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HomeMy WebLinkAboutContract 49167 CITY SECRETARY CONTRACT NO.`�I h'1 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 the 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 the Agreement. NOW, THEREFORE, 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") AFC a+ North Central Texas Council of Governments ("NCTCOG") co cr y FN II. STATEMENT OF SERVICES TO BE PERFORMED COFW will deliver to NCTCOG one Structural Collapse Technician II cours d and simulation-based course, during the period of June 12, 2017 through June 23, 2017 at a mutually agreed upon date and location. COFW will: • Provide instructors for classroom delivery and practical hands-on exercises. • Maintain authority of class instruction at the site. • Provide proper orientation to instructors and students prior to the beginning of the program. • Provide a copy of course roster, sign-in sheet, and course curriculum to NCTCOG. • Provide, upon the conclusion of the course, certificates of completion and/or certificates of participation in conjunction with Tarrant County College District (TCCD) for each participant who successfully completes the course to the Training Officer. Pagel of 4 NCTCOG will: • Supply necessary forms required by the State of Texas Office of the Governor, Homeland Security Grants Division (OOG) to meet State Homeland Security Program (SHSP) grant requirements such as training submission forms, environmental historical preservation (EHP) forms, or others as deemed necessary. • Management of 2016 SHSP grant for Urban Search and Rescue (USAR) Training and Exercise invoicing and reimbursement processes. III. BASIS FOR CALCULATING REIMBURSABLE COSTS NCTCOG shall pay COFW for instructional services in an amount not to exceed twenty-two thousand two hundred thirty-nine dollars and twenty cents ($22,239.20). IV. CONTRACT AMOUNT The total amount of this Contract shall not exceed: Twenty-two thousand two hundred thirty-nine dollars and twenty cents ($22,239.20) V. PAYMENT FOR SERVICES NCTCOG was awarded a grant from the OOG for the funding of this training. NCTCOG will remit payment to COFW once all required documentation is provided NCTCOG and upon the availability of all funds from the OOG through the State Comptroller's website. Services performed shall be billed lump sum upon completion. Payment is dependent on approval of the funding request to the OOG. The final invoice must be received no later than July 31, 2017. VI. TERM OF CONTRACT This Contract is to begin upon execution and shall terminate July 31, 2017. VII. CONTRACT EXTENSIONS No extensions, these terms are based on 2016 SHSP grant deadlines. VIII. CONTRACT TERMINATIONS Either party may terminate this agreement any time upon seven (7) days written notice to the other party for termination of service. In the event of early termination, NCTCOG shall only be liable for payment of services performed prior to termination. IX. CONTRACT AMENDMENTS This Agreement may be amended by written application fiom one party to the other and written concurrence by the responding party. Page 2 of 4 X. CONTRACT CONTACTS: City of Fort Worth North Central Texas Council of Governments Attn: Tony Blythe Attn: Tonda Henry Captain, Fort Worth Fire Department Emergency Preparedness Specialist 100 Cherry Street P.O. Box 5888 Fort Worth, TX 76102 Arlington, TX 76005 Phone: 817-392-6959 Phone: 817-695-9291 Email: tony.blythe(�fortworthtexas.gov Email: thenry@nctcog.org XI.AUTHORIZATION: COFW and NCTCOG represent that each party is independently authorized to perform the functions contemplated by this Agreement. XII. MISCELLANEOUS 1. 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 i facilities of COFW shall at all times be under its exclusive jurisdiction, direction and control. It is understood that the employees, methods, and facilities of NCTCOG 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 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 COFW and NCTCOG. 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. 2. 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. 3. Venue: Venue to enforce the Agreement shall lie exclusively in Tarrant County, Texas. 4. Severability: If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other party of this Agreement are for any reason Page 3 of 4 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 COFW 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 NCTCOG involved transactions relating to this Agreement. NCTCOG agrees that COFW 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. COFW shall give NCTCOG reasonable advance notice of intended audits. COFW shall be responsible for its own costs in conducting an audit. 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 �G��a Its Iti1�M1�n Name: Name: Mike Eastland Signature: Signature: 45, � Title: kgil+kTitle: Executive Director Date: W `Di1"Y Date: 1bY: FORTO _ onald P. Gonzales,Ass ity Secretary Page 4 of 4 �AS Interlocal Cooperation Contract between City of Fort Worth and NCTCOG for Structural Collapse Course Instruction, 2017 City of Fort Worth Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all erformance and reporting requirements. Signature Pat Vasquez, Assistant Fire Chief