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HomeMy WebLinkAboutContract 47127 (2)Tarrant County College (WuYcgy JJrjCONTRACT NOE gt lo) TARRANT COUNTY COLLEGE DISTRICT FIRE SERVICE TRAINING CENTER INTERLOCAL AGREEMENT BETWEEN TARRANT COUNTY COLLEGE DISTRICT, CITY OF FORT WORTH, AND FORT WORTH INDEPENDENT SCHOOL DISTRICT THIS INTERLOCAL AGREEMENT (hereinafter referred to as "Agreement") is made and entered into by and between the Tarrant County College District (hereinafter referred to as "TCCD"), a Texas political subdivision of higher education, on behalf of Tarrant County College Northwest Campus (hereinafter referred to as "College"), the City of Fort Worth (hereinafter- referred to as "FWFD"), and Fort Worth Independent School District, (hereinafter referred to as "Fort Worth ISD"), pursuant to the authority granted in compliance with section 29.908 of the Texas Education Code, WHEREAS, the Texas Government Code, Chapter 791, the "Interlocal Cooperation Act," authorizes local government entities to enter into interlocal contracts for governmental purposes; WHEREAS, the parties to this Agreement desire to establish a Fire Science Technology curriculum that leads to the completion of a Fire Academy serving grades 11 — 12; WHEREAS, under this Agreement, the parties agree to follow the agreed upon guidelines of TCCD and Fort Worth ISD in providing Fire Academy classes with sufficient time for the students to complete requirements needed for the Basic Fire Fighter certification offered by TCCD; WHEREAS, this initiative will prepare high school students for successful career and educational futures through a full integration of high school, college, and the world of work. This academic model will improve student academic performance, self-concept, and increase high school and college/university completion rates; and WHEREAS, each party, in performing governmental functions or in funding the performance of governmental functions, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each party finds that the performance of this Agreement is in the common interest of the parties, that the undertaking will benefit the public interest and that the division of costs fairly compensates the performing party for the services or functions under this Agreement. NOW, THEREFORE, the parties to this Agreement mutually agree to the following: 1. Scone of Agreement and Limitations of Authority. The Scope of the Agreement and the parties agree as follows: - Page 1 of 8 OFFICIAL RECORD CITY SECRETARY Ft TX A. Governance. (1) The Fire Science Technology and Academy Advisory Committee a. Membership on the Committee will include, but not be limited to, representatives of TCCD, FWFD, Forth Worth ISD, and/or community members. The specific membership of the Fire Science Technology and Fire Academy Partnership Council will be determined through a collaborative effort by representatives of the TCCD Fire Science Technology and Fire Service Training Centei, FWF-F'D, and the Superintendent or a designee and representatives of Fort Worth ISD. (2) Develop the Parent Academy. (3) Create a Mentorship for junior and senior level students. B. Awarding Credit for Courses. The College will award credit for courses through Credit- by-Examination/Experience. Since this is a Continuing Education program students will have to apply for credit with TCCD through the Credit -by -Examination or Experience process and in accordance with TCCD policy: a. Student must complete Basic Fire Suppression course at TCC and submit a request to challenge for credit based on superior high school achievement in the subject directly to the Dean. b. Successful completion of any credit by experience will result in a grade of credit (CR), which will not affect the grade point average. The student must be enrolled in at least one full term at TCC and be enrolled at TCC during the semester for which credit is posted. Student must pay a posting fee at the current rate per course. C. Duties of College. College shall have the following duties: (1) Involve full-time faculty or staff who are teaching in the appropriate disciplines in developing and teaching college courses; (2) Ensure that course guidelines are followed; (3) Apply the standards of expectation and assessment uniformly in all venues where the College offers courses; (4) Designate personnel to monitor the quality of instruction in order to assure compliance with the standards established by the State and the College; (5) Pay salaries of adjunct instructors who teach college courses; (6) Provide self-contained