HomeMy WebLinkAboutContract 37954 (2)STATE OF TEXAS § CITY SECRETARY
§ ./ON',,9A,CT NO.
COUNTY OF DALLAS §
INTERLOCAL AGREEMENT
BETWEEN
DALLAS COUNTY COMMUNITY COLLEGE DISTRICT
AND
CITY OF FORT WORTH
This Agreement is made and entered into by and between the Dallas County Community College
District ("DCCCD"), a Texas political subdivision of higher education, on behalf of Mountain
View College, ("College") located in Dallas County, Texas, acting herein by and through its
governing body, and the City of Fort Worth ("Fort Worth") (also referred to as "Client"), acting
herein by and through its governing body, located in Tarrant County, State of Texas, witnesseth:
WHEREAS, this Agreement is made under the authority granted by and pursuant to
Chapter 791 of the Texas Government Code; and
WHEREAS, the party or parties paying for the performance of governmental functions or
services shall make payments therefore from current revenues available to the paying party; and,
WHEREAS, the governing bodies of the two parties fmd that the undertaking is necessary
for the benefit of the public and that each party has the legal authority to enter into such agreement.
1. Purpose. The College shall provide instruction in a variety ofnon-credit training courses to the
employees of the Client as provided in this Agreement and more specifically expressed in
Attachment "A" which is incorporated by reference herein.
2. Instructional Quality. The College will employ qualified personnel to provide educational
services in accordance with state regulations and policies of the College.
3. Instructional Materials and Supplies. Materials and supplies will be provided as described
in Attachment .
4. Fee. The total Agreement amount will not exceed $25,000.00. Fees for the services provided
under this Agreement will be based on factors such as instructional materials, printing, course
hours, course location and course topic. A minimum of (10) ten students are required to enroll in
each course.
5. Term, This Agreement shall begin on October 1, 2008 and end on August 31, 2009.
6. Amendment. This Agreement may only be changed in writing b mu ua coi®n`Ne��0f
parties herein. O��Ir�`'��? �EC�R®
CITY SECRE-ARY
FT. WORTH, TX
7. Cancellation. The Client may cancel this Agreement in accordance with Attachment "A"
8. Notice. Any notice provided for under this Agreement shall be delivered by first class mail or
personal service to the parties named at the address specified below.
Client Representative
Kent Penney
Airport Systems Director
City of Fort Worth
4201 North Main Street, Suite 200
Fort Worth, Texas 76106
817.39205413
District Reprw��ntativ%�:;
Dr. Wright Lassiter, Jr.
Chancellor
DCCCD (District Office)
701 Elm Street
Dallas, Texas 75201
2149860.2135
9. Signatory Clause. The individuals executing this Agreement on behalf of College and
Client acknowledge that they are duly authorized to execute this Agreement on behalf of their
respective principals. All parties hereby acknowledge that they have read and understood this
Agreement and the Attachment "A" and they will comply with their terms.
Interlocal Agreement
Behveen
Dallas County Community College Dish•ict
And
City of Fort Worth
July 24, 2008
Page 2 of 5
COTY S�CR� NARY
7. WORTH, TX
2
Executed in three original counterparts.
OLLEGE
)ate:
CITY OF FORT WORTH
By:
T.M. Higgins
Assistant City Manager
Approval Recommended:
Kent Penney
Airport Systems Director
Ap roved as to Form and Legality:
Charlene Sanders
Assistant City Attorney
ATTEST:
City Secretary
CT
Date: 9/� city
Interlocal Agreement
Between
Dallas County Community College District
And
City of Fort Worth
July 24, 2008
Page 3 of 5
OFFICIAL RECORD
CITY SECRI=TARY
FT. WORTH, TX
c3
Attachment "A"
1. Schedule of Services. Courses will be offered at various meeting times and dates
throughout the term of this Agreement.
2. Materials and Supplies. Textbooks and other related instructional materials will be
provided by the Client. Catalogs and schedules will be provided by the Client.
3. Facilities. The Client will provide appropriate classroom facilities for each course.
The College will assist with facilities upon request.
4. Registration. The Client will facilitate pre -registration activities. The Instructor is
responsible for maintaining class rolls and reporting attendance to the College Coordinator to
assure third class day invoicing by the College Business Office. College will award certificates
to each participant upon successful completion of the course.
5. Billing Procedure. The Client will be invoiced for instructional services on the third
class day of each course. Invoices are due and payable net thirty (30) days.
6. Force Majeure. The College or the Client shall not be responsible for any delays in
performance of this Agreement due to strikes, riots, acts of God, unavailability of instructors or
materials, war, governmental laws or regulations. If a delay occurs, the College will make a
good faith effort to reschedule the service.
7. Cancellation by Client. If the Client cancels the Agreement at any time after its
execution, the Client will be invoiced for any and all costs incurred in fulfilling the Agreement
up to the time written notice of cancellation is received by the College.
8. Assignment. Neither parry shall assign this Agreement without the prior written
consent of the other, provided, however, that the rights and obligations of Client hereunder may
be assigned by Client without consent of College to any corporation to which is also assigned or
transferred substantially all of the assets of that portion of the Client's business to which this
Agreement pertains.
9. Indemnity. The College agrees to be responsible for its own acts of negligence and the
Client agrees to be responsible for its own acts of negligence, which may arise in connection
with any and all claims for damages, costs and expenses to person or persons and property that
may arise out of or be occasioned by this non-credit Agreement or any of its activities or from
any act or omission of any employee or invitee of College or the Client. This obligation shall be
Interlocal Agreement
Betveen
Dallas County Community College District
And
City of Fort Worth
July 24, 2008
Page 4 of 5
CITY S��R�`iARY
T. WORTH, TX
0
Attachment "A"
(Continued)
construed for the benefit of the parties hereto, and not for the benefit of any third parties nor to
create liability for the benefit of any third parties, nor to deprive the parties hereto of any
defenses each may have as against third parties under the laws and court decisions of the State of
Texas.
10. Venue. Exclusive venue for this Agreement shall be in Dallas County, Texas.
11. Nondiscrimination: Parties to this Agreement shall not discriminate on the basis of
race, sex, national origin, disability, religion, or sexual orientation.
12. Compliance with Higher Education Coordinating Rules. Under the terms
and conditions of this Agreement:
a. the courses remain under the sole and direct control of the College;
b. instructors of Client must meet qualifications stipulated by College;
c. College retains supervision of instructors;
d. College will approve program curriculum provided by Clients and,
e. If the Texas Higher Education Coordinating Board adopts new rules during the
term of this Agreement, these new rules shall prevail.
Interlocal Agreement
Behveen
Dallas County Community Collegc District
And
City of Fort Worth
July 24, zoos
Page 5 of 5
OFFICIAL ��C(3RD
CITY S�CRS NARY
T. WORTH, TX
5