HomeMy WebLinkAboutContract 59521CSC No. 59521
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MEMORANDUM OF UNDERSTANDING
BETWEEN
City of Fort Worth
ANDTarrant County College
Adult Education Site Contract
Effective for the time period beginning in July 1, 2022 and ending June 30, 2023 for
the Tarrant County Adult Education and Literacy Consortium
PURPOSE
The purpose of this MOU is to establish the terms and conditions under Workforce Solutions for Tarrant
County (WSTC) and the Tarrant County Adult Education and Literacy Consortium (TCAELC) partners
which will meet the statement of responsibilities for each of the parties outlined in this agreement.
Workforce Solutions for Tarrant County serves the needs of businesses and residents in Tarrant County,
and administer funds for education and occupational training received from the Texas Workforce
Commission and the U.S. Department of Labor, Education and Training Administration. The Tarrant
County Adult Education and Literacy Consortium partners include Workforce Solutions for Tarrant
County (WSTC), Arlington Independent School District (AISD), Arlington Public Library, Fort Worth
Independent School District (FWISD), Tarrant County College District (TCCD), Tarrant Literacy
Coalition, and The Learning Center of North Texas (Link-ED). TCAELC is to provide adult education
services and programs to improve self-sufficiency for Tarrant County residents.
Site locations serving Adult Education and Literacy students must comply in agreement to the terms and
conditions outlined by WSTC and the TCAELC providers.
SERVICES
Services provided by the adult education and literacy provider have been outlined to provide one or all
of the following:
• Adult Basic Education (ABE) grade level 0-8.9 Literacy
• Adult Secondary Education (ASE/High School Equivalency) grade level 9-12
• English as a Second Language (ESL) and Citizenship
• Transition Classes
• Career Pathways
• Site -based Workplace Literacy
• Hiring of staff and compensation coverage including method of payment (instructors, site
facilities and aides)
• Instructional supplies and materials including textbooks and technology or software
• Student intake, assessments, and record keeping
• Development and distribution of outreach and recruitment materials
• Assessment and instructional support for persons with Learning Differences or Disabilities.
Services provided by the partner contract site will include the following:
• Adequate office and classroom space. Classroom space with WIFI capability and electrical
outlets sufficient for computing devices is preferred. Optional instructional materials are
whiteboards, chalk boards, and other materials associated with these.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 1
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• Assist in the promotion of adult education services to the community to enhance student
enrollment.
TERMS AND CONDITIONS
To establish the maintenance of all classes the following terms and conditions will be followed by
TCAELC to the partner site location (s). This MOU may be terminated without cause by either party
with written notice to the address listed above by mail (certified or hand delivery) within thirty (30) days.
I. Staffing:
a. Adult Education and Literacy (AEL) instructors must hold a Bachelor's Degree: valid Texas
Teacher Certificate is preferred
b. All staff members will meet minimum job qualifications and comply with professional
development training as required by the Texas Workforce Commission.
c. All instructional staff will be screened and selected by the AEL service provider. AEL service
providers are as follow: AISD, Arlington Public Library, FWISD and TCC.
II. Enrollment and Retention:
a. Students 19 years of age or older, not currently enrolled in school; 17 and 18 year olds may be
admitted only with official Texas Education Agency (TEA) letter of withdrawal from their
respective school districts and with their parent permission. For homeless 17 and 18 year olds,
a written Self Attestation Letter must be provided stating living situation and eligibility.
b. Student social security number or other official form of ID.
c. Student recruitment will be in cooperation with city organizations, workforce centers,
community based organizations, faith based organizations, area schools and Workforce
Solutions for Tarrant County Communications and Marketing Department.
d. Equal opportunity is provided by WSTC and TCAELC for all students who participate in
adult education programs in accordance to the Civil Rights Act of 1964, Title VII. Students
cannot be discriminated based on race, color, religion, sex or country of origin. Title I and
Title V of the Americans with Disabilities Act of 1990, as amended (ADA) prohibiting the
discrimination against individuals with disabilities.
e. A minimum of 20 students must be identified to establish a class along with a minimum
average class attendance of 15 students must be maintained on a monthly basis.
f. Classes having less than the required minimum average class attendance per month may be
closed within one (1) month. For consideration to avoid class closure, written justification
documenting evidence of improved attendance is acceptable.
g. No student tuition or fees shall be charged for adult education as a condition for membership
and participation in class.
