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HomeMy WebLinkAboutContract 52823-R2 CSC No. 51823 CSC No.52823-R2 CITY OF FORT WORTH CONTRACT RENEWAL NOTICE .l Ulic 3, 2021 Tarrant Countv ColleLe District Attn: Steve Keller 4801 Marine Creek Parkw€iv Fort \forth. Texas 76179-3599 Re: Contract Renewal Notice Contract No. CSC No, 52823 (the "Contract") Renewal Term No. 2: Junc 1. 2021 to May 31, 2022 'I^he above referenced Contract with the City of Dort North had an initial term that became clfeciive an JLlrle 1, 2019. The Contract states that after irnplementiition., (lie Contract would be reviewed t)y both parties after one (1) year and then every three(3) years. The City has reviewed the Contract and is scekin;:to renew it by mutual agreement fbr an additional one(1) year period, which will begin immediately after the Expiration Date. All other terms and conditions of the Contract remain unchanged. Please return this signed acknowledgement letter to the address set forth below, acknowledging receipt of the Contract Renemal Notice. Please log onto PCOI)IC.S011 Purchasing tit to ensure that your company intlormation is correct and up-to-date. I f you have any questions concerning; this Contract Renewal Notice, please contact meat the tclCphone number listed below. Sincerely, Contract Compliance Managei Mark Rauseher 817-392-2577 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Contract Rimewal Page 1 42 CSC No. 52823 ACCEPTED AND AGREED: CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including By: Washington(Jul 22,202107:11 CDT) ensuring all performance and reporting Name: Valerie Washington requirements. Title: Assistant City Manager ' Jul 22,2021 Mark Rauscher(Jul 15,2021 22:29 CDT) By: APPROVAL RECOMMENDED: Name:Mark Rauscher Title: Assistant Fire Director APPROVED AS TO FORM AND By J s Davis(Jul 16,202110:14 CDT) LEGALITY: Name: James Davis Title: Fire Chief ATTEST: By: Name:Christopher Austria Title: Assistant City Attorney By:R-1dP.6on—,A—gC Ve W22,20210931CDT) CONTRACT AUTHORIZATION: Name: Mary Kayser oa4�FORT��a M&C: M&C 19-0028 Title: City Secretary pio.°°°°..00�LOad Date Approved: 8/6/2019 �Pf 0 °o•�d Ordinance##23733-08-2019 ova 0 �p�,f 00 00 000 o *�� Form 1295 Certification No.: aaaQ r*xA5�°p ziRun�oo Tarrant County College District By: rzllel- ,LV-1156-� Name: Elva LeBlanc Title: Executive Vice Chancellor/Provost OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Contract Renewal Page 2 of 2 CSC No. 52823 CSC No.52823-R1 CITY OF FORT WORTH CONTRACT RENEWAL NOTICE June 30,2020 Tarrant County College District Attn: Steve Keller 4801 Marine Creek Parkway Fort Worth,Texas 76179-3599 Re: Contract Renewal Notice Contract No. CSC No. 52823 (the"Contract") Renewal Term No. 1: June 1,2020 to May 31,2021 The above referenced Contract with the City of Fort Worth had an initial term that became effective on June 1, 2019. The Contract states that after implementation, the Contract would be reviewed by both parties after one (1)year and then every three (3) years. The City has reviewed the Contract and is seeking to renew it by mutual agreement for an additional one(1)year period, which will begin immediately after the Expiration Date. All other terms and conditions of the Contract remain unchanged. Please return this signed acknowledgement letter to the address set forth below, acknowledging receipt of the Contract Renewal Notice. Please log onto PeopleSoft Purchasing at http://fortworthtexas.gov/purchasing to ensure that your company information is correct and up-to-date. If you have any questions concerning this Contract Renewal Notice,please contact me at the telephone number listed below. Sincerely, Contract Compliance Manager Mark Rauscher 817-392-2577 Contract Renewal Page 1 of 2 CSC No. 52823 ACCEPTED AND AGREED: CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including By: Valerie Washington(Jun 30,2020 12:30 CDT) ensuring all performance and reporting Name: Valerie Washington requirements. Title: Assistant City Manager Jun 30,2020 lfornor Robo&son By: Homer Robertson(Jun 16,2020 09:02 CDT) APPROVAL RECOMMENDED: Naive: Horner Robertson Title: Fire Assistant Chief APPROVED AS TO FORM AND By: J _s Davis(Jun 16,2020 10:16 CDT) LEGALITY: Naive: James Davis Title: Fire Chief ATTEST: By: Christopher A stria(Jun 30,2020 09:07 CDT) a� Name: Christopher Austria Title: Assistant City Attorney By: .k;' CONTRACT AUTHORIZATION: Name: Mary Kayser I ''1VI&C: M&C 19-0028 Title: City Secretary _ bate Approved: 8/6/2019 rdinance#23733-08-2019 � + Form 1295 Certification No.: Tarrant County College District By: ,LDS /�is/2o Name: Dr.Elva LeBlanc Title: Executive Vice Chancellor&Provost y CITY SECRETARY FT. WORTH, r Contract Renewal Page 2 of 2 M&C Review Page 1 of 2 Official CITY COUNCIL AGENDA ORTWOR I T11 DATE: 8/6/2019 REFERENCE **M&C 19- LOG NAME: 36TCCD FIRE TRAINING NO.: 0028 INTERLOCAL CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize the Execution of Interlocal Agreement with the Tarrant County College District, Increase Estimated Receipts in the Grants Other Fund in the Amount of $850,000.00, and Adopt Approriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute the Interlocal Agreement Between Tarrant County College District and the City of Fort Worth for Public