Loading...
HomeMy WebLinkAboutContract 52295 R�CEIV�p CITY SECRETARY MAY 14 2019 CONTRACT NO. Jr�a 9!'Z_ C1T0Fr0Rr PROFESSIONAL SERVICES AGREEMENT BETWEEN Cln'SECROr Rye THE CITY OF FORT WORTH AND DR. ELSA ANDERSON This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a home-rule municipality organized under the laws of the State of Texas, and DR. ELSA ANDERSON ("Contractor"), an individual. RECITALS WHEREAS, the City wishes to engage the services of Contractor, a professor at Texas Wesleyan University, to provide child literacy training to supervisors, coordinators, staff, and summer camp leaders in connection to youth programs offered and sponsored by the City; and WHEREAS, Contractor has coordinated the child literacy training program and will provide the training services hereunder in coordination with Dr. Lisa Dryden, a fellow professor at Texas Wesleyan University who is contracting with the City to provide the same services under a separate contract; NOW, THEREFORE, for and in consideration of the mutual covenants, promises and agreements contained herein, the parties hereby covenant and agree as follows: AGREEMENT 1. SERVICES. Contractor covenants and agrees to provide the curriculum and training program described in the attached Exhibit "A" and incorporated herein for all purposes incident to this Agreement (the "Services"). 2. TERM. Services will be provided for a period beginning April 11, 2019 and ending June 4, 2019 (the "Term"). 3. COMPENSATION. In consideration of the Services to be performed hereunder by Contractor, the City will pay Contractor a total of $11,750.00, which includes $250.00 for the purchase of training materials. Payment will be made by the City to Contractor in a single, lump sum upon completion of the training program outlined in this Agreement and within 30 calendar days of receipt of an invoice submitted by Contractor. Professional Services Agreement between City of Fort Worth and OFFICIAL RECORD Dr.Elsa Anderson(Literacy Training for After School Providers) CITY SECRETARY Page 1 of 6 F1 WORTH, 4. TERMINATION. Either party may, without or without cause, cancel this Agreement upon thirty (30) days written notice to the other party of such intent to terminate. If the City exercises its right to terminate this Agreement prior to its expiration, Contractor's obligations to the City under this Agreement shall continue until the date such termination actually takes effect. If, on the date of termination, Services have been performed by Contractor but Contractor has not been paid for such Services, City shall pay Contractor a prorated amount for the Services performed up to the date of termination. 5. MONITORING. Contractor covenants and agrees to fully cooperate with City in monitoring the effectiveness of the Services, and City shall have access at all reasonable hours to offices and records of Contractor for the purpose of such monitoring. 6. INDEPENDENT CONTRACTOR. Contractor shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of the City of Fort Worth. Contractor shall have exclusive control of and the exclusive right to control the details of the services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, subcontractors and program participants. The doctrine of respondent superior shall not apply as between the City and Contractor, its officers, agents, servants, employees, subcontractors, or program participants, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. It is expressly understood and agreed that no officer, agent, employee, or subcontractor of Contractor is in the paid service of the City of Fort Worth. 7. INDEMNIFICATION. CONTRACTOR AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT, EXCEPT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE CITY, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. CONTRACTOR COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY, HOLD HARMLESS AND DEFEND AT ITS OWN EXPENSE, THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR EITHER PROPERTY DAMAGE OR LOSS Professional Services Agreement between City of Fort Worth and Dr. Elsa Anderson(Literacy Training for After School Providers) Page 2 of 6 (INCLUDING ALLEGED DAMAGE OR LOSS TO CONTRA CTOR'S B USINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, OR ATTEMPTED PERFORMANCE OF THIS CONTRACT AND AGREEMENT, AND/OR THE SERVICES PERFORMED HEREUNDER, EXCEPT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE CITY,ITS OFFICERS AGENTS, SERVANTS OR EMPLOYEES. This Section 7 shall survive the expiration or termination of this Agreement. 8. ASSIGNMENT. Contractor shall not assign or subcontract all or any part of its rights, privileges or duties under this Agreement without the prior written consent of City, and any attempted assignment of subcontract or same without such prior written approval shall be void and constitute a breach of this agreement. 9. COMPLIANCE WITH LAW. Contractor, its officers, agents, employees and subcontractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of the City of Fort Worth. It is agreed and understood that, if City calls to the attention of Contractor any such violation, then Contractor shall immediately desist from and correct such violation. 10. NON-DISCRIMINATION. Contractor, in the execution, performance or attempted performance of this Agreement, will not discriminate against any person or persons because of disability, age, familial status, sex, race, religion, color, national origin, transgender, gender identity or gender expression. This Agreement is made and entered into with reference specifically to Chapter 17, Article 111, Division 3, of the City Code of the City of Fort Worth ("Discrimination in Employment Practices"). 11. INSURANCE. Contractor shall furnish a certificate of insurance as proof that it has secured and paid for an automobile liability insurance policy covering Contractor's operation of an automobile used for transportation in connection with provision of the Services at minimum limits required by Texas law. During the Term of this Agreement, such insurance shall not be canceled, limited in scope or coverage, or non-renewed, unless thirty (30) days prior written notice has been given to the City of Fort Worth. Professional Services Agreement between City of Fort Worth and Dr. Elsa Anderson(Literacy Training for After School Providers) Page 3 of 6 12. VENUE. Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, or attempted performance of this Agreement, venue for said action shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. 