breathing apparatus (SCBA) and compressed air for high school students enrolled in the Fire Academy. D. Duties of Fort Worth ISD. Fort Worth ISD shall have the following duties: (1) Ensure that the Teacher/Coordinator of the program will coordinate scheduling with TCCD, ensure students are registered with and meet all requirements of the Texas Commission on Fire Protection (TCFP), and consult with Fire Science Technology College faculty who teach continuing education courses in the design and implementation of these courses to assure that course goals enable students to master the TCFP's course requirements, the Texas Higher Education Coordinating Board to ensure rigor, and meet the Texas Essential Knowledge and Skills (TEKS). Page 2 of 8 (2) Ensure a coherent application process for students who want to participate in the TCCD and FWISD Fire Academy; (3) Ensure that all Fort Worth ISD high school courses are in the students' Progression Plan; (4) Provide the transportation of students to and from TCCD and FWFD; (5) Provide the necessary bunker gear needed; (6) Coordinate with the FWFD for the cleaning and inspection of all bunker gear; and (7) Clean, maintain, and store bunker gear in a secured storage area. E. Duties of the FWFD. The FWFD shall have the following duties: (1) Clean and inspect of all bunker gear biannually; (2) Provide ride outs for junior and senior Fire Academy students who are 16 years and above and who meet the FWFD criteria; (3) Provide Fire Academy students with an opportunity to participate at the FWFD facilities and use equipment when available and (4) Implement a High School Explorer Program. F. Faculty. Faculty meeting Texas Education Agency (TEA) and Southern Association of Colleges and Schools (SACS) and College requirements as appropriate will be provided by College and Fort Worth ISD. (1) Faculty provided by College: a. Must meet the College's academic requirements; and (2) Faculty provided by Fort Worth ISD - a. May be designated as a College Adjunct faculty to teach at TCCD, if credentialed. G. Classroom and Office Facilities. (1) All courses under this Agreement will be delivered to students at the high school; and (2) Portions of the Fire Academy will be delivered to students at the College and/or the FWFD training facilities when available. H. Tuition and Fees. (1) Fort Worth ISD will pay TCCD for junior and senior level high school students enrolled in the Fire Academy at the current tuition rate. I. Books and Supplemental Materials. (1) Based on the mutually agreed upon curriculum student syllabi, course curricula, course outlines, and science laboratory supplies as applicable to the courses when taught by the College or other instructional venues, shall apply to the courses available under this Agreement and shall be provided by the College. (2) Based on the mutually agreed upon curriculum, all agreed textbooks and supplemental materials required for Fire Science Technology classes and the TCCD Fire Science Technology and Fire Academy, shall be provided by Fort Worth ISD Page 3 of 8 J. Recruitment and Enrollment of Students. (1) Student recruitment of Grade 8 will occur annually; and (2) College, FWFD, and Fort Worth ISD will assist with recruitment, enrollment and retention, as necessary, for all students who apply to enroll in the Fire Science Technology Program. K. Instructional Calendar. The instructional calendar will be based on the Master Calendar developed by FWISD L. Student Code of Conduct. Fire Science Technology Program and Fire Academy students, faculty and staff shall adhere to: (1) Policies of Fort Worth ISD; (2) Procedures of the College; (3) Policies in the TCCD Board of Trustees Policies and Administrative Procedures Manual; and (4) College will provide the same security to high school students that it provides to its students. M. Media and Public Relations. Media and public relations regarding the Fire Science Technology and Fire Academy will be managed according to College, FWFD, and Fort Worth ISD protocols. 2. Indemnification. To the extent permitted under Texas law and without waiving any defenses including governmental immunity, each party to this Agreement agrees to be responsible for its own acts of negligence, which may arise in connection with and all claims for damages, costs and expenses to person or persons and property that may arise out of or be occasioned by this Agreement or any of its activities or from any act or omission of any employee or invitee of the parties of this Agreement. The provisions in this paragraph are solely for the benefit of the parties to this Agreement and are not intended to create or grant any rights, contractually or otherwise to any third party. 