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HomeMy WebLinkAboutContract 62780Worksite Training Agreement Page 1 of 17 WORKSITE TRAINING AGREEMENT Crowley Independent School District 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 the Crowley Independent School District (“Employer”), each individually referred to as a “Party” and collectively referred to as the “Parties.” WHEREAS, Employer conducts a Career and Technical Education (CTE) program (“Program”), in order to prepare students (“Participants”) for a variety of careers by providing them with the skills, knowledge, and experience they need to be successful; WHEREAS, the program combines work-based training, employability and real-world skills that are relevant to the 21st century workplace to better prepare students for future employment opportunities; WHEREAS, City recognizes the professional responsibility of assisting in the teaching and growth of students and is interested in aiding the School District's growing CTE Program by providing a worksite location for Participants; and WHEREAS, City believes that certain opportunities exist within the City of Fort Worth’s Teen Court program (located at 1000 Throckmorton Street- 4th floor, Fort Worth, TX 76102) that will provide a valuable worksite for Participants in the CTE program, specifically the CTE Law Program; and WHEREAS, Employer and City believe that executing this agreement will provide a meaningful opportunity for Participants while also raising awareness of City functions. 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- Career & Technical Education Internship Agreement. 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 Exhibit C and the terms and conditions set forth in the body of this Agreement and/or Exhibit A and B, the terms and conditions of this Agreement and Exhibit A and B will control. 1. SCOPE OF SERVICES. City will allow up to 6 participants to engage in specific assignments under the Crowley Independent School District Career and Technology Education (CTE) program (“Program”) at the City of Fort Worth Municipal Court, in accordance with this Agreement. Exhibit “A,” - Scope of Services more specifically describes the services to be provided hereunder. 2.TERM. Worksite Training Agreement Page 2 of 17 This Agreement will begin on January 1, 2025 (“Effective Date”) and will expire on December 31, 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 Municipal Court 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 of Fort Worth Municipal Court, Fort Worth Teen Court, programs, 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 3 of 17 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, Worksite Training Agreement Page 4 of 17 INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF EMPLOYER, ITS OFFICERS, PARTICIPANTS, AGENTS, SERVANTS OR EMPLOYEES. 9.2 GENERAL INDEMNIFICATION - EMPLOYER HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO EMPLOYER'S BUSINESS AND ANY RESULTING LOST PROFITS), CONTRACTUAL DISPUTES FROM PARTICIPANTS, AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. THIS SPECIFICALLY INCLUDES ANY LIABILITY, CLAIMS, LAWSUITS, DAMAGES, OR OTHER COSTS OF ANY KIND OR CHARACTER THAT ARE CAUSED BY ANY ACTION OR OMISSION BY CITY, CITY’S OFFICERS, EMPLOYEES, OR SUBCONTRACTORS IN CONNECTION WITH THIS AGREEMENT., 9.3 This section will survive the expiration or termination of this Agreement. 10. ASSIGNMENT AND SUBCONTRACTING. 10.1 Assignment. 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 Coverage and Limits (a)Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Worksite Training Agreement Page 5 of 17 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 Requirements (a) The commercial general liability and automobile liability policies must name City as an additional insured thereon, as its interests may appear. The term City includes its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers’ compensation policy must include a Waiver of Subrogation (Right of Recovery) in favor of City. (c) A minimum of Thirty (30) days’ notice of cancellation or reduction in limits of coverage must be provided to City. Ten (10) days’ notice will be acceptable in the event of non-payment of premium. Notice must be sent to City of Fort Worth, Attn: Victor Escobedo, Human Resources Manager, 100 Fort Worth Trail, 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 6 of 17 (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 party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: City of Fort Worth Attn: Valerie Washington 100 Fort Worth Trail Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 With copy to Fort Worth City Attorney’s Office at same address To EMPLOYER: Crowley Independent School District Attn: Leon Fisher Chief Financial Officer 1900 Crowley Pride Drive Fort Worth, TX 76036 15. GOVERNMENTAL POWERS. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 16. NO WAIVER. Worksite Training Agreement Page 7 of 17 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 Party whose performance is affected (collectively, “Force Majeure Event”). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or hinders the Party’s performance, as soon as reasonably possible after the occurrence of the Force Majeure Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice required by this section must be addressed and delivered in accordance with Section 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 8 of 17 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 9 of 17 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 10 of 17 “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 11 of 17 ACCEPTED AND AGREED: CITY OF FORT WORTH: By: ___________________________ Name: Valerie Washington Title: Assistant City Manager Date: ___________________________ APPROVAL RECOMMENDED: By: ______________________________ Name: William Rumuly Title: Director, Municipal Court ATTEST: By: ______________________________ Name: Jannette Goodall Title: City Secretary CONTRACT COMPLIANCE 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: ______________________________ Name: Yvonne Yañez Title: Teen Court Coordinator APPROVED AS TO FORM AND LEGALITY: By: ______________________________ Name: Jessika Williams Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: N/A 1295: N/A EMPLOYER: Crowley Independent School District By: Name: Dr. Annette Duvall Title: Executive Director of CTE & Program Evaluations Name: Leon Fisher Title: Chief Financial Officer Worksite Training Agreement Page 12 of 17 EXHIBIT A SCOPE OF SERVICES A. Worksite availability: 1. Participant placement will be based upon identified needs. 2. All work assignments will be located at the City of Fort Worth Municipal Court. 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. The fall semester runs approximately 17 weeks (August to December), and the spring semester lasts approximately 16 weeks (January to May). Students are available for worksite assignments during two time frames: mornings from 9 AM to 11 AM and afternoons from 1 PM to 3 PM. 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. For participants younger than 18, their parent and/or legal guardian will be required to sign the Waiver on their behalf. 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. Allow School District Personnel to participate in the learning experiences under the program, provided that the City is able to obtain any consents deemed necessary by City, which consents shall not be unreasonably withheld by School District Personnel. 6. 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. 7. 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. 8. Assure employment of the Participant will be supplemental and will in no way affect status of regular employees or seasonal employees normally hired. 9. Cooperate with Employer in monitoring the progress of Participants. 10. Adhere to the regulations and conditions as outlined in this Agreement. 11. Assure that all work is conducted in a sanitary and drug-free environment, under safe working conditions in compliance with OSHA standards. Worksite Training Agreement Page 13 of 17 12. Inform Participants of employment rules including grievance procedures and non- discrimination policy. 13. Notify Employer of any Participant terminations. 14. Notify Employer within one business day of any workplace injury of a Participant and submit appropriate forms. 15. Maintain the confidentiality and privacy of Participant records and information in accordance with Family Educational Rights and Privacy Act (FERPA). 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, CTE Program Standards and TEA 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, CTE Program Standards and TEA 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. 6. Prior to placement, Employer will require each participant who will be placed with the City to execute a Waiver, as attached as Exhibit B, 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. 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 14 of 17 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 WORTH 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 work-based training through the Career and Technical Education (CTE) (“Program”) solely managed by the Crowley Independent School District, 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 City of Fort Worth, its officers, servants, agents and employees from any and all claims, actions, causes of action, damages, losses or expenses, including attorney’s fees whether real or asserted, of every kind or character, arising out of my use of the Facility, including going to and from such Facility. I, for myself, my heirs and assigns, hereby assume the risk of all conditions of the Facility, dangerous or otherwise, all occurrences that may be encountered while using or going to or from such Facility and waive any and all specific notice of the existence of such conditions or occurrences. This waiver is intended to release the City of Fort Worth, its officers, servants, agents and employees even if said injuries, death or other damages are caused in whole or in part by the alleged acts of commission, omission, negligence or fault of the City of Fort Worth, its officers, servants, agents or employees. I, for myself, and my heirs and assigns hereby assume all responsibility and liability for such injuries or damages, including death, and hereby covenant not to sue the entities and parties named above for such injuries or damages. I FURTHER AGREE TO INDEMNIFY AND DEFEND THE CITY AND HOLD THE CITY HARMLESS FROM ALL CLAIMS, TOGETHER WITH ALL COSTS, EXPENSES, AND LEGAL FEES IN DEFENDING ALL CLAIMS DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO MY USE OF THE FACILITY. THIS INDEMNITY PROVISION (INCLUDING, WITHOUT LIMITATION, INDEMNITY FOR COSTS, EXPENSES AND LEGAL FEES) IS SPECIFICALLY INTENDED TO OPERATE AND BE APPLICABLE EVEN IF IT IS ALLEGED OR PROVED THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED AS A WHOLE OR IN PART BY ANY ACT, OMISSION, NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT, INTENTIONAL CONDUCT, VIOLATION OF STATUTE OR COMMON LAW, BREACH OF WARRANTY, PRODUCT DEFECT, STRICT PRODUCT LIABILITY, OR ANY Worksite Training Agreement Page 15 of 17 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, 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 16 of 17 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 ___________’s participation in the unpaid work-based training through the Career and Technical Education (CTE) (“Program”) solely managed by the Crowley Independent School District, 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 ____________________’s 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 __________________’s use or presence at the Facility. This waiver and release is intended to release and forever discharge the City of Fort Worth, its officers, servants, agents and employees from any and all claims, actions, causes of action, damages, losses or expenses, including attorney’s fees whether real or asserted, of every kind or character, arising out of [__ _ ___’s] use of the Facility, including going to and from such Facility. I, for myself, ___________________, my heirs and assigns, hereby assume the risk of all conditions of the Facility, dangerous or otherwise, all occurrences that may be encountered while using or going to or from such Facility and waive any and all specific notice of the existence of such conditions or occurrences. This waiver is intended to release the City of Fort Worth, its officers, servants, agents and employees even if said injuries, death or other damages are caused in whole or in part by the alleged acts of commission, omission, negligence or fault of the City of Fort Worth, its officers, servants, agents or employees. I, for myself, _________________, and my heirs and assigns hereby assume all responsibility and liability for such injuries or damages, including death, and hereby covenant not to sue the entities and parties named above for such injuries or damages. I FURTHER AGREE TO INDEMNIFY AND DEFEND THE CITY AND HOLD THE CITY HARMLESS FROM ALL CLAIMS, TOGETHER WITH ALL COSTS, EXPENSES, AND LEGAL FEES IN DEFENDING ALL CLAIMS DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO ____________’s USE OF THE FACILITY. THIS INDEMNITY PROVISION (INCLUDING, WITHOUT LIMITATION, INDEMNITY FOR COSTS, EXPENSES AND LEGAL FEES) IS SPECIFICALLY INTENDED TO OPERATE AND BE APPLICABLE EVEN IF IT IS ALLEGED OR PROVED THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED AS A WHOLE OR IN PART BY ANY ACT, OMISSION, NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT, INTENTIONAL CONDUCT, VIOLATION OF STATUTE OR COMMON LAW, BREACH OF WARRANTY, PRODUCT DEFECT, STRICT PRODUCT Worksite Training Agreement Page 17 of 17 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] Approved by CISD Legal_November 2021 EXHIBIT C CAREER & TECHNICAL EDUCATION INTERNSHIP AGREEMENT This Agreement ("Agreement") is entered into by and between the Crowley Independent School District, with its principle office located at 512 Peach St., Crowley, TX 76036 (hereinafter, "School District"), and City of Fort Worth, with its principle office located at 100 Fort Worth Trail, Fort Worth, TX 76102 (hereinafter, "City"). The two entities are collectively referred to hereinafter as the "Parties." WITNESSETH: WHEREAS, the School District operates a Career and Technology Education ("CTE") program, to prepare student participants (“Participants”) for a variety of careers by providing them with the skills, knowledge, and experience they need to be successful; WHEREAS, the program combines work-based training, employability and real-world skills that are relevant to the 21st century workplace to better prepare students for future employment opportunities; WHEREAS City recognizes the professional responsibility of assisting in the teaching and growth of students and is interested in aiding the School District's growing CTE Program by providing a worksite location for Participants; and WHEREAS, City believes that opportunities exist within the City of Fort Worth’s Teen Court program (located at 1000 Throckmorton Street- 4th floor, Fort Worth, TX 76102) that will provide a valuable worksite for Participants in the CTE program, specifically the CTE Law Program. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. This Agreement shall be effective as of the ____________ day of __________________ 20____ (“Commencement Date”). 2. The School District acknowledges that School District Students and Staff (collectively, "School District Personnel") shall be expected to comply with all current policies and procedures of City, which policies City will make readily available to School District Personnel upon the signing of this Agreement. 3. The City acknowledges that School District Personnel will be supervised by City Personnel who have passed the City background check and who are professionals in the subject matter of the aforementioned CTE field of study. 4. The School District shall ensure that School District Personnel maintain the confidentiality of all information related to City in accordance with all applicable federal and state laws and regulations. 