Safety Institute Training; 2. Increase Receipts in the Grants Other Fund effective June 1, 2019, by committing all revenues generated and received through Public Safety Institute Training activities into the Fund to be used solely for Fire Training expenditures and operating costs as required in the agreement; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Other Fund in the amount of$850,000.00, subject to receipt of the revenue. DISCUSSION: The Tarrant County College District (TCCD) and City of Fort Worth Fire Department (FWFD)seek to enter into a training agreement to utilize the TCCD Fire Service Training Center (FSTC) and the City of Fort Worth's Bob Bolen Public Safety Center (BBPSC) as dual agency facilities aimed at creating synergy and developing a Tarrant County enhanced Fire Training partnership, otherwise known as the Public Safety Institute. This agreement is to assist the City, acting by and through FWFD, in the development and implementation of a training program that provides FWFD employees with opportunities to pursue higher education, State Certification classes, and receive college credit for instruction completed. The types of training that may be offered are Academy Certification, Professional Development/Texas Commission on Fire Protection (TCFP) Certification classes, and Continuing Education classes. TCCD will remit to FWFD reimbursement for FWFD costs related to educational and instructional expenses, not to exceed $150,000 per year. Compensation will be calculated at 30\% of the State's reimbursement schedule for public community colleges and shall be paid out on a quarterly basis for the amount of contact hours for that quarter. This reimbursement will be used by FWFD to support and maintain training functions at the Bob Bolen Public Safety Complex. An appropriation of $850,000 will permit the receipt and expenditure of revenue for multiple years without requiring further Council action. The FWFD will provide up to thirty 8-hour days of facility usage per year conducted at the Bob Bolen Public Safety Center(BBPSC), including two instructors per day to operate simulation equipment. Facility usage can include but is not limited to the following: Live Fire courses, Fire In-Service, High Rise Drills, Hazardous Materials CE, Water Rescue, and Technical Rescue Team (TRT)training. Instructional staff for these courses will consist of instructors approved by Fort Worth Fire Department (FWFD). Additional FWFD instructional staff may be added upon request or based on class demands at a predetermined cost. Indirect costs are not included in this grant. (ALL COUNCIL DISTRICTS) http://apps.cfwnet.org/council_packet/mc review.asp?ID=27182&councildate=8/6/2019 6/30/2020 M&C Review Page 2 of 2 A Form 1295 is not required for this contract because: This contract will be with a governmental entity, state agency or public institution of higher education: Tarrant County College District FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that, upon approval of the above recommendations and adoption of the attached ordinance, funds will be available, as appropriated, in the Grants Other Fund. The Fire Department has the responsibility for the collection and deposit of funds due to the City under this Agreement, and is also responsible for ensuring the availability of funds before incurring any obligation. This is an advance funding agreement. TO Fund Department Account Project I Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) FROM Fund DepartmentfTAccount Project Program Activity Budget Reference# Amount ID ID Year I (Chartfield 2 Submitted for City Manager's Office by: Valerie Washington (6199) Originating Department Head: Jim Davis (6801) Additional Information Contact: Mark Rauscher(6803) ATTACHMENTS 36TCCD FIRE TRAINING INTERLOCAL 21003 A019.docx http://apps.cfwnet.org/council_packet/mc review.asp?ID=27182&councildate=8/6/2019 6/30/2020 Ray, Brenda Subject: FW:TCCD From:STUBBLEFIELD, PAULA<PAULA.STUBBLEFIELD@tccd.edu> Sent: Monday,June 29, 2020 10:09 AM To: Ray, Brenda <Brenda.Ray@fortworthtexas.gov> Cc: BROWN, SONYA<SONYA.BROWN @tccd.edu>; KELLER,STEVE<STEVE.KELLER@tccd.edu> Subject: RE:TCCD CAUTION:This email originated from outside of the City of Fort Worth email system. Do not click any links or open attachments unless you recognize the sender and know the content is safe. Brenda, As stated in our previous conversation, please move forward with obtaining the additional signatures. We understand that the wording on the renewal letter needs to match what was stated in the original contract. I will keep the document signed by Dr. LeBlanc and the revised letter on hand until we received a fully executed agreement. If you have any other questions/concerns, please feel free to reach out to me. Thanks, Paula Paula Stubblefield Coordinator of Public Service Programs I Public Services&Social/Behavioral Sciences Tarrant County College Northwest Campus I Office: WFSC 1208A 4801 Marine Creek Parkway I Fort Worth,TX 76179 817-515-7770 1 Fax 817-515-0939 paul.a.stubblefield@tccd.edu I www.tccd.edu Summer hours through July 31, 2020: 7 a.m.