Loading...
HomeMy WebLinkAboutContract 56747 CSC No. 56747 WORKSITE TRAINING AGREEMENT FOR THE GOODWILL SUMMER YOUTH WORK PROGRAM This WORKSITE TRAINING 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 Valerie R. Washington, its duly authorized Assistant City Manager, and GOODWILL INDUSTRIES OF FORT WORTH,INC,("Employer"),a Non-Profit,and acting by and through David G.Cox,its duly authorized President and Chief Executive Officer(CEO),each individually referred to as a "party"and collectively referred to as the "parties." WHEREAS, Employer conducts the Summer Earn and Learn Work Experience Program ("Program") in order to provide students with disabilities ("participants") the opportunity to participate in paid work experience in conjunction with employability skills training during the summer; and WHEREAS, City believes that certain opportunities exist within the City to provide a worksite for Participants to participate in the Program; and WHEREAS, Employer and City believe that executing this agreement will provide a meaningful opportunity for a number of Participants while raising awareness of City functions and the programs offered by Employer. NOW THEREFORE,Employer and City hereby enter into the following Agreement: AGREEMENT DOCUMENTS: The Agreement documents include the following: 1. This Worksite Training Agreement; 2. Exhibit A—Scope of Work; 3. Exhibit B—Verification of Signature Authority Form; and 4. Exhibit C—Participant Waiver 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 will control.As a condition precedent to this agreement,both Parties agree that it is made based on a good and valuable consideration.For the City's performance in accordance with this Agreement,City recognizes that Employer is providing a valuable resource to Fort Worth Citizens with disabilities.The City recognizes that this will help enrich the citizenry of Fort Worth and further its purpose of making Fort Worth the most livable City in the Country. For Employer's performance in accordance with this Agreement, Employer recognizes that City is providing a necessary resource in order for Employer to carry out its program and without City's performance these Participants would not have the opportunity to participate in the Program. 1. SCOPE OF SERVICES. City will allow up to fifty participants to engage in specific activities and assignments within the City of Fort Worth in accordance with this Agreement. Exhibit"A,"- Scope of Services more specifically describes the services to be provided hereunder. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Professional Services Agreement Page 1 of 21 2. TERM. This Agreement will begin upon execution by the City ("Effective Date") and will expire on September 1, 2022 ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). 3. COMPENSATION AND CONSIDERATION. Neither Party will owe any amount of money for any reason whatsoever to the other Party for services rendered in connection with this Agreement.City will not be liable nor owe any payment,fee,cost, penalty,or money for any other reason whatsoever to Employer or any Participant in Employer's program who performs any services in connection with this agreement. Employer will be solely responsible for any payment,cost,fee,or other benefit provided to the participants in its Program and who provide services in connection with this Agreement. The Parties agree that there is good and valuable consideration from each party to the other and that each Party is providing a benefit through its performance of its duties hereunder to the other. In consideration for its performance, City recognizes that more people will become aware of City functions, and a generally underserved population of students in the City will gain work and life experience which will benefit the City overall.In consideration for its performance,Employer recognizes that its Participants will receive valuable work experience and become more familiar with City programs, departments, and functions. 4. TERMINATION. 4.1. Written Notice. City or Employer may terminate this Agreement at any time and for any reason by providing the other party with 30 days' written notice of termination without any penalty of any kind. 4.2 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date,all services in connection with this Agreement will stop immediately. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 5.1 Disclosure of Conflicts. Employer hereby warrants to City that Employer has made full disclosure in writing of any existing or potential conflicts of interest related to Employer's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Employer hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information. Employer, for itself and its officers, agents and employees, agrees that it will treat all information provided to it by City("City Information") as confidential and will not disclose any such information to a third party without the prior written approval of City. 5.3 Unauthorized Access. Employer must store and maintain City Information in a secure manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Employer must 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, Employer will, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what Professional Services Agreement Page 2 of 21 information has been accessed by unauthorized means and will fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. RIGHT TO AUDIT. Employer agrees that City will, until the expiration of three (3) years after expiration of 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 Employer involving transactions relating to this Agreement at no additional cost to City. Employer agrees that City will have access during normal working hours to all necessary Employer facilities and will be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section.City will give Employer reasonable advance notice of intended audits. This provision will survive the expiration or termination of this Agreement. 7. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Employer and all participants in Employer's Program will operate as an independent contractors 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, Employer will 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, participants,servants,employees,consultants and subcontractors.Employer acknowledges that the doctrine of respondeat superior will not apply as between City, its officers, agents, servants and employees, and Employer,its officers,agents,participants,employees,servants,contractors and subcontractors. Employer further agrees that nothing herein will be construed as the creation of a partnership or joint enterprise between City and Employer. It is further understood that City will in no way be considered a Co-employer or a Joint employer of Employer or any officers,agents,participants,servants,employees or subcontractors of Employer. Neither Employer, nor any officers, agents, participants, servants, employees or subcontractors of Employer will be entitled to any employment benefits from City. Employer will be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers,agents,participants,servants,employees or subcontractors. 8. LIABILITY AND INDEMNIFICATION. 8.1 LIABILITY-EMPLOYER WILL 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 EMPLOYER, ITS OFFICERS, PARTICIPANTS,AGENTS,SERVANTS OR EMPLOYEES. 8.2 GENERAL INDEMNIFICATION - EMPLOYER HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR PROPERTY DAMAGE OR LOSS(INCLUDING ALLEGED DAMAGE OR LOSS TO EMPLOYER'S BUSINESS AND ANY RESULTING LOST PROFITS), CONTRACTUAL DISPUTES FROM PARTICIPANTS, AND/OR Professional Services Agreement Page 3 of 21 PERSONAL INJURY,INCLUDING DEATH, TO ANY AND ALL PERSONS,ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. THIS SPECIFICALLY INCLUDES ANY LIABILITY, CLAIMS, LAWSUITS, DAMAGES, OR OTHER COSTS OF ANY KIND OR CHARACTER THAT ARE CAUSED BY ANY ACTION OR OMISSION BY CITY, CITY'S OFFICERS, EMPLOYEES, OR SUBCONTRACTORS IN CONNECTION WITH THIS AGREEMENT., 8.3 This section will survive the expiration or termination of this Agreement. 9. ASSIGNMENT AND SUBCONTRACTING. 9.1 Assignment. Employer will not assignor 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 will execute a written agreement with City and Employer under which the assignee agrees to be bound by the duties and obligations of Employer under this Agreement. Employer and Assignee will be jointly liable for all obligations of Employer under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract, subcontractor must execute a written agreement with Employer referencing this Agreement under which subcontractor will agree to be bound by the duties and obligations of Employer under this Agreement as such duties and obligations may apply. Employer must provide City with a fully executed copy of any such subcontract. 10. INSURANCE. Employer must 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) Automobile Liability: $1,000,000- Each occurrence on a combined single limit basis Coverage will be on any vehicle used by Employer, its employees, agents, or representatives in the course of providing services under this Agreement. "Any vehicle"will be any vehicle owned,hired and non-owned. (c) Worker's Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the work is being performed Employers' liability Professional Services Agreement Page 4 of 21 $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 (d) 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 must 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 must be submitted to City to evidence coverage. 10.2 General Requirements (a) The commercial general liability and automobile liability policies must name City as an additional insured thereon,as its interests may appear.The term City includes its employees,officers,officials,agents,and volunteers in respect to the contracted services. (b) The workers' compensation policy must 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 must be provided to City. Ten(10)days' notice will be acceptable in the event of non-payment of premium.Notice must be sent to the Contract Manager, Municipal Court City of Fort Worth, 1000 Throckmorton, 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 will not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that Employer has obtained all required insurance will be delivered to the City prior to Employer proceeding with any work pursuant to this Agreement. Professional Services Agreement Page 5 of 21 11. COMPLIANCE WITH LAWS, ORDINANCES,RULES AND REGULATIONS. Employer agrees that in the performance of its obligations hereunder, it will 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 Employer of any violation of such laws,ordinances,rules or regulations,Employer must immediately desist from and correct the violation. 