HomeMy WebLinkAboutContract 39576CITY SECRETARY
CONTRACT NO. S1 to
SERVICES AGREEMENT BETWEEN CITY OF FORT WORTH AND
FORT WORTH HISPANIC CHAMBER OF COMMERCE
This Agreement ("Agreement") is made and entered into by and between the City
of Fort Worth ("City"), a home -rule municipal corporation organized under the laws of
Texas, acting by and through T.M. Higgins, its duly authorized Assistant City Manager,
and the Fort Worth Hispanic Chamber of Commerce ("Contractor"), a Texas non-profit
corporation, acting by and through Rosa Navejar, its duly authorized Chief Executive
Officer.
RECITALS
WHEREAS, the Fort Worth Hispanic Chamber of Commerce provides
professional services to small minority and women owned businesses; and
WHEREAS, the City of Fort Worth desires to contract with the Fort Worth
Hispanic Chamber of Commerce on a consulting basis to provide professional services,
as outlined in Exhibit "A", to small minority and women owned businesses and to Fort
Worth residents who are owners of these small businesses; and
WHEREAS, the Fort Worth Hispanic Chamber of Commerce has offered to
provide such professional services on a consulting basis with the City to citizens of the
City of Fort Worth;
NOW, THEREFORE, for and in consideration of the mutual covenants, promises
and agreements contained herein, the parties do hereby covenant and agree as follows:
AGREEMENT
1. Services.
Contractor covenants and agrees to fully perform, or cause to be performed, with
good faith and due diligence, all measurables ("Services") described in the attached
Exhibit "A" and incorporated herein for all purposes incident to this Agreement. The
Services shall be performed in accordance with these measurables, attached hereto as
Exhibit "A" and with the budget, attached hereto as Exhibit "B" and both incorporated
herein for all purposes incident to this Agreement.
Service Agreement
Hispanic Chamber of Commerce
OFFICIAL RECORD
CITY SECRETARY
T. WORTH, TX 1
2. Term.
Such Services are to be provided for a period beginning October 1, 20091 and
ending September 30, 2010 (the "Term").
In consideration of the Services to be performed hereunder by Contractor, City
promises and agrees to pay Contractor $182,710.00 in twelve installments; 11
payments of $15,225.83 and one payment of $15,225.87 to be dispersed upon
submission and approval of monthly reports. There will be no payments remitted for
this FY2009-10 contract term until all monthly reports have been submitted and
approved for the previous contract year.
Contractor will submit electronic monthly reports only no later than the 20th of the
month following the month which is reported for Services performed by Contractor in
performance of this Agreement using the measurables set forth in Exhibit "A". Each
measurable shall be submitted in an editable excel format and the attachments shall be
in the readable pdf format. The report will include but is not limited to the following:
complete name of business, complete address, complete contact information and the
identification of business services of those assisted in the measurables; detailed
information associated with outreach activities, capacity enhancements and workshops.
When a measurable involves distinct items, a copy of at least one item must be
attached to the report, when the number reported is at least one. If information is not
complete, payment will not be rendered until such completed information is submitted in
each measurable.
Each monthly report must be prepared and signed by a representative of the
Contractor that has received the Training for City of Fort Worth Fund Recipients: Reporting
Requirements ("Fiscal Training,,), or by a Certified Public Accountant.
If the Contractor deviates from this reporting requirement, the Contractor will be
considered in non-compliance with this Agreement. Any non-compliance by Contractor
under Section 3 of this Agreement may jeopardize the Contractor's ability to receive
future funding from the City.
4. Termination.
Either party may cancel this Agreement upon thirty (30) days written notice to the
other party of such intent to terminate. If the City exercises its right to terminate this
Agreement prior to its expiration, Contractor's obligations to the City under this
Agreement shall continue until the date such termination actually takes effect. In the
event of such termination, on the date of termination Contractor shall reimburse to the
City all funds it has received, but not otherwise committed, earned by Services
performed, or encumbered by contract, under this Agreement. If, on the date of
termination, Services have been performed by Contractor but Contractor has not been
reimbursed for such Services, City shall reimburse Contractor for the Services
performed up to the date of termination.
Service Agreement 2
Hispanic Chamber of Commerce
5. Training.
The Chief Executive Officer, Executive Officer, or Chief Financial Officer of
Contractor shall receive Fiscal Training on an annual basis. Evidence of receipt of such
training shall be submitted to the City no later than November 20, 2009. Contractor
shall be responsible for training its representatives at its own cost and expense.
6. Monitoring.
Contractor covenants and agrees to fully cooperate with City in monitoring the
effectiveness of the Services, and City shall have access at all reasonable hours to
offices and records of Contractor for the purpose of such monitoring.
