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Home My WebLink AboutContract 47501 COMACT INTERLOCAL COOPERATION CONTRACT THE STATE OF TEXAS COUNTY OF Tarrant THIS CONTRACT AND AGREEMENT is entered into by and between the governmental agencies shown below as contracting parties,pursuant to the authority granted and in compliance with the provisions of"The Interlocal Cooperation Act,"Texas Government Code,Chapter 791. WHEREAS, each party, in performing governmental functions or in funding the performance of governmental functions, shall make that perFormance or those payments from current revenues legally available to that party;and WHEREAS, each party finds that the performance of this Agreement is in the common interest of the parties, that the undertaking will benefit the public interest and is made for a public purpose, and that the division of costs fairly compensates the performing party for the services or functions under this Agreement_ NOW,ITIEREFORE, in consideration of the mutual promises and agreements contained herein, the parties to this Agreement mutually agree to the following: I. CONTRACTING PARTIES: City.of Fort Worth("COFW") North Central Texas Council!of Governments("NCTCOG") IT. STATEMENT OF SERVICES TO BE PERFORMED: COFW will deliver to NCTCOG, one Structural Collapse Technician 1 &2 course, a classroom and simulation based course, during the period of January 1, 2016 through December 31,2016 at a mutually agreed upon date and location. COFW will: • Ensure that the maximum number of students will not exceed forty-two (42). • Provide instructors for classroom delivery and practical hands-on exercises. • Provide a TCFP licensed coordinator of record For this course and ensure instructional quality control. • Maintain authority of class instruction at the site. • Proper orientation to instructors and students prior to the beginning of the program. • Provide access to COFW facilities necessary for completion of the course with a signed liability release. Page 1 of 5 • Provide a copy of course roster, sign-in sheet, and course curriculum to NCTCOG. • Provide certificates of completion and/or certificates of participation in conjunction with TCCD upon successful completion of the course to the Training Officer. NCTCOG will provide: • Registration support as-needed. • Logistical support as-needed. • Support and oversight of student scheduling and attendance. III. BASES FOR CALCULATING REIMBURSABLE COSTS: NCTCOG shall pay COFW for instructional services in an amount not to exceed Twenty--One Thousand and 00/100 Dollars($21,000.00). IV.CONTRACT AMOUNT: The total amount of this Contract shall not exceed: TwerioL-One Thousand and 001100 Dollars($21.000.001 V.PAYMENT FOR SERVICES: NCTCOG has been awarded a giant from the State of Texas Office of the Governor,_Homeland Security Grants Division (OOG)for the funding of this training. NCTCOG will remit payment to COFW upon receipt of payment under the grant from OOG. Services performed shall be billed lump sum upon completion. VI.TERM OF CONTRACT: This Contract is to begin on the January 1,2016 and shall terminate December 31,2016 VII_ CONTRACT EX'T'ENSIONS: No extensions, VIII. CONTRACT TERMATIONS: Either party may terminate this agreement any time upon seven (7) days written notice to the other party to the termination of service. In the event of early termination, the NCTCOG shall only be liable for payment of services performed prior to termination. Page 2 of IX. CONTRACT AMENDMENTS: This Agreement may be amended by written application-from one party to the other and written concurrence by the responding panty. X. CONTRACT CONTACTS: Fort Worth Fire Department North Central Texas Council of Governments Attn: Tony Blythe Attn: Brent Archer Captain Emergency Preparedness Specialist 1000 Cherry Street P_O.Box 5888 Fort Worth,TX 76102 Arlington,TX 7650.05 Phone: 817-392-6959 Phone: 817608-2311 Email:tony.blythe@fortwoi-tlitexas.gov fortwoi-thtexas.gov Email: barcher@nctcog.org nctcog.org Notice under this contract shall be deemed delivered upon mailing of the written notice through the United States Postal Service or sending through an overnight carrier to the following addresses: Fort Worth Fire Department North Central Texas Council of Governments Attn: Fire Chief Attn:Molly McFadden 505 W.Felix 616 Six Flags Drive, Centerpoint 11 Fort Worth, TX 76115 Arlington,TX 765005 With a copy to: City Attorney City of Fort Worth 1000 Throckimi-ton Fort Worth, TX 76102 XL AUTHORIZATION: COFW and the NCTCOG represent that each is independently authorized to perform the functions contemplated by this Agreement. XII.MISCELLANEOUS 1. Limitations of Authot'ity: A.No party has authority for and on behalf of the other party except as provided in tills Agreement. No other authority, power, partnership, or use of rights are granted or implied_ It is expressly understood that the employees, methods, and facilities of the City shall at all times be under its exclusive jurisdiction, direction and control. It is- under sunder that the employees, methods, and facilities of the NCTCOG shall at all times be under its exclusive jurisdiction, direction and control. Page 3.of 3 B.This Agreement represents the entire Agreement by and between the parties and supersedes all previous letters, understanding; or oral agreements between the City and NCTCOG. Any representations, promises, or guarantees made but not stated in the body of this Agreement are null and void and of no effect. C.No party may make, revise, alter, or otherwise diverge from the terms, conditions or policies which are subject to. this Agreement without a written amendment to this Agreement. Changes to this Agreement are subject to the approval of the City and TCTCOG. A.No party may incur any debt, obligation, expense, or liability of any kind against the other party without the other party's express written approval. Z. ApplicableLavw,, This Agreement and all materials and/or issues collateral thereto shall be governed by the laws of the State of Texas applicable to contracts made and performed entirely therein. 3. Venue: Venue to enforce this Agreement shall tie exclusively in Tarrant County,Texas. 4. Severablli!y: If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other party of this Agreement are for any reason held to be invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants conditions or any other part of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 5. Authorization: The undersigned officers and/or agents are properly authorized to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other party that any necessary resolution or actions extending such authority have been duly passed and are now in full force and effect. 6. Right to Audit: NCTCOG agrees that the City shall, un it the expiration of three (3) years after termination of this Agreement, have access to and the right to examine any directly pertinent books, documents,papers and records of NCTCOG involving transactions relating to this Agreement. NCTCOG agrees that the City shall have access during normal working hours to all necessary NCTCOG facilities and shall be provided adequate and appropriate workspace in order to-conduct audits in compliance with the provisions of this section. Tile City shall give NCTCOG reasonable advance notice of intended audits. The City shall be responsive for its own costs in conducting an audit. Page 4 of 5 THE UNDERSIGNED CONTRACTING PARTIES do hereby certify that: (1) the services specified above are necessary and authorized for activities that are properly within the statutory functions and programs of the affected agencies of Government,and(2)the services,materials or equipment contracted for are not required by Section 21 of Article XVI of the Constitution of Texas to be supplied under contract given to the lowest responsible bidder. The undersigned parties bind themselves to the faithful performance of this contract. City of Fort Worth North Central Texas Council of Governments Name: V a t6 I c �"��l VIS A"1 Name: Mil s land Signature: (.:.� �- Signature Title: S I ci '7 P Iw 1 K Y-✓_ Title: Executive Director Date: Nit,I se Date �ORr �/ r2-9 2 Page 5 of 5