CONSOLIDATED DATA PROCESSING 500 E. SAN ANTONIO, ROOM 403 EL PASO, TEXAS 79901 (9 15) 546-204 1 FAX (915) 546-2042
MEMORANDUM:
TO: County Judge Anthony( Cobos
FROM: Peter Cooper Chief Technology
DATE: February 26, 2008
SUBJECT: Agenda Item for Commissioners Court On Monday, March 3,2008
AGENDA:
Approve and authorize the County Judge to sign the Professional Services Agreement with Chet Dowling in providing professional in-house computer training to employees of the County of El Paso. The agreement has been reviewed and approved as to form by the County Attorney's Office. Funds are available in account CDP-6761, Contract Services. cc: Commissioner Luis Sarinana, Pct. #I Commissioner Veronica Escobar, Pct. #2 Commissioner Miguel A. Teran, Pct. #3 Commissioner Daniel R. Haggerty, Pct. #4 County Clerk's Office County Auditor - Edward Dion County Attorney - Lee Shapleigh
AN EQUAL OPPORTUNITY EMPLOYER Page 1 of 1
Cathy Rice -- - -- . .- From: Holly C. Lytle [[email protected]] Sent: Tuesday, February 26,2008 9:17 AM To: Cathy Rice Subject: KK-08-073 Contract Review Form
-.EL PAS0 COUNTY LEG& REVIEW FORM
Contract Description: Professional Services Agreement with Chet Dowling to Provide Computer Training to County Employees
COUNTY ATTORNEY ACTIONee
"muested Amendments/Clarifications: Please list any questions or comments you have regarding the terms of the contract, as well as any specific provisions to which you object, or which you want to have changed.
X Approved as to Form as Submitted Approved as to Form with AmendmentslModificationslRese~ationsNoted Below' Not Approved
This document has been given legal review by the El Paso County Attorney's Office on behalf of the County of El Paso, its officers, and employees. Said legal review should not be relied upon by any person or entity other than the County of El Paso, its officers, and employees.
Holly C. Lytle Assistant County Attorney Date: 2/26/08 THE STATE OF TEXAS 5 PROFESSIONAL SERVICES § COUNTY OF EL PAS0 5 AGREEMENT
This Agreement is entered into on March 3, 2008, by the County of El Paso, a political subdivision of the State of Texas, hereinafter called "County," and Chet Dowling hereinafter called "Contractor".
WITNESSETH:
1. SCOPE OF SERnCES. Contractor shall provide professional in-house computer
training to employees of the County of El Paso. The subject matter of the classes shall be
decided by the Information Technology Department, which has the right to review and
approve lesson plans proposed by Contractor.
2. TIME OF PERFORUANCE BY CONTRACTOR The services of Contractor
are to commence on March 3, 2008, regardless of the date of execution of this
Agreement, and shall be undertaken and completed by February 28, 2009. This
Agreement may be extended by mutual written agreement of the parties.
3. COMPENSATION. Contractor shall be compensated in the amount of Twenty Five
Dollars per hour ($25/hr) not to exceed $30,000 and shall keep accurate records regarding
the time worked and services performed on a form prescribed by the El Paso County
Auditor. Contractor shall be compensated according to the requirements, procedures, and
frequency established by the El Paso County Auditor.
C:Documents and SeningskiceVacal Settings\Temporary Internet Files\OLK5\k08073 Dowling Agreement.doc 1 4. INDEPENDENT CONTRACTOR. Nothing contained herein shall be construed as
creating the relationship of employer and employee between the County and the
Contractor. The Contractor shall be deemed at all times to be an Independent Contractor.
The County shall not be subject to any obligations or liabilities of the Contractor incurred
in the performance of this Agreement.
5. INDEMNIFICATION. Contractor shall indemnify, defend and hold the County of El
Paso and its officers, agents, volunteers and employees completely harmless from and
against any and all liabilities, losses, suits, claims, judgments, fines or demands arising by
reason of injury or death of any person or damage to any property, including all
reasonable costs for investigation and defense thereof (including, but not limited to
attorney fees, court costs and expert fees), of any nature whatsoever arising out of or
incident to this Agreement, which are the result of acts of negligence of the Contractor
and the Contractor's agents or employees. Contractor shall give to the County of El Paso
reasonable notice of any such claims or actions. Contractor shall use legal counsel
reasonably acceptable to the County in carrying out its obligations hereunder. The
provisions of this section shall survive the expiration or early termination of this
Agreement.
6. NOTICES. Notices required herein shall be sent, postage prepaid, to the following:
COUNTY: County of El Paso Information Technology Department Attn: Chief Technology Officer 500 E. San Antonio, Room 403 El Paso, Texas 79901
CONTRACTOR: Chet Dowling Technical Trainer 2121 Seagull Dr. El Paso. Texas 79936
C:Documents and SettingsLice\Local Settings\Temporary Internet Files\OLK5\k08073 Dowling Agreement.doc 2 7. LAW GOVERNING CONTRACT. For the purpose of determining the place of this Agreement and the law governing it, this Agreement is entered into the City and County of El Paso, State of Texas, and shall be governed by the laws of the State of Texas. Venue shall be in El Paso County, Texas.
8. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the
parties and shall not be amended except by written instrument signed by both parties.
9. ASSIGNMENT OR SUBLETTING. This Agreement shall not be assigned in whole or
in part.
10. TERMINATION. This Agreement shall be terminable at will by either party.
WITNESS THE FOLLOWING SIGNATURES AND SEALS:
ATTEST: COUNTY OF El PAS0
County Clerk county Judge Anthony Cobos
Approved as to form: Contractor:
Assistant County Attorney Chet Dowling
C:U)ocuments and SettingsMceUoeal Settings\Temporary Internet Files\OLK5\M)8073 Dowling Agreement.doc 3