HomeMy WebLinkAboutContract 52205 CITY SECRETARY
CONTRACT NO. 52205
PROGRAM PROVIDER AGREEMENT
THIS 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 DINO GEORGE, LLC, a domestic limited
liability company (LLC) ("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.
1.2 The Program shall be provided at the City location(s) ("Center") and in accordance with
the schedule set forth in Exhibit A, which is attached hereto and incorporated herein for all
purposes. Times and locations may be modified as agreed upon in writing on the form set forth in Exhibit
E, which is attached hereto and incorporated herein for all purposes, and which may be executed by the
Director of the Park& Recreation Department or the Director of the Neighborhood Services Department.
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 May 13, 2019 and expire on May 12, 2020 ("Term"). This Agreement may be renewed for five
additional one-year periods upon written agreement of the Parties.
OFFICIAL RECORD
CITY SECRETARY
Program Provider Agreement FT VJMH,,TX
SECTION 4
FEES AND PAYMENT
4.1 City shall pay Provider Four Thousand One Hundred Dollars and 00/100 ($4,100.00) per
event and Eight Hundred Dollars and 00/100 ($800.00) per additional day, in accordance with the
provisions of this Agreement and Exhibit C—Price Schedule.Total payments made under this Agreement
by City shall not exceed the amount of Nine Thousand and 00/100 Dollars ($9,000.00). Provider shall not
perform any additional services or bill for expenses incurred for City not specified in this Agreement unless
City requests and approves in writing the additional costs for such services. City shall not be liable for any
additional expenses of Provider not specified in this Agreement unless City first approves such expenses
in writing and such writing is signed by the authorized representative stated above.
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 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 staff 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
Program Provider Agreement 2 of 22
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.
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.
Program Provider Agreement 3 of 22
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
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
Program Provider Agreement 4 of 22
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
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.
Program Provider Agreement 5 of 22
SECTION 15
NOTICES
15.1 All notices required or permitted under this Agreement may be given to a party personally
or by mail, addressed to such party at the address stated below or to such other address as one party may
from time to time notify the other in writing. Any notice so given shall be deemed to have been received
when deposited in the United States mail so addressed with postage prepaid:
CITY: PROVIDER:
City of Fort Worth Dino George, LLC
Park&Recreation Director Attn: George L. Blasing
4200 South Freeway, Suite 2200 2424 Gold Canyon Drive, #1522
Fort Worth, Texas 76115 San Antonio,TX 78259
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 Iocated 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.
Program Provider Agreement 6 of 22
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.
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.
Program Provider Agreement 7 of 22
SECTION 23
AUTHORIZATION,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
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 I-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,
Program Provider Agreement 8 of 22
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.
REMAINDER OF PAGE LEFT INTENTIONALLY BLANK
Program Provider Agreement 9 of 22
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 DINO GEORGE, LLC
'�Z"-2—e-- eo e z &9L, v
Aubre hagard( pi 19,2019) George L lasing(Apr 15,2019)
Aubrey Thagard, Director* George L. Biasing,
Neighborhood Services Department Managing Director
* Aubrey Thagard has been delegated the proper authority to execute this document on behalf of the City
pursuant to an Interoffice Memorandum from the City Manager dated February 6, 2019.
���.
ATTEST: ��• / i.
0A. .
ary e , C y Secret`APPROVED AS TO FORM A-CITY:
Mattit�lcc��
Matt Murray(Apr 19,20 9)
Matt Murray,Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C:No M&C Required.
1295: N/A.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
Program Provider Agreement of22
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting requirements.
Moni (Apr 19,2017)
Monique Hill,District Superintendent
Neighborhood Services Department
Program Provider Agreement 11 of 22
EXHIBIT A
PROGRAM DESCRIPTION, SCHEDULE,AND CENTER(S)
PROGRAM: Dinosaur George's Traveling Museum
SCOPE OF SERVICE: Set up, host, and remove a traveling dinosaur museum
START END START END START END
DAY CENTER TIME TIME TIME TIME TIME TIME
Mon CCC TBD* TBD*
Tue CCC TBD* TBD*
Wed
Thu
Fri
Sat
PARD CENTER NAME CENTER ADDRESS NS CENTER NAME CENTER ADDRESS
Chisholm Trail(CT) 4936 McPherson Blvd.(76123) Andrew`Doc' Session 201 S. Sylvania Ave.
(ADS) (76111)
Diamond Hill(DH) 1701 NE 37th St.(76106) Como(CCC) 4900 Horne St.(76107)
Eugene McCray(EM) 4932 Willbarger St.(76119) Fort Worth After School 2901 Shotts St.(76107)
(FWAS)
Fire Station(FS) 1601 Lipscomb St. (76104) Martin Luther King
(MLK) 5565 Truman Dr.(76112)
Fort Worth After School 2901 Shotts St.(76107) 2950 Roosevelt Ave.
