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HomeMy WebLinkAboutContract 63541CSC No. 63541 WORKSITE TRAINING AGREEMENT 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 Child Study Center at Cook Children's ("CSC), each individually referred to as a "Party" and collectively referred to as the "Parties." WHEREAS, CSC conducts an unpaid work experience program ("Program"), in order to provide students with disabilities ("Participants") the opportunity to develop job readiness skills, engage in volunteering, and participate in job shadowing. This program combines employability skills training with hands-on experience to better prepare students for future employment opportunities; and WHEREAS, City believes that certain opportunities exist within the City to provide a worksite for Participants to participate in the Program; and WHEREAS, CSC 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 CSC. NOW THEREFORE, CSC 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; and 3. Exhibit B — Participant Waiver Exhibits A and B 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 and/or B 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 Child Study Center unpaid 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. This Agreement will begin on June 1, 2025 ("Effective Date") and will expire on May 31, 2026 ("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. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Worksite Training Agreement Page 1 of 17 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 CSC or any Participant in CSC's program who performs any services in connection with this agreement. CSC 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, CSC 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 CSC 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. CSC hereby warrants to City that CSC has made full disclosure in writing of any existing or potential conflicts of interest related to CSC's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, CSC hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information. CSC, 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. City Information shall not include any information that is already in the public domain or is otherwise discoverable by the general public. 5.3 Unauthorized Access. CSC 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. CSC 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, CSC 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. 6. RIGHT TO AUDIT. CSC 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 CSC involving transactions relating to this Agreement at no additional cost to City. CSC agrees that City will have access during normal working hours to all necessary Worksite Training Agreement Page 2 of 17 CSC facilities and will be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City will give CSC 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 CSC and all participants in CSC's Program will operate as independent contractors as to all rights and privileges and work performed under this Agreement, and not as agents, representatives or employees of City. Subject to and in accordance with the conditions and provisions of this Agreement, CSC 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. CSC acknowledges that the doctrine of respondeat superior will not apply as between City, its officers, agents, servants and employees, and CSC, its officers, agents, participants, employees, servants, contractors and subcontractors. CSC further agrees that nothing herein will be construed as the creation of a partnership or joint enterprise between City and CSC. Neither CSC, nor any officers, agents, participants, servants, employees, students or subcontractors of CSC will be entitled to any employment benefits from City. CSC 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 CSC shall not be employees of City, but shall be and remain students enrolled at CSC, reporting solely to CSC. CSC's personnel performing services shall have a duty of loyalty to CSC. CSC shall determine the terms of participation in the Program for its respective personnel in accordance with its standard practices. All CSC's personnel assigned to perform services under this agreement shall be required to sign an acknowledgement in form reasonably acceptable to CSC and City that provides that although such personnel may work with employees of City, (i) they are students of CSC only and (ii) they are expected to follow the policies, procedures and direction of CSC. Such direction may include that Participants are required by CSC 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 - EMPLOYERCSC WILL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF EMPLOYERCSC, ITS OFFICERS, PARTICIPANTS, AGENTS, SERVANTS OR EMPLOYEES. 9.2 GENERAL INDEMNIFICATION - CSC 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 CSC'S Worksite Training Agreement Page 3 of 17 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 Assisnment. CSC 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 CSC under which the assignee agrees to be bound by the duties and obligations of CSC under this Agreement. CSC and Assignee will be jointly liable for all obligations of CSC 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 CSC referencing this Agreement under which subcontractor will agree to be bound by the duties and obligations of CSC under this Agreement as such duties and obligations may apply. CSC must provide City with a fully executed copy of any such subcontract. 11. INSURANCE. CSC 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 Coverage will be on any vehicle used by CSC, 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 CSCs' liability $100,000 - Bodily Injury by accident; each accident/occurrence Worksite Training Agreement Page 4 of 17 $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: 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. (f) Certificates of Insurance evidencing that CSC has obtained all required insurance will be delivered to the City prior to CSC proceeding with any work pursuant to this Agreement. 12. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS. CSC 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 Worksite Training Agreement Page 5 of 17 regulations. If City notifies CSC of any violation of such laws, ordinances, rules or regulations, CSC must immediately desist from and correct the violation. 13. NON-DISCRIMINATION COVENANT. CSC, for itself, its personal representatives, Participants, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of CSC'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 CSC, ITS PERSONAL REPRESENTATIVES, PARTICIPANTS, ASSIGNS, SUB CSCS OR SUCCESSORS IN INTEREST, CSC 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: Dianna Giordano 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 15. GOVERNMENTAL POWERS. To CSC: Cook Children's Healthcare System Attn: Chief Legal Officer 801 Seventh Avenue Fort Worth, TX 76102 It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 16. NO WAIVER. The failure of City or CSC 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 CSC'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. Worksite Training Agreement Page 6 of 17 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 CSC 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 Parry'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. 