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HomeMy WebLinkAboutContract 35975 CITY SECRETARY CONTRACT CONTRACT NO. � 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 acting by and through Dale Fisseler, 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 CEO. 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 Fort Worth Hispanic Chamber of Commerce on a consulting basis to provide such 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 ygool-,Y faith and due diligence, all measurables described in the attached Exhibit "A" and inc? le ated herein for all purposes incident to this Agreement ("Services"). The Services shall be performed in accordance with these measurables, attached hereto as Exhibit "A" and the It budget, attached hereto as Exhibit "B" and incorporated herein for all purposes incident to this Agreement. 2. Term. Such Services are to be provided for a period beginning October 1, 2006, and ending September 30, 2007 (the "Term"). 3. Fee. In consideration of the Services to be performed hereunder by Contractor, City promises and agree to pay Contractor $182,710.00 in two installments; the first installment of $ 91,355.00, to be disbursed not more than 15 days after execution of the contract; the second installment of$91,355.00, no later than April 1, 2007. Contractor will submit monthly reports for Services performed by Contractor in performance of this Agreement. 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 reported. 4. Termination. Either party may cancel this Agreement upon thirty (30) days notice in writing 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. 5. 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. 6. Independent Contractor. 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 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. 7. 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, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY CITY'S SOLE OR CONCURRENT NEGLIGENCE. 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, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND AGREEMENT, AND/OR THE SERVICES PERFORMED HEREUNDER, WHETHER OR NOT CAUSED, 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 CAUSED, 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. 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 7 shall survive the expiration or termination of this Agreement. 8. 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. 9. 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. 10. 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 „ 1 or subcontractors, then Contractor shall immediately desist from and correct such violation. 11. Non-Discrimination. Contractor, in the execution, performance or attempted performance of this Agreement, will not discriminate against any person or persons because of disability, age, familial status, 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, employee 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. Insurance. 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 Agreement. 13. Fiscal Funding Out In the event no funds or insufficient funds are appropriated by the City in any fiscal period 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. 14. 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. 15. 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. 16. 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. 17. 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: Sundra Davis, Assistant Director Director Rosa Navejar, CEO Economic and Community Development Fort Worth Hispanic Chamber Minority and Women Business Enterprise Office of Commerce City of Fort Worth 1327 North Main Street 1000 Throckmorton St. Fort Worth, Texas 76106 Fort Worth, Texas 76102 (817) 625-5411 (817) 392-6104 18. 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. 19. Force Majeure. 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. 20. 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] IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort Worth, Tarrant County, Texas, to be effective October 1, 2006. ATTEST: CITY OF FORT WORTH Marty Hendrix Dale Isseler City Secretafy Assistant City Manager APPROVED AS TO FORM AND LEGALITY: Contract Authorization M&C C-21896 01w Date: December 19, 2006 Assistant City Attorney Date: \� C )Tom? FORT WORTH HISPANIC CHAMBER OF COMMERCE By: Rosa Navejar, CE GLORIA V. MARTINEZ Notary Public,State of Texas ATTEST: 'N °+ My Commission Expires 1 j '•:'Fof `,:`' July 05,2010 E 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 Rosa Navejar, 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 Hispanic Chamber of Commerce and that she executed the same as the act of said Fort Worth Hispanic 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. 2007. ►��►r•,'" GLORIA V, MARTINEZ Notary Public,State of Texas S 4, My Commission Expires July 05, 2010 119 Notary Public in and for the State of Texas 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 Dale Fisseler, 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 1 �� day of A.D. 2007. ANA L. -RISENO Notary Public,State of Texas My Commission Expires March 07,2011 )otawy Public in and for the State of Texas 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 06-07 as listed below to small minority and women owned businesses and to Fort Worth residents who are owners of these small businesses: 1. EDUCATION/TRAINING a. Establish a curriculum for a Bilingual Seminar to business related subjects for start-up and existing small businesses Annual No. 720 b. Assist small businesses with completing Marketing Plans Annual No. 125 c. Assist small businesses with completing Marketing Plans Annual No. 125 d. Provide one-on-one counseling to small businesses Annual No. 200 2. PROCUREMENT ASSISTANCE a. Conduct how-to-do-business workshops for small businesses; particularly City of Fort Worth procurement opportunities Annual No. 180 b. Foster capacity enhancement for small businesses via mentorship's, joint ventures and partnering Annual No. 180 c. Outreach activities to encourage business activity Annual No. 175 3. CERTIFICATION ASSISTANCE a. List firms provided assistance to complete certification applications Annual No. 100 b. List firms receiving certification through direct assistance from the Chamber Annual No. 75 c. List firms receiving certification that can provide a service or product to the City of Fort Worth Annual No. 75 4. COUNSULAR de MEXICO SATELLITE OFFICE a. Matriculas Annual No. 11,000 b. Passports Annual No. 1,800 c. Car Permits Annual No. 3,700 d. Provide Information Annual No. 10,500 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 2006 - 2007 Budget Request CONTRACT PERIOD: From: October 1, 2006 To: September 30, 2007 -Funding Level $182,710.00 Personal Services Salaries $104,000.00 Fica $10,000.00 Life Insurance $2,000.00 Health Insurance $6,000.00 -Supplies Office Supplies $13,000.00 -Postage $9,645.10 Contractual Services -Telephone $7,500.00 Electric $5,000.00 Gas(Utility) Water/Waste Disposal Rent(Building) $15,000.00 Custodial Services $1,000.00 Office Equipment Rental $2,000.00 -Printing $4,564.90 Repairs -Fidelity Bond Liability Insurance -Legal &Accounting Private Auto Allowance- Local -Advertising Conferences &Seminars 3,000.00 Contractual Services Professional Services Total $182,710.00 Page 1 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/19/2006 DATE: Tuesday, December 19, 2006 LOG NAME: 17HISPCHMBR REFERENCE NO.: **C-21896 SUBJECT: Authorize the Execution of a Contract with the Fort Worth Hispanic Chamber of Commerce to Assist M/WBE Small Business RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract, in the amount of $182,710, with the Fort Worth Hispanic Chamber of Commerce to assist with M/WBE small business. DISCUSSION: During the FY2006-07 budget process, the City Council approved financial support for the Fort Worth Hispanic Chamber of Commerce to continue providing business planning assistance and outreach programs to M/WBE small businesses located in Fort Worth. The amount recommended above includes a $50,000 increase to provide targeted certification assistance to Fort Worth small businesses. This funding is critical to the overall initiative of the City to create capacity within the minority and women business community For the past 27 years, the Fort Worth Hispanic Chamber of Commerce has counseled a multitude of individuals based on their business needs. The Chamber assists clients with topics such as tax planning, employee-related issues, marketing 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 a contract be executed between the City of Fort Worth and the Fort Worth Hispanic Chamber of Commerce for the period of October 1, 2006 through September 30, 2007. This recommendation includes a detailed description of services to be provided and requires quarterly reporting. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GG01 539120 0175000 $182,710.00 Submitted for City Manager's Office by: Dale Fisseler (6140) Originating Department Head: Tom Higgins (6192) Additional Information Contact: Sundra Davis (6104) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 10/18/2007