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CM-10-03-061DATE: March 8, 2010 SUBJECT: City Manager Approval — March 12, 2010 ITEM: Consider executing a training agreement with Tarrant County College District Fire Service Center for swift water rescue training. Department: Fire Staff Person: Charles Meserole, Administrative Manager Justification: This Training Agreement is requested by the Tarrant County College District Fire Service Center. It states what training our firefighters will be receiving, what our department is responsible for, general guidelines and liability clauses. Strategic Plan Relevance: 30.0 Residents, Visitors and Business continue to experience a high and timely level of public safety and security. Funding: Cost: $2,227.50 Source of funds: General Funds Outside Resources (if applicable): N/A Public Comment (if applicable): N/A UPDATED: October 19, 2009 Tarrant County College NORTHWEST CAMPUS 4801 Marine Creek Parkway • Fort Worth, Texas 76179-3599 • 817-515-7100 TARRANT COUNTY COLLEGE DISTRICT FIRE SERVICE TRAINING CENTER TRAINING AGREEMENT The following is a TRAINING AGREEMENT between Tarrant County College District (TCCD) Fire Service Training Center (FSTC) and Round Rock Fire Department. Course Title: Swiftwater Rescue Technician Effective Dates: May 3 — 7, 2010 TARRANT COUNTY COLLEGE DISTRICT (TCCD) WILL: 1. Provide one (1) 50 -hour Continuing Education course at TCC from the following: ■ Swiftwater Rescue Technician FIRS 1090 (50 hrs) 1 Session 2. Ensure that the maximum number of students registered for this section does not exceed six (6) students per session. 3. Provide a TCFP licensed coordinator of record for this course and ensure instructional quality control, i.e. The College reserves the right to approve/disapprove/remove instructor. 4. Provide all utilities necessary to complete scenarios. 5. Maintain permanent records of student's participation via a transcript made available to students upon request to the Registrar's Office. 6. Maintain site authority. 7. Provide certificates of completion and/or certificates of participation upon successful completion of the course to the Fire Chief or Fire Training Officer. 8. Provide proper college orientation to instructors and students prior to the beginning of the program. 9. Provide access to TCCD facilities necessary for completion of the course. 10. Provide an invoice for $2,227.50 upon commencement of training. ROUND ROCK FIRE DEPARTMENT WILL: 1. Assure a maximum of six (6) students per session is not exceeded. 2. Provide oversight of student scheduling and attendance. 3. Assure payment in the amount of $2,227.50 due upon receipt of invoice. GENERAL GUIDELINES: 1. If classes must be canceled because of severe weather or other unforeseen circumstances, rescheduling will be made as soon as possible at a time mutually agreeable to both parties. 2. Modifications or termination of the above agreement will be made only upon agreement between Tarrant County College District and Round Rock Fire Department. 3. Round Rock Fire Department and TCCD agree that neither is the agent, servant, officer and/or employee of the other and, that nothing in this agreement creates, grants, or assigns rights or responsibilities to act as a joint venture, partnership, or agent one to the other. In addition: Round Rock Fire Department agrees to be responsible for any liability or damages the College may suffer as a result of claims, demands, costs, or judgments, including reasonable attorney fees, against the department, arising out of its performance of this agreement, or arising from any accident, injury or damage, whatsoever, to any person or persons, or to the property of any person(s) or corporation(s) occurring during the performance of the agreement and caused by the sole negligence of the department, its agents, servants, officers and/or employees. TCCD agrees to be responsible for any liability or damages that TCCD may suffer as a result of claims, demands, costs, or judgments, including reasonable attorney fees, against TCCD, arising out of its performance of this agreement, or arising from any accident, injury or damage, whatsoever, to any person or persons, or to the property of any person(s) or corporation(s) occurring during the performance of the agreement and caused by the sole negligence of TCCD, its agents, servants, officers and/or employees. Round Rock Fire Department and TCCD agree that any liability or damages as stated above occurring during the performance of this agreement and caused by the joint or comparative negligence of the department, TCCD, their agents, servants, officers and/or employees shall be determined in accordance with the Comparative Responsibility Laws of The State of Texas. Further, nothing in this agreement waives any immunity, protection, right, limitation or cap on damages, as recognized in the Texas Tort Claims Act as to either of the parties, or as to any third party. FOR ROUND ROCK FIRE DEPARTMENT: R. Nuse, P.E anager FOR TARRANT COUNTY COLLEGE DISTRICT: Coord' or, Fire Service Training Center Dean, Public Services & Social/Behavioral Sciences • Vice esident f. ogfinuing Education . �v Date 7—/c) Date Date 10.1909 Request for City Council/City Manager Action GM City Council (m City Manager Submit completed form for all City Manager and City Council approvals. Department Name: Fire Department Contact Person: Charles Meserole / Billy Wusterhausen Project Mgr/Resource: Charles Meserole Project Coordinator. N/A Assigned Attorney: N/A City Council or City Manager Approval Date: Agenda Wording For ,.e--ti-ir ratX,r •J-: ONLY v'f1rn Received• Tag#: DTI -ID -03-04A Original Documents Received: Project Name: Swift Water Training ContractorNendor: N/A Funding Source: General Fund Additional funding Source: N/A 12 -Mar -10 Amount: $2,227.50 Account Number: 5434-100-22000 Consider executing a training agreement with Tarrant County College District Fire Service Center for swift water rescue training. Finance Information Is Funding Required? Yes l No Q Initial Construction Contract Construction Contract Amendment n Change Order # Change in Quantity Unforeseen Circumstances Initial Professional Services Agreement ED Supplemental Professional Service Agreement # Purchasing/Service Agreement Purchase Order Item(s) to be purchased Other (Please clearly identify action below) Amount $2,227.50 Project Mgr. Signature: Dept. Director Sign- I2 (� t/ Date: /0 C40/1 'City Attorney Signature: City Manager Signature: - Date: 'city Attorney signature is required for all items. REVISED 3/10/2010 CITY OF ROUND ROCK CONTRACT MANAGEMENT SECTION CONTRACT APPROVAL FORM FOR CITY MANAGER ACTION Required for Submission of Specific City Manager Items Under $20,000 Department Name: Fire Department Project Mgr/Resource: Charles Meserole LiCouncil Action: ORDINANCE Project Name: SWIFT Water Training Agreement Tarrant County College District Fire ContractorNendor: Service Training Center Q RESOLUTION Agenda Wording =City Manager Approval CMA Wording Consider executing a training agreement with Tarrant County College District Fire Service Training Center for swift water rescue training. Approval X❑ Employee EE Bowden Notes/Comments —"Date 3/2/10 The City will sign first, then obtain TCCD approval signatures