor owe any payment, fee, cost, penalty, or money for any other reason whatsoever to Employer or any participant in Employer's program who performs any services in connection with this agreement. Employer shall be solely responsible for any payment, cost, fee, or other benefit provided to the participants in its Program and who provide services in connection with this Agreement. 4. TERMINATION. 4.1. Written Notice. City or Employer may terminate this Agreement at any time and for any reason by providing the other party with 30 days' written notice of termination without any penalty of any kind. 4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Employer of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, all services in connection with this Agreement shall stop immediately. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 5.1 Disclosure of Conflicts. Employer hereby warrants to City that Employer has made full disclosure in writing of any existing or potential conflicts of interest related to Employer's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Employer hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information. Employer, for itself and its officers, agents and employees, agrees that it shall treat all infonnation provided to it by City ("City Information") as confidential and shall not disclose any such information to a third party without the prior written approval of City. 5.3 Unauthorized Access. Employer shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Employer shall notify City immediately if the security or integrity of any City Information has been comproinised or is believed to have been compromised, in which event, Employer shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. Professional Services Agreement Page 2 of 17 6. RIGHT TO AUDIT. Employer agrees that City shall, until the expiration of three (3) years after final payment under this contract, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents,papers and records, including, but not limited to, all electronic records, of Employer involving transactions relating to this Agreement at no additional cost to City. Employer agrees that City shall have access during normal working hours to all necessary Employer facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Employer reasonable advance notice of intended audits. 7. INDEPENDENT EMPLOYER. It is expressly understood and agreed that Employer and all participants in Employer's Program shall operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Employer 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 officers, agents, participants, servants, employees, consultants and subcontractors. Employer acknowledges that the doctrine of respondeat superior shall not apply as between City, its officers, agents, servants and employees, and Employer, its officers, agents, participants, employees, servants, contractors and subcontractors. Employer further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Employer. It is further understood that City shall in no way be considered a Co-employer or a Joint employer of Employer or any officers, agents, participants, servants, employees or subcontractors of Employer. Neither Employer, nor any officers, agents, participants, servants, employees or subcontractors of Employer shall be entitled to any employment benefits from City. Employer shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, participants, servants, employees or subcontractors. 8. LIABILITY AND INDEMNIFICATION. 8.1 LIABILITY - EMPLOYER SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PR OPER TYDAMAGEAND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY RIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF EMPLOYER, ITS OFFICERS, PARTICIPANTS,AGENTS,SERVANTS OR EMPLOYEES. 8.2 GENERAL INDEMNIFICATION - EMPLOYER HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR PROPERTYDAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO EMPLOYER'S BUSINESS AND ANY RESULTING LOST PROFITS), CONTRACTUAL DISPUTES FROM PARTICIPANTS, AND/OR PERSONAL INJURY,INCLUDING DEATH, TO ANY AND ALL PERSONS,ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF EMPLOYER, ITS OFFICERS, AGENTS, PARTICIPANTS,SERVANTS OR EMPLOYEES. Professional Services Agreement Page 3 of 17 9. ASSIGNMENT AND SUBCONTRACTING. 9.1 Assignment. Employer shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee shall execute a written agreement with City and Employer under which the assignee agrees to be bound by the duties and obligations of Employer under this Agreement. Employer and Assignee shall be jointly liable for all obligations of Employer under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract, subcontractor shall execute a written agreement with Employer referencing this Agreement under which subcontractor shall agree to be bound by the duties and obligations of Employer under this Agreement as such duties and obligations may apply. Employer shall provide City with a fully executed copy of any such subcontract. 10. INSURANCE. Employer shall provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: 10.1 Coverage and Limits (a) Commercial General Liability: $1,000,000- Each Occurrence $2,000,000- Aggregate (b) Automobile Liability: $1,000,000- Each occurrence on a combined single limit basis Coverage shall be on any vehicle used by Employer, its employees, agents, representatives in the course of providing services under this Agreement. "Any vehicle"shall be any vehicle owned,hired and non-owned. (c) Worker's Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the work is being performed Employers' liability $100,000- Bodily Injury by accident; each accident/occurrence $100,000- Bodily Injury by disease; each employee $500,000 - Bodily Injury by disease;policy limit (d) Professional Liability(Errors &Omissions): $1,000,000- Each Claim Limit $1,000,000- Aggregate Limit Professional Services Agreement Page 4 of 17 Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be claims-made, and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance shall be submitted to City to evidence coverage. 10.2 General Requirements (a) The commercial general liability and automobile liability policies shall name City as an additional insured thereon, as its interests may appear.The term City shall include its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers' compensation policy shall include a Waiver of Subrogation (Right of Recovery) in favor of City. (c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage shall be provided to City.Ten (10) days' notice shall be acceptable in the event of non-payment of premium.Notice shall be sent to the Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102, with copies to the Fort Worth City Attorney at the same address. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required,written approval of Risk Management is required. (e) Any failure on the part of City to request required insurance documentation shall not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that Employer has obtained all required insurance shall be delivered to the City prior to Employer proceeding with any work pursuant to this Agreement. 11. COMPLIANCE WITH LAWS,ORDINANCES,RULES AND REGULATIONS. Employer agrees that in the performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws, ordinances,rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Employer of any violation of such laws, ordinances, rules or regulations, Employer shall immediately desist from and correct the violation. Professional Services Agreement Page 5 of 17 12. NON-DISCRIMINATION COVENANT. Employer, for itself, its personal representatives, participants, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Employer's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY EMPLOYER, ITS PERSONAL REPRESENTATIVES, PARTICIPANTS, ASSIGNS, SUBEMPLOYERSS OR SUCCESSORS IN INTEREST, EMPLOYER AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: To EMPLOYER: City of Fort Worth Goodwill Industries of Fort Worth, INC,. Attn: Valerie R. Washington, Attn: Bobbie Hodges, Assistant City Manager Sr. Director of WFD 200 Texas Street PO Box 15520/4005 Campus Drive Fort Worth, TX 76102-6314 Fort Worth,Texas 76119 Facsimile: (817) 392-8654 Facsimile: 817-536-8806 With copy to Fort Worth City Attorney's Office at same address 14. SOLICITATION OF EMPLOYEES. Neither City nor Employer shall, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent Employer , any person who is or has been employed by the other during the teen of this Agreement, without the prior written consent of the person's employer.Notwithstanding the foregoing, this provision shall not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. 15. GOVERNMENTAL POWERS. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. Professional Services Agreement Page 6 of 17 16. NO WAIVER. The failure of City or Employer to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Employer's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. GOVERNING LAW/VENUE. 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, is brought pursuant to 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. 18. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 19. FORCE MAJEURE. City and Employer shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority,transportation problems and/or any other similar causes. 20. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only,shall not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 21. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or Exhibits A, B, and C. 22. AMENDMENTS/MODIFICATIONS/EXTENSIONS. No amendment,modification,or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument,which is executed by an authorized representative of each party. 23. ENTIRETY OF AGREEMENT. This Agreement, including Exhibits A, B and C, contains the entire understanding and agreement between City and Employer, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in Professional Services Agreement Page 7 of 17 conflict with any provision of this Agreement. Nothing herein is intended and should not be construed to create any third-party beneficiaries to this Agreement. 24. COUNTERPARTS. This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. 25. IMMIGRATION NATIONALITY ACT. Employer 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, Employer shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Employer 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 Employer employee who is not legally eligible to perform such services. EMPLOYER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY EMPLOYER, EMPLOYER'S EMPLOYEES, SUBCONTRACTORS,AGENTS, OR LICENSEES. City, upon written notice to Employer, shall have the right to immediately tenninate this Agreement for violations of this provision by Employer. 26. OWNERSHIP OF WORK PRODUCT. City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City shall be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product shall be considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended, Employer hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim, lien for balance due, or rights of retention thereto on the part of City. 28. SIGNATURE AUTHORITY. The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto, may be executed by any authorized representative of Employer whose name, title and signature is affixed on the Verification of Signature Authority Foran, which is attached hereto as Exhibit "C". Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. Professional Services Agreement Page 8 of 17 29. CHANGE IN COMPANY NAME OR OWNERSHIP Employer shall notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of Employer or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 30. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL Employer 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,Employer certifies that Employer's signature provides written verification to the City that Employer: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. (signature page follows) Professional Services Agreement Page 9 of 17 IN TNESS WHERE F, the parties hereto have executed this Agreement in multiples this `day of 201X ACCEPTED AND AGREED: CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this By. contract,including ensuring all performance and Name: Valerie R.Washington reporting requirements. Title: -yAssistant City Manager Date: _ Q l l By: RarnlF Leah M.Hu APPROVAL RECOMMENDED: Title: Assistant Municipal Court Director APPROVED AS TO FORM AND LEGALITY: By: Name: Theresa A. By: Title: (hurt Director ie ATTEST- si i ty Attorney ^ CONTRACT AUTHORIZATION: M&C: N/A �. 1295: N/A By: jyarMary J. Kayser �ORPk City Secretary C) EMPLOYER: �XAS ATTEST: c By: By: ��nL44)jtj Name: Bobbie Hodges Name: Romney Guy Title- Sr. Director of WFD Title: Vice Preside t of WFD Date: (p CITY SECRETARY FT.WORTH,TX Professional Services Agreement Page 10 of 17 EXHIBIT A SCOPE OF SERVICES A. Worksite availability: 1. Duties/Assignments will include but are not limited to those identified in in this Exhibit. 2. Student placement will be based upon identified needs and not exceed 10 participants. 3. All work shall take place at either the A.D. Marshall Public Safety&Courts Building, 1000 Throckmorton Street, Fort Worth,Texas 76021 or the Southwest Municipal Court 3741 Southwest loop 820, Fort Worth Texas 76133. B. City requirements prior to participant's arrival: 1. Unless Participant has been completed all CJIS requirements, the Participant must be escorted by a City employee at all times when in any secured area—regardless of whether a computer terminal is present. 2. Participant or Participant's legal guardian must provide a signed and notarized waiver included as Exhibit C. C. City's Requirements: 1. City's supervisor(s)/mentor(s)must go through a supervisor's/mentor's orientation prior to any placement. 2. Provide supervision (and if required), safety training,supplies and equipment to perform the work. 3. Record and report work hours using the Youth Work Experience Payroll Timesheet. Submit timesheet to Employer for processing. 4. Evaluate each participant's performance on a daily basis. City will also provide a performance analysis of each participant at the end of the prograin. 5. Contact Employer's contact person when students or training related problems occur. 6. Notify Employer if or when change in supervision occurs. 