(FWAS) North Tri-Ethnic(NT) (76106)
Greenbriar(GB) 5200 Hemphill St. (76115) 1801 Harrington Ave.Northside(NS) (76106)
Handley Meadowbrook 959 E.Rosedale St.
(�'�) 6201 Beaty St. (76112) Southside(SS) (76104)
Highland Hills(HH) 1600 Glasgow Rd.(76134) 3551 New York Ave.
Worth Heights(WH) (76110)
Hillside(HS) 1201 E.Maddox Ave.(76104)
Mobile Recreation(MR) 1601 Lipscomb St.(76104)
R. D.Evans(RDE) 3242 Lackland Rd. (76116)
Riverside(RS) 3700 E.Belknap St. (76111)
Southwest(SW) 6300 Welch Ave.(76133)
Sycamore(SY) 2525 E.Rosedale St.(76105)
Thomas Place(TP) 4237 Lafayette Ave.(76107)
Victory Forest(VF) 3427 Hemphill St. (76110)
* City and Provider shall work in good faith to schedule the Programs. However, the City, in its sole
discretion, shall ultimately determine the dates and times of the Programs.
Program Provider Agreement 12 of 22
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 Coverages 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. Accident Coverage
a. 1,000,000.00 each occurrence
b. 2,000,000.00 aggregate
C. $2,500 minimum dental benefits
d. $50,000 minimum death benefit to the estate of the deceased
e. $100,000.00 minimum hospitalization and medical bills benefits
of an injured Program Participant,with a maximum deductible of
$250.00
f. $25,000.00 minimum benefits for the loss of one hand, one foot
or sight of one eye of an injured Program Participant
g. $12,500 minimum benefits for the loss of index finger and thumb
of same hand of an injured student
h. This policy shall cover all Program Participants and provide
comprehensive bodily injury, dental, and death coverage and
coverage while traveling in any automobile used to transport
Program Participants to and from the Program.
iv. Workers' Compensation Insurance
a. Part A: Statutory Limits
b. Part B: Employer's Liability
1. $100,000 each accident
2. $100,000 disease-each employee
3. $500,000 disease-policy limit
C. Provider shall not be required to carry the required workers'
compensation insurance if Provider does not employ at least one full
time employee.
Program Provider Agreement 13 of 22
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.
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.
Program Provider Agreement 14 of 22
EXHIBIT C
PRICE SCHEDULE
Center: CCC
Unit Price:
$4,100.00 per Event(which includes all fees associated with the set up,hosting, and removal of the
traveling dinosaur museum at a Center location)
$800.00 per additional day at the Center location
Provider shall not perform any additional services or bill for expenses incurred for City not specified in
this Agreement unless City requests and approves in writing the additional costs for such services. City
shall not be liable for any additional expenses of Provider not specified in this Agreement unless City first
approves such expenses in writing and such writing is signed by the authorized representative stated above.
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EXHIBIT D
BACKGROUND SCREENING POLICY
Volunteer Background Screening Policy City of Fort Worth
PURPOSE:
To establish a background screening procedure that not only raises public awareness of quality programs
offered but also ensures the safety of all participants, particularly the most vulnerable groups such as
children, elderly and intellectually challenged.
GUIDING PRINCIPLES:
I. The City provides opportunities for community members to share their gifts and talents
through volunteer experiences.
2. The City recognizes the importance volunteerism plays in the bigger picture of community
wellness.
3. The City places the highest priority on the safety of its customers, staff and volunteers
who choose to serve with us.
OBJECTIVES:
I. To conduct a criminal background screening program based on the National Recreation and
Park Association's Recommended Guidelines for Credentialing Volunteers.
2. To conduct criminal background screenings in a timely manner on volunteers assigned to
work with vulnerable populations.
3. To maintain confidentiality to the extent allowed by law of volunteers who willingly submit to
screening.
DEFINITIONS:
1. Volunteers shall be defined as anyone who,without compensation,performs a task at the
direction of and on behalf of the city. A volunteer or representative for an approved volunteer
group must be officially accepted and enrolled by the department prior to performance of the
task.
2. Social Security Verification is a screening used to verify the name of every volunteer
against the Social Security Number provided. This helps to eliminate the possibility of false
names and/or information.
a. Social Security verifications are a critical first step in the process as they help to
ensure that the name and other personal data given by the applicant are accurate.
b. Volunteers who do not have a Social Security Number, or choose notto provide
one, should provide two forms of ID with matching identifiers.
i. Driver's license or state-issued 1D, birth certificate, passport,etc.
3. Address Trace is a screening used to verify the current address and identify any previous
addresses of every volunteer. This information is utilized to determine the jurisdiction in which
the background screening is conducted.
4. State or County Criminal Records Check is a statewide or countywide(depending on the
jurisdiction) criminal record check performed to capture all misdemeanor and felony
convictions in that jurisdiction. The search shouldbe conducted in the jurisdiction with the
longest and most current residency.
5. National Criminal History Database Search is used to supplement the local criminal history
search. There is no one national record check whether through the government or private sector
that identifies every crime ever committed. However,there are now criminal history databases
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FINAL—Effective Oct. 1,2018
available that contain millions of criminal records and cover much of the United States.This is
beneficial in expanding the search across the country but should not be used as astandalone
source background screening.
6. Sex Offender Registry conducts a search of the appropriate state sex offender registries
based on the address history.
7. Timely Results should be returned within ten(10)business days to allow for proper
planning and assignment of volunteers.
8. Volunteer Coordinator shall be defined as the person who oversees the coordination
of volunteer programs for a department or City overall.
9. Vulnerable Populations shall be defined as youth, elderly or intellectually
challenged.
PROCEDURES:
1. PROGRAM INFORMATION
A. A third-party public information vendor will conduct background checks following the
National Recreation and Park Association's Recommended Guidelines for Credentialing
Volunteers. That process includes generating the following in a timely manner:
1. Social Security Verification
2. Address Trace
3. State or County Criminal Records Check
4. National Criminal History Database Search
5. Sex Offender Registry
B. Background check records will be accessible to the Volunteer Coordinator and Department
Records Manager. Staff will only be notified of volunteer acceptance or denial. Details of the
background check will be kept confidential.
C. Volunteers who elect not to authorize screening shall not be eligible to work in volunteer
positions that work directly with vulnerable populations or in roles of increased
responsibility.
D. Background screening exceptions include one-time public events where volunteers would
not be working with vulnerable populations or one-time public events where volunteers
could be working around vulnerable populations in a supervised, public and non-relational
role. Example: one-time major public events, clean-ups and adult programs.
E. A volunteer photo identification system will be implemented in accordance with the
National Recreation and Park Association's guidelines for volunteer photo identification.
II. PROGRAM PROCEDURES
A. REQUIREMENTS FOR VOLUNTEER BACKGROUND SCREENINGS
1. Valid Driver's License or Identification Card
2. Social Security Number(if applicable)
3. Completed Volunteer Application
4. Completed Background Check Registration
5. Signed Consent to Release Information or online acceptance of policies
B. REGULATIONS
1. All volunteers or volunteer representatives who are representing an approved
volunteer group are required to complete a volunteer application, and those working
with vulnerable populations must complete a background screening before beginning
an assignment.
a. Volunteer groups working in an activity position that is subject to background
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FINAL—Effective Oct. 1,2018
screenings per this policy(Section I.D.) will be required to have individual
applications and screenings for each volunteer.
b. Volunteers,depending on their position,maybe subject to
additional screening.
2. Each criminal background screen is reviewed against this policy and a
determination is based on the adopted recommended criteria for exclusion.
a. The recommended criteria for exclusion serve as aminimum
qualification; however, depending on the activity position, volunteers
may be subject to higher criteria for exclusion as determined by that
specific position's qualifications.
3. Following review,the volunteer and requesting division and/or facility manager are
notified within ten(10)business days regarding the results of the applicant's criminal
background screening.
a. Applicants with questions regarding their background screening results shall
set up an appointment to meet with the department Volunteer Coordinator.
The contents of this policy will not be up for debate;the department
Volunteer Coordinator will provide contact information for the background
screening vendor to address questions regarding results provided to the
department.
4. Volunteer background screenings shall be done annually on all positons that work
with vulnerable populations.
5. Volunteers must be properly screened for each new assignment.
6. Volunteers working with vulnerable populations must be monitored by staff.
III. DISQUALIFICATIONS
A person shall be disqualified and prohibited from serving as a credentialed volunteer if the person has
been found guilty of the following crimes.
For purposes of this policy, guilty shall mean that a person was found guilty following a trial, entered a
guilty plea, entered a no-contest plea accompanied by a court finding of guilt(regardless of adjudication
or deferment)or received court-directed programs in lieu of conviction.
A. SEX OFFENSES
1. All sex offenses regardless of the amount of time since offense.
a. To include sex offenses where the final adjudication or final pleawas of a
lesser-included sentence or non-sex-related statute(i.e., Indecency with a Child
pled to Injury to a Child).
b. Examples include but are not limited to: Sexual Assault,Indecency with a
Child, Prostitution, Online Solicitation of a Minor,Indecent Exposure,etc.
