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HomeMy WebLinkAboutContract 44940 (2)CRY SECREMMI Ica CONTRACT NO. ar VEHICLE REPAIR AND MAINTENANCE SUPPLY PROGRAM INTERLOCAL AGREEMENT BETWEEN THE CITY OF FORT WORTH and TARRANT COUNTY COLLEGE DISTRICT 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 Texas Government Code, Chapter 791, the "Interlocal Cooperation Act," authorizes local government entities to enter into interlocal contracts for governmental 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 and Collision Programs to train students to be highly skilled 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 make 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, 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, the parties to this Agreement mutually agree to the following: Interlocal Agreement Vehicle Repair and Maintenance Supply Program CFW and TCCD RECEIVED OCT 3 2013 FACIAL RECORD CITY SECRETARY Ft WORTH, TX SECTION 1. GOVERNANCE. City and TCCD will operate within reasonable operating hours established from the collaboration between the TCCD department chair (DC) and the City 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 with 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 document all vehicles delivered to the shop and returned to the City; 5. Properly secure City owned vehicles inside the automotive shop; 6. Report all incidents involving city vehicles, including theft and vandalism, to the City; 7. 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 theft 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 responsibihty 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 skills 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 TCCD governmental immunity, each party to this Agreement 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(s) and property that may arise out of, of 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 aie solely for the benefit of the parties to this Agreement and are not intended to create of 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 31, 2015. It may be renewed for three (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/or 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, adjust or correct the problem to the standard existing prior to the breach If the breaching party fails 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 Maintenance Supply Program CFW 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 manner 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 guidelines shall prevail and 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 TCCD has the option to terminate the agreement immediately with ten (10) days' notice to TCCD. Interlocal Agreement Vehicle Repair and Maintenance Supply Program CFW and TCCD D. The parties have executed multiple originals and multiple counterparts of this Agreement, each of which shall be considered an original document. FOR CITY OF FORT WORTH C aniels TARRANT COUNTY COLLEGE DISTRICT By: Erm. " : Johnson H Assistant City Manager Title: Chancellor Approve as to Form and Legality: i/Lc-- Assistant City Attorney Attest: City Secretary / (dit- al 6 114 / :oi`:ce:zact Authozizat:to' WM- bdoitip Interlocal Agreement Vehicle Repair and Maintenance Supply Program CFW and TCCD /19( k(1.5 ley FF!CUAL REG *R CITY SECRET V FT. WORTH, TX M&C Review 9/20/2013 11:46:38 AM Official sit of the City of i-ori Worth, Texas Fo RT WO RT II DA Thirr DATE: 9/24/2013 RE`=ERENC'= t;: C-26461 LOG 21 TCC AUTOMOBILE LOANI�R P NO.: NAME: e _ e PROGRAM CODE: C VYPE: CONSENTPU LeIC N© HEARING: SUBJECT: Authorize Execution of an Interlocal Agreement with Tarrant County College District to hstablish a Vehicle Repair and Maintenance Supply Program (COUNCIL DISTRICT 8) 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 supply program. DISCUSSION: The Equipment Services Department (ESD) is tasked with maintaining the City's fleet of over 3,400 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, ESD staff will select vehicles that have been diagnosed with maintenance problems related to the training being provided by TCC Staff will transport the vehicles to the TCCD site. TCCD 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, ESD staff will review the repair using standard quality assurance procedures. This program will provide TCC students with valuable experience 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 be provided by the TCC students. City departments will be billed for the parts and the accrued ESD 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 8, Mapsco 8N. FISCAL INFORMATI N/CERTIFICATIONS : 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 Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Rflanaciercus Office bv: Orciainatina Department Head: Additional Information Contact: Charles Daniels (6199) Wayne Corum (5118) Wayne Corum (5118) Page 1 of 2