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HomeMy WebLinkAboutContract 51995 CITY SECRETARY CONTRACT NO. 51 q 9 5 RECEIVED INTERLOCAL AGREEMENT FOR EDUCATIONAL TRAINING MAR 4 2019 BETWEEN THE CITY OF FORT WORTH AND CIN OF FORT WORTH TEXAS A&M AGRILIFE EXTENSION SERVICE CITY SECRETARY 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 Texas A&M AgriLife Extension Service, a member of The Texas A&M University System and an agency of the State of Texas, (hereinafter referred to as "Texas A&M"), 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, the City's Park& Recreation Department manages plants and wildlife in the City's parks; and WHEREAS, Texas A&M provides education and training in landscape management; and WHEREAS, the City and Texas A&M desire to enter into this Agreement in order for Texas A&M to provide training to the City's employees; 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 that the division of costs fairly compensates the performing party for the services or functions under this Agreement. NOW,THEREFORE, in consideration of the mutual promises and agreements contained herein, the parties to this Agreement mutually agree to the following: 1. Scope Texas A&M shall provide agricultural and wildlife management training to the City ("Services") as more particularly described in Exhibit "A" which is at attached hereto and incorporated herein by reference, at the times and locations mutually agreed to in writing between the City and Texas A&M. INTERLOCAL AGREEMENT FOR EDUCATIONAL TRAINING —Eaul—of 16— BETWEEN THE CITY OF FORT WORTH AND TEXAS A&M AGRILIFE EXTENSION SERVICE OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX 2. Term The initial term of this Agreement shall begin on February 1, 2019 ("Effective Date") and expire on January 31, 2024 ("Expiration Date") unless terminated earlier in accordance with this Agreement. 3. Compensation The City shall pay Texas A&M for the Services at a Me of$7.50 per person per class. Texas A&M will use class sign in sheets to calculate amount due and prepare an invoice. Total payments under this Agreement shall not exceed $5,000 annually. Texas A&M shall not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Texas A&M not specified by this Agreement unless City first approves such expenses in writing. City shall pay Texas A&M for Services within 30 days following receipt of an undisputed invoice. City will remit payment as directed on the invoice. 4. Termination 4.1 City or Texas A&M may terminate this Agreement at any time and for any reason by providing the other party with 30 days' written notice of termination. 4.2 In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Texas A&M of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 In the event that this Agreement is terminated prior to the Expiration Date, City shall pay Texas A&M for Services actually rendered up to the ffective date of termination and Texas A&M shall continue to provide City with Services requested by City and in accordance with this Agreement up to the effective date of tear ination. 5. Liability Without waiving any defenses including governmenta 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 INTERLOCAL AGREEMENT FOR EDUCATIONAL TRAINING Page 2 of 10 BETWEEN THE CITY OF FORT WORTH AND TEXAS A&M AGRILIFE EXTENSION SERVICE 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. 6. Compliance with Laws The parties shall perform their obligations with due diligence in a safe and professional manner and in compliance with any and all applicable statues, rules and regulations. The parties to this Agreement shall comply with all federal, state and local law. 7. Limitations of Authority 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 Texas A&M shall at all times be under its exclusive jurisdiction, direction and control. 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. S. Independent Contractor It is expressly understood and agreed that Texas A&M shall operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Texas A&M shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, volunteers, consultants and subcontractors. Texas A&M acknowledges that the doctrine of respondeat superior shall not apply as between City, its officers, agents, servants and employees, and Texas A&M, its officers, agents, servants, employees, volunteers, consultants and subcontractors. Texas A&M further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Texas A&M. It is further understood that City shall in no way be considered a Co-employer or a Joint employer of Texas A&M or any officers, agents, servants, employees or subcontractors. Neither Texas A&M, nor any officers, agents, servants, employees, volunteers or subcontractors of Texas A&M shall be entitled to any employment benefits from City. Texas A&M shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees, volunteers or subcontractors. INTERLOCAL AGREEMENT FOR EDUCATIONAL TRAINING Page 3 of 10 BETWEEN THE CITY OF FORT WORTH AND TEXAS A&M AGRILIFE EXTENSION SERVICE 9. Right to Audit Texas A&M 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 Texas A&M involving transactions relating to this Agreement. Texas A&M agrees that the City shall have access during normal working hours to all necessary Texas A&M 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 Texas A&M reasonable advance notice of intended audits. The City shall be responsible for its own costs in conducting an audit. 10. 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 unless either party has been notified in writing of any changes to such address(es)or addressee(s): To the City: To Texas A&M: City of Fort Worth Texas A&Pvl AgriLife Extension Service Park&Recreation Department Attn: Stephen A. Schulze Attn: Director 578 John K:imbrough Blvd., 5h Floor 4200 South Freeway, Suite 2200 2147 TAMU Fort Worth, Texas 76115 College Statfon, Texas 77843-2147 With Copies To: City Manager's Office 200 Texas Street Fort Worth,Texas 76102 and City Attorney's Office 200 Texas Street Fort Worth, Texas 76102 INTERLOCAL AGREEMENT FOR EDUCATIONAL TRAINING Page 4 of 10 BETWEEN THE CITY OF FORT WORTH AND TEXAS A&M AGRILIFE EXTENSION SERVICE 11. Assignment Neither City nor Texas A&M 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. 12. Venue and Jurisdiction This Agreement shall be governed by the laws of the State of Texas. Venue for any action brought to interpret or enforce, or arising out of or incident to, the terms of this Agreement shall be in as provided by the applicable Texas statute. 13. Entire Understanding This Agreement represents the entire Agreement by and between the parties and supersedes all previous letters, understanding or oral agreements between the City and Texas A&M. Any representations,promises,or guarantees made but not stated in the body of this Agreement are null and void and of no effect. 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. 14. 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. 15. Severability; Section Headings 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 to be invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, INTERLOCAL AGREEMENT FOR EDUCATIONAL TRAINING Page 5 of 10 BETWEEN THE CITY OF FORT WORTH AND TEXAS A&M AGRILIFE EXTENSION SERVICE 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. The headings in this Agreement are inserted for reference only,and shall not define or limit the provisions hereof. 16. 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. 17. Force Majeure If either Party is unable, either in whole or part, to fulfill its obligations under this Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades; insurrections; riots; epidemics; public health crises; earthquakes; fires; floods; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any state; declaration of a state of disaster or of emergency by the federal, state, county, or City government in accordance with applicable law; issuance of an Imminent Threat Alert or Elevated Threat Alert by the United States Department of Homeland Security or any equivalent alert system that may be instituted by any agency of the United States; any arrests and restraints; civil disturbances; or explosions; or some other reason beyond the Party's reasonable control(collectively,"Force Majeure Event"),the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. If a Force Majeure Event occurs, the City may, in its sole discretion, close or postpone the opening of its community centers, parks, or other City-owned and operated properties and facilities in the interest of public safety and operate them as the City sees fit. 18. Intentionally omitted. INTERLOCAL AGREEMENT FOR EDUCATIONAL TRAINING Page 6 of 10 BETWEEN THE CITY OF FORT WORTH AND TEXAS A&M AGRILIFE EXTENSION SERVICE 19. Immigration Nationality Act Texas A&M shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Texas A&M shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Texas A&M shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Texas A&M employee who is not legally eligible to perform such services. Texas A&M shall be responsible for any penalties, liabilities, or losses due to violation of this section by Texas A&M or its employees, subcontractors, agents, or licensees. 20. Multiple Originals The parties may execute multiple originals and multiple counterparts of this Agreement, each of which shall be considered an original document. [REMAINDER OF PAGE INTENTIONALLY BLANK] INTERLOCAL AGREEMENT FOR EDUCATIONAL TRAINING Page 7 of 10 BETWEEN THE CITY OF FORT WORTH AND TEXAS A&M AGRILIFE EXTENSION SERVICE EXECUTED to be effective on the date set forth in section 2 4bove. CITY OF FORT WORTH: �P �----- Fernando Costa Assistant City Manager Date:_���/.9 Recommended By: Rich rd Zavala, Director Park Recreation Department APPROVED AS TO FORM AND LEGALITY: Matt Murray Assistant City Attorney M&C: Form 1295:N/A Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Clinton Wyatt Park Operations District Superintendent OF'FRT �-�. ATTEST: ..o ; Mary Kayser Uj City Secretary ( - INTERLOCAL AGREEMENT FOR EDUCATIONAL TRAINING Page 8 of 10 BETWEEN THE CITY OF FORT WORTH AND TEXAS A&M AGRILIFE EXTENSION SERVICE SECRETARY �.- ..' R'A'H,TX Texas A&M AgriLife Extension Service: s4il — Stephen A.Schulze Asst. Vice Chancellor for Administration Texas A&M gr' ife Date:_ Z /t INTERLOCAL AGREEMENT FOR EDUCATIONAL TRAINING Page 9 of 10 BETWEEN THE CITU OF FORT WORTH AND TEXAS A&M AGRILIFE EXTENSION SERVICE L CIAL REC®RD SECRETARYWORTH, TX EXHIBIT A SCOPE OF SERVICES Texas A&M AgriLife Extension Service ("Extension") will provide up to six training classes annually for the City of Fort Worth's (the "City") parks operations employees on various topics related to horticulture and park management. Extension will be responsible for providing all content, moderator, speakers, and printed materials (if any) for its portion of a training class. The location, date, and time of each class will be mutually coordinated and agreed to by the designated contacts for Extension and the City. The City will provide a location where classes will be held and any necessary tables and chairs. City will inform relevant employees of any scheduled/upcoming classes. INTERLOCAL AGREEMENT FOR EDUCATIONAL TRAINING Page 10 of 10 BETWEEN THE CITY OF FORT WORTH AND TEXAS A&M AGRILIFE EXTENSION SERVICE