12. NON-DISCRIMINATION COVENANT. Employer, for itself, its personal representatives, participants, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Employer's duties and obligations hereunder,it will 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 EMPLOYER, ITS PERSONAL REPRESENTATIVES, PARTICIPANTS, ASSIGNS, SUBEMPLOYERSS OR SUCCESSORS IN INTEREST,EMPLOYER 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 will 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 EMPLOYER: City of Fort Worth Goodwill Industries of Fort Worth,INC, Attn: Valerie R. Washington, Attn: David G. Cox, Assistant City Manager President&Chief Executive Officer 200 Texas Street PO Box 15520/4005 Campus Drive Fort Worth,TX 76102-6314 Fort Worth,Texas 76119 Facsimile: (817) 392-8654 Facsimile: 817-536-8806 With copy to Fort Worth City Attorney's Office at same address 14. SOLICITATION OF EMPLOYEES. Neither City nor Employer will,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 Employer,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 will not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. Professional Services Agreement Page 6 of 21 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 Employer to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or Employer's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. GOVERNING LAW/VENUE. This Agreement will 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 will 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 will not in any way be affected or impaired. 19. FORCE MAJEURE. City and Employer will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement,but will not be held liable for any delay or omission in performance due to force maj cure 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;epidemics or pandemics;government action or inaction;orders of government; material or labor restrictions by any governmental authority; transportation problems; restraints or prohibitions by any court,board,department,commission,or agency of the United States or of any States; civil disturbances;other national or regional emergencies;or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected(collectively,"Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of,such prevention or hindrance,provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice required by this section must be addressed and delivered in accordance with Section 13 of this Agreement. 20. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only, will 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 Professional Services Agreement Page 7 of 21 drafting party will 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 will be binding upon a party hereto unless set forth in a written instrument,which is executed by an authorized representative of each party. 23. COUNTERPARTS. This Agreement may be executed in one or more counterparts and each counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute one and the same instrument. 24. IMMIGRATION NATIONALITY ACT. Employer must 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, Employer will provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Employer must adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Employer employee who is not legally eligible to perform such services. EMPLOYER WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY EMPLOYER, EMPLOYER'S EMPLOYEES, SUBCONTRACTORS, PARTICIPANTS, AGENTS, OR LICENSEES. City, upon written notice to Employer, will have the right to immediately terminate this Agreement for violations of this provision by Employer. 25. OWNERSHIP OF WORK PRODUCT. City will 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 will be the sole and exclusive owner of all copyright, patents, trademark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product will 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 will 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, Employer 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 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. 26. 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 Employer whose name,title,and signature is affixed on the Verification of Signature Authority Form, which is attached hereto as Exhibit `B". Each party is Professional Services Agreement Page 8 of 21 fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 27. CHANGE IN COMPANY NAME OR OWNERSHIP Employer must 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 Employer 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. 28. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL If Employer has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Employer acknowledges that in accordance with Chapter 2271 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"has the meanings ascribed to those terms in Section 2271 of the Texas Government Code. By signing this Agreement, Employer certifies that Employer's signature provides written verification to the City that Employer: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. 