III. Record Keening and Reporting:
a. All student enrollment information, progress records and student books will be kept in a
secured location to prevent the release of Personal Identifiable Information (PII).
b. The Instructor will submit the student records and reports as required by WSTC on TEAMS.
Additional documentation must be kept secured and available for monitoring:
c. Student Portfolios
d. Student Enrollment Forms
e. Student Attendance Records
f. Monthly Class Attendance Report
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PROGRAM SUPERVISION:
Monitoring, coordination, and supervision of the program and staff will be the responsibility of each
TCAELC partner in compliance with all pertinent TWC regulations and guidelines. Each site is to be
monitored once per quarter of the current fiscal year. Copies of the site monitoring report will be provided
to the Site Location and WSTC. Originals are to be held at the Service Provider administration office
location.
FUNDING:
Not withstanding anything provided to the contrary, it is understood and agreed that the anticipated
services under this agreement are limited and expressly subject to the availability and receipt of funds by
WSTC from TWC.
MISCELLANEOUS:
The construction, interpretation and enforcement of this MOU shall be governed the laws of the State of
Texas. Either party may cancel this agreement within a thirty (30) day notice.
SIGNATURES:
In witness whereof, the parties to this MOU through their duly authorized representatives have executed
this MOU on the days and dates set out below, and certify that they have read, understood, and agreed to
the terms and conditions of this MOU as set forth herein.
Executed this 6 day of 05 , 2022
Elva LeBlanc Ph.D. Chancellor Elva LeBlanc Date: l022.08d8 Elva LeBlanc
Print: t Date: 2022.08.1814:31:08-05'00'
Authorized TCAELC Partneraitle Signature
E-Mail Address: chancellors.office@tccd.edu
Please Print
Telephone 017) 515 -5201 Fax ( ) -
Mailing Address of TCAELC Partner: 300 Trinity Campus Cir. Fort Worth Texas 76102
Street City State Zip Code
Print: Jesica McEachern, Assistant City Manager cps
Authorized Site Contract Representative/Title Signature
E-Mail Address: Jesica.McEachern@fortworthtexas.gov
Please Print
Telephone (817) 392 -6192 Fax ( ) -
Mailing Address of Site Provider:
Acknowledged Receipt of copy:
200 Texas St. Fort Worth
Street City
Print:
Authorized Workforce Solutions for Tarrant County Representative
E-Mail Address:
Telephone ( ) -
Mailing Address of WSTC
Please Print
Fax ( ) -
Texas 76102
State Zip Code
Signature
1320 S. University Drive Suite 600, Fort Worth, TX 76107
Street City State Zip Code
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ADDENDUM TO MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF FORT WORTH
AND TARRANT COUNTY COLLEGE
This Addendum to Memorandum of Understanding Agreement ("Addendum") is entered
into by and between Tarrant County College ("Agent") and the City of Fort Worth ("City"),
collectively the ("Parties"), for an Adult Education and Literacy Consortium beginning July 1,
2022 and ending June 30, 2023.
The Contract documents shall include the following:
1. The Memorandum of Understanding Agreement; and
2. This Addendum.
Notwithstanding any language to the contrary in the attached Memorandum of
Understanding Agreement (the "Agreement"), the Parties hereby stipulate by evidence of
execution of this Addendum below by a representative of each party duly authorized to bind the
parties hereto, that the parties hereby agree that the provisions in this Addendum below shall be
applicable to the Agreement as follows:
1. Term. The Agreement shall be effective on July 1, 2022 ("Effective Date") and
expire on June 30, 2023 (the "Expiration Date"), unless terminated earlier in accordance with the
provisions of the Agreement or otherwise extended by the parties.
