HomeMy WebLinkAboutC2015-451 - 12/8/2015 - Approved INTERLOCAL COOPERATION AGREEMENT
FOR TRAINING AND DEVELOPMENT
This Interlocal Cooperation Agreement ("Agreement") is entered into by and between the City of
Corpus Christi, Texas , a municipal corporation and home-rule city of the State of Texas, acting by
and through its governing body, the City Council, and the Del Mar College , a political subdivision
of the State of Texas, acting by and through its governing body,the Board of Regents.
PART 1.
TRAINING PROVIDED BY DEL MAR COLLEGE TO THE CITY OF CORPUS CHRISTI
SECTION I. PARTIES
A. The Performing Party: B. The Receiving Party:
Del Mar College City of Corpus Christi
101 Baldwin 1201 Leopard
Corpus Christi, TX 78404 Corpus Christi, TX 78401
SECTION II. TERMS
A. Services provided by this Agreement will begin October 1, 2015 and will end September 30,
2016.
B. The Receiving Party agrees to pay for services received within 30 days from receipt of
invoice.
C. Either party has the right to cancel services or training specified by the Agreement for failure
of the other party to perform in accordance with the terms outlined herein or in attachments
or changes hereto. Such cancellation requires written notice three days prior to such
cancellation. If services are deleted or cancelled, payment shall be due for all past services
performed and any costs incurred providing those services, as agreed upon in Section III,
Statement of Services To Be Performed. Services can be rescheduled if agreed to by both
parties.
D. Neither party shall be responsible to the other for personal injuries, losses, claims, or
demands caused by the acts or omissions, if any, of such party or its agents, employees,
invitees, or subcontractors. The liability, if any, of either party shall be that prescribed by
the laws of the State of Texas.
E. It is the responsibility of the Receiving Party to declare if any employees are brought in from
out-of-state by the company for the sole purpose of taking this course.
If an employee is brought in from out-of-state, an out-of-state tuition will be charged for
these employees.
F. Contact persons are:
2015-451
12/08/15 1
Res. 030700
Del Mar College
INDEXED
Liza Wisner Kiwana Denson
City of Corpus Christi Del Mar College
361-826-3336 361-698-2411
LizaW@cctexas.com Kdensonl@delmar.edu
SECTION III. STATEMENT OF SERVICES TO BE PERFORMED
Del Mar College will: provide instruction and expertise in a variety of management topics for the
City of Corpus Christi. Topics include, but are not limited to: Supervision Skills, Strategic
Planning, Leading for Results, Customer Service, Change Management, and Cultural Intelligence.
Classes will be billed in 2,4, 8, 16,24, 32,or 40 hour increments,depending on the program needs.
Technical and Industrial Training will be covered under a separate agreement.
SECTION IV. SERVICE COST
The service cost will be $100.00 per hour for subject matter expertise regarding new employee
orientation
The service cost will be $250.00 for the 2 hour program—Executive/Director Training and Secret
Shopper
The service cost will be $700.00 for the 4 hour program — including City Champions Customer
Service
The service cost will be $1,400.00 for the 8 hour program
The service cost will be $2,100.00 for the 16 hour program
The service cost will be $2,800.00 for the 24 hour program
The service cost will be $3,500.00 for the 32 hour program
The service cost will be $4,400.00 for the 40 hour program
Prices include all instructional costs, supplies and class room rental. Student fees waived. The
maximum number of participants per class will be up to 24 employees (class size may be smaller
or larger if mutually agreed). Items such as books if requested, will be billed at an extra cost.
Part 2.
CITY OF CORPUS CHRISTI USE OF DEL MAR COLLEGE TRAINING FACILITIES
FOR CONTINUING EDUCATION
SECTION I. SCOPE
The City of Corpus Christi will deliver job specific instruction accredited by Del Mar College.
The instruction will be delivered within the framework of courses contained in the Texas Higher
Education Coordinating Board Workforce Education Course Manual (WECM). These courses
will be offered for Continuing Education (CE) credit in partnership with Del Mar College
(DMC). The responsibilities of the partnering institutions are as follows:
SECTION II. CITY OF CORPUS CHRISTI RESPONSIBILITY FOR CITY
CONDUCTED TRAINING AT DEL MAR COLLEGE
A. Provide all equipment, textbooks and supplies for delivering in-house skill
development classes which are accredited by Del Mar College.
2
B. Provide instructors and instructor support for such classes.
C. Ensure that all instructors meet licensing and/or accreditation requirements for their
respective courses and in compliance with Del Mar College requirements.
D. Provide evidence and support documents of faculty(instructor) qualifications to
DMC.
E. Ensure that the curricula and teaching materials for the courses comply with Del Mar
College curriculum requirements, as well as the requirements prescribed by the
WECM.
F. Provide current and complete syllabi of all courses taught under this agreement to
DMC.
G. Ensure that any applicable testing regulations prescribed by Del Mar College are
followed.
H. Provide DMC with a completed Continuing Education Registration forms for each
student. The City of Corpus Christi shall not be responsible for determining whether
students meet DMC's eligibility requirements.
I. Provide class rolls and student attendance records to DMC.
J. Provide DMC with a completed final grade record for each student at the completion
of each course, if applicable.
K. Provide DMC with course evaluations and other pertinent statistical information
collected n students who complete City of Corpus Christi courses covered under this
agreement.
L. Provide Del Mar College with all required reports in a timely manner.
M. Maintain all documentation directly related to the delivery and support of customized
training courses such as instructional facilities costs, instructor salaries, instructional
equipment, etc. for a period of no less than five years.
N. Pay all applicable room rental, catering, and reconfiguration and cleaning fees.
SECTION III. DEL MAR COLLEGE RESPONSIBILITY FOR CITY CONDUCTED
TRAINING AT DEL MAR COLLEGE
A. Review the applicable City of Corpus Christi course curriculum to ensure its quality,
relevance and adherence to any pertinent state laws, rules and regulations.
B. Validate that the curricula for the courses comply with the course description(s) and
contact hour requirements prescribed by the WECM for the respective courses.
C. Interview instructors recommended by the City of Corpus Christi to teach agreed
upon courses and review pertinent credential documentation to ensure that all
instructors are compliant with the Southern Association of Schools and Colleges
(SACS) and DMC policies.
D. Provide appropriate CE admission documents to the Training manager, City of
Corpus Christi for student registration.
E. Ensure that all courses completed under this agreement are recorded on the individual
student transcripts at the completion of the semester. A training/course with fewer
than 7 contact hours of instruction will not generate state funding as prescribed by the
Texas Higher Education Coordinating Board WECM Protocol Manual and
Guidelines for Instructional Programs in Workforce Education and cannot be
transcripted. An exception may be permitted when the specific type and length of
3
instruction is required by a local, state or national licensing, certifying, regulatory, or
accrediting agency.
F. Waive rental fees for classroom facilities' (contract and credentialed training/courses
only) as requested and as available at the Del Mar College Center for Economic
Development. Daily room rental fees will be assessed for room facilities' as
requested and as available for all training/courses fewer than seven (7) hours of
instruction. Fee schedule available upon request. Other fees, such a catering,
reconfiguration and cleaning fees may apply.
SECTION IV. TUITION
Eligible students, as determined by Del Mar College's current policies will be exempt from
tuition and fees charged by Del Mar College under Part 2 of this Interlocal Agreement. City of
Corpus Christi in-kind contributions meet the guidelines as referenced in the Guidelines for
Instructional Programs for Workforce Education, Chapter Three, B.8 (3) for this provision. Non-
eligible students will not be reported for continuing education credit unless they pay the required
tuition to Del Mar College.
SECTION V. MARKETING
Del Mar College and the City of Corpus Christi will jointly approve the means and content of
any publicity, including the use of any of the parties' names and logos, before their publication.
SECTION VI. PROGRAM REVIEW
An annual review of the program and curriculum referred to in this memorandum of agreement
shall be made by representatives from both institutions. Any suggested changes arising from
such review shall be submitted to both parties for approval prior to their implementation. If the
parties fail to agree and approve changes to the program, the program may be terminated as set
forth below.
Part 3.
General Terms
SECTION I. FUNDS AND PAYMENT.
Each party paying for the performance of services must make those payments from current revenues
available to the paying party.
SECTION II. NO THIRD PARTIES BENEFIT.
This Agreement, and all activities under this Agreement, is solely for the benefit of Parties and not
for the benefit of any third party.
SECTION III. INTERLOCAL COOPERATION ACT.
The Parties agree that activities contemplated by this Agreement are "governmental functions and
services"and that Parties are"local governments"as that term is defined in the Interlocal Cooperation
Act. This Agreement is made under chapter 791 of the Texas Government Code.
SECTION IV. IMMUNITY NOT WAIVED.
Nothing in this Agreement, including the execution and performance of the covenants contained
in this Agreement, is intended to or may constitute a waiver or limitation of any governmental,
4
official, or other immunity, defense, or other protection afforded under state and federal law to
either Party or its officers, employees, representatives, and agents.
SECTION V. TERM OF AGREEMENT.
This Interlocal Agreement of Agreement terminates on September 30, 2016. The agreement
may be terminated by either party upon written notice to the other party sixty (60) calendar days
prior to the desired effective date of termination. Such termination shall not relieve either party
of their obligations to continue performance until the actual termination date, including the
provision of services and the payment of any funds due.
SECTION VI. AMENDMENTS TO AGREEMENT.
Unless otherwise provided herein, this Agreement may only be amended by written instrument
duly executed on behalf of each party. The City authorizes the City Manager and the College
authorizes the Superintendent to execute subsequent amendments, limited to non-substantive
modifications that do not require the appropriation of funds, without further approval from the
governing body.
SECTION VII. NOTICES.
All notices required or permitted hereunder shall be in writing and shall be deemed properly
delivered when actually received or, if earlier, on the seventh (7th) day following deposit in a
United States Postal Service post office or receptacle with proper postage affixed (certified mail,
return receipt requested), addressed to the respective other Party at the address prescribed below,
or at such other address as the receiving Party may have theretofore prescribed by notice to the
sending Party:
City: College:
City of Corpus Christi Del Mar College
Attn: City Manager Attn: President
Post Office Box 9277 101 Baldwin Boulevard
Corpus Christi, Texas 78469-9277 Corpus Christi, TX 78404
SECTION VIII. ENTIRE AGREEMENT.
This Agreement, representing the entire agreement between Parties, supersedes any and all prior
agreements between Parties, whether written or oral, relating to the subject matter of this
Agreement. No officer or employee of either Party may waive or otherwise modify the limitations
in this Agreement without the express action of the governing body of the Party or its duly
authorized agents.
SECTION VI. SEVERABILITY.
In the event any term,covenant, or condition herein contained shall be held to be invalid by any court
of competent jurisdiction,such invalidity shall not affect any other term,covenant,or condition herein
contained, provided that such invalidity does not materially prejudice either City or College in their
5
respective rights and obligations contained in the valid terms, covenants, or conditions hereof. To
this end, the remaining terms, covenants, and conditions hereof are severable and continue in full
force and effect.
SECTION X. VALIDITY AND ENFORCEABILITY.
If any current or future legal limitations affect the validity or enforceability of any provision of this
Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend
this Agreement to the minimum extent necessary to bring this Agreement into conformity with the
requirements of the limitations. As so modified,this Agreement continues in full force and effect.
SECTION XI. LAWS AND VENUE.
City and College shall comply with all federal, state, county, and local laws, ordinances, rules, and
regulations applicable to this Agreement and each Party's respective performance thereunder. This
Agreement shall be interpreted according to Texas laws governing the interpretation of contracts.
Venue for an action arising under this Agreement shall lie in Nueces County, Texas and be in
accordance with the Texas Rules of Civil Procedure.
SECTION XII. CAPTIONS.
Captions to provisions of this Agreement are solely for convenience and shall not be considered in
the interpretation of any provision.
SECTION XIII. NON-ASSIGNMENT.
College shall not assign or transfer, in whole or in part, directly or indirectly, any of its rights or
obligations hereunder without the prior written consent of City, and any attempt of assignment or
transfer without such consent shall be void. However, this Agreement is binding upon the parties to
this Agreement and their respective heirs, successors, and assigns.
SECTION XIV. WARRANTY.
This Agreement has been officially authorized by the governing body of each Party. Each signatory
to this Agreement guarantees and warrants that the signatory has full authority to execute this
Agreement and to legally bind their respective Party to the Agreement.
Remainder of page intentionally left blank; signature page to follow.
6
CITY OF CORPUS CHRISTI DEL MAR COLLEGE
Anti) G -, , `2.10 I
Ronald L. Olson (Date) rk Escamilla, Ph.D. (Date)
City Manager resident, Del Mar College
CAV
ATTEST:
l
Rebecca Huerta (Date)
City Secretary
Rs . 03qu 29
ft CVIJNOIL .._..�.?%�.
'iii
SECRETA.'
APPROVED AS TO FORM:
-614-CA7 tt-tce P is
Buck Brice (Date)
Assistant City Attorney
For City Attorney
7