B. FELONIES
1. All violence-related felony offenses regardless of the amount of time since offense.
a. Examples include but are not limited to: Murder,Manslaughter,
Aggravated Assault, Kidnapping, Robbery, etc.
2. All felony offenses other than violence or sex within the past ten (10)years.
a. Examples include but are not limited to: Drug Offenses,Theft(including
Embezzlement), Fraud, Abandoning or Endangering aChild, etc.
C. MISDEMEANORS
1. All misdemeanor violent offenses within the past seven(7)years.
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FINAL—Effective Oct. 1,2018
a. Examples include but are not limited to: Assault(including Domestic
Violence),Deadly Conduct, Terroristic Threat,etc.
2. All misdemeanor drug and alcohol offenses within the past five (5)years or multiple
offenses in the past ten(10)years.
a. Examples include but are not limited to: Driving While Intoxicated,Drug
Possession charges (including Paraphernalia), Public Intoxication,etc.
3. Any other misdemeanor within the past five (5)years that would be considered a
potential danger to children or is directly related to the functions of that volunteer.
a. Examples include but are not limited to: Contributing to the Delinquency of a
Minor, Providing Alcohol to a Minor, Theft(if person is handling monies),etc.
D. PENDING CASES
1. Individuals found to have pending court cases for any of the disqualifying offenses will
be disqualified. if the disposition of the pending case does not meet the criteria for
disqualification as listed above,the individual wouldthen be cleared and reinstated.
Program Provider Agreement 19 of 22
EXHIBIT E
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
an(individual, corporation, company, etc.) ("Provider").
Pursuant to the terms of Section 1 of that certain Program Provider Agreement between the
parties executed on ,2018 (CSC No. ), the parties agree that the program services
listed below will be performed at the times, dates, and locations listed below.
PROGRAM: [INSERT NAME OF THE PROGRAM]
SCOPE OF SERVICE: [INSERT DETAILED PROGRAM DESCRIPTION].
START END START END START END START END
DAY CENTER TIME TIME TIME TIME TIME TIME TIME TIME
Mon
Tue
Wed
Thu
Fri
Sat
PARD CENTER NAME CENTER ADDRESS NS CENTER NAME CENTER ADDRESS
Chisholm Trail(CT) 4936 McPherson Blvd. (76123) Andrew`Doc' Session 201 S. Sylvania Ave.
ADS) 76111
Diamond Hill(DH) 1701 NE 37th St.(76106) Como(CCC) 4900 Horne St.(76107)
Eugene McCray(EM) 4932 Willbarger St.(76119) Fort Worth After School 2901 Shotts St. (76107)
(FWAS)
Fire Station(FS) 1601 Lipscomb St.(76104) Martin Luther King
(MLK) 5565 Truman Dr.(76112)
Fort Worth After School 2901 Shotts St. (76107) 2950 Roosevelt Ave.
(FWAS) North Tri-Ethnic(NT) (76106)
Greenbriar(GB) 5200 Hemphill St.(76115) 1801 Harrington Ave.Northside(NS) (76106)
Handley Meadowbrook E.959 E Rosedale St.
6201 Beaty St.(76112) )
(HMB) Southside(SS) (76104
Highland Hills(HH) 1600 Glasgow Rd. (76134)
3551 New York Ave.
Worth Heights(WH) (76110)
Hillside(HS) 1201 E.Maddox Ave.(76104)
Mobile Recreation(MR) 1601 Lipscomb St. (76104)
R.D. Evans(RDE) 3242 Lackland Rd. (76116)
Riverside(RS) 3700 E.Belknap St.(76111)
Southwest(SW) 6300 Welch Ave.(76133)
Sycamore(SY) 2525 E.Rosedale St.(76105)
Thomas Place(TP) 4237 Lafayette Ave.(76107)
Victory Forest(VF) 3427 Hemphill St. (76110)
Program Provider Agreement 20 of 22
IN WITNESS WHEREOF, the parties hereto have executed this Addendum in Fort Worth, Texas, as of
the day and year indicated below.
CITY: DINO GEORGE, LLC
Aubrey Thagard, Director* George L. Blasing, Managing Director
Neighborhood Services Department
* Aubrey Thagard has been delegated the proper authority to execute this document on behalf of the City
pursuant to an Interoffice Memorandum from the City Manager dated February 6, 2019.
ATTEST:
Mary J. Kayser,City Secretary
APPROVED AS TO FORM AND LEGALITY:
Matt Murray, Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C:No M&C Required.
1295: N/A.
Program Provider Agreement 21 of 22
9 �
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and
administration of this contract,including
ensuring all performance and reporting requirements.
Monique Hill,District Superintendent
Neighborhood Services Department
Signature:
Email:
Program Provider Agreement 22 of 22