HomeMy WebLinkAboutContract 59857CSC No. 59857
FORT NORTH
ADDENDUM TO AGREEMENT BETWEEN THE CITY OF FORT WORTH AND
CRISTO REY FORT WORTH CORPORATE WORK STUDY PROGRAM, INC.
This Addendum is made a part of the Agreement between the City of Fort Worth,
("City"), a Texas home -rule municipality, and Cristo Rey Fort Worth Corporate Work Study
Program, Inc., a Texas not -for -profit corporation ("Work Study Corporation") an affiliated entity
with Cristo Rey Fort Worth College Preparatory, Inc., a Texas not -for -profit corporation ("Cristo
Rey"), each individually referred to as a "Party" and collectively referred to as the "Parties".
The terms and provision of this Addendum shall control to the extent there is a conflict
between the terms and conditions of this Addendum and the terms and conditions of the
Agreement.
I. COMPENSATION
Work Study Corporation shall provide City a correct and accurate invoice within thirty
days of the start of the Agreement. Work Study Corporation will be paid within thirty days of
receipt of a correct and accurate invoice. Work Study Corporation shall not perform any additional
services or bill for expenses incurred for City not specified by this Agreement unless City requests
and approves in writing the additional costs for such services. City shall not be liable for any
additional expenses of Work Study Corporation not specified by this Agreement unless City first
approves such expenses in writing. In no event shall City pay any amount in excess of one
hundred thousand dollars ($100,000.00) to Work Study Corporation during any term unless an
amendment to this Agreement is executed by the Parties.
Work Study Corporation shall register as a City supplier in order to receive compensation
prior to the start of the Agreement. Work Study Corporation shall submit invoices via the City's
Automated Invoice Management system.
This Agreement shall begin on September 1, 2023 and shall continue through August 31,
2024. Parties will have the option to renew this Agreement for additional one-year terms under the
same terms and conditions annually upon written mutual agreement of the Parties.
II. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT
ISRAEL
If Work Study Corporation has fewer than 10 employees or this Agreement is for less than
$100,000, this section does not apply. Work Study Corporation acknowledges that in accordance
with Chapter 2270 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" shall have the meanings ascribed
to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Work
OFFICIAL RECORD
CITY SECRETARY
Page 1 of 13 FT. WORTH, TX
Study Corporation certifies that Work Study Corporation's signature provides written verification
to the City that Work Study Corporation: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the contract.
III.
PROHIBITION ON BOYCOTTING ENERGY COMPANIES
Work Study Corporation acknowledges that, in accordance with Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, City is prohibited from
entering into a contract for goods or services that has a value of $100,000 or more that is to be paid
wholly or partly from public funds of City with a company with 10 or more full-time employees
unless the contract contains a written verification from the company that it: (1) does not boycott
energy companies; and (2) will not boycott energy companies during the term of the contract. The
terms "boycott energy company" and "company" have the meaning ascribed to those terms by
Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, §
2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by
signing this Agreement, Work Study Corporation certifies that its signature provides written
verification to City that Work Study Corporation: (1) does not boycott energy companies; and (2)
will not boycott energy companies during the term of this Agreement.
IV. CONFIDENTIALITY
Parties acknowledge that City is a public entity, so the terms of this contract are public
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 Work Study Corporation. It will be the responsibility of
Work Study Corporation 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.
V. AUDIT
Work Study Corporation agrees that City will have the right to audit the financial and
business records of the Work Study Corporation that relate to this Agreement (collectively
"Records") at any time during the Term of this Agreement and for three (3) years thereafter in
order to determine compliance with this Agreement. Throughout the Term of this Agreement and
for three (3) years thereafter, the Work Study Corporation shall make all Records available to City
on 200 Texas Street, Fort Worth, Texas or at another location in City acceptable to both parties
following reasonable advance notice by City and shall otherwise cooperate fully with City during
any audit. Notwithstanding anything to the contrary herein, this section shall survive expiration
or earlier termination of this Agreement.
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VI. INDEMNITY
City shall not be required to indemnify or hold Work Study Corporation harmless for any
claims, damages, and or liability of any sort caused by any action taken in connection with the
Agreement or Addendums. This shall also include that the City shall not be required to pay for any
attorney's fees, costs, or fees associated with any claim brought by or against Work Study
Corporation in connection with this agreement. To the extent the Agreement requires the City to
indemnify, hold harmless, or pay for any attorney's fees or other costs or fees on behalf of Work
Study Corporation, the requirement is expressly rejected and shall no longer be a part of the
Agreement.
VII.
