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Home My WebLink AboutContract 35299�iTY �E�REi�RY CO(�IT�l�� . AGREEMENT WITH CONTRACTOR, SUNBELT POOLS, INC., FOR TEACHING POOL OPERATOR'S CERTIFICATE COURSE State of Texas KNOW ALL PERSONS BY THESE PRESENTS: County of Tarrant 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 situated in Tarrant, Denton, Parker and Wise Counties, State of Texas, hereinafter called "City," acting herein by and through its duly authorized Assistant City Manager and Sunbelt Pools Inc., a company, hereinafter called "Contractor." WHEREAS, the City desires to hire a professional that is knowledgeable and experienced in providing classes for individuals seeking pool operator's certificates; WHEREAS, the Contractor has represented that he is knowledgeable and experienced in providing expertise regarding swimming pool curriculum necessaiy for teaching in order to qualify individuals for an operator's certificate; NOW, THEREFORE, City and Contractor agree to the following: SECTION 1. Purpose It is understood and agreed that the sole purpose of this Agreement is to provide far the teaching of a pool operator's course in order for individuals to become certified pool operators. 2007. SECTION 2. Term This Contract commences on April 1, 2007 by both parties and ends on September 30, - -- - .. -� ,�.�ai� ,,��.�,.�. o i ';; �'� 1".; � s�:�'� ��:'�'v lJ a"� � '�N,u,`�� `�'CF�!,G'��;��Ijf ��l U'1', .:�.,ngif o�q ;`;;;;;,� �;II i `r ��a :�5�`:J:':Y�j�i� JIO✓�if Conhact For Teaching Pool Page 1 Operator's Certificate Course SECTION 3. Responsibilities of Parties A. Contractor shall teach a Pool Operator's Certificate course on each of the following dates: April 26, 2007, June 14, 2007, June 28, 2007, July 12, 2007, July 26, 2007, August 30, 2007, and September 27, 2007. Contractor shall provide a Spanish speaking instructor for the May 31, 2007 class specifically scheduled for Spanish spealcing 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 weelc 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 Pools, Inc.hereinafter called "Sunbelt"; however, City may place a disclaimer on 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. C. If Contractor is unable to personally teach any of the scheduled classes, Contractor 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, subject to the City's approval. The City shall have the right to reject any substitute teacher provided by Contractor. D. For each attendee, City shall reproduce 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 one support staff inember 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 issue a certificate to each attendee who satisfactorily completes the course. Contractor shall return any unissued certificates to the City. Conh�act For Teaching Pool Page 2 Operator's Certificate Course H. Contractor shall promptly deliver at the conclusion of each class to City a list of all persons Contractor certifies as pool operators, in accordance with all applicable law and regulations. SECTION 4. Consideration In consideration for the services rendered to City by Contractor, City agrees to pay Contractor a sum not to exceed three thousand six hundred ($3,600), which is payable upon the successful fulfillment and completion of this Contract. SECTION 5. Independent Contractor It is expressly understood and agreed that Contractor shall operate as an independent contractor in each and eveiy respect hereunder and not as an agent, representative or employee of the City. Contractor shall have the exclusive right to control all details and day-to-day operations relative to the project and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. Contractor acicnowledges that the doctrine of respondeat superior will not apply as between the City and Contractor, its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. Contractor further agrees that nothing in this Agreement will be construed as the creation of a partnership or joint enterprise between the City and Contractor. SECTION 6. Insurance Prior to entering into performance of this agreement, Consultant agrees to obtain and maintain during the life of this Agreement insurance in at least the flowing amounts. Commercial General Liability $1,000,000 each occurrence $2,000,000 aggregate Certificates of insurance evidencing that the Consultant has obtained all required insurance shall be delivered to the City priar to Consultant proceeding with the Project. The Commercial General Liability policy shall be endorsed to name the City an Additional Insured thereon, as its interests may appear. The term City shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the City. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Connact For Teaching Pool Page 3 Operator's Certificate Course Director, Public Health Department, with a copy to the respective Assistant City Attorney named in Section 10 Notice. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the City; and, such insurers shall be acceptable to the City in terms of their financial strength and solvency. Any deductible in excess of $5,000 shall be acceptable to and approved by the City's Rislc Management Division. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the City. The City shall not be responsible for the direct payment of any insurance premiums required by this Agreement. It is understood that insurance cost is an allowable component of Consultant's overhead. All insurance required herein shall be written on an occurrence basis in order to be approved by the City. SECTION 7. Indemnification Contractor agrees to defend, indemnify and hold the City, its officers, agents, servants and employees, harmless against any and all claims, lawsuits, actions, costs and expenses of any kind, including, but not limited to, those for property damage or loss (including alleged damage or loss to owner's business and any resulting lost profits) and/or personal injury, including death, that may relate to, arise out of or be occasioned by (i) Contractor's breach of any of the terms or provisions of this agreement or (ii) any negligent act or omission or intentional misconduct of Contractor, its officers, agents, associates, employees, contractors (other than the City) or subcontractors, related to the performance of this agreement; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of the city or its officers, agents, employees or separate contractors, and in the event of joint and concurrent negligence of both Contractor and City, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the state of Texas. Nothing herein shall be construed as a waiver of the city's governmental immunity as further provided by the laws of Texas. SECTION 8. Termination This Contract may be terminated by either party for any reason upon thirty (30) days notice, as provided in Section 10 below. SECTION 9. Amendment This Contract may only be amended by written mutual consent, in a form executed by each of the parties. Conh�act For Teaching Pool Page 4 Operator's Certificate Course SECTION 10. Notice All written notices called for or required by this Agreement shall be addressed to the following, or such other party or address as either party designates in writing, by certified mail, postage prepaid, or by hand delivery: To City: Elmer DePaula, Acting Consumer Health Manager Fort Worth Public Health Department 1800 University Drive Fort Worth, Texas 76107-3405 To Contractor: Rob Morgan Sunbelt Pools, Inc. 10555 Plano Road Dallas, Texas 75238-1305 With Copy To: Benita Falls Harper Assistant City Attorney 1000 Throcicmorton Street Fort Worth, Texas 76102 SECTION 11. Venue If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court far the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. SECTION 12. Non-Waiver The failure of City to insist upon the performance of any term or provision of this Contract 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 tei-m or right on any future occasion. Conhact For Teaching Pool Operator's Certificate Course '; _ Page . 5, � .; ; . 1 , ,- � , �:; � � � �� v t 5 �' ='� a� ..u, ` ` ��, ; •�,;;^�: �y �i i� i n'� �� . �� .,�:.�,rt� �L��„ '_--- p- SECTION 13. Severability In case any one or more of the provisions contained in this Contract 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 Contract, and such Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. SECTION 14, Interpretation In the event of any dispute over the meaning or application of any provision of this Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more strongly for or against any party, regardless of the actual drafter of this Agreement. SECTION 15. Assignment and Successors Contractor may not assign, transfer or otherwise convey any of its rights or obligations under this Agreement to any party without the prior written consent of the City, which consent shall not be unreasonably withheld or delayed, conditioned on (i) the prior approval of the assignee or successor and a iinding by the City Council that the proposed assignee or successor is financially capable of completing the project and (ii) the proposed assignee or successor has executed a written agreement with the City under which it agrees to assume all covenants and obligations of Contractor under this Agreement, in which case such assignee or successor shall thereafter be deemed Contractor for all purposes under this Agreement. SECTION 16. Force Majeure It is expressly understood and agreed by the parties to this Agreement that if the performance of any obligations hereunder is delayed by reason of war; civil commotion; acts of God; inclement weather; governmental restrictions, regulations, or interferences; fires; strilces; lockouts, national disasters; riots; material