HomeMy WebLinkAboutContract 51204 123458
'
ECEiVED CITY SECRETARY
�, CONTRACT NO.
52018
CITY Or FORT WORTH PROGRAM PROVIDER AGREEMENT
CITYSECRETARY
�a THIS PROGRAM PROVIDER AGREEMENT("Agreement")is made and entered into by and
E g t, l; een 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 THE CREATURE TEACHER, LLC., a
domestic limited liability company("Provider").
WHEREAS, City, through its Park & Recreation Department ("Park Department") and
Neighborhood Services Department("NSD"),operates Summer Day Camp and After School Programs to
provide recreational youth programs and activities at its community centers as well as other programs and
Provider wishes to provide supplemental programs for attendees at the City's Summer Day Camp, After
School Program,or other programming.
NOW, THEREFORE, in consideration of the covenants and agreements contained in this
Agreement,City and Provider hereby agree as follows:
SECTION 1
LOCATION,PROGRAM,AND SCHEDULE
1.1 Provider shall provide programs and activities("Program")at the times and City locations
("Center") as agreed upon in writing on the form set forth in Exhibit A, which is attached hereto and
incorporated herein for all purposes("Program"),and which may be executed by the Director of the Park
&Recreation Department or the Director of the Neighborhood Services Department.
SECTION 2
USE OF THE CENTER
2.1 Provider may bring onto the Center any equipment reasonably necessary to further the
Program; provided, however, Provider 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.
2.2 Provider 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. Provider accepts the
Center, AS IS, WHERE IS, AND WITHOUT ANY WARRANTIES OF WHATEVER NATURE,
EXPRESSED OR IMPLIED.
SECTION 3
TERM OF AGREEMENT
3.1 Unless terminated earlier pursuant to the terms herein, the term of this Agreement shall
begin on August 1,2018 and expire on July 31,2019("Term"). This Agreement may be renewed for five
additional one-year periods upon written agreement of the Parties.
SECTION 4
FEES AND PAYMENT
4.1 City shall pay Provider a fee not to exceed the amount of$10,000.00 for the Program. The
City shall not be liable for any additional amount not specified by this Agreement unless the City first
approves such expenses in writing.
4.2 Any and all fees to be assessed to Program Participants as part of the Prog
in Exhibit C,which is attached hereto and incorporated herein for all purposes("Program F 1�'p , RECORD
Program Provider Agreement 0
R-v0"SECRETARY
FT.111PR711 THI TX
shall ensure that each Program Participant pays the Provider all Program Fees prior to the Program
Participant beginning any Program. Program Participants shall not be permitted to attend any Program
until such time as all applicable Program Fees have been paid. City shall not collect or be liable for any
Program Fees.
SECTION 5
DUTIES AND RESPONSIBILITIES
5.1 In addition to any other duties and responsibilities set forth in this Agreement, Provider
shall:
5.1.1 Provider 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 or City staff.
5.1.2 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.
5.1.3 In the event that Provider will be unable to appear for a given class date, Provider
shall be required to provide a minimum of 48 hours' notice to City and shall work
in good faith to reschedule a make-up class or refund such payment attributable
to that class,whichever City, in its sole discretion,shall decide.
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 Ensure that a city employee is present in the Center at all times during the
Program.
5.3 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.
5.4 Provider shall not take, use,or disseminate any photograph of any program participant for
any purpose, including promotional materials, unless provider 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 Provider will provide the Program to the City's Summer Day Camp and After School
Programs. Provider agrees and certifies to the City that prior to performing any Program under this
Agreement,Provider,and anyone that will attend or teach any Program on behalf of or with the Provider,
has within the last year passed a state and national background investigation meeting the standards adopted
by the Park Department or NSD as incorporated in the attached Exhibit D. Refusal to submit to a
background investigation or a failure of any background investigation shall be cause for immediate
termination of this Agreement. Provider assumes all liability for Provider's failure to comply with this
section.
Program Provider Agreement 2 of 20
6.2 Provider, and anyone that will attend or teach any Program on behalf of or with the
Provider,must be 18 years of age or older,except that an assistant Provider who is present with the Provider
during the Program may be 16 years of age.
SECTION 7
CARE OF THE CENTER
7.1 Provider shall maintain all the City's equipment in a safe, sanitary, sightly condition and
in good repair during each Program. Provider shall restore and yield said Center,equipment,and all other
properties belonging to the City back to City at the expiration of each Program in the same or better
condition as existed at the beginning of each Program, normal wear and tear excepted.
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. Provider hereby waives any claims it may have against
the City for damages resulting from any such Force Majeure Event.
SECTION 9
LIABILITY AND INDEMNIFICATION
9.1 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.
9.2 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 20
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 OMISSION 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").
9.3 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.
9.4 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.
9.5 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 10
INSURANCE REQUIREMENTS
10.1 Provider shall abide by the insurance requirements set forth in Exhibit B,which is attached
hereto and incorporated herein for all purposes.
SECTION 11
AUDIT
11.1 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.
11.2 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 20
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 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.
12.2 Termination by City. This Agreement may be terminated without cause by City
immediately upon written notice to Provider of such intent to terminate.
12.3 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.
12.4 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 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.
SECTION 14
LICENSES AND PERMITS
14.1 Provider 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:
Program Provider Agreement 5 of 20
CITY: PROVIDER:
City of Fort Worth The Creature Teacher
Park&Recreation Director Owner/Educator
4200 South Freeway, Suite 2200 704 West Marvin Avenue
Fort Worth,Texas 76115 Waxahachie,Texas 75165
With copy 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 notice in writing addressed and mailed
or delivered to the other party hereto.
SECTION 16
NONDISCRIMINATION
16.1 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 17
VENUE AND CHOICE OF LAW
17.1 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 18
THIRD-PARTY RIGHTS AND ASSIGNMENTS
18.1 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.
18.2 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 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.
Program Provider Agreement 6 of 20
SECTION 20
INDEPENDENT CONTRACTOR
20.1 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
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 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 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 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 AND COUNTERPARTS AND ELECTRONIC SIGNATURES
23.1 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.
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 purposes 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
Program Provider Agreement 7 of 20
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.
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. If City notifies Provider or any of its officers, agents, employees, contractors, subcontractors,
licensees, volunteers, or invitees of any violation of such laws, ordinances, rules or regulations, Provider
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 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 27
IMMIGRATION NATIONALITY ACT
27.1 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 28
BOYCOTTING ISRAEL PROHIBITED
28.1 Provider 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, Provider certifies that Provider's signature provides written verification to the City that
Provider: (1) does not boycott Israel;and(2) will not boycott Israel during the term of the contract.
Program Provider Agreement 8 of 20
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:
/� RECOMMENDED BY:
By: �P�+-, 4.�Z__
Name: Fernando Costa By:
Title: Assistant City Manager Na e: Richard Zavala
Ti e: Director
Date: 9�5�8 Department: Park&Recreation
� 'K•. .
y �F Fp
ATT'ES
By: V. O
a e: Mary J.Kayser
Title: City Secretary
APP VE TO F. ,M LEGALIT . 'f
By: l(/ XAS..
N me: Pai a bane
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: No M&C Required.
1295: N/A.
PROVIDER:
By:
Name: Belinda Hem
Titley Owner/Educator
Date: 4
OFFICIAL RECORD
CITY SECRETARY
FT,WORTH,TX
Program Provider Agreement
COMPLIANCE MANAGER(S):
By signing I acknowledge that I am the person
responsible for the monitoring and
administration of this contract, including
ensuring all pe formance and reporting requirements.
By:
Monique H' l District Superintendent
Nei orh d Serv' s Department Locations
By:
CA L))x oh� f
he ndsley, District SuperintendeW
ark Recreation Department Locations
By: / ) �7
Jerry 4dpKov,All,District Superintendent
Park& Rec eation Department Locations
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Program Provider Agreement 10 of 20
EXHIBIT A
FORM ADDENDUM SPECIFYING CENTER(S)AND PROGRAM SCHEDULE
THIS ADDENDUM TO PROGRAM PROVIDER AGREEMENT("Agreement")is made and
entered into by and between the CITY OF FORT WORTH("City"),a home-rule municipal corporation
of the State of Texas, acting by and through its duly authorized representative, and THE CREATURE
TEACHER,LLC.,a domestic limited liability company("Provider").
Pursuant to the terms of Section 1 of that certain Program Provider Agreement between the
parties executed on July 1,2018(CSC No. ),the parties agree that the program services listed
below will be performed at the times,dates,and locations listed below.
PROGRAM: The Creature Teacher-Livel
PROGRAM DESCRIPTION: The Creature Teacher-Live! is a display of fun and exotic animals done
in a way that entertains and educates students. This program offers an up-close glimpse of live animals.
Students learn about where they live,how they survive in their environments and why they are important
in our world.
START END START END START END START END
DAY CENTER TIME TIME TIME TIME TIME TIME TIME TIME
Mon TBD TBD TBD
Tue TBD TBD TBD
Wed TBD TBD TBD
Thu TBD TBD TBD
Fri TBD TBD TBD
Sat TBD TBD TBD
PARD CENTER NAME CENTER ADDRESS NS CENTER NAME CENTER ADDRESS
Chisholm Trail(CT) 4936 McPherson Blvd.(76123) Andrew"Doc"Session(ADS) 201 S.Sylvania(76111)
Diamond Hill(DH) 1701 NE 37th St.(76106) Como(CCC) 4900 Horne St.(76107)
Eugene McCray(EM) 4932 Willbarger(76119) Martin Luther King(MLK) 5565 Truman Dr.(76112)
Fire Station(FS) 1601 Lipscomb(76104) North Tri-Ethnic(NT) 2950 Roosevelt Ave.(76106)
Greenbriar(GB) 5200 Hemphill(76115) Northside(NS) 1801 Harrington(76106)
Handley Meadowbrook 6201 Beaty(76112) Southside(SS) 959 E.Rosedale(76104)
HMB
Highland Hills(HH) 1600 Glasgow Rd.(76134) Worth Heights(WH) 3551 New York Ave.(76110)
Hillside(HS) 1201 E. Maddox(76104)
Mobile Recreation(MR) 1601 Lipscomb(76104)
R.D. Evans(RDE) 3242 Lackland Rd.(76116)
Riverside(RS) 3700 E.Belknap(76111)
Southwest(SW) 6300 Welch Ave.(76133)
Sycamore(SY) 2525 E.Rosedale(76105)
Thomas Place(TP) 4237 Lafayette Ave.(76107)
Victory Forest(VF) 3427 Hemphill St.(76110)
Program Provider Agreement 11 of 20
IN WITNESS WHEREOF, the parties hereto have executed this Addendum in Fort Worth, Texas, as of
the day and year indicated below.
CITY:
By: CONTRACT COMPLIANCE MANAGER:
Namel Richard Zavala By signing I acknowledge that I am the person
Title: Director responsible for the monitoring and administration
Department: P k&Recreation of this contract,including ensuring all
Date: _
l performance reporting requ' ents.
By: w1ft —
Name: o que Hill
Title:Dkffict Superintendent
Department: ighborhood Services
i
By:
Sheri Endsley,District Superintendent
Park&Recreation Department Locations
By:
Jerry McDowell,District Superintendent
Park&Recreation Department Locations
PROVIDER:
By. A 17—d
A"4L --- .- , '� / "-
Name: Belinda He
Title: Owner/Educator
Date: Z- 01 118
OFFICIAL RECORD
CITY SECRETARY
FT.WORTHS TX
Program Provider Agreement 12 of 20
EXHIBIT B
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 CoveraEes 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. Aeeident Gova. . .,.
1,000,00(m)6 ..t, e
eeuffenee
l 2,000,000.00 aggregcAe
e. $2,500 fflinifflufn ,defital benefits
,d $50 nnn m ,d„ rt,benefit to the teAe f the a d
c�—y�v, ccrm�cn�z-rrcv RT�.TSC000C�TLif�QGGGCCJGQ
e. $100,000.00 minimufn t,espitali,a4ion and me dieal bills 1..,ne +
of ani Foal Pr-egfam Dani..;...,.e with a m.de dtietible E)
$250.00
f $25,000.00 fflinimuffi benefit., for-the less of one ha fl a e fiae4
or-sight of eHe eye of a-H injured Pfegfam Paf4i6pant
9. $12,500 Ffl m benefits f r the less of index f tiger and tl...,v,h
of safne hand of.,n i foal student
i
dental, and demh eevefage ande
s Liability
1. $100,0 0 eaeh , ei dept
3 $500,000 .disease pelie , limit
vv.up..uouuwi insuranee
;f Dreyi def.deer Piet o pley .,t least one f.,ll
time empleyee-
Program Provider Agreement 13 of 20
1.2 Additional ReaWrements
} C,,,./. o amounts shall be r ed upwafd at City's enable
ii. ., ,.1 cab ..