INSURANCE
During the term of this Agreement, Work Study Corporation shall maintain in full force
and effect, at her own cost and expense, Commercial General Liability Insurance in at least the
minimum amount of $1,000,000 per occurrence with an annual aggregate limit of not less than
$2,000,000, and City shall be named as an additional insured on the insurance policy.
Work Study Corporation shall be responsible for any and all wrongful or negligent acts or
omissions of its employees and agents and for any causes of action arising under strict liability.
Additional Insurance Requirements:
Certificates of Insurance evidencing that Work Study Corporation has obtained all required
insurance shall be delivered to City prior to Work Study Corporation proceeding with the
Agreement.
2. Applicable policies shall be endorsed to name City an Additional Insured thereon, as its
interests may appear. The term City shall include its employees, officers, officials, agents,
and volunteers as respects the Contracted services.
3. Certificate(s) of Insurance shall document that insurance coverage specified herein are
provided under applicable policies documented thereon.
4. Any failure on part of City to request required insurance documentation shall not constitute
a waiver of the insurance requirements.
5. A minimum of thirty (30) days' notice of cancellation or material change in coverage shall
be provided to City. A minimum ten (10) day notice shall be required in the event of non-
payment of premium. Such terms shall be endorsed onto Work Study Corporation's
insurance policies. Notice shall be sent to Department of Risk Management, City of Fort
Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102.
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a. Insurers for all policies must be authorized to do business in the state of Texas or
be otherwise approved by City; and, such insurers shall be acceptable to City in
terms of their financial strength and solvency.
b. Deductible limits, or self -insured retentions, affecting insurance required herein
shall be acceptable to City in its sole discretion; and, in lieu of traditional insurance,
any alternative coverage maintained through insurance pools or risk retention
groups must be also approved. Dedicated financial resources or Letters of Credit
may also be acceptable to City.
C. Applicable policies shall each be endorsed with a waiver of subrogation in favor of
City as respects the Contract.
d. City shall be entitled, upon its request and without incurring expense, to review
Work Study Corporation's insurance policies including endorsements thereto and,
at City's discretion; Work Study Corporation may be required to provide proof of
insurance premium payments.
e. The Commercial General Liability insurance policy shall have no exclusions by
endorsements unless City approves such exclusions.
f. City shall not be responsible for the direct payment of any insurance premiums
required by the Agreement. It is understood that insurance cost is an allowable
component of Work Study Corporation's overhead.
g. All insurance required above shall be written on an occurrence basis in order to be
approved by City.
h. Subcontractors to Work Study Corporation shall be required by the Contractor to
maintain the same or reasonably equivalent insurance coverage as required for
Work Study Corporation. When subcontractors maintain insurance coverage,
Contractor shall provide City with documentation thereof on a certificate of
insurance. Notwithstanding anything to the contrary contained herein, in the event
a subcontractor's insurance coverage is canceled or terminated, such cancellation
or termination shall not constitute a breach by Work Study Corporation of the
Agreement.
VIII.
SIGNATURE AUTHORITY
The person signing this Agreement hereby warrants that he or she has the legal authority to execute
this Agreement 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 person or entity. The
other Party is fully entitled to rely on this warranty and representation in entering into this
Agreement. Should that person or entity not be authorized, the terms and conditions of this
Agreement shall be binding as against the signatore and she shall be subject to the terms and
conditions of this Agreement.
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[SIGNATURE PAGE FOLLOWS]
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ACCEPTED AND AGREED:
CITY OF FORT WORTH
By:
Jesica McEachern
Assistant City Manager
Date: 07/27/2023
APPROVAL RECOMMENDED:
By: l
Marilyn Marvin
Interim Library Director
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By:
Jannette Goodall
City Secretary
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: �
Timothy Shidal
Administrative Services Manager
APPROVED AS TO FORM AND LEGALITY:
By: A. W.
Andrea Phillips
Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C:
1295:
CRISTO REY FORT WORTH CORPORATE WORK STUDY PROGRAM, INC.:
By: Z�)CL4'6 Aze�—' galta ,
Name DaniAay Barton
Title Interim President
Date: 07/26/23
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 5 of 13
CRISTO REY FORT WORTH CORPORATE WORK STUDY PROGRAM, INC.
ADMINISTRATIVE SERVICES AGREEMENT
This AGREEMENT (hereinafter "Agreement") is entered into as of this date, by and between City of Fort
Worth (hereinafter "City"), and Cristo Rey Fort Worth Work Study Program, Inc., a TX not for profit
corporation (hereinafter "Work Study Corporation") an affiliated entity with Cristo Rey Fort Worth College
Preparatory, Inc., a TX not for profit corporation (hereinafter "Cristo Rey"). In consideration of the mutual
covenants contained herein, and other good and valuable consideration, the receipt and adequacy of which
is hereby acknowledged, the parties agree as follows:
1. General Contractual Relationship. Pursuant to the terms of this Agreement, City agrees to
provide Work Study Corporation with a total of one work/study position(s) and Work Study Corporation
agrees to provide City with a work team for the work/study position(s).
