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HomeMy WebLinkAboutContract 49151 CMYSECRETARY l - CONTRACT NO. MEMORANDUM OF UNDERSTANDING BETWEEN TARLETON STATE UNIVERSITY AND THE CITY OF FORT WORTH REGARDING BAAS CREDITS FOR THE POLICE ACADEMY This MEMORANDUM OF UNDERSTANDING is made by and between Tarleton State University (TSU), a member of The Texas A&M University System, an agency of the State of Texas, with its primary offices located in Stephenville, Texas and the City of Fort Worth, on behalf of the Fort Worth Police Department (FWPD), a governmental agency in the State of Texas, with its primary offices located in Fort Worth, Texas. WHEREAS, TSU offers a Bachelor of Applied Arts and Science (BAAS) degree in Criminal Justice Administration; and WHEREAS, FWPD, is interested in providing an avenue to its officers to obtain the required thirty-three (33) credits towards the BAAS degree; WHEREAS, FWPD, is interested in having a more educated Police Department, as a more educated Police Department is less likely to use unnecessary force. NOW THEREFORE, It is agreed that the two parties will work collaboratively towards this means as follows: I. TSU AGREES TO: A. Complete an annual review and evaluation of the FWPD curriculum. B. Evaluate (at no cost) the FWPD Cadet's transferable college level credits and provide a draft degree plan to the Cadet. C. Visit the various sites of the FWPD academy classes to explain the BAAS program. D. Supervision of TSU/FWPD program will be provided by the TSU Department of Criminal Justice. E. Provide on-site advising each semester to FWPD at the FWPD training facility. F. Provide an annual progress report of the program progress to FWPD. This annual progress report will include enrollment and growth statistics, student and f ty OFFICIAL RECORD City of Fort Worth—Tarleton State University CITY SECRETARY Ff.WORTH,TX feedback, and suggestions on improving the program. The progress report will be provided one year after the date of execution of this agreement and each year thereafter. G. Ensure seamless transfer into the BAAS program for students meeting the Texas Success Initiative (TSI) and TSU admission requirements. NOTE.- Cadets that have earned IS transferable college credits but have not completed freshman level English and Math core requirements will be considered TSI liable. The department head may enter into an agreement ivith the student. The student may be allowed up to three semesters to complete any developmental coursework as well as the required freshman-level ENGL and MATH core requirements. While under the agreement, the student must be enrolled in equal hours toward the completion of TSI requirements or core requirements cis enrolled in upper-level coursework at Tarleton. II. FWPD AGREES TO: A. Provide TSU access to and review of the 1,300 hour academy curriculum. B. Provide opportunities to TSU to visit the academy sites and explain the program to each academy class. C. Advise the TSU department head of any major changes to the 1,300 hour academy curriculum, as soon as those changes are known, so that appropriate measures can be taken. III. BOTH PARTIES AGREE: A. The Parties agree to identify and make all reasonable efforts to resolve any issue related to the implementation of this MOU including, but not limited to, those related to course scheduling, personnel, facilities, technology, and other available resources. B. The Parties agree to conduct an annual evaluation of this MOU, with the first to occur no later than August 1, 2018. Any changes needed to be made to this MOU will be done so in writing, and agreed upon and signed by both parties. C. The Parties agree that nothing in this MOU should be construed to create a partnership,joint venture, or any agency relationship. City of Fort Worth—Tarleton State University IV. TERM AND TERMINATION The term of this MOU will begin on the date of full signature execution and will extend through July 1, 2020, with two one-year options to renew. Either party may terminate this Agreement with (90) days advance written notice to the other party. In the event this MOU is terminated, both parties agree to make completion provisions for individual students participating in the program at the time of termination. V. MISCELLANEOUS A. Assignability— neither party may assign its rights or duties under this MOU without the prior written consent of the other Parties; B. Notice—Any notice, demand, or communication required, permitted, or desired to be given under this MOU, shall be deemed effectively given when delivered personally, sent by telecopy, email or mailed by prepaid Certified Mail, return receipt requested, addressed to the Party at the following addresses: Tarleton: Tarleton State University—Criminal Justice Dr. Alex del Carmen Department of Criminal Justice Box T-0665 Stephenville, TX 76402 FWPD: Chief Joel F. Fitzgerald Fort Worth Police Department 515 W. Felix Street Fort Worth, Texas 76115 C. Enforceability—should any provision of the MOU be held invalid or unconstitutional by any governmental body or court of competent jurisdiction, that holding shall not diminish the validity of any other provision of this MOU. D. This MOU shall be governed by and interpreted in accordance with the laws of the State of Texas. E. Construction — common nouns and pronouns and all other terms shall be deemed to refer to the masculine, feminine, neuter and singular or plural, as the identity of the person or