2. Termination.
a. Convenience. Either City or Provider may terminate the Agreement at any
time and for any reason by providing the other party with 30 days written notice of
termination.
b. Breach. If either party commits a material breach of the Agreement, the non -
breaching Party must give written notice to the breaching party that describes the breach
in reasonable detail. The breaching party must cure the breach ten (10) calendar days after
receipt of notice from the non -breaching party, or other time frame as agreed to by the
parties. If the breaching party fails to cure the breach within the stated period of time, the
non -breaching party may, in its sole discretion, and without prejudice to any other right
under the Agreement, law, or equity, immediately terminate this Agreement by giving
written notice to the breaching party.
C. Fiscal Funding Out. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify
Provider of such occurrence and the Agreement shall terminate on the last day of the fiscal
period for which appropriations were received without penalty or expense to the City of
any kind whatsoever, except as to the portions of the payments herein agreed upon for
which funds have been appropriated.
Addendum to Memorandum of Understanding Agreement Page 1 of 5
d. Duties and Obligations of the Parties. In the event that the Agreement is
terminated prior to the Expiration Date, City shall pay Provider for services actually
rendered up to the effective date of termination and Provider shall continue to provide City
with services requested by City and in accordance with the Agreement up to the effective
date of termination. Upon termination of the Agreement for any reason, Provider shall
provide City with copies of all completed or partially completed documents prepared under
the Agreement. In the event Provider has received access to City information or data as a
requirement to perform services hereunder, Provider shall return all City provided data to
City in a machine readable format or other format deemed acceptable to City.
3. Attornevs' Fees, Penalties, and Liquidated Damages. To the extent the attached
Agreement requires City to pay attorneys' fees for any action contemplated or taken, or penalties
or liquidated damages in any amount, City objects to these terms and any such terms are hereby
deleted from the Agreement and shall have no force or effect.
4. Law and Venue. The Agreement and the rights and obligations of the parties hereto
shall be governed by, and construed in accordance with the laws of the United States and state of
Texas, exclusive of conflicts of laws provisions. Venue for any suit brought under the Agreement
shall be in a court of competent jurisdiction in Tarrant County, Texas. To the extent the Agreement
is required to be governed by any state law other than Texas or venue in Tarrant County, City
objects to such terms and any such terms are hereby deleted from the Agreement and shall have
no force or effect.
5. Sovereign Immunity. Nothing herein constitutes a waiver of City's sovereign
immunity. To the extent the Agreement requires City to waive its rights or immunities as a
government entity; such provisions are hereby deleted and shall have no force or effect.
6. Indemnity. To the extent the Agreement requires City to indemnify or hold
Provider or any third party harmless from damages of any kind or character, City agrees only to
indemnify Provider to the extent allowed by law.
7. No Debt. In compliance with Article 11 § 5 of the Texas Constitution, it is
understood and agreed that all obligations of City hereunder are subject to the availability of funds.
If such funds are not appropriated or become unavailable, City shall have the right to terminate the
Agreement except for those portions of funds which have been appropriated prior to termination.
8. Confidential Information. City is a government entity under the laws of the State
of Texas and all documents held or maintained by City are subject to disclosure under the Texas
Public Information Act. To the extent the Agreement requires that City maintain records in
violation of the Act, City hereby objects to such provisions and such provisions are hereby deleted
from the Agreement and shall have no force or effect. In the event there is a request for information
marked Confidential or Proprietary, City shall promptly notify Provider. It will be the
responsibility of Provider to submit reasons objecting to disclosure. A determination on whether
such reasons are sufficient will not be decided by City, but by the Office of the Attorney General
of the State of Texas or by a court of competent jurisdiction.