7. Independent Contractor.
Contractor shall operate hereunder as an independent contractor and not as an
officer, agent, servant, or employee of the City of Fort Worth. Contractor shall have
exclusive control of the details of the services performed hereunder, and all persons
performing same, and shall be solely responsible for the acts and omissions of its
officers, agents, servants, employees, subcontractors and program participants. The
doctrine of respondent superior shall not apply as between the City and contractor, its
officers, agents, servants, employees, subcontractors, or program participants, and
nothing herein shall be construed as creating a partnership or joint enterprise between
City and Contractor. It is expressly understood and agreed that no officer, agent,
employee, or subcontractor of Contractor is in the paid service of the City of Fort Worth.
8. Indemnification.
CONTRACTOR AGREES TO AND SHALL RELEASE CITY, ITS AGENTS,
EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY
FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY
SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER
THIS AGREEMENT, EXCEPT TO THE EXTENT CAUSED BY THE GROSS
NEGLIGENCE OR INTENTIONAL MISCONDUCT OF LESSOR, ITS OFFICERS,
AGENTS, SERVANTS OR EMPLOYEES.
CONTRACTOR COVENANTS AND AGREES TO, AND DOES HEREBY,
INDEMNIFY, HOLD HARMLESS AND DEFEND AT IT'S OWN EXPENSE, THE CITY,
ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST
ANY AND ALL CLAIMS OR LAWSUITS FOR EITHER PROPERTY DAMAGE OR
LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONTRACTOR'S BUSINESS
AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER
REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE
EXECUTION, PERFORMANCE, OR ATTEMPTED PERFORMANCE OF THIS
CONTRACT AND AGREEMENT, AND/OR THE SERVICES PERFORMED
HEREUNDER, EXCEPT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE
Service Agreement 3
Hispanic Chamber of Commerce
OR INTENTIONAL MISCONDUCT OF THE CITY, ITS OFFICERS, AGENTS„
SERVANTS OR EMPLOYEES.
IN THE EVENT IT 1S DETERMINED THAT CONTRACTOR HAS MISUSED,
MISAPPLIED OR MISAPPROPRIATED ALL OR ANY PART OF THE FUNDS
PROVIDED HEREUNDER, CONTRACTOR AGREES TO INDEMNIFY, HOLD
HARMLESS AND DEFEND THE CITY OF FORT WORTH, ITS OFFICERS, AGENTS,
SERVANTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR
SUITS RESULTING FROM SUCH MISUSE, MISAPPLICATION OR
MISAPPROPRIATION.
Contractor shall require all of its subcontractors to include in their
subcontracts a release and indemnity in favor of City in substantially the same
form as above.
This Section 8 shall survive the expiration or termination of this Agreement.
9. Non -Profit.
If Contractor, as a charitable or nonprofit organization, has or claims an immunity
or exemption (statutory or otherwise) from and against liability for damage or injury,
including death, to persons or property, Contractor hereby expressly waives its rights to
plead defensively such immunity or exemption as against the City.
10. Assignment
Contractor shall not assign or subcontract all or any part of its rights, privileges or
duties under this Agreement without the prior written consent of City, and any attempted
assignment of subcontract of same without such prior written approval shall be void and
constitute a breach of this agreement.
11. Compliance with Law.
Contractor, its officers, agents, employees and subcontractors, shall abide by
and comply with all laws, federal, state and local, including all ordinances, rules and
regulations of the City of Fort Worth. It is agreed and understood that, if City calls to the
attention of Contractor any such violation on the part of Contractor or any of its officers,
agents, employees or subcontractors, then Contractor shall immediately desist from and
correct such violation.
12. Non -Discrimination.
Contractor, in the execution, performance or attempted performance of this
Agreement, will not discriminate against any person or persons because of age, race,
color, religion, sex, disability, national origin, or sexual orientation, nor will Contractor
permit its officers, agents, employees, or subcontractors to engage in such
discrimination.
Service Agreement 4
Hispanic Chamber of Commerce
This Agreement is made and entered into with reference specifically to Chapter
17, Article III, Division 3, of the City Code of the City of Fort Worth ("Discrimination in
Employment Practices;"), and Contractor hereby covenants and agrees that Contractor,
its agents, employees and subcontractors have fully complied with all provisions of
same and that no employee, or employee -applicant has been discriminated against by
the terms of such ordinance by either Contractor, its agents, employees or
subcontractors.
13. Insurance.
a. Contractor shall furnish a certificate of insurance as proof that it has
secured and paid for a policy of public liability insurance covering all public risks incident
to or in connection with the execution, performance, attempted performance or
nonperformance of this contract and agreement.
