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HomeMy WebLinkAboutContract 61072CSC No. 61072 WORKSITE TRAINING AGREEMENT FOR AMAZING OUTCOMES This WORKSITE TRAINING AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipality, and AMAZING OUTCOMES ("Employer"), a Sole Proprietor, each individually referred to as a "Party" and collectively referred to as the "Parties." WHEREAS, Employer conducts the Vocational Rehabilitation Services Paid Work Experience Program ("Program"), a program initiated by Texas Workforce Commission, in order to provide students with disabilities ("Participants") the opportunity to participate in paid work experience in conjunction with employability skills training; and WHEREAS, City believes that certain opportunities exist within the City to provide a worksite for Participants to participate in the Program; and WHEREAS, it is understood by both parties that Employer will be responsible for all wages to be paid to Participants under Program, Employer is responsible for providing Worker's Compensation and insurance coverage to Participants under the Program, and that City is not required to retain or hire Participants upon completion of 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 Services; 3. Exhibit B — Participant Waiver; and 4. Exhibit C — Texas Workforce Commission Experience Worksite Agreement Vocational Rehabilitation Services Paid Work 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 and/or C and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement will control. 1. SCOPE OF SERVICES. City will allow up to 24 participants to engage in specific assignments under the Vocational Rehabilitation Services Paid Work Experience Program ("Program") at specified City of Fort Worth facilities, in accordance with this Agreement. Exhibit "A," - Scope of Services more specifically describes the services to be provided hereunder. 2. TERM. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Worksite Training Agreement Page 1 of 18 This Agreement will begin on March 1, 2024 ("Effective Date") and will expire on February 28, 2025 ("Expiration Date"), unless terminated earlier in accordance with this Agreement. City will have the option, in its sole discretion, to renew this Agreement under the same terms and conditions, for up to four (4) one-year renewal options. 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 for, 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. This includes providing Worker's Compensation and insurance coverage. 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 Participants 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 information has been accessed by unauthorized means and will fully cooperate with City to protect such City Information from further unauthorized disclosure. Worksite Training Agreement Page 2 of 18 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. 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. NO JOINT EMPLOYMENT The Participants selected by Employer will be and shall remain employees or contractors of Employer, reporting solely to Employer, and Employer will provide for and pay the compensation and other benefits of such personnel, including salary, health, accident and worker's compensation benefits and all taxes and contributions that an employer is required to pay with respect to the employment of employees. Employer's personnel performing services shall have a duty of loyalty to Employer. Employer shall determine the terms of employment for its respective personnel in accordance with its standard practices, including hiring and firing. All Employer's personnel assigned to perform services under this agreement shall be required to sign an acknowledgement in form reasonably acceptable to Employer and City that provides that although such personnel may work with employees of City, (i) they are employees of Employer only and (ii) they are expected to follow the policies, procedures and direction of Employer. Such direction may include that Participants are required by Employer to comply with the policies of the City while working at City facilities; however, that direction will not change the status of such Participants, as set out specifically in this paragraph. 9. LIABILITY AND INDEMNIFICATION. 9.1 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, Worksite Training Agreement Page 3 of 18 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. 9.2 GENERAL INDEMNIFICATION - EMPLOYER HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTSAND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OFANYKIND 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 PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. THIS SPECIFICALL Y INCL UDES ANY LIABILITY. CLAIMS. LA WSUITS. DAMAGES. OR OTHER COSTS OFANYKIND OR CHARACTER THAT ARE CAUSED BY ANY ACTION OR OMISSION BY CITY. CITY'S OFFICERS. EMPLOYEES. OR SUBCONTRACTORS IN CONNECTION WITH THIS AGREEMENT.. 9.3 This section will survive the expiration or termination of this Agreement. 10. ASSIGNMENT AND SUBCONTRACTING. 10.1 Assianment. Employer will not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee 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. 10.2 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. 11. 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: 11.1 Coverase 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 Worksite Training Agreement Page 4 of 18 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 $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. 11.2 General Reauirements (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 City of Fort Worth, Attn: Christine Hernandez, Human Resources Manager, 200 Texas Street, Fort Worth, Texas 76102, with copies to the Fort Worth City Attorney at the same address. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. (e) Any failure on the part of City to request required insurance documentation will not constitute a waiver of the insurance requirement. Worksite Training Agreement Page 5 of 18 (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. 12. 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. 13. 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, SUB EMPLOYERS OR SUCCESSORS IN INTEREST, EMPLOYER AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 14. 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 parry by United States Mail, registered, return receipt requested, addressed as follows: IM1 411 A City of Fort Worth Attn: Jesica McEachern 200 Texas Street Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 With copy to Fort Worth City Attorney's Office at same address 15. GOVERNMENTAL POWERS. To EMPLOYER: Amazing Outcomes Attn: Tempe Mays Owner/Employment Specialist Amazing Outcomes 5313 Duck Creek Road Sanger, TX 76266 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. Worksite Training Agreement Page 6 of 18 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 majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public enemy; fires; strikes; lockouts; natural disasters; wars; riots; 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 Parry 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 Maj eure 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 14 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 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. Worksite Training Agreement Page 7 of 18 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 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 Worksite Training Agreement Page 8 of 18 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 2276 of the Texas Government Code, 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. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Employer certifies that Employer's signature provides written verification to 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, 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 during the term of the contract against a firearm entity or firearm trade association. 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 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, Worksite Training Agreement Page 9 of 18 "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) Worksite Training Agreement Page 10 of 18 ACCEPTED AND AGREED: CITY OF FORT WO TH: By: op�� Name: Jesica McEachern Title: Assistant City Manager Date: Mar 8, 2024 APPROVAL RECO NDED: By: Name: Dianna Giordano Title: Director, Human Resources ATTEST: V A By: Name: Jannette Goodall Title: City Secretary EMPLOYER: nnL p ; l FOR. Qp �o oa °'00 *' ddan oEXA5o4'tl By: Name: Tempe Mays Title: Owner/Employment Specialist Date: Mar 4, 2024 CONTRACT CO LIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: Victor Escobedo(Mar 6, 202409:59 CST) Name: Victor Escobedo Title: Human Resources Manager APPROVED AS TO FORM AND LEGALITY: By: uJ Name: Jessika Williams Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: N/A 1295: N/A OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Worksite Training Agreement Page 11 of 18 EXHIBIT A SCOPE OF SERVICES A. Worksite availability: 1. Participant placement will be based upon identified needs. 2. All work will take place at City of Fort Worth Facilities or properties. 3. Only Participants ages 15-22 are eligible for placement at City worksites. 4. Participants will not work more than twenty (20) hours per week and twelve (12) weeks per worksite assignment. B. City requirements prior to participant's arrival: 1. Unless Participant has 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 must provide a signed and notarized waiver included as Exhibit B. 3. In the event that a background check or drug screening is required of Participant, Employer will be responsible for providing these services and will solely be responsible for any related fees and will be responsible for providing to a Participant any notices or copies of documents required by law. C. City's Requirements: 1. Provide meaningful, well supervised, safe employment for Participants 2. Assure sufficient work to occupy the Participant 3. Provide appropriate and sufficient instruction and equipment/materials/tools, as appropriate, for Participants to conduct their job duties 4. Assure that any Participant receives safety training provided to employees performing same job duties 5. Assure that all Participants are supervised at all times by a qualified supervisor. No Participant may be placed in an employment activity where a member of that person's immediate family is directly supervised by or directly supervises that individual 6. Assure compliance with state and federal Employee Right -to -Know and Child Labor laws, Americans with Disabilities Act, Fair Labor Standards Act and Equal Employment Opportunity laws and regulations, to the extent such laws are applicable 7. Assure employment of the Participant will be supplemental and will in no way affect status of regular employees or seasonal employees normally hired 8. Cooperate with TWC-VR staff in monitoring the progress of Participants 9. Adhere to the regulations and conditions as outlined in this Agreement and in the Board VR Requirements Manual 10. Assure that all work is conducted in a sanitary and drug -free environment, under safe working conditions in compliance with OSHA standards 11. Maintain an accurate record of time and attendance for each Participant, which record shall be signed and submitted according to Amazing Outcomes payroll process and schedule. For the avoidance of doubt, Participants are NOT employees of the worksite, and the worksite shall not be liable for any amounts owed to the Participant 12. Inform Participants of employment rules including grievance procedures and non- discrimination policy 13. Notify Amazing Outcomes of any Participant terminations Worksite Training Agreement Page 12 of 18 14. Notify Amazing Outcomes within one business day of any workplace injury of a Participant and submit appropriate forms D. Employer's Requirements: 1. 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. Assign a single point of contact that will assist the City with the identification and resolution of training issues and any questions/concerns. 3. 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. 4. 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. 5. Maintain a current Worker's Compensation Policy and other required insurance and coverage for all participants (copy of report provided in Supervisor Handbook) 6. Prior to placement, Employer will require each participant 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. For participants younger than 18, their parent and/or legal guardian will be required to sign the Waiver on their behalf. 7. Provide a Job Coach for all Participants- the Job Coach will be onsite with the Participants at all times E. Termination of Participant from Worksite: Participants may be terminated from the worksite by the Employer at any time and for any reason whatsoever without any penalty to the City. City will notify Employer of any participant whose participation under this agreement the City wants Employer to end, as soon as practicable once that 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. The decision to terminate the employment of a Participant is solely the decision of Employer. Employer will notify City of removal or termination of employment as soon as practicable once the decision has been made by Employer. Worksite Training Agreement Page 13 of 18 EXHIBIT B PARTICIPANT WAIVER Each Participant who is an adult and legally able will sign the waiver below and return a signed, notarized original to the City prior to beginning any work at the City. CITY OF FORT W TH WAIVER, RELEASE, AND INDEMNITY AGREEMENT I, , am at least 18 years of age and, for myself, my heirs and assigns, hereby affirm that I am aware that my participation in the Vocational Rehabilitation Services Paid Work Experience Program ("Program") solely managed by Amazing Outcomes, 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 Program. 