Dallas County

BRIEFING I COURT ORDER Commissioners Court- Jun 02 2020

D Resolution

D Solicitation/Contract

D Executive Session

D Addendum

Contract Amendment with DCCCD on Behalf of Richland College FY 2019/2020

Briefing Date:

Funding Source:

Originating Department:

Prepared by: Recommended by:

Jun 2 2020

Human Resources

Jose Melendez,

Robert B. Wilson, Director of Human Resources

BACKGROUND INFORMATION: Dallas County has maintained an ongoing relationship with Richland College, Corporate Services Division, for many years. If any educational services or workplace training sessions are purchased, they are purchased at a reduced rate. The attached agreement identifies those costs.

OPERATIONAL IMPACT: The proposed Agreement amends the provisions of the Agreement effective December 3, 2019 to permit the educational services provided by the DCCCD to be delivered to County's employees in an on line format. It also revises Exhibit A of the Agreement accordingly.

FINANCIAL IMPACT: Richland Corporate Services provides special reduced fees for the County. We are under no obligation to engage their services during the period of the agreement. However, typically throughout the fiscal year, the cost will not exceed $50,000.

LEGAL IMPACT: The Civil Section of the District Attorney's Office has reviewed and approved the attached agreement.

ADMINISTRATIVE PLAN COMPLIANCE: Recommendation supports Dallas County's Vision under the Administrative Plan of becoming operationally a model governmental entity by supporting the development of a strong , talented, and motivated workforce.

RECOMMENDATION: The Human Resources/Civil Service Department recommends Commissioners Court approve contracting with Richland College for delivery of educational services in an online format during FY

20 19/FY2020, and authorizes the County Judge to sign the agreement with the Dallas County Community College District on behalf of the County.

MOTION: On a motion made by TBD, and seconded by TBD, the following order will be voted on by the Commissioners Court of Dallas County, State of Texas:

Be it resolved and ordered that the Dallas County Commissioners Court does hereby approve the Human Resources/Civil Service Department's request to Commissioners Court and authorize the amendment to agreement between Dallas County with Richland College for delivery of educational services in an online format during FY 2019/FY2020, and authorizes the County Judge to sign the agreement with the Dallas County Community College District on behalf of the County.

ATTACHMENTS: RLC-Dallas County 2019-2020 contract SIGNED Dallas County contract amendment- 051520 (002) Revised

COURT ORDER 2019-1333

Contract with DCCCD on Behalf of Richland College FY 2019/2020

On a motion made by Commiss ioner John Wiley Price, and seconded by Commissioner Dr. Elba Garcia, the following order was passed and adopted by the Commissioners Court of Dallas County, State of Texas:

BRIEFING DATE: December 3, 2019 FUNDING SOURCE: 0120.1040.02440.1003

Be it resolved and ordered that the Dallas County Commissioners Court does hereby 'approve contracting with Richland College for delivery of educational services during FY 2019/FY2020, and autho r izes the County Judge to s ign the agreement w ith the Dallas County Community CollegeDistrict on behalfof the County.

Done in open Court December 3, 2019 by the fo llowing vote:

IN FAVOR: County Judge Clay Jenkins, Commissioner Dr. Theresa Daniel, Commissioner JJ Koch, Commissioner John Wiley Price, and Commissioner Dr. Elba Garcia

OPPOSED: None

ABSTAINED: None

ABSENT: None

Recommended by: Robert B. Wilson Originating Department: Human Resources

Page 31 of 55

DALLAS COUNTY HUl\'Lt-\.N RESOURCES/CIVIL SERVICE

Date December 3, 2019

To: IVlembers of the Comm issioners Court

From: Robert B. Wilson, Director- Human Resources

Subject : Contract with DCCCD on Behalf of Richland College FY 2019/2020

Background

Dallas County has maintained an ongoing relationship with Richland College, Corporate

Services Division, for many years. The attached agreement al lows, but does not require, Dallas County to purchase educational services and workplace training f rom the Corporate Services

Division. If any educationa l services or workplace training sessions are purcha sed, they are purchased at a r educed rate. The attached agreement identifies tho se costs.

Impact on Operat ions

Th e agreement will be in effect December 4, 2019 to September 30, 2020. The agreement wi ll enable the Human Resources/Civi l Service Department to access Richland's training resources on behalf of county employees and departments quickly, efficiently, and at a consistent cost.

Financial Impact

Ri chland Corporate Services provides special reduced fees for the County. We are under no ob ligation to engage their se rvices during the period of t he agreement. However,

typically throughout t he fiscal year, the cost will not exceed $50,000.

Strategic Plan Compliance Re commendation supports Dallas County's Vision under the Administrative Plan of becoming

op erationally a model governmental entity by supporting the development of a strong, t alented, and motivated workf orce.

l egal Review

The Civil Section of the District Attorney's Office has reviewed and approved the attached agreement.

Recommendation

The Human Resources/Civil Service Department recommends Commissioners Court approve contracting with Richland College for delivery of educational services during FY 2019/FY2020, and authorizes the County Judge to sign the agreement with the Dallas County Community College District on behalf of the County.

Recommended by:

Robert B. Wilson HR Director

Agreement B etween DCCCD on Behalf ofRichland College for Educational Services through its

Corporate Services Division ~d Dallas County (''Agreement")

This Agreement is made and entered into by and between the Dallas Count-y Community College District ~'DCCCD"), a Texas political subdivision of higher education, on behalf ofRichland College and its Corporate Services Division, and Dallas County ('Cow1ty"), both ofwh ich may be referred to collectively as the "Parties" or individual ly as 'Party," for the purpose of providing educational services under the following terms and conditions:

l. Purpose. D CCCD shall provide County employees continuing education courses in Business Productivity and Command Spanish® at County facilities as designated by the County. Services from DCCCD wi II include instruction:'registration, and certification. Each student completing the training will receive a certificate of completion and continuing education units of 4-24 hours for Business Productivity courses or24-30 hours for CommandS pani sh®courses, depending on course selection.

2. Instructional Quality. DCCC shall employ qualified instructors to provide educational services~' accordance with S:ate regulations and policies ofD CCCD.

3 . Compliance wilh T exas Higher Education Coordinating Board Rules. Under th e terms and conditions oflhis Agreement:

a. Courses remain under .the sole and direct control ofDCCCD; . b. Insn-uctors must meet qualifications stipulated by DCCCD; c. DCCCD retains SJpervis ion ofth.e instructors; d. DCCCD ,.,.j]} apjYove program curriculum provided by the County; and e. DCC CD is responsible for recruitment llrrough the County, admission, and counseling of

students.

If the Texas Higher Education Coordinating Board adopts new rules during the Term of this Agreement, those n_ew rules shall prevail over the rules set out in this Agreement.

4 . Administration. DCCCD shall provide project manag~ment. DCCCD shall register student s utilizing individual enrollment forms on the first day of the class. The County shall provide a project liaison and participant information for the purpose of registration.

5. Enrollment. County employees shall be e nrolled as continuing education students a t DCC CD. Each class shall have a minimum of eight participants and a maximum of 20 participants. If fewer Lhao eight participants enroll for a course under th is Agreement, DCCCD shall have the sole discretion to cancel the course. In such event, there will be no charge to the County.

6. Fees. The tuiti on for the courses is $170.00 per instmction hour for up to 20 participants. The County will be invoiced for County-sponsored participants with in 30 days of the class &art date. D CCCD agrees that a temporary delay in making payments due to County's acc.ounting and disbursement procedures shall not place the CoWl ly in default of this Agreement and shall not render the County liable for interest or penalties, provided such delay shall not exceed thirty (30)

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days after its due date. Any payment not made within thirty (30) days of its due date shall bear interest in accordance with Chapter 2251, Texas Government Code, as amended. The total amount due under this Agreement shall not exceed $50,000.00.

7. Materials and Supplies. TI1e County will duplicate materials for training with approval of DCCCD.

8. Tem1. This Agreement shall begin on December 4 ,2019 and conclude by September 30,2020.

9. Termination. Either Party may terminate this Agreement without cause on 60 days written notice to the other Party. Either Party may immediately terminate this Agreement with cause, except that if this Agreement is tenninated during· an a~demic term, DCCCD shall allow ltudents to finish their coursework under this Agreement. Cause mall include: (1) lack of, or reduction in, funding; (2) non-perfonnance; and

· (3) failure to comply with the terms and conditions of this Agreement.

1 O.Insurance. DCCCD agrees that it will at all times during the Term of this Agreement maintain in full force and effect general liability insurance and workers' compensation insurance for its employees, or self-insurance for same, to the extent permitted by applicable law under· a plan qf self-insurance. It is expressly agreed that DCCCD will be solely responsible for all costs of such insurance, any and all deductible amounts in any policy, and in any denials of coverage made by itsrespective insurers.

11. Entin: Agreement and Amendment. This Agreement constitutes the entire agreement between theP~es and supersedes any other agreeotent concerning the subject matter of this transaction. This Agreement may only be changed in writing by the mutual consent of the Parties herein. Any alteration, addition, or deletion to the terms of this Agreement that is required by changes in federal or state ·law is automatically incorporated herein without written amendment to this Agreement and !hall be effective on the date designated by said law.

12 .Assignment Neither the CoW!ty-fi~r DCCCD sba1l asstgn thts Agreement without the written consent of the other.

13. Liability. County and DCCCD. including their respective employees, elected . officials, agents, and subcontractors, agree that each shall be responsible for its own negligent acts or omissions or other tortious conduct in the course of performance of this Agreement, without wajyjng anv sovereign immunity. governmental jmmpnjly, or defense<; available to the County or DCCCD under Texas and other applicable laws. The County and DCCCD agree that any liability or damages occurring during the perfonnance of this Agreement caused by the j oint or comparative negligence of the Parties or their employees, elected .officers, agents, or subcontractors, shalJ be determined in accordance with comparative responsibilitv laws of Texas. Nothing in this paragraph shall be constmcd to create or grant any rights, contractual or otherwise, in or to any third persons or entities.

14.Nondiscrimination. Parties to this Agreement shall not discriminate on the basis of race, color, religion, gender, national origin, age, disability, genetic information, or any other basis prohibited by law.

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15.Immunicy. This Agreement is expressly made subject to the College's governmental immunity and the County's sovereign immunity, including, without limitation, Title 5 of the Texas Civil Practice and Remedies Code, and all applicable federal and state laws. The Parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver oi any immunities from suit or from liability that either Party bas by operation of law. Nothing in this Agreement i!> intended to benefit any third party beneficjary.

16. Choice of Law and Venue. This Agreement sl"lall be governed by Texas law and exclusive venue shall lie in the state and federal courts of competent jurisdiction physically located in Dallas County, Texas . .

17. Protections of Education Records under FERP A.

A. Any DCCCD records ('DCCCD Records") that DCCCD shares with the Cmmty relating to services W1der this Agreement may contain information protected or made confidential by the Family Education·al Rights and Privacy Act, 20 U.S.C. Section 1232g ("FERPA"). I fDCCCD Records arc subject to FERJ'A, DCCCD designates the County as a DCCCD official with a legitimate educational interest in DCCCD Records; nnd ·

B. The County represents, warrants, and agrees that it wi ll hold DCCCD Records in strict confidence and will not use or disclose DCC CD Records except as:

1. Permitted or required by this Agreement; 2. Required by law, including, without limitation, FERPA; or 3. Otherwise authorized byDCCCD in writing.

