Loading...
HomeMy WebLinkAboutContract 61310CSC No. 61310 MEMORANDUM OF UNDERSTANDING by and between CITY OF FORT WORTH and TEXAS A&M UNIVERSITY -COMMERCE This Memorandum of Understanding ("MOU") is entered into by and between the City of Fort Worth, Texas, a Texas home -rule municipality, acting by and through its duly authorized Assistant City Manager ("City"), and Texas A&M University -Commerce, a member of The Texas A&M University System, an agency of the State of Texas, on behalf the College of innovation and Design, hereinafter referred to as "A&M-Commerce." WHEREAS, A&M-Commerce intends to establish a collaboration with the Fort Worth Police Department ("Fort Worth PD") designed to increase the number of its graduating students who are members of the Fort Worth PD through the Competency -Based programs available within the College of Innovation and Design, respectively, at A&M-Commerce; and WHEREAS, it is deemed in the best interest of both parties that the parties enter into a mutually satisfactory MOU to share in this educational process; and WHEREAS, the purpose of this MOU is to provide preferred educational partnership between institutions, providing a bachelor's degree at no out-of-pocket expense for eligible Fort Worth PD employees. This MOU applies to the Bachelor of Science (BS) in Criminal Justice with an Emphasis in Law Enforcement Leadership degree. NOW THEREFORE, based on the mutual promises set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto have agreed as follows: Article I. Overview and Purpose Competency -Based Education (CBE) Academic Programs Qualifying employees at Fort Worth PD interested in obtaining a bachelor's degree may enroll in the competency -based academic programs within the College of Innovation and Design at A&M-Commerce. These degrees have been designed for adult learners and working professionals and offer instruction in a 100% online and flexible format. These programs maximize prior leaming by accepting up to 84 semester hours of community college, WECM, military, or other transcripted college credits to be used towards graduation requirements. Courses are offered via online delivery in 7-week terms, use Open Educational Resources (eliminating the need for textbooks), and are offered in a subscription tuition rate of $1000 per term (discounted $300 per term for active -duty certified peace officers). Students completing their initial courses are able to accelerate into additional courses to be completed at no additional cost within the 7-week term. Studcnts work at their own pace through course material, but receive wrap -around support from advisors and individualized feedback from instructors. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX This MOU extends to the following academic program: BS in Criminal Justice with an Emphasis in Law Enforcement Leadership: designed for law enforcement and peace officers seeking to obtain a bachelor's degree for advancement in their profession. This program recognizes TCOLE Basic Police Officer training with up to 30 semester hours of college credit, after 30 credit hours of college - level coursework has been completed at A&M-Commerce. 1.1 A&M-Commerce Responsibilities: 1. Provide direct admission to eligible Fort Worth PD employees to ensure a smooth and expedited admissions process. Qualifying employees are defined as Fort Worth Police Department existing employees who have successfully completed their Probationary Police Officer (PPO) period and who are employed as full-time peace officers by Fort Worth PD. 2. Provide specialized advising, mentoring, and academic tracking by a designated Competency -Based Education Success Team. This person will serve as liaison with Student Accounts to ensure students are advised of registering for terms within the boundaries of employee tuition assistance plans with the goal of no out-of-pocket expenses for Fort Worth PD employees. 3. Provide admission, advising, scholarship, and financial aid information, through a single designated fulltime Instructor + Program Liaison to Fort Worth PD employees who enroll at A&M-Commerce. 4. Collaborate with Fort Worth PD in marketing and promoting the program to employees. 5. Participate in college fairs and career week programs hosted by Fort Worth PD. 6. On an annual basis, provide a summary of student performance to the Fort Worth PD board or designee. 7. A&M-Commerce is accredited by the Southern Association of Schools and Colleges Commission on Colleges (SACSCOC), and all A&M-Commerce instructors of courses in this articulated program are in compliance with criteria as described in SACSCOC Principle 6.2.a. of the SACSCOC Principles of Accreditation. 8. It is understood by both parties that all students receiving a degree or certificate from A&M-Commerce must comply with SACSCOC Principle Section 9, items 4 and 5 of the Principles of Accreditation, Principle 9.4 requires that "at least 25% of the credit hours required for an undergraduate degree are earned through instruction offered by the institution awarding the degree" while Principle 9.5 requires "at least one-third of the credit hours required for a graduate or a post -baccalaureate professional degree are earned through instruction offered by the institution awarding the degree." Additional courses may be required to meet this Principle, at the participant's sole expense. 9. NeitherA&M-Commerce nor Fort Worth PD may use the SACSCOC logo in any of their materials or on websites. Use of the logo is reserved exclusively for the Southern Association of Colleges and Schools Commission on Colleges. 1.2 Fort Worth PD Responsibilities: 1. Collaborate with A&M-Commerce to market and promote the program to eligible employees of the Fort Worth PD. 2. Collaborate with A&M-Commerce to keep enrolled Fort Worth PD employees aware of employee tuition assistance terms, eligibility, and funding limits. 3. Maintain a point of contact for inquiries at: City of Fort Worth, Human Resources Department, Benefits Office. Questions may be directed to: HRWebmailQuestions@fortworthtexas.gov or 817-392-7750. 4. Nothing in this MOU obligates the City to make any payments to A&M-Commerce for any reason whatsoever, nor to enroll a minimum number of participants in the program. 1.3. Liability: To the extent allowed by Texas law, the parties agree to be responsible for their own proportionate share of liability for their own negligent acts and omissions, for claims, suits, and causes of action, including claims for property damage, personal injury, and death, arising out of or connected to this MOU. and as determined by a court of competent jurisdiction, provided that the execution of this MOU will not be deemed a negligent act. Article II. Duration of the MOU: 2.1. Term. This MOU will become effective upon the date of its signing by the City and shall have a term of five years unless terminated by either party. This MOU may be extended by mutual written consent of the parties. 