HomeMy WebLinkAboutContract 41221s
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FORT WORTH I' u1' I�
CITY SECRETARY
CONTRACT NO (Dal
:_ I`l I M F C O r *F F nil WO' `' 11-1 T 1 „ s " m o,
if )OMU\ lay , C K CHAR'dI I OF COMMERC
This Agreement ("Agreement") is made and entered into by and bctween the City of
Fort Worth ("City"), a home -rule municipal corporation organized under the laws of the state
of Texas, acting by and through Susan Alanis, its duly authorized Assistant City Manager,
and the Fort Worth Metropolitan Black Chamber of Commerce ("Contractor"), a Texas non
profit corporation, acting by and through Devoyd Jennings, its duly authorized President and
Chief Executive Officer.
HECfl`11/iI',)
WG=HIHRIhS, the Fort Worth Metropolitan Black Chamber of Commerce provides
professional services to minority and women owned businesses and small 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 professional services, as
outlined in Exhibit "A", to small minority and women owned businesses and to Fort Worth
residents who are owners of 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;
N*U17, TB-2ERI;.=;FOR H, for and in consideration of the mutual covenants, promises and
agreements contained herein, the parties hereby covenant and agree as follows:
T
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 Fxhibit
"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 incorporated herein for all purposes
incident to this Agreement.
OFFICIAL RECORD
20 LForm. CITY SECRETARY
` To WORTH T V
Such Services are to be provided for a period beginning QcteriL2O16, and ending
September 30, 2011 (the "Term").
3. Fee.
In consideration of the Services to be performed hereunder by Contractor, City
promises and agrees to pay Contractor $146 821 in twelve installments; 11 payments of
$12235.08 and one payment of $12235.12 to be dispersed upon submission and approval
of monthly reports. There will be no payments remitted for this FY2010-11 contract term
until all monthly reports have been submitted and approved for the previous contract year.
Contractor will submit electronic monthly report only no later than the 20th of the
month which is reported for services performed by Contractor in performance of this
Agreement using the form set forth in Exhibit "A" Each measurable shall be submitted in an
editabie 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 measurable; 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.
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 December 21, 2010. 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.
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 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 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 ITS 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 OR INTENTIONAL MISCONDUCT OF
THE CITY, ITS OFFICERS AGENTS, SERVANTS OR EMPLOYEES.
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 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 or 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, sexual orientation, transgender, gender expression or
gender identity 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 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) days
following notice to Contractors of such requirements. The City of Fort Worth, its' Officers,
Employees and Volunteers shall be named as an Additional Insured. 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 for 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 penod 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.
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.
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shall lie in Tarrant County, Texas or the United States District Court for the Northern District
of Texas, Fort Worth Division. This Lease shall be construed in accordance with the laws of
the State of Texas.
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,
Housing & Economic Development
Department
City of Fort Worth
1150 South Freeway, Suite 106
Fort Worth, Texas 76104
(817) 212-2680
19. Severability.
Devoyd Jennings, President
and Chief Executive Officer
Fort Worth Metropolitan Black
Chamber of Commerce
1150 South Freeway, Suite 211
Fort Worth, Texas 76104
(817) 871-6538
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 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 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.
IN WITNESS WHEREOF, the parties hereto have executed this agreement in
multiples in Fort Worth, Tarrant County, Texas, to be effective October 1, 2010.
Devoyd
Chief Exec
FORT WORTH METROPOLITAN
BLACK CHAMBER OF COMMERC
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s, Preside and
fficer
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 /(J day of
2010.
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LORENE COLLIER
Notary Public
State of Texas
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Notary Public in and for the
State of Texas
CITY OF FORT WORTH:
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Susan Alanis
As stant City Manager
APPROVED AS TO FORM AND LEGALITY:
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Assistant City Attorney
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COUNTY OF TARRANT §
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City Secretary
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BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Susan Alanis, 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 ttD1 day of InCsUnigiv,
2010.