-5:30 p.m., Monday—Thursday. Closed on Fridays. From: BROWN, SONYA<SONYA.BROWN(cDtccd.ed u> Sent: Monday,June 29, 2020 9:47 AM To:STUBBLEFIELD, PAULA<PAULA.STUBBLEFIELD(@tccd.edu> Subject: FW:TCCD Importance: High 0�� Sonya L. Brown Divisional Dean I Public Services-Social & Behavioral Sciences 1 CSO-52823 I i i; 1 TNTI:RLOCAL AGREEMENT BETWEEN TARRANT COUNTY 1 COLLEGE DISTRICT AND THE CITY OF FORT WORTH FOR PUBLIC SAFETY INSTITUTE TRAINING 3 This Agreement is between the Tarrant County College District("TCCD"or"College"),a legally constituted community college district located within Tarrant County,Texas,acting herein by and through Dr.Elva , LeBlanc Executive Vice Chancellor and Provost and the City of Fort Worth("City"), a home rule municipal 1 > Y (` tY )� P F corporatidn'of the State of Texas,acting herein by and through Valerie Washington,its duly authorized s Assistant City Manager. a a l SECTION I. 4 RECITALS n WHEREAS, this Agreement is made under the authority granted to the City and TCCD pursuant to the Texas Government Code, Chapter 791,known as the INTERLOCAL COOPERATION ACT; (1 E WHEREAS,TCCD and the City are both local governments,as defined in Tex. Gov't Code§791.003(4)(A); WHEREAS,TCCD and the City agree that the subject of this Agreement is necessary for the benefit of the public and that each has the legal authority to perform and to provide the govermrcnt function or service which is the subject matter of this Agreement, and; WHEREAS,the City provides instruction for Fort Worth Fire Department("FWFD") cadets through a program of instruction("Cadet Academy") that is consistent with the educational requirements of the Texas Commission on Fire Protection's ("TCFP") Basic Fire Suppression Curriculum Manual, TCCD's Fire Service Training Center ("FSTC") can award certificates for completion for courses within an advanced certification curriculum that reflects TCFP competencies and can convert the certificates to college credit hours within guidelines set by the college,and; s E WHEREAS,TCCD's Fire Protection Technology Degree Program can grant additional college credit hours for completion of courses that reflect TCFP competencies,and; WHEREAS, the City and TCCD will continue the college credit for FWFD cadet training as laid out in section VII and desire to establish a program whereby FWFD employees can gain college credit for advanced firefighter training and, ;. p WHEREAS, TCCD can facilitate the City's efforts to provide firefighters with higher education opportunities, and; WHEREAS,the City will provide In-Service training for the City's Fire Department veteran personnel to maintain their certification,and; WHEREAS, TCCD and the City believe that the performance of this Agreement is in the common interest of both parties and that the division of costs fairly compensates the performing party for the services or functions i under this Agreement. >i NOW,THEREFORE,in consideration of the mutual covenants herein expressed,the parties agree as follows_ 6 Interlocal Agreement between Tarrant County College District and the City of Fort Worth for Public Safety Institute Training Pa ra-1 Of Tr1C. A RECORD CITY SECRETARY FT. WORTH,TX t f SECTION H. PURPOSE The ptnpose of this Agreement is to enter into a training agreement to utilize the TCCD Fire Service Training Center(FSTC)and the City of Fort Worth's Bob Bolen Public Safety Center(BBPSC)as dual agency facilities aimed at creating synergy and developing a Tarrant County enhanced Fire Training partnership. This agreement is to assist the City,acting by and through FWFD,in the development and implementation of a training program that provides FWFD employees with opportunities to pursue higher education, State Certification classes, and receive college credit for instruction completed. The typos of training that may be offered are Academy Certification, Professional Development/TCFP Certification classes, and Continuing Education classes. k Certification classes are limited to those classes identified by the Texas Commission on Fire Protection (TCFP) in the Certification Curriculum Manual and listed in the Higher Education Coordinating Board's (The CB) Workforce Education Course Manual (WECM). The list of approved classes can be found at The CB website http://www.thecb.state.tx.us/aariun4ergaduateed/worlfforceed/wec m/wec t.cfm and the TCFP website, http://www.tcfp.texas.aov/manuaWcurriculmn manual.asn. SECTION III. TERM The initial team of this Agreement will become.effective June 1,2019,or when properly executed by both parties. After implementation the agreement will be reviewed by both parties after one(1)year and then every three years. Any changes or recommended changes shall be in writing and shall be made three(3)months in advance of the t scheduled requested date change. ti k SECTION IV. OBLIGATIONS OF PARTIES A.TCCD shall Rgrform the functions and services set forth below: 1. Provide access to required training center facilities on a scheduled basis throughout the term of the agreement. Access to the facilities shall include: '- Up to thirty (30) 8-hour days of facility usage per year conducted at the Tarrant County College Fire Service Training Center(FSTC),which can include but is not limited to the following:Live Fire courses, lnterlocal Agreement between Tarrant County Gore District and the City of Tort Worth for Public Safety Institute Toinim Page 2 of 11 i Fire In-Service,High Rise Drills,Hazardous Materials CE,Swift Water training,and Technical Rescue Team("TRT")training. Instructional staff for these courses will consist of Fort'Worth Fire Department (FWFD)personnel. I Provide assigned coordinator and administrative/facility staff to oversee collaboration and support of interagency training. 