5. City and the School District acknowledge that each has a legal obligation to maintain the confidentiality and privacy of Student records and information in accordance with FERPA. Neither City nor the School District may disclose information contained in Student records received from the other Party to a third Party without prior written consent from the Student or the Student’s parent/legal guardian. City and the School District must destroy any Student information received from the other Party under this Agreement when such Student Approved by CISD Legal_November 2021 information and records are no longer needed for the purposes contemplated under this Agreement. 6. The School District’s (administrator) shall serve as a liaison with City field instructors when necessary. 7. As needed, the School District shall provide transportation for the students to and from the City. 8. As needed, the School District shall provide and maintain records and reports required by City for conducting certain experiences of School District Personnel under this Agreement. 9. City shall provide learning experiences to School District Personnel in the Program. The number of School District Personnel, their program of education within City and the scheduling of the education at City shall be determined by mutual agreement between the City's coordinator for CTE internships and the School District's (administrator) and memorialized in the Internship Training Agreement form attached hereto as Exhibit B. 10. City and the School District agree that City will allow School District Personnel to participate in the learning experiences under the Program, provided that City is able to obtain any consents deemed necessary by City, which consents shall not be unreasonably withheld by School District Personnel. 11. City shall require School District to withdraw a School District Student from the Program If: (1) the achievement, progress, adjustment or health of the student does not warrant continuation, or (2) the behavior of the student fails to conform to City policies and procedures. 12. City shall provide and maintain records and reports reasonably required by School District for conducting the educational Program. 13. The School District agrees (a) to maintain, at its sole expense, Professional Liability and General Liability coverage for the School District and all School District Personnel with qualified insurers in amounts of not less than $1,000,000.00 per occurrence and $1,000,000.00 aggregate, (b) to maintain, at its sole expense, Workers Compensation coverage for all School District Staff with qualified insurers in amounts required by state law, and (c) to furnish City with certificates of such insurance at least sixty (60) days prior to commencement of each term of this Agreement. 14. To the Extent permitted by current Texas law applicable to independent school districts, the School District agrees to mutually indemnify, defend and hold harmless City, its directors, officers, employees, agents and/or representatives. 15. To the Extent permitted by current Texas law applicable to independent school districts, City agrees to indemnify, defend and hold harmless School District, its directors, officers, employees, representatives, affiliates and agents from any and all liabilities, lawsuits, claims, damages, losses, expenses, court costs, reasonable attorney's fees, and other reasonable costs of defense resulting from or attributable to acts or omissions of the City, City Personnel, employees, agents or representatives. 16. The School District and City shall not discriminate against anyone applying to or enrolled in the Program contemplated under this Agreement or employed by either party because of race, color, religion, ethnicity, national origin, age, sex or marital, veteran or handicapped status. 17. The School District and City agree that they shall abide by all applicable federal, state and local laws, rules, regulations and executive orders in effect as of the date of this Agreement, and as they may change or be amended. 18. This Agreement is for a term of one (1) year and shall begin on the Commencement Date hereof; provided; however, that the Agreement may be terminated by either party with or without Approved by CISD Legal_November 2021 cause or liability, upon providing at least sixty (60) days written notice to the other party. This Agreement may be extended for additional one (1) year terms upon the mutual, written agreement of the Parties. 19. This Agreement is not intended to create, nor should it be construed to create any relationship between the Parties other than that of independent contractors. Neither Party has the authority to bind the other party, contractually or otherwise, except as specifically authorized in this Agreement. 20. This Agreement shall not be assigned or transferred by either Party without written approval of the other. 21. This Agreement constitutes the entire agreement between the parties. No changes or addition shall be binding upon the parties until reduced to writing and signed by both Parties. This Agreement, when fully executed, shall supersede any and all prior or existing agreements, either oral or written, with respect to the subject matter hereof. 22. This Agreement shall be governed by and construed under the laws of the State of Texas, without regard to its conflict of law principles. 