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Home My WebLink AboutContract 33341 CITY SECRETARY ' CONTRACT NO. State of Texas § Counties of Tarrant § Denton and Wise § CONTRACT FOR TEACHING POOL OPERATOR'S CERTIFICATE COURSE Know all persons by these presents: This Contract 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 Joe Paniagua, its duly authorized Assistant City Manager, and Rob Morgan, owner of Sunbelt Pool Supply, hereinafter called "Owner." 1. Term This Contract commences on April 1, 2006 by both parties and ends on August 31, 2006. 2. Responsibilities of Parties A. Owner shall teach a Pool Operator's Certificate course on each of the following dates: April 13, 2006, May 4, 2006, June 1, 2006, June 29, 2006, July 27, 2006, August 10, 2006, and August 24, 2006. Owner shall provide a Spanish speaking instructor for the June 15, 2006 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. Owner 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 Owner for the classes. This set of teaching materials shall be in addition to teaching materials Owner will provide to each attendee. City agrees that all teaching materials provided by Owner may contain the name, logo, address, and telephone number of Sunbelt Pool Supply; however, City may place a disclaimer Contract For Teaching Pool Page COKI1U;'1 Operator's Certificate Course a 121o-fit �,, on the materials stating that the City does not endorse the products or services of Sunbelt. Owner shall provide each attendee a laminated adjustment chart, and a set of teaching materials on the day of class. C. If Owner is unable to personally teach any of the scheduled classes, Owner 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 Owner. 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 Owner. 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 Owner during each class. G. City shall provide Owner with a certificate for each attendee, prepared in advance. At the end of each class, Owner shall sign and issue a certificate to each attendee who satisfactorily completes the course. Owner shall return any unissued certificates to the City. H. Owner shall promptly deliver to City a list of all persons Owner certifies as pool operators, in accordance with all applicable law and regulations. 3. Consideration In consideration for the services rendered to City by Contractor, City agrees to pay Owner a sum not to exceed three thousand six hundred ($3,600), which is payable upon the completion of this Contract. 4. Independent Contractor A. Owner shall operate hereunder as an independent contractor and not as an officer, partner, agent, servant, or employee of City. Owner 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 Owner's acts or omissions, and the acts or omissions of Owner's employees, servants, and agents. Contract For Teaching Pool Pailg Operator's Certificate Course B. City shall have no right to exercise any control over the selection of Owner's personnel, to staff Owner's operation on any given day or to supervise or regulate Owner'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 Owner. 5. Indemnification Owner shall release, defend, indemnify and hold harmless City and its officers, agents and employees from and against all damages, injuries (including death), claims, property damages (including loss of use), losses, demands, suits, judgments and costs, including reasonable attorney's fees and expenses, in any way arising out of, related to, or resulting from the performance of the work or caused by the act or omission of Owner, its officers, agents, employees, or subcontractors. 6. Termination A. This Contract may be terminated by Owner upon thirty (30) days written notice delivered in person or by certified mail to the City. B. This Contract may be terminated by City, for any reason, upon written notice to the Owner, delivered in person or by certified mail to the Owner. 7. Amendment This Contract may be amended by mutual consent in writing only, in a form executed by each of the parties. 8. Notice Any notice required to be given hereunder shall be given as follows: To City: Thomas S. Caylor, Consumer Health Manager Fort Worth Public Health Department 1800 University Drive Fort Worth, Texas 76107-3405 Contract For Teaching Pool Padii ��;� Operator's Certificate Course To Owner: 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. 9. Venue Should any action, whether real or asserted, at law or in equity, arise out of or under this Contract, venue for said action shall be in Tarrant County, Texas. 10. 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 term or right on any future occasion. 11. 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. 12. Entirety This written instrument constitutes the entire Contract 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. Contract For Teaching Pool Page 4 �, Operator's Certificate Course 3F��vIs=!� In witness thereof, the parties her to have executed this Contract the day, of , 2006, in Fort Worth, Tarrant County, Texas. BY CIT BY SUNBELT POOL SUPPLY Joe paniogua 7.1 Rob Morgan, Owner Assistant City Manager APPROVED AS TO FORM: %A& �. Assistant City Attorney ATTEST: Marty Hendrix City Secretary No M & C Required Contract For Teaching Pool P e 5 Operator's Certificate Course POOL CURRICULUM (Must comply with new State swimming pool/spa standards) 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 � 1'At won 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 Markings/Flotation Dividers IX. Other Topics as Time Allows — Spring Start-up — Winterizing Facilities — Helpful Hints