HomeMy WebLinkAboutContract 41983 (2)CITY SCCRETARI` .
CONTRACT NO.,�
AGREEMENT
For the Employment of a Urban/Community Forestry Intern between the City of Fort
Worth and the Society of Municipal Arborists (SMA)
Purpose
The purpose of this agreement is for the City of Fort Worth to provide the selected
Urban/Community Forestry intern(s) a broad exposure to all functional areas of
urban/community forestry.
Agreement Term
The agreement duration shall be ten (10) weeks, beginning June 8, 2011, and ending
approximately on August 16, 2011.
Selection Process
SMA will manage the recruitment and selection process of the Urban/Community Forestry
intern(s) in accordance with all federal/state labor laws.
Classification of Selected Interns)
The selected intern(s) will be required to submit to all employment -related background checks
that are required by the City of Fort Worth for City employees and to sign any associated
releases.
The selected interns) will be classified by the City as temporary, contract labor. No selected
intern(s) may provide more than 1040 hours of work to the City.
The selected interns) will be required to adhere to the City's personnel rules and regulations.
The selected intern(s) will be required to sign a written statement acknowledging the City's
harassment -free workplace policy and agreeing to adhere thereto. A copy of the City's current
policy and a sample written statement are attached to this Agreement as Exhibit "A."
The selected interns) will be responsible for providing his/her own transportation to and from
the job site.
Evaluation
The City of Fort Worth agrees to submit to the SMA an evaluation of assigned intern at the end
of June/beginning of July; at the end of July/beginning of August; and by the end of August.
Disciplinary Action
The City of Fort Worth reserves the right, at its discretion, to conduct necessary disciplinary
actions, up to and including termination of the employment, of the intern in accordance with the
personnel policies and procedures of the City of Fort Worth. The City of Fort Worth will notify
the Society of Municip4al _. t_i s all disciplinary actions of the intern.
CUT SECRETA
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Salary and Benefits
The intern will be paid a salary of Twelve Dollars ($12.00) per hour.
The City of Fort Worth shall maintain accurate attendance and payroll records for each selected
intern. All time sheets will be signed by the intern and the City supervisor. Selected intern(s)
will only be paid for ACTUAL WORK TIME attending employment and training activities.
No sick leave holidays, lunch time, annual leave for absences or non -worked hours will be paid
to the selected intern(s). Unless otherwise specifically required under this agreement the
City of Fort Worth will not be required under any circumstances to pay any compensation,
tax, retirement, healthcare, or other benefit or compensation to, for, or on behalf of any
selected intern.
Insurance and Liability
The City of Fort Worth will provide liability and worker's compensation coverage in accordance
with Texas law for any actions of or injury to the intern(s) that occurs in the course and scope of
their employment with the City of Fort Worth, pursuant to the terms and conditions of the City's
self -funded worker's compensation program and excess -coverage insurance policies and
pursuant to the limitations of the State of Tort Claims Act and other applicable law. The SMA
assumes no liability for the actions of the Urban/Community Forestry intern when said intern is
working under the guidance and direction of the City of Fort Worth.
Method of Payment
The SMA agrees to reimburse the City for the salary paid to the intern(s). At the end of the 10
week appointment, the City of Fort Worth will originate a detailed invoice to the SMA showing
hours worked by date with supporting paperwork in the form of signed time sheets.
Termination
This agreement shall be terminated when the Urban/Community Forestry intern ceases to be an
employee of the City of Fort Worth or has reached the 10-week period of employment The
agreement may also be terminated by the mutual consent of both the City of Fort Worth and
SMA. If the SMA fails to perform properly its obligations under this agreement or violates any
term of this agreement, the City of Fort Worth shall have the right to terminate this agreement
immediately and receive payment for any expenses accrued for employment of said intern up to
and including the date this agreement is terminated.
TERMS AND CONDITIONS
The City of Fort Worth shall provide all necessary equipment and resources to perform the duties
required as assigned by the City Forester.
The City of Fort Worth will not be responsible for any expenses incurred by the
Urban/Community Forestry Intern including, but not limited to, costs associated with travel to
city for initial employment, travel to work site from home, and living expenses while working
for said city.
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The City of Fort Worth is not bound by this agreement until it is approved by the appropriate
City official(s) indicated on the signature page of this agreement.
This agreement may be modified only by a written amendment which has been executed and
approved by the appropriate parties as indicated on the signature page of this agreement.
No person on the grounds of disability, age, race, color, religion, sex, national origin, veteran
status, or any other classification protected by Federal and/or state constitutional and/or statutory
law shall be excluded from participation in, or be denied benefits of, or be otherwise subjected to
discrimination in the performance of this agreement. The City shall, upon request, show proof of
such non-discrimination.
Both parties shall comply with all applicable Federal and State laws and regulations in the
performance of this agreement.
IN WITNESS WHEREOF, theparties hereto have executed this agreement this dayof
g
Av\I , 2011.
CITY OF FORT WORTH:
By:
Sus
/
Apianis, Assistant City Manager
Date: Co 1131 11
ATTEST:
Marty Hendrix, City Secretary
SOCIETY OF MU
By:
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APPROVED(A2 `TO FORM AND LEGALITY:
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By: Al
Denis
lro,Y ssistant CityAttorney
M&C G-17289
Ooo oOPtn?' %at, 4.
1
ICIPAL ARJORISTS
OFFICIAL RECORD
CIn' SECRETARY
FT. WORTH, TX
•
Page 3 of 5
Exhibit A
HARASSMENT -FREE WORKPLACE
It is the policy of the City of Fort Worth to treat all individuals with respect.
Employees have the right to work in an environment that is free of conduct that is harassing or inappropriate. No employee
shall be subjected to unsolicited and unwelcome sexual, ethnic, racial or religious overtures or conduct, either verbal or
physical by any persons while engaged in legitimate city business. No employee shall encourage or condone such overtures
or conduct, either verbal or physical. Any employee who engages in perpetuates or condones inappropriate behavior shall be
subject to disciplinary action Likewise, any persons conducting business with the City (contractors, vendors, citizens,
interns, volunteers, or agents thereof) are expected to treat City employees with respect and to conform to the same
workplace standards of conduct as City employees.
Employee's Responsibilities — It is the responsibility of each employee of the City of Fort Worth to engage in and promote
workplace behaviors that create and maintain an environment of respect and that promote effective teamwork. It is likewise
the responsibility of each employee to report those behaviors that damage this environment especially those of a harassing
nature.
Manager's and Supervisor's Responsibilities — Managers and supervisors have a greater responsibility, not only to model
respectful, professional conduct at the workplace, but also to maintain an environment of respect and effective teamwork in
their work areas. Managers and supervisors should monitor the workplace for inappropriate behavior and must immediately
report all incidents of harassing behavior to the Human Resources Department.
All allegations of harassment will be investigated and all findings, decisions, and recommendations will be made on an
individual case -by -case basis. Appropriate disciplinary action will be taken when the findings warrant such action.
Allegations of harassment shall be dealt with in strict confidence and any serious breach of confidentiality will result in
disciplinary action.
No employee shall be retaliated against for filing a complaint, participating in an investigation, reporting an alleged violation
or opposing any action which is believed to constitute a violation of this policy. Disciplinary action will be taken against any
employee who engages in retaliatory actions.
Inappropriate Conduct
Horseplay, pranks and any other inappropriate, non -work related behaviors are strictly prohibited. Jokes (verbal, electronic,
printed or in any other medium) that demean people (individuals) or have sexual racial, ethnic or religious themes are
inappropriate in the workplace.
This policy prohibits behaviors that may not reach the level of harassment as defined in the City's "Harassment -free
Workplace" policy, but are nonetheless inappropriate in the workplace. Such behavior includes bringing sexually explicit
pictures, photographs, cartoons or objects to the workplace; repeated requests for dates, sexual bantering, jokes or teasing•
sexual innuendoes, gestures or leers, obscene, profane or abusive language; terms of endearment such as "doll", "honey"
"sweetheart" or "babe" sending sexual racial, ethnic, religious jokes, cartoons, etc. on e-mail, faxes, etc.; and, using racial
ethnic or religious slurs or demeaning comments.
Appropriate disciplinary action will be taken when violations of this policy occur.
Harassment in the City's Workplace is Prohibited.
Offensive material and conduct of a sexual, racial, ethnic and religious nature are prohibited from the workplace.
