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HomeMy WebLinkAboutContract 63464CSC No. 63464 Facilities Use Agreement Tarrant County College City of Fort Worth Fort Worth ISD Police Academy THIS FACILITIES USE AGREEMENT (the "FUA") is entered into by and between the TARRANT COUNTY COLLEGE DISTRICT (the "TCC"), A Texas political subdivision of higher education, and CITY OF FORT WORTH ("CITY"), a home rule municipal corporation of the State of Texas, pursuant to the authority granted in compliance with Section 29.908 the Texas Education Code. WITNESSETH: Whereas, the parties desire to agree upon the operations of that certain Fort Worth Independent School District Police Academy (the "Academy") established pursuant to. the terms of that certain Instructional Agreement between Tarrant County College District and Fort Worth Independent School District Dual Credit Program State of Texas (the "MOU") dated upon the execution of this FUA, entered into by and between the parties hereto; NOW, THEREFORE, the parties to this FUA mutually agree to the following: 1) Use of Facilities • Fort Worth Police Department ("FWPD") will house the Fort Worth Independent School District Police Academy at the Fort Worth Police Academy, 505 W. Felix St. Fort Worth, TX 76115. Sole ownership of such building(s) lies with City. Operations will commence as of August 1, 2025. • TCC shall use the FWPD facility solely for instructional purposes and as related to agreed upon courses within the MOU. All other purposes will require the prior written consent of FWPD. • FWPD will provide TCC with a calendar with all scheduled events at this location on or before thirty (30) days before the commencement of each semester. 2) Furniture and Equipment • FWPD will provide the furniture and other items required for courses it intends to offer at the Academy. Any additional equipment required for classes TCC teaches at the Academy will be provided by TCC and will remain the property of TCC. TCC shall be responsible to track and inventory all equipment purchased by TCC and placed or installed at the Academy. • The parties shall repair and maintain any furniture and equipment they own and install in the Academy to industry certification standards and shall replace any of such furniture and equipment that is damaged beyond repair with equivalent replacement(s) that satisfy FWPD standards of selection. Provided, however, if it is conclusively determined that a OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX party, its agents, employees, invitees, or students were responsible for damage to the other parry's furniture or equipment, the former shall be responsible for the necessary repair or replacement. TCC will be assigned areas in the Academy for TCC instructors to secure teacher equipment and supplies. FWPD will exercise its best efforts to keep the area secure, but storage of materials in the secure storage is at the risk of TCC. FWPD and TCC will agree, before each semester, what consumable materials will be provided by each party. Each party will be responsible for the storage of the consumable materials on the Academy site. 3) Maintenance • Maintenance/ Custodial responsibilities will be that of FWPD and shall be to the same standard and intervals as other FWPD locations. 4) Utilities • FWPD shall provide and pay for all utilities used by the Academy facility, including electricity, water, sewer, and gas. • FWPD shall provide and pay for all communications facilities necessary for the operation of the Academy facility, including telephone, email, and computer networks. • The Academy facility, students, staff, and faculty shall have access to FWPD's communications and technology services as they are constituted from time to time, subject to the application of FWPD's Acceptable Use Guidelines as they are promulgated from time to time. • FWPD shall coordinate with TCC to provide access at the Academy facility to TCC's communications and technology networks and services. 5) Insurance • FWPD shall maintain the following insurance or ability to self -insure, at its sole cost and expense: 1) commercial general liability insurance applicable to the Academy building which provides, on an occurrence basis, a minimum per occurrence limit of $1,000,000; and 2) causes of loss -special form (formerly "all -risk") property insurance on the Academy building in the amount of the replacement cost thereof, as reasonably estimated by FWPD. The foregoing insurance and any other insurance carried by FWPD may be effected by a policy or policies of blanket insurance and shall be for the sole benefit of FWPD and under FWPD's sole control. TCC shall have no right or claim to any proceeds thereof or any rights thereunder. TCC shall maintain the following insurance or ability to self -insure, at its sole cost and expense: 1) commercial general liability insurance on an occurrence basis, a per occurrence limit of no less than $1,000,000; 2) causes of loss -special form (formerly "all- risk") property insurance covering the Furniture and other personal property of TCC within the Academy building in the amount of full replacement cost thereof, 3) $100,000 Bodily Injury per person, $300,000 per Bodily Injury per occurrence, and $100,000 Property damage per occurrence Auto Liability coverage; and 4) workers' compensation insurance as required by applicable statute. TCC shall provide FWPD with a certificate of coverage or other document demonstrating TCC's ability to self -insure. 6) Ingress, Egress, Access and Parking • FWPD grants TCC reasonable ingress and egress to the Academy building during the hours set forth, including without limitation the right to use adjacent streets and sidewalks owned and/ or controlled by FWPD. • Should TCC require access to the Academy building other than during normal operating hours, it will require the prior written consent of FWPD. 7) Safety and Health For the purpose of compliance with Texas Penal Code§ 46.03(a) (1), the Academy shall be considered the physical premises of a school. TCC shall not designate Academy as an area where concealed weapons may be carried. 8) Expiration or Termination • This FUA will begin on the date signed by the Assistant city Manager ("Effective Date") and will expire on September 30, 2026, unless terminated earlier in accordance with this agreement. City will have the option, in its sole discretion, to renew this FUA under the same terms and conditions for up to four (4) one-year renewal options. • City or TCC may terminate this FUA at any time and for any reason by providing the other party with at least 10 days written notice of termination. • In the event the MOU expires or is earlier terminated, exclusive use of the Academy building will revert to FWPD, and any furniture or equipment owned by TCC will be removed by TCC. • TCC shall be responsible for any damage caused by the removal of its Furniture and equipment. • TCC will use its best efforts to remove all of its furniture and equipment from the Academy facility on or before thirty (30) days after the expiration or earlier termination of the MOU. In the event TCC fails to remove all of the furniture and equipment as herein above provided, FWPD shall give TCC written notice requesting removal, and if TCC has not removed such remaining items on or before thirty (30) days after the date of such notice, FWPD shall have the right to inventory and/or utilize such remaining furniture and equipment without compensation to TCC. 0 Expiration or earlier termination of the MOU shall automatically terminate this FUA. EXECUTED in duplicate original counterparts effective upon the date indicated above. William hnson (Jun 17, 2025 09:39 CDT) 06/17/2025 William Johnson Date Assistant City Manager, City of Fort Worth v xj—,/ �P, 6/12/2025 Dr. Shelley Pearsdn �' Date Vice Chancellor and Provost, Tarrant County College District CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approval Recommended: By: RoberNildrec�ge (Jun 17, 2025 07:48 CDT) Name: Robert A. Alldredge Jr. Title: Interim Police Chief Approved as to Form and Legality: By: Name: Jerris Mapes Title: Senior 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 administration of this contract, including ensuring all performance and reporting requirements. By: Name: Loraine Coleman Title: Administrative Services Manager City Secretary: s`poF�^^ h�°a t gA°a°d o.1d ?Q AIIIl 9aoo aEX By: (\/ Name: Jannette S. Goodall Title: City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX