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HomeMy WebLinkAboutContract 54655 CSC No. 54655 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 FORT WORTH HOPE CENTER, a Texas non-profit corporation("Provider"). WHEREAS, City, through its Neighborhood Services Department ("NSD") operates various programs to provide career training,job assistance, and work guidance programs and activities for eligible participants;and WHEREAS,Provider wishes to provide additional career training programs for participants at the Fort Worth HOPE Center located at 3625 E Loop 820 S,Fort Worth, TX 76119(the"HOPE Center"). NOW, THEREFORE, in consideration of the covenants and agreements contained in this Agreement, City and Provider hereby agree as follows: SECTION I LOCATION PROGRAM AND SCHEDULE Provider shall provide OSHA Compliant Forklift Training and Supply Chain Logistics Certification(the "Program"), as further described in Exhibit A, which is attached hereto and incorporated herein for all purposes, at the HOPE Center at times and dates to be determined and as mutually agreed upon by City and Provider. SECTION 2 TERM OF AGREEMENT Unless terminated earlier pursuant to the terms herein, the initial term of this Agreement shall begin on June 15, 2020 and expire on December 31, 2021 ("Term"). This Agreement may be renewed for five additional one-year periods upon written agreement of the Pat-ties. SECTION 3 FEES AND PAYMENT City shall pay Provider a fee for each eligible participant ("Program Participant") as set forth in Exhibit A, which is attached hereto and incorporated herein for all purposes. The City's Neighborhood Services Department shall select, nominate, and approve each Program Participant. The City shall not be liable for fees for participants that have not been approved by the City. The City shall not be liable for any additional amount not specified by this Agreement unless the City first approves such expenses in writing. SECTION 4 DUTIES AND RESPONSIBILITIES 4.1 In addition to any other duties and responsibilities set forth in this Agreement, Provider shall: 4.1.1 Be liable and responsible for the proper supervision of all the City or Neighborhood Services Department approved Program Participants during the program. OFFICIAL RECORD CITY SECRETARY NSD Program Provider Agreement 1 of 17 FT. WORTH, TX 4.1.2 Create and maintain a written safety program that includes procedures and rules governing the Program, which shall be provided to the Neighborhood Services Department Director, as applicable,upon request. 4.2 Provider agrees that it 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. SECTION S AGE REQUHtEMENT AND BACKGROUND CHECKS 5.1 The safety and security of all Program Participants is of paramount importance to the City. 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 meet the appropriate background screening standards adopted by the Neighborhood Services Department. 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. 5.2 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 or older. SECTION 6 FORCE MAJEURE 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; pandemics; 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 7 LIABILITY AND INDEMNIFICATION 7.1 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 REPRESENTATIVES, AGENTS, SERVANTS, CONTRACTORS, EMPLOYEES, PATRONS, NSD Program Provider Agreement Fort Worth HOPE Center 2 of 11 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. 7.2 INDEMNIFICATION -- PROVIDER, AT ITS SOLE COST AND EXPENSE, AGREES TO AND DOES HEREBY DEFEND, INDEMNIFY, PROTECT, AND HOLD HARMLESS CITY AND CITY'S 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 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 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"). 7.3 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. 7.4 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. 7.5 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 8 INSURANCE REQUIREMENTS 8.1 Provider shall abide by the insurance requirements set forth in Exhibit B,which is attached hereto and incorporated herein for all purposes. NSD Program Provider Agreement Fort Worth HOPE Center 3 of 17 SECTION 9 AUDIT 9.1 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. 9.2 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 shalt 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 10 TERMINATION 10.1 Termination for Convenience. This Agreement may be terminated without cause by either party upon thirty(30)days written notice of such intent to terminate. 10.2 Fiscal Funding Out. Notwithstanding anything to the contrary, if, for any reason, at any time during the term of the Agreement, the Foil 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. 10.3 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 he 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 11 LICENSES AND PERMITS Provider shall, at its sole expense, obtain and keep in effect all licenses and permits necessary for its operations. SECTION 12 lND Program Provider Agreement Fort Worth HOPE Center 4 of 17 NOTICES 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 Hope Center Neighborhood Services Department Director 4101 W. Green Oaks Blvd 200 Texas St Suite 305 Box 500 Fort Worth, Texas 76102 Arlington, Texas 76016 With copy to: City of Fort Worth Attn:Assistant City Attorney, Assistant City Manager, and Assistant 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 13 NONDISCRIMINATION 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 14 VENUE AND CHOICE OF LAW Provider and City agree that this Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas--Fort Worth Division. SECTION 15 THIRD-PARTY RIGHTS AND ASSIGNMENTS 15.1 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. 15.2 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. NS€)Program Provider Agreeinent Fort Worth[LOPE Center 5 of 17 SECTION Ib BINDING COVENANTS 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 17 INDEPENDENT CONTRACTOR 17.1 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 18 AMENDMENTS, CAPTIONS,AND INTERPRETATION 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 19 GOVERNMENTAL POWERS AND IMMUNITIES It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. SECTION 20 CHARITABLE IMMUNITY Provider agrees that if it is a charitable organization, corporations, entity or individual enterprise having, claiming or entitled to any immunity, exemption (statutory or otherwise) or limitation from and against liability for damage or injury to property or persons under the provisions of the Charitable Immunity and Liability Act of 1987, C.P. R.C., § 84.001 et seq., or other applicable law, that Provider hereby expressly waives its right to assert or plead defensively any such immunity or limitation of liability as against City. NSD Program Provider Agreement Fort Worth HOPE Center 6 of 17 SECTION 21 AUTHORIZATION AND COUNTERPARTS AND ELECTRONIC SIGNATURES 21.1 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. 21.2 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 22 SEVERABILITY AND NO WAIVER 22.1 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. 22.2 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 23 COMPLIANCE WITH LAWS 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 24 SOLE AGREEMENT 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 25 IMMIGRATION NATIONALITY ACT Provider shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Provider shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Provider shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Provider employee who is not legally eligible to perform such services. PROVIDER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY INSTRUCTOR, INSTRUCTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon NS17 Program Provider Agreement Fort Worth HOPE Center 7 of 17 written notice to Provider, shall have the right to immediately terminate this Agreement for violations of this provision by Provider. [signature page follows] NSO Program Provider Agreement Fort Worth HOPE,Center 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. CITE'OF PORT WORTH: CONTRACT COMPLIANCE By: MANAGER: Name: Fernando Costa By signing I acknowledge that I am the Title: Assistant City Manager person responsible for the monitoring and administration of this contract, including Date: act a,zaxo p'd44FCRT��a ensuring all performance and reporting ,ro 00000000/yaaa requireme S. , 000 o pgo o �=a ATTEST: By: `VLt pA 000 *� By, or Ronald P.Gonzales(Oct ,202012:32 T) oa — Name: Sonia Singleton as nEXp54go Name: Mary Kayser Title: Assistant Director Title: City Secretary APPROVED AS TO FORM AND LEGALITY: Name:'Matthew Murray Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: No M&C required.- Ordinance No. 24161-04-2020 1295: NIA PROVIDER: By: � Name: JoAnn Reyes Title: President Date: Sept 19,2020 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX N,3D Program Provider Agreement Port Worth HOPE Center 9 of 17 EXHIBIT A OSHA Compliant Forklift Training and Certifications Purpose The FW HOPE Center's School of HOPE is providing a Forklift Certification Training Program in accordance with 'industry recognized' OSHA requirements to prepare individuals for operating forklifts for employment purposes. OSHA standard areas covered: • Differences between Forklift and Auto • Forklift characteristics, including handling, capacity, load center and center of gravity • Vehicle stability • Operating limitations • General safety rules and policies • General safe operating procedures • Pre-operation inspections and maintenance the operator will be required to perform • Refueling and/or charging and recharging batteries • Hazards specific to the work place or operation environment • Awareness of mechanical components and their functions • How to handle mechanical emergencies • Safe loading and unloading procedures • Controls and Instrumentation • Engine or motor operation • Steering and maneuvering • Visibility • Fork and/or attachment adaption, operation and limitations of their use • Picking up loads • Traveling with a load • Placing a load • Loading and Unloading trailers • Procedures for handling loads Trainee Eligibility • Must be 18 years of age or older • May be an Individual sponsored by an employment agency or company • Must be an individual desiring to be certified as a forklift operator for future employment. • Minimum eighth grade level education recommended NSD Program Provider Agreement Fort Wordi HOPE Center 10 of 17 Forklift Class sessions run Monday — Friday from 9 am — 4pm on a weekly schedule as follows: (Schedule may vary depending on class performance at instructor's discretion) Monday: gam- 12pm... OSHA safety training and test. 12:30 pm—4 pm...Electric Pallet Jack Tuesday: 9 am-- 12 pm... Order Picker 12:30 pm—4 pm...Sit Down Wednesday: 9 am—4 pm...Sit Down Thursday: 9 am—4 pm...Stand-Up Friday: 9 am—4 pm... Stand-Up Group Classes: 35 Hour OSHA Compliant Group Forklift Certification... Six days of training... Students will attend four machine training first week, and return for Clamp and Walkic/Stacker the following week) Cost: S700 • Sit Down Counterbalance • Stand Up/Narrow Aisle Reach • Order Picker Forklift • Walkie/Rider Pallet.lack • Clamp Truck(Propane Sit Down w/Clamp) • Walkie/Stacker Pallet Jack 30 Hour OSHA Compliant Group Forklift Certification...Five days of training following the schedule listed above: Cost: $500... W/Clamp: $575 • Sit Down Counterbalance • Stand Up/Narrow Aisle Reach • Order Picker Forklift • Walkie/Rider Pallet Jack Individual Classes will follow the schedule listed above: • Sit Down Counterbalance...$150 • Stand Up/Narrow Aisle Reach...$150 • Order Picker Forklift...$150 • Walkie/Rider Pallet Jack...$150 • Clamp Truck(Propane Sit Down w/Clamp) ...$225 • Walkie/Stacker Pallet Jack...$150 NSD Program Provider Agreement Port Worth HOPE Center 11 of 17 CERTIFIED LOGISTICS TECHNICIAN (CLT) DESCRIPTION The purpose of the Certified Logistics Technician (CLT) program is to recognize through certification individuals who demonstrate mastery of the core competencies of material handling at the front-line (entry-level through front-line supervisor) through successful completion of the certification assessments. The goal of the CLT certification program is to raise the level of performance of logistics technicians both to assist the individuals in finding higher-wage jobs and to help employers ensure their workforce increases the company's productivity and competitiveness. CLT consists of two parts: • Foundational-level Certified Logistics Associate (CLA) Certificate • Mid-level technical CLT Certification. CRITICAL WORK FUNCTIONS COVERED BY MSSC COURSES AND ASSESSMENTS: MSSC strongly recommends that individuals be at the 8th grade level of math and 9th grade level of English before attempting MSSC courses and assessments. CERTIFIED LOGISTICS ASSOCIATE(CLA) CERTIFIED LOGISTICS TECHNICIAN (CLT) 1.Global supply chain logistics life cycle 1.Product receiving 2.Logistics environment 2.Product storage 3.Material handling equipment 3.order processing 4.Safety principles 4.Packaging and shipment 5.safe material handling and equipment operation S.Inventory control 6.Quality control principles 6.Safe handling of hazrnat materials 7.Workplace communications 7.Evaluation of transportation modes 8.Teamwork and workplace behavior to solve problems 8.Dispatch and tracking 9.Using computers 9.Measurements and metric conversions Candidates must have a CLA Certificate before sitting for the CLT assessment ASSESSMENTS (NOCTI) Individuals demonstrate their understanding of the core skills and knowledge through two assessments based upon MSSC's industry-defined, nationally validated skill standards. Delivered online, each assessment contains about 80 multiple- choice questions (paper tests are available in special circumstances). Individuals are allowed 90-120 minutes to complete each assessment. MSSC provides assessment scores as soon as the individual completes an assessment showing whether an individual met the "cut" scores for passing. This immediate feedback includes a diagnostic report for the individual showing how he or she scored on the key work activities within both CLA and CLT. This information is intended for self- improvement and is provided to all test-takers whether they pass or not. GENERAL POLICIES ® If assessments are not passed on the first attempt the individual must wait 15 calendar days before retesting. ® If the individual does not pass a second time, he/she student must wait another 15 calendar days before testing again. If a he/she does not pass a third time, the individual must wait 60 calendar days before taking the assessment again There are no discounts for assessment retakes MSSC strongly recommends that individuals be at an Sth-grade math and 90th-grade reading level. CREDENTIALS MSSC issues credentials for success on individual assessments. CERTIFICATES Individuals who pass the CLA assessment will be able to: o Download or Purchase the CLA Certificate NSD Program Provider Agreement Fort worth HOPE Center 13 of 17 • Purchase a Small CLA Arm Patch • Download Key Work Activities document to share with employers FULL CERTIFICATION Individuals who pass both CLA and CLT assessments, they will earn and be able to: ® Download or Purchase the Full Certification document that bears the Ci_T logo, NAM logo (NAM-endorsed Skills Certification) with ISO 17024 reference Purchase a Large CLT Arm Patch Download the Key Work Activities document to share with employers ® Both Certifications also include a NOCTI skill badge which can be added to resume Schedule and Costs: CLA: 1 Week 40 Hours...$800 CLT: 2 Weeks 80 Hours...$1,600 CLT + Forklift Group of 4: 3 Weeks 110 Hours... $2,000 CLT + Forklift Group of 6: 3 1/z Weeks 120 Hours...$2,200 (Number of Hours may vary based on student progress) Logistics classes will be held on a monthly basis TBD NSD Program Provided Agreement Fort Worth HOPE Center 14 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 Coveral;es 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 NSD Program Provider Agreement Fort Worth I IOPE Center 15 of 17 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 I. $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 worker's compensation insurance if Provider does not employ at least one full time employee. 1.2 Additional Requirements. i. Such insurance amounts shall be revised upward at City's reasonable option and no more frequently than once every 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 NSD Program Provider Agreement Fort Words IWE Center 16 of 17 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. NSD Program Provider Agreement Fort Worth HOPE Center 17 of 17