NO ONE HAS TO STATE THAT HE OR SHE IS OFFENDED. The material and conduct are prohibited per se, even if
no one complains.
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Here are some examples:
• Jokes
Do not make jokes that are demeaning to a group of people based on race, gender, nationality, beliefs/religious practices,
disability or age. Avoid jokes that are of a sexual nature. Do not copy and distribute jokes of this type.
• Electronic Mail
E-mail is to be used for business purposes. Do not use e-mail to correspond with personal, long-distance friends. Do not
send harassing material over the e-mail.
• Faxes
Do not send or receive harassing material over City fax machines.
Singing telegrams
Photographs in the work area
Work area includes a City vehicle. Even family photographs can be prohibited, if they are sexually suggestive.
• Touching
Never touch another co-worker in a sexual manner. Avoid repeated touching of employees, even if the repeated touching is
not intended to be in a sexual manner.
•
•
Gestures
Sexual paraphernalia
Sexual or racist publications
Do not receive sexually or racist oriented publications or advertisements at work.
• Gossip and personal experiences
Do not discuss personal sexual experiences at work. Do not encourage others to do so.
• Sexually -oriented entertainment
City employees sometimes have parties to commemorate retirements, birthdays, and other occasions. Do not have sexually
oriented entertainment, such as dancers, videos, decorations, or party favors,
• Sexual advances
Do not make sexual advances toward other employees.
I have read and I understand the City expects me to engage in and promote workplace behaviors that create and maintain an
environment of respect and that promote effective teamwork.
Ctto Cu kiuttipcAL
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Date
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OFFICIAL RECORD
(CITY SECRETARY
'rY WORTH„ 1fw
Page 5 of 5
M&C - Council Agenda Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/7/2011 - Ordinance No. 19709-06-2011
DATE: Tuesday, June 07, 2011 REFERENCE NO.: **G-17289
LOG NAME: 80SUMMERINTERN
S UBJECT
Authorize Application for and Acceptance, if Awarded, of a Grant from the Society of Municipal Arborists in
the Amount of $4,800.00 for a Forestry Summer Intern, Waive Indirect Costs and Adopt Appropriation
Ordinance (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to apply for and accept, if awarded, a grant in the amount of $4,800.00
from the Society of Municipal Arborists for the purpose of hiring an Urban Forestry Intern for Summer
2011
2. Waive imposition of any indirect costs as part of the City of Fort Worth's in -kind match to this grant; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by $4,800.00 from available funds, subject to receipt of the grant.
DISCUSSION.
The Parks and Community Services Department (PACSD) is preparing a grant application for the
Municipal Forestry Internship Program, which is jointly administered by the Society of Municipal Arborists,
the USDA Forest Service Urban & Community Forestry Program, and the Texas AgriLife Extension
S ervice. The primary objective of this internship program is to provide an undergraduate college student
with hands-on experience alongside practicing municipal forestry professionals.
The intern will work for 10 weeks at a salary of $12.00 per hour. The City of Fort Worth will provide liability
and worker's compensation coverage for any actions of or injury to the intern that occurs in the course and
scope of employment subject to the limitations of Texas law and will initially pay the intern's salary. In
addition the City will provide all necessary equipment and resources for the intern to perform the duties
assigned At the end of the internship program, the City will be reimbursed the full cost of the salary by the
S ociety of Municipal Arborists, but the indirect costs will remain unreimbursed and will serve as the City's
match for the grant.
This program will benefit ALL COUNCIL DISTRICTS.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations
and receipt of the grant, and adoption of the attached appropriation ordinance, funds will be available in
the current operating budget, as appropriated, of the Grants Fund.
FUND CENTERS:
TO Fund/Account/Centers
GR76 488928 0804944703000
$4,800.00
FROM Fund/Account/Centers
http://apps.cfwnet.org/ecouncil/printmc.asp?id=15233&print=true&DocType=Print 7/11/2011
M&C - Council Agenda Page 2 of 2
GR76 5 (VARIOUS)080494473XXX $4,800_0.0
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
1. 80SUMMERINTERN AO11.doc (Public)
Susan Alanis (8180)
Richard Zavala (5704)
Richard Zavala (5704)
http://apps.cfwnet.org/ecouncil/printmc.asp?id=15233&print=true&DocType=Print 7/11/2011