HomeMy WebLinkAboutContract 44940 CITY Mc
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CONTRACT
VEHICLE REPAIR AND MAINTENANCE 'UPPLY PROGRAM
INTERLOCAL AGREEMENT BETWEEN
THE CITY of FORT WORTH
and
THIS INTERLOCAL AGREEMENT (hereinafter referred to as "Agreement") is made and
entered into by and between the City of Fort Worth (hereinafter referred to as "the City") and
Tarrant County College District hereinafter referred to as "TCCD ") pursuant to the authority
granted in compliance with section 29,908 of the Texas Education Code,,
WHEREAS, the Teas Government Code, Chapter 791, the "Interlocal Cooperation Act,""
authorizes local govern-rent entities to enter into interlocal contracts for goverru-ental.
purposes-,
WHEREAS, the parties to this Agreement desire to establish a vehicle Repair and
Maintenance Supply Program that allows the City to deliver various types of vehicles to the
TCCD automotive an,d Collision Programs to train students to be highly spilled employees of
the future-.
WHEREAS, under this Agreement, the parties agree to follow the agreed upon guidelines of
City and TCCD in providing the TCCD Automotive and Collision Programs with sufficient and
up-to-date vehicles specifically to enhance student learning;
WHEREAS, this initiative will prepare college students for successful career and educational
futures through a variety of male and model vehicles to help improve student awareness and
experiences and
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,AS, 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 that the division of costs
fairly compensates the performing party for the services or functions under thin Agreement.
NOW, THEREFORE, the parties to this Agreement mutually agree to the following:
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SECTION 1.
GOVERNANCE.
City and TCCD will operate within reasonable operating hours established from the collaboration
between the TCCD department chair C and the pity.
SECTION 2.
DUTIES.
A. TCCD shall have the following duties:
1. Coordinate with the City to arrange drop-off and pick-up of City owned vehicles;
2. Coordinate with the City to receive City owned vehicles Faith repair needs that align
with the current standards and skills being taught at that time,
3. Monitor the classroom to ensure that the vehicle is in the same physical condition
prior to delivery to the campus;
4. Maintain a copy of the Sublet Form, Work Order, and running log to nt all
vehicles delivered to the shop and returned to the City,,
5. Properly secure City owned vehicles inside the automotive shop;
+ . Report all incidents involving city vehicles, including theft and vandalism, to the
City;
Report all incidents involving city vehicles, including theft and vandalism, to the campus
and TCCD administration. TCCD will follow the TCCD policies and procedures in
place for they and vandalism; and
B. The City shall have the following duties:
1.. Submit a work order and diagnosis to the campus for each vehicle delivered.
2. Bear financial responsibility for the transportation of vehicles to and from the TCCD
campuses.
3. Coordinate with TCCD to arrange the drop-off and pick-up vehicles.
4. Coordinate with the TCCD to deliver vehicles with repair needs that align to the current
standards and shills being taught at that time.
5. Supplying the necessary parts and tools, needed for the repair of the vehicles, including
reasonable replacement of stolen or vandalized parts.
C. Media and public relations regarding the Automotive Loaner Program will be managed
according to the City and TCCD protocols.
SECTION 3.
INDEMNIFICATION.
To the extent permitted under -Texas law and without waiving any defenses including
Interlocal Agreement
Vehicle Repair and Maintenance SUpply Program
CFW and TCC
govemmental immunity, each party to this Agreement agrees to be responsible for its own acts
of negligence, which may an,se in connection with any and all claims for damages, costs and
expenses to person(s) and property that may arise out of, or be occasioned by, this Agreement
or from any act or omission of any employee or invitee of the parties to this Agreement, The
provisions in this paragraph are solely for the benefit of the parties to this Agreement and are
not intended to create or grant any rights, contractually or otherwise, to any third party.
SECTION 4.
TERM.
Subject to prior termination or revocation of this Agreement, as provided in Section 7 of this
Agreement, the initial term of this Agreement is in full force and effect beginning with the date
of final execution by all parties and ending August 3 1, 2015. It may be renewed for fl-tree (3)
one year terms. At least one hundred twenty (120) days before the expiration of the initial term
and any subsequent renewal terms, the City and TCCD shall review this Agreement and may
renew this Agreement on approval of the governing bodies of the City and TCCD.
SECTION 5.
RIGHTS OF TERMINATION,
Any party may terminate this Agreement with or without cause on 120 days' written notice to
the other parties. Termination may occur immediately upon the breach of this Agreement by
either party. A breach of this Agreement 'Includes, but is not limited to, a violation of the
policies and rules of the City or TCCD, the making of a misrepresentation or false statement by
any of the parties, repeated vandalism or theft involving City owned or leased vehicles and/ r
City-supplied parts, or the occurrence of a conflict of "interest between the parties. The
aggrieved party shall have thirty (30) calendar days following written notice to cure, a. just or
correct the problem to the standard existing prior to the breach. If the breaching party falls to
cure the breach within such time period, the aggrieved party shall have the right to terminate
this Agreement immediately.