7. May not assign a participant to perform work that: a.) engages in political patronage, lobbying or other political activities;b.) are of a religious or anti-religious organization;or c.) partake in any tasks not allowed under Child Labor Laws. 8. Must comply with the Non-Traditional Employment Act of 1991. 9. Shall not use a participant to fill a job opening(1)when another individual is on layoff from the same or substantially equivalent job,or(2)when the City has terminated the employment of any regular employee or otherwise reduced its workforce with the intention of filling the vacancy so created by utilizing a participant whose wages are subsidized at current minimum wage level. 10. May not create jobs for participants in a promotional line that will infringe in any way upon the promotional opportunities of currently employed individuals. 11. Shall comply with the Americans with Disabilities Act(ADA), and the Drug Free Work Place Act. 12. A participant shall not participate in activities that occur in a casino or other gambling establishments,aquarium, zoo,golf course,or swimming pool. 13. D. Employee's Requirements 1. Provide group or individual orientation to the City's Direct Supervisor/Mentor and the Alternate Supervisor/Mentor,prior to the assignment of a participant to a work site. Such orientation will include the objectives of the program, supervisory responsibilities,training responsibilities,record keeping and DOL regulations. 2. Use the Trainee's component enrollment and objective assessment results to assist Professional Services Agreement Page 11 of 17 with the student's assignment to a work site training slot. 3. Assign a single point of contact that will assist the City with the identification and resolution of training issues and any questions/concerns. 4. Monitor work sites for compliance with all objectives of the program, supervisor responsibilities,training responsibilities,record keeping, and DOL regulations including Child Labor Laws when applicable. 5. Pay all participant wages, taxes,and all benefits of any kind, if applicable, for the scheduled work hours as stated on the Placement Authorization Form(provided by the participant)and in accordance with current Federal Minimum Wage Regulations.All participants must be paid in accordance with applicable laws and regulations. 6. Maintain a current Worker's Compensation Policy and other required insurance and coverage for all participants (copy of report provided in Supervisor Handbook) 7. Prior to placement, Employer will have each participant or the participant's legal representative,who will be placed with the City to execute a Wavier, as attached as Exhibit C, and will provide the original copy to the City. E. TERMINATION OF PARTICIPANT FROM WORKSITE Participants may be tenninated from the worksite at any time and for any reason whatsoever without any penalty to the City. City will notify Employer of any participant's termination as soon a practicable once the decision has been made by the City. Employer may remove any participant from the worksite at any time for any reason whatsoever without any penalty to Etnployer. Employer will notify City of removal as soon as practicable once the decision has been made by Employer. F. Participant Work Description 1. Work available at 1000 Throckmorton Street, Fort Worth,Texas 76102. Supervised by Selena Ala, Shannon James, or Andria Crater. ■ Lobby Information Desk: Filing, light lifting, typing,photo copying, inventory of items needed at desk, answer phones,and fill in at lunch& customer service. ■ Office Assistant for Purchasing, Budget, HR,Accounting,and Adtninistrative functions: Assist with FWISD Summer Internship day preparations,help prepare for meetings, scanning documents, help with furniture disposal project oversight, and help organize supply closet/storage room, fill in at front desk during lunch, answer phones,filing/creating files,typing, &invoice deliveries to City Hall AP office. ■ Courtroom assistant: filing, light lifting, typing, and helping with dockets. 2. Work available at 3741 Southwest loop 820,Fort Worth Texas 76133. Supervised by Jessica Carrillo. ■ Records clerk: filing based on alphabet,sorting and lifting boxes up to twenty- pounds. Professional Services Agreement Page 12 of 17 EXHIBIT B VERIFICATION OF SIGNATURE AUTHORITY BOBBIE HODGES ROMNEY GUY ELIZABETH BUTLER Employer hereby agrees to provide City with independent audit basic financial statements, but also the fair presentation of the financial statements of individual funds. Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Employer and to execute any agreement, amendment or change order on behalf of Employer. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Employer. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Employer. Employer will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Employer. 1. Name: Bobbie Hodges Position: Sr. Director of WFD Si a�ture 2. Name: Romney Guy Posi ' n: vice President of WFD Si tature 3. Nam,Elizabeth Butler sttpt. Vice-President of Human Resources Signature Nanler :ox gnature of President/CEO Other Title: Date: May 30, 2018 Professional Services Agreement Page 13 of 17 EXHIBIT C VERIFICATION OF SIGNATURE AUTHORITY Each Participant who is an adult and legally able will complete a copy of the waiver below and return a signed,notarized original copy to the City prior to beginning any work at the City. CITY OF FORT WORTH WAIVER,RELEASE,AND INDEMNITY AGREEMENT I, , for myself, my heirs and assigns, hereby affirm that I am aware that my participation in the Summer Earn and Learn Work Experience Program ("Program") solely managed by Goodwill Industries of Fort Worth,INC.,but partly taking place at a worksite location owned by the City of Fort Worth ("City") primarily at the A.D. Marshall Public Safety and Municipal Courts Building ("Facility") in Fort Worth, Texas, has inherent risks which may result in serious injury or death. As a condition precedent to participating in the Program and entering onto the City's property, I confirm that I understand and accept all risks, dangers and hazards presented by my participation in the Program, and I am participating in these activities freely and voluntarily. In consideration of being permitted to participate in the Program specifically at a City Facility, I hereby assume all risk of harm and injury to myself and others, as well as to the property of others, which may result from my participation in the Program, regardless of the cause or blame. I agree to act in a reasonable and cautious manner in all aspects of my participation in the Event. Further, I, for myself, my heirs and assigns, in consideration of being able to utilize the Facility and participate in the Program, do hereby FOREVER RELEASE AND WAIVE all claims against the City of Fort Worth, its officers, agents and employees, for injuries, death or property damage which may arise from my use or presence at the Facility. This waiver and release is intended to release and forever discharge the City of Fort Worth,its officers, servants, agents and employees from any and all claims, actions, causes of action, damages, losses or expenses, including attorney's fees whether real or asserted, of every kind or character, arising out of my use of the Facility, including going to and from such Facility. I, for myself, my heirs and assigns, hereby assume the risk of all conditions of the Facility, dangerous or otherwise, all occurrences that may be encountered while using or going to or from such Facility and waive any and all specific notice of the existence of such conditions or occurrences. This waiver is intended to release the City of Fort Worth, its officers, servants, agents and employees even if said injuries, death or other damages are caused in whole or in part by the alleged acts of commission, omission, negligence or fault of the City of Fort Worth, its officers, servants, agents or employees. I, for myself, and my heirs and assigns hereby assume all responsibility and liability for such injuries or damages, including death, and hereby covenant not to sue the entities and parties named above for such injuries or damages. I FURTHER AGREE TO INDEMNIFY AND DEFEND THE CITY AND HOLD THE CITY HARMLESS FROM ALL CLAIMS, TOGETHER WITH ALL COSTS, EXPENSES, AND LEGAL FEES IN DEFENDING ALL CLAIMS DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO MY USE OF THE FACILITY. THIS INDEMNITY PROVISION (INCLUDING, WITHOUT LIMITATION, INDEMNITY FOR COSTS, EXPENSES AND LEGAL FEES) IS SPECIFICALLY INTENDED TO OPERATE AND BE APPLICABLE EVEN IF IT IS ALLEGED OR PROVED THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED AS A WHOLE OR IN PART BY ANY ACT, OMISSION, NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT, INTENTIONAL CONDUCT, VIOLATION OF STATUTE OR COMMON LAW, Professional Services Agreement Page 14 of 17 BREACH OF WARRANTY, PRODUCT DEFECT, STRICT PRODUCT LIABILITY, OR ANY OTHER CONDUCT WHATSOEVER OF THE CITY. I REALIZE THAT BY SIGNING THIS AGREEMENT, I AM GIVING UP MY RIGHT TO SUE THE CITY FOR INJURY, DEATH OR DAMAGE I MAY SUFFER AT THE EVENT. IF ANY COURT FINDS A PORTION OF THIS AGREEMENT TO BE INVALID, THE REMAINDER OF THE AGREEMENT WILL NOT BE AFFECTED. I have read this Waiver, Release, and Indemnity Agreement and fully understand its terms, provisions and conditions. I have not been influenced to any extent whatsoever by any representations or statements not contained within this agreement. Dated this day of ,2018. Participant's Signature Address City, State and Zip Code Telephone State of Texas County of Tarrant This document was acknowledged before me on by Notary