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Home My WebLink AboutRES 11-324 RESOLUTION NO. 11-324 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Municipality Master Service Interlocal Contract with the Harris County Department of Education (HCDE). The contract is substantially in the form attached hereto as Exhibit"A" and made a part hereof for all purposes . PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of November, 2011. &4�41 - or Becky Ames - Municipality Master Service Interlocal Contract Between Harris County Department of Education &City of 13EAUMONT Pursuant to the Interlocal Cooperation Act, Chapter 791 of the 'T'exas Government Code and Chapter 271, Subchapter F of the Texas Local Government Code, this Interlocal and Cooperative Purchasing Program Contract ("Contract") is made and entered into by and between the Harris County Department of Education ("FICDE"), located in Houston, Texas, and City of BEAUMONT _ _ ("C:ITY"), located in BEAUMONT_ , Texas, for the purpose of providing services. .___� Preamble HCDE is a local governmental entity established to promote education in Harris County, Texas and is also duly authorized to provide programs and services in the State of Texas. Both HCDE and CITY desire to set forth, in writing, the terms and conditions of their agreement. General Terms and Conditions In consideration of the mutual covenants and conditions contained in this Contract and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties intending to be legally bound agree as follows: 1. Tern. This Contract is effective from the date of the last signature and shall automatically renew unless either party gives thirty (30) days prior written notice of non- renewal. "Phis Contract may be terminated by either party with or without cause with thirty (30) days written notice. See other means of terminating the contract in Article 11, below. Any such notice shall be sent according to Article 8. 2. Agreement.. The terms of this Contract shall apply and will be considered a part of any Addendum for programs and services delivered by HCDE. •T`his Contract and the attached and incorporated Addendum, purchase orders, or exhibits, if any, contain th.e entire agreement of the parties and there are no representations, agreements, arrangements, or undertakings, oral or written, between the parties to this Contract other than those set forth in this Contract and duly executed in writing. 3. Purpose and Sco.ep of Work. A. HCDE agrees to: • Provide CI'T'Y with subsequent independent contracts and/or descriptive offerings of each of the programs and services that HCDE provides through its respective divisions. • Provide services upon the submission of independent contracts or purchase orders within the HCDE divisions. • Conduct, as a minimum, an annual audit or survey, as appropriate. for each of the programs. B. CITY agrees to: • Participate in any or all of the services that HCDE has to offer. ■ Submit put-chase order(s) or independent contract(s) for each of the programs it wishes to purchase and/or collaborate. • Agree to follow the terms and conditions of each independent contract or purchase orders for each of the programs. Municipality Master Service Interiocal Contract EXHIBIT"A" Updated 060-3/09 ■ Assign the appropriate person to act as representative to each respective program delivered. 4. As is. HCDE makes this Contract available to HCDE participating entities "as is" and are under no obligation to revise the terms, conditions, scope, prices, and/or any requirements of the Contract for the benefit of CITY. S. Assignment. Neither this Contract nor any duties or obligations entered in subsequent contracts because of this agreement shall be assignable by either party without the prior written acknowledgment and authorization of both parties. 6. Conflict of Interest. During; the 'Perm of HCDE's service to CITY, CITY, its personnel and agents, shall not, directly or indirectly, whether for CiTY's own account or with any other person or entity whatsoever, employ, solicit or endeavor to entice away any person who is employed by IICDE. 7. Contract Amendment. This Contract may be amended only by the mutual agreement of all parties in writing to be attached to and incorporated into this Contract. 8. Notice. Any notice provided under the terms of this Contract by either party to the other shall be in writing and shall be sent by certified mail, return receipt requested. Notice to shall be sufficient if made or addressed as follows: Harris County Department of Education City of Beaumont Attn: John F. Sawyer, Ed.D. Attn: .Kyle Hayes County School Superintendent Title: City Manager _ 6300 Irvington Blvd. Address 1: 801 Main St 315 Houston, Texas 77022 Address 2: Beaumont,TX 77704 713-694-6300 Phone: 409-880-3720 Email: pbardwell@ci.beaumont.tx.us 9. Relation of Parties. It is the intention of the parlies that CITY is independent of IICDE and not an employee, agent, joint venturer, or partner of FICDE and nothing in this Contract shall be interpreted or construed as creating or establishing the relationship of employer and employee, agent, joint venturer or partner, between HCDE. and CITY or HCDE and any of CITY's agents. 10. Non-Exclusivity. of Services. Nothing in this Contract may be construed to imply that HCDE has exclusive right to provide CJTY these services. During the 'Ferro of Contract, CITY reserves the right to use all available resources to procure other professional services as needed and.. in doing so,will not violate any rights of IICDE. 11. Termination. This Contract may be terminated prior to the expiration of the Term hereof as follows: • By CITY upon 30 days notice if the work/service is not provided in a satisfactory}- and proper manner after a remedy has been reported and discussed:. • By mutual written agreement of' the parties, upon thirty (30) days prior notice, or • By either party immediately if the other party commits a material breach any of the terms of this Contract and no remedial action can be agreed upon by the parties. Municipality Master Service lnterlocal Contract Page 2 of 3 Updated 06/23109 12. Master Contract. This Contract can be utilized as the Master Contract. 'I'he general terms and conditions in this Contract -will serve to outline the working relationship between I.1CDE and the CITY. Both parties agree to allow the CITY to use any or all of the following programs and/or services with no charge from HCDE: Choice Facility Partners (UP), Gulf Coast Pood Cooperative, Purchasing Cooperative; Drug Testing Services and Duel Cooperative. The CI'T'Y agrees to adhere to the terms and conditions set forth for the programs and/or services as contracted under these programs. All other programs and/or services provided by I-ICDE requiring a fee will need an addendum to the approved Master Interlocal Contract. The specific terms and conditions of the addendum will govern that individual contract. In the case of a conflict between the Master Contract and any addendum, the provisions of the addendum will govern. 13. Severabilitv. In the event that any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, Such invalidity, illegality, or unenforceability shall not affect any other provisions, and the Contract shall be construed as if such invalid, illegality, or unenforceable provision had never been contained in it. 14. Governing Law and Venue. This Contract shall be governed by and construed in accordance with the laws of the State of Texas. The mandatory and exclusive venue for the adjudication or resolution of any dispute arising out of this Contract shall be in Harris County, Texas. 15. Authorization. Each party acknowledges that the governing body of each party to the Contract has authorized this Contract. 16. Benefit for Signatory Parties Only. Neither this Contract, nor any term or provisions hereof, not any inclusion by reference, shall be construed as being for the benefit of any party not in signatory hereto. In witness whereof. HCDE and CITY have executed this Contract to be effective on the date specified in Article 1. Tear» above: CITY OF BEAUMONT Harris County Department of Education Name of City Authorized Signature _KYLE HAYES _ John E. Sawyer, Ed.D. Printed Name CITY MANAGER County School Superintendent Title Date Date Municipality Master Service Interlocal Contract Page 3 of 3 Updated 06/23/09