23. In the event that a provision of this Agreement is held to be invalid or unenforceable, the balance of this Agreement will remain in force and effect. Any notices required to be sent under this Agreement shall be deemed given when: (a) personally delivered, (b) if sent by facsimile upon confirmation of successful transmission, or (c) if sent by U.S. Mail, three (3) business days after deposit in the U.S. Mail, First Class, certified, or registered, postage pre-paid to the addresses set forth in the first paragraph of this Agreement or such other address as specified in writing. IN WITNESS WHEREOF, the Parties hereto have set their hands as of this ________________ day of ___________________ 20____. City of Fort Worth Crowley Independent School District By: __________________________________ By:________________________________ Name _______________________________ Name:_____________________________ Title: _Assistant City Manager_____________ Title: ______________________________ Training Plan Agreement Student Grade Age School District Campus Name Career Cluster Business Name Program of Study CTE Course Title Time Class Meets Course Code The student agrees to diligently perform the work-based training experiences and conscientiously pursue the coordinated classroom course of study as outlined in this training plan. Work-based training experiences will be assigned by the training sponsor and performed according to the same company policies and regulations applicable to regular employees. The student agrees to take advantage of every opportunity to improve his or her efficiency, knowledge, and personal traits in order to pursue further education and enter the chosen occupation as a desirable employee. The company and school are responsible for providing students with opportunities for training in the basic skills of an occupation and knowledge of related technical information. In order to provide a systematic plan for well-rounded training, a schedule of work-based training experiences and a parallel classroom course of study have been coordinated and agreed upon by the training sponsor and CTE teacher. In addition to providing practical instruction, the work-based learning instruction the student receives can be paid or unpaid. Please check one: Unpaid work-based instruction OR Paid work-based instruction. The training sponsor agrees to pay the student for the useful work done while undergoing training according to the following plan: 1. The beginning wage will be $ _____ per ____ for __ hours per school week. 2. Periodically, the training sponsor and CTE teacher will jointly review the wages paid the student to determine a fair and equitable wage consistent with the student’s increased ability, prevailing economic conditions, and company policy. The training period begins the day of , 20 , and extends through , . There will be a probationary period of days during which the interested parties may determine if the student has made a wise choice of an occupational training area, and if the training should be continued. This plan may be terminated for just cause by either party without recourse. Is the training objective listed considered to be a hazardous occupation by the U. S. Department of Labor, Employment Standards Administration and the Wage and Hour Division: Yes No If yes, any exemption(s) for student-learners or apprentices will apply as described in the Youth Employment Provisions for Nonagricultural Occupations Under the Fair Labor Standards Act - Child Labor Bulletin 101 or Child Labor Requirements in Agricultural Occupations - Child Labor Bulletin 102. Current information for exemptions is available from the U. S. Department of Labor in the Wage and Hour Division or its website at www.dol.gov/whd. It is the policy of School District and (business name) not to discriminate on the basis of race, color, national origin, sex, disability or age in its programs or activities and provides equal access to the Boy Scouts and other designated youth groups. The following person has been designated to handle inquiries regarding the nondiscrimination policies: title, address, telephone number, email. Es norma de Distrito Escolar y (Nombre del Negocio) no discriminar por motivos de raza, color, origen nacional, sexo, discapacidad o edad en sus programas o actividades y brinda igualdad de acceso a los Boy Scouts y otros grupos juveniles designados. La siguiente persona ha sido designada para manejar consultas sobre las políticas de no discriminación: título, dirección, número de teléfono, correo electrónico. (Student) Date Signature Approvals (Training Sponsor) Date (Parent or Guardian) Date (CTE Teacher) Date Note: Each party to this agreement should receive a signed copy. Keep the original or a copy with the student’s permanent record. Revised 8/22/2024 Description of Specific and Related Occupational Training In the section below labeled Texas Essential Knowledge and Skills (TEKS) for Training Objective, insert the knowledge and skill statements from the related CTE course.1 The Advanced Occupationally Specific Essential Knowledge and Skills section is available to add specific training opportunities otherwise not identified in the TEKS. NOTE: Add rows as needed. Texas Essential Knowledge and Skills (TEKS) for CTE Course Work-Based Instruction Individualized Class Study Specific Related Study Assignments [Add knowledge and skill statements from the TEKS here. Student expectations are not necessary to list here.] Advanced Occupationally Specific Knowledge and Skills Work-Based Instruction Individualized Class Study Specific Related Study Assignments [Add knowledge and skill statements developed from collaboration among the student, CTE teacher, and training sponsor.] NOTE: This form is intended as a template; the user may modify as needed Revised 8/22/2024