\71ri,,,,.e le,insr.,nee poli iesr-equir-ed hefei ,shall be endefsed_to
ifielude City as an additional inswed as its intefest nia-y
appear. Additional insufed pat4ies shall -ifielude —empleyee5-,
fepfesefitati,ves, effleefs,agents, and velunteefs of City.
i-ii. The Eempeitset-iefi instifanee palie), shall be endeFsed to
eavefages, if •
eaeh sueh eompany shall haw a euffent minimum A.M. Best Key Ra6flg
Guide rating •mfg vi r: N'lior- ^ethef equivalent insufanee—iaddustfy standiric
fanee lieies shall not o eed $10,000
vii. in the event there afe an), Weal, 4:�defaj or- athef f:egulataf�, inswanee 8
bendifig-fegtife>frents fafPfevidef's opeFat-ietrs, and sue-b Fequ-creFfleHts
.
,
t,-aeiefs 1,eent,-aetaF •11 d to
to E't0r�t'tHte— et ei�iirf—wircrucR�rT�i=�rocv�rcmccm s�rn-rzicca cv
Program Provider Agreement 14 of 20
EXHIBIT C
PROGRAM FEES
Center: TBD
Unit Price: $250.00 per Session
Program Provider Agreement 15 of 20
EXHIBIT D
BACKGROUND SCREENING POLICY
DEPARTMENT POLICY VOLUNTEER BACKGROUND SCREENING
POLICY
PARK AND RECREATION
EFFECTIVE DATE: 10/01 015 w D12
Approved by Director page 1 of 5
PURPOSE:
To establish a background screening procedure that not only raises a public awareness
of quality programs offered but also ensures the safety of all participants, particularly the
most vulnerable groups such as children,elderly and intellectually challenged.
GUIDING PRINCIPLES:
1. The Department provides opportunities for community members to share their
gifts and talents.
2. The Department recognizes the importance volunteerism plays in the bigger
picture of community and citizenship.
3. The Department places the highest priority on the safety of its customers and
staff.
OBJECTIVES:
1. To conduct criminal background screenings in a timely manner on volunteers
assigned to work with vulnerable populations.
2. To maintain confidentiality to the extent allowed by law of volunteers who willingly
submit to screening.
Program Provider Agreement 16 of 20
DEPARTMENT POLICY VOLUNTEER BACKGROUND SCREENING
POLICY
PARK AND RECREATION
EFFECTIVE DATE: 10/01/2015 D12
a
Approved by Director , page 2 of 5
PROCEDURES:
1. PROGRAM INFORMATION
A. A public information vendor will conduct the background checks following the
National Recreation and Park Association's recommended guidelines. That
process includes:
1. Social Security Verification—Verify the name of every volunteer against
the Social Security Number provided. This helps to eliminate the
possibility of false names and/or information.
2. Address Trace—Verify the current address and identify any previous
address of every volunteer. This information is utilized to determine the
jurisdiction in which the background screening is conducted.
3. State or County Criminal Records Check—A Statewide or Countywide
(depending on the jurisdiction)criminal record check is performed to
capture all misdemeanor and felony convictions in that jurisdiction. The
search should be conducted in the jurisdiction with the longest and most
current residency.
4. National Criminal History Data Base Search—There is no one national
record check whether through the government or private sector that
identifies every crime ever committed. However, there are now criminal
history data bases available that contain millions of criminal records and
cover much of the United States. These data bases can be accessed and
used to supplement the local criminal history search. This is beneficial in
expanding the search across the country but should not be used as a
stand-alone source background screening,
5. Sex Offender Registry—Search of the appropriate state sex offender
registries based on the address history.
6. Timely Results—A background screening process should be timely and
results should be returned within 3 business days to allow for proper
planning and assignment of volunteers.
