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HomeMy WebLinkAboutContract 52569 CSC No.52569 SUPPLEMENTAL PROGRAMMING AGREEMENT THIS SUPPLEMENTAL PROGRAMMING 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 FORT WORTH. MUSEUM OF SCIENCE AND HISTORY,a Texas non-profit corporation("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 WHEREAS, Provider wishes to provide supplemental programming to the City at no cost and City believes that such programming will be beneficial to its program participants. 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")as more particularly described in the attached Exhibit A at the times and City locations("Center") as approved in writing in advance by the Park Department and/or NSD, as applicable. 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 July 11,2019 and expire on July 10,2020 ("Term"). This Agreement may be renewed for five additional one-year periods upon written agreement of the Parties. SECTION 4 FEES AND PAYMENTS 4.1 Provider shall not receive payment for any services provided under this Agreement. UFFMAL RECORD CITY SECRETARY Program Provider Agreement 7 FT. 1l1/O' ,TX 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 whenever it is possible to do so, Provider and City may work together to schedule a make-up class. 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 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&Recreation Department or NSD as incorporated in the attached Exhibit C. 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 instructor who is present with the Provider during the Program may be 16 years of age. Supplemental Programming Agreement 2 of 17 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 HIND 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, HIND 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, Supplemental Programming Agreement 3 of 17 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 TERMINATION 11.1 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. 11.2 Termination by City. This Agreement may be terminated without cause by City immediately upon written notice to Provider of such intent to terminate. 11.3 Other Remedies. Any termination of this Agreement as provided in this Agreement will not prevent City from enforcing 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. SECTION 12 RIGHT OF ENTRY AND INSPECTION 12.1 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. Supplemental Programming Agreement 4 of 17 SECTION 13 LICENSES AND PERMITS 13.1 Provider shall, at its sole expense, obtain and keep in effect all licenses and permits necessary for its operations. SECTION 14 NOTICES 14.1 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 Fort Worth Museum of Science and History Park&Recreation Director ATTN: Kippen de Alba Chu 4200 South Freeway, Suite 2200 1600 Gendy Street, Fort Worth,Texas 76115 Fort Worth,Texas 76107 With copes 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 15 NONDISCRIMINATION 15.1 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 16 VENUE AND CHOICE OF LAW 16.1 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. Supplemental Programming Agreement 5 of 17 SECTION 17 THIRD-PARTY RIGHTS AND ASSIGNMENTS 17.1 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. 17.2 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 18 BINDING COVENANTS 18.1 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 19 INDEPENDENT CONTRACTOR 19.1 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 20 AMENDMENTS,CAPTIONS,AND INTERPRETATION 20.1 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 puq)oses 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. Supplemental Programming Agreement 6 of 17 SECTION 21 GOVERNMENTAL POWERS AND IMMUNITIES 21.1 It is understood that by execution of this Agreement,the City does not waive or surrender any of its governmental powers or immunities. SECTION 22 AUTHORIZATION AND COUNTERPARTS AND ELECTRONIC SIGNATURES 22.1 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. 22.2 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 23 SEVERABILITY AND NO WAIVER 23.1 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. 23.2 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 24 COMPLIANCE WITH LAWS 24.1 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 25 SOLE AGREEMENT 25.1 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 26 IMMIGRATION NATIONALITY ACT 26.1 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 Supplemental Programming Agreement 7 of 17 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 27 AUDIT 27.1 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. 