HomeMy WebLinkAboutContract 48112 RECEIVED
AIlG 2 3 2016 T CITY SFCRE-7AR f
RT ORTK CONTRACT NO.
GIIYOFFO �
CM rt Worthy
INDEPEN9ENT SCHOOL DISTRICT
VEHICLE REPAIR AND MAINTENANCE SUPPLY PROGRAM
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF FORT WORTH AND THE FORT WORTH
INDEPENDENT SCHOOL DISTRICT
THIS INTERLOCAL AGREEMENT (hereinafter referred to as `.Agreement") is made and
entered into by and between the City of Fort Worth, Texas a home-rule municipal corporation
(hereinafter referred to as "City"), acting by and through its duly authorized Assistant City
Manager, and the Fort Worth Independent School District, (hereinafter referred to as "Fort
Worth ISD"), each referred to separately as a "party" and collectively as the "parties" and is
made pursuant to the authority granted by Chapter 791 of the Texas Government Code.
WHEREAS, Chapter 791 of the Texas Government Code, the "Interlocal Cooperation Act,"
authorizes local government entities to enter into interlocal contracts for governmental purposes;
and
WHEREAS, Fort Worth ISD has established early college education programs in accordance
with Section 29.908 of the Texas Education Code; and
WHEREAS, the parties to this Agreement desire to establish a Vehicle Repair and Maintenance
Supply Program in which Fort Worth ISD's students under the supervision of Fort Worth ISD's
instructors will perform vehicle repair and maintenance on the City's vehicles with parts and
tools supplied by the City as part of Fort Worth ISD's Automotive and Collision Programs in
order for Fort Worth ISD to train students to be highly skilled employees of the future; and
WHEREAS, this Agreement will prepare high school students for successful career and
educational futures by allowing the students to receive training in performing vehicle repair and
maintenance on a variety of vehicle makes and models 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, 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.
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein,
the parties to this Agreement mutually agree to the following:
1. Scope of Agreement and Limitations of Authority: The parties agree as follows:
A. Duties of Fort Worth ISD. Fort Worth ISD shall have the following duties:
(1) Fort Worth ISD will coordinate with the City to arrange for the drop-off and pick-
up of the City's vehicles, parts and tools.
(2) Fort Worth ISD will request that the City provide Fort Worth ISD with vehicles
with repair needs that align with the current standards and skills being taught by
Fort Worth ISD.
(3) Fort Worth ISD will monitor the classroom to ensure that all of the City's vehicles,
parts and tools remain in the same physical condition that they were in prior to
delivery to Fort Worth ISD.
(4) Fort Worth ISD will maintain and complete Sublet Forms and Work Orders
provided by City. Fort Worth ISD will maintain a running log documenting all of
the City's vehicles, parts and tools delivered to Fort Worth ISD, all of the City's
vehicles, parts and tools that have been returned to the City, and all maintenance
and repair performed on the City's vehicles. Fort Worth ISD shall deliver a copy
of the completed Sublet Form, Work Order and running log to the City upon
request by the City.
(5) Fort Worth ISD shall properly secure all vehicles, parts and tools provided by the
City inside Fort Worth ISD's automotive shops. Fort Worth ISD shall store all
keys to the City's vehicles in a locked location separate from the City's vehicles
any time the City's vehicle are not being used.
(6) Fort Worth ISD shall report to the City any damage to or theft of the City's
vehicles, parts or tools within one (1) business day of discovering the damage or
theft.
(7) Fort Worth ISD shall monitor all students performing maintenance and repair on
the City's vehicles and shall inspect and approve all work performed by students
on the City's vehicles to ensure all maintenance and repair is performed in
accordance with automotive repair industry standards.
(8) Fort Worth ISD shall allow the City to obtain any vehicles, parts or tools the City
has provided to Fort Worth ISD upon request of the City.
B. Duties of the C v• The City shall have the following duties:
(1) The City will submit a Sublet Form, Work Order, diagnosis and any necessary
replacement parts or tools to Fort Worth ISD for each City vehicle delivered to
Fort Worth ISD.
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Vehicle Repair and Maintenance Program
(2) The City shall be financially responsible for transporting the City's vehicles, parts
and tools to and from Fort Worth ISD campuses.
(3) The City shall coordinate with Fort Worth ISD to arrange the drop-off and pick-up
dates and times for the City's vehicles, parts and tools.
(4) The City shall attempt to deliver City vehicles with repair needs that align to the
current standards and skills being taught by Fort Worth ISD.
(5) The City shall supply the necessary parts and tools needed for the repair of the
City's vehicles.
(6) The City will not require Fort Worth ISD to replace stolen or vandalized parts.
(7) The City shall attempt to provide Fort Worth ISD with a substitute vehicle, part or
tool at any time that the City needs to obtain a vehicle, part or tool that is owned by
the City from Fort Worth ISD.
