Adult Education Administrator's Manual

Appendices

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SAMPLE INTERLOCAL AGREEMENT USED IN A LOCAL ADULT EDUCATION PROGRAM

USE FOR TRAINING PURPOSES ONLY. SHOULD BE REVIEWED BY AN ATTORNEY FOR LEGAL PURPOSES AND USE.

INTERLOCAL CONTRACT
BETWEEN[your organization or agency]
AND
[other organization or agency

Pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, this Interlocal Contract (“Contract”) is entered into the ____ day of _________, 200? by and between [your organization or agency] and [other organization or agency], an adult education service provider with offices at [give address] for the promotion of adult education in [name area or region being served].

I. PURPOSE

[other organization or agency ] agrees to provide adult education services, including instruction in English as a Second Language, Adult Basic Education, and Adult Secondary Education (collectively referred to as the “adult education courses”) at its facilities in [location]. Adult education courses will follow the [your organization or agency] semester. [other organization or agency] agrees that the adult education services provided herein will meet all applicable federal, state, and local laws and requirements, including the requirements established by the TEXAS EDUCATION AGENCY, and will pursue the goals and objectives as established by [your organization or agency] for state and federal adult education programs.

II. TERM

This Contract shall be for the funding period for state and federal adult education programs as determined by the TEXAS EDUCATION AGENCY beginning July 1, 2002 and ending on August 31, 2003.

III. COMPENSATION AND FUNDING

[other organization or agency] understands and agrees that payment for the adult education services under this Contract is contingent upon the availability and receipt of funds designated for adult education services by [your organization or agency] from the TEXAS EDUCATION AGENCY. [your organization or agency] shall have no obligation to pay [other organization or agency] under this Contract unless and until funds designated for adult education services are received by [your organization or agency] from the TEXAS EDUCATION AGENCY, and until the TEXAS EDUCATION AGENCY and [your organization or agency] approve the eligible and reasonable costs. Expenditures for capital outlay will not be reimbursed under this Contract until, or unless, previously agreed to, in writing, by [your organization or agency] and the TEXAS EDUCATION AGENCY. The maximum amount [other organization or agency] is eligible for under this Contract is [amount agreed upon by two organizations/agencies].

IV. SCOPE OF SERVICES

[other organization or agency ] Responsibilities

[other organization or agency] is solely responsible for:

• Supervision, daily direction and control, payment of salary (including withholding of income taxes and social security), insurance, worker’s compensation, disability benefits and like requirements and obligations of all [other organization or agency] employees, agents, volunteers, and representatives.
• Providing to [your organization or agency] the adult education instructors’ time sheets and all appropriate information showing costs incurred by [other organization or agency] for the adult education instructors.
• Liability and its attorneys’ fees arising from complaints, grievances or litigation based on the conduct of any [other organization or agency] employee, officer, agent, volunteer, or representative.
• Providing [your organization or agency] monthly student attendance reports, student enrollment records, descriptive statistical information on students, and the evaluation reports prepared by students of the adult education instructors and adult education courses.
• Assuring that [other organization or agency] adult education instructors will meet the minimum qualifications and in-service training requirements established by applicable law.
• Maintaining files and records relating to the expenditure of funds for a period of five years and will make these records available for on-site monitoring or auditing by [your organization or agency] or the TEXAS EDUCATION AGENCY or the cognizant funding authority. In the event of audit and any subsequent findings, [other organization or agency] agrees to repay to [your organization or agency] any amount determined to be paid out in error.
• Reviewing and agreeing to the conditions specified in the certification by signing Schedule #2 of the Standard Application System.

[your organization or agency] Responsibilities

[your organization or agency] will be responsible for paying [other organization or agency] for the eligible and reasonable costs of the instructors who provide adult education services (instructors who provide adult education services referred to herein as "adult education instructors") under this Contract as approved by the TEXAS EDUCATION AGENCY and [your organization or agency] up to a maximum of [amount agreed upon by two organizations/agencies].

V. RELATIONSHIP

It is understood and agreed that [other organization or agency] is an independent contractor. Nothing in this Contract shall be interpreted or construed as creating or establishing the relationship of employer and employee between [your organization or agency] and any employee or agent of [other organization or agency]. The Contract does not create a joint venture or business partnership under Texas law.

VI. TERMINATION

Either party may terminate this Contract without cause with thirty (30) days advance written notice. [your organization or agency] may terminate this Contract AT ANY TIME WITH WRITTEN NOTICE if [other organization or agency] has defaulted in whole or in part or refuses or fails to comply with the provisions of this Contract.

VII. LOCAL FUNDS

Any local funds expended will be from current revenues available to the paying party.

VIII. AUTHORIZATION

Each party acknowledges that this Contract has been authorized by the governing body of each party to the Contract.

IX. NOTICE

Any notice provided under the terms of this Contract by either party to the other shall be in writing and may be affected by certified mail, return receipt requested. Notice to shall be sufficient if made or addressed as follows:

[your organization or agency]
Attention: [CEO]
[your organization or agency]
[attention: CEO]
[address]
[city, state]

[other organization or agency]
[attention: CEO]
[address]
[city, state]

Each party may change the address at which notice may be sent to that party by giving notice of such change to the other party by certified mail, return receipt requested.

X. GOVERNING LAW

This Contract shall be governed by and construed in accordance with the laws of the State of Texas.

XI. VENUE

The mandatory and exclusive venue for the adjudication or resolution of any dispute arising out of this Contract shall be in [your county] County, Texas.

XII. ENTIRE AGREEMENT

This Contract represents the entire and exclusive agreement between the parties thereto and replaces in their entirety any previous agreements, written or oral.

XIII. AMENDMENT

This Contract may be amended only by the mutual agreement of the parties, in writing to be attached to and incorporated in this Contract.

XIV. ASSIGNMENT

Neither this Contract nor any duties or obligations under it shall be assignable by [other organization or agency] without the prior written acknowledgment and authorization of [your organization or agency].

XV. SEVERABILITY

All parties agree that, should any 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 continue in full force and effect.

XVI. BENEFIT FOR SIGNATORY PARTIES ONLY

Neither this Contract, nor any term or provision hereof, nor any inclusion by reference, shall be construed as being for the benefit of any party not in signatory hereto.

The parties have executed this instrument hereto as follows:

Executed this ______ day of ___________________ of the year 200?.

[your organization or agency]		[other organization or agency]
_____________________________________		________________________________________________
Authorized Signature		Authorized Signature
_____________________________________		________________________________________________
Title		Title

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