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HomeMy WebLinkAboutContract 26394 I . STATE OF TEXAS § ITYCRE COUNTY OF TARRANT § CONTR CT No Y C4 9 WHEREAS, the Fort Worth Metropolitan Black Chamber of Commerce provides professional services to small minority and women owned businesses; and WHEREAS, the City of Fort Worth desires to contract with Fort Worth Metropolitan Black Chamber of Commerce on a consulting basis to provide such professional services to small minority and women owned businesses and to Fort Worth residents who are owners of these small businesses; and WHEREAS, the Fort Worth Metropolitan Black 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, THIS CONTRACT FURTHER WITNESSETH: That for and in consideration of the mutual covenants, promises and agreements contained herein, the City of Fort Worth ("City"), a home-rule municipal corporation acting by and through Charles R. Boswell, its duly authorized Assistant City Manager, and the Fort Worth Metropolitan Black Chamber of Commerce, ("Contractor") a for profit Texas corporation acting by and through Devoyd Jennings its duly authorized Interim CEO, do hereby covenant and agree as follows: 1. Contractor covenants and agrees to provide business services in Fort Worth on a consulting basis to the City. Such services shall be provided for a period beginning October 1, 2000, and ending September 30, 2001; same are more fully described in Exhibits "A", "B" and "C" attached hereto and incorporated herein for all purposes incident to this contract. 2. In consideration of the services to be performed for the City hereunder by Contractor, City promises and agrees to pay Contractor $77,760 on a reimbursement of expenditures basis. Contractor will submit monthly reports [Attachment I, II, III, and Attachment IV] for services and activities undertaken by Contractor in performance of this contract. Each report will be signed by a duly authorized agent of contractor and submitted by the 15th of the month following the month which is reed. ►FFICIa1 RECOgD arveSE(affiQy n � M 3. Either party may cancel this contract upon thirty (30) days' notice in writing to the other party of such intent to terminate. In the event of such termination, City shall reimburse Contractor in the services performed up to the date of termination. 4. Contractor covenants and agrees to fully cooperate with City in monitoring the effectiveness of the services to be performed under this agreement, and City shall have access at all reasonable hours to offices and records of Contractor for the purpose of such monitoring. 5. Contractor shall operate hereunder as an independent contractor and not as an officer, agent, servants, or employee of the City of Fort Worth. Contractor shall have exclusive control of and the exclusive right to control 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 respondeat 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. 6. City shall in no way or under any circumstance be responsible for any property belonging to Contractor, its officers, agents, employees, or subcontractors or program participants, which may be lost, stolen, destroyed or in any way damaged; and Contractor hereby indemnifies and holds harmless the City, its officers, agents, and employees, from and against any and all such claims or suits. 7. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, agents, servants, and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons of whatsoever kind or character, wh tet�p , arising out of or in connection with the execution, performance, a er *- vn or nonperformance of this contract and agreement, and/or the services performed hereunder, whether or not cause, in whole or in part, by alleged negligence of officers, agents, servants, or employees of the City of Fort Worth; and Contractor hereby assumes all liability and responsibility of City, its officers, agents, servants and employees, for any and all claims or suits of property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind of character, whether real or asserted, arising out of or in connection with the execution, performance, attempted and/or the services performed hereunder, whether or not cause, in whole or in part, by alleged negligence of officers, agents, servants, or employees of City. In the event it is 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. 8. 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. 9. Contractor shall not assign or subcontract all or any part of its rights, privileges or duties under this contract 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. 10. 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. 3 ' Li-r") q � Wo 11. Contractor, in the execution, performance or attempted performance of this contract and agreement, will not discriminate against any person or persons because of sex, race, religion, color or national origin, nor will Contractor permit its officers, agents, employees, or subcontractors to engage in such discrimination. 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 employees, or employee-applicant has been discriminated against by the terms of such ordinance by either Contractor, its agents, employees or subcontractors. 12. 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: Property damage, per occurrence $100,000 Bodily injury or death, per person $250,000 Bodily injury of death, per occurrence $500,000 with the understanding and agreement Contractor that such insurance amounts shall be revised upward at City's option and the Contractor shall revise such amounts within thirty (30) days following notice to Contractors of such requirements. Contractor further agrees that it shall comply with the Worker's Compensation Act of Texas and shall provide sufficient compensation insurance to protect Contractor and the City of Fort Worth from and against any and all Worker's Compensation claims arising from the work and services provided under this contract. 13. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments hereunder, City will notify Consultant of such occurrence and this Contract shall terminate on the last day of the fiscal period for which s4fiflie-13: appropriations were received without penalty or expense to City of eIny.kind whatsoever except as to the portions of the payments herein agreed upon for which funds shall have been appropriated. 14. 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. 15. Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance of this contract and agreement, venue for said action shall lie in Tarrant County, Texas. s f'NT"U U Cao U��r'��1�1g �ISWo IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort Worth, Tarrant County, Texas, this day of A.D. 2000. ATTEST: / CITY OF FORT WORTH r �l. 7V� By. Gloria Pea, 43 Charles R. Boswell City Secreta Assistant City Manager APPROVED AS TO FORM AND LEGALITY: / contract Authorization Ass s t City Attorney Date Date: ro 3 ATTEST: FORT WORTH METROPOLITAN BLACK CHAMBER OF COMMERCE By: 0 'i'A"6� , ".,/ NIKyd/llnni s Interim CEO �u�7V t E It)M V1( 6 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Devoyd Jennings, 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 Fort Worth Metropolitan Black Chamber of Commerce and that he executed the same as the act of said Fort Worth Metropolitan Black Chamber of Commerce for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of A.D. 2000. Notary Public in and r the State of Texas a�n00000000000000°°° ROXANNE G. HEDGER Notary Public,State of Texas STATE OF TEXAS § �- A.