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HomeMy WebLinkAboutContract 46861 PM 1 2CITY SECRETA 3 Q MEMORANDUM OF UNDERSTANDING BETWEEN %JOMTRACT NO. RECEIVED THE CITY OF FORT WORTH—POLICE DEPARTMENT CP o JUL 2 22015 fo AND CITY OF FORT WORTH CHYSECRETARY ati TARRANT COUNTY COLLEGE DISTRICT This Memorandum of Understanding (MOU) is made and entered into by and between the CITY OF FORT WORTH("the City"), a home rule municipal corporation,acting by and through the Fort Worth Police Department (FWPD) and Tarrant County College District ("TCCD" or "College"), a legally constituted junior college district located within Tarrant County, Texas, acting by and through Dr. Arrick Jackson, Vice President of Community and Industry Education Services, Northwest Campus. I. PURPOSE TCCD-Northwest Campus.which is located at 4801 Marine Creek Parkway in Fort Worth,Texas, has an established Criminal Justice Training center and offers an Associates of Applied Science Degree Program. The City of Fort Worth Police Department has a need to partner with TCCD to obtain college credit hours for its police personnel. Both parties agree that this MOU is necessary for the benefit of the public, the City of Fort Worth as well as its citizens will benefit from a more educated Police Department. II. RESPONSIBILITIES OF PARTIES TCCD will provide: A. Up to 15 college hours of credit by experience to participating Fort Worth police personnel in accordance with TCCD policy. B. Course registration, administration, certificates of completion, and Continuing Education Units, if appropriate. C. A permanent record of each student's participation in each course via a transcript made available to students upon request. D. Access to TCCD facilities necessary for completion of courses. E. Evaluate (at no cost) the Fort Worth Police Department Cadet's transferable college level credits and provide a draft degree plan to the Cadet. The City will provide: A. Opportunities for TCCD to visit the academy sites and explain the program to each academy class. B. Necessary registration information to enroll each new police cadet as a continuing education student in order to capture training contact hours conducted at their basic police academy. This information will be used strictly for the purpose of student registration and will be protected under FERPA regulations. III. TERM This MOU will commence upon the date of execution ("Effective Date") and shall continue for a period not to exceed one (1) year ("Initial Term"). Following the Initial Term, this Agreement shall be renewable at the option of the City for four (4) additional terms of one year each. The City shall provide TCCD with written notice of its intent to ren ys prior to the end of each term. Memorandum of Understanding—City of F DOINGWA(RIECOMounty College District Page 1 of 4 CITY SECRETARY FT. WORTH, TX IV. TERMINATION Either party may terminate this MOU at any time and for any reason, with or without cause by providing the other party with thirty (30) days written notice of termination. V. AMENDMENT No amendment, modification, or alteration of the terms of this MOU shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the parties hereto. VI. NO AGENCY, PARTNERSHIP, OR JOINT ENTERPRISE This MOU 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. VII. INDEPENDENT CONTRACTOR Each party shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the other party. Each party shall have exclusive control of, and the exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees and subcontractors. The doctrine of respondent superior has no application as between the City and TCCD. VIII. ENTIRE AGREEMENT This MOU constitutes the entire understanding between the Parties concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall be void. IX. GOVERNMENTAL POWERS It is expressly understood and agreed that in the execution of this MOU, neither party waives or shall be deemed to hereby to waive any immunity or defense that would otherwise be available to it against claims arising in any way under this MOU. X. VENUE AND JURISDICTION Should any action, whether real or assert, at law or in equity, arise out of the execution, performance, attempted performance of this MOU, venue for said action shall lie in Tarrant County, Texas. Memorandum of Understanding—City of Fort Worth and Tarrant County College District Page 2 of 4 XI. APPLICABLE LA W This MOU shall be construed under and in accordance with Texas law. XII. NOTICES Notices to be provided hereunder shall be sufficient if forwarded to the other party by hand- delivery or via United States Postal Service certified mail, postage prepaid, to the address of the other party shown below. City of Fort Worth Tarrant County College District City of Fort Worth Northwest Campus Attn: Assistant City Manager Attn: Dr. Arrick Jackson 1000 Throckmorton Street 4801 Marine Creek Parkway Fort Worth, Texas 76102 Fort Worth, Texas 76179 XIII. EXCLUSIVITY This MOU is not intended to establish an exclusive provider relationship. XIV. ASSIGNABILITY Neither party may assign its rights or duties under this MOU without the prior written consent of the other party. XV. SEVERABILITY If any provision of this MOU is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. XVI. SIGNATURE AUTHORITY The person signing this MOU hereby warrants that he or she has the legal authority to execute this MOU on behalf of his or her respective Party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other Party is fully entitled to rely on this warranty and representation in entering into this MOU. Executed on this the2V9eday of l u I 2015. Memorandum of Understanding—City of Fort Worth and Tarrant County College District Page 3 of 4 CITY OF FORT WORTH: TARRANT COUNTY COLLEGE DISTRICT: By By: Rudolph J kson Randall Petersen Interim Assistant City Manager Director Date: 72o-{5 Date: e)-25- APPROVAL RLCOMMENDED: Rhonda K. Robertson Dr. Arrick Jackson Chief of Police Vice President of Continuing Education (pap APPROVED AS TO FOR�v1 AND LEGALITY: By: By. Yaky Dr. Joy Gates B ack Assistant City Attorney Vice Chancellor Academic Affairs/Student Success Contract Authorization: M&C: Date: ATTEST Q� V-°Rr� �.o By: 0 Mary J. kyser '% *0000000- �x<AS City Secretary %FICIAL RD Memorandum of Understanding City of Fort o College District Page 4 of 4�s1fA i L FT.WORTH,TX