HomeMy WebLinkAboutContract 55858-A1R1 CSC NO. 55858-AlR1
FIRST AMENDMENT AND FIRST RENEWAL OF
CITY SECRETARY CONTRACT NO. 55858,
A LICENSE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND
FORT WORTH DROWNING PREVENTION COALITION
This FIRST AMENDMENT AND FIRST RENEWAL("First Amendment and First Renewal")
is made and entered into by and between the CITY OF FORT WORTH, a home-rule municipal
corporation of the State of Texas,acting by and through its duly authorized Assistant City Manager("City"),
and FORT WORTH DROWNING PREVENTION COALITION, a Texas non-profit corporation,
acting by and through its duly authorized representative("Licensee"). City and Licensee are herein referred
to individually as a("Party") and collectively as the ("Parties").
WHEREAS, on June 4, 2021, City and Licensee entered into a License Agreement for the use of
Forest Park Swimming Pool and Marine Park Swimming Pool to provide safe swimming and drowning
prevention events, as further described in Exhibit A, the same being City Secretary Contract ("CSC")
Number 55858 ("Agreement");
WHEREAS, the Agreement provides an initial term of one-year ("Primary Term") and two (2)
one-year renewal periods (each a"Renewal Term");
WHEREAS, the Parties wish to amend the Agreement to provide an updated program schedule
for calendar year 2022 and include additional language as it relates to background checks for volunteers;
WHEREAS, it is the collective desire of the Parties to extend the Agreement through the First
Renewal Term;and
NOW, THEREFORE, in consideration of the covenants and agreements contained herein, City
and Licensee hereby agree to amend and renew and extend as follows:
I.
1. City and Licensee hereby agree to amend the Agreement to provide an updated program
schedule for calendar year 2022,as further described in Exhibit B-1,attached hereto and incorporated herein
by reference.
2. The Agreement is hereby amended to add Section 29 "Background Checks and Volunteer
Registration"as follows:
SECTION 29
BACKGROUND CHECKS AND VOLUNTEER REGISTRATION
29.1 The safety and security of all Program participants are of paramount importance
to the City, especially if Licensee will operate as a volunteer to conduct safe swimming
and drowning prevention events at City locations. Therefore, prior to performing any
Program under this Agreement, Licensee, and anyone that will attend or teach any
Program on behalf of or with the Licensee,must pass a thorough background investigation
by an entity approved by the City and consistent with the requirements of the policy
attached as Exhibit E,attached hereto and incorporated herein by reference.
29.2 Licensee and anyone that will attend or teach any Program on behalf of or with the
Licensee will be subject to future random background investigations and drug testing, as
determined by the Director of the Park&Recreation Department. Refusal to submit to a
OFFICIAL RECORD
First Amendment and First Renewal of CSC 55858 CITY SECRETARY Page 1 of 12
FT. WORTH, TX
background investigation or a failure of any background investigation will be cause for
immediate termination of this Agreement. The Director of the Park & Recreation
Department will determine failure of a background investigation.
29.3 Licensee and anyone that will attend or teach any Program on behalf of or with the
Licensee will be required to agree to the City's Standards of Conduct located in the City
Code. A copy of the Standards of Conduct is attached as Exhibit F, attached hereto and
incorporated herein.
29.4 Licensee, and anyone that will attend or teach any Program on behalf of or with
the Licensee,must be 18 years of age or older, except that an assistant instructor who is
present with the Licensee during the Program may be 16 years of age.
II.
City and Licensee hereby agree to renew and extend the Agreement for the First Renewal Term,
effective beginning on June 4,2022 and expiring on June 3,2023.
M.
1. All terms in this First Amendment and First Renewal that are capitalized and but not
defined shall have the same meanings assigned to them in the Agreement.
2. All terms and conditions of the Agreement that are not expressly amended pursuant to
this First Amendment and First Renewal shall remain in full force and effect.
(Signature page follows)
First Amendment and First Renewal of CSC 55858 Page 2 of 12
IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment and First
Renewal in Tarrant County,Fort Worth,Texas.
