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Home My WebLink AboutContract 26670 CITY SECRETARY CONTRACT NO. r1r) State of Texas, § Counties of Tarrant § and Denton § AGREEMENT FOR TEACHING POOL OPERATOR'S CERTIFICATE COURSE Know all persons by these presents: This agreement for teaching a Pool Operator's Certificate course is entered into by and between the City of Fort Worth, a home-rule municipal corporation of the State of Texas, hereinafter called "City," acting herein by and through Libby Watson, its duly authorized Assistant City Manager, and Rob Morgan, an individual, hereinafter called "Contractor." 1. Term This agreement commences on May 1, 2001 by both parties and ends on August 30, 2001. 2. Responsibilities of Parties A. Contractor shall teach a Pool Operator's Certificate course on each of the following dates: May 10, 2001, May 31, 2001, June 14, 2001, June 28, 2001, July 26, 2001, August 23, 2001, and August 30, 2001. Contractor shall provide a Spanish speaking instructor for the July 12, 2001 class specifically scheduled for Spanish speaking pool/spa operators. The classes shall be conducted at the Public Health Center, 1800 University Drive, Fort Worth, Texas, in a classroom provided by City. Each class shall be a six hour to six and one-half hour course of instruction, including a written examination, following the curriculum which is attached hereto as Exhibit "A" and incorporated into this contract as if set forth at length herein. B. Contractor shall provide a set of teaching materials, in English and Spanish, to City at least one week prior to the first scheduled class, in order for City to review and approve the materials. City retains the right to reject any materials submitted by Contractor for the classes. This set of teaching materials shall be in addition to teaching materials Contractor will provide to each attendee. City agrees that all teaching materials provided by Contractor may contain the name, logo, address, and telephone number of Sunbelt Pool Supply; however, City may place a disclaimer at the beginning of the materials stating that the City does not endorse the products or services of Sunbelt. Contractor shall provide each attendee a laminated adjustment chart, and a set of teaching materials on the day of class. M /°ePH. V9Y,- C. If Contractor is unable to personally teach any of the scheduled classes, he shall inform the City at least one day prior to the class, and shall provide a substitute teacher with the proper credentials to teach the course. The City shall have the right to reject any substitute teacher provided by Contractor. D. For each attendee, City shall reproduce additional teaching materials, as described in subparagraph B above, which shall be made available at the beginning of each class. City may add additional materials to those provided by Contractor. E. City shall advertise the Pool Operator's Certificate course, register attendees, and provide support staff at the beginning of each class for registration. F. City shall provide a room at the Public Health Center, 1800 University Drive, Fort Worth, Texas for each class, and shall provide an overhead projector, VCR, monitors, and drawing board for the use of Contractor during each class. G. City shall provide Contractor with a certificate for each attendee, prepared in advance. At the end of each class, Contractor shall sign and issue a certificate to each attendee who satisfactorily completes the course. Contractor shall return any unissued certificates to the City. H. Contractor shall promptly deliver to City a list of all persons he certifies as pool operators. 3. Consideration In consideration for the services rendered to City by Contractor, City agrees to pay Contractor a sum not to exceed $2,600, which is payable upon the completion of this agreement. 4. Independent Contractor A. Contractor shall operate hereunder as an independent contractor and not as an officer, partner, agent, servant, or employee of City. Contractor shall have the exclusive right to control the details of the work and services performed hereunder, and all persons performing same, and shall be solely liable for Contractor's acts or omissions, and the acts or omissions of Contractor's employees, servants, and agents. Agreement For Teaching Pool Operator's Certificate Course , KMA G'CGGN v MEMS RY 1-7a 1"ID,iFj,i � o B. City shall have no right to exercise any control over the selection of Contractor's personnel, to staff Contractor's operation on any given day or to supervise or regulate Contractor's personnel in any way. C. The doctrine of Respondeat Superior shall not apply as between the parties, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. 5. Termination A. This agreement may be terminated by Contractor upon thirty (30) days written notice delivered in person or by certified mail to the City. B. This agreement may be terminated by City, for any reason, upon written notice to the Contractor, delivered in person or by certified mail to the Contractor. 6. Amendmen# This agreement may be amended in writing only, executed by each of the parties. 7. Notice Any notice required to be given hereunder shall be given as follows: To City: Dr. Richard Shafer, Consumer Health Manager Fort Worth Public Health Department 1800 University Drive Fort Worth, Texas 76107 To Contractor: Rob Morgan Sunbelt Pool Supply 10555 Plano Road Dallas, Texas 75238-1305 or to any other persons the parties may from time-to-time stipulate. Agreement For Teaching Pool Page 3 Operator's Certificate Course VE COO R -Wo�IFNI Y a. 8. Venue Should any action, whether real or asserted, at law or in equity, arise out of or under this agreement, venue for said action shall be in Tarrant County, Texas. 9. Non-Waiver The failure of City to insist upon the performance of any term or provision of this agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely upon any such term or right on any future occasion. 10. Severability In case any one or more of the provisions contained in this agreement shall, for any reason, be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this agreement, and such agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 11. Entirety This written instrument constitutes the entire agreement by the parties hereto concerning the work and services to be performed hereunder, and any prior or contemporaneous oral or written agreements which purport to vary from the terms hereof shall be void. Agreement For Teaching Pool Page 4 Operator's Certificate Course om mj E pcEco o In witness thereof, the parties hereto have executed this agreement the day of r P, 2001 , in Fort Worth, Tarrant County, Texas. BY C! BY CONTRACTOR Libby Watson Rob Morgan Assistant City Manager APPROVED AS TO FORM ,AND CONTENT: Kevin Kapitan Assistant Citi Attorney A EST: Gloria Pearson City Secretary /,-No M & C Required Agreement For Teaching Pool Operators Certificate Course POOL CURRICULUM I. City of Fort Worth Pool Ordinance — "So, what is new?" Briefly II. Swimming Pool Calculations — Calculating Pool Capacity (Pool Volume) — Calculating User Load — Determining Flow Rate III. Filters and Filtration — Water Clarity — Turnover Rate, Filter Media — Types of Filters IV. Pool Recirculation Equipment — Water Distribution — Recirculation Equipment/Functions — Piping, Valves — Pressure Gauges, Flow Meters-How to Interpret V. Water Chemistry — Chlorination: Sanitation, Oxidation, Superchlorination, Combined Chlorine, Breakpoint Chlorination, Effects of pH on Chlorine — Non-Chlorine Oxidizers — Other Pool Chemicals: Flocculants, Algicides, Degreasers, Defoamers, Cyanuric Acid — Chemical Balancing: Understanding pH, Control of pH, Total Alkalinity, Understanding and Controlling Calcium Hardness VI. Pool Water Testing — Testing for Chlorine, D.P.D. Method (Free Available Chlorine Test, Total Chlorine Test, Combined Chlorine Calculation) — Testing pH: Solution Method, Tablet Method — Testing Hardness: Total and Calcium Hardness — Testing Total Alkalinity — Testing Cyanuric Acid AGO I C_2DMRY m y 054e117Hi � e POOH CU"�ICUUM VII. Spas, Hot Tubs, and Therapy Pools — Bather Load — Alkalinity, Water Hardness, Temperature — Recirculation, Turnover Rate — Drain and Drain Covers VIII. Disease and Accident — Pool Water As a Potential Disease Carrier — Disease Prevention — Accident Prevention (Safety Hazards and Safety Equipment) — Depth MarkingsMotation Dividers IX. Other Topics as Time Allows — Spring Start-up — Winterizing Facilities — Helpful Hints HCOM CIS L'cPRY (Ta KU _ �1 ��a