Program Provider Agreement 17 of 20
DEPARTMENT POLICY VOLUNTEER BACKGROUND SCREENING
POLICY
PARK AND RECREATION
EFFECTIVE DATE: 10/01/2015 D12
Approved by Director page 3 of 5
B. Background check records will be accessible to the Volunteer Coordinator and
Department Records Manager. Staff will only be noted of volunteer
acceptance or denial. Details of the background check will be kept confidential.
C. Volunteers who elect not to authorize screening shall not be eligible to work in
volunteer positions that work directly with vulnerable populations.
D. Background screening exceptions include one-time public events where
volunteers would not be working with vulnerable populations or one-time public
events where volunteers could be working with vulnerable populations In a
supervised,public and non-relational role. Examples:one time major public
events, park clean-ups,plantings,special park projects and adult programs.
I. PROGRAM PROCEDURES
A. REQUIREMENTS FOR VOLUNTEER BACKGROUND SCREENINGS
1. Valid Driver's License or Identification Card
2. Social Security Number
3. Completed Volunteer Application
4. Completed Background Check Registration
5. Signed Consent to Release Information(electronic signature)
B. REGULATIONS
1. All volunteers are required to complete a volunteer application and those
working with vulnerable populations must complete a background
screening before beginning an assignment.
2. The Volunteer Coordinator reviews each criminal background screening
and makes a determination based on the adopted recommended criteria
for exclusion.
3. Following review,the Volunteer and requesting division and/or facility
manager are notified within three(3)working days regarding the results
criminal background screening of the applicant.
a. Applicants with questions regarding their background screening
results shall set up an appointment to meet with the Volunteer
Coordinator. The contents of this policy will not be up for debate;
the Volunteer Coordinator will provide contact information for the
Program Provider Agreement 18 of 20
DEPARTMENT POLICY VOLUNTEER BACKGROUND SCREENING
POLICY
PARK AND RECREATION
EFFECTIVE DATE: 10/01/2015 D12
Approved by Director page 4 of 5
background screening vendor to address questions regarding
results provided to the department.
4. Volunteer background screenings shall be done annually on all volunteers
working with vulnerable populations.
5. Volunteers must be interviewed, properly screened and trained for each
new assignment.
6. Volunteers working with youth must be monitored by staff.
II. DISQUALIFICATIONS
A person shall be disqualified and prohibited from serving as a volunteer if the
person has been found guilty of the following crimes:
For purposes of this policy;Guilty shall mean that a person was found guilty
following a trial,entered a guilty plea,entered a no contest plea accompanied by
a court finding of guilt(regardless of adjudication or deferment),or received court
directed programs in lieu of conviction.
A. SEX OFFENSES
1. All sex offenses regardless of the amount of time since offense.
a. To include sex offenses where the final adjudication or final plea was
of a lesser included sentence or non-sex related statute, i.e.
Indecency with a Child pled to Injury to a Child.
b. Examples include: Sexual Assault, Indecency with a Child,
Prostitution, Online Solicitation of a Minor, Indecent Exposure,etc.
B. FELONIES
1. All violence related felony offenses regardless of the amount of time since
offense.
a. Examples include: Murder, Manslaughter,Aggravated Assault,
Kidnapping, Robbery,etc.
2. All felony offenses other than violence or sex within the past ten(10)years.
a. Examples include: Drug Offenses,Theft(including Embezzlement),
Fraud,Abandoning or Endangering a Child,etc.
Program Provider Agreement 19 of 20
DEPARTMENT POLICY VOLUNTEER BACKGROUND SCREENING
POLICY
PARK AND RECREATION
EFFECTIVE DATE: 10/01/2015 D12
Approved by Director page 5 of 5
C. MISDEMEANORS
1. All misdemeanor violence offenses within the past seven(7)years.
a. Examples include:Assault(including Domestic Violence), Deadly
Conduct,Terroristic Threat,etc.
2. Two or more misdemeanor drug&alcohol offenses within the past seven(7)
years.
a. Examples include: Driving While Intoxicated,Drug Possession charges
(including Paraphernalia), Public Intoxication,etc.
3. Any other misdemeanor within the past five(5)years that would be
considered a potential danger to children or is directly related to the functions
of that volunteer.
D. PENDING CASES
1. Individuals found to have pending court cases for any of the disqualifying
offenses will be disqualified. If the disposition of the pending case does not
meet the criteria for disqualification as listed above,the individual would then
be cleared and reinstated.
Program Provider Agreement 20 of 20