Public Date [REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] Professional Services Agreement Page 15 of 17 Each Participant who is either not an adult or otherwise legally unable to complete a waiver individually, will have a legal parent or guardian complete a copy of the waiver below and return a signed,notarized original copy to the City prior to beginning any work at the City. CITY OF FORT WORTH WAIVER,RELEASE,AND INDEMNITY AGREEMENT I, ,on behalf of ,for whom I am a the legal guardian, for myself, , my heirs and assigns, hereby affirm that I am aware that is participation in the Summer Earn and Learn Work Experience Program ("Program") solely managed by Goodwill Industries of Fort Worth, INC.,but partly taking place at a worksite location owned by the City of Fort Worth ("City") primarily at the A.D. Marshall Public Safety and Municipal Courts Building ("Facility") in Fort Worth, Texas, has inherent risks which may result in serious injury or death. As a condition precedent to participating in the Program and entering onto the City's property,I confirm that I understand and accept all risks, dangers and hazards presented by 's participation in the Program, and I am allowing to participate in these activities freely and voluntarily. In consideration of being pennitted to participate in the Program specifically at a City Facility, I hereby assume all risk of harm and injury to , myself and others, as well as to the property of others, which may result from 's participation in the Program, regardless of the cause or blame. I agree to require that act in a reasonable and cautious manner in all aspects of 's participation in the Event. Further, I, for , myself, my heirs and assigns, in consideration of being able to utilize the Facility and participate in the Program, do hereby FOREVER RELEASE AND WAIVE all claims against the City of Fort Worth, its officers, agents and employees, for injuries, death or property damage which may arise from 's use or presence at the Facility. This waiver and release is intended to release and forever discharge the City of Fort Worth, its officers, servants, agents and employees from anv and all claims, actions, causes of action, damages, losses or expenses, including attornev's fees whether real or asserted, of every kind or character,arising out of my use of the Facility,including going to and from such Facility. I, for myself, , my heirs and assigns, hereby assume the risk of all conditions of the Facility, dangerous or otherwise, all occurrences that may be encountered while using or going to or from such Facility and waive any and all specific notice of the existence of such conditions or occurrences. This waiver is intended to release the City of Fort Worth, its officers, servants, agents and employees even if said injuries, death or other damages are caused in whole or in part by the alleged acts of commission, omission, negligence or fault of the Citv of Fort Worth, its officers, servants, agents or employees. I, for myself, , and my heirs and assigns hereby assume all responsibility and liability for such injuries or damages, including death, and hereby covenant not to sue the entities and parties named above for such injuries or damages. I FURTHER AGREE TO INDEMNIFY AND DEFEND THE CITY AND HOLD THE CITY HARMLESS FROM ALL CLAIMS, TOGETHER WITH ALL COSTS, EXPENSES, AND LEGAL FEES IN DEFENDING ALL CLAIMS DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO MY USE OF THE FACILITY. THIS INDEMNITY PROVISION (INCLUDING, WITHOUT LIMITATION, INDEMNITY FOR COSTS, EXPENSES AND LEGAL FEES) IS SPECIFICALLY INTENDED TO OPERATE AND BE APPLICABLE EVEN IF IT IS ALLEGED OR PROVED THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED AS A WHOLE OR IN PART BY ANY ACT, OMISSION, NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT, INTENTIONAL CONDUCT, VIOLATION OF STATUTE OR COMMON LAW, BREACH OF WARRANTY, PRODUCT DEFECT, STRICT PRODUCT LIABILITY, OR ANY Professional Services Agreement Page 16 of 17 OTHER CONDUCT WHATSOEVER OF THE CITY. I REALIZE THAT BY SIGNING THIS AGREEMENT, I AM GIVING UP MY RIGHT TO SUE THE CITY FOR INJURY, DEATH OR DAMAGE I MAY SUFFER AT THE EVENT. IF ANY COURT FINDS A PORTION OF THIS AGREEMENT TO BE INVALID, THE REMAINDER OF THE AGREEMENT WILL NOT BE AFFECTED. I have read this Waiver, Release, and Indemnity Agreement and fully understand its terms, provisions and conditions. I have not been influenced to any extent whatsoever by any representations or statements not contained within this agreement. Dated this day of 12018. Legal Gaurdian's Signature Address City, State and Zip Code Telephone State of Texas County of Tarrant This document was acknowledged before me on by Notary Public Date [REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] Professional Services Agreement Page 17 of 17