Inks
LNDA M. V1RRLINGER MY COMMISSION EXPIRES
February 2, 2014
(4beyis\ *Pcmip\-c
Notary Public in and for the
State of Texas
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
EXHIBIT A
WHEREAS, the City of Fort Worth desires to contract with the Fort Worth
Metropolitan Black Chamber of Commerce on a consulting basis to provide such
services during FY 10-11 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. Assist small businesses with completing Business Plans Annual No. 24
b. Assist small businesses with completing Marketing Plans Annual No. 24
c. Outreach activities to encourage business activity Annual No. 12
d. Number of outreach activity attendees Annual No. 240
e. Assist small businesses with Business Counseling Annual No. 120
2. PROCUREMENT ASSISTANCE
a. Conduct how -to -do -business workshops for small businesses;
particularly City of Fort Worth procurement opportunities Annual No. 4
b. Foster capacity enhancement for small businesses via
mentorship's, joint ventures and partnering Annual No. 17
c. Outreach activities to encourage business activity Annual No. 4
3. CERTIFICATION ASSISTANCE
a. Provide assistance and/or referral to a certification entity Annual No. 28
4. CONSTRUCTION ASSISTANCE
a. Assist small businesses with securing plans and specifications particularly on
City of Fort Worth / Tarrant County projects Annual No. 60
b. Assist small businesses with bid estimating Annual No. 60
c. Assist small businesses with project management process Annual No. 12
d. Assist small businesses with bonding assistance Annual No. 29
e. Assist small businesses with Tarrant County bid opportunities via e-mail
Annual No. 1200
To: CITY OF FORT WORTH
Housing and Economic Development Department
Business Assistance Center
From: Metropolitan Black Chamber of Commerce
1150 S. Freeway, Suite 211
Fort Worth, TX 76104
Subject: FY 10-11 Annual Budget
CONTRACT PERIOD
From: October 1,
2010
To: September 30,
2011
Cost category
Personnel Services
Salaries
Fica
Employment Tax -State
Employment Tax -Federal
Worker's Comp
Supplies
Office Supplies
Postage
Contractual Services
Telephone
Office Lease
Office Equipment Rental
Printing
Repair
Legal and Accounting
Private Auto Allowance
Advertising
Conference & Seminars
Office Furniture
Computer Equipment
Other: Operations and
Maintenance
TOTAL
Program
Budget
Business
Assistance
Program (BAP)
89,860.00
6,381.00
209.00
184.00
400.00
6,200.00
2,163.00
6,974.00
700.00
1,400.00
10,000.00
3,500.00
1,500.00
3,650.00
1,500.00
2,500.00
1,500.00
1,800.00
4,100.00
2,300.00
146,821.00
U CIL
COUNCIL ACTION: Approved on 12/7/2010
Official site of the City of Fort Worth, Texas
FORT WenTn
DATE: 12/7/2010 REFERENCE NO.: **C-24618 LOG NAME: 1711BLCHAMBER
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Contract with the Fort Worth Metropolitan Black Chamber of Commerce to
Assist Minority and Women Business Enterprises and Small Businesses for a Cost Not to
Exceed $146,821.00
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract for an amount not
to exceed $146 821 00 with the Fort Worth Metropolitan Black Chamber of Commerce to assist Minority
and Women Business Enterprises and small businesses for the period of October 1, 2010 through
September 30, 2011.
DISCUSSION:
During the Fiscal Year 2010-2011 budget process, the City Council approved financial support for the Fort
Worth Metropolitan Black Chamber of Commerce (Chamber) to continue providing business planning
assistance, construction assistance and outreach programs to Minority and Women Business Enterprises
(M/WBE) and small businesses located in Fort Worth.
The City will pay the Chamber $146,821.00 to perform the contract measurables.
For several years, the Chamber has provided counseling to individuals within the Fort Worth area on the
topic of small business planning. The Chamber provides program services such as business planning
assistance, construction assistance and business counseling. In conjunction with these programs, the
Chamber coordinates a monthly workshop for persons interested in the start-up of a small business.
It is recommended that the City Council authorize the execution of the contract with the Fort Worth
Metropolitan Black Chamber of Commerce for the period of October 1, 2010 through September 30, 2011.
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 operating
budget, as appropriated, of the General Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
1) GG01 539120 0174000 $1461821.00
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Jay Chapa (5804)
Additional Information Contact: Ossana Hermosillo (212-2665)
ATTACHMENTS
1711 BLCHAMBER FWMBCC City Contract.pdf