Addendum to Memorandum of Understanding Agreement Page 2 of 5
9. Addendum Controlling. If any provisions of the attached Agreement, conflict with
the terms herein, are prohibited by applicable law, conflict with any applicable rule, regulation or
ordinance of City, the terms in this Addendum shall control.
10. Immigration Nationalitv Act. Provider shall verify the identity and employment
eligibility of its employees who perform work under this Agreement, including completing the
Employment Eligibility Verification Form (I-9). Upon request by City, Provider shall provide
City with copies of all I-9 forms and supporting eligibility documentation for each employee who
performs work under this Agreement. Provider shall adhere to all Federal and State laws as well
as establish appropriate procedures and controls so that no services will be performed by any
Provider employee who is not legally eligible to perform such services. PROVIDER SHALL
INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES,
OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY PROVIDER, PROVIDER'S
EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to
Provider, shall have the right to immediately terminate this Agreement for violations of this
provision by Provider.
11. No Bovcott of Israel. If Provider has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. Provider acknowledges that in accordance with Chapter
2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it: (1) does
not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel"
and "company" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code.
By signing this Agreement, Provider certifies that Provider's signature provides written verification to the
City that Provider: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
Agreement.
12. Right to Audit. With the exception of goods and services that are donated by
Provider, or for which City has not paid any funds, Provider agrees that City shall, until the
expiration of three (3) years after final payment under the Agreement, have access to and the right
to examine any directly pertinent books, documents, papers and records of Provider involving
transactions relating to the Agreement. Provider agrees that City shall have access during normal
working hours to all necessary Provider facilities and shall be provided adequate and appropriate
workspace in order to conduct audits in compliance with the provisions of this section. City shall
give Provider reasonable advance notice of intended audits.
13. Electronic Signatures. This Agreement may be executed by electronic signature,
which will be considered as an original signature for all purposes and have the same force and
effect as an original signature. For these purposes, "electronic signature" means electronically
scanned and transmitted versions (e.g. via pdf file or facsimile transmission) of an original
signature, or signatures electronically inserted via software such as Adobe Sign.
14. The City is a governmental entity under the laws of the state of Texas and pursuant
to Chapter 2259 of the Texas Government Code, entitled "Self -Insurance by Governmental Units,"
is self -insured and therefore is not required to purchase insurance. To the extent the Agreement
Addendum to Memorandum of Understanding Agreement Page 3 of 5
requires City to purchase insurance, City objects to any such provision, the parties agree that any
such requirement shall be null and void and is hereby deleted from the Agreement and shall have
no force or effect. City will provide a letter of self -insured status if requested by Vendor.
(signature page follows)
Addendum to Memorandum of Understanding Agreement Page 4 of 5
IN WITNESS WHEREOF, the Parties have executed this Memorandum of
Understanding and Addendum in multiples in Tarrant County, Fort Worth, Texas to be
effective on the date set forth in Section 1.
City:
By: cv��
Name: Jesica McEachern
Title: Assistant City Manager
Date: May 31, 2023
Provider:
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By: Elva LeBlanc (May 31, 2023 15:57 CDT)
Name: Elva LeBlanc
Title: Ph. D, Chancellor
Date: May 31, 2023
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommended: Contract Compliance Manager:
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By signing I acknowledge that I am the
person responsible for the monitoring and
By: I& administration of this contract, including
Name: Dave Lewis ensuring all performance and reporting
Title: Acting Director requirements.
Park & Recreation Department
By:
Name: Kelli Pickard
Title: Assistant Director
Park & Recreation Department
Approved as to Form and Legality:
By:
Name: Taylor Paris
Title: Assistant City Attorney
Contract Authorization:
M&C: N/A
Form 1295: N/A
By:
Name: Sheri Endsley
Title: District Superintendent
Park & Recreation Department
City Secretary
By:
Name:
Jannette S. Goodall
Title:
City Secretary
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Addendum to Memorandum of Understanding Agreement Page 5 of 5