Loading...
HomeMy WebLinkAboutContract 59734CSC No. 59734 Contract Approval Request Requestor: Karen Wells Dollar Amount of Contract: Account Number Dates of Contract 7/1/2023-TBD Purpose of This is an an Interlocal Agreement between the City of Fort Worth and Contract Weatherford College. The purpose of this Agreement is to partner with the Workforce Education. Department of Weatherford College to provide training in the area of Law Enforcement Academy. This agreement will be honored for up to three students total annually in exchange for the use of Fort Worth Police Department's Mock Village six days annually. I have read, understand and agree to the terms of the attached contract or agreement. Approval of Requestor: le ft4;.,j Department Chko, air or Uvision Director /Z� Dean (or y'ice P esi nt) 7/5/2023 Date 7/5/2023 Date OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ARTICLE 2. FORT WORTH'S RESPONSIBILITY FORT WORTH will provide: Facility for "simunitions" training for up to three academies (Six days/60 hours of training annually). Bob Bolen Public Safety Complex to include the complex and the potential to use outside areas for static, non -force related scenario training. Classroom space for debriefing and any restroom/break facilities so designed to accommodate students while on break from normal classroom or scenario -based training. Training and Classes: Students successfully completing the following courses pursuant to this Agreement will be awarded 752 hours/ 75.2 Continuing Education Units (CEUs) for the non- credit program known as the Law Enforcement Academy from Weatherford College. • CJLE 1006 Basic Peace Officer 1 176 hours- 17.6 CEUs • CJLE ] 012 Basic Peace Officer II 176 hours- 17.6 CEUs • CJLE ] 018 Basic Peace Officer 111 176 hours- 17.6 CEUs • CJLE 1024 Basic Peace Officer IV 176 hours- 17.6 CEUs • CJLE 1035 Police Academy Fitness I 48 hours- 4.8 CEUs Registration and Payment Procedures: Students must complete the on-line application, all program requirements, and register for their course online before the course begins. Weatherford College does not accept paper registration. There is no late registration. Fort Worth Police Department will have three (3) reserved spaces in the classes for zero (0) tuition in exchange for In -Kind Services and Partnership. The student will be responsible for additional fees or supplies above and beyond tuition. The reserved spaces are contingent on the course having the required student enrollment for the class to be held. Student Status: Participants will register as Weatherford College Workforce Education non-credit students. Students successfully completing the course(s) will receive a grade of pass (P) or no pass (N) that will be recorded on an official Weatherford College transcript. A student may request an "official transcript" from the Weatherford College Student Services Division or access an unofficial transcript online in their student Coyote Connect account. Interlocal Agreement Between City of Fort Worth and Weatherford College for Instructional partnership Agreement Page 2 of 15 ARTICLE S. IMMUNITY It is expressly understood and agreed that in the execution of this Agreement, no 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. ARTICLE 6. ASSIGNMENT WEATHERFORD COLLEGE shall not have the right to assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of FORT WORTH, which such right shall be granted solely at the discretion of FORT WORTH. ARTICLE 7. GOVERING LAW AND VENUE This Agreement shall be construed in accordance with the laws of the State of Texas. Venue for any action brought on the basis of this Agreement shall lie exclusively in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. In any such action, each party shall pay its own attorneys' fees, court costs and other expenses incurred as a result of the action. ARTICLE S. REMEDIES No right or remedy granted herein or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. ARTICLE 9. SE VERABILITY If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Interlocal Agreement Between City of Fort Worth and Weatherford College for Instructional Partnership Agreement Page 4 of IS ARTICLE 14. NO WAIVER The failure of either party to insist upon the performance of any provision or condition of this Agreement or to exercise any right granted herein shall not constitute a waiver of that party's right to insist upon appropriate performance or to assert any such right on any future occasion. ARTICLE 15. NON -APPROPRIATION OF FUNDS FORT WORTH and WEATHERFORD COLLEGE will use best efforts to appropriate sufficient funds to support obligations under this Agreement. However, in the event that sufficient funds are not appropriated by either party's governing body, and as a result, that party is unable to fulfill its obligations under this Agreement, that party (i) shall promptly notify the other party in writing and (ii) may terminate this Agreement, effective as of the last day for which sufficient funds have been appropriated. ARTICLE 16. RIGHT TO AUDIT WEATHERFORD COLLEGE agrees that FORT WORTH shall, until the expiration of three (3) years after termination of this Agreement, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers, records, and communications of WEATHERFORD COLLEGE involving transactions relating to this Agreement at no additional cost to FORT WORTH. WEATHERFORD COLLEGE agrees that FORT WORTH shall have access during normal working hours to all necessary WEATHERFORD COLLEGE facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. FORT WORTH shall give WEATHERFORD COLLEGE reasonable advance notice of intended audits. ARTICLE 17. LIABILITY Nothing in the performance of this Agreement shall impose any liability for claims against FORT WORTH or WEATHEROFRD COLLEGE other than claims for which liability may be imposed by the Texas Tort Claims Act. ARTICLE 18. AMENDMENTS No amendment to this Agreement shall be binding upon either party hereto unless such amendment is set forth in writing, and signed by both parties. Interlocal Agreement Between City of Tort Worth and Weatherford College for Instructional Partnership Agreement Page 6 of 15 ACCEPTED AND AGREED: CITY OF FORT WORTH By: -- Name: Fernando Costa .fun 30, 2023 Title: Assistant City Manager APPROVAL RECOMMENDED: By: e—',+pe�np dRdge",. .Iun 30,202311:29 COT) Name: Robert A. Alldredge Jr. Title: Executive Assistant Chief 4 q voon� ATTEST: of F°Rradd pro �9�d 4Vo 0°=4 Q�„�,_ .a s�1 �IIQQ nEXASatib By: U --- Name: Jannette Goodall Title: City Secretary WEATHERFORD COLLEGE By: (ram t ' -) l 1 Name: Dr. Andra Cantrel I Title: Executive Vice President 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. By: � G6 Name: Loraine Coleman Title: Administrative Services Manager APPROVED AS TO FORM AND LEGALITY: y — — Name: Andrea Phillips Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: (None Required) Date Approved: Form 1295 Certification No.: N/A Interlocal Agreement Between City of Fort Worth and Weatherford College for Instructional Partnership Agreement OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 8 of 15 jurisdiction of the Premises. 2.6 WEATHERFORD COLLEGE understands and agrees that the parking areas at the Premises are not for the exclusive use of WEATHERFORD COLLEGE and that FORT WORTH and the Premises' patrons may use the parking spaces at any time. 3.0 &(&1)0VVR TENANCY 3.1 Holdover Tenancy. Unless terminated earlier pursuant the terms of this Agreement, this Agreement will expire without further notice when the Term expires. Any holding over by WEATHERFORD COLLEGE after the Term expires will not constitute a renewal of the Agreement or give WEATHERFORD COLLEGE any rights in or to the Premises, except as a tenant at will. 4.0 DUTIES AND RESPONSIBILLIJES 4.1 In addition to any other duties and responsibilities set forth in this Agreement, WEATHERFORD COLLEGE shall: 4.1.1 Ensure that all Program Participants and any other individual using the Premises comply with any and all policies, rules, and regulations governing the use of the Premises. FORT WORTH will provide a copy of any such policies, rules, and regulations within a reasonable time after request by WEATHERFORD COLLEGE. 4.1.2 WEATHERFORD COLLEGE and Program Participants shall not remain in the Premises beyond WEATHERFORD COLLEGE's approved hours, except in instances of eminent danger to the Program Participants, severe weather conditions, emergencies declared by FORT WORTH and other situations determined in the sole discretion of FORT WORTH. 4.1.3 Notification of changes to Program schedules, including cancellation but excluding emergencies or Force Majeure Events, must be provided to FORT WORTH within 24 hours prior to schedule start time. In case of emergency or Force Majeure Events, WEATHERFORD COLLEGE must notify FORT WORTH promptly upon learning of such emergency or Force Majeure Events. 4.1.4 NOT USE THE PREMISES FOR ANY PURPOSE NOT SET FORTH IN THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, CONDUCTING ANY UNAUTHORZED BUSINESS. 4.1.6 Report any maintenance or repair needs to FORT WORTH as soon as practicable. 