or labor restrictions; transportation problems; or any other circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such design or construction requirement shall be extended far a period of time equal to the period such party was delayed. Conn�act For Teaching Pool Page 6 Operator's Certificate Course SECTION 17. Homeland Security If the United States Department of Homeland Security or the City of Fort Worth issues a Level Orange or Level Red Alert or any form of high security alert or state of emergency, the City, in its sole discretion, may cancel or postpone the pool operator's certificate course in the interest of public safety. SECTION 18. Entiretv This written instrument constitutes the entire Agreement by the parties hereto concerning the worlc 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. Conhact For Teaching Pool Operator's Certificate Course Page -�-� ; ' -( �^�N '1.1� -�j . � � �i ii i.4��). , . . _ . _ d.o"v- z�a, �N�j��I�,j ,,;,, ,,,�c;i,(�7I ril u;�' ' ��:i J ll L U'� �.i Ll� l4 ;l'�-�. �1�I � �,`� •'��,'�'`�;ij�nlJ' �jL`.` ' 1 ) '�"J=�:lii�3 l�i'�:! i, In witness thereof, the parties hereto have executed this Agreement day of , 2007, in Fort Worth, Texas. BY CITY Joe Pania�ua� ;� � Assistant �ity�Manager APPROVED AS TO FORM: �� ; _ � ��. � � , , Assistant City Attorney ATTEST: Marty Hendrix City Secretary No M & C Required Conh�act For Teaching Pool Operator's Certiiicate Course BY CONTRACTOR �S . Rob Morgan the Tarrant County, N '��.'�i'�� L�,_� i�I�'�N " � ` �0 i i J;` ;!',' : L `J� �,n ^' „ :.•1 �( � r\7J�� '��Ct� �i�Sll��l�� . :7 � L LL J. � J V :z� \('i . � _ �Pa e�� 8 g POOL CURRICULUM (Must comply with new State swimming pool/spa standards) I. City of Fort Worth Pool Ordinance — "So, what is new?" Brieflv 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 N. 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, Brealcpoint 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 Contract For Teaching Pool Page 9 Operator's Certificate Course POOL CURRICULUM (Must comply with new State swimming pool/spa standards) 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 Marlcings/Flotation Dividers IX. Other Topics as Time Allows — Spring Start-up — Winterizing Facilities — Helpful Hints Conri�act Far Teaching Pool Operator's Certificate Course , T k , � . ; Pag� 10 � arJ��.' „JIs�1, � �: � _ �.� 1 V LI '�.l J'V �: L W �/�l i � i ' ,'-r,?lI ��I�� i � a i� :��:iti�'�i' I'',;;� s 3 Il " a k i_ s. .,�, . .. f ACORD CERTIFICATE OF LIABILITY INSURANCE 4iioi2oo ' PRODUCER (602) 635-4848 FAX: (866) 696-4918 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Peter Godfrey HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR c/o AIMS Insurance Program Managers ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 15230 N. 75th Street, Ste 1002 Scottsdale AZ 85260 INSURERS AFFORDING COVERAGE NAIC # � INSURED INSURER A: Ax'CIl Insurance Com any �'LlI]IJelt POOZS 1.I1C. INSURERB:Ill].AO1.S National 10555 Plano Road INSURERC: INSURER D Dallas TX 75238-1305 INSURERE: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LIMITS TYPE OF INSURANCE POLICY NUMBER DATE MMIDD/YY DATE MMIDD/YY GENERALLIABILITY EACHOCCURRENCE $ 1�000,000 X COMMERCIALGENERALLIABILITY PREMSES�aoNcurr�ence $ lOO,0O0 A CLAIMSMADE � OCCUR ZAGLB9028500 9/27/2006 9�27�20�7 MEDEXP An one erson $ 5� 00� PERSONAL&ADV INJURY $ 1, OOO � OOO GENERALAGGREGATE $ 2 � OOO � OOO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S 2� O O O, O O O X POLICY JEC�T LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT X qNY AUTO (Ea accidenl) $ 1, 0 0 0, 0 � 0 A ALLOWNEDAUTOS ZACAT9025000 9/27/2006 9�2%�ZOOi gODILYINJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accidenl) PROPERTY DAMAGE $ (Per accidenf) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY $ 2, 000, 000 X OCCUR � CLAIMS MADE AGGREGATE $ 2� OOO � OOO $ B DEDUCTIBLE BE0831974 9/27/2006 9�27�2��7 $ X RETEN�fION 10,000 $ j� WORKERS COMPENSATION AND X WC SLATU- OTH- EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACHACCIDENT $ Z�OOO�OOO OFFICER/MEMBEREXCLUDED7 ZAWCI9068400 9/27/2006 9�2i�200% E.L.DISEASE-EAEMPLOYEE$ Z�OOO�OOO If yes, describe under 1, 0 0 0, 0 0 0 SPECIAI. PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS *Except for ten (10) days notice of cancellation for non- payment o£ premium. CERTIFICATE HOLDER City of Fort Worth Fort Worth Public Health Dept. Attn: Elmer DePaula 1800 University Drive Forth Worth, TX 76107 ACORD 25 (2001/08) INS025 (oloa).osa SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 3 O DAYS WRITTEN NOTICE TO THE CERTIF(CATE.HOLDER.NPMED TO THE LEF'I', BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATfON� OR LIABILITY�OFANY KIND UPON THE IIJCIIRFR ITC A!_FNTC (1R RGPRFCFAITATIVFS ' � � ' ' - AUTHORIZED REPRESENTATIVE Peter Godfrey/DB � -; _r�� =� - -- -� O AC�RQ_CORPORATION 1988 Page 1 of 2