HomeMy WebLinkAboutContract 54065SECRETARY
i ITRACT NO, , I
PROFESSIONAL SERVICES AGREEMENT BETWEEN
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 Contt•aetor, a professor at Texas
Wesleyan University, to provide child literacy training to City Summer Day Camp employees in
connection with the Reading Instruction Program offered and sponsored by the City; and
WHEREAS, Cbniraetor 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 some services
under a separate contract,
NOW, THEREFORE, for and in Consideration of the mutual covennn#s, promises and
agreements contained herein, the parties hereby covenant and agree as follows:
AGREEMENT
1. SERVICES.
Contractor cflvenants and agrees to provide the curriculum and training program
described in the attached Exhibit "A" and incorporated herein far all purposes incident to this
Agreement (the "Services").
2. TCRM.
Services will be provided on Wednesday, June 24 and Thursday, June ZS, 2020 (the
"Tex•in"}.
3. COMPENSATION,
In consideration of the Services to be performed hereunder by Contractor, the City will
pay Caniractar a total of $3,ti00, 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 Port Worth mid
Dr. Elsa Anderson (Spurts ofi,Iteracy TmivIng Iteviewfor City ofl�ort it✓or-th Summer Comp )✓mpioyees)
Page 1 of 6
4. TF.Ri�1CNAT10N,
Either patty may, without or without cause, canoe I 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 flakes 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. MO1V:��'ORiNG.
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. iNDEYICNllEN"I' CONTRACTOR.
Contractor. shall operate hereunder as an independent contractor and not as an officer,
agent, servant, or employee of the City of port 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. IND�iVIN>[F�CAT�ON.
CONTRACTOR AGREES TO AND SHALL RELEASE CITY, ITS AGENTS',
EMPLDYEEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY
FOR INJURE; DEATH DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED
IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS
AGREEMENT, EXCEPT TO THE EXTENT CA USED BY TILE GROSS NEGLIGENCE OR
INTENTIONAL MISCONDUCT OF THE CITY, ITS OFFICERS, AGENTS, SERVANTS
M EMPLOYEES.
CONTRACTOR COVENANTS AND AGREES TO, AND DOES HEREBY,
INIiEMNIFY, HOLD HA�'MLESS AND .DEFEND AT ITS OWN EXPENSE, THE G'ITY,
ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROMAND AGAINST ANY
AND ALL CLAIMS OR LAWSUITS FOR EITHER PROPERTY DAMAGE OR LOSS
Professional Services Agreement between City ofkart worth and
Ur, Elsa Anderson (Spurts of Literacy Training Review for City af'Fort Worth Sutnnaez• Camp Lmployees)
Page 2 of 6
(INCL �TDING ALLEGED DAMAGE OR LCJSS TO CONTRACTOR'S B USINESS AIVD ANY
RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF ANY "ND OR CHARACTER, WHETHER REAL OR
ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION,
PERFORMANCE, OR ATTEMPTED PERFORMANCE OF THIS CONTRACT AND
AGREEMENT, ANDIOR TIE SERVICES PERFORMED HEREUNDER, EXCEPT TO
THE EXTENT CAUSED BY TILE GROSS NEGLIGENCE OR INTENTIONAL
MISCONDUCT OF THE CITY, ITS OFFICERS A GENTS, SERVANTS OR EMPLOYEES.
This Section shall survive the ex iratian or ternnination o#'this A regiment.
8. ASSTGNMEN�'.
Contractor shall not assign or subcontract all or any par€ ofi: 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. Ci)M�'�,TANCI+; WITi� JC,A'�V.
Contractor, its officers, agents, employees and subcontractors, shall abide by and catnply
with all laws, federal, state and local, including all ordinances, rules and regulations of the City
of Dort 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. NC7►N-DISCRIMINATION.
Contractor, in the execution, pei�ormance or attempted performance of this Agreement,
will not discriminate against any pet•son 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 III,
Division 3, of the City Code of the City of port Worth ("Discrimination in Employment
Practices").
11.. INSURA"NCE,
Contractor shall furnish a certificate of insurance as proof that it has secured and paid for
an auomobile 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.
Professiar�al Services Agreement 9ctvvicen City of Fort �vocth and
br. Elsa Andersen (Spurts oft,iterncy Trttining Review for City oi'I'ort worth Suninter Camp employees)
Page 3 of b
1 Z, 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
North 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 ether 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
Educational Strategy Director
City of Fort Worth
200 Texas St.
Fort Worth, Texas 76102
with copy to City Attorneys Office at
the same address
It is understood and agreed that by execution of this Agreement, the City does not waive
ar surrender any of its governtnentaI powers.
15. NO WAIVER,
The failure of fihe City or Gol2tractar 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.
15. AMENDMENTS/MODIFICATIONS.
Na modification or amendment of this Agreement shall be binding upon a patty hereto
unless such niodifcation, or ainendmeut is set forth in a written instrument, which is executed by
an authorized representative and delivered on behalf of such party.
Professions[ Services Agreement between City of Fort Warth and
Dr. Elsa Anderson (Spurts of Literaey Tsaining Review fbr Ciiy of Port Worth Summcr Camp Empinyeesj
Page 4 of 6
x7. sEvrRABII,ITX.
If any provision of this Agreement is held to be invalid, illegal or uncnforceable, the
validity, legality and enforceability of the remaining provisions shall not in any way be affected
or impaired.
18. TORCE IVIAJEURE.
The City and Contractor shall exet�;ise 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.
fihc 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. ;EIEADINGS 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. COUNTEI�'A.RTS.
This Agreezzzetzt may be executed in one or more counterparts, each of which when so
executed and delivered shah 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 AGREEiYI1CNT.
This
written instrument constitutes the entire agreement by the parties hereto concerning
the work and services to be performed hereunder, and any prior or t;ontemporaneotts, 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
Pro%ssionai services Agreement between City of Fort Worth and
Dr. )lira Anderson (Spurts crfLiteraey Txaining Review for City of I*ort Worth Summex C.anrp Z,mployees}
Page 5 of G
Agreement shall control.
IN WITNESS WHEREOF, the partles hereto have executed this agreement in multiples
in .Dort Worth, Tarrant County, Texas:
ACCEPTED AND AGREEll:
CITY OF FORT WORTH:
�y:
Fernando Cod
Assistant City Manager
Date: G,/23,2�,Ze
DR. ELSA ANDF,RSON:
Mir
Date:
ATTE ATTEST:
B ads(- B L
�flA
M ry Kayser a e. ; —!
City Secretary 'Title:
4
APPROVED AS TO FORM AND LEGALITY:
wj
By:
Peter Vaky
Deputy City
CONTRACT AUTHO1tIZATION:
M&C:, none required
Form 1295 Certification No.: � none required
•' 1
Professional Services Agreement between City ofI�ort Worth and
I7r. Elsa Anderson (Spurts of'rJiteracy Training Review for City oil ort Worth Summer Camp Employees)
Page G of G
Spurts of Literacy Training Review for City of 1=ort Worth Summer Camp Cmpiayees
Scope %J Services Agreement, Exhibit A
June 24 and June Z5, 202U
12:ti0 pm — 4:Ofl pm
By: Dr, l+lsa Anderson, Texas Wesleyan University and Dr, Lisa Dryden, Texas Wesleyan
University
Participants:
City of I*ort Worth Summer Camp Staff
Learnirf� Objectives:
• To provide an educational foundation of research -based best practices for literacy
development in reading and writing
• To instruct participants on the components of balanced literacy, including, phonemic
awareness, phonics, vocabulary development, oral language development, fluency,
comprehension and writing.
• To incorporate writing 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 and activities (through a virtual platform} that
Summer Camp staff can incorporate into their existing programs
Pra�ram Trainine Schedule
• June 24, 2020, 12.00? pm to 4:Oq pm
• June 2S, 202E), J.2:00 pm to 4:C10 pm
Total Number of Hours of Direct Training to City of i"ort Worth Employees = $Hours
Preparation and Planning for Virtual Delivery of Program Review
Estimated 10 hours
• Preparation and planning consist of modifying and adapting the original SPURTS of
Literacy Curriculum developed last year to a virtual delivery
• Highlighting most essential components of SPURTS of Literacy program to provide a
meaningful review
• Creating a virtual training while maintaining the highest level possible for interaction
Expected Outcomes:
• After successful completion afthe S-hour training, participants will gain knowledge of
balanced literacy strategies
• Participants will demonstrate understanding of effective practices far literacy
developmenfi by practicing select activities based an the best practices
• Apply the literacy strategies (earned to their programs in order to increase reading leuels
and further advance toward the city-wide reading goal
• Participants will review the existing notebook containing instructional strategies
Expectations for Summer Camp Staff attending the Spurts of Literacy training
• Daily attendance, from 12:00 prn — 4:i3i7 pm
• Active participation in all activities
• Open mind
• Positive and professional attitude
• $360q -� Dr. Elsa Anderson
• $3600 - Dr. Lisa Dryden
Total Budget = $7200
Deliverables:
� Eight (8) hours of direct virtual training an reading best practices