3. Approve and require modification as needed to the curriculum. TCCD will review and credential the instructors. Review of instructional performance shall include but is not limited to: At least one and not more than two site visits per academic year by supervisory personnel involved in the Fire Service Training Center,and Student evaluations of instructional performance,in accordance with the College evaluation procedures. 4. Shall not charge a fee to enroll the FWFD Cadet Academy as TCCD Continuing Education students. 5. Provide grade rosters to the instructors to track the progress of cadets under consideration for TCCD course credit. The instructor shall provide documentation to the coordinator verifying that the FWFD cadets under consideration for TCCD course credit pass the sections of the cadet training that have been identified as coinciding with TCCD courses. 6. Provide upon receipt of the grade rosters, Continuing Education Certificates to FWFD employees who have a) completed the enrollment process, b) passed the sections of the cadet training that have been identified as coinciding with the TCCD Firefighter Certification Courses, and c) passed the TCFP certification Test 7. Agrees to consider a program in which certificates of completion can be converted into equivalent college credit hours when an FWFD employee has completed the requirements for establishing a college credit transcript. A passffail shall be posted on the TCCD Continuing Education Transcript only. It is the intent of this Agreement the FWFD employees shall be able to utilize courses completed under this Agreement to fulfill degree requirements for an Associate of Applied Science Degree in Fire Protection Technology. 8. Provide the curriculum through its Fire Protection Technology Program for the Fire Technology courses, maintain the syllabi on file, and approve and maintain the instructor records associated with the coursework, The Fire Protection Technology program will provide copies of all these documents to the office of Public Services and Social/Behavioral Sciences. 9. Be responsible for and shall pay the administrative costs associated with the matriculation of the FWFD Cadets in the continuing education courses. 10. Remit to FWFD reimbursement for FWFD costs related to educational and instructional expenses,not to exceed$150,000 per year. Compensation will be calculated at 30%of the State's reimbursement schedule for public community colleges and shall be paid out on a quarterly basis for the amount of contact hours for that quarter. This reimbursement will.be used by FWFD to support and maintaintraining functions at the Bob Bolen Public Safety Complex. terloail Agreement between Tarrant Counter le a District and the City of Fort Worth for b*Hc Safety Ins&mte_Tisming Page 3 of I I 11. Provide the FWFD biannually(every two years)with a written report on the total number of contact hours reported and amount of compensation received from the State of Texas for all training conducted under this agreement. 12. Submit and request approval for additional courses to the Program from the Texas Higher Education Coordinating Board and the Southern Association of Colleges and Schools. 13. Provide National Fire Protection Association("NFPA")live fire instructor training fo*FWFD personnel on an annual basis. 14. Provide course registration,administration,and Continuing Education Units for all training conducted at FSTC or BBPSC under this agreement. 15. Issue certificates of completion upon request for training conducted at FSTC or BBPSC. 16. Provide oversight of facility,course schedules,and maintenance of accurate student records. 17. Provide all utilities necessary for each course held at TCCD at no additional cost to the City. 18. Provide written instructions on obtaining existingJnew college identification numbers. 19. Schedule access to TCCD facilities when necessary for completion of courses. 20. Establish a referral system to allow for FSTC courses to be delivered by FWFD. 21. Provide access to academic advisement to all members of FWFD on a semi-annual basis. 22. Provide instructors to research and develop curriculum for training classes delivered to the Fort Worth Fire Department in conjunction with Tarrant County College. a. Instructors that currently work with the FWFD and TCCD as adjuncts instructors. b. Course development would be structured according to current TCCD practices. c. Instructors would be mutually agreed upon by both TCCD and FWFD. These instmctors would ideally be selected from each shift(i.e.,A Shift,B Shift,and C Shim). d. Courses developed would be available for use by TCCD in their CE course delivery to other fire departments. e. Instructors would be paid for by TCCD but would be assigned to the FWFD Training Center while working on course development and administrative support. B. The City,acting_by and through its Fire Department shall perform the functions and services set forth below. 1. Provide access to required training center facilities on a scheduled basis throughout the term of the agreement. Access to facilities shall include: Intrdocal Azwment between Tarrant County College District and the City of Fort Worth for Public Safety Institute Training Page 4 of i 1 Up to thirty(30) 8-hour days of facility usage per year conducted at the Bob Bolen Public Safety Center (BBPSC),including two instructors per day to operate simulation equipment. Facility usage can include but is not limited to the following: Live Fire courses, Fire In-Service, High Rise Drills, Hazardous Materials CE,Water Rescue, and Technical Rescue Team (TRT)training. Instructional staff for these courses will consist of instructors approved by Fort Worth Fire Department(FWFD). Additional FWFD instructional staff may be added upon request or based on class demands at a predetermined cost, 2. Provide a Chief Officer or designee to serve as point of contact for scheduling,instructor,and facility issues. 3. Provide instructors meeting the minimum qualification standards of TCCD,TCFP,and,when applicable,the Texas Higher Education Coordinating Board and the Southern Association of College and Schools for designation by TCCD as adjunct faculty.Instructor statement of qualifications will be provided when necessary. 4. Provide the information needed to enroll FWFD employees into TCCD's student system to ensure official enrollment in the FSTC department and shall be required to adhere to the same enrollment standards established for all Texas institutions of higher education. 5. Pay the salaries,benefits,and payroll taxes of their employed instructors.Courses can be taught at BBPSC or FSTC facilities. 6. Provide oversight of their training facility,to include facility waivers and safety plans,usage forms, administrative oversight,and certificates of completion,when applicable. 7. Provide all utilities necessary for each course held at the BBPSC facility at no additional cost to the College District. 8. Provide access to BBPSC facilities necessary for completion of courses. 9. Maintain all pertinent paperwork on students required for certification by the Texas Commission on Fire Protection(TCFP). 10. Expend all funds reimbursed to the City for the Program and any interest earned by this reimbursement directly on instructional salaries,instructional equipment,instructional aids,instructional printing, instructor travel,office supplies and other training related expenses. C. Responsibility of Both Parties: 1. The parties agree to meet periodically to discuss updates and any necessary training modifications. 2. The Parties will be responsible for communicating class requests to the appropriate departments within both agencies for approval. 3. FWFD training personnel will submit a projected schedule of classes the appropriate FSTC staff member at least 14 days prior to the start of each class for section building that falls under this agreement. The roster for each class will be processed no later than 1 pm on the first day of class by the FSTC administrative staff for entry into the TCC enrollment system through the campus Registrar's Office. Any iiLterlocal Agreement between Tarrant County College District and the City of Fart Worth fnr Public Safety Institute Mwninit Page 5 of 11 roster changes must be submitted to the administrative office assistant in a timely manner,in accordance with college rules. 4. All expendables associated with training will be provided by the end user. SECTION V. CONFIDENTIALITY AGREEMENT The parties agree to maintain the confidentiality of records as may be required by federal or state laws. The patties also agree to promptly and timely consult with each other concerning requests for records or information shared by the parties, To the extent that a party is the sole owner of a record or document,disposition of a request shall be the responsibility of that party. SECTION VL CONFLICT OF INTEREST By signing this Agreement,TCCD warrants and affirms that there are presently no conflicts of interest existing between its employees and City. Should such a conflict arise,TCCD agrees that it shall immediately notify the City Attorney of the conflict to discuss the conflict and its resolution. City shall have the final decision on resolution of any conflict. SECTION VII. CREDIT ARTICULATION AGREEMENT Upon successful completion of$re (a) basic firefighter certification from the Texas Commission on Fire Protection,(b)15 semester credit hours in residence at TCCD and(c)be currently enrolled in the term for which credit is to be posted,students may apply for credit-by-experience. The student will be responsible for the$25 per course posting fee per TCCD Policy. Eligible course are Firefighter Certification I (FIRS 1301), Fine Protection Systems (FIRT 1338), Firefighter Certification III (FIRS 1313),Firefighter Certification IV (FIRS 1319),Firefighter Certification V(FIRS 1323)and Firefighter Certification VI(FIRS 1329).This credit may be applied toward an Associate of Applied Science degree in Fire Protection Technology. Applicants for credit-by- experience must be made Through the Fire Protection Technology department on Northwest campus. SECTION VUL USE OF CURRENT REVENUES Each