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HomeMy WebLinkAboutContract 43220 (2)CITY SECRETARY CONTRACT NO.1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF FORT WORTH AND TARLETON STATE UNIVERSITY REGARDING BAAS CREDITS FOR THE POLICE ACADEMY This MEMORANDUM OF UNDERSTANDING (MOU) 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, by and through 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 33 credits towards the BAAS degree; and WHEREAS, FWPD, is interested in having a more educated Police Department as a more educated Police Department is less likely to use unnecessary force. 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 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 faculty feedback, and suggestions on improving the program. The progress report will be provided one year after the date of execution of this MOU and each year then after. 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 15 CL3685: Fort Worth PD — Tarleton State University U5-1 6-1 2 PO4 03 IN OFFICIAL RECORD CITY SECRETARY ET. WORTH, TX 1 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 with 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 as enrolled in upper -level coursework at TSU. II FWPD AGREES TO: A. Provide access and review to 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, 2012. Any changes needed to be made to this MOU will be done so in writing, and agreed upon by both parties. IV. TERM AND TERMINATION The term of this MOU will begin on the date of full signature execution and will extend through January 31, 2015 with two one year options to renew. Either party may terminate this MOU with ninety (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. CL3685: Fort Worth PD — Tarleton State University 2 V. MIS CELLANb OUS 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: TSU: Dr. James Vardalis, Department Head Department of Criminal Justice Tarieton State University Box T-0665 Stephenville, TX 76402 FWPD: Chief Halstead Fort Worth Police Department 1000 Calvert Street Fort Worth, TX 76107 C. Enforceability — should any provision of this 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 inure to the benefit of, and shall be binding upon the personal representatives and legatees of each of the Parties. 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. Exclusivity - TSU is not the only provider of higher education to members of the FWPD. CL3685: Fort Worth PD — Tarieton State University 3 I. Waiver of Breach — the waiver by either Party of a breach or violation of any provision of this MOU shall not operate as, or be construed to be, a waiver of any subsequent breach of the same or another provision. 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 — if 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 Texas Public Info illation 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 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 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 agreement hereby warrants that he/she has the legal authority to execute this agreement 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 CL3685: Fort Worth PD — Tarleton State University 4 reason that the signatory to this MOU is not authorized to bind the relevant entity, the signatory may be personally liable for the satisfying the terms contained herein. O. 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 TSU and the FWPD to attempt to resolve any claim for breach of contract made by FWPD that cannot be resolved in the ordinary course of business. The 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 the FWPD s claim and any counterclaim and negotiate with the FWPD in an effort to resolve the claim. [The remainder of this page intentionally left blank] CL3685: Fort Worth PD — Tarleton State University 5 IN WITNESS WHEREOF, the Parties have executed this MOU in four (4) sets of originals effective as of the date last signed below. The originals will be distributed as follows: two (2) with the City of Fort Worth, and two (2) with Tarleton State University (one (1) in Finance & Administration and one (1) in the College of Liberal and Fine Arts). TARLETON STATE UNIVERSITY iZe e C r 1- Kelli C. Styron, J.D. Interim Dean, College of Liberal and Fine Arts Chief of Police c/ /1, Date -4eirraz CITY OF FORT WORTH ailnewt (41:f 7•/Jeffrey W. Halstead Date Carles W. Daniels Assistant City Manager Date: 05. a., /.. APPROVED AS TO FORM AND LEGALITY: Jessica Sangsvang Assistant City Attorney Date: 't' l' TT ST: kg/City Secretary Date: S bad CL3685: Fort Worth PD — Tarleton State University Authority M&C: qt000000+II() p ® (Ili a of 0 Contract Number: I NO M&C REQUIRE OFFICIAL RECORD CITY SECRETARY Ft WORTH, TX 6