(8) The City shall inspect all maintenance and repairs performed by Fort Worth ISD
on the City's vehicles.
C. Media and Public Relations. The City shall manage media and public relations
regarding this Agreement in accordance with City policies and procedures. The Fort
Worth ISD shall manage media and public relations regarding this Agreement in
accordance with Fort Worth ISD policies and procedures.
2. Liability: To the extent permitted under Texas law and without waiving any defenses
including governmental immunity, each party to this Agreement agrees to be responsible for
its own acts of negligence, which may arise in connection with all claims for damages, costs
and expenses to any person or property that may arise out of or be occasioned by this
Agreement or any of its activities, 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.
3. Term: 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 31, 2017. This Agreement shall be
automatically renewed for additional one (1) year periods beginning on September 1 of each
year, unless either party provides notice to the other party of its intent to terminate this
agreement not less than thirty (30) days before the end of the current term.
4. Termination: Either party to this Agreement may terminate this Agreement on thirty (30)
days written notice to the other party.
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Vehicle Repair and Maintenance Program
5. Assignment: Neither City nor Fort Worth ISD will assign, sublet, subcontract or transfer
any interest in this Agreement without the written consent of the other party. No assignment,
delegation of duties or subcontract under this Agreement will be effective without the
written consent of the other party.
6. Limitations of Authority:
A. No party has authority for and on behalf of the other party except as provided in this
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
understood that the employees, methods, and facilities of the Fort Worth ISD shall at all
times be under its exclusive jurisdiction, direction and control.
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
Fort Worth ISD. 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 Fort
Worth ISD's legal advisors and Board of Trustees.
D. 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.
7. Remedies: No right or remedy granted herein or reserved to the parties is exclusive of any
other right or remedy herein by law or equity provided or permitted but each shall be
cumulative of every other right or remedy given hereunder. 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.
8. 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 and performed
entirely therein.
9. Venue: Venue to enforce this Agreement shall lie exclusively in Tarrant County, Texas.
10. Seyerabiiity: If any of the terms, sections, subsections, sentences, clauses, phrases,
provisions, covenants, conditions or any other part of this Agreement are for any reason held
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Vehicle Repair and Maintenance Program
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.
11. 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.
12. Notices: All notices, consents, approvals, demands, requests, or other communications
provided for or permitted to be given under any of the provisions of this Agreement shall be
in writing and shall be deemed to have been duly given or served when delivered by hand
delivery or when deposited in the U.S. mail by registered or certified mail, return receipt
requested, postage prepaid and addressed as follows:
To the City: To Fort Worth ISD:
Wayne Corum Alma Charles, Ed. D.
Asst. Property Management Director Executive Direct Career Technical Education
City of Fort Worth Fort Worth Independent School District
1000 Throckmorton St. 100 N. University Dr., Ste., SW 180
Fort Worth, Texas 76102 Fort Worth, Texas 76107
817-392-5118 817-814-1800
With a Copy To:
Legal Counsel
Fort Worth Independent School District
100 N. University Dr., Ste. SW 172
Fort Worth, Texas 76107
13. Right to Audit: Fort Worth ISD agrees that the City shall, until 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 Fort Worth ISD involving
transactions relating to this Agreement. Fort Worth ISD agrees that the City shall have
access during normal working hours to all necessary Fort Worth ISD facilities and shall be
provided adequate and appropriate workspace in order to conduct audits in compliance with
the provisions of this section. The City shall give Fort Worth ISD reasonable advance
notice of intended audits. The City shall be responsive for its own costs in conducting an
audit.
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14. Miscellaneous Provisions:
A. No party shall have control over the other party with respect to its hours, times, or
employees.
B. The parties warrant that their mutual obligations shall be performed with due diligence
in a safe and professional manner and in compliance with any and all applicable statues,
rules and regulations. Parties to this Agreement shall comply with all federal, state and
local laws.
C. The parties have executed multiple originals and multiple counterparts of this
Agreement, each of which shall be considered an original document.
EXECUTED on thQ9_day of , 2016. O F �®
BY CITY OF FORT WORTH: ATTEST:
AV
Jesus J. Chapa, ary J. s
M er •Q�
Assistant City Manager City Secretary
Date: a 5-14
APPROVED AS TO FORM AND LEGALITY: M&C No.:
'" M&C Date:
Richard A. McCracken
Assistant City Attorney
Date: 81 Lt.)11A.
Form 1295 Certification: N l k
BY F T WORTH INDEPENDENT SCHOOL DISTRICT:
N�'4 7 604
Alma Charles
Executive Director Career Technical Education
Date: (v OFFICIAL.RECORD
Interlocal Agreement-Page 6 of 7 ITY SECRETA$Y
Vehicle Repair and Maintenance Program FT
N10RTiff TX
APPROVED AS T LEGAL FORM AND SUFFICIENCY FOR FORT WORTH ISD ONLY.
Ramona Soto
Legal Counsel
Date:
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