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HomeMy WebLinkAboutContract 41708 STATE OF TEXAS CITY SECRETARY CONTRACT NO, COUNTY OF TARRANT INTERLOCAL AGREEMENT BETWEEN DALLAS COUNTY COMMUNITY COLLEGE DISTRICT AND CITY OF FORT WORTH: AVIATION DEPARTMENT 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: Aviation Department to include Meacham International Airport, Spinks Airport, and Alliance Airport (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 find 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 of non-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"A". 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. Agreement fee pays tuition for employees as identified by Client at a minimum of$450.00 per employee with a 10% discount applied by the College. The Client may propose removal and/or substitution of employees, maintaining the same number of employees and minimum course fee. OF p �}r t Ty 5.Term. The term of this Agreement includes the initial term plus all subsequent renewal terms. Subject to prior termination or revocation of this Agreement as provided in Section 7 of this Agreement, the initial term of this Agreement begins on October 19, 2010 and ends on October 18, 2012. It may be renewed for two (2) one-year terms. At least sixty(60) days before the expiration of the initial term and any subsequent renewal term, Client may renew this Agreement upon written approval of College. 6.Amendment. This Agreement may only be changed in writing by mutual consent of the parties herein. 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 Dishict Representative Kent Penney Wright L.Lassiter,Jr. Aviation Director Chancellor City of Fort Worth: Aviation Department DCCCD (District Office) 1000 Throckmorton Street 701 Elm Street r ___..�.._ Fort Worth,Texas 76102 Dallas,Texas 752 10FFiCIAL RECC 817-392-5403 214.860.2135 CITY FT WORITH, TX i 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. Executed in four(4)original counterparts City of Fort Worth: Dallas County Commu .rt By. By: O�oFOf4 p Fernando Costa Wri assite Jr. fy ono 000 Q Assistant City Manager d 0 %No Date: Date: "i / d ° n F Q XA Attested by: APPROVED AS TO FORM AND LEGALITY: Marty Hendrix, Ay Secretary 1 a bq 8551 CITY ATTORNEY 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 College. 3. Facilities. The College 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 party 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 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 aad-eatt+-de.-isioa&,uLtl e State of Texas. Attachment "A" (Continued) 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, color, religion, sex, national origin, disability, age, sexual orientation, transgender, gender identity or gender expression. 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 Client; and, e. If the Texas Higher Education Coordinating Board adopts new rules during the term of this Agreement, these new rules shall prevail. '" �? 4 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2115/2011 DATE: Tuesday,February 15, 2011 REFERENCE NO.: **G-17209 LOG NAME: 55AVITRAINING 2011 SUBJECT: Authorize Execution of an Interlocal Agreement with Dallas County Community College District in an Amount Not to Exceed$25,000.00 to Provide Training and Development Courses with Emphasis on Airport Safety and Operations for the Department of Aviation(COUNCIL DISTRICTS 2 and 8) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an Interlocal Agreement with Dallas County Community College District to provide training and development courses with emphasis on airport safety and operations for the Department of Aviation in an amount not to exceed$25,000.00. DISCUSSION: Each year,Meacham International Airport and Alliance Airport undergo an inspection to maintain certification as a Federal Aviation Regulation(FAR)Part 139 Airport. The inspection also ensures that they continue to meet the obligations under FAR Part 139 Certification of Airports. Staff at Meacham,Alliance and Spinks Airport will be included in the training.Although Spinks Airport is not currently certified as a Part 139,including the staff in the training modules will prove beneficial in cross—training staff in areas that will benefit both Spinks and Meacham Airport. Dallas County Community College District will provide training to help staff gain more knowledge of the specific Part 139 requirements and how it affects the airport operations environment. This training is only provided in the area through Mountain View College in the Dallas County Community College District and is not available through Tarrant County Community College. The training will be provided in multiple modules and will include initial and recurrent training. There will be training focused for operations personnel, as well as training for maintenance personnel.It includes subjects such as an overview of the Part 139 requirements,pavement surfaces, safety regulations,marking, lighting and signage standards, obstructions analysis, airport condition reporting, and review of proper radio procedures to be used while in the movement areas on the airport. The total agreement amount shall not exceed$25,000.00; fees for the services provided under this agreement will be based on factors such as instruction materials, printing,course hours, course location and course topic.Agreement fee pays tuition, at a minimum of$450.00 per employee with a 10 percent discount applied. The term of this agreement includes the initial term which begins October 19, 2010 and ends on October 18, 2012, as well as two one—year renewal terms. Alliance and Meacham Airports are located in COUNCIL DISTRICT 2 and Spinks Airport is located in COUNCIL DISTRICT 8. FISCAL INFORMATION: O The Financial Management Services Director certifies that funds are available in thee currtnf�opet&ti�i'Rt" budget, as appropriated, of the Municipal Airport Fund. CITY ti TA T FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office b3:: Fernando Costa (6122) Originating Department Head: Kent Penney (5403) Additional Information Contact: Jonnie Huitt (5409) ATTACHMENTS 1. PE40 5ZZZZ 0551 IZZ.doc 2. PE40 5ZZZZZ 05512ZZ.doc