2.2. Termination of the MOU. This MOU may be terminated by either party at any time prior to the expiration of this MOU by providing written notice to the other party at least 30 days in advance. Article III. Modification This MOU may be modified by mutual written consent of the parties. However, such modifications shall not retroactively alter the terms or conditions in force in such ways as to jeopardize the successful completion of existing activities. Article IV. Independent Contractor For the purposes of this MOU and all services to be provided hereunder, the parties shall be, and shall be deemed to be, independent contractors and not agents or employees of the other party. Neither party shall have authority to make any statements, representations, or commitments of any kind, or to take any action which shall be binding on the other party, except as may be explicitly provided for herein or authorized in writing Article V. Notices Any notice required or permitted under this MOU must be in writing, and shall be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address set out below. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, email, or other commercially reasonably means and will be effective when actually received. A&M-Commerce and Fort Worth PD can change their respective notice address by sending to Fort Worth PD a notice of the new address. Notices should be addressed as follows: A&M-Commerce: Mr. Travis Ball, M.Sc., CTPM Chief Procurement Officer and HUB Coordinator Texas A&M University -Commerce P.O. Box 3011 Commerce, TX 75429-301 1 City of Fort Worth: City Manager 100 Fort Worth Trail Fort Worth, TX 76102 Fax: 817-392-8502 With a copy to the City Attorney's Office at the same address and to: Police Department, Fiscal Command Senior Contract Compliance Specialist 505 W. Felix St. Fort Worth, TX 76115 Article V. Other Neither party is required to perform any term, condition, or covenant of this MOU if performance is prevented or delayed by a natural occurrence, a fire, an act of God, an act of terrorism, or other similar occurrence, the cause of which is not reasonably within the control of such party and which by due diligence it is unable to prevent or overcome. The validity of this MOU and all matters pertaining to this MOU, including but not limited to, matters of performance, non-performance, breach, remedies, procedures, rights, duties, and interpretation or construction, shall be governed and determined by the Constitution and the laws of the State of Texas. Pursuant to Section 85.18, Texas Education Code, venue for any suit filed against Texas A&M shall be in Brazos County, Texas. The dispute resolution process provided for in Chapter 2260 shall be used, as further described herein, to attempt to resolve a claim for breach of contract asserted by Fort Worth PD under the MOU. If Fort Worth PD's claim for breach of contract cannot be resolved by the Parties in the ordinary course of business, it shall be submitted to the negotiation process provided in Chapter 2260. To initiate the process, Fort Worth PD shall submit written notice, as required by Chapter 2260, to the Vice President of Business Administration or his or her designee. The notice shall also be given to the individual identified in the MOU for receipt of notices. Compliance by Fort Worth PD with Chapter 2260 is a condition precedent to the filing of a contested case proceeding under Chapter 2260. Fort Worth PD expressly acknowledges that A&M-Commerce is an agency of the State of Texas and nothing in this MOU will be construed as a waiver or relinquishment by A&M-Commerce of its right to claim such exemptions, privileges, and immunities as may be provided by law. Similarly, A&M-Commerce expressly acknowledges that the City of Fort Worth and its Fort Worth Police Department is a home -rule municipality and that nothing in this MOU will be construed as a waiver or relinquishment by Fort Worth PD of its right to claim such exemptions, privileges, and immunities as may be provided by law. The parties acknowledge that they are both entities that are obligated to strictly comply with the Public Information Act, Chapter 552, Texas Government Code, in responding to any request for public information pertaining to this MOU, as well as any other disclosure of information required by applicable Texas law. Upon written request, the parties will promptly provide specified contracting information exchanged or created under this MOU. Fort Worth PD acknowledges that A&M-Commerce may be required to post a copy of the fully executed MOU on its Internet website in compliance with Section 2261.253(a)(1), Texas Government Code. The requirements of SubchapterJ, Chapter 552, Texas Government Code, may apply to this agreement and Fort Worth PD agrees that the agreement can be terminated if Fort Worth PD knowingly or intentionally fails to comply with a requirement of that subchapter. Pursuant to Subchapter F, Chapter 2252, Texas Government Code, Fort Worth PD certifies that Fort Worth PD is not engaged in business with Iran, Sudan, or a foreign terrorist organization. Fort Worth PD acknowledges this MOU may be terminated and payment withheld if this certification is inaccurate. Fort Worth PD will preserve all contracting information, as defined under Texas Government Code, Section 552.003 (7), related to the MOU for the duration of the MOU and for seven years after the conclusion of the MOU. The undersigned parties bind themselves to the faithful performance of this MOU: CitL of Fort Worth PeiWilliam 4ohnson (A r 23, 2024 12:46 CDT) Signature Name:William Johnson Title: Assistant City Manager Date: Apr 23, 2024 Texas A&M UniversitL-Commerce Signature Name: Dr. Mark Rubin Title: President Date: April 18, 2024 Signature: 17V---- iL _ Name: Dr. amtn i Vacha-Haase Title: Provost and Vice President for Academic Affairs Date: CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approval Recommended: By: Robert Andre ge'(Apr 22,202414:15 CDT) Name: Robert A. Alldredge, Jr. Title: Executive Assistant Chief, Police Approved as to Form and Legality: By: 7Z4 Q Name: Trey Qualls Title: Assistant City Attorney Contract Authorization: M&C: N/A Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and adtninistration of this contract, including ensuring all performance and reporting requirements. By: 0iitum.fi Name: Loraine Coleman Title: Administrative Services Police City Secretary: By: Name: Jannette S. Goodall Title: City Secretary Manager, OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX