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HomeMy WebLinkAboutContract 52671 CITY SECRETARY CONTRACT NO. �`'�Oy VENDOR SERVICES AGREEMENT p\ pEpR,�� BETWEEN THE CITY OF FORT WORTH AND l� IREF BIG BALLS UP,INC. pn This VENDOR SERVICES AGREEMENT (`'Agreement") is made and entered into by and between the CITY OF FORT WORTH("City"), a Texas home rule municipal corporation, acting by and through Fernando Costa, its duly authorized Assistant City Manager, and IREF BIG BALLS UP, INC. ("Vendor"), a Texas Corporation acting by and through Becky Ramirez, its duly authorized Owner, each individually referred to as a"party" and collectively referred to as the"parties." AGREEMENT DOCUMENTS: The Agreement documents shall include the following: 1. This Vendor Services Agreement; 2. Exhibit A—Scope of Services; 3. Exhibit B—Price Schedule; and 4. Exhibit C—Verification of Signature Authority Form. 5. Exhibit D—Background Check Standards Exhibits A,B and C,which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B or C and the terms and conditions set forth in the body of this Agreement,the terms and conditions of this Agreement shall control. 1. SCOPE OF SERVICES. Vendor shall provide adult soccer referee services for the Fort Worth Cup adult soccer tournament to be held at Gateway Park, August 23-25, 2019. Exhibit "A," - Scope of Services more specifically describes the services to be provided hereunder. 2. TERM. This Agreement shall begin on August 23,2019("Effective Date")and shall expire on August 25, 2019 ("Expiration Date"), unless terminated earlier in accordance with this Agreement("Initial Term"). 3. COMPENSATION. City shall pay Vendor in accordance with the fee schedule of Vendor personnel who perform services under this Agreement in accordance with the provisions of this Agreement and Exhibit"B,"—Price Schedule. Total payment made under this Agreement by City shall be an amount not to exceed$3,000.00. Vendor shall not perform any additional services or bill for expenses incurred for City not specified by 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 Vendor not specified by this Agreement unless City first approves such expenses in writing. 4. TERMINATION. Vendor Services Agreement—Fort Worth Cup Page<1" g Iref Big Balls Up,Inc. CITY SEa. a&ilc%Y FT. WORTH,TX 4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any reason by providing the other party with 30 days' written notice of termination. 4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City shall pay Vendor for services actually rendered up to the effective date of termination and Vendor shall continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Vendor shall provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Vendor has received access to City Information or data as a requirement to perform services hereunder, Vendor shall return all City provided data to City in a machine readable format or other format deemed acceptable to City. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information. Vendor, for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by City ("City Information") as confidential and shall not disclose any such information to a third party without the prior written approval of City. 5.3 Unauthorized Access.Vendor shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Vendor shall notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event,Vendor shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. RIGHT TO AUDIT. Vendor agrees that City shall, until the expiration of three (3) years after final payment under this contract,or the final conclusion of any audit commenced during the said three years,have access to and the right to examine at reasonable times any directly pertinent books,documents,papers and records,including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. Vendor Services Agreement—Fort Worth Cup Page 2 of 18 Iref Big Balls Up,Inc. 7. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Vendor shall operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Vendor shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, consultants and subVendors. Vendor acknowledges that the doctrine of respondeat superior shall not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants, Vendors and subVendors. Vendor further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City shall in no way be considered a Co-employer or a Joint employer of Vendor or any officers, agents,servants,employees or subVendor of Vendor. Neither Vendor, nor any officers, agents, servants, employees or subVendor of Vendor shall be entitled to any employment benefits from City. Vendor shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or subVendor. 8. LIABILITY AND INDEMNIFICATION. 8.1 LIABILITY- VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 8.