City: Licensee:
Aelzl�
By: Valerie Washington(Jul 22,2022 15:18 CDT) By: Tara Reed(Jul 21,202212:12 CDT)
Name: Valerie Washington Name: Tara Reed
Title: Assistant City Manager Title: Executive Director
Date: Jul 22, 2022 Date: Jul 21) 2022
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommended: Contract Compliance Manager:
By signing I acknowledge that I am the person
RO Z"In& responsible for the monitoring and administration
By. Richard Zavala(Jul 21,2022 16:55 CDT) of this contract,including ensuring all
Name: Richard Zavala performance and reporting requirements.
Title: Director
Park&Recreation Department
'O O B Cory M.Stuhmer(Jul 6,202210:24 CDT)
By: Name: Cory Stuhmer
Name: Kelli Pickard Title: Athletic Coordinator
Title: Assistant Director Park&Recreation Department
Park&Recreation Department
City Secretary:
Approved as to Form and Legality:
ALL BY: J ette S.Goodall(Jul 23,2022 06: DT)
By: Nico Arias(Jun 27,2022 16:20 CDT) Name: Jannette S.Goodall
Name: Nico Arias Title: City Secretary oa�40R
Title: Assistant City Attorney a�F°�°°°°T�%Oa��
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Contract Authorization: p a o
M&C: N/A ��'�°°°°°°°°°°°
Form 1295:N/A aa�nEXASoAp
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
First Amendment and First Renewal of CSC 55858 Page 3 of 12
EXHIBIT A
PREMISES
Forest Park Pool-located at 2850 Park Place Avenue-Fort Worth-TX 76110
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Marro' a Park Pool located at 303 NW 20th Street.Fort Worth.TX 76164:
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First Amendment and First Renewal of CSC 55858 Page 4 of 12
EXHIBIT B-1
PROGRAM
PROGRAM: Safe Swimming and Drowning Prevention
SCOPE OF SERVICE:Fort Worth Drowning Prevention Coalition will conduct safe swimming and
drowning prevention events.
PROGRAM FEE: Free ($0.00)
LOCATIONS:
Forest Park Pool: 2850 Park Place Avenue,Fort Worth, TX 76110
June (2022): 21,22,23,28,29,29
Marine Park Swimming Pool: 303 NW 20tn Street,Fort Worth,TX 76164
July(2022): 26,27,28; and
August(2022): 2, 3,4
DAY LOCATION START TIME END TIME TAR END TIME
TIME
Monday
Tuesday Forest Park 6:45pm 7:25pm 7:35pm 8:15pm
Pool
Wednesday Forest Park 6:45pm 7:25pm 7:35pm 8:15pm
Pool
Thursday Forest Park 6:45pm 7:25pm 7:35pm 8:15pm
Pool
Friday
Saturday
DAY LOCATION TAR END TIME TAR END TIME
TIME TIME
Monday
Tuesday Marine Park 6:45pm 7:25pm 7:35pm 8:15pm
Pool
Wednesday Marine Park 6:45pm 7:25pm 7:35pm 8:15pm
Pool
Thursday Marine Park 6:45pm 7:25pm 7:35pm 8:15pm
Pool
Friday
Saturday
First Amendment and First Renewal of CSC 55858 Page 5 of 12
EXHIBIT E
BACKGROUND SCREENING POLICY
Volunteer Background Screening Policy City of Fort Worth
PURPOSE:
To establish a background screening procedure that not only raises public awareness of quality programs
offered but also ensures the safety of all participants, particularly the most vulnerable groups such as
children,elderly and intellectually challenged.
GUIDING PRINCIPLES:
1. The City provides opportunities for community members to share their gifts and talents
through volunteer experiences.
2. The City recognizes the importance volunteerism plays in the bigger picture of community
wellness.
3. The City places the highest priority on the safety of its customers, staff and volunteers
who choose to serve with us.
OBJECTIVES:
1. To conduct a criminal background screening program based on the National Recreation and
Park Association's Recommended Guidelines for Credentialing Volunteers.
2. To conduct criminal background screenings in a timely manner on volunteers assigned to
work with vulnerable populations.
3. To maintain confidentiality to the extent allowed by law of volunteers who willingly submit to
screening.
DEFINITIONS:
1. Volunteers shall be defined as anyone who,without compensation,performs a task at the
direction of and on behalf of the city.A volunteer or representative for an approved volunteer
group must be officially accepted and enrolled by the department prior to performance of the
task.