party paying for the performance of govemmental functions or services under this Agreement shall make those payments from current revenues available to the paying party. lnterlocal Agmwent between Tarrant Coun!y Collen District and the City of Fart Worth for Public Safety institute Trainine Page 5 of l 1 SECTION IX RESCHEDULING CLASSES If classes must be canceled because of severe weather or other unforeseen circumstances,rescheduling will be made as soon as possible at a time mutually agreeable to both parties. SECTION X. ENTIRE AGREEMENT This written instrument and any attached exhibits constitutes the entire agreement by the parties hereto concerning the work and services to be performed and any prior or contemporaneous, oral or written agreement, which purports to vary from the terms hereof,shall be void. SECTION XI. MODIFICATION,OTHER THAN TERMINATION, OF AGRE+ + T No modification,other than termination,of this Agreement will be effective unless it is in writing and signed by the parties. SECTION XiI. TERMINATION OF AGREEMENT This Agreement may be terminated by either party hereto,in whole or in part,at any time and for any reason, upon written notice to the other party. Such written notice shall specify the effective date of the termination. In the event of termination,all equipment and expendables provided by FSTC are to be returned to TCCD within 30 days. SECTION ME. SUCCESSORS AND ASSIGNS The City and TCCD shall not assign or otherwise transfer their rights and obligations under this agreement except with prior written consent of the other party,and any prohibited assignment or transfer shall be null and void_ Interlocal Agreement between Tarrant County College District and the City of Fort Worth for Public Safety Institute 11ainina Page 7 of 11 SECTION XIV. NO AGENCY,PARTNERSHIP OR JOINT ENTERPRISE a This Agreement will not be construed in any form or manner to establish a partnership,joint venture or agency, express or implied,or any employer-employee,borrowed servant or joint enterprise relationship by and among the parties. SECTION XV. INDEPENDENT CONTRACTOR Each party shall operate hereunder as an independent contractor and not as an officer,agent,servant or employee of the other party. SECTION XVI. IMMUNITY It is expressly understood and agreed that in the execution of this Agreement,neither party waives or shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against claims arising in any way under this Agreement SECTION XVII. LIABILITY FOR JOINT OR COMPARATM NEGLIGENCE A. Comparative Responsibility laws. The City and TCCD agree that any liability or damages as stated above occurring during the performance of this Agreement and caused by the joint or comparative negligence of the City, TCCD, their agents, servants, officers and/or employees shall be determined in TCCD accordance with the Comparative Responsibility Laws of The State of Texas. B. No waiver of Tort Claims protections. Nothing in this Agreement waives any immunity,protection,rigbt, limitation or cap on damages,as recognized in the Texas Tort Claims Act as to either of the parties,or as to any third party. bteriocal Agreement between Tarrant County College District and the City of Fort Worth for Public safety Institute Training Pages of 11 SECTION XVIIL NOTICES Any notice provided for or permitted under this Agreement shall be made in writing and may be given or served by(i) delivering the same in person to the party to be notified, or(ii)depositing the same in the mail,postage prepaid, certified with return receipt requested, and addressed to the party to be notified, or (iii) sending by telecopy,with a copy thereof sent by registered mail on the same day. If notice is deposited in the mail pursuant to (ii) or(iii)of this Section 3,it will be effective upon receipt. For the purpose of notice,the addresses of the parties are,until changed as provided below,as follows: City of Fort Worth Tarrant Cou=College District City of Fort Worth Northwest Campus Attn:Fire Chief Attention: Steve Keller Fire Department 4801 Marine Creek Parkway 505 West Felix Street Fort Worth,TX 76179-3599 Fort Worth,TX 76115 Tel: 817.515.7362 Tel: 817.392.6805 Fax: 817.515.0939 Fax: 817.392.8940 The parties may from time to time change their respective addresses,and each shall have the right to specify as its address any other address upon at least ten days written notice to the other party. SECTION XIX. FORCE MAJEURE It is expressly understood and agreed by the parties to this.Agreement that if the performance of any obligations hereunder is delayed by reason of war; civil commotion; acts of God; inclement weather, governmental restrictions, regulations, or interferences; fires; strikes; lockouts; national disasters; riots; material or labor restrictions;transportation problems;or any other circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same,regardless of whether any such circumstance is similar to any of those enumerated or not,the party so obligated or permitted shall be excused from doing or performing the same during such period of delay,so that the time period applicable to such design or construction requirement shall be extended for a period of time equal to the period such party was delayed. SECTION XX. WAIVER OF DEFAULT No waiver by the parties hereto of any default or breach or the failure to insist upon the performance of any term, condition,provisions or covenant of this Agreement shall be deemed to be a waiver or relinquishment to any extent of any other breach of the same or any other term,condition,provision, or covenant contained herein or the right of the parties to assert or rely upon any such term. Intedocal Agreement between Tarrant Cotmly College District and the City of Fort Worth for Public Safest+ftw0tute Training Page 9 of l I SEMON XXI. APPLICABLE LAW AND VENUE A. Texas laws apply. This Agreement shall be construed in accordance with the laws of the State of Texas. B. Venue. Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance,attempted perffir mance or non performance of this Agreement,venue for said action shall lie in Tarrant County, Texas or the United States District Court of the Northern District of the State of Texas-Fort Worth Division. SECTION 3M. SEVERABILITY OF PROVISIONS If any of the provisions contained in this Agreement shall be held, for any_reason, to be invalid, illegal, or unenforceable in any respect,such invalidity,illegality,or unenforceability,shall be construed as if such invalid, illegal,or unenforceable provision had never been contained herein. SECTION XXIII. SECTION HEADINGS The headings in this Agreement are inserted for reference only and shall not define or limit the provisions hereof. Intmiacal Agreement between Tarred County Conage District and the City of ftt Worth forPublic Safety Institute TMnins Page IO of I I SECTION XXIV. SIGNATURE AUTHORITY The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto. SECTION XXV. MULTIPLE ORIGINALS The parties have executed multiple originals of this Agreement, each of which shall be considered an original document. Executed thisA�`day of y�g ,20�. CITY OF FORT WORTH TARRANT COUNTY C'OT,LEGE DISTRICT Valetie Washington,Assistant City Manager Dr.Elva Leblanc Executive Vice Chancellor and Provost Approved as to Form and Legality: L.estiirL C�ccrzsycafv L--3m C,,"',71:Seep I t. City Attorney FORT�O ATTEST: Mom` , V �c City Secretary ' M&C No. 19-0028 w_ Intericcal Aereement between Tan-ant County College District end CQRd the City cf Fort Worth for Public Safety Instimtethe City of Fort Worth for Public Safety Institute Tnining OF mol t CITY SECRETARY FT. WORTH,TX FORT WORTH ADDENDUM TO AGREEMENT BETWEEN THE CITY OF FORT WORTH AND TARRANT COUNTY COLLEGE DISTRICT TITLE OF AGREEMENT: Reservation and Facilities Use Agreement For Organizations and Individuals Outside the College("the Agreement") Notwithstanding any language to the contrary in the attached Agreement presented by Tarrant County College District ("TCCD") for use of general facilities ("services"), the City of Fort Worth ("City") and TCCD (collectively the`parties")hereby stipulate by evidence of execution of this Addendum("Addendum")below by a representative of each party duly authorized to bind the parties hereto,that the parties hereby agree that the provisions in this Addendum below shall be applicable to the Agreement as follows: 1. Insurance: The City is a governmental entity under the laws of the state of Texas and pursuant to Chapter 2259 of the Texas Government Code, entitled "Self-Insurance by Governmental Units," is self-insured and therefore is not required to purchase insurance. To the extent the Agreement requires the City to purchase insurance,the City will provide a letter of self-insured status as requested by TCCD. 2. Indemnity: To the extent the attached Agreement requires the City to indemnify, defend, or hold TCCD or any third party harmless from damages of any kind or character, or requires reimbursement; or monetary liabilities of unspecified amounts, the City objects to these terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. 3. Sovereign Immunity: Nothing herein constitutes a waiver of the City's sovereign immunity. To the extent this Agreement requires the City to waive its rights or immunities as a government entity, such provisions are hereby deleted and shall have no force or effect. 4. No Debt: In compliance with Article 11 § 5 of the Texas Constitution, it is understood and agreed that all obligations of the City hereunder are subject to the availability of funds. If such funds are not appropriated or become unavailable,the City shall have the right to terminate this Agreement except for those portions of funds which have been appropriated prior to termination. S. Addendum Controlling: If any provisions of the attached Agreement, conflict with the terms herein, are prohibited by applicable law, conflict with any applicable rule,regulation or ordinance of the City,the terms in this Addendum shall control. CITY OF FORT WORTH: TARRANT C UNTY COLLEGE DISTRICT dfr G1it/'' By:Valerie Wash -ton(Sep 20,201' By: Name: Name: E 1 V L c- C— Assistant City Manager Tit1 � Date: Sep 20,2019 Date: 6 OFFICIAL RECORD CITY SECRETARY .