•',a�=My Commission Exp 12.17.2001 COUNTY OF TARRANT § 0000 BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Charles R. Boswell, 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 A.D. 2000. ®r a 1RN IE•S � , ,�, Notary Public in and for the State of Texas `.. 'uo? AAA ow CUrf''S:F ��MV��U Kul 7 IGU ulF?11'7u1y II � o Exhibit A PROGRAM SUMMARY FORT WORTH METROPOLITAN BLACK CHAMBER OF COMMERCE Agency BUSINESS ASSISTANCE PROGRAM Program 00000 1 October 2000 -to- 31 September 2001 $77,760 CONTRACT NO. PERIOD AMOUNT PROGRAM SUMMARY: To provide outreach efforts and market appropriate business services to assist M/WBE businesses located in,but not limited to the Southeast area of the City. COUNCIL DISTRICT All PROGRAM GOALS: • To identify and evaluate small M/WBE business owners and provide appropriate business services with matching resources. PROGRAM OBJECTIVES: • To provide business services that will allow small businesses to access expanded markets for goods and services, and • To provide assistance in obtaining capital resources that will allow small business start-ups,expansion and stabilization of small businesses. PROGRAM SERVICES ACTIVITIES: GOALS • Number Unduplicated Clients Served 350 • Clients Assisted Business Plans 48 • Clients Assisted Marketing Plans 24 • Clients Provided Business Counseling 278 11PFK�NAAL �IC",ED " �r�� EMU W'';,' ,TA t� , EXHIBIT "B" PROGRAM SERVICES SCHEDULE AGENCY: Fort Worth Metropolitan Black Chamber Commerce PROGRAM: Business Assistance Program ACTIVITY Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep TOTAL Number of Undplicated Client Served 29 29 29 29 30 29 30 29 29 29 29 29 350 Clients Assisted Business Plans 4 4 4 4 4 4 4 4 4 4 4 4 48 Clients Assisted Marketing Plans 2 2 2 2 2 2 2 2 2 2 2 2 24 Clients Assisted Business Counseling 23 23 23 23 24 23 24 23 23 23 23 23 278 2of3 Detail Budget Personnel Services Hourly Annual %of Amount Position Title Rate Hours Time 1. Economic Development Manager 19.5 2080 100% 40,560 2. Business Manager 18.5 2080 54% 20,779 Total Salaries 61,339 Category %of Fringe Benefits FICA 7.65% 61,339 4,692 Health 5.40% 0 State Employment Tax 0.25% 61,339 153 Federal Employment 0.22% 61,339 135 Workers Comp 0.48°x6 61,339 294 Total Fringe Benefits $5,275 Total Personel Services 66,614 0,))ffl1C-V,JL HCONDD CNIff NCESS L P. m Fort Worth Metropolitan Black Chamber of Commerce Business Assistance Program Ri Recommended Budget Contract Period: FROM 10-1-00 TO 9-31-01 Cost Category Program Budget Personal Services Salaries 61,360 FICA 4,692 Life Insurance 0 Health Insurance 0 Employment Tax-State 153 Employment Tax-Federal 135 Worker's Comp 294 Retirement 0 Supplies 0 Office Supplies 1,087 Postage 1,203 Teaching Aids 0 Other Operating Expenses 0 Contractural Services 0 Telephone 720 Electric 0 Gas 0 Water/Waste Desposal 0 Building Lease 2,616 Janitorial Services 0 Office Equipment Rental 0 Printing 1,200 Repairs 0 Fedelity Bond 0 Liability Insurance 0 Legal &Accounting 300 Private Auto Allowance-Lc 1,200 Advertising 2,000 Conference& Seminars 800 Contractural Services 0 Miscellaneous 0 Capital Outlay 0 Office Furniture 0 Computer Equipment 0 Other: Described 0 Total 77,760 a G�41i:I U Ml'7 BUDGET DETAIL Page 3 of 3 UTILITIES Average Cost Number of Category Per Month Months Amount Telephone 60 12 720 Electric 0 0 0 Gas 0 0 0 Water/Waste Disposal 0 0 0 Other: [Specify] 0 0 0 TOTAL UTILITIES 720 BUILDING LEASE No. Square Cost Per Building Location Foot Square Foot Amount 1. 