Such amounts shall be as follows:
Bodily injury or death, per person $250,000
Bodily injury or death, per occurrence $500,000
Property damage, per occurrence $100,000
with the understanding and agreement that such insurance amounts shall be revised
upward at City's option and the Contractor shall revise such amounts within thirty (30)
Jays following notice to Contractors of such requirements. The City of Fort Worth, its'
Officers, Employees and Volunteers shall be named as Additional Insureds. This
insurance shall not be canceled, limited in scope or coverage, or non -renewed, unless
thirty (30) days prior written notice has been given to the City of Fort Worth.
b. Contractor further agrees that it shall comply with the Worker's
Compensation Act of Texas and shall provide Workers Compensation and Employers'
Liability coverage with limits consistent with statutory benefits outlined in the Texas
Workers' Compensation Act (Art. 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and minimum
policy limits for Employers' Liability of $100,000 each accident/occurrence, $500,000
bodily injury disease policy limit and $100,000 per disease per employee. The policy
shall be endorsed with a Waiver of Subrogation on behalf of the City of Fort Worth.
14. Fiscal Funding Out.
In the event no funds or insufficient funds are appropriated by the City in any
fiscal period for any payments hereunder, City will notify Contractor of such occurrence
and this Agreement shall terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever,
except as to the portions of the payments herein agreed upon for which funds shall
have been appropriated.
Service Agreement 5
Hispanic Chamber of Commerce
15. Audit.
Contractor agrees that the City shall, until the expiration of three (3) years after
final payment under this Contract, have access to and the right to examine any directly
pertinent books, documents, papers and records of the Contractor involving
transactions relating to this Contract. Contractor agrees that the City shall have access
during normal working hours to all necessary Contractor 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 Contractor reasonable advance notice of
intended audits.
Contractor further agrees to include in all of its subcontractor agreements
hereunder a provision to the effect that the subcontractor agrees that the City shall, until
the expiration of three (3) years after final payment under the subcontract, have access
to and the right to examine any directly pertinent books, documents, papers and records
of such subcontractor involving transactions to the subcontract, and further that City
shall have access during normal working hours to all subcontractor facilities and shall
be provided adequate and appropriate workspace in order to conduct audits in
compliance with the provisions of this paragraph. City shall give subcontractor
reasonable advance notice of intended audits.
16. Entire Agreement.
This written instrument constitutes the entire agreement by the parties hereto
concerning the work and services to be performed hereunder, and any prior or
contemporaneous, oral or written agreement, which purports to vary from the terms
hereof shall be void.
17. Venue.
Should any action, whether real or asserted, at law or in equity, arise out of the
execution, performance, attempted performance of this Agreement, venue for said
action shall lie in Tarrant County, Texas or the United States District Court for the
Northern District of Texas, Fort Worth Division.
18. Notices.
Notices to be provided hereunder shall be sufficient if forwarded to the other party by
hand -delivery or via U.S. Postal Service certified mail, postage prepaid, to the address
of the other party shown below:
William Johnson,
Economic and Community Development
Department
City of Fort Worth
1000 Throckmorton St.
Fort Worth, Texas 76102
(817) 392-6104
Service Agreement
Hispanic Chamber of Commerce
Rosa Navejar, Chief Executive Officer
Fort Worth Hispanic Chamber
of Commerce
1327 North Main Street
Fort Worth, Texas 76106
(817) 625-5411
C�
19. 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.
20. Force Maieurea
The City and Contractor 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 omission, fires, strikes, lockouts, national
disasters, wars, riots, material or labor restrictions by any governmental authority,
transportation problems and/or any other similar causes.
21. Headings not Controlling.
Headings and titles used in this Agreement are for reference purposes only and
shall not be deemed a part of this Agreement.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Service Agreement
Hispanic Chamber of Commerce
7
FORT WORTH
HISPANIC CHAMBER OF COMMERCE
By: Rosa Navejar,
hief Executive Officer
STATE OF TEXAS §
COUNTY OFTARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Rosa Naveiar, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that the
same was the act of the Hispanic Chamber of Commerce and that she executed the
same as the act of said Hispanic Chamber of Commerce for the purpose and
consideration therein expressed and in the capacity therein stated.
GI EN UNDER
2009.
MY HAND AND SEAL OF OFFICE this �� day of
Service Agreement
Hispanic Chamber of Commerce
VICTOR M. GARCIA
Notary Public, State of Texas
My Commission Expires
July 13, 2011
Notary Public in and for the
State of Texas
OFFICIAL RECORDI
CITY SECRETARY
T. WORTH, TX
CITY OF FORT WORTH.
T.M. Higgins
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
Assistant City Attorney
Date: i 2,f H l () 9
M&C Cz,- 23 9 05
STATE OF TEXAS §
COUNTY OF TARRANT §
ATTEST:
City Secretary
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Tom Higgins, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that the
same was the act of the City of Fort Worth for the purpose and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this � day of
,& , 2009.