2. Social Security Verification is a screening used to verify the name of every volunteer against
the Social Security Number provided.This helps to eliminate the possibility of false names
and/or information.
a. Social Security verifications area critical first step in the process as they help to
ensure that the name and other personal data given by the applicant are accurate.
b. Volunteers who do not have a Social Security Number,or choose not to provide
one, should provide two forms of ID with matching identifiers.
i. Driver's license or state-issued ID,birth certificate,passport,etc.
3. Address Trace is a screening used to verify the current address and identify any previous
addresses of every volunteer. This information is utilized to determine the jurisdiction in which
the background screening is conducted.
4. State or County Criminal Records Check is a statewide or countywide (depending on the
jurisdiction)criminal record check performed to capture all misdemeanor and felony
convictions in that jurisdiction. The search shouldbe conducted in the jurisdiction with the
longest and most current residency.
5. National Criminal History Database Search is used to supplement the local criminal history
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search. There is no one national record check whetherthrough the government or private sector
that identifies every crime ever committed.However,there are now criminal history databases
available that contain millions of criminal records and cover much of the United States.This is
beneficial in expanding the search across the country but should not be used as a standalone
source background screening.
6. Sex Offender Registry conducts a search of the appropriate state sex offender registries
based on the address history.
7. Timely Results should be returned within ten(10)business days to allow for proper
planning and assignment of volunteers.
8. Volunteer Coordinator shall be defined as the person who oversees the coordination
of volunteer programs for a department or City overall.
9. Vulnerable Populations shall be defined as youth,elderly or intellectually challenged.
PROCEDURES:
I. PROGRAM INFORMATION
A. A third-party public information vendor will conduct background checks following the
National Recreation and Park Association's Recommended Guidelines for Credentialing
Volunteers. That process includes generating the following in a timely manner:
1. Social Security Verification
2. Address Trace
3. State or County Criminal Records Check
4. National Criminal History Database Search
5. Sex Offender Registry
B. Background check records will be accessible to the Volunteer Coordinator and Department
Records Manager. Staff will only be notified of volunteer acceptance or denial. Details of the
background check will be kept confidential.
C. Volunteers who elect not to authorize screening shall not be eligible to work in volunteer
positions that work directly with vulnerable populations or in roles of increased
responsibility.
D. Background screening exceptions include one-time public events where volunteers would
not be working with vulnerable populations or one-time public events where volunteers
could be working around vulnerable populations in a supervised,public and non-relational
role. Example: one-time major public events,clean-ups and adult programs.
E. A volunteer photo identification system will be implemented in accordance with the
National Recreation and Park Association's guidelines for volunteer photo identification.
II. PROGRAM PROCEDURES
A. REQUIREMENTS FOR VOLUNTEER BACKGROUND SCREENINGS
1. Valid Driver's License or Identification Card
2. Social Security Number(if applicable)
3. Completed Volunteer Application
4. Completed Background Check Registration
5. Signed Consent to Release Information or online acceptance of policies
B. REGULATIONS
1. All volunteers or volunteer representatives who are representing an approved
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volunteer group are required to complete a volunteer application,and those working
with vulnerable populations must complete a background screening before beginning
an assignment.
a. Volunteer groups working in an activity position that is subject to background
screenings per this policy(Section I.D.)will be required to have individual
applications and screenings for each volunteer.
b. Volunteers,depending on their position,may be subject to
additional screening.
2. Each criminal background screen is reviewed against this policy and a
determination is based on the adopted recommended criteria for exclusion.
a. The recommended criteria for exclusion serve as a minimum
qualification;however,depending on the activity position,volunteers
may be subject to higher criteria for exclusion as determined by that
specific position's qualifications.
3. Following review,the volunteer and requesting division and/or facility manager are
notified within ten(10)business days regarding the results of the applicant's criminal
background screening.
a. Applicants with questions regarding their background screening results shall
set up an appointment to meet with the department Volunteer Coordinator.
The contents of this policy will not be up for debate;the department Volunteer
Coordinator will provide contact information for the background screening
vendor to address questions regarding results provided to the department.
4. Volunteer background screenings shall be done annually on all positions that work
with vulnerable populations.
