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Home My WebLink AboutContract 28510�;��Y ��cR�� C� ��N�'f��C� � a �_�..._.. . Siate of Texas Counties of �'arranf �enton and I�Vise § § § CO{�iRr4CY ��I� T��►Cblhi(3 �OOL OPFFt�aiOR'S C�RiIFICATF C�URS� Know all persons by these presenfis: This Contract for teaching a Pool Operator's Ceriificate course is entered into by and between the Ci#y of Fort Wor�h, a home-rule municipal corporation of the State of Texas, hereinafter cal�ed "City," acting herein hy and through Libby Watson, its duly autF�orized Assistanf City Manager, and Rob Morgan, an indi�idual, hereinafter called "Contractor." 1. Term This Contract commences on April 1, 2Q03 by bath parties and ends on August 3�, 20Q3. 2. Res�onsibilities of Parties A. Contractor shall teach a Pool Operator's Certificate course on each of the following dates: April 10, 2003, April 24, 2003, May 8, 2003, June 26, 2003, Juiy 24, 2003, and August 14, 2003. Contraetor shall pro�ide a Spanish speakir�g instructor for the May 29, 2D03 class s�ecifical[y scheduled for Spanish speaking poollspa operators. The cla�ses shalf be conducted at the Public Health Center, 180D Uni�ersity Dri�e, Fort Worth, Texas, in a classroom pro�ided by City. Each class shalf be a six hour to s[x and one�half hour cours� of instruction, including a w�itten examination, following the curriculum which is attached hereto as Exhibit "A" and incorporated into this Contracf as if set forth at lengfih herein. B. Coniractor shall pro�ide a set of �eaching materials, in English and Spanish, to Ciiy at [east one weelc prior to the first sc�eduled class, in order for City to review anc! approve the materials. City retains the right to reject any materials submifited by Contractor for the classes. This sefi of teaching mafierials shafl be in additian to feaching materials Cantractor will provide to each attendee. City agrees that all teaching materials provided by Coniractor may con�ain the name, [ogo, address, and telephone number of Sunbelt Pool Supply; howe�er, City may place a disclaimer on the materials stat�ng that the City does not endorse the Contract For Teaching Pool Operator's Certificate Course � �� +� rn � -,� products or services af Sunbelt. Contracfor shall provide each attendee a laminated adjustment chart, artd a set ofi �eaching materials on the day of class. C. If Contractor �s unable to personally teach any of the scheduled classes, Cont�actor shall inform the City at least one day prior �o the class, and sha[I provide a substitute teacher with the proper credentia[s to teach the course, subject to the City's appror�af. The City shap ha�e the right #o rejecf any substitute teacher pro�ided by Contractor. D. For each atte�dee, City shall repraduce teaching materials, as described in subparagraph B abov�, which sha[I be made availab�e at the �eginning o� each class. City may add additional materials to those provided by Contractor. E. City shal� advertise tf�e Pool Operator's Certificate course, register attendees, and pro�ide support staff at the beginning of each class for registration. F. City shall pro�ide a room at the Public Health Center, 180Q University Drive, Fort Worth, Texas for each class, and shall provide an overhead projector, VCR, manitors, and drawing board for the use of Confiractor during each class. G. Cify shall pro�ide Cor�tractor with a certificate for each attendee, prepared in ad�ance. At ihe end of each class, Contractor snaff sign and issue a certificafe to each attendee who sat'rsfactorily compfetes the course. Contractor snall return any unissued certificates to the City. H. Con�raetor shall promptly deli�er fio City a list of all persons Con�racfor certifies as pool operators, in accordance with all applicabl� law and regulations. 3. Consideration In consideration for the services rendered to City by Contractor, Cifiy agrees to pay Contractor a sum not to exceed fiwo thousand six hundred twenty fi�e dallars �$2,625), which �s payabCe upon the completion af this Cvntract. 4. fndependent Cor�tractor A. Contracfor shall operate hereunder as an independent contracfior and not as an officer, partner, agent, servant, or employee of City. Contractor shall ha�e #he exclusi�e right to control the details of the wor�C and services performed hereunder, and all persons perForming same, and sha[I be solely liabfe for Contractor's acts ar omissions, and fihe acts or omissions of Contractor's employees, servants, and agents. Contract For Teaching Pool Operator's Certificate Course ��:�z!,. , I, � � , B. City shall have no right to exercise any control over the selection of Confractor's personnel, to staff Contrac�or's operation on any given day or to superuise or regulate Contrac#or's personnel in any way. C. The docirine of Respondeat Superior shall not apply as befween the parties, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. 5. Indemnification Con�ractor sha[I release, defend, indemr�ify and nold harmless City and its officers, agents and empfoyees firom and againsfi all damages, injuries {including death}, cla�ms, pro�erty damages (including loss of use), losses, demands, suits, judgments and costs, including reasonable attorney's fees and expenses, in any way ari�ing out of, related to, or resulting f�om the performance of the work or caused by fhe act or omissio�n of Contractor, its officers, agents, employees, or subcontractors. 6. Termination A. This Contract may be terminated by Contractor upon thirty (3�) days wri#ten notice defi�ered in person or by certified mail to the City. B. This Con#ract may be terminated by City, for any reason, upon written notice to the Contractor, del�vered in person ar by certified mail to the Contractor. 7. �mendment This Con#ract may be am�nded by mutual consent in writing onfy, in a form executed by each of the parties. S. Naiice Any notice required to be given hereunder shall be given as follows: To City: Thomas S. Caylor, Interim Consumer Health Manager Fort Worth Pubfic Health Deparimen� 1500 University Dri�e Fort Warth, Texas 76107�3405 To Contractor: Contract For Teaching Pool Operator's Certificate Course ��'� - ... �)1 � . � ;I �. '- � � Rob Morgan Sunbelt Pool Supply 105�5 Plano Road Dallas, Texas 75238-13Q5 or to any o�her persons the parti�s may from time-to-time stipu[ate. 9. Venue 5hould any action, whefiher rea[ or asserted, at law or in e��iiy, arise out of or under this Cvntract, �enue fvr 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 conf�rred sha[I not be construed as a wai�er or relinquishment to any ext�nt of City's right to assert or rely upon any such term or right on any future occasion. 91. Se�erabilitv In case any ane or more of the provisions con�ained in this Contract shall, far any r�ason, b� held in�alid, illegal, or unenforceable in any respect, such in�alidi#y, illegality or unenforceabiiity sha[I not aff�ct any other provision of this Contract, and such Contract shall be construed as if such invafid, illegal, or unenforceable provision had never been contained herein. 12. Entiretv This written instrum�nt constitutes the entire concerning the work and services to be per�orme con�empora�eo�s oral or written agreements which hereof shall be vaid. Contract Far Teaching Pool Operator's Certificate Course Contract by the parties hereto d hereunder, and any prior or purport to vary from th� ��rms _ . P,�� 1 � « iISl51Vr"v�aU � � �� In�w'f e�s thereof, �he p'es hereto a�e executed this Contract the U day of , 20Q3, in Fort Worth, Tarrant County, Texas. �Y CIiY �~ /�- _ _�,.�. �,�J�,� -i �,- � , i L ` � �. Libby Watson ' Assistant City Manager �Y C�RliR�CiOR � � I Rob M rgan �►P�FtOVEI� �►� �O �0��: � � � - ��,� � � Assistant City Atfiorney �%fi�ST: ; � . .. Gloria P�arson Cify Secretary No IVY & C Fteauired Contract For Teaching Poo1 Operatar's Certificate Course .. �tE� �USU � `��I ��I��`�S� �n ., POOL CiTRRTCULUIVI {Must comply with new State swimming ppollspa stan,dards} I. City of Fort Worth Pooi Ordina�n.ce — °`So, what is n�w?" Briefl� II: Swiz�uning Pool Ca�cula�ions — Calculating Pool Capacify (Foo1 Vo�ume) — Calculating User Load — Detern�ining Flow Rate �I. Filters and Filtration — Water Glarity — Turnaver Rate, Filter Mec�ia — T�es of Filters IV. Pool Recirculation Equiprnent — Water Distributzon — �ecirculation EquipznentlFunctions -- 1'ipir�g, Valves � Pressure Gat�ges, Flow Meters — How to Int�rpzet V. Water Chen�.istry — C�lorination: Sanitatzon, Oxidation, Superchlorination, Combined Chiorine,. Breakpoi�t Ch�orination, Effects oipH on Chlarine ` — Nan-Ckal.arine Oxidzzers — Ot11er Pool ChernicaIs: Flocculants, Algicides, Degreasers, Defoamers, � Cyaz�wric Acid , — Chernical Balancing: Unders�anding pH, Ca�tral afpH, Total Alkalinity, Understanttiiig a�d Controlling Calcium Harc�ness VI. Pool VTatez Testing _ � — Testing for Chlorine, D.P.D. Met�od (Free Availab�e Chiorine Test, Total Chlorine Tes#, Combined Chlorime Calculation) -� Testing pH: Solution Nleihvd, Tablet Metliod — Testing Hardness: �'oial and Calcium Hardness -- Testing Total Alkal�nity -- Testing Cyaxxuric Acid a �� '�C�L CURKYCULUNI (M�.��t comply with new State swi.zxumuag poollspa standards) VII. Spas, Hot Tubs, and Therapy Pools — Bather Load � — � A1kalinity, Water Hardness, Temperatuxe � — Recirculation, Turnover Rate — Drazn and Drain Covers VI�I. Dis�ase and Accident -- Pool Wate:r As a Potential Disease Carrier -- Disease Prevention — Accident Prevention {Safety Hazards and Safety Equipment) — De�ath Marking�/Flotation Dividers IX. Oiher- Topic� as Time Allows -� Spring Start-up — Winterizing Facilities — Help�ul Hints