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTSAND AGREES TO INDEMNIFY,HOLD HARMLESS AND DEFEND CITY,ITS OFFICERS,AGENTS,SERVANTS AND EMPLOYEES,FR OM AND A GAINSTANYAND ALL CLAIMS OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VEADOR'S BUSINESS AND ANY RESULTING LOST PROFITS)AND/OR PERSONAL INJURY,INCLUDING DEATH, TO ANYAND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES. 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the software and/or documentation in accordance with this Agreement, it being understood that this agreement to defend, settle or pay shall not apply if City modifies or misuses the software and/or documentation. So long as Vendor bears the cost and expense of payment for claims or actions against City pursuant to this section,Vendor shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City shall have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this Vendor Services Agreement—Fort Worth Cup Page 3 of 18 Iref Big Balls Up,Inc. Agreement, City shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Vendor shall fully participate and cooperate with City in defense of such claim or action. City agrees to give Vendor timely written notice of any such claim or action,with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses shall not eliminate Vendor's duty to indemnify City under this Agreement. If the software and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained or,if as a result of a settlement or compromise,such use is materially adversely restricted, Vendor shall, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the software and/or documentation;or(b)modify the software and/or documentation to make it non-infringing, provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; or (c) replace the software and/or documentation with equally suitable, compatible, and functionally equivalent non-infringing software and/or documentation at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Vendor terminate this Agreement,and refund all amounts paid to Vendor by City,subsequent to which termination City may seek any and all remedies available to City under law. 9. ASSIGNMENT AND SUBCONTRACTING. 9.1 Assignment. Vendor shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment,the assignee shall execute a written agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.Vendor and Assignee shall be jointly liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract, subVendor shall execute a written agreement with Vendor referencing this Agreement under which sub Vendor shall agree to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor shall provide City with a fully executed copy of any such subcontract. City agrees that Vendor may use independent contractors to perform the referee services provided by this Agreement. 10. INSURANCE. Vendor shall provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: 10.1 Coverage and Limits (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate (b) Worker's Compensation: Vendor Services Agreement—Fort Worth Cup Page 4 of 18 Iref Big Balls Up,Inc. Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the work is being performed Employers' liability $100,000- Bodily Injury by accident; each accident/occurrence $100,000- Bodily Injury by disease; each employee $500,000- Bodily Injury by disease; policy limit (c) Professional Liability(Errors & Omissions): $1,000,000 - Each Claim Limit $1,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be claims-made, and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance shall be submitted to City to evidence coverage. 10.2 General Requirements (a) The commercial general liability and automobile liability policies shall name City as an additional insured thereon, as its interests may appear. The term City shall include its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers' compensation policy shall include a Waiver of Subrogation (Right of Recovery) in favor of City. (c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage shall be provided to City. Ten(10)days' notice shall be acceptable in the event of non-payment of premium.Notice shall be sent to the Risk Manager, City of Fort Worth, 200 Texas Street,Fort Worth,Texas 76102,with copies to the Fort Worth City Attorney at the same address. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide,or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required,written approval of Risk Management is required. (e) Any failure on the part of City to request required insurance documentation shall not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that Vendor has obtained all required insurance shall be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. Vendor Services Agreement—Fort Worth Cup Page 5 of 18 Iref Big Balls Up, Inc. 11. COMPLIANCE WITH LAWS,ORDINANCES,RULES AND REGULATIONS. Vendor agrees that in the performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules or regulations,Vendor shall immediately desist from and correct the violation. 12. NON-DISCRIMINATION COVENANT. Vendor, for itself, its personal representatives, assigns, subVendors and successors in interest, as part of the consideration herein, agrees that in the performance of Vendor's duties and obligations hereunder,it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL REPRESENTATIVES,ASSIGNS, SUBVENDORSS OR SUCCESSORS IN INTEREST,VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2)delivered by facsimile with electronic confirmation of the transmission, or(3)received by the other party by United States Mail,registered, return receipt requested, addressed as follows: To CITY: To VENDOR: City of Fort Worth Iref Big Balls Up, Inc. Attn: Fernando Costa, Assistant City Manager Becky Ramirez, Owner 200 Texas Street 1121 NW Renfro Fort Worth,TX 76 1 02-63 14 Burleson,TX,76028 Facsimile: (817)392-8654 Facsimile: With copy to Fort Worth City Attorney's Office at same address 14. SOLICITATION OF EMPLOYEES. Neither City nor Vendor shall, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor,any person who is or has been employed by the other during the term of this Agreement,without the prior written consent of the person's employer. Notwithstanding the foregoing, this provision shall not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. Vendor Services Agreement—Fort Worth Cup Page 6 of 18 Iref Big Balls Up,Inc. 15. GOVERNMENTAL POWERS. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 16. NO WAIVER. The failure of City or Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. GOVERNING LAW/VENUE. This Agreement shall be construed in accordance with the laws of the State of Texas.If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 18. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 19. FORCE MAJEURE. City and Vendor shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 20. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement,and are not intended to define or limit the scope of any provision of this Agreement. 21. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or Exhibits A, B, and C. 22. AMENDMENTS/MODIFICATIONS/EXTENSIONS. No amendment, modification, or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument,which is executed by an authorized representative of each party. Vendor Services Agreement—Fort Worth Cup Page 7 of 18 Iref Big Balls Up,Inc. 23. ENTIRETY OF AGREEMENT. This Agreement, including Exhibits A, B and C, contains the entire understanding and agreement between City and Vendor,their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 24. COUNTERPARTS. - This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. 25. WARRANTY OF SERVICES. Vendor warrants that its services will be of a high quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty(30)days from the date that the services are completed. In such event, at Vendor's option, Vendor shall either (a) use commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty, or (b)refund the fees paid by City to Vendor for the nonconforming services. 26. IMMIGRATION NATIONALITY ACT. Vendor 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, Vendor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor 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 Vendor employee who is not legally eligible to perform such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Vendor, shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. 27. OWNERSHIP OF WORK PRODUCT. City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in conjunction with the services provided under this Agreement(collectively, "Work Product"). Further, City shall be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product shall be considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product, and all copies thereof,and in and to the copyright,patent,trademark,trade secret,and all other proprietary Vendor Services Agreement—Fort Worth Cup Page 8 of 18 Iref Big Balls Up,Inc. rights therein, that City may have or obtain, without further consideration, free from any claim, lien for balance due, or rights of retention thereto on the part of City. 28. SIGNATURE AUTHORITY. The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party,and that such binding authority has been granted by proper order,resolution,ordinance or other authorization of the entity.This Agreement and any amendment hereto, may be executed by any authorized representative of Vendor whose name, title and signature is affixed on the Verification of Signature Authority Form, which is attached hereto as Exhibit"C". Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 29. CHANGE IN COMPANY NAME OR OWNERSHIP Vendor shall notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records.The president of Vendor or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement.Failure to provide the specified documentation so may adversely impact future invoice payments. 30. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL Vendor 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, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott Israel; and (2)will not boycott Israel during the term of the contract. (signature page follows) Vendor Services Agreement—Fort Worth Cup Page 9 of 18 Iref Big Balls Up,Inc. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective on the dates set forth in section 2. ACCEPTED AND AGREED: CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that 1 am the person responsible for the monitoring and administration of By: this contract,including ensuring all performance and Name: Fernando Costa reporting requirements. Title: Assistant City anager i A Date: � By. __-- Name: Michae tcher APPROVAL RECOMMENDED- Title: Athletic oordinator, Park and Recreation APPROVED AS TO FORM AND LEGALITY: By: -- - — ----- --- ..... Nam Davi Creek Title: Acting Director, Park and Recreation By. Name: Richard A. McCracken ATTEST: Title: Sr.Assistant City Attorney «, CONTRACT AUTHORIZATION: By: _� -&C: N/A Name: M• Kay 1ltllr. tatty Secretary VENDOR: Irsrj Brg aI Up,Inc. ATTEST: By: By: Name: Becky Ramirez Name: Title: Owner Title: Date: OFFICIAL RECORD Vendor Services Agreement—Fort Worth Cup CITY SIe " Iref Big Balls Up,Inc. 711 �-P 7 EXHIBIT A SCOPE OF SERVICES Vendor agrees to supply soccer officials needed for all soccer games for the Fort Worth Cup, an adult (players participating are over 18 years of age) soccer tournament held at Gateway Park, August 23 —25, 2019. Vendor shall provide one "center" referee and two "assistant"(or line)referees for each tournament game. Any referee supplied by the Vendor to work these games must have or possess the following to officiate games in the Fort Worth Cup: 1. Skilled in the understanding and applications of the FIFA "Laws of the Game" and previously have officiated organized soccer games, preferably adult (over 18) soccer games; 2. A general soccer officials uniform, which consists of a yellow striped referee shirt, black shorts, black over-the-calf socks (3 stripes at top of socks allowed) and black shoes used for the game of soccer (no spiked or tennis shoes). Each official must provide their own watch to keep game time; the center official must provide flags, their own whistle, coin, and red and yellow cards, and scoresheet; 3. Able to referee multiple games in one day, if required; and 4. Over 18 years of age as of August 23, 2019. Vendor shall ensure that all referees have within the last year(August 1, 2018 or after)successfully passed a state and national background investigation meeting the standards adopted by the City for volunteers which is attached hereto as Exhibit"M and incorporated herein for all purposes; Vendor Services Agreement—Fort Worth Cup Page 11 of 18 Iref Big Balls Up,Inc. EXHIBIT B PRICE SCHEDULE Vendor agrees to pay Vendor's referees upon completion of their assigned games. Vendor will submit an invoice to the City upon conclusion of the Fort Worth Cup. City will pay Vendor in accordance with chapter 2251 of the Texas Government Code City shall pay Vendor$102.00 for each game in accordance with the following payment schedule: Center official(1 per game): $45.00 per game Assistant official(2 per game): $25.00 per game, per official Assignor fee: 3 officials per game-$7.00 per game (1 center, 2 assistants per match) Total payments for each game: $102.00 Vendor Services Agreement—Fort Worth Cup Page 12 of 18 Iref Big Balls Up,Inc. EXHIBIT C VERIFICATION OF SIGNATURE AUTHORITY VENDOR NAME: IREF BIG BALLS UP ADDRESS: 1121 NW RENFRO BURLESON,TX 76028 SERVICES TO BE PROVIDED: ADULT SOCCER OFFICIALS Execution of this Signature Verification Form ("Form")hereby certifies that the following individuals and/or positions have the authority to legally bind Vendor and to execute any agreement, amendment or change order on behalf of Vendor. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Vendor.City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Vendor. 1. Name: Position: Signature 2. Name: Position: Signature 3. Name: Position: S4otresidenl Signature CFO Other Title: Date: Vendor Services Agreement Fort Worth Cup Page 13 of 18 Iref Big Balls Up,Inc. EXHIBIT D BACKGROUND CHECK STANDARDS DEPARTMENT POLICY VOLUNTEER BACKGROUND SCREENING POLICY PARK AND RECREATION EFFECTIVE DATE: 10/01/ 015 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. Vendor Services Agreement—Fort Worth Cup Page 14 of 18 Iref Big Balls Up,Inc. DEPARTMENT POLICY VOLUNTEER BACKGROUND SCREENING POLICY PARK AND RECREATION EFFECTIVE DATE: 10/01/2015 D12 9 Approved by Director , page 2 of 5 PROCEDURES: I. 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. Vendor Services Agreement—Fort Worth Cup Page 15 of 18 Iref Big Balls Up,Inc. 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 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. 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 Vendor Services Agreement—Fort Worth Cup Page 16 of 18 Iref Big Balls Up,Inc. 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. 11. 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. Vendor Services Agreement—Fort Worth Cup Page 17 of 18 Iref Big Balls Up,Inc. 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. Vendor Services Agreement—Fort Worth Cup Page 18 of 18 Iref Big Balls Up,Inc.