HomeMy WebLinkAboutContract 62946MEMORANDUM OF UNDERSTANDING CSC No- 62946
BETWEEN
The City of Fort Worth
and Tarrant County College District
Adult Education Site Contract
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 with 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.
Assist in the promotion of adult education services to the community to enhance student
enrollment.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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 30 days written notice to the address listed in the signature box by mail (certified or hand delivery)
or email.
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 follows: AISD, Arlington Public Library, FWISD, Goodwill 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 the 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 their 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 with 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 Keeping 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
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. The originals are to be held at the Service Provider administration office
location.
FUNDING:
Notwithstanding 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 by the laws of the State
of Texas. Either party may cancel this agreement with 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.
Shelley Pearson
Print: Shelley Pearson, Vice Chancellor and Provost Shelley Pearson (Feb 6, 2025 10:46 CST)
Authorized TCAELC Partner/Title Signature
E-Mail Address: shelley_pearsonnae tccd,er3.�?. Shelley Pearson
Please Print
Telephone (817) 515 - 5250 Fax( ) -
Mailing Address of TCAELC Partner: 300 Trinity Campus Circle, Fort Worth, TX 76102
Street City State Zip Code
Print: Dave Lewis, Director Park & Recreation
Department Signature
Authorized Site Contract Representative/Title
E-Mail Address: Dave.Lewis(_a,fortworthtexas.R_ov
Please Print
Telephone (817) 392 5717 Fax( ) -
Mailing Address of Site Provider: 100 Fort Worth Trail, Fort Worth, TX 76102
Street City State Zip Code
Acknowledged Receipt of copy:
1C
Print: Janneen Maldonado, Director of Adult En& Lducatioite eyJauneen Maldonado (Mar 6.20251512 CST)
AuThonmd Workforce Uiuzioae forT&=z Counn ?4resemmaw sipam
E-Mail Address: Jauneall maldmadoAwo fazcesolut+n,nc nat
Please Print
Telephone (81 r} 41 4000 Fax ( ) -
Mailing Address of WSTC: 1320 S. University Drive Suite 600. Fort lVorth. TX. 76107
Saw Gin• State Tap Code
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 the CITY OF FORT WORTH, a home -rule municipal corporation of the State of
Texas, acting by and through its duly authorized representative and TARRANT COUNTY
COLLEGE, a public community college of the State of Texas acting by and through its duly
authorized representative TCAELC for an Adult Education and Literacy Consortium
("TCAELC"). City and TCAELC are herein referred to individually as a ("Party") and collectively
as the ("Parties").
The Contract documents shall include the following:
1. The Memorandum of Understanding; and
2. This Addendum.
Notwithstanding any language to the contrary in the attached
Memorandum of Understanding (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. Unless terminated earlier pursuant to the terms herein the term of this
Agreement shall begin on the date the Agreement is executed by the PARD Director or his/her
designee ("Effective Date") for a primary term of three (3) years ("Primary Term")
a. The City and TCAELC may agree, in writing, to renew this Agreement
for four (4) additional three-year periods (each a "Renewal Term"). The
effective date for renewal terms will begin on the date that the Agreement
is executed by the PARD Director ("Effective Date").
2. Location, Program, and Schedule. This Agreement and any programs ("Program")
provided herein shall apply to all community centers operated by the City of Fort Worth, as set
forth in Exhibit A. Any reference to specific community centers ("Center") within this contract
shall be deemed inclusive of all community centers under the jurisdiction of the City. TCAELC
shall provide services and establish fees per the terms and conditions of this Agreement for any
City -operated community center as administratively approved by the PARD Director or his/her
designee, without the need for additional amendments to specify the participating centers.
a. The Parties acknowledge that, with the inclusion of the umbrella language
as described above, no additional amendments or modifications to the contract shall be
necessary to specify participating community centers.
b. If the TCAELC desires to modify the Agreement, then the Parties will need
to address any such modifications through an amendment to this Agreement.
Addendum to Memorandum of Understanding Agreement Page I of 5
3. Termination.
a. Convenience. Either the City or Agent 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 the City in any fiscal period for any payments due hereunder, the City will
notify TCAELC 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.
d. Duties and Obligations of the Parties. In the event that the Agreement is
terminated prior to the Expiration Date, the City shall pay TCAELC for services actually
rendered up to the effective date of termination and TCAELC shall continue to provide the
City with services requested by the City and in accordance with the Agreement up to the
effective date of termination. Upon termination of the Agreement for any reason, TCAELC
shall provide the City with copies of all completed or partially completed documents
prepared under the Agreement. In the event TCAELC has received access to the City
information or data as a requirement to perform services hereunder, TCAELC shall return
all of the City provided data to the City in a machine-readable format or other format
deemed acceptable to the City.
4. Attorneys' Fees, Penalties, and Liquidated Damages. To the extent the attached
Agreement requires the City to pay attorneys' fees for any action contemplated or taken, or
penalties or liquidated damages in any amount, the City objects to these terms and any such terms
are hereby deleted from the Agreement and shall have no force or effect.
5. 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 law's 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, the City
objects to such terms and any such terms are hereby deleted from the Agreement and shall have
no force or effect.
Addendum to Memorandum of Understanding Agreement Page 2 of 5
6. Sovereign Immunity. Nothing herein constitutes a waiver of the City's sovereign
immunity. To the extent the Agreement requires the City to waive its rights or immunities as a
government entity; such provisions are hereby deleted and shall have no force or effect.
7. Indemnity. To the extent the Agreement requires the City to indemnify or hold
TCAELC or any third party harmless from damages of any kind or character, the City agrees only
to indemnify TCAELC to the extent allowed by law.
8. No Debt. In compliance with Article 11 § 5 of the Texas Constitution, it is
understood and agreed that all obligations of the City hereunder are subject to the availability of
funds. If such funds are not appropriated or become unavailable, the City shall have the right to
terminate the Agreement except for those portions of funds which have been appropriated prior to
termination.
9. Confidential Information. The City is a government entity under the laws of the
State of Texas and all documents held or maintained by the City are subject to disclosure under
the Texas Public Information Act. To the extent the Agreement requires that the City maintain
records in violation of the Act, the 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, the City shall promptly notify TCAELC. It
will be the responsibility of TCAELC to submit reasons objecting to disclosure. A determination
on whether such reasons are sufficient will not be decided by the City, but by the Office of the
Attorney General of the State of Texas or by a court of competent jurisdiction.
10. 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 the City, the terms in this Addendum shall control.
11. Immigration and Nationalitv Act. TCAELC 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 the City,
TCAELC shall provide the City with copies of all I-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. TCAELC 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 TCAELC employee who is not legally eligible to perform
such services. TCAELC SHALL INDEMNIFY THE CITY AND HOLD THE CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY TCAELC, TCAELC'S EMPLOYEES, SUBCONTRACTORS, TCAELCS,
OR LICENSEES. The City, upon written notice to TCAELC, shall have the right to immediately
terminate this Agreement for violations of this provision by TCAELC.
12. No Bovcott of Israel. If TCAELC has fewer than 10 employees or this Agreement
is for less than $100,000, this section does not apply. TCAELC 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
Addendum to Memorandum of Understanding Agreement Page 3 of 5
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, TCAELC
certifies that TCAELC's signature provides written verification to the City that TCAELC: (1) does
not boycott Israel; and (2) will not boycott Israel during the term of the Agreement.
13. Ri2ht to Audit. With the exception of goods and services that are donated by
TCAELC, or for which the City has not paid any funds, TCAELC agrees that the 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 TCAELC
involving transactions relating to the Agreement. TCAELC agrees that the City shall have access
during normal working hours to all necessary TCAELC facilities and shall be provided adequate
and appropriate workspace in order to conduct audits in compliance with the provisions of this
section. The City shall give TCAELC reasonable advance notice of intended audits.
14. 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.
15. 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
requires the City to purchase insurance, the 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. The City will provide a letter of self -insured status if requested by
TCAELC.
(signature page follows)
Addendum to Memorandum of Understanding Agreement Page 4 of 5
IN WITNESS WHEREOF, the Parties have executed this Addendum to Memorandum of
Understanding in multiples.
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
City:
Z?aw� 8� � °LL
By: Dana Burghdoff (Mar 0, 202561V-2 CDT)
Name: Dana Burghdoff
Title: Assistant City Manager
03/10/2025
Date:
Approval Recommended:
By: 4�w
Name: Dave Lewis
Title: Director
Park & Recreation Department
By:
Name: Monique Hill
Title: Assistant Director
Park & Recreation Department
Approved as to Form and Legality:
gill.
BY: trey qua Is (Feb 5, 2025 09:19 CST)
Name: Trey Qualls
Title: Assistant City Attorney
Contract Authorization:
M&C: N/A
Form 1295: 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.
-Y
, '6� C-4�
By:
Name: Sheri Endsley
Title: District Superintendent
Park & Recreation Department
City Secretary:
4,DgUvpn-Q'j
�bc� FqR.
�oo
0a% ioZ
p
p
bnaau'a'O'
By: U
Name: Janette Goodall
Title: City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Addendum to Memorandum of Understanding Agreement Page 5 of 5
City of Fort Worth Northside Community Center
1100 NW 18th Street, Fort Worth, Texas 76164
Class Days: Monday / Wednesday I Service Type: TCCD Adult Education & Literacy
English as a Second Language (ESL) Class Times: 9AM to 12PM
Class Tenure: August 19, 2024 to June 25, 2025
C 1 ORTHSIBE I
�— MMUN1Ty CENTER
1100 NW 18th 5t.
1100 Nw 18th St.t Fort Worth 6164 View .Mq
��uui 4i�uwyuu��ri1
F�rt�W�rih
r4 S t���
1111 i.%AII
a �a upcl�xil .. 021stst
FAIR OAKS . phivGa�d2r7Rd I/�c�
Rive Oaks
R�tJkwoad Park
Golf Louis
o gle ti
M1
NORTH SIDE
Joe T. Garcia's
�i
NW 21st Si
MARINE PARK
ULMONT 0� wood e�rieCe�y
TERRgCE
{C*
f 9R71 . r
Keyboard skrtarta I Map data 023 Goggle Terms of Use Report a map error
City of F- Worth N,,th,id, Community C,,t,,
Email Exit . ... E.11
----------
City of Fort Worth Victory Forest Community Center
3427 Hemphill Streer, Fort Worth, TX 76110
Floor Plan
0.
�r
v►.aPM nms+ p #R f A IIII�I
MCM^TM �� 1
1010/M►%i
TCCD AEL Course: September 7, 2024 to June 28, 2025 - AEL PY
2024-2025 Class Days & Times: Saturday 19:OOAM to 11:00AM
City of Fort Worth Victory Forest Community Center
3427 Hemphill Streer, Fort Worth, TX 76120
PARKING MAP
It
Ago
t�
r ,r
4
�L-4
ram;
City of Fort Worth Victory Forest Community Center
3427 Hemphill Street, Fort Worth, TX 76110
Victory Forest Community Center
3427 flnmphill Shea Fort Aorth. Texas 16110
TCCD AEL Course: March 1, 2024 to June 30, 2024 - AEL PY 2024-2025
Class Days & Times: Mon. through Thur. 9AM to 12Noon 1 6 PM to 9 PM
Front of Bu Id ing
a'-�
4
Z
q7
C C Zd
G
■h
City of Fort Worth Victory Forest Community Center
3427 Hemphill Streer, Fort Worth, TX 76110
.1427 Hemphill St_, Fort Worth 6110 Y1cw Mall
t , n HEMPHILL ElW5Grande�
HDONTS Latin Mark >t
9LUESONHET MOONINGSIPE
PLACE PARK
DOVO4 tine
LUH[LtS ET a SHAW CLARscE • �,
w®os�ena 3.snsa+sa jvam Park
a
140RTH HEIGHTS-]
A0StMONT
c�
Go gle
rr �
Computer Lab
Wlllfsm
Y M CA'! rl
5
:T
r T X
s
r4 _
f�rd �Mstu ■ Lf p ♦Ks !�`1 QoOQ i l�rtns eiU. •
CFW Martin Luther King Community Center EL ry 2024-2025
TCCD AEL Course: to
Class Days & Times:
Floor Plan -�
I
Computer Lab
yCITY OFFORT �r WORTH
I.l'HEY L..f41/K71'�\c� K�b
5565 TRUMAN DRIVE
FORT WORTH, TX
76112
MARTIN LUTHER KING
COMMUNITY
CENTER
ate -
FLOOR PLAN
19,500 SF
THIS ORAVANG IS FOR PLANNING PURPOSES ONLY
CFW Martin Luther King Community Center AEL PY 2024-2025
TCCD AEL Course: -
Class Days & Times:
5565 Trui-nan Lit•., Fot•t Worth 76112 View Map
safood Fish
:tatirant
Dixie House C�- f-e17
E Rosedale 57
CAVILLE E Rosedale St
RANSOM
ERRAC*E
STOP 6
CARVER
HEIGHTS EAST
RAMEY PLACE
o,. _ gEe
STOP SIBS
SUNRkSE
Enchanted For
1p
Keyhoard sharwLFta Map data €2424 Terms of U se