27.2 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. REMAINDER OF PAGE LEFT INTENTIOIN ALLY BLANK Supplemental Programming Agreement 8 of 17 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: � �9ati �iverya�a Cos�� RECOMMENDED BY: By: LLrnnda Johnson for Fernando osta(Ju125,2019) Name: Fernando Costa By: David Creek(Jul 19,2019) Title: Assistant City Manager Name: David Creek J u 125, 2019 Title: Acting Director Date: Department: Park&Recreation �a 4 ATTEST: Nary T. By: Mary J.Kayser(Jul 25,2019) " F Name: Mary J. Kayser Title: City Secretary APPROVED AS TO FORM AND LEGALITY: Gt By: Matt Murray(Jul 23,2011f' Name: Matt Murray Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: No M&C Required. 1295: N/A. PROVIDER: By: 16ppen de Alba Chu(Jul 16,2019; Name: Kippen de Alba Chu Title: Chief of Staff Date: J u 116, 2019 OFFICIAL RECORD CITY SECRETARY Supplemental Programming Agreement FT. WOWN,TX 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 perfolmance and reporting requirements. C L2yfiol km d. By: Sandra Medina(Jul 16,2019) Sandra Medina Program Coordinator k OFFICIAL RECORD UTY SECRETARY Supplemental Programming Agreement 7!!I V'10'cWTX EXHIBIT A SCOPE OF SERVICES PROGRAM DESCRIPTION,SCHEDULE,AND CENTER(S) LOCATION(S): Mobile Rec: Seminary Hills Park Elementary School 5037 Townsend Dr.,Fort Worth,TX 76115 Mobile Rec: Paschal High School 3001 Forest Park Blvd,Fort Worth,TX 76110 PROGRAM: Science In The Summer PROGRAM DESCRIPTION: A science outreach program that consists of a 4-hour-long class,two days a week. DATES START START END CENTER TIME END TIME TIME TIME Seminary Hills Park Elementary Monday&Tuesday School July 15&16 9:30 AM 2:30 PM Wednesday&Thursday Paschal High School July 17&18 9:30 AM 2:30 PM Supplemental Programming Agreement 11 of 17 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 inj cared 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. Supplemental Programming Agreement 12 of 17 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. Supplemental Programming Agreement 13 of 17 FINAL—Effective Oct. 1,2018 EXHIBIT C 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: 1. 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: 1. To conduct a criminal background screening program based on the National Recreation and Park Association's Recommended Guidelines for Credentialing Volunteers. -2. To conduct criminal background screenings in a timely manner on volunteers assigned to work with vulnerable populations. 3. To maintain confidentiality to the extent allowed by law of volunteers who willingly submit to screening. DEFINITIONS: I. Volunteers shall be defined as anyone who,without compensation,performs a task at the direction of and on behalf of the city.A volunteer or representative for an approved volunteer group must be officially accepted and enrolled by the department prior to performance of the task. 2. Social Security Verification is a screening used to verify the name of every volunteer against the Social Security Number provided.This helps to eliminate the possibility of false names and/or information. a. Social Security verifications are a critical first step in the process as they help to ensure that the name and other personal data given by the applicant are accurate. b. Volunteers who do not have a Social Security Number,or choose notto provide one,should provide two forms of ID with matching identifiers. i. Driver's license or state-issued ID,birth certificate,passport,etc. 3. Address Trace is a screening used to verify the current address and identify any previous addresses of every volunteer.This information is utilized to determine the jurisdiction in which the background screening is conducted. 4. State or County Criminal Records Check is a statewide or countywide(depending on the jurisdiction)criminal record check performed to capture all misdemeanor and felony convictions in that jurisdiction. The search should be conducted in the jurisdiction with the longest and most current residency. 5. National Criminal History Database Search is used to supplement the local criminal history search. There is no one national record check whether through the government or private sector that identifies every crime ever committed.However,there are now criminal history databases Supplemental Programming Agreement 14 of 17 FINAL—Effective Oct. 1,2018 available that containmillions of criminal records and cover much of the United States. This is beneficial in expanding the search across the country but should not be used as a standalone source background screening. 6. Sex Offender Registry conducts a search of the appropriate state sex offender registries 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: I. 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 Supplemental Programming Agreement 15 of 17 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 a minimum 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 a Child,etc. C. MISDEMEANORS 1. All misdemeanor violent offenses within the past seven(7)years. a.. Examples include but are not limited to:Assault(including Domestic Supplemental Programming Agreement 16 of 17 FINAL—Effective Oct. 1,2018 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. Supplemental Programming Agreement 17 of 17