1.1. Each such work/study position shall equal full-time service during an approximate ten-month
period when school is in session, with optional extensions for additional work, subject to the mutual
agreement of Work Study Corporation and City.
1.2. Work Study Corporation shall endeavor to provide individuals who are duly qualified and skilled
in the areas in which their services are to be utilized.
1.3. Each work/study Position is filled by a team of four students from Cristo Rey with each student
working a maximum of. (i) two days per week; (ii) eight (8) hours per day; and (iii) sixteen (16)
hours per week. Furthermore, all student work will be conducted between the hours of 9:15 a.m.
and 6:15 p.m., Tuesday — Friday.
1.4. A more detailed job description is supplied by the City in Addendum A, attached hereto and
incorporated herein by this reference. City recognizes that Work Study Corporation has been
organized for educational purposes and that such purposes are of primary importance in Work
Study Corporation's performance under this Agreement.
2. Responsibilities of Work Study Corporation. Work Study Corporation shall be the employer
of the students.
2.1. Work Study Corporation affirms that its employment of minors as described in this
Agreement is in compliance with the minimum wage and youth employment provisions of
the Fair Labor Standards Act (FLSA), Texas' Compensation, Wages and Hours statutes and
administrative code, Texas' Education statutes and administrative code, and Texas'
Industrial Insurance statutes and administrative code. Work Study Corporation affirms
that its employment of students complies with the provisions of Code of Federal Regulations
(CFR) 29 570.33, 570.34, and 570.37. These standards require, among the matters, that each
company be assigned a faculty coordinator who will make at least two scheduled visits to the
City's workplace to confirm that the student worker(s) are employed in compliance with all
applicable provisions of the FLSA.
2.2. Work Study Corporation shall ensure that students do not miss scheduled class time to participate
in the work/study program. All students receive the minimum number of instructional hours
necessary for a fully accredited school college preparatory curriculum in the state of Texas.
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2.3. Work Study Corporation shall, in consultation with City, mentor and supervise the student
worker(s) by monitoring the attendance, appearance, conduct and performance of each assigned
student.
2.4. Work Study Corporation shall pay all required state, federal or local employment withholding
taxes for the work/study positions.
2.5. Work Study Corporation shall be solely responsible for providing any employment benefits,
workers compensation, liability insurance coverage and the like to student workers in the
work/study program. Copies of applicable insurance policies shall be provided upon request.
2.6. Work Study Corporation will consult with City in filling the work/study positions, but Work Study
Corporation retains the right to determine which student workers will fill the positions. City has
no right to approve or reject this determination, but City may reject any student so furnished if
City is reasonably dissatisfied with that student's performance. Work Study Corporation retains
the absolute right to substitute student workers for any work/study position from time to time, if
necessary.
3. Responsibilities of City. Pursuant to the terms of this Agreement, City shall direct student workers
in their day-to-day performance of the work/study positions and train them in specific skills required by
City when necessary, subject to the provisions of section two (2) above.
3.1. City agrees to not knowingly hire any Work Study Corporation students on any basis without the
prior consent of Work Study Corporation. Furthermore, City agrees to refrain from recruiting
student workers without Work Study Corporation consent.
3.2. When school is not in session, City may, with the consent of Work Study Corporation, opt to
participate in an extension of this contract for specifically designated students during such periods.
City agrees that the provisions of this contract will remain in full force and effect during any such
school year break employment, except that a student may work a maximum of. (i) eight (8) hours
per day; and (ii) forty (40) hours per week.
4. Term and Extension. The term of this Agreement shall commence on September 1, 2023 and
shall remain in full force and effect until August 31, 2024, (hereinafter "Term") and shall continue for
successive terms as agreed by the parties unless sooner terminated as provided herein. The terms and
conditions of this Agreement shall apply to any extended term, except that the fee applicable for each work
study position and the payment schedule set forth in Addendum B shall be amended to reflect Work Study
Corporation's then current fee and payment schedule generally applicable to Work Study Corporation's
clients.
5. Termination. This Agreement may be terminated by either Party upon thirty (30) days written
notice. The termination of this Agreement for any reason shall not in any way relieve City of its obligation
to pay Work Study Corporation for all amounts owing pursuant to the terms of this Agreement through the
date of termination.
6. Fee. City shall pay to Work Study Corporation the annual fee for each work/study team, in
accordance with the schedule attached hereto as Addendum B, and as it shall be updated in successive years
as agreed by the parties. City acknowledges that any and all payments made pursuant to this Agreement are
not to be considered charitable donations.
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7. Notice to Parties. All notices required or permitted to be served pursuant to this Agreement shall
be given or made in writing and shall be served personally or mailed by prepaid certified U.S. mail:
a) to City at:
City of Fort Worth
Attn: Jesica McEachern, Assistant City Manager
200 Texas Street
Fort Worth, TX 76102-6314
City of Fort Worth
500 West 3rd Street
Fort Worth, TX 76102-7305
Attn: Marilyn Marvin, Interim Library Director
AND TO Marilyn.Marvin@fortworthtexas.gov
b) to Work Study Corporation at:
Cristo Rey Fort Worth Work Study Program, Inc.
2633 Altamesa Blvd
Fort Worth, TX 75211
AND TO DBbarton@cristoreyfw.org
Any notice given in accordance with the provisions of this section shall be deemed to be effective, if
delivered, on the date of such delivery, or if by mail, upon the second day following the date of such mailing.
Each party must give notice to the other party of a change of its address for the purpose of giving notice
under this section within thirty (30) days.
8. Entire Agreement; Amendment; Modification. This Agreement, including the Addenda
attached hereto, contains the entire agreement between the parties regarding the subject matter contained in
it and supersedes all prior and contemporaneous agreements, representations, and understandings of the
parties. No supplement, modification, or amendment to this Agreement shall be binding unless executed
in writing and with the mutual assent of authorized representatives of the parties to this Agreement.
9. Severability. If any provision of this Agreement or its application to any person or circumstance
shall be determined by any court of competent jurisdiction to be invalid, illegal, or unenforceable to any
extent, the remainder of this Agreement or the application of such provision to such person or such
circumstance other than to those as to which it is so determined invalid and unenforceable shall not be
affected thereby, and each provision of this Agreement shall be valid and enforceable to the fullest extent
permitted by law.
10. Assignability. Neither party may assign or transfer this Agreement, or any rights pursuant thereto,
without the prior written consent of the other party.
11. Waiver. Failure of either party at any time to require performance by the other party hereto or to
claim a breach by such other party of any provision of this Agreement shall not be construed as a waiver of
any subsequent breach nor shall it diminish the effectiveness of this Agreement, nor any part hereof, nor
prejudice the party with respect to any subsequent action.
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12. Confidentiality and Public Announcements. Neither City nor Work Study Corporation shall
disclose the terms of this Agreement or issue any public announcements regarding the work/study program
without the prior written consent of the other party; provided, however, that:
12.1. City agrees to allow Work Study Corporation to use its name in certain publications in a
list form with the other corporate City's participating in the work/study program solely to
acknowledge City as participating in the work/study program, and;
12.2. Work Study Corporation agrees to allow City to use its name in order to acknowledge that
City is participating in the work/study program.
13. Time of the Essence. Time is of the essence with regard to all dates provided herein for
performance of any obligation by all parties.
14. Governing Law. This Agreement shall be governed by and construed in accordance with the laws
and judicial decisions of the State of Texas. All actions concerning this Agreement and the parties'
obligations hereunder and any breach or alleged breach of such obligations shall be brought exclusively in
the federal or state courts (as applicable) located in Tarrant County, Texas. Both parties hereby agree to
the exclusive jurisdiction and venue of such courts and hereby waive any defenses such party may have to
such forum on any basis.
Cristo Rey Fort Worth College Preparatory Initialsz?
City Initials,->`'''`
15. Paragraph Headings. The paragraph headings of this Agreement are for reference only and shall
not be considered in the interpretation of the Agreement.
16. Execution Copies. This Agreement may be simultaneously executed in several counterparts, each
of which so executed shall be deemed to be an original, and such counterparts together shall constitute one
and the same document. Further, a copy of this Agreement shall for all purposes be deemed an original and
a facsimile or scanned copy of an original signature shall be deemed an original signature.
IN WITNESS WHEREOF, the parties, each by its duly -authorized representative, have executed this
Agreement of its own free act and deed as of the date first above written.