18. Notice. Any notice provided under this Agreement shall be delivered by mail or personal service to the Parties at the addresses specified below:

Dallas County

Robert B. Wilson Director Dallas County H uman Resources 1201 Elm Street, 23rd Floor Suite2300-B Dallas, TX 75270 Phone: 214-653-7604 Fa;c 214-653-7636 E-mail: Roberr.B.Wihon@di!l!ascol!ntj.org

Withacopyto: Kathryn Kraft Assistant Di strictAttorney 411 Elm Street, 5th Floor Dallas, Texas 75202 Phone: 214-653-7358 Fax: 214-653-6134 Email: kathryn. kraft@da ll ascounty. org

Richland Community College Konley Kel ley Community Engagement, Outreach & Recruitment Richland College ofDCCCD 675 W. Walnut Street Garland, Texas 75040 Phone: 214-360-1222 Fax: 972-276-9261 E-mail: kkeliQ';@dcccd.edu

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19. $gnatory Clause. The individuals executing this Agreeme'nt on behalf of DCCCD and the County acknowledge.that they are duly authorized to execute this Agreement. All Parties hereby acknowledge that they have read, understood, and shall comply with the terms and conditions of this Agreement.

20. Agency/Independent Contractor. Except as otherwise stated in this Agreement, DCC CD, including its agentsJ servants, joint enterprises, and employees, is an h1dependent contractor and not an agent, servant,joint enterprise, or employee ofthe County, and is responsible for its own acts, forbearance, negligence, and deeds, and for those of its agents, servants, joint enterprises, or employees in conjunction with the performance of work covered under this Agreement.

EXECUTED to be effective on the date indicated abo.re.

DALLAS COUNTY CCMlvf.UNJTY COLLEGE DISTRICT

By:

1'1/ u3/l v-1 · -· ·-••, . ... _ , _ _.., ...... . ,.___., __ '•' W'-••-•••~• •"' _ _ _

John Creuzot DALLAS COUNTY DISTRIC f A TIORNEY

RUSSELL RODEN CHIEF, CIVIL DIVISION

By: .K.atb.ryn·K:ra:fr C -\,.,.;:, ...... ~C.~;:. E' Assistant District Attorney

Date

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By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review ofth is docwuent was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for tbe beneftt of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attomey(s)_.

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AMENDMENT To AGREEMENT BETWEEN

DALLAS COUNTY COMMUNITY COLLEGE DISTRICT AND

DALLAS COUNTY FOR EDUCATIONAL SERVICES

RECITALS

WHEREAS, on December 3, 2019, DCC CD and the County entered into the Agreement Between DCCCD on Behalf of Richland College for Educational Services tlu·ough its Corporate Services Division and Dallas County; and

WHEREAS, the Patties wish to amend the provisions of the Agreement to pennit the educational. services provided by DCCCD to be delivered to the County's employees in an online fonnat;

NO,V, THEREFORE, the Patties hereby agree to amend the Agreement as follows:

1. Upon the date signed below, the Parties agree to add Attaclunent A to the Agreement in its entirety to allow DCCCD the ability to deliver online and instmctor-led training for the County.

2. The Parties agree that this Amendment shall be considered a patt of the Agreement refened to above and incorporated by reference for all purposes . .

3. Except as provided in this Amendment, all terms used in this Amendment that are not otherwise defined shall have the respective meanings asc1ibed to such tenns in the Agreement.

4. This Amendment shall be subject to any and all other provisions of the Agreement, and, with the exception of the parts or provisions of the Agreement which have been modified by this Amendment, all other provisions of the Agreement shall remain in full force and effect and are not modified or amended by this Amendment.

By: Kathryn K Eggleston, Ph.D.

President, Richland College of DCCCD

Jun 10, 2020 Date

ATTACHMENT A

1. Materials and Supplies: The County will duplicate materials for in-person training with approval ofDCCCD. DCCCD will provide materials in advance of any online training.

2. Registration/Completion: For online classes, registration will take place from the attendance sheet provided by the County and e-mailed to DCCCD.

3. Copying: No p01tion of the services provided herein shall be copied or reproduced in any form without the written consent ofDCCCD.

4. Video Taping: No portion of any lecture prov ided by DCCCD m ay be videotaped.

5. Remote Online Instruction: At the County's option, DCCCD will offer educational services by remote online f01mat.