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PARKS AND COMMUNITY SERVICES DEPARTMENT
PERSONAL SERVICES AGREEMENT
OUTDOOR FEE BASED PROGRAM — BOOT CAMP
THIS PERSONAL SERVICES AGRE�MENT ("Agreement") is made and entered
into this 1 l��' day of April 2011, by and between the City of Fort Worth, a home rule municipai
corporation of the State of Texas ("City"), acting by and through the Director of the Parlcs and
Community Services Department ("Director") and Camp Gladiator, a Texas for profit entity
(hereinafter referred to as the "Provider").
S�CTION 1
DESCRIPTION OF SERVICES
1.01 The City hereby engages the Provider, and the Provider hereby agrees, to provide,
furnish, or perform specified services at a designated space in a City Parlc (the "Parlc"); details of
designated space and Parlc are contained in Exhibit A to this Agreement, which is attached hereto
and incorporated herein for all purposes as though it were set forth at length.
SECTION 2
DUTIES AND RESPONSIBILITIES
2.01 The Provider shall commence, carry on, and provide such services in accordance with
this Agreement and all applicable laws. In providing such services, the Provider shall take such
steps as are appropriate to ensure that all activities are properly coordinated with any other
activities scheduled by the City.
2.02 No classes or activities shall commence until approval has been granted by the Director
through the Parlc Reservationist. Lists of dates and times for all scheduled classes and activities
as described in Exhibit B shall be submitted to the Reservationist in conjunetion «�ith the
execution of this Agreement.
2.03 The Provider shall:
A. Prior to beginning any classes or activities, submit to the Director through the District
Superintendent, a resume and any certiiications relevant to the services/classes
proposed by this Agreement.
B. Provide a detailed program outline for each activity and ciass in conjunction with the
execution of this Agreement.
C. Submit class roster forms at the end of every class session to the Director, through the
Senior Contract Compliance Specialist. Class roster should be received no later than
the next Monday by 4:00 pm, The class roster may be mailed, faxed, e-mailed or
hand delivered.
D. Submit to the Senior Contract Compiiance Specialist a list of equipment (if used as
part of the program) including photographs and/or descriptive literature that illustrate
the exact equipment to be used to provide the program (Attaclunent I).
E. Submit to the Senior Contract Compliance Specialist a description of
products/equipment (if soid on Paric property) to be sold and the respective selling
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R�CEIVE� �,PR � 6 2c�i�
, P�rsona! Sef��ice Agreement Ozttdoo�•-Fee-Based Boot Camp Prog��an�
price for each item (Attachment II). All products/equipment sold on Parlc property is
subject to revenue sharing with the City. The City shall receive iive percent (5%) of
the gross sales. The term "gross sales" as used in this agreement means the actual
total sales for cash, checic, or on credit terms, from all sales of products/equipment.
F. Meet with the Senior Contract Compliance Specialist to discuss policies and
procedures of the activities and classes, including, but not limited to, the number of
classes/activities per weelc, the length of the classes/activities, and the number of
students. Organize their activities/classes to include set-up and cleanup within the
time allowed for the designated class/activity space. Providers shall end
activities/classes to ensure cleanup and removal of supplies and participants
BEFORE the start time of the next activity/class, Provider shall not remain in the
designated space beyond the end time of their program. The next scheduled
activitylclass will be allowed in the designated space at theii� posted start time
whether or not the previous Provider has left the designated space.
G. Instruct all activities/classes.
H. Enforce all rules and regulations of the City relating to the health and safety of
participants and the use of public property.
I. Signage for the activity cannot be placed on the pari< prior to parlc curfew hours and
not more than two hours prior to the event being held if it starts after 8 a.m.
J. Signage must be removed within one hour of the completion of the event. Signs
cannot be left on the park over night. No permanent maricings are permitted on roads,
trails or trees.
K. Maintain orderly conduct of all participants enrolled in Provider's program.
L. Maintain the parts of the Parlc used by the Provider so that they are clean and fi�ee of
clutter, trash, or other debris at the end of each class/activity. Provider shall ensure
that all equipment, supplies, and other items are removed prior to leaving the Park.
M. Report any maintenance or repair needs to the District Superintendent as soon as
practicable.
N. Set-up and talce-down of class equipment.
2.04 The City will:
A. Meet with the Provider to discuss policies and procedures of their classes/activities
including, but not limited to, the number of classes/activities per weelc, the length of
the classes/activities, and the number of students per class/activity,
B. Provide appropriate space for each activity/class. If the designated space is not
available for any reason, the District Superintendent may designate a suitable
alternative space within the Park or an alternate location.
C. Issue a Permit to the Provider authorizing the use of City Parics for outdoor
classes/programs.
D. Program participants are to be assigned parking space in accordance with the number
of hard surface or flexbase spaces available and taking into consideration other
known users of the parlcing facilities, Assignment of parlcing spaces will be made in
cooperation with the Parlc Reservations Office in conjunction with the application
approval process. When the number of program participanYs cars exceeds the
number of available parlcing spaces, the District Superintendent may authorize
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Pe��•sonal Sernice Agreement Oa�tdoor-Fee-Based Boot Camp Progi•a�n
overflow parlcing in designated areas that will not negatively impact the adjacent
communities or the environment.
2.05 In the event that any City-owned or City-controlled property, including, but not limited to
sti•uctures, equipment, vegetation, etc., is damaged or destroyed due to intentional acts,
negligence, or acts of omissions of the Provider, the Provider's employees, agents, officers, or
anyone visiting the Parlc upon the invitation of the Provider, the Provider shall be responsible for
all repaiis or replacements. In the event damage is done, the Provider shall replace or repair the
damage at no cost to the City. The City shall determine whether any damage has been done, the
amount of the damage, the reasonable costs of repairing the damage, and whether the Provider is
responsible. The City shall be the sole judge of the damage to City property. Any damage
attributable to the Provider shall be repaired or replaced by the Provider to the reasonable
satisfaction of the City within thirty days of receipt of written notification fi•om the City. If the
Provider fails or refuses to malce such repair or replacement, the City in its sole discretion may
terminate the agreement.
SECTION 3
TERM OF AGREEMENT
3.01 This agreement is for a term of one (1) year beginning the 11`�' day of April, 2011 and
ending on the 31 S` day of March 2012. The initial one (1) year term may be renewed by mutual
agt•eement between the Provider and the City for two (2) successive one (1) year terms under the
same conditions and terms of this agreement
SECTION 4
PAYMENTS AND FEES
4.01 The Provider will, on a per-program basis, pay to the City 15% of gross revenues and a
$3.00 per person administration fee on a per-program basis. The term "gross revenues" as used
in this agreement means the actual total revenue fi•om cash, checic, or on credit terms, for all
pt•ogram participants.
4.02 Payment is due and payable on or before the 10`�' day of each month per-program start
date.
4.03 Provider shall present to the Parlc Reservationist a$200.00 deposit to cover any damage,
or replacement cost to City property.
SECTION 5
PROVIDER REQUIREMENTS
5.01 Provider and Assistant/Substitute Providers shall be required to fill out an application,
shall be subject to a bacicground investigation, and shall be required to execute "Consent to
Release Information" (Attachment IIIA) and "Criminal Records Checl< and Screening"
(Attachment IIIB) forms prior to teaching or assisting with a class.
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Ptrsona! Service Agreeme»t Outdoor-Fee-l3ased Boot Carnp P�•ogram
5,02 Provider and AssistantlSubstitute Providers shall be subject to random bacicground
investigation and/or drug testing as determined by the City.
5.03 Compensation of Assistant/ Substitute Providers is the sole responsibility of the Provider.
5.04 Provider shall require any and all Assistant/Substitute Providers to be bound in writing by
the same terms and conditions as this Agreement. A copy of this Agreement shall be provided to
the Senior Contract Compliance Specialist.
5.05 Provider shall have and maintain a written safety program which includes rules and
procedures concerning all activities. Documents shall be provided upon request by the City.
5.06 Provider shall lceep a log of program participants for inspection by the Director through
the Field Operations Supeivisor on site. The log shall contain the name of the program
participants and the amount of fees collected by the Provider. Copies of the log shall be
provided upon request by the City.
5.07 Provider, Assistants, and/or Sccbstitute Provi�leFs must be at least 18 years of �cge.
SECTION 6
INDEMNIFICATION
6.01 PROVIDER COVENANTS AND AGREES TO DEFEND, INDEMNIFY, AND HOLD
THE CITY, ITS OFFICERS, AGENTS SERVANTS AND EMPLOYEES, HARMLESS
AGAINST ANYAND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF
ANY ICIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE
OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO ON'NER'S BUSINESS AND
ANYRESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH,
THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY (i) PROVIDER'S
BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii)
ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCOND UCT OF
PROVIDER, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS
(OTHER THAN THE CITY) OR SUBCONTRACTORS, RELATED TO WORK, SERVICES,
OR THE PERFORMANCE OF THIS AGREEMENT; EXCEPT THAT THE INDEMNITY
PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TD ANY LIABILITY
RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS,
AGENTS, EMPLOYEES OR SEPARATE CONTRACTORS. AND IN THE EVENT OF
JOWT AND CONCURRENT NEGLIGENCE OF BOTH PROVIDER AND CITY,
RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN
ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN
SHALL BE CONSTRUED AS A W�4IVER OF THE CITY'S GOVERNMENTAL
IMMUNITYAS FURTHER PROVIDED BY THE LAWS OF TEXAS.
6.02 Provider covenants and agrees that City shall in no way or under any circumstances be
responsible for any property belonging to Provider, its members, employees, agents, Substitute
or Assistant Providers, subcontractors, invitees, licensees, or trespassers, which may be stolen,
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Pe��sonal Sernice Agreement Outdoo��-Fee-Based Boot Ca�np P��ogram
destroyed, or in any way damaged, and Provider hereby indemnifies and holds harmless City
from and against any and all such claims. The City does not guarantee police protection and
will not be liable for any loss or damage sustained by Provider, its members, employees, agents,
Substitute or Assistant Providers, subcontractors, invitees, licensees, or trespassers on any of the
premises.
6.03 It is further agreed that nothing in this Agreement shall constitute or be considered a
waiver by the City of Fort Worth of any defense of governmental immunity, where applicable, or
any other defense recognized by the Statutes and Court decisions of this State.
SECTION 7
INSURANCE
7.01 The Provider shall not commence worlc under this Agreement until it has obtained all the
insurance required under the contract and the City has approved such insurance. Provider shall
be responsible for delivering to the City the Provider's certificate of insurance for approval.
Provider shall indicate on the certificate of insurance whether or not its insurance covers
contractors or subcontractors. The insurance coverage required herein shall include the coverage
of all subconh�actors, or such subcontractors shall provide to Provider documentation of
insurance reasonably equivalent to that required of the Provider, according to the liability
exposures related to the subcontractors services and/or materials.
a. Commercial General Liabilitv Insurance: The Provider shall procure and maintain during
the initial one-year term of this Agreement and any extension period, a commercial
general liability insurance policy in the amount not less than $1,000,000.00 covering each
occurrence.
b. Worlcer's Compensation Insurance: If the Provider will utilize employees to perform
worlc within the term and scope of this Agreement, then it shali maintain, during the term
of this Agreement, and any extension period, statutory Worlceis Compensation Insurance
on all of its employees engaged in worlc under this Agreement, and for all subcontractors
unless such subcontractors maintain their own Worlcers' Compensation Insurance.
c. Automobile Insurance: The Provider shall procure and maintain, during the initial one-
year term of this Agreement and any extensive period, a comprehensive bodily injury and
property damage automobile liability policy in the amount not less than $500,000.00 for
each accident. This policy shall cover any automobile used within the scope of this
Agreement.
7.02 The insurance specified in 7,01. hereof shall comply with the foliowing requirements:
a. The City of Fort Worth, its Officers, Employees, and Volunteers shall be named
as Additional Insureds. Exception: The additional insured requirement does not
apply to Worlcers' Compensation policies,
b. Thirty (30) day notice of cancellation or non-renewal.
c. Wavier of rights of recovery (subrogation) in favor of the City of Fort Worth.
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Persor�al Se�vice Agreement Outdoor-Fee-Based Boot Can�p Pr�ogi�a�r�
d. The insurers for all policies must be licensed/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 the City of Fort Worth Risic Management. If the rating is below
that required, written approval of the City of Fort Worth Rislc Management is
required.
e. If insurance policies are not written for specified coverage limits, an Umbrella or
Excess Liability insurance for any differences is required. Excess Liability shall
follow the form of the primary coverage.
£ Unless otherwise stated, ail required insurance shall be written on an "occurrence
basis". If coverage is underwritten on a claims-made basis, the retroactive date shall
be coincident with or prior to the date of this Agreement and the certificate of
insurance shall state that the coverage is claims-made and the retroactive date. The
insurance coverage shall be maintained for the duration of this Agreement. An
annual certificate of insurance submitted to the City shall provide evidence of such
insurance coverage.
g. The deductible or self-insured retention (SIR) affecting required insurance coverage
shall be acceptable to and approved in writing by the Rislc Manager of the City of
Fort Worth in regards to asset value and stocicholders' equity. In lieu of traditional
insurance, alternative coverage maintained through insurance pools or risk retention
groups, must also approved by the Risk Manager of the City of Fort Worth.
h. The City, at its sole discretion, reserves the right to review the insurance requirements
and to malce reasonable adjustments to insurance coverages and their limits when
deemed necessary and prudent by the City based upon changes in statutory law, court
decision or the claims histoiy of the industry as well as of the contracting party to the
City of Fort Worth. The City shall be required to provide prior written notice of 90
days.
i. The City shall be entitled, upon request and without expense, to receive copies of
policies and endorsements thereto and may malce any i•easonable requests for deletion
or revision or modifications of particular policy terms, conditions, limitations, or
exclusions except where policy provisions are established by law or regulations
binding upon either party or the underwriter on any such policies.
SECTION 8
INDEPENDENT CONTRACTOR
8.01 Provider shall operate hereunder as an independent contractor and not as an officer,
agent, servant, or employee of the City. Provider shall have the exclusive control of, and the
exclusive right to control the worlc designated to the Provider to be performed hereunder, and all
persons performing the same, and shall be solely responsible for the acts and omissions of its
officei•s, members, agents, servants, Assistants or Substitutes Providers, and employees. Neither
City nor Provider shall be responsible under the Doctrine of Respondeat Superior for the acts and
omissions of the officers, members, agents, servants, employees, or officeis of the other. It is
understood and agreed that the City is not involved as a party to any activities that may be
carried on by Provider pursuant to this Agreement. Provider acicnowledges itself solely
responsible for such activities and for all persons and property involved or used in connection
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Per•so»a! Ser•nice Ag�•eement Ot�tdoor�-Fee-Based Boot Ca�y7p Progr•a�ra
with Provider's use of the Parlc. Provided, however, that no provision of this Agreement shall
opei�ate or be construed as a waiver by City of any immunity from liability which it has or could
be assei�ed under the doctrine of governmental immunity or any other immunity which it has
under law.
SECTION 9
LICENSES AND PERMITS
9.01 Provider shall comply with all federal, state and local laws, rules, and regulations as well
as with all regulations, restrictions, and requirement's of the Police, Fire, Health Departments,
and Code Compliance now or hereafter in effect which are applicable to Provider's operations.
Provider shall obtain and Iceep in effect at its own cost and expense all licenses, permits, and
taxes incurred or required in connection with this Agreement and Provider's operations
hereunder.
9.02 Provider agrees to assume full responsibility for complying with the Federal Copyright
Law of 1978 (17 U.S.C. 101, et seg.) and any regulations issued thereunder including, but not
limited to, the assumption of any and all responsibilities for paying to the copyright owner, or
representative or said copyright owner royalties which are due for the use of copyrighted worlcs
in Provider's performances or exhibitions. City expressly assumes no obligations, implied or
otherwise, regarding payment or collection of any such fees or financial obligations. City
specifically does not authorize, permit, or condone the performance, reproduction, or other use of
copyrighted materials by Provider or its agents or licensees without the appropriate licenses or
permission being secured by Provider in advance. It is further agreed that Provider shall, to
the extent permitted by the Constitution and laws of the state of Texas, defend, indemnify
and hold City harmless for any claims arising from nonpayment to licensing agencies,
including, but not limited to, ASCAP, BMI, and SESAC or damages arising out of
Provider's infringement or violation of the Copyright Law and/or regulations. City
expressly assumes no obligation to review or obtain appropriate licensing, and all such
licensing shall be the exclusive obiigation of the Provider. Provider understands that it is
responsible for securing any and all licenses by artists/performers giving permission for the
recordings. Provider is responsible for both reporting and payment of any music licensing fees
that may be required by law.
Provider understands and agrees that without the proper license obtained by Provider, there is a
risl< of an injunction or money damages arising fi�om a copyright lawsuit brought by ASCAP,
BMI, SESAC or any other licensing agency.
SECTION 10
DISCRIMINATION
10.01 Provider agrees that, during the use of the Park, Provider will not subject anyone to
discrimination in any way because of the person's race, color, sexual orientation, national origin,
age, religion, gender, or disability. No one can be excluded from the Pari<, denied the benefits of
the Paric, or excluded fi•om participating in the services because of person's race, color, sexual
orientation, national origin, age, religion, gender, or disability.
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Pe�sonal Seri�ice Ag��eement Outdoor-Fee-l3ased Boot Camp P�•ogram
SECTION 11
TERMINATION AND DEFAULT
11,01 Either party may terminate this Agreement without cause by the giving of 24-hour notice
orally and a follow-up in writing within 5 days to the other party.
11.02 In the event Provider fails to comply with any of the terms and conditions of this
Agreement, City shall have the right, and without notice, to declare this Agreement immediately
terminated. In the event of such cancellation of this Agreement by the City, all rights and
privileges of the Provider hereunder shall cease and �terminate, and Provider shall immediately
vacate the Parl< and future use of the location forfeited.
11.03 Upon termination, the parties shall be released from all obligations contained in this
Agreement except for the Indemnification Requirements found throughout this Agreement.
11.04 Termination notice shall be considered rendered when placed in the United States Postal
Service properly addressed with sufficient postage for delivery to the other party.
SECTION 12
NOTICES
12.01 Any notice required shall be sufficient if deposited in the U.S. Mail, postage prepaid and
addressed to the other party as follows:
CITY
City of Fort Worth
Parks and Community Services Director
4200 S. Freeway,
Forth Worth, Texas 76115
PROVIDER
Camp Gladiator
Stacy Bulcy
3119 Castellano Way
Cedar Parlc, TX 78613
With copv to:
Assistant City Attorney
1000 Throcicmorton Street
Fort Worth, Texas 76102
SECTION 13
VENUE AND JURISDICTION
13.01 This Agreement shall be governed by the laws of the State of Texas. Venue for any
action brought to interpret or enforce, or arising out of or incident to, the terms of this Agreement
shall be in Tarrant County, Texas or the United States District Court for the Northern District of
Texas, Fort Worth Division.
Page 8 of 10
�ersonal Service Agreemei�t Otrtcloor-Fee-Based Boot Canap Program
SECTION 14
SUBLETTING, ASSIGNING, MORTGAGING
14.01 Provider agrees that it will not subcontract or assign all or any pai�t of its rights, privileges
or duties hereunder without the prior written consent of the Director. Any attempted subcontract
or assignment of same without such prior consent of the Director shall be void.
14.02 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 15
WAIVER, SECTION HEADINGS, AND SEVERABILITY
15.01 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 herein
contained, provided however, that the invalidity of any such covenant, condition, or provision
does not materiaily prejudice either Provider or City in connection with the rights and obiigations
contained in the valid covenants, conditions, or provisions of this Agreement.
15.02 The waiver by the City of any default or breach of a term, covenant, or condition of this
Agreement shall not be deemed to be a waiver of any other breach of that term, covenant, or
condition or any other term, covenant, or condition of this Agreement, regardless of when the
breach occurred.
15.03 The headings in this Agreement are inserted for reference only and shall not define or
limit the pi�ovisions hereof.
SECTION 16
ENTIRE UNDERSTANDING; AMENDM�NT
16.01 This written instrument including all Attachments, and Exhibits attached hereto
constitutes the entire understanding by the parties concerning the services to be provided and the
obligations of the parties with respect thereto. Any prior or contemporaneous oral or written
agreement that purports to vary from the terms hereof shall be void. This Agreement cannot be
modified or amended without the written consent of all the parties hereto and attached and made
a part of this Agreement.
[SIGNATURES APPEAR ON NEXT PAGE]
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Fei�so��al Service Agreen�ent Otddoo��-Fee-Based Boot Camp Progran�
IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples,
this 28t�' day of March, 2011.
CITY OF FORT WORTH
Zavala, Director
Pa�lcs and Community Services Department
CAMP GLADIATOR
;
��
Stacy Bulcy, rimary Tr ' r
Page 10 of 10
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Exhibit A
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Camp Gladiator
Exhibit A
Forest P�r•k
Camp Gladiator
Exhibit B
Program Dates and Times
Location: Trinity Park — South of Trinity #1
Start Sto Start Sto Start Sto
Mon 6:15 m 7:15 m
Tue 5:30am 6:30am
Wed 6:15 m 7:15 m
Thu 5:30am 6:30am
Fri
Sat 9:OOam 10:OOam
Sun
Location: Forest Park — BC #1 (East of Soccer Field)
Start Sto Start Sto Start Sto
Mon 9:30am 10:30am
Tue 6:15m 7:15m
Wed 9:30am 10:30am
Thu 6:15 m 7:15 m
Fri
Sat
Sun
Outdoor Fee-Based Program — Camp Gladiator
Attachment I
PARKS AND COMMUNITY SERVICES
OUTDOOR FEE-BASED PROGRAM (BOOT CAMP)
Equipment Used in Program:
1 Yo a Mat
2 Fiee Wei hts Max 151bs
3
4
5
6
7
8
9
10
11
12
Outdoor Fee Based Program —Camp Gladiator
Attachment II
Pioducts/Equipment to be Sold:
Descri tion Price
N/A
All products/eyuipment sold on park propert�� is subject to revenue sllaring behveen the Provider and the City. The City shall receive
10% of tl�c gcoss sales of all praducCs/equipment sold on parlc property.
Fee Based Out Door Program — Camp Gladiator