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HomeMy WebLinkAbout064411 - General - Contract - Tarrant County College DistrictCSC No. 64411 INTERLOCAL AGREEMENT TARRANT COUNTY COLLEGE DISTRICT Fort Worth, Texas CITY OF FORT WORTH Educational Experience Program Affiliation Agreement WHEREAS, Tarrant County College District ("TCCD") offers its students a Library Tech degree program; WHEREAS, the City of Fort Worth ("Fort Worth") owns and operates various public libraries within its jurisdiction and desires to provide students at TCCD ("Students" or "Student") an opportunity to participate in an internship to gain practical experience related to the Library Tech program (the "Program"); WHEREAS, the purpose of this Agreement is to state the terms and conditions under which Fort Worth will cooperate with TCCD to promote the success of the Program and provide experiences for the Students; and WHEREAS, the payment, if any, for services to be provided pursuant to this Agreement will be made from current revenues available to the paying Party. NOW, THEREFORE, known by all these present, Fort Worth and TCCD, acting herein by and through their duly authorized representatives, agree to the following terms: LIBRARY TECHNICIAN PROGRAM This agreement between TCCD and Fort Worth will be effective on 12/01/2025. The agreement will automatically renew annually, effective at the beginning the summer semester at TCCD, unless either party requests a change or termination of the agreement in writing. Fort Worth and TCCD mutually agree to the following: PLANNING FOR STUDENT INSTRUCTION The faculty and students in the Program of TCCD may use Fort Worth library facilities identified in Exhibit A for practicum experience. The days and hours for the practicum experience will be planned by the faculty of TCCD and the supervisory staff at Fort Worth. SPECIFIC RESPONSIBILITIES OF FORT WORTH A. To provide practicum experience for Library Technician students on the selected assignments as appropriate. B. Upon request by TCCD, formally evaluate the performance of Students in the Program using the form provided by TCCD. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX C. To the extent allowed by law, assume no professional or financial liability for injury to Students or faculty except that which might occur as a member of the public, unless due to Fort Worth's sole negligence or gross misconduct. SPECIFIC RESPONSIBILITES OF THE TCCD A. To provide all instruction required in the Library Technician Program. B. To follow proper administrative channels at Fort Worth in planning for practicum experience. C. To ensure that students and faculty comply with the existing policies of Fort Worth. D. To provide Fort Worth with the names and schedules of practicum experience students. E. To give written guidelines to students and supervising staff members of Fort Worth and assist the staff with student supervision. F. To consult with supervisors of Fort Worth in planning experiences for students in the Library Technician Program. G. Provide a faculty member to be available for consultation at all times Students are at Fort Worth, and to supervise Students participating in the Program. H. If applicable, provide Fort Worth with the appropriate forms to be used in evaluating the performance of Students in the Program. MUTUAL RESPONSIBILITIES A. The supervisory personnel of Fort Worth and the faculty of the Library Technician Department of TCCD will cooperate in planning, implementing, and evaluating the practicum experience with Fort Worth. B. Fort Worth agrees and is bound to hold TCCD whole and harmless against any and all claims for damages, costs, and expenses to persons or property that may arise out of, or be occasioned by Fort Worth performance under this Contract; provided, however, that it is not the intention to create liability against Fort Worth unless such liability is imposed by law or to waive any legal defenses available to Fort Worth. The provisions of this paragraph are solely for the benefit of the parties to this Contract and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. NON-DISCRIMINATION It is the policy of TCCD not to discriminate on the basis of race, color, national origin, sex, disability, or age in its educational programs, services or activities or in its employment practices, as required by the Title VI of the Civil Rights Act of 1964, as amended; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; the Americans with Disabilities Act of 1992, as amended; and Section 504 of the Rehabilitation Act of 1973; as amended. TERMINATION Either Party may terminate this agreement at any time and for any reason by providing the other Party with 30 days' written notice of termination. GENERAL PROVISIONS A. Governmental Powers. It is understood and agreed that by execution of this Agreement, Fort Worth and TCCD do not waive or surrender any of their governmental powers or immunities. B. No Waiver. The failure of Fort Worth or TCCD to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of Fort Worth's or TCCD's respective right to insist upon appropriate performance or to assert any such right on any future occasion. C. Status of Students. TCCD and Fort Worth understand and agree that while faculty and Students are participating in the Program, faculty and students are not employees of Fort Worth. Accordingly, faculty and Students are not entitled to any of the rights or benefits established for Fort Worth's employees, such as salary, vacation, sick leave with pay, paid holidays, insurance, and/or workers' compensation coverage. Further, nothing herein shall be construed as creating a partnership or joint venture between TCCD and Fort Worth, its officers, agents, employees, and subcontractors, and doctrine of respondeat superior has no application as between the TCCD and Fort Worth. D. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought on the basis of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. E. Severability. If any provision of this Agreement 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. F. Force Maieure. Fort Worth and TCCD shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, epidemics or pandemics, material or labor restrictions by any governmental authority, transportation problems, restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any States, civil disturbances, other national or regional emergencies, and/or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected (collectively "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it hinders the party's performance, as soon as reasonably possible, as determined in the Fort Worth's discretion, after the occurrence of the Force Majeure Event. The form of notice required by this section shall be the same as section 13 above. G. Amendments. No amendment of this Agreement shall be binding upon a party hereto unless such amendment is set forth in a written instrument and duly executed by an authorized representative of each party. H. Entirety of Agreement. This Agreement, including any exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between Fort Worth and TCCD, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. I. Counterparts. This Agreement may be executed in one or more counterparts, and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. An executed Agreement, modification, amendment, or separate signature page shall constitute a duplicate if it is transmitted through electronic means, such as fax or e-mail, and reflects the signing of the document by any party. Duplicates are valid and binding even if an original paper document bearing each party's original signature is not delivered. J. Signature Authority. The person signing this agreement hereby warrants that hei she has the legal authority to execute this agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. K. 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. NOTICE Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives; or (2) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: FORT WORTH: �ity of Fort Worth kttn: Library Director 00 Fort Worth Trail ort Worth TX 76102 ith Copy to the City Attorney the same address arrant County College District ttn: Bryan Cotton ddress: 300 Trinity Campus Circle ddress: Suite: TREF 3201A ACCEPTED AND AGREED: FORT WORTH: Daria Our hdoff By: Dana Burghdoff (Dec 4, 2025 1.4:47 CST) Name: Dana Burghdoff Title: Assistant City Manager Date: 12/04/2025 APPROVAL RECOMMENDED: By: Midori�(Dec 4,202508:57:43CST) Name: Midori Clark Title: Library Director Date: 12/04/2025 ATTEST: �4F FORr as By:0009do 'o Name: Jannette Goodall ono Title: City Secretary °pa*0o, �� any 12/04/2025 nEXA544p Date: 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: Name: Jessica Dean Title: Administrative Services Manager Date: 12/03/2025 APPROVED AS TO FORM AND LEGALITY: By: Name: Taylor Paris Title: Sr. Assistant City Attorney Date: 12/04/2025 CONTRACT AUTHORIZATION: M&C: N/A TARRANT COUNTY COLLEGE DISTRICT: 7je(.k Ja By: ,Beverly Clark III (Dec 3, 202513:46:25 CST) Name: Beverly Clark III Title: Vice President of Academic Affairs Date: 12/03/2025 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX EXHIBIT A - LIBRARY LOCATIONS FOR PROGRAM 501 E. Bolt Street Fort Worth, TX 76110 9336 Clifford Street, Suite 120 Fort Worth, TX 76108 200 Texas Street Fort Worth, TX 76102 1300 N.E. 35th St Fort Worth, TX 76106 4300 E. Berry St. Fort Worth, TX 76105 1062 Evans Ave. Fort Worth, TX 76104 6301 Bridge St. Fort Worth, TX 76112 4264 Golden Triangle Blvd. Fort Worth, TX 76244 4200 South Fwy, Suite 1338 Fort Worth, TX 76115 8829 McCart Ave. Fort Worth, TX 76123 2800 Stark St. Fort Worth, TX 76112 601 Park St. Fort Worth, TX 76164 6228 Crystal Lake Dr. Fort Worth, TX 76179 3851 E. Lancaster Ave. Fort Worth, TX 76103 3628 Bernie Anderson Fort Worth, TX 76116 8201 Calmont Ave. Fort Worth, TX 76116 2913 Yucca Ave. Fort Worth, TX 76111 4205 Basswood Blvd. Fort Worth, TX 76137 4001 Library Lane Fort Worth, TX 76109 3816 Kimberly Ln. Fort Worth, TX 76133 COFW_Library Tech_Unique_Agrmnt_Dec2025 _Signatures Requested Final Audit Report 2025-12-03 Created: 2025-12-03 By: BRYAN COTTON (bryan.cotton1@tccd.edu) Status: Signed Transaction ID: CBJCHBCAABAAo9AFrMsUhYPy1 EGgOLCedaMbuxaxprT_ "COFW_Library Tech_Unique_Agrmnt_Dec2025_Signatures Re quested"' History Document created by BRYAN COTTON (bryan.cotton1 @tccd.edu) 2025-12-03 - 6:03:48 PM GMT- IP address: 64.28.250.6 Document emailed to beverly.clark@tccd.edu for signature 2025-12-03 - 6:05:38 PM GMT Email viewed by bevedy.clark@tccd.edu 2025-12-03 - 6:51:38 PM GMT- IP address: 104.47.56.126 do Signer bevedy.clark@tccd.edu entered name at signing as Beverly Clark III 2025-12-03 - 7:46:23 PM GMT- IP address. 64.28.250.5 Document e-signed by Beverly Clark III (bevedy.clark@tccd.edu) Signature Date: 2025-12-03 - 7:46:25 PM GMT - Time Source- server- IP address, 64.28.250.5 Agreement completed. 2025-12-03 - 7:46:25 PM GMT r.n.n P*we ld by Adobe C Acrobat Sign FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Tarrant County College District (TCCD) Subject of the Agreement: The Library and TCCD are creating a internship program for TCCD students in the Library Tech Program an opportunity to gain practical experience related to Library work. M&C Approved by the Council? * Yes ❑ No If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No © If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: Expiration Date: 11/30/2026 If different from the approval date. If applicable. Is a 1295 Form required? * Yes ❑ No *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes ❑ No Contracts need to be routed for CSO processing in the followin order:. 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.