5. Volunteers must be properly screened for each new assignment.
6. Volunteers working with vulnerable populations must be monitored by staff.
III. DISQUALIFICATIONS
A person shall be disqualified and prohibited from serving as a credentialed volunteer if the person has
been found guilty of the following crimes.
For purposes of this policy, guilty shall mean that a person was found guilty following a trial, entered a
guilty plea, entered a no-contest plea accompanied by a court finding of guilt(regardless of adjudication
or deferment)or received court-directed programs in lieu of conviction.
A. SEX OFFENSES
1. All sex offenses regardless of the amount of time since offense.
a. To include sex offenses where the final adjudication or final pleawas of a lesser-
included sentence or non-sex-related statute (i.e.,Indecency with a Child pled to
Injury to a Child).
b. Examples include but are not limited to: Sexual Assault,Indecency with a
Child,Prostitution,Online Solicitation of a Minor,Indecent Exposure, etc.
B. FELONIES
1. All violence-related felony offenses regardless of the amount of time since offense.
a. Examples include but are not limited to: Murder,Manslaughter,
Aggravated Assault,Kidnapping,Robbery,etc.
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2. All felony offenses other than violence or sex within the past ten(10)years.
a. Examples include but are not limited to: Drug Offenses,Theft(including
Embezzlement),Fraud,Abandoning or Endangering aChild,etc.
C. MISDEMEANORS
1. All misdemeanor violent offenses within the past seven(7)years.
a. Examples include but are not limited to: Assault(including Domestic
Violence),Deadly Conduct,Terroristic Threat,etc.
2. All misdemeanor drug and alcohol offenses within the past five (5)years or multiple
offenses in the past ten(10)years.
a. Examples include but are not limited to: Driving While Intoxicated,Drug
Possession charges(including Paraphernalia),Public Intoxication,etc.
3. Any other misdemeanor within the past five (5)years that would be considered a potential
danger to children or is directly related to the functions of that volunteer.
a. Examples include but are not limited to: Contributing to the Delinquency of a
Minor,Providing Alcohol to a Minor,Theft(if person is handling monies),etc.
D. PENDING CASES
1. Individuals found to have pending court cases for any of the disqualifying offenses will
be disqualified. If the disposition of the pending case does not meet the criteria for
disqualification as listed above,the individual would then be cleared and reinstated.
First Amendment and First Renewal of CSC 55858 Page 9 of 12
EXHIBIT F
STANDARDS OF CONDUCT
§2-238 STANDARDS OF CONDUCT.
httys:Hcodelibrary.amleLyal.com/codes/ftworth/latest/ftworth tx/0-0-0-1727
(a) No officer,employee or advisory board member shall knowingly:
(1) Acceptor solicit,or knowingly allow his or her spouse or domestic partner to acceptor solicit,any
benefit from any person, group or business entity that might reasonably tend to influence the officer,
employee or advisory board member in the discharge of his or her official duties;
(2) Grant in the discharge of his or her official duties any improper benefit to any person, group or
business entity;
(3) Acceptor solicit,or knowingly allow his or her spouse or domestic partner to acceptor solicit,any
benefit, including a promise of future employment, of sufficient economic value that it might reasonably
tend to influence the officer, employee or advisory board member in the discharge of his or her official
duties,from any person,group or business entity:
a. That is licensed or has a substantial interest in any business entity that is licensed by any city
department,agency,commission or board on which the officer,employee or advisory board member serves;
or
b. That has a financial interest in any proposed ordinance or decision upon which the officer,
employee or advisory board member may or must act or make a recommendation; provided,however,that
any officer,employee or advisory board member,and any spouse or domestic partner thereof,may accept
travel and related expenses and attend ceremonial functions,provided that such acceptance and attendance
have been approved by the city council prior to the occurrence of the ceremonial function.
(4) a. Disclose any confidential information gained by reason of the position of the officer,employee
or advisory board member concerning the property, operations, policies or affairs of the city, or use such
confidential information to advance any personal interest,financial or otherwise,of such officer,employee
or advisory board member,or others.
b. This subsection(a)(4)shall not preclude disclosure of such confidential information in connection
with any investigation or proceeding regarding whether there has been a violation of the standards of
conduct set forth in this article.
(5) Use one's position or office of employment, or city facilities,personnel,equipment or supplies for
the private gain of the officer, employee or advisory board member, or for the private gain of his or her
spouse or domestic partner.
(6) Engage or knowingly allow his or her spouse or domestic partner to engage in any exchange,
purchase or sale of property,goods or services with the city,except:
a. Rendering services to the city as an officer,employee or advisory board member;
b. The paying of taxes,fines,utility service or filing fees;
c. Subject to restrictions contained in the City Charter, executing and performing any community
facilities contract or plat in compliance with laws and regulations applicable to any person; provided,
First Amendment and First Renewal of CSC 55858 Page 10 of 12
however,that if any city ordinance,rule or regulation allows any discretion by the appropriate officers or
employees in the interpretation or enforcement of such ordinance, rule or regulation any such discretion
shall be exercised in favor of the city in connection with any such community facilities contract or plat; and
d. Members of advisory boards who are not otherwise officers or employees of the city,may engage
in any exchange,purchase or sale of property, goods or services with the city, or enter into a contract with
the city, provided, however, that the board of which they are a member has no advisory function or
cognizance,direct or indirect,present or prospective,with respect to the transaction in which such advisory
board member engages or proposes to engage.
(b) No salaried officer or employee shall knowingly represent,directly or indirectly, any person,group
or business entity:
(1) Before the city council or any department agency,board or commission of the city;
(2) In any action or proceeding against the interests of the city or in any litigation in which the city or
any department,agency,board or commission thereof is a party; or
(3) In any action or proceeding in the municipal courts of the city which was instituted by an officer
or employee in the course of official duties,or a criminal proceeding in which any officer or employee is
a material witness for the prosecution.
(c) No member of a city board or commission,other than a task force, shall knowingly represent,
directly or indirectly, any person,group or business entity:
(1) Before the board or commission of which he or she is a member;
(2) Before aboard or commission which has appellate jurisdiction over the board or commission of
which he or she is a member;
(3) Before the city council in a matter over which the board or commission of which he or she is a
member has authority or an advisory function, direct or indirect, present or prospective, provided that a
member of an advisory board who has been elected or appointed to serve as chair or acting chair may
present a recommendation to the city council on a matter over which the advisory board has authority if a
majority of the members of the advisory board have voted in favor of such recommendation;
(4) In any action or proceeding against the interests of the city or in any litigation in which the city or
any department,agency,board or commission thereof is a party;or
(5) In any action or proceeding in the municipal courts of the city which was instituted by an officer
or employee in the course of official duties,or a criminal proceeding in which any officer or employee is
a material witness for the prosecution.
(d) No member of a task force shall knowingly represent,directly or indirectly, any person, group or
business entity:
(1) Before aboard or commission which has appellate jurisdiction over the task force of which he or
she is a member; or
(2) Before the city council in a matter over which the task force of which he or she is a member has
an advisory function,provided that a member of task force who has been elected or appointed to serve as
chair or acting chair may present a recommendation to the city council on a matter over which the task
force has authority if a majority of the members of the task force have voted in favor of such
recommendation.
(e) The restrictions in this section do not prohibit the following:
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(1) An employee or member of a city board or commission (other than city council), or his or her
spouse or domestic partner, appearing before the city council or a city department, agency, board or
commission to represent himself or herself in a matter affecting his or her property:provided,however,that
no such person, or his or her spouse, shall appear before the board or commission of which he or she is a
member;
(2) An employee or officer of an employee organization appearing before the city council or a city
department,agency,board or commission to address employment matters;
(3) Otherwise eligible employees or their spouses or domestic partners from participating in federal or
state-funded programs administered through the City of Fort Worth where the benefits of such programs
are available to members of the general public and where the employee has no administrative, evaluative
or decision-making authority concerning the program in which he or she wishes to participate;
(4) A partner,associate or relative of a member of the city council,or of a salaried officer or employee,
from representing a person, group or business entity in an action or proceeding in the municipal courts of
the city which was instituted by an officer or employee in the course of official duties, or in a criminal
proceeding in which an officer or employee is a material witness for the prosecution; or
(5) A member of a task force from participating in or voting on any matter before the task force to
which the member has been appointed,notwithstanding any other provision of this section.
(Ord. 20548-12-2012, § 1,passed 12-18-2012,eff. 12-22-2012)
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