persons, firm or association may in the context require. F. Binding Effect— The provisions of this MOU shall insure to the benefit of, and shall be binding upon the personal representatives and legatees of each of the Parties. City of Fort Worth—Tarleton State University G. Multiple Copies—this MOU and its Amendments, if any, shall be in writing and may be executed in multiple copies. Each multiple copy, if any, shall be deemed an original, but all multiple copies together shall constitute one and the same instrument. H. Waiver of Breach — the waiver by either Party of a breach or violation of any provision of the MOU shall not operate as, or be construed to be, a waiver of any subsequent breach of the same or another provision. I. Dispute Resolution. The dispute resolution process provided in Chapter 2260, Texas Government Code, and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, shall be used by Tarleton and FWPD to attempt to resolve any claim for breach of contract made by FWPD that cannot be resolved in the ordinary course of business. FWPD shall submit written notice of a claim of breach of contract under this Chapter to the Vice President of Finance & Administration of Tarleton, who shall examine FWPD's claim and any counterclaim and negotiate with FWPD in an effort to resolve the claim. J. Entire agreement — this MOU constitutes the entire agreement between the Parties hereto with respect to the subject matter hereof and supersedes all previous or contemporaneous agreements, understandings or negotiations between the parties. This MOU shall not be modified or amended, except in a written instrument executed by both parties. K. Amendment — this MOU may not be amended or modified except by a written instrument executed by both parties. L. Regulatory Impact — of either party believes, in its sole discretion, that any action required by this MOU or the MOU itself would potentially have an adverse impact on its accreditation, or a party's license or exemption issued by a state educational board or commission, or otherwise violates any law or regulation, the party shall not be required to take any such action, or alternatively, may immediately terminate this MOU without penalty. M. Intellectual Property — Except as required under the Public Information Act, the Intellectual Property associated with each party hereto is the sole and exclusive property of that party and the other party shall not acquire any right or interest in the Intellectual Property of the other. In addition, and without limitation of the foregoing, to the extent marketing material or content of either party, regardless of medium, is: a) used by the other party; b)jointly developed between the parties; or c) developed by one of the party on behalf of the other, that material or content may only be used for advancing the purposes specifically stated in this MOU, and Intellectual Property shared between the parties for advancing the purposed of this MOU shall be treated as confidential and proprietary information by the receiving party and the receiving party shall use it as set forth in this MOU and shall otherwise take such means to protect is as it uses to protect its own Intellectual Property. The term "Intellectual Property" includes, but is not limited to, a party's trademarks, service marks, trade City of Fort Worth—Tarleton State University secrets, copyrights, business methods, processes, and patents. For purposes of this paragraph whenever the term "party" or "parties" is used, such references shall also include any parent, subsidiary or affiliate of TSU. Each party acknowledges that the unauthorized use or disclosure of the other party's Intellectual Property would cause irreparable harm to the other party. If FWPD's logo is used in a manner that the City does not agree with than FWPD can immediately demand that it stop being used. N. Signature Authority—The person signing this MOU hereby warrants that he/she has the legal authority to execute this MOU on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this MOU. If it is ever shown for any reason that the signatory to this MOU is not authorized to bind the relevant entity, the signatory may be personally liable for satisfying the terms contained herein. O. Non-Exclusivity-TSU is not the only provider of higher education to members of the FWPD. P. Governmental Powers - It is expressly understood and agreed that, in the execution of this MOU, neither party waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. IN WITNESN WHERE4V,the Parties have executed this MOU in duplicate originals effective on this the—6 day of , 2017. TARLETON S ATE TERSITY By: Kelli C. S ron, J.D. V Date Dean, College of Liberal and Fine Arts CITY OF FORT WORTH: By: � N F ) Valeri .Washington Assistant City Manager 0 r Date: V(� a ,o � RECEIVEf� 3 N r N C�(OF FORT WORTH co City of Fort Worth—Tarleton State Universi SECRET0 OL 5 8 L� APPROVAL RECOMMENDED BY: By: Joel F.Fitzgerald Chief of Police Date: (1 `� G APPROVED AS TO FORMAN LE I Y: By: - Jo A ffe Assistant City orney Contract Authorization: No M&C required. -41A 01F FoRrG ATT S By: 'a M J. ayser , Ci Secretary ACJ"' FORM 1295 Certification No.:NOT REQUIRED This agreement legally does not require City Council approval. Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and,reporting requirements. Fort Worth Police Department/Career Development OFFICIAL RECORD CITY SECRETARY City of Fort Worth—Tarleton State University FT.WORTH,TX