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 Citv of Fort Worth, its officers. servants. agents and emplovees from anv and all claims. actions, causes of action, damages, losses or expenses, including attornev'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 Facilitv. 1, 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 Citv of Fort Worth. its officers, servants, agents and emplovees 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 Citv of Fort Worth, its officers, servants, agents or emplovees. 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, W THOUT 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 W E 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 LIABILITY, OR ANY OTHER CONDUCT W TSOEVER OF THE CITY. I REALIZE THAT BY SIGNING THIS Worksite Training Agreement Page 14 of 18 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, agreements, promises, or statements not contained within this agreement. Dated this day of 20 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] Worksite Training Agreement Page 15 of 18 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 is participation in the Vocational Rehabilitation Services Paid Work Experience Program ("Program") solely managed by Amazing Outcomes, but partly taking place at a worksite location owned by the City of Fort Worth ("City") primarily at ("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 's 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 is 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 's use or presence at the Facility. This waiver and release is intended to release and forever discharLye the Citv of Fort Worth, its officers, servants, agents and emplovees from anv and all claims, actions, causes of action, damages, losses or expenses, including attornev's fees whether real or asserted, of every kind or character, arising out of 'sl use of the Facility, including going to and from such Facilitv. 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 Citv of Fort Worth, its officers, servants, agents and emplovees 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 Citv of Fort Worth, its officers, servants. agents or emplovees. 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 Worksite Training Agreement Page 16 of 18 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] Worksite Training Agreement Pagc 17 of 18 EXHIBIT C TEXAS WORKFORCE COMMISSION VOCATIONAL REHABILITATION SERVICES PAID WORK EXPERIENCE WORKSITE AGREEMENT (ATTACHED) Worksite Training Agreement Page 18 of 18 r E XA Texas Workforce Commission WORKFORCE SOLUTIONS Vocational Rehabilitation Services Paid Work Experience Worksite Agreement Paid Work Experience Services must be provided in accordance with the Board VR Requirements Manual. This Agreement may be modified or replaced if conditions change. Failure to fulfill the responsibilities set out in this document may result in: disallowed costs and/or barring future participation in this program. Participant name: VR Case ID: Contact number: ( ) Board name: Board contractor name (when applicable): Point of contact name: Point of contact phone number: ( ) Worksite: Street address (include suite number, if any): City: Date of birth: Email address: Point of contact email address: Fax number: ( ) Designated Worksite Supervisor or Contact Person Name: Phone number: ( ) Email address: State: ZIP code: Describe the skills, duties and responsibilities the VR participant will be performing at the work experience site. Length of the worksite experience: Week(s) I Hours to be worked per week: As a worksite, we agree to: 1. Provide meaningful, well supervised, safe employment for VR participants; 2. Assure sufficient work to occupy the VR participant; VR1990 (08/21) Paid Work Experience — Worksite Agreement Page 1 of 2 3. Provide appropriate and sufficient instruction and equipment/materials/tools, as appropriate, for VR participants to conduct their job duties; 4. Assure that any VR participant receives safety training provided to employees performing same job duties; 5. Assure that all VR participants are supervised at all times by a qualified supervisor. No VR participant may be placed in an employment activity where a member of that person's immediate family is directly supervised by or directly supervises that individual; 6. Assure compliance with state and federal Employee Right -To -Know and Child Labor laws; Americans with Disabilities Act; Fair Labor Standards Act and Equal Employment Opportunity laws and regulations; 7. Assure employment of the VR participant will be supplemental and will in no way affect status of regular employees or seasonal employees normally hired; 8. Cooperate with TWC-VR staff in monitoring progress of VR participants; 9. Adhere to the regulations and conditions as outlined on this Agreement and in the Board VR Requirements Manual; 10.Assure that all work is conducted in a sanitary and drug -free environment, under safe working conditions in compliance with OSHA standards; 11. Maintain an accurate record of time and attendance for each VR participant, which record shall be signed and submitted according to the: ❑ Worksite payroll process and schedule ❑ Board payroll process and schedule For the avoidance of doubt, VR participants are not employees of the worksite, and the worksite shall not be liable for any amounts owed to any VR participant. 12. Inform VR participants of employment rules including grievance procedures and non- discrimination policy; 13. Notify Service Provider (Board) of any VR participant terminations; and 14. Notify Service Provider (Board) within one business day of any workplace injury of a VR Participant and submit appropriate forms. Designated Worksite Supervisor Name: Designated Worksite Supervisor Signature: Date: X Note: A parent or representative must sign if the student is a minor (under 18 years of age). As a participant, I agree that: 1. Paid work experience assignments will not exceed twenty (20) hours per week and twelve (12) weeks per worksite assignment; 2. 1 am responsible for reporting my earnings to any agency from which I receive economic assistance; and 3. This is not a permanent position and can be terminated by any party at any time. VR Participant Signature: Date: X Parent/Guardian/Representative Signature: Date: X VR1990 (08/21) Paid Work Experience — Worksite Agreement Page 2 of 2