Dated July, 26th , 2023. Dated July, 27
Cristo Rey Fort Worth Work Study Program, Inc. City of Fort Worth
A Texas Not -For -Profit Corporation A Texas home rule municipality
7�a4�e" Aizz- C�t�
By: Dan] Rayd4arton By: Jesica McEachern
92023
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ADDENDUM A
DESCRIPTION OF WORK/STUDY POSITION
Company: Fort Worth Public Librarv, Citv of Fort Worth
Work/Study Position Title: Library Student Worker
School Year: 2023-2024
Site 1:
Primary Work/Study Location:
Immediate Supervisor:
Title:
Phone:
Email:
Site 2:
Primary Work/Study Location:
Immediate Supervisor:
Title:
Phone:
Email:
Vivian J. Lincoln Library
Chamona Siona
Branch Manager
817-392-5832
Chamon2. Sion2(a,fortworthtexas. 2ov
Rebv Cary Youth Library
Jennv Dean
Branch Manager
817-392-7265
Jennv.Deannfortworthtexas. aov
Work/Study Responsibilities:
1. Page library materials
2. Prepare materials for Library materials
3. Greet the public at the service desk and assist with customer questions
Required/Desired Skills (e.g., word-processing):
1. Ability to put items in alphabetical or numerical order
2. Customer service skills
3. Interest in serving the public
Most Important Performance Criteria:
1. Customer service skills
2. Dependability
3. Ability to follow instructions while paging or prepping program materials
Will students be required to leave the work place at any time? No, student will not be required to
leave the work site.
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ADDENDUM B
2023-2024 PAYMENT SCHEDULE
Cristo Rey Fort Worth Corporate Work Study Program, Inc.
Schedule (Date Invoice Sent):
September 1
October 1
November 1
December 1
January 1
February 1
March 1
April 1
May 1
June 1
Plan I Plan II Plan III
Annual Payment Semiannual Payment Quarterly Payment
$35,360 $17,680 $8,840
$8,840
$17,680 $8,840
Payment Choice: (Please circle one) Plan I Plan 11 Plan III
City of Fort Worth opts for annual payments or Plan 1.
Signed: 0�4 Date: 07/27/2023
Name:
Jesica McEachern
Title:
Assistant City Manager
Firm:
City of Fort Worth
Address:
200 Texas Street
Fort Worth, TX 76102-6314
Work Study Corporation shall register as a City supplier in order to receive compensation prior to
the start of the Agreement. All invoices should be submitted to
Supplierinvoices@fortworthtexas.gov with a copy to the billing contact listed in Addendum C.
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ADDENDUM C
COMPANY CONTACTS
CA Supervisor Information — Employee of City that will provide immediate supervision of the
Student Worker(s).
Name:
Chamong Siong
Title:
Branch Manager, Vivian J. Lincoln Library
Address:
8829 McCart Avenue, Fort Worth, TX 76123
Work phone:
817-392-5823
Cell phone:
682-287-4239
Email:
Chamong.Siong@fortwortexas.gov
Name:
Jenny Dean
Title:
Branch Manager, Reby Cary Youth Library
Address:
3851 E Lancaster Ave, Fort Worth, TX 76103
Work phone:
817-392-7265
Cell phone:
Email:
Jenny.Dean@fortwortexas.gov
C.2 Program Coordinator Information — Employee of City that coordinates the implementation of
the program and oversees Supervisor(s).
Name: Cristi Lemon
Title: Organizational Development Manager, Fort Worth Public Library
Address: 500 W 3' Street, Fort Worth, TX 76102
Work phone: 817-392-7797
Email: Cristi.Lemon@fortworthtexas.gov
C.3 Contract Renewal Liaison Information — Employee of City that manages annual contract
renewal.
Name: Timothy Shidal
Title: Administrative Services Coordinator
Address: 500 W 3' Street, Fort Worth, TX 76102
Work phone: 817-392-7719
Email: Timothy.Shidal@fortworthtexas.gov
CA Billing Contact Information — Employee of City that should receive invoices.
Name:
Timothy Shidal
Title:
Administrative Services Coordinator
Address:
500 W 3' Street, Fort Worth, TX 76102
Work phone:
817-392-7719
Email:
Timothy. Shidal@fortworthtexas.gov
Invoices:
Supplierinvoices@fortworthtexas.gov
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C.5 Public Relations Information — Employee of City that manages public relations or marketing
activity associated with the partnership.
Name: Theresa Davis
Title: Communications Manager, Fort Worth Public Library
Address: 500 W 3rd Street, Fort Worth, TX 76102
Work phone: 817-392-7338
Email: Theresa.Davis@fortworthtexas.gov
C.6 Other Information — Employee of City that should receive information on the program, approve
the program, or otherwise.
Name:
Marilyn Marvin
Title:
Interim Library Director, Fort Worth Public Library
Address:
500 W 3rd Street, Fort Worth, TX 76102
Work phone:
817-392-7708
Email:
Marilyn.Marvin@fortworthtexas.gov
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