HomeMy WebLinkAboutContract 54996 CITY SECRETARY CONTRACT NO. 54996
SERVICES AGREEMENT BETWEEN THE 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 the State of
Texas, and the Fort Worth Hispanic Chamber of Commerce ("Contractor"), a Texas non-profit
corporation, each individually referred to as a "party" and collectively referred to as the
"parties."
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 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 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 incorporated herein for all purposes incident to this
Agreement.
2. Term.
Such Services are to be provided for a period beginning October 1, 2020, and ending
September 30, 2021 (the "Term").
3. Fee.
OFFICIAL RECORD
Services Agreement between City of Fort Worth and CITY SECRETARY
Fort Worth Hispanic Chamber of Commerce
Page 1 of 9 FT. WORTH, TX
In consideration of the Services to be performed hereunder by Contractor, City promises
and agrees to pay Contractor $126,504.00 in twelve installments of $10,542.00 to be dispersed
upon submission and approval of monthly reports. There will be no payments remitted for this
FY2020-21 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 20" of the month
following the month which is reported for services performed by Contractor in performance of
this Agreement. 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.
If information is not complete, payment will not be rendered until such completed
information is submitted in each measurable.
4. Termination.
Either party may, without or without cause, 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.
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, 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.
Services Agreement between City of Fort Worth and
Fort Worth Hispanic Chamber of Commerce
Page 2 of 9
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, 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 7 shall survive the expiration or termination of this Agreement.
8. Form 990; Non-Profit.
Within 30 calendar days following execution of this Agreement, Contractor must supply
the City with a copy of the completed Form 990 filed with the Internal Revenue Service for the
full tax year immediately preceding the Effective Date. 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.
Services Agreement between City of Fort Worth and
Fort Worth Hispanic Chamber of Commerce
Page 3 of 9
9. Assiunment.
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.
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 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, national origin, transgender, gender identity or gender expression, 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.
12. 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
Services Agreement between City of Fort Worth and
Fort Worth Hispanic Chamber of Commerce
Page 4 of 9
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_
13. 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.
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. Venue.
Should any action, whether real or asserted, at law or in equity, arise out of the execution,
performance, or 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. This Agreement shall be construed in accordance with the laws of the State of
Texas.
16. Notices.
Services Agreement between City of Fort Worth and
Fort Worth Hispanic Chamber of Commerce
Page 5 of 9
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:
Mrs. Christina Brooks Mrs. Annette Landeros
Director President and Chief Executive Officer
Diversity and Inclusion Department Fort Worth Hispanic
City of Fort Worth Chamber of Commerce
200 Texas St. 1327 N. Main St.
Fort Worth, Texas 76102 Fort Worth, Texas 76164
(817) 392-7525 (817) 625-6411
With copy to City Attorney's Office at
1000 Throckmorton Street
Fort Worth, Texas 76102
17. Governmental Powers.
It is understood and agreed that by execution of this Agreement, the City does not waive
or surrender any of its governmental powers.
18. No Waiver.
The failure of the City or Contractor 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 the City's or Contractor's respective right to insist upon appropriate performance or to assert
any such right on any future occasion.
19. Prohibition on Contracting with Companies that Boycott Israel.
Consultant acknowledges that in accordance with Chapter 2270 of the Texas Government
Code, the City is prohibited from entering into a contract with a company for goods or services
unless the contract contains a written verification from the company that it: (1) does not boycott
Israel; and(2) will not boycott Israel during the term of the contract. The terms "boycott Israel"
and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas
Government Code. By signing this contract, Consultant certifies that Consultant's signature
provides written verification to the City that Consultant: (1) does not boycott Israel; and(2) will
not boycott Israel during the term of the contract.
20. Amendments[Modifications.
No modification or amendment of this Agreement shall be binding upon a party hereto
unless such modification, or amendment is set forth in a written instrument, which is executed by
an authorized representative and delivered on behalf of such party.
21. Severability.
Services Agreement between City of Fort Worth and
Fort Worth Hispanic Chamber of Commerce
Page 6 of 9
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.
22. Force Maieure.
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 governmental 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.
23. Contract Construction.
The parties acknowledge that each party and, if it so chooses, its counsel have reviewed
and revised this Agreement and that the normal rule of construction to the effect that any
ambiguities are to be resolved against the drafting party must not be employed in the
interpretation of this Agreement or any amendments or exhibits hereto.
24. 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.
25. Counterparts.
This Agreement may be executed in one or more counterparts, each of which when so
executed and delivered shall be considered an original, but such counterparts shall together
constitute one and the same instrument and agreement. Any signature delivered by a party by
facsimile or other electronic transmission (including email transmission of a portable document
file (pdf) or similar image) shall be deemed to be an original signature hereto.
26. En re A_areement.
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.
26. Signature Authority.
The person signing this agreement hereby warrants that he/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. The other
party is fully entitled to rely on this warranty and representation in entering into this Agreement.
Services Agreement between City of Fort Worth and
Fort Worth Hispanic Chamber of Commerce
Page 7 of 9
[SIGNATURE PAGE TO FOLLOW]
IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort
Worth, Tarrant County, Texas, to be effective October 1, 2020.
ACCEPTED AND AGREED:
CITY OF FORT WORTH: FORT WORTH HISPANIC CHAMBER OF
COMMERCE
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By:Fernando Costa(Dec7,202013:43CST) z'
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Fernando Costa An#ette Landeros
Assistant City Manager President and Chief Executive Officer
Date:
December 7,2020 Date: ii 2 0
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ATTEST: °$a° �C�
a�nEapS�pp ATTEST:
for Ronald P. Gonzalos
By: for Ronald P.Gonzales(Dec 7,2020 15:16 CST) By,
Mary Kayser J� Name:
City Secretary Title:
APPROVED AS TO FORM AND LEGALITY:
By:
trong(Dec 1,2020 11:4 T)
JB Strong
Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 20-0836
Date: 11/17/2020
Form 1295 Certification No.: 2020- 682833
OFFICIAL RECORD
Services Agreement between City of Fort Worth and CITY SECRETARY
Fort Worth Hispanic Chamber of Commerce
Page 8 of 9 FT. WORTH, TX
CONTRACT COMPLIANCE MANAGER:
By signing below, I hereby acknowledge that I
am the person responsible for the monitoring
and administration of this contract, including
ensuring all performance and reporting
requirements:
cl#-I t/`w x"101 f
By: Christina Brooks(Dec 7,202013:28 CST)
Title: Director Department of Diversity and Inclusion
OFFICIAL RECORD
Services Agreement between City of Fort Worth and CITY SECRETARY
Fort Worth Hispanic Chamber of Commerce
Page 9 of 9 FT. WORTH, TX
FORTWORTH.
CITY OF FORT WORTH PARTNERSHIP AGREEMENT
Objective: Enhance the Fort Worth Metropolitan Black Chamber of Commerce and Fort Worth Hispanic
Chamber of Commerce roles in assisting the Department of Diversity and Inclusion Business Equity
Division's (DVIN-BE) efforts to build capacity of Business Equity Firms, and meet its annual goal of 25%on
all City contracts over$100,000. Chambers will proactively communicate directly with Business Equity
Firms from the certified Business Equity Firm list provided by the DVIN-BE.
EDUCATION/TRAINING
Deliverables Annual Goal
Co-Host eight contractor and vendor information sharing events including four 8
Vendor Quarterly Information Forums,two Certification Workshops, and two RFP,
RFQ, ITB, Best Value Solicitation Workshops.
Conduct twenty-four visits to collect feedback on projects with Business Equity 24
Goals to support Business Equity Firms successful compliance and project
completion.
Provide assistance in submitting competitive, responsive and responsible bid 40
proposals on City of Fort Worth projects. Track outcomes of Prime and Sub Business
Equity Firm bid submissions and feedback for unsuccessful bids.
Support and track outcomes for Business Equity Firm Bond Assistance referrals to 4
regional Bonding Agencies like Drew Greene, Baldwin-Cox-Allen.
Provide monthly notifications through the Chambers website and newsletters to 12
promote the City's workshops and events.
Conduct twelve Business Equity Firm capacity building workshops and events that 12
include but are not limited to:
1. Business Financial Reporting (Statement of Financial Position, income
Statements, Cash Flow Statements, Balance Sheet etc.)
2. Business Tax Filing including Employment Taxes
3. Human Resource Functions for Small Businesses including Payroll and Pay
Equity
4. Accessing Capital for Business growth, and sustainability
PROCUREMENT ASSISTANCE
Deliverables Annual Goal
Match Business Equity Firms from the Business Equity Management Database 48
provided by DVIN-BE to upcoming bids and requests, with a focus on bids and
requests over$100,000 for multiyear contracts, identified on the City's
Fort Worth MBCC and HCC partnership Agreement 2020-21
procurement webpage at www.fortworthtexas.gov/purchasing.Track the outreach
and outcomes for Business Equity Firms in a monthly report.