13. NOTICES. Notices to be provided hereunder shall be sufficient if forwarded to the other party by hand-delivery or via U.S. Postal Service certified mail, postage prepaid, to the address of the other party shown below: City: Contractor: Ms. Gleniece Robinson Dr. Elsa.Anderson - Educational Strategy Director, City of Fort Worth 200 Texas St. Fort Worth, Texas 76102 with copy to City Attorney's Office at the same address 14. GOVERNMENTAL POWERS. It is understood and agreed that by execution of this Agreement, the City does not waive or surrender any of its governmental powers. 15. NO WAIVER. The failure of the City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 16. AMENDMENTS/MODIFICATIONS. No modification or amendment of this Agreement shall be binding upon a party hereto unless such modification, or amendment is set forth in a written instrument, which is executed by an authorized representative and delivered on behalf of such party. Professional Services Agreement between City of Fort Worth and Dr. Elsa Anderson(Literacy Training for After School Providers) Page 4 of 6 17. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 18. FORCE MAJEURE. The City and Contractor shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall 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 governmental law, ordinance or regulation, acts of God, acts of omission, fires, strikes, lockouts, national disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 19. CONTRACT CONSTRUCTION. The parties acknowledge that each party and has reviewed and revised, and had the opportunity for legal counsel to review and revise, this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. 20. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 21. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which when so executed and delivered shall be considered an original, but such counterparts shall together constitute one and the same instrument and agreement. Any signature delivered by a party by facsimile or other electronic transmission (including email transmission of a portable document file(pdf) or similar image) shall be deemed to be an original signature hereto. 22. ENTIRE AGREEMENT. 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 agreement, which purports to vary from the terms hereof shall be void. In the event of any conflict between the body of this Agreement and an exhibit attached hereto, the body of this Professional Services Agreement between City of Fort Worth and Dr. Elsa Anderson(Literacy Training for After School Providers) Page 5 of 6 Agreement shall control. IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort Worth, Tarrant County, Texas to be effective as of April 11, 2019: ACCEPTED AND AGREED: CITY OF FORT WORTH: DR. ELSA ANDERSON: By: Fernando Cosa Assistant City Manager Date: ,S+ 8 LI-9 ®� � ate: v' ATTES 'TEST: ITO �. ByWM �n=yser ,L By: Name: City Secretary Title: APPROVED AS TO FORM AND LEGALITY: By:_ Peter Vaky 6-1 Deputy City Attorney CONTRACT AUTHORIZATION: M&C: none required Form 1295 Certification No.: none required OFFICIAL RECORD Professional Services Agreement between City of Fort Worth and CITY SECRETARY Dr.Elsa Anderson(Literacy Training for After School Providers) Page 6 of 6 FT. WORTH,TX Literacy Training for City of Fort Worth Summer Camp Employees Scope of Services Agreement, Exhibit A April 11, 2019—June 4, 2019 By: Dr. Elsa Anderson,Texas Wesleyan University and Dr. Lisa Dryden, Texas Wesleyan University Participants: Supervisors, Coordinators, Staff, and Summer Camp Leaders Learning Objectives: • To provide an educational foundation of research-based best practices for literacy development in reading and writing • To instruct participants on the five components of balanced literacy, including, phonemic awareness, phonics, vocabulary development, oral language development, fluency • To incorporate writing in the context in the context of a balanced literacy program with the understanding that the development of reading and writing skills support one another, and cannot be separated • To provide specific literacy strategies that after school providers can incorporate into their existing programs Program Training Schedule • Offer overview of reading instruction training to CFW Community Center Supervisors o April 11, 2019, 10am — 12pm (2 hours) • Provide direct reading instruction training to City of Fort Worth Community Staff on the following Thursdays: (16 hours) o April 18, April 25, May 2, May 9: 9:OOam — 1:OOpm • Provide direct reading instruction training to City of Fort Worth Community Center staff on the following Fridays: (16 hours) o April 19, April 26, May 3, May 10: 9:OOam —1:OOpm • Provide direct reading instruction training to new City of Fort Worth onboarding summer camp workers June 4, 2019, 8:30am— 12:30pm (4 hours) Total Number of Hours of Direct Training to City of Fort Worth Employees = 38 Preparation and Planning for Program, including compilation and delivery of Handbook Estimated 30 plus hours • Each day participants will be actively engaged in hands-on activities that can be implemented into their existing programs • Participants will be exposed to quality children's literature and various writing connections • Time will be provided for consultations and planning regarding implementation of the strategies into their specific programs Expected Outcomes: • After successful completion of the 4 day training, after school providers will gain knowledge of balanced literacy strategies • After school providers will demonstrate understanding of effective practices for literacy development • Apply the literacy strategies learned into their specific programs in order to increase reading levels and further advance toward the city-wide reading goal • Participants will receive a notebook containing instructional strategies at the end of the training Expectations of School Wide Provider Participants: • Daily attendance, from 9:00— 1:00 • Active participation in all activities • Open mind • Positive attitude BUDGET 1. 38 hours of direct reading instruction to select groups of City of Fort Worth employee to be delivered by Dr. Elsa Anderson and Dr. Lisa Dryden. • $11,500.00— Dr. Elsa Anderson • $11,500.00— Dr. Lisa Dryden 2. Approximately 30 hours for preparation, materials, planning and compilation of the Handbook to be given to each employee attending the training. $500 Total Budget = $23,500 Contract Compliance 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 of Employee/Signature Title ❑ This form is N/A as No City Funds are associated with this Contract Printed Name Signature OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX