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2015-052ORDINANCE NO. 2015 -052 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL COOPERATIVE PURCHASING PROGRAM AGREEMENT WITH THE UNIVERSITY OF NORTH TEXAS MURPHY CENTER FOR ENTREPRENEURSHIP FOR CLASSROOM INSTRUCTION AND CONSULTING SERVICES FOR THE LEADERSHIP EXCELLENCE AND ENHANCEMENT PROGRAM (LEEP) UNDER SECTION 791.001 OF THE STATE OF TEXAS GOVERNMENT CODE, TO AUTHORIZE CITY OF DENTON CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE (FILE 5743 - INTERLOCAL AGREEMENT WITH THE UNIVERSITY OF NORTH TEXAS MURPHY CENTER FOR ENTREPRENEURSHIP IN AN AMOUNT NOT - TO- EXCEED $130,147.80 FOR THE THREE (3) PROGRAM DURATION). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to execute the Interlocal Cooperative Purchasing Program Agreement with the University of North Texas Murphy Center for Entrepreneurship under Section 791.001 of the Texas Government Code, a copy of which is attached hereto and incorporated by reference herein (the "Agreement "). SECTIONm2. The City Manager, or his designee, is authorized to expend funds pursuant to the Agreement for the purchase of various goods and services. SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 5743 to the City Manager of the City of Denton, Texas, or his designee. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: µ....: ... Al J 1� li'D AS "'0 LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: µ� 3 day of m� , 2015. AM DOWIPMONTRUVWX10, (File 5743) This Interlocal Agreement (the "Agreement") is made and entered into this ,5 day of Chi ­ 2015, between The City of Denton, Texas, a political subdivision of the State of Texas (hereinafter "CITY") and the University of North Texas, Murphy Center for Entrepreneurship, , and an agency of the State of Texas ("UNT"). 2. PROGRAM COORDINATOR. The Program will be supervised by Drs. Don Powell and Derrick D'Souza, Professors @ The University of North Texas. 3. PERIOD OF PERFORMANCE. UNT will perform the program and tasks detailed in the "Service Agreement" from contract execution through July 31st, 2021. This Agreement may be renewed only by written agreement executed by both parties. The LEEP Workshop as detailed in the "Service Agreement", including all services and professional development materials, shall be $31,920 for the first program starting at the beginning of the City's fiscal year (FY), October 2015. Each subsequent program shall increase five 5% over the previous program. 5. PAYMENT SCHEDULE. The City shall make payments upon receipt of invoices, in accordance with the statutory provisions of Texas Government Code; Chapter 2251.The payment schedule indentified below for each LEEP program, strictly follows a estone performance schedule, in meeting of the stated DELIVERABLES (Attachment 1), and in the approval of invoices submitted to the City. 25% due upon receipt of an invoice at the initiation of a LEEP Program- October of the fiscal year 25% due upon receipt of quarterly invoice February 1 of the LEEP Program fiscal year 25% due upon receipt of quarterly invoice June 1 of the LE EP Program fiscal year 25% due upon receipt of quarterly invoice October 1 of the subsequent fiscal year of a program period Additional services shall be billed at an hourly rate as needed by the City, with payments due net 30 after the services are rendered and invoice received. Invoices shall be sent to the following address: Name: City of Denton, Accounts Payable Department Address: 215 East McKinney Street City State Zip: Denton, TX 76201 Company Rep Name: Accounts Payable Phone: 940-349-8223 Email: Lst able �a)ci,-f c nton.cmm 6. TERMINATION. This agreement may be terminated by either party, upon sixty (60) days prior written notice. 7. BREACH / OPPORTUNITY TO CURE. The parties hereto expressly covenant and agree that in the event either party is in default of its obligations herein, the party not in default shall provide to the party in default at least thirty (30) days written notice to cure said default before exercising any of its rights as provided for in this Agreement. University of North Texas City of Denton Purchasing Department Murphy Center for Entrepreneurship 90113 Texas Street Denton, TX 76205 Denton, Texas 76201 Attn: Dr. Finley Graves, Dean Attn: Purchasing Manager Telephone: Telephone: 940-349-7133 Email: Email: purchasi- a) ffl —cii),oenton.com gL 19. NO THIRD PARTY BENEFICIARIES. For purposes of this Agreement, including its intended operation and effect, the parties specifically agree and contract that: (1) the Agreement only affects matters /disputes between the parties to this Agreement, and is in no way intended by the parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in contractual relationship with the State or City, or both; and (2) the terms of this Agreement are not intended to release, either by contract or by operation of law, any third person or entity from obligations owed by them to either the State or City. 20. ENTIRETY OF AGREEMENT. This Agreement represents the entire understanding between the UNT and City and supersedes all other negotiations, representations or agreement, written or oral, relating to this Agreement. The parties have caused this Agreement to be executed by their duly authorized representative. University of North Texas Dr. Finley Q a -s, Dean College of U, ness ,:twn l� iAw ant Coordinator j Bob Brown VP for Finance & Administration City of Denton, Texas : .... George C. Campbell City Manager A tear° Jena i crwafi °s CO),, ecrctary . Approved as to legal form: ee ti t" °:its Attorney Date Date Date d-o 15 Date t� Date 'e ..._ " Attachment 1 University of North Texas — Service Agreement 0 MURPHY CENTER FOR ENTRENEICAMFOUP um, Date: February 12, 2015 Customer: City of Denton Human Resources Department 601 E. Hickory, Suite A Denton, TX 76205 Program Title: Leadership Excellence and Enhancement Program (LEEP) WORK TO BE COMPLETED The Murphy Center for Entrepreneurship (henceforth called the " Murphy Center ") at the University of North Texas will deliver through its associates, a professional development program for the employees of the City of Denton on their premises located at 601 E. Hickory, Denton TX 76205. The program consists of nineteen modules. "Leadership Excellence" will be the central themes of these modules. REPRESENTATIONS AND UNDERSTANDINGS The agreement begins with City of Denton's acceptance of this proposal and ends with the delivery of all the modules by the Enterprise Center. Each program will consist of 18 — 24 months, although the actual classes offered by UNT will typically be conducted within a consecutive 11 — 12 month period. Based on the City's needs, this agreement may extend to cover three programs, with the first program under this Agreement beginning on October 1, 2015. The inaugural LEEP project teams will be finalizing their projects by June 30, 2015. We have agreed to provide consultative services on an as needed basis to the project teams. As such, the Murphy Center and City of Denton agree to begin this Agreement on March 3, 2015 with completion by July 31, 2021 (in anticipation of three programs beginning October 1, 2015, and continuing every other fiscal year). The City of Denton's fiscal year starts each October. These dates may be altered by mutual agreement of the parties. The City of Denton is responsible for providing appropriate facilities, adequate audio - visual, computer equipment, city employee computer access, projection systems, etc., for successful delivery of the program. Participant binders and PowerPoint Masters will be provided by The Murphy Center. The City of Denton is responsible for copying the Masters for inclusion in participant binders. Participants are responsible for their own computers and any other learning support materials they choose to bring to the sessions. Drs. Don Powell and Derrick D'Souza, Professors, UNT, will be the Program Coordinators. They will be responsible for managing, and coordinating the professional development. Modules will be delivered by members of the faculty of the University of North Texas. Should the Murphy Center supplement the professional development resources, such alterations will be made at no additional charge to the City of Denton. The cost for the delivery of training will be a fixed price for a maximum of 12 City of Denton participants. The price includes all services and professional development materials described herein. The total cost of a LEEP Program Workshop to the City of Denton is $31,920.00 (thirty -one thousand nine hundred twenty dollars) for the first program year (City FY 15 -16). The cost for training for subsequent programs will increase by 5% for each program ($33,516 for FY 17 -18; $35,191.80 for FY 19 -20). Payment is due at the milestones as described in the "Agreement ". In addition to the training classes, LEEP project teams may need consultative services by the professors. A consultant fee of $360 per hour will be billed in the event such services are needed. SUBMISSION Submitted for The Murphy Center for Entrepreneurship, College of Business, University of North Texas, by: This Proposal is in effect for 45 days from the above date. Acceptance of Proposal is accomplished by signing below, Accepted by: Signature: . . .. . . . . ....... . . ............................. --------------- . ............... Date Printed Name: Title: