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
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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
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ATTEST: of F°Rradd
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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