3. Term. Subject to prior termination or revocation of this Agreement as provided in section 5 of this Agreement, the initial term of this Agreement is in full force and effect beginning with the date of final execution by all parties and ending September 19, 2017. It may be renewed for two (2) one year terms. At least one hundred twenty (120) days before the expiration of the initial term and any subsequent renewal terms, College, FWFD and Fort Worth ISD shall review this Agreement and may renew this Agreement on approval of the College, FWFD, and Fort Worth ISD. 4. Right of Revocation. Any party may terminate this Agreement on 120 days' written notice to the other parties. Termination may occur immediately upon the breach of this Agreement by any of the parties. A breach of this Agreement includes, but is not limited to, a violation of the policies and rules of the College, FWFD, or Fort Worth ISD, the making of a misrepresentation or false Page 4 of 8 statement by any of the parties' duties, or the occurrence of a conflict of interest between the parties. Each party has 30 days to cure the breach If this Agreement is terminated during an academic term, students enrolled in classes under this Agreement will be allowed to finish their coursework. 5. Assi,nment. No party may assign their interest in the Agreement without the written permission of the other parties. 6. Limitations of Authority. A. No party has authority for and on behalf of the others except as provided in this Agreement. No other authority, power, partnership, use of rights are granted or implied. B. This Agreement represents the entire Agreement by and between the parties and supersedes all previous letters, understanding or oral agreements between College, FWFD, and Fort Worth ISD Any representations, promises, or guarantees made but not stated in the body of this Agreement are null and void and of no effect. C. No party may make, revise, alter, or otherwise diverge from the terms, conditions or policies which are subject to this Agreement without a written amendment to this Agreement. Changes to this Agreement are subject to the approval of College, FWFD, and Fort Worth ISD legal advisors and Board of Trustees. D. No party may incur any debt, obligation, expense, or liability of any kind against the others without the others' express written approval. 7. Waiver. The failure of any party hereto to exercise the rights granted them herein upon the occurrence of any of the contingencies set forth in this Agreement shall not in any event constitute a waiver of any such rights upon the occurrence of any such contingencies. 8. Annlicable Law. This Agreement and all materials and/or issues collateral thereto shall be governed by the laws of the State of Texas applicable to contracts made and performed entirely therein. 9. Venue. Venue to enforce this Agreement shall lie exclusively in Tarrant County, Texas. 10. Miscellaneous Provisions. A. No party shall have control over the other parties with respect to its hours, times, employment, etc. B. The parties warrant that their mutual obligations shall be performed with due diligence in a safe and professional manner and in compliance with any and all applicable statues, rules and regulations. Parties to this Agreement shall comply with all Federal State and local laws. C. If the Texas Higher Education Coordinating Board adopts new guidelines for High School programs during the term of this Agreement, the new guidelines shall prevail and shall cause the parties to execute an amendment to the Agreement if necessary D. The parties have executed multiple originals and multiple counterparts of this Agreement, each of which shall be considered an original document. Page 5 of 8 FOR TARRANT COUNTY COLLEGE DISTRICT: i lO-a--js L. Jo ates E:lack, Ed.D. Date Vice Chancellor for Academic Affairs and Student Success Page 6 of 8 FOR CITY OF FORT WORTH: Assistant City Manager Approve as to Forum and Legality: Date Leann D. Guzman Sr. Assistant City Attorney Attest: /45Yr City Secretary • • Page 7 of 8 OFFICIAL RECORD CITY SECRETARY Ft WORTH, TX �._�� �. _ FOR FORT WORTH INDEPENDENT SCHOOL DISTRICT: Sharon Meng, Ed.D. itte Assistant Sup:► intendent, Advanced, A xelerated and Innovativ:earning Michael Sor,V Vithe Dade Deputy Sup ndent for Leadership, Learning and Student Support Approved as to Legal Form and Su fficiency for Fort Worth. ISD only. (611 g Date Legal Counsel Page8of8