SECTION 6,
ASSIGNMENT,
No party may assign their interest in the agreement without the written permission of the other
parties.
SECTION 7.
LIMITATIONS OF AUTHORITY.
A. No party has authority for and on behalf'of the others except as provided in this Agreement.
No other authority, power, partnership, use of rights are granted or implied.
Interlocal Agreement
Vehicle Repair and Mai.ntenance Supply Program
C and TCCD
B. This Agreement represents the entire Agreement by and between the parties, and supersedes
all previous letters, understandings, or oral agreements, between the City and TCCD. 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 TCCD legal advisors
and Board of'Trustees.
D. No party may incur any debt, obligation, expense, or liability of'any kind against the other
without the other party's express written approval.,
SECTION 8.
WAIVER.,
The failure of any party hereto to exercise the rights granted them herein upon the occurrence of
any of the contingencies, set forth in this Agreement shall not in any event constitute a waiver of
any such rights upon the occurrence of any such contingencies.
SECTION 9.
APPLICABLE LAW.,
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 entirely -therein.
SECTION 10.
VENUE.
Venue to enforce this Agreement shall lie exclusively in Tarrant County, Texas.
SECTION 11.
MISCELLANEOUS PROVISIONS.
A. No party, shall have control over the other parties with respect to its hours, times,
employment, etc.
B. Each party to this Agreement shall proceed in a safe and professional man-ner and in
compliance with any and all applicable statues, rules and regulations. Each party to this
Agreement shall comply with all federal, state and local laws,
C. If the Texas Higher Education Coordinating Board adopts new guidelines for partnership,
programs during, the term of this Agreement, the new guide,lines shall, prevail ajid shall cause
the parties to execute an amendment to the Agreement if necessary unless the new guidelines
make the City's, or TCCD' s duties unworkable and then the City or TCC D has the option to
terminate the agreement immediately with ten , days' notice to TCC ,..
Inter oval Agreement
Vehicle Repair and Maintenance Supply Program
CFW and TCCDI
The parties have executed mult"ple or*g"nals and multiple counterparts of this Agreement,
each of which shall bIe considered an original document.
FOR CITY OF FORT WORTH TAR NT COUNTY COLLEGE DISTRICT
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Av.- �Er m, Johnson H,, I
aniels By: Erm, Imson ey.
Assistant City Manager Title: Chancellor
Approve as to ForIm d Legality"
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Assistant City Attorney
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Attest:,
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CA eCretaTy ON
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OFFICIAL RECORD
Interlocal Agreement CITY SECREMARY �
Vehicle Repair and Maintenance Supply Program
Iff"7101, WORTH T
CFW and TCCD
....................................---........
,, " &C Review 9/20/2013 AM
Official site of the Fort worth, Texas
FoRT C I ITY II ,
COUNCI L AGEND DATE-, 9/2412013 REFERENCE**C-26461 LOG 21T'CC TAUT MO ILL LOANER PI S M
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT-. Authorize Execution of an Interlocal Agreement with Tarrant County College District to
Establish a vehicle Repair and Maintenance Supply Program (COUNCIL DISTRICT 8)
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RECOMMENDATION:
It is, recommended that the City Council authorize the execution of an Interlocal, Agreement with
Tarrant County (College District to establish a vehicle, repair and maintenance suppily program.
DISCUSSION:
The Equipment Services Department (ESD) is tasked with maintaining the City's fleet of over 3,4001
vehicles. Tarrant County College District TCCD provides a training program for service, technicians
in the automotive industry. This training program provides hands-on experience to students, under
the supervision of a classroom instructor. In order to provide this hands-on instruction, TCCD needs
access to newer model vehicles.
Under the terms of the Interlocal Agreement, LSD! staff will select vehicles that have been diagnosed
with maintenance problems rellaed to the training being provided by TCC. Staff will transport the
vehicles to the TCCD site. TCCC students will provide the maintenance labor for the repair. The City
will provide the parts and tools required for the repair. Upon completion of the repair, ESC staff will
review the repair using standard quality assurance procedures.
This program will provide TCC students with valuable experiences in vehicle maintenance. The
program will also assist the ESD in maintaining fleet availability standards. A cost savings in, vehicle
maintenance will be realized by the city through the use of labor that will he provided by the T'CC
students. City departments will be billed for the parts and, the accrued ESC labor charges necessary
to diagnose and quality check,the repair.
This Agreement will begin upon execution by both parties and expire on August 31, 2015 and may be
renewed for three, additional one-year terms.
This property is located in COUNCIL DISTRICT I , Mapsco 8N.,
FISCAL INF RM TIONXERTIFICATION:
The Financial Management Services 'Director certifies that the Equipment Services Department is
responsible for all expenses generated from the repair and will bill the city departments pursuant to
their standard billing procedure.
To Fun A ccount/Centers FROM Fun /Accorun 'centers
Submift,ed for City Mana er'a office Charles Daniels (61 99)
grAiinat"IngDepartment Dead: Wayne Corum (5118)
Additional Information Contact: Wayne Corum (5118)
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