29. PROHIBITION ON BOYCOTTING ENERGY COMPANIES. Employer acknowledges that in accordance with Chapter 2274 of the Texas Government Code,as added by Acts 2021, 87th Leg.,R.S., S.B. 13, § 2,the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1)does not boycott energy companies; and(2)will not boycott energy companies during the term of the contract. The terms"boycott energy company" and "company"have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code,as added by Acts 2021, 87th Leg.,R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement,by signing this Agreement,Employer certifies that Employer's signature provides written verification to the City that Employer: (1)does not boycott energy companies; and(2)will not boycott energy companies during the term of this Agreement. 30. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES. Employer acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code,as added by Acts 2021,87th Leg.,R.S.,S.B. 19, § 1,the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice,policy, guidance, or directive that discriminates against a firearm entity or firearm trade association;and(2)will not discriminate Professional Services Agreement Page 9 of 21 during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code,as added by Acts 2021, 87th Leg.,R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Employer certifies that Employer's signature provides written verification to the City that Employer: (1) does not have a practice,policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 31. ELECTRONIC SIGNATURES. This Agreement may be executed by electronic signature,which will be considered as an original signature for all purposes and have the same force and effect as an original signature. For these purposes, "electronic signature"means electronically scanned and transmitted versions(e.g.via pdf file or facsimile transmission)of an original signature,or signatures electronically inserted via software such as Adobe Sign. 32. ENTIRETY OF AGREEMENT. This Agreement, including Exhibits A,B and C, contains the entire understanding and agreement between City and Employer,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.Nothing herein is intended and should not be construed to create any third-party beneficiaries to this Agreement. (signature page follows) Professional Services Agreement Page 10 of 21 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this day of 120 ACCEPTED AND AGREED: CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of BY Valerie Washington(Dec 13,202117:08 CST) this contract,including ensuring all performance and Name: Valerie R.Washington reporting requirements. Title: Assistant City Manager Dec 13,2021 �-- Date: By: Shelley Hollars(Dec 9,202117:09 CST) Name: Shelley Hollars APPROVAL RECOMMENDED: Title: Administrative Services Manager APPROVED AS TO FORM AND LEGALITY: By: William Rrmuly e ,202110:01 CST) AW- Name: William F. Rumuly By: Nico Arias(Der 13,202117:06 CST) Title: Court Director Name: Nico Arias ATTEST: Title: Assistant City Attorney CONTRACT AUTHORIZATION: r M&C: N/A 7Gl`I`IG��G c1 C7000�GI�G 1295:N/A By: Jannette S.Goodall(Dec 14,202110:12 CST) Name: Janette Goodall 0o�4��ti�� Title: City Secretary pp FoFORr4kt Od 0 D d!`o a•1d 000 o Z� O�� 004.000000 00 EMPLOYER: Goodwill Industries of Fort Worth,Inc. ATTEST: Hobble ffo�%s 9 By: David Cox(Dec 9,202115:58 CST) By: Bobbie Hodges(Dec ,20211 6:58 CST) •7 Name: David G. Cox Name: Bobbie Hodges Title: President and CEO Title: Sr. Director of WFD Date: Dec 9,2021 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Professional Services Agreement Page 11 of 21 EXHIBIT A SCOPE OF SERVICES A. Worksite availability: 1. Duties/Assignments will include but are not limited to those identified in in this Exhibit. 2. Student placement will be based upon identified needs and not exceed 50 participants. 3. All work will take place at City of Fort Worth Facilities or properties, as discussed below. 4. Only Participants ages 15-22 are eligible for placement at City worksites. B. City requirements prior to participant's arrival: 1. Unless Participant has been completed all CJIS requirements, the Participant must be escorted by a City employee at all times when in any CJIS secured area—regardless of whether a computer terminal is present. 2. Participant or Participant's legal guardian must provide a signed and notarized waiver included as Exhibit C. C. City's Requirements: 1. City's supervisor(s)/mentor(s) must go through a supervisor's/mentor's orientation prior to any placement. 2. Provide supervision (and if required), safety training, supplies and equipment to perform the work. 3. Record and report work hours using the Youth Work Experience Payroll Timesheet. Submit time sheet to Employer for processing. 4. Evaluate each participant's performance on a daily basis. City will also provide a performance analysis of each participant at the end of the program. 5. Contact Employer's contact person when students or training related problems occur. 6. Notify Employer if or when change in supervision occurs. 