4.1.7 WEATHERFORD COLLEGE agrees to notify FORT WORTH promptly upon the receipt of any claim or lawsuit brought in connection with any injury, death, or damages at the Premises. WEATHERFORD COLLEGE agrees to make its officers, representatives, agents, and employees available to FORT WORTH, at all reasonable times, for any statements and case preparation necessary for the defense of any claims or litigation for which FORT WORTH may be responsible hereunder. WEATHERFORD COLLEGE shall place language in its contracts with contractors Interlocal Agreement Between City of Fort Worth and Weatherford College for Instructional Partnership Agreement Page 10 of 15 of the Services or schedule time set forth in this Agreement and in which WEATHERFORD COLLEGE found them. 6.2 WEATHERFORD COLLEGE will not do or permit to be done any injury or damage to the Premises, or any part thereof, or permit to be done anything that will damage or change the finish or appearance of the Premises or the furnishings thereof or any other property belonging to FORT WORTH by the erection or removal of equipment or any other improvemenis, alterations or additions. No decorative or other materials shall be nailed, tacked, screwed or otherwise physically attached to any part of the Premises, or to any of the furnishings or fixtures of FORT WORTH without the prior written consent of FORT WORTH. 6.3 Subject to ordinary wear and tear, WEATHERFORD COLLEGE will pay the costs of repairing any damage that may be done to the Premises or any of the fixtures, furniture or furnishings by any act of WEATHERFORD COLLEGE or any of WEATHERFORD COLLEGE's officers, representatives, servants, employees, agents, Program Participants, or anyone visiting the Premises upon the invitation of WEATHERFORD COLLEGE. FORT WORTH shall determine, in its sole discretion, whether any damage has occurred, the amount of the damage and the reasonable costs of repairing the damage, and whether, under the terms of this Agreement, WEATHERFORD COLLEGE is responsible. FORT WORTH shall be the sole judge of the quality of the maintenance and/or damage of the Premises, furnishings, fixture or furniture by WEATHERFORD COLLEGE. The costs of repairing any damage to the Premises shall be immediately due and payable by WEATHERFORD COLLEGE upon WEATHERFORD COLLEGE's receipt of a written invoice from FORT WORTH, 6.4 Subject to the prior written consent of FORT WORTH, WEATHERFORD COLLEGE may place any signs within the Premises necessary to indicate WEATHERFORD COLLEGE's name and location. Any sign shall be prepared and installed by WEATHERFORD COLLEGE, at the sole cost of WEATHERFORD COLLEGE, in accordance with applicable rules and regulations of FORT WORTH and in keeping with the Premises' decor. Any special requirements of WEATHERFORD COLLEGE contrary to the above must be made a part of this Agreement by written amendment. 7.0 FORCE MA.TETTRE 7.1 If either party is unable, either in whole or part, to fulfill its obligations under this License due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades; insurrections; riots; epidemics; public health crisis; earthquakes; fires; floods; restraints or prohibitions by any court, board, department, commission or agency of the United States or of any state; declaration of a state of disaster or of emergency by the federal, state, county, or FORT WORTH government in accordance with applicable law; issuance of an Imminent Threat Alert or Elevated Threat Alert by the United States Department of Homeland Security or any equivalent alert system that may be instituted by any agency of the United States; any arrests and restraints; civil disturbances; or explosion; or some other reason beyond the Party's reasonable control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. if a Force Majeure Event occurs, FORT WORTH may, in its sole discretion; close or postpone the opening of its Premises, parks, or other FORT WORTH - owned and operated properties and facilities in the interest of public safety and operate them as FORT Interlocal Agreement Between City of Fort Worth and Weatherford College for Instructional Partnership Agreement Page 12 of 15 11.0 ACCESS 11.1 WEATHERFO1kD COLLEGE will only use areas of the Premises that are approved in advance byFORT WORTH. 11.2 WEATHERFORD COLLEGE will assure that Program Participants adhere to the Services hours set forth in the Agreement. Earlier access may only be granted by arrangement. 11.3 Program Participants will not be allowed to congregate or loiter in front of the main entrance of the Premises or in the parking lot prior to 8:00 am or after 5:00pm. Werlocai Agreement Between City of Fort Worth and Weatherford College for Instructional Partnership Agreement Page 14 of 15