� FOR7 ATTEST: y: ' �k it City Secretary "< ~ . .. APPROVED AS TO FORM AND LEGALITY: Lean&&CKlYRK_. By:u.nnw: an„ Assistant City Attorney Contract Authorization: M&C: N/A 1295: N/A Date Approved: OFFICIAL RECORD CITY SECRETARY CFW/Form Addendum FT. WORTH,TX Page 2 of 2 City of Fort Worth 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. loxel-ftel&y - :men Robertson I Sep l7,10191 Homer Robertson,Assistant Chief OF RECORD CITY SECRETARY FT.WORTtI,TX Ordinance No.23733-08-2019 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE GRANTS OPERATING OTHER FUND IN THE AMOUNT OF$850,000.00, SUBJECT TO RECEIPT OF THE GRANT, FOR FIRE TRAINING PURPOSES; PROVIDING FOR A SEVERABILITY CLAUSE; MAI4NG THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,TEXAS: SECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2018-2019 in the Budget of the City Manager,there shall also be increased estimated receipts and appropriations in the Grants Operating Other Fund in the amount of$850,000.00,subject to receipt of the grant,for fire training purposes. SECTION 2. That should any portion,section or part of a section of this ordinance be declared invalid,inoperative or void for any reason by a court of competent jurisdiction,such decision,opinion or judgment shall in no way impair the remaining portions,sections,or parts of sections of this ordinance,which said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance 23392-09-2018 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations,in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: CITY SECRETARY i i ant City A omey Mary J.Kayser ADOPTED AND EFFECTIVE:Auqust 6,2019 �-��� F�R�, i City of Fort worth,Texas Mayor and Council Communication DATE: 081W19 M&C FILE NUMBER: M&C 19-0028 LOG NAME: 36TCCD FIRE TRAINING INTERLOCAL SUBJECT Authorize the Execution of Interlocat Agreement with the Tarrant County College District.Increase Estimated Receipts in the Grants Other Fund in the Amount of$850,000.00,and Adopt Approriation Ordnance(ALL COUNCIL DISTRICTS) RECOMMENDATION: it is recommended that the City Count: 1.Authorize the City Manager to execute the Interlocal Agreement Between Tarrant County College District and the City of Fort Worth for Public Safety Institute Training; 2.Increase Receipts in the Grants Other Fund effective June 1,2019,by committing all revenues generated and received through Public Safety institute Training activities into the Fund to be used solely for Fire Training expenditures and operating costs as required in the agreement;and 3.Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Other Fund in the amount of $850,000.00,subject to receipt of the revenue. DISCUSSION, The Tarrant County College District(TCCD)and City of Fort Worth Fire Department(FWFD)seek to enter into a training agreement to utilize the TCCD Fire Service Training Center(FSTC)and the City of Fort Worth's Bob Bolen Public Safety Center(BBPSC)as dual agency facilities aimed at creating synergy and developing a Tarrant County enhanced Fire Training partnership,otherwise(mown as the Public Safely Institute. This agreement is to assist the City,acting by and through FWFD,in the development and implementation of a training program that provides FWFD employees with opportunities to pursue higher education,State Certification classes,and receive college credit for instruction completed. The types of training that may be offered are Academy Certification,Professional DevelopmentfTexas Commission on Fire Protection(TCFP) Certification classes,and Continuing Education classes. TCCD will remit to FWFD reimbursement for FWFD costs related to educational and instructional expenses,not to exceed$150,000 per year. Compensation will be calculated at 30%of the State's reimbursement schedule for public community colleges and shall be paid out on a quarterly basis for the amount of contact hours for that quarter. This reimbursement will be used by FWFD to support and maintain training functions at the Bob Bolen Public Safety Complex.An appropriation of$850,000 will permit the receipt and expenditure of revenue for multiple years without requiing further Council action. The FWFD will provide up to thirty 8-hour days of facility usage per year conducted at the Bob Bolen Public Safety Center(BBPSC),including two instructors per day to operate simulation equipment. Facility usage can include but is not limited to the following:Live Fire courses.Fire In- Service,High Rise Drills,Hazardous Materials CE,Water Rescue,and Technical Rescue Team(TRT)training. Instructional staff for these courses will consist of instructors approved by Fort Worth Fire Department(FWFD). Additional FWFD instructional staff may be added upon request or based on class demands at a predetermined cost.Indirect costs are not included it this grant(ALL COUNCIL DISTRICTS) A Form 1295 is not required for this contract because:This contract will be with a governmental entay,state agency or pubic institution of higher education:Tarrant County College District FISCAL INFORMATION I CERTIFICATION: The Director of Finance certifies that,upon approval of the above recommendations and adoption of the attached ordinance,funds will be avalable,as appropriated,in the Grants Other Fund. The ire Department has the responsibility for the collection and deposit of funds due to the City under this Agreement,and is also responsible for ensuring the availability of funds before incurring any obligation. This is an advance funding agreement- Submitted for Cj y in nnaaMes,Office by: Valerie Washington 6199 Originating Business Unit Read: Jim Davis 6801