Res 2015-099/Interlocal Cooperation Agreement between the City of San Marcos and the Harris County Department of Education which sponsors the Choice Partners Cooperative Program

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■ 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. 5. 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 Term 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 HCDE. 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 San Marcos Attn: James Colbert, Jr. Attn: Jared Miller County School Superintendent Title: City Manager 6300 Irvington Blvd. Address: 630 E. Hopkins Houston, Texas 77022 City, State, Zip: San Marcos, Texas 78666 713- 694 -6300 Phone: 512- 393 -8103 Email: jmiller@sanmarcosbc.gov 9. Relation of Parties. It is the intention of the parties that CITY is independent of HCDE and not an employee, agent, joint venturer, or partner of HCDE 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 CITY these services. During the Term 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 HCDE. 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. Interlocal Contract — City Page 2 of 3 Updated 11/12/14