7. May not assign a participant to perform work that: a.) engages in political patronage, lobbying or other political activities;b.)are of a religious or anti-religious organization; or c.)partake in any tasks not allowed under Child Labor Laws. 8. Will not use a participant to fill a job opening(1)when another individual is on layoff from the same or substantially equivalent job, or(2) when the City has terminated the employment of any regular employee or otherwise reduced its workforce with the intention of filling the vacancy so created by utilizing a participant whose wages are subsidized at current minimum wage level. 9. May not create jobs for participants in a promotional line that will infringe in any way upon the promotional opportunities of currently employed individuals. 10. Will comply with the Americans with Disabilities Act(ADA),and the Drug Free Work Place Act. 11. A participant will not participate in activities that occur in a casino or other gambling establishments,aquarium,zoo,golf course,or swimming pool. D. Employer's Requirements L Provide group or individual orientation to the City's Direct Supervisor/Mentor and the Alternate Supervisor/Mentor, prior to the assignment of a participant to a work site. Such orientation will include the objectives of the program,supervisory responsibilities, training responsibilities,record keeping and DOL regulations. 2. Use the Trainee's component enrollment and objective assessment results to assist with the student's assignment to a work site training slot. 3. Assign a single point of contact that will assist the City with the identification and Professional Services Agreement Page 12 of 21 resolution of training issues and any questions/concerns. 4. Monitor work sites for compliance with all objectives of the program, supervisor responsibilities, training responsibilities, record keeping, and DOL regulations including Child Labor Laws when applicable. 5. Pay all participant wages, taxes, and all benefits of any kind, if applicable, for the scheduled work hours as stated on the Placement Authorization Form(provided by the participant) and in accordance with current Federal Minimum Wage Regulations. All participants must be paid in accordance with applicable laws and regulations. 6. Maintain a current Worker's Compensation Policy and other required insurance and coverage for all participants(copy of report provided in Supervisor Handbook) 7. Prior to placement, Employer will have each participant or the participant's legal representative, who will be placed with the City to execute a Waiver, as attached as Exhibit C, and will provide the original copy to the City. E. TERMINATION OF PARTICIPANT FROM WORKSITE Participants may be terminated from the worksite at any time and for any reason whatsoever without any penalty to the City. City will notify Employer of any participant's termination as soon as practicable once the decision has been made by the City. Employer may remove any participant from the worksite at any time for any reason whatsoever without any penalty to Employer.Employer will notify City of removal as soon as practicable once the decision has been made by Employer. F. Participant Work Location and Description 1. City Manager/Mayor and City Council Locations: City Hall(Current and New) ■ Filing, scanning, light lifting, typing, photocopying, inventorying of items, answering phones,and provide customer service ■ Scanning documents, organizational skills, good communication skills, filing/creating files, typing, and experience with Microsoft programs e.g. word & excel, customer service 2. Code Compliance Department Location: 7th Floor of City Annex ■ Filing/Scanning,light lifting,typing,office organization and inventory 3. Development Department Location: Development Coordination Office ■ Filing,light lifting(10 pounds or less),data entry,prepping folders for scanning, answering telephone ■ Attend weekly staff meetings ■ Filling in during lunch&assisting customers. 4. Diversity and Inclusion Department Location: Hazel Harvey Peace Center for Neighborhoods ■ Update the Department's Human Relations Resource Guide(last updated in 2010). The Guide is a directory of groups interested in better community relations and supporting diversity and inclusion efforts ■ Ability to use a computer to access the internet and verify information currently in the Guide. A computer will be provided Professional Services Agreement Page 13 of 21 ■ Ability to make calls and document updates needed to the Guide. A phone line will be provided ■ Ability to research and identify agencies that should be considered for inclusion in the Guide. ■ Attend bi-weekly staff meeting 5. Fire Department Location: Bob Bolen Public Safety Complex ■ Office assistant: filing, scanning, sorting,copying and printing documents; data entry,including entering fire inspection data;preparing contracts for routing; organize supplies and equipment storage rooms ■ Social media assistant: prepare images and content for social media posts,develop ideas for social media campaigns ■ Capital assets: assist with annual capital inventory,including verifying location of capital assets,updating asset files,data entry ■ Fire Department rotation: spend at least 1-2 days shadowing each section in the Fire Department to learn about their operations and duties ■ Participant to shadow the non-operations sections(e.g. OEM,alarm office,Bureau of Fire Prevention,Training,etc.) ■ Guided Tour of a fire station 6. Information Technology Department Location: Zipper Building ■ Contracts-Organizing contracts by vendor in alphabetical order and by Year ■ Locating contract on the intranet and document the contract number on the file ■ Scanning the contract file onto Laserfische ■ Changing the scanned generic file name to the contract information by vendor and contract number ■ Box up the physical file for records destruction(10 pounds or less) ■ Clean out offices ■ Box up items in filing cabinets left by previous employees(3 offices total) ■ Organize and inventory supply cabinet,order supplies that are running low ■ Dispatch ITSM tickets to the members of IT Finance by task type ■ Inventory cell phones by type ■ Schedule order pickups for cell phone refresh program with the departments ■ Gather documents to perform journal entries i.e. invoices,purchase orders ■ Organize storage room ■ Organize and inventory computer lab ■ General cleaning and organizing of equipment and rooms 7. Municipal Court Department Location: A.D.Marshall Public Safety and Courts Building ■ Lobby Information Desk: Filing, light(less than 10 pounds)lifting,typing,photo copying, inventory of items needed at desk, answer phones, and fill in at lunch& customer service. ■ Office Assistant for Purchasing, Budget, HR, Accounting, and Administrative functions: Assist with FWISD Summer Internship day preparations, help prepare for meetings, scanning documents, help with furniture disposal project oversight, and help organize supply closet/storage room, fill in at front desk during lunch, answer phones,filing/creating files,typing,&invoice deliveries to City Hall AP Professional Services Agreement Page 14 of 21 office. ■ Courtroom assistant: filing,light lifting,typing,and helping with dockets. 8. Neighborhood Services Department Locations: ■ The Neighborhood Services Department would like interns to serve as"Leaders in Training"for the yearly Summer Day Camp program sponsored by the city. Participants will be paired with a community center staff for a hands-on experience in working as a "Leader in Training"; however if an adult assistant/coach to assist the intern to perform successfully is available we would welcome their assistance. ■ The training involves hands-on experience working with a team, shadowing counselors in supervising positions and instructing campers, while providing life skills, which include: responsibility, character, exceptional customer service,ethical behavior,diversity and mutual respect. Additional duties may include: ■ Assisting Fort Worth staff with summer day camp activities that include recreation and educational programs, structured inside and outside activities and events; arts and crafts,games,youth sports and other recreational events. ■ Assist in set up,decoration and clean-up of camp areas 9. Parks and Recreation Department Locations: Forestry—Rolling Hills Tree Farm Park Operations—La Gran Plaza Recreation—Eugene McCray Community Center Recreation—Hillside Community Center Recreation—R.D. Evans Community Center Recreation—Sycamore Community Center Recreation—Victory Forest Community Center Recreation—Thomas Place Community Center Recreation—Mobile Recreation ■ Filing, scanning, sorting,copying,electronic filing of contract documents ■ Organizing files ■ Answering telephone ■ Filling in during lunch ■ Assist customers ■ Update and maintain inventory list ■ Light lifting(10 pounds or less) ■ Shredding documents ■ Filing,light lifting(10 pounds or less),photo copying,inventory of items needed at desk, answer phones,customer service. ■ Help organize closets and light cleaning around center ■ Wiping down gym equipment if needed ■ Assist with water truck operations for planting projects around the City of Fort Worth ■ Perform watering for plant material at the tree farm ■ Perform inventories of plant material ■ Move/organize plant material ■ Monitor and record tree health at planting project sites Professional Services Agreement Page 15 of 21 ■ Assist with irrigation installation and repair ■ Perform structural pruning of trees(using hand tools such as pruners and saws) ■ Assist with maintenance and repair of production facilities at the tree farm ■ Install mulch at planting projects ■ Transplanting of container trees ■ Learn to perform basic plant propagation(seed starting and rooting cuttings) ■ custodial consisting of floor care ■ trash removal ■ window and hard surface cleaning ■ sanitizing and general cleaning ■ Will be assigned to work with the SDC leaders(teachers)during the SDC scheduled hours, ■ Will help carry out the programs,assist with arts&crafts,gym games, secure supplies ■ Help with room setups and any cleanup if needed. 10. Public Events Department Location(s): Will Rogers Memorial Center,Convention Center,Outdoor Events ■ Support Public Event Coordinators in providing customer service to on-site customers,filing,moderate(less than 40 pounds)lifting,photo copying, setting signage prior to events,checking event set-up against room diagrams prior to events,delivering packages to customers. ■ Sales&Marketing support will be to update the rate comparison chart;utilizing a computer and telephone calling peer cities. Professional Services Agreement Page 16 of 21 EXHIBIT B VERIFICATION OF SIGNATURE AUTHORITY GOODWILL INDUSTRIES OF FORT WORTH,INC PO BOX 15520/4005 CAMPUS DRIVE FORT WORTH,TEXAS 76119 Employer hereby agrees to provide City with independent audit basic financial statements,but also the fair presentation of the financial statements of individual funds. Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Employer and to execute any agreement,amendment or change order on behalf of Employer. Such binding authority has been granted by proper order,resolution, ordinance or other authorization of Employer. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Employer. Employer 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 Employer. 1. Name: Bobbie Hodges Position: Sr. Director of WFD Bobbie N24='- Bobbie Hodges(Dec ,202116:58 CST) Signature 2. Name: Position: Signature 3. Name: Position: Signature Name: David G. Cox President and CEO David Cox(Dec 9,202115:58 CST) Signature of President/CEO Date: Dec 9,2021 Professional Services Agreement Page 17 of 21 EXHIBIT C PARTICIPANT WAIVER Each Participant who is an adult and legally able will complete a copy of the waiver below and return a signed,notarized original copy to the City prior to beginning any work at the City. CITY OF FORT WORTH WAIVER,RELEASE,AND INDEMNITY AGREEMENT I, , for myself, my heirs and assigns, hereby affirm that I am aware that my participation in the Summer Earn and Learn Work Experience Program ("Program") solely managed by Goodwill Industries of Fort Worth, INC.,but partly taking place at a worksite location owned by the City of Fort Worth("City")primarily at<INSERT PRIMARY LOCATION>("Facility")in Fort Worth,Texas and other City-owned locations, has inherent risks which may result in serious injury or death. As a condition precedent to participating in the Program and entering onto the City's property, I confirm that I understand and accept all risks, dangers and hazards presented by my participation in the Program, and I am participating in these activities freely and voluntarily. In consideration of being permitted to participate in the Program specifically at a City Facility, I hereby assume all risk of harm and injury to myself and others, as well as to the property of others, which may result from my participation in the Program, regardless of the cause or blame. I agree to act in a reasonable and cautious manner in all aspects of my participation in the Event. Further,I,for myself,my heirs and assigns,in consideration of being able to utilize the Facility and participate in the Program, do hereby FOREVER RELEASE AND WAIVE all claims against the City of Fort Worth,its officers,agents and employees,for injuries,death or property damage which may arise from my use or presence at the Facility. This waiver and release is intended to release and forever discharge the City of Fort Worth,its officers, servants, agents and employees from any and all claims, actions, causes of action, damages, losses or expenses, including attorney's fees whether real or asserted, of every kind or character, arising out of my use of the Facility, including going to and from such Facility. I, for myself, my heirs and assigns, hereby assume the risk of all conditions of the Facility, dangerous or otherwise, all occurrences that may be encountered while using or going to or from such Facility and waive any and all specific notice of the existence of such conditions or occurrences. This waiver is intended to release the City of Fort Worth,its officers,servants,agents and employees even if said iniuries, death or other damages are caused in whole or in part by the alleged acts of commission, omission, negligence or fault of the City of Fort Worth, its officers, servants, agents or employees. I, for myself, and my heirs and assigns hereby assume all responsibility and liability for such injuries or damages, including death, and hereby covenant not to sue the entities and parties named above for such injuries or damages. I FURTHER AGREE TO INDEMNIFY AND DEFEND THE CITY AND HOLD THE CITY HARMLESS FROM ALL CLAIMS, TOGETHER WITH ALL COSTS, EXPENSES,AND LEGAL FEES IN DEFENDING ALL CLAIMS DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO MY USE OF THE FACILITY. THIS INDEMNITY PROVISION (INCLUDING, WITHOUT LIMITATION, INDEMNITY FOR COSTS, EXPENSES AND LEGAL FEES) IS SPECIFICALLY INTENDED TO OPERATE AND BE APPLICABLE EVEN IF IT IS ALLEGED OR PROVED THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED AS A WHOLE OR IN PART BY ANY ACT, OMISSION, NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT, INTENTIONAL CONDUCT, VIOLATION OF STATUTE OR COMMON LAW, Professional Services Agreement Page 18 of 21 BREACH OF WARRANTY, PRODUCT DEFECT, STRICT PRODUCT LIABILITY, OR ANY OTHER CONDUCT WHATSOEVER OF THE CITY. I REALIZE THAT BY SIGNING THIS AGREEMENT, I AM GIVING UP MY RIGHT TO SUE THE CITY FOR INJURY, DEATH OR DAMAGE I MAY SUFFER AT THE EVENT. IF ANY COURT FINDS A PORTION OF THIS AGREEMENT TO BE INVALID, THE REMAINDER OF THE AGREEMENT WILL NOT BE AFFECTED. I have read this Waiver, Release, and Indemnity Agreement and fully understand its terms, provisions and conditions. I have not been influenced to any extent whatsoever by any representations or statements not contained within this agreement. Dated this day of 120 Participant's Signature Address City, State and Zip Code Telephone State of Texas County of Tarrant This document was acknowledged before me on by Notary Public Date [REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] Professional Services Agreement Page 19 of 21 Each Participant who is either not an adult or otherwise legally unable to complete a waiver individually,will have a legal parent or guardian complete a copy of the waiver below and return a signed,notarized original copy to the City prior to beginning any work at the City. CITY OF FORT WORTH WAIVER,RELEASE,AND INDEMNITY AGREEMENT I, , on behalf of , for whom I am a the legal guardian, for myself, , my heirs and assigns, hereby affirm that I am aware that I participation in the Summer Earn and Learn Work Experience Program ("Program") solely managed by Goodwill Industries of Fort Worth, INC.,but partly taking place at a worksite location owned by the City of Fort Worth ("City") primarily at <insert primary location>("Facility") in Fort Worth, Texas and other City-owned locations, has inherent risks which may result in serious injury or death. As a condition precedent to participating in the Program and entering onto the City's property,I confirm that I understand and accept all risks,dangers and hazards presented by I participation in the Program, and I am allowing to participate in these activities freely and voluntarily. In consideration of being permitted to participate in the Program specifically at a City Facility, I hereby assume all risk of harm and injury to ,myself and others,as well as to the property of others,which may result from 's participation in the Program,regardless of the cause or blame. I agree to require that act in a reasonable and cautious manner in all aspects of 's participation in the Event. Further, I, for , myself, my heirs and assigns, in consideration of being able to utilize the Facility and participate in the Program, do hereby FOREVER RELEASE AND WAIVE all claims against the City of Fort Worth, its officers, agents and employees, for injuries, death or property damage which may arise from I use or presence at the Facility. This waiver and release is intended to release and forever discharge the City of Fort Worth,its officers,servants,agents and employees from any and all claims,actions,causes of action, damages,losses or expenses,including attorneys fees whether real or asserted,of every kind or character, arising out of 'sl use of the Facility, including going to and from such Facility. I, for myself, , my heirs and assigns, hereby assume the risk of all conditions of the Facility, dangerous or otherwise, all occurrences that may be encountered while using or going to or from such Facility and waive any and all specific notice of the existence of such conditions or occurrences. This waiver is intended to release the City of Fort Worth, its officers, servants, agents and employees even if said iniuries, death or other damages are caused in whole or in part by the alleged acts of commission, omission, negligence or fault of the City of Fort Worth, its officers, servants, agents or employees. I, for myself, , and my heirs and assigns hereby assume all responsibility and liability for such injuries or damages, including death, and hereby covenant not to sue the entities and parties named above for such injuries or damages. I FURTHER AGREE TO INDEMNIFY AND DEFEND THE CITY AND HOLD THE CITY HARMLESS FROM ALL CLAIMS, TOGETHER WITH ALL COSTS, EXPENSES,AND LEGAL FEES IN DEFENDING ALL CLAIMS DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO 's USE OF THE FACILITY. THIS INDEMNITY PROVISION (INCLUDING, WITHOUT LIMITATION, INDEMNITY FOR COSTS, EXPENSES AND LEGAL FEES) IS SPECIFICALLY INTENDED TO OPERATE AND BE APPLICABLE EVEN IF IT IS ALLEGED OR PROVED THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED AS A WHOLE OR IN PART BY ANY ACT, OMISSION, NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT, INTENTIONAL CONDUCT, VIOLATION OF STATUTE OR COMMON LAW, BREACH OF WARRANTY, PRODUCT DEFECT, STRICT PRODUCT Professional Services Agreement Page 20 of 21 LIABILITY,OR ANY OTHER CONDUCT WHATSOEVER OF THE CITY.I REALIZE THAT BY SIGNING THIS AGREEMENT,I AM GIVING UP MY RIGHT TO SUE THE CITY FOR INJURY, DEATH OR DAMAGE I MAY SUFFER AT THE EVENT. IF ANY COURT FINDS A PORTION OF THIS AGREEMENT TO BE INVALID, THE REMAINDER OF THE AGREEMENT WILL NOT BE AFFECTED. I have read this Waiver, Release, and Indemnity Agreement and fully understand its terms, provisions and conditions. I have not been influenced to any extent whatsoever by any representations or statements not contained within this agreement. Dated this day of ,20 . Legal Guardian's Signature Address City, State and Zip Code Telephone State of Texas County of Tarrant This document was acknowledged before me on by Notary Public Date [REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] Professional Services Agreement Page 21 of 21