3607 East Rosedale 384 0.57 2,616 2 0 3 0 TOTAL BUILDING LEASE 2,616 OTHER EXPENSES Total % Charged Category Charge To CDBG Amount Fidelity Bond 0 0% 0 Liability Insurance 0 0% 0 Legal &Accounting 300 100% 300 TOTAL OTHER EXPENSES 360 CONFERENCES &SEMINARS Total % Charged Event Charges to CDBG Amount 1 Educational Seminars 800 100% 800 2 0 0 0 3 0 0 0 TOTAL CONFERENCES & SEMINARS 0 OFFICE EQUIPMENT RENTAL Total % Charged Item Charge to CDBG Amount 1 0 2 0 3 0 TOTAL OFFICE EQUIPMENT RENTAL 0 IG�GL HtoQ© �Iv�}pp��U C�ISI SrI�IMti�IIU'`d)W(q1� U Uv "�:'1I11Up ��Wo ATTACHMENT CITY OF FORT WORTH FISCAL SERVICES DEPARTMENT CONTRACT MANAGEMENT DIVISION SUB-GRANTEE'S REQUEST FOR FUNDS Name and Address of Sub-Grantee Program Name Business Assitance Program Fort Worth Metropolitan Black Chamber of Commerce Contract No. Amt $ 77,760 3607 East Rosedale Fort Worth,Texas 76105 Date of Request Month SECTION I(AGENCY) Current Month Cumulative I. Reimbursement Request 1.Expenditures: $ $ 2.Income: A. Program Income $ $ B. Interest Transferred to Operation Account $ $ C. Interest Earned CDBG Funds $ $ 3.Reimbursement Requested(1 minus 2) $ $ II.Advance Pay Requests 1.Estimated Expenditures $- $ 2.Income: A.Program Income $ $ B.Unpaid Request of Payment Previously Submitted $ $ 3.Advance Authorized(1 minus 2) $ $ III. Reporting Interest 1.Interest over$25 per quarter returned to City $- $ SECTION II(CITY) I.MARS-Purchasing Request A.MARS INPUT:Vendor/PO Number/Requisition Number: B.Fund/Account/Center: C.Total Amount of this Request: $ SECTION III I. Verification A.Contract Manager: (Name) (Signature) (Date) B.MARS-Purchasing: (Name) (Signature) (Date) C.Accounting: (Name) (Signature) (Date) II.Authorization A.Agency: (Name) (Signature) (Date) B.Contract Compiance Supervisor nom} (Name) i M1 '�UG1 ° " (Date) C.Assistant to the City Manager. (Name) ( Igoe ,� ��)L".l o (Date) DISTRIBUTION ::'hire- Accounting Blue- IAGM Green- Agency IABGM FORM 86-01 ATTACHMENT II CITY OF FORT WORTH FISCAL SERVICES DEPARTMENT CONTRACT MANAGEMENT DIVISION DETAIL STATEMENT OF COST Fort Worth Metropolitan Black Chamber of Commerce AGENCY REPORT PERIOD Business Assistance Progam PROGRAM CONTRACT NO. DATE OF REQUEST PROGRAM MONTHLY CUMULATIVE COST CATEGORY ACCOUNT BUDGET EXPENDITURES TO DATE BALANCE PERSONAL SERVICES Salaries 516 010 FICA 518 010 Life Insurance 518 050 Health Insurance 518 060 Unemployment Tax-State 518 090 Worker's Comp 518 040 Retirement 518 070 SUPPLIES Office Supplies 521 010 Postage 521 020 Teaching Aids 522 030 Food Supplies 522 030 Other Operating Supplies 523 300 CONTRACTUAL SERVICES Telephone 535 040 Electric 535 020 Gas[Utility] 535 010 Water/Waste DiHJosal 535 030 Rent[Building] 537 010 Custodial Services 539 220 Office Equipment Rental 537 030 Printing 533 030 Repairs 536 010 Fidelity Bond 538 210 Liability Insurance 534 020 Legal&Accounting 538 050 Private Auto Allowance-Local 532 130 Advertising 533 010 Conferences&Seminars 531 180 Contractual Services 539 120 CAPITAL OUTLAY Furniture, Fixtures 541 330 Office Equipment,Computers 541 370 Other Equipment 541 320 TOTAL 0.00 0.00 0.00 0.00 Contractors Certification: I certify that the costs incurred are taken from the books of account and that such costs are valid and consistent with the terms of the agreement. NAME and TITLE OF AUTHORIZED OFFICER SIGN n �p E PREPARE ONE FORM FOR EACH SOURCE OF FUNDS vV 81NL� PIIS!`Ol�/RWp64 CNN ��I ; DISTRIBUTION M White- Accounting JI(U u Y Y Blue-A IAGM vo C'll�l)�[ u ups Green- Agency 1A&GM FORM 88-03 ATTACHMENT III CITY OF FORT WORTH FISCAL SERVICES DEPARTMENT CONTRACT MANAGEMENT DIVISION EXPENDITURES WORKSHEET Fort Worth Metropolitan Black CC 08/31/00 AGENCY REPORT PERIOD Business Assistance Program PROGRAM CONTRACT NO. DATE OF REQUEST NO. DATE CHECK NO. PAYEE DESCRIPTION ACCOUNT NO. AMOUNT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 :2:6 TOTAL 0.00 NAME and TITLE OF AUTHORIZED OFFICER SI Af DISTRIBUTION p� , White^ Accounting , Blue- IAGM