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Home My WebLink AboutContract 26955 CITY SECRETARY STATE OF TEXAS § CONTRACT NO. __2 a_ § KNOW ALL PERSONS BY THESE PRESENTS COUNTY OF TARRANT § CONTRACT FOR CURRICULUM PLAN EVALUATOR This Contract is entered into by and between the City of Fort Worth, a home-rule municipality located within Tarrant and Denton Counties, Tei s,�cting through Libby Watson, its duly authorized assistant city manager ("City"), and M ("Teacher"). WHEREAS, the City has created a storm water/wastewater curriculum for the Fort Worth Independent School District; and WHEREAS, the City desires to contract for the services of four secondary education teachers as curriculum plan evaluators; and WHEREAS, Teacher is employed in secondary education by the Fort Worth Independent School District; WITNESSETH NOW, THEREFORE, in consideration of the mutual promises and benefits of this Contract, the City and the Teacher agree as follows: 1. SCOPE OF TEACHER'S SERVICES A. Teacher agrees to provide assistance to City in the review and evaluation of "Pipes to Ponds", a storm water/wastewater interdisciplinary curriculum for the Fort Worth Independent School District, which focuses on water and related scientific and social issues incorporating math, social studies, biology and ecology subjects based on existing Texas Essential Knowledge and Skills (TEKS) requirements for 9`h through 12`h grades. B. Teacher agrees to provide his or her written evaluation to City by completing the evaluation form provided to Teacher by City. Teacher may provide additional comments to City by written form or through email communication. 2. SCOPE OF CITY DUTIES A. The City agrees to designate a City representative or representatives to act as coordinators for evaluation of the curriculum. B. City will be the sole owner of Teacher's evaluation form and comments. C. City's representatives shall maintain final curriculum approval. UIIrU tlw� ��0Q0Do 3. TIME TO START AND TO COMPLETE THE PROJECT Teacher agrees to begin work on the project upon execution of this Contract and to complete all phases of his or her work by August 3, 2001. 4. INDEPENDENT CONTRACTOR City agrees to hire Teacher as an independent contractor, and not as an officer, servant, or employee of the City. Nothing herewith shall be construed as creating a partnership or joint venture between the City and Teacher; and the doctrine of respondent superior has no application as between the City and Teacher. 5. COMPENSATION City shall compensate Teacher at a rate of$20.00 per hour, not to exceed a total of$160 for his or her services under this contract. Teacher will be compensated only for the reviewing and evaluation of the curriculum and curriculum materials. Payment shall be due and payable no later than 30 days after the Teacher submits his or her completed evaluation form. 6. LIQUIDATED DAMAGES If Teacher fails to commence and complete work under this contract within the stipulated time, there shall be deducted from any moneys owing Teacher, or which may become due, the sum of$20.00 per day for each day after the date the project was to be completed, until the project is substantially completed. Such sum shall be treated as liquidated damages and not as a penalty, and City may withhold from Teacher's compensation such sums as liquidated damages. The amount of damage to City for delay in completion of the work is difficult to ascertain and the amount of the liquidated damages per day as stated above is reasonably anticipated pecuniary damages for such delay, and is not a penalty. 7. INDEMNIFICATION Teacher does hereby covenant and agree to indemnify, defend, and hold harmless the City, its officers, servants and employees for any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of, the work and services to be performed hereunder by Teacher, its officers, agents, employees,whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, or employees of the City. 2 RIC8 SIA GSE U D 8. DEFAULT AND TERMINATION A. Teacher shall not be deemed to be in default because of any failure to perform under this contract, if the failure arises from causes beyond the control and without the fault or negligence of Teacher. Such causes shall include but are not limited to acts of God, acts of the public enemy, acts of Government, in either its sovereign or contractual capacity, fires, flood, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. B. City may terminate this contract with or without cause upon ten (10) days prior written notice to Teacher, provided that such termination shall be without prejudice to any other remedy the City may have. Notice shall begin the date it is hand delivered to Teacher or by certified mail. 9. MODIFICATION No modification of this contract shall be binding on Teacher or City unless set out in writing and signed by both parties. 10. GOVERNING LAW AND VENUE The City and Teacher agree that the validity and construction of this contract shall be governed by the laws of the State of Texas. Venue for any action arising under the terms and conditions of this agreement shall lie in the state courts located in Tarrant County,Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 11. SEVERABILITY The provisions of this contract are severable; and if for any reason any one or more of the provisions contained herein are held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforceability shall not affect any other provision of this contract, and this contract shall remain in effect and be construed as if the invalid, illegal or unenforceable provision had never been contained in the contract. 12. RIGHTS AND REMEDIES NOT WAIVED In no event shall the making by the City of any payment to Teacher constitute or be construed as a waiver by the City of any breach of covenant, or any default which may then exist, on the part of Teacher, and the making of any such payment by the City while any such breach or uG�C► !r� u'�11E E,L5 tk G'� default exists shall in no way impair or prejudice any right or remedy available to the City with respect to such breach or default. Any waiver by either party of any provision or condition of the contract shall not be construed or decreed to be a waiver of any other provision or condition of this Contract, nor a waiver of a subsequent breach of the same provision or condition, unless such waiver be expressed in writing by the party to be bound. 13. NOTICES Any bills, invoices or evaluation forms required by this contract shall be sufficient if sent by the parties by United States mail, postage paid, to the address noted below: If to the City: Brian Boerner, Director City of Fort Worth Department of Environmental Management 1000 Throckmorton Fort Worth, Texas 76102-6311 If to the Teacher: Name: -4 1 c/z rL(I-) r /1,r,-t,c�7'1 Address: 3 01 "'Ir- City: ntCity: VG V-� LI1J TX ZIP Code: -7 /2 3 14. ASSIGNMENT Teacher shall not assign, sublet, or transfer its interest in this contract or subcontract any of the work of this contract, without written consent of the City. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the City, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the City and Teacher. IN WITNESS THEREOF, the City and Teacher have executed this contact in triplicate in Forth Worth, Texas. z RT WORTH TEACHER 6'L� 6 4'1r� Libby Watson Signature Assistant City Ma ager Printed Name: Fr ayi ce s g-r o w r) Date: Date: '7- 13 - D t ATTEST: Gloria Pea so Contract Authorization City Secretary, Date APPROVED AS TO FORM AND LEGALITY: r J16Q2Z (qhrKst9L0""Pz Assistant Cit for ey 5 BUT 1p�1�FIT U � o