MARIA S. SANCHEZ
MY COMMISSION EXPIRES
December 14, 2013
Not�ry Public
State of Texas
OFFICIAL RECORD
CITY SECRETARY
T. WORTH, TX
Service Agreement 9
Hispanic Chamber of Commerce
EXHIBIT A
WHEREAS, the City of Fort Worth desires to contract with the Fort Worth Hispanic Chamber
of Commerce on a consulting basis to provide such services during FY 09-10 as listed below to small
minority and women owned businesses and to Fort Worth residents who are owners of these small
businesses:
1. EDUCATIONtTRAINING
a. Establish a curriculum for a Bilingual Seminar to business
related subjects for start-up and existing small businesses
(Number of classes held)
b. Assist small businesses with comple#ing Business Plans
c. Assist small businesses with completing Marketing Plans
d. Provide one-on-one counseling to small businesses
2. PROCUREMENT ASSISTANCE
a. Conduct doing business with public and private entity
workshops for small businesses, particularly City of
Fort Worth procurement opportunities
b. Faster capacity enhancement for small businesses via
mentorship's joint ventures and partnership
c. Outreach activities to encourage business activity
3. CERTIFICATION ASSISTANCE
a. List firms provided assistance to complete certification
applications
b. List firms receiving certification through direct assistance
from the Chamber
c. List firms receiving certification that can provide a service
or product to the City of Fart Worth
4. COUNSULAR de MEXICO SATELLITE OFFICE
a. Matriculas
b. Passports
c. Car Permits
d. Provide Information
Service Agreement
Hispanic Chamber of Commerce
Annual Na. 40
Annual No. 60
Annual Na. 6d
Annual No. 120
Annual No. 10
Annual No. 5
Annual No. 20
Annual No. 50
Annual No. 35
Annual No, 30
Annual No. _6.500
Annual No. 2,000
Annual No. _4,000
Annual No. 11,Ot70___
EXHIBIT B
To: CITY OF FORT WORTH
Economic and Community Development Department
Minority and Women Business Enterprise Office
From: Fort Worth Hispanic Chamber of Commerce
1327 N. Main Street
Fort Worth, TX 76106
Subject: FY 2009 - 2010 Budget Request
CONTRACT PERIOD:
From: October 13 2009 To: Se tember 30, 2010
Fundin Level
$182,710.00
Personal Services
Salaries
$1131000.00
FICA
$105000000
Life Insurance
$21000.00
Health Insurance
$63000.00
Supplies
Office Supplies
$171160.00
Postage
$59000.00
Contractual Services
Telephone
$51500.00
Electric
Gas(Utility)
Water/Waste Disposal
Rent(Building)
$141050.00
Custodial Services
Office Equipment Rental
Printing
Repairs
Fidelity Bond
Liability Insurance
Legal & Accounting
Private Auto Allowance- Local
Advertising
Conferences & Seminars
$10,000100
Contractual Services
Professional Services
Total
$182,710400
Service Agreement 11
Hispanic Chamber of Commerce
Nevans, Catherine
From: Mayes, Veronica
Sent: Friday, December 04, 2009 3:43 PM
To: Nevans, Catherine
Subject: Emailing: mc_review.htm
COUNCIL ACTION: Approved on 11/10/2009
DATE: 11/10/2009 REFERENCE C-23905 LOG NAME:
NO.:
CODE: C TYPE: NON- PUBLIC
CONSENT HEARING:
1710HSCHAMBER
SUB7ECT: Authorize Contract with the Fort Worth Hispanic Chamber of Commerce to Assist
Minority and Women Business Enterprise Small Businesses for a Cost Not to Exceed
$182,710.00
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract, for an
amount not to exceed $182,710.00, with the Fort Worth Hispanic Chamber of Commerce to
assist Minority and Women Business Enterprise small businesses for the period of October 1,
2009 through September 30, 2010.
DISCUSSION:
During the Fiscal Year 2009-2010 budget process, the City Council approved financial support for
the Fort Worth Hispanic Chamber of Commerce (Chamber) to continue providing business
planning assistance and outreach programs to Minority and Women Business Enterprise (M/WBE)
small businesses located in Fort Worth.
The City will pay the Chamber $182,710.00 to perform the contract measurables.
For the past 28 years, the Chamber has counseled a multitude of individuals and businesses. The
Chamber assist clients with topics such as tax planning, employee -related issues, marketing,
M/WBE certification and a number of other small business related issues. The Chamber also
provides program services such as business planning assistance and business counseling. In
addition, clients requiring assistance with business plans receive model instructions on how to
complete their particular plan. The Chamber is also a satellite office for the Consular de Mexico.
It is recommended that the City Council authorize the execution of the contract with the Fort
Worth Hispanic Chamber of Commerce for the period of October 1, 2009, through September 30,
2010, The contract includes a detailed description of services to be provided and requires
monthly reporting.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current
12/4/2009
operating budget, as appropriated, of the General Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GGO1 539120 01/5000 4182,/10.00
12/4/2009