Green- Agency IA&GM FORM 96-04 CITY OF FORT WORTH Attachment IV DEPARTMENT OF FINANCE CONTRACT MANAGEMENT DIVISION GENERAL FUND ECONOMIC DEVELOPMENT PROJECT 1. Name and Address of Sub-Grantee 2. Project Name Business Assistance Program Fort Worth Metro Black CC 3. Contract No.: 3607 East Rosedale Contract Amount $ 77,760 Contract Date Fort Worth,Texas 76105 4. Date Request: Month&Year 5. Program Services and Activities Current Month Cummulative Number Businesses/Clients Served o 0 6a.Direct Benefit Data (Household and/or Persons Served) American Asian Indian Female White Black Pacific Alaskan Head of Non-Hispanic Non-Hispanic Hispanic Island Native Household Current Month o 0 0 0 0 0 Cumulative 1 o 0 0 0 0 10 6b.Direct Benefit(Continued) Current Month Cumulative Low/Mod Beneficiaries o 0 Low Income Beneficiaries o 0 7. Loans and Job Creation/Retention Not Applicable 8. CERTIFICATION: The undersigned hereby gives assurance that to the best of my knowledge and belief,the data included in this report are true and accurate and if a non-profit agency,has been approved by the governing body of the organization prior to submission. SubmittedI�A1 ��,, Date: By: J�--ii ?� r� .00 RD II �'Up"). ��o TEN. CITY OF FORT WORTH Attachment IV(a) DEPARTMENT OF FINANCE CONTRACT MANAGEMENT DIVISION GENERALFUNDS ECONOMIC DEVELOPMENT PROJECT 1. Name and Address of Sub-Grar2. Project Name Business Assistance Program Fort Worth Metro Black CC 3. Contract No.: 3607 East Rosedale Contract Amount $ 77,760 Contract Date Fort Worth,Texas 76105 4. Date Request: 5. PROGRAM SERVICES AND ACTIVITIES CURRENT CUMULATIVE Certification Assistance Business Counseling Business Plan Assistance 6. SCOPE OF WORK NARRATIVE 7. PROBLEMS ENCOUNTERED/ SOLUTIONS PROPOSED: 8. ANTICIPATED ACTIVITY DURING THE NEXT MONTH: i ui UG'- HMO RI D 9. CERTIFICATION: _ Date: Submitted By: Phone Num: City of Fort Worth, Texas 4velyar And Council communicalflon DATE REFERENCE NUMBER LOG NAME PAGE 11/14/00 **C-18345 1 02COMMERCE 1 of 1 SUBJECT CONTRACT WITH THE FORT WORTH METROPOLITAN BLACK CHAMBER OF COMMERCE RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract, in the amount of $77,760, with the Fort Worth Metropolitan Black Chamber of Commerce. DISCUSSION: During the FY2000-01 budget process, the City Council approved financial support for the Fort Worth Metropolitan Black Chamber of Commerce (Chamber) to continue providing technical assistance and outreach programs to M/WBE and small businesses located in Fort Worth. For several years, the Fort Worth Metropolitan Black Chamber of Commerce has counseled individuals with the planning of small businesses within the Fort Worth area. The Chamber assists clients with topics such as tax planning, employee-related issues, marketing, and a number of other small business related issues. In addition to this, the Chamber provides program services such as business planning assistance, certification assistance, and business counseling. In conjunction with these programs, the Chamber coordinates a monthly workshop, Community Education Program 2000, for persons interested in the start-up of small business. In order for the Chamber to continue providing these services, it is recommended that a contract be executed between the City of Fort Worth and the Fort Worth Metropolitan Black Chamber of Commerce for the period of October 1, 2000, through September 30, 2001. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. CB:j Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED Charles Boswell 8511 CITY COUNCIL Originating Department Head: Charles Boswell 8511 (from) NOV 14 2000 GG01 539010 0904510 $77,760.00 �! Additional Information Contact: City Secretary of the Bridgette Garrett 8518 City of Fort Worth,Texas