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. CSC 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 Worksite Training Agreement Page 7 of 17 by City, CSC will provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. CSC 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 CSC employee who is not legally eligible to perform such services. CSC WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CSC, CSC'S EMPLOYEES, SUBCONTRACTORS, PARTICIPANTS, AGENTS, OR LICENSEES. City, upon written notice to CSC, will have the right to immediately terminate this Agreement for violations of this provision by CSC. 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, CSC 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 CSC 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. CSC 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 CSC or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 28. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL. If CSC has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. CSC 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 Worksite Training Agreement Page 8 of 17 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, CSC certifies that CSC's signature provides written verification to the City that CSC: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. 29. PROHIBITION ON BOYCOTTING ENERGY COMPANIES. CSC 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, CSC certifies that CSC's signature provides written verification to City that CSC: (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. CSC 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, CSC certifies that CSC's signature provides written verification to City that CSC: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 31. ELECTRONIC SIGNATURES. This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions (e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign. 32. ENTIRETY OF AGREEMENT. This Agreement, including Exhibits A, B and C, contains the entire understanding and agreement between City and CSC, 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. Worksite Training Agreement Page 9 of 17 (signature page follows) Worksite Training Agreement Page 10 of 17 ACCEPTED AND AGREED: CITY OF FORT WO TH: By: Dianna Giordano (Jun 26, 202513:01 CDT) Name: Dianna Giordano Title: Assistant City Manager Date: 06/26/2025 APPROVAL RECO NDED: By: Name: Holly Moyer Title: Interim Director, Human Resources ATTEST: onn p��fORt�9A� °° Od DOS ==0 ca°nn�64g4g4 By: Name: Jannette Goodall Title: City Secretary Child Study Center — Cook Children's 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. Name: Victor Escobedo Title: Human Resources Manager APPROVED AS TO FORM AND LEGALITY: By: Name: Jessika Williams Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: N/A 1295: N/A mancw Cyd'�i By: Nancy Cychol (Jun 11, 2025 08:06 CDT) Name: Nancy Cychol Title: Executive Vice President, Hospital Services OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Worksite Training Agreement Page 11 of 17 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 16-21 are eligible for placement at City worksites. 4. Participants will not participate in the experience 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. 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, CSC 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 a meaningful, well supervised, safe experience 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 that Participants' participation in the experience will be supplemental and will in no way affect status of regular employees or seasonal employees normally hired 8. Cooperate with Child Study Center staff in monitoring the progress of Participants 9. Adhere to the regulations and conditions as outlined in this Agreement 10. Assure that all work is conducted in a sanitary and drug -free environment, under safe working conditions in compliance with OSHA standards 11. Inform Participants of employment rules including grievance procedures and non- discrimination policy 12. Notify Child Study Center of any Participant terminations 13. Notify Child Study Center within one business day of any workplace injury of a Participant and submit appropriate forms Worksite Training Agreement Page 12 of 17 D. CSC'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. Maintain appropriate insurance coverage for all participants (copy of report provided in Supervisor Handbook) 5. Prior to placement, CSC 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, or participants that are otherwise unable to execute a Waiver, their parent and/or legal guardian will be required to sign the Waiver on their behalf. 6. 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 CSC at any time and for any reason whatsoever without any penalty to the City. City will notify CSC of any participant whose participation under this agreement the City wants CSC to end, as soon as practicable once that decision has been made by the City. CSC may remove any participant from the worksite at any time for any reason whatsoever without any penalty to CSC. The decision to terminate the employment of a Participant is solely the decision of CSC. CSC will notify City of removal or termination of employment as soon as practicable once the decision has been made by CSC. Worksite Training Agreement Page 13 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 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 unpaid work experience program ("Program") solely managed by the Child Study Center at Cook Children's, 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 emulovees from anv and all claims. actions, causes of action, damages, losses or exuenses, including attornev's fees whether real or asserted, of every kind or character, arising out of my use of the Facilitv, 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 emulovees even if said iniuries. death or other damages are caused in whole or in uart by the alleged acts of commission, omission, negligence or fault of the Citv of Fort Worth, its officers, servants, agents or emulovees. 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 17 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 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 is participation in the unpaid work experience program ("Program") solely managed by the Child Study Center at Cook Children's, 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 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 Citv of Fort Worth, its officers, servants, agents and emDlovees 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 Facilitv. 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 emDlovees. 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 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] Worksite Training Agreement Page 17 of 17