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HomeMy WebLinkAboutContract 41983 ti CITY SECRETARY CONTRACT NO Lq$3 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 Intern(s) 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 intern(s) 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 intern(s) 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 intern(s) 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 rocedur f h of Fort Worth. The City of Fort Worth will notify the Society of Munici a� IG�i��s�fy all disciplinary actions of the intern. CITY SECRETARY FT WORTH, TX Page I of 5 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 intem(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 intem(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 intem(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. Nagc 2 of 5 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, the parties hereto have executed this agreement this da of , 2011. Y CITY OF FORT WORTH: SOCIETY OF MU CIPAL A ORISTS By: Sus y ager anis, Assistant City Man By. �� %�� Date: �y 0 A iJ a ' cti ATTEST: pia / \ � A By: Marty Hendrix, City Secretary APPROVED " TO FORM AND LEGALITY: BY: 1 Denis c lroi, ssistant City Attorney M&C G-17289 FFT. L RECORD CRETARY RTH, 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 interns, volunteers, or agents thereof) are expected to treat City employees with respecto and ato conform to the workplace standards of conduct as City employees. ame 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", "honev", "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. Page 4 of'5 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. C Name(print) T� 4 OFFICIAL RECORD re CITY SECRETARY Date z c. i l _ : WORTHr TX Pagc 5 of 5 _ ~ M&C - Council Agenda Punc l of � ��iV�� ��« �~��rt ��'��rt��, T����a�� �� ^ Mayor Council Communication ��� N��N������Nr ����00 ��,��NN����NN ��,����� ���| NN��N�~�� �N���� .~.�� ]� n�'m ��mm �~ ~~ m�'�wmm��m. �~ ��mmmmmm ��mmm�����m~wrmm ~ COUNCIL ACTION: Approved on 6/7/2011 -Ordinance N«». 19709-06-2011 DATE: Tuasdoy, June 07. 2011 REFERENCE NO.: °°G'17289 LOG NAME: 808UK8K8ER|NTERN SUBJECT: 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, VVoiva 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 Arboriutu for the purpose of hiring on 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 8an/icao Department(PACGO) in preparing o grant application for the Municipal Forestry Internship Prognonn, which in jointly administered by the Society of Municipal Arborioto. the USDA Forest Service Urban @ Community Forestry Pvognam, and the Texas AgriLife Extension Service. 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 and of the internship program, the City will be reimbursed the full cont of the salary by the Society of Municipal Arborintn. but the indirect costs will remain unpeimburned and will nan/e as the City's match for the grant. This program will benefit ALL COUNCIL DISTRICTS. FISCAL INFORMATION /CERTIFICATION: The Financial Management 8an/ioen 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 budgat, as appropriated, of the Grants Fund. FUND CENTERS: TO FmmdWkmmownVCmnhmmm FROM Fund/Account/Centers GR76 488828 0004844703000 $4.80000 bttp://appo.cfwnc1.ore/eoouuoU/nrio1noc.oap?id~~l52338tprin1~~1ruc&DocTypc=Priut 7/11/2011 M&C - Council Agenda Page 2 ot-2 GR_76. 5jVARI0.US) 08049.4473XXX $4,800.00 CERTIFICATIONS: Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Richard Zavala (5704) Additional Information Contact: Richard Zavala (5704) ATTACHMENTS 1. 80SUMMERINTERN A011.doc (Public) http://apps.cfwnet.org/ecouncil/printmc.asp?id=15233&print=true&DocType=Print 7/11/2011