Provide monthly report for direct services provided to Business Equity Firms for 12
procurement bid package submissions.The report should include specific services
provided, the procurement bid identification number, and outcomes of direct
service assistance.
Share monthly City of Fort Worth procurement opportunities digitally on the 12
Chamber website.
CERTIFICATION ASSISTANCE
Deliverables Annual Goal
Support the transition of six non-certified Business Equity Firms to certified status 6
with the North Central Regional Certification Agency, or DFW-MSDC, Women's
Business Council, or Texas Department of Transportation.Track the number of firms
assisted or referred and outcomes in monthly report.
COMMITTEES AND ADVISORY BOARDS
Deliverables Annual Goal
Serve and participate in bi-monthly Business Equity Board Meetings 6
Serve and participate in quarterly meetings of the Oversite Committee for the 4
Mentor/Protege Program.
INCLUSIVE ECONOMIC DEVELOPMENT
Deliverables Annual Goal
Assist in the attraction of new Business Equity Firms to headquarter in the City's 6
marketplace, as well as retain existing Business Equity Firms in the City's
marketplace through one on one engagement, and networking.
Promote the Business Assistance Center(BAC) as a one stop shop for economic 12
development for small business enterprises on Chamber website monthly.
Assist in initiatives that are outlined in the MOU between the three local Chambers 12
of Commerce (Fort Worth, Black, & Hispanic) and the City of Fort Worth by
promoting those events and initiatives on Chamber website monthly.
Name of Ch is designated pe on�esponsible for implementation AL
Signatur ftt -t Date:
Cha be President/CEO
Fort Worth MBCC and HCC partnership Agreement 2020-21
Christina Brooks
Print Name
6Lylf fa 9-001(f 12/7/2020
Signature: Christina Brooks(Dec 7,2020 13:28 CST) Date:
Diversity and Inclusion Director
Fort Worth MBCC and HCC partnership Agreement 2020-21
11/18/2020 M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORTWORTII
DATE: 11/17/2020 REFERENCE **M&C 20- LOG NAME: 08FY2021 FWHCC CONTRACT
NO.: 0836 AGREEMENT
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT. (ALL)Authorize Execution of Contract with the Fort Worth Hispanic Chamber of
Commerce to Assist Business Equity firms - Minority and Women Business Enterprises in
an Amount Not to Exceed $126,504.00
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a contract with the Fort Worth
Hispanic Chamber of Commerce in an amount not to exceed $126,504.00 to assist Business Equity
firms - minority and women business enterprise for the period of October 1, 2020 through September
30, 2021.
DISCUSSION:
During the Fiscal Year 2020-2021 budget process, the City Council approved financial support for the
Fort Worth Hispanic Chamber of Commerce (Chamber) to continue providing business development
assistance, construction assistance and outreach programs to Business Equity firms located in the
City"s demographic marketplace in Fort Worth including Denton, Parker, Wise, Tarrant, Dallas, and
Johnson counties. The City will pay the Chamber an amount not to exceed $126,504.00 to perform the
services outlined under this contract.
For several years, the Chamber has provided counseling and support to individuals on the topic of
small business development. The Chamber provides program services such as business
development initiatives, outreach, construction assistance that includes bid estimating and related
access to construction estimating software, as well as one-on-one counseling and mentoring. In
conjunction with these programs, the Chamber coordinates monthly business roundtables and other
activities designed to help small business development and growth.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the recommendation, funds are available in the
current operating budget, as previously appropriated, in the General Fund. Prior to an expenditure
being incurred, the Diversity and Inclusion Department has the responsibility to validate the
availability of funds.
TO
Fund Department Account Project Program Activity Budget Reference#fi Amount
ID ID I Year (Charteld 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by_ Fernando Costa (6122)
Originating Department Head: Christina A. Brooks (8988)
Additional Information Contact:
apps.cfwnet.org/council_packet/mc_review.asp?I D=28405&councildate=11/17/2020 1/2
11/18/2020 M&C Review
ATTACHMENTS
apps.cfwnet.org/council_packet/mc_review.asp?I D=28405&councildate=11/17/2020 2/2