Loading...
HomeMy WebLinkAboutContract 60018CSC No. 60018 FORT WORTH, PROFESSIONAL SERVICES AGREEMENT This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home -rule municipal corporation, acting by and through its duly -authorized Assistant City Manager, and the PARTNER RESOURCE NETWORK, INCORPORATED ("PRN"), acting by and through its duly -authorized Public Affairs Specialist, each individually referred to as a "party" and collectively referred to as "parties". AGREEMENT DOCUMENTS: The Agreement documents includes the following: 1. This Professional Services Agreement; 2. Exhibit A — Scope of Services; 3. Exhibit B — Verification of Signature Authority Form. Exhibits A and B, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A or B and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement control. 1. Scope of Services. PRN will provide workshops designed to empower families of children and youth with disabilities to the residents of the City of Fort Worth and patrons of the Fort Worth Public Library. Exhibit "A," Scope of Services more specifically describes the services to be provided hereunder. 2. Term. This Agreement will begin on the date signed by the Assistant City Manager below ("Effective Date") and expire on December 31, 2024 ("Expiration Date"), unless terminated earlier in accordance with this Agreement or modified by both parties in writing to extend the term. This Agreement may be renewed under the same terms and conditions annually upon mutual agreement of the parties. 3. Compensation. PRN will provide the workshops at no charge to City. City will not be required to pay any cost, fee, or charge of any nature for the services. City represents that for, and in consideration of, its obligations under this Agreement that PRN is providing a unique and important experience free -of -charge for the citizens of Fort Worth. PRN represents that, for, and in consideration of, its obligations under this Agreement, City is providing a space for such OFFICIAL RECORD Professional Services Agreement — City & PRN CITY SECRETARY Page 1 of 6 FT. WORTH, TX workshops to occur. Both parties agree, as a condition precedent of this Agreement, that both parties have exchanged good and valuable consideration. 4. Termination. City or PRN may terminate this Agreement at any time and for any reason by providing the other party with 30-days' written notice of termination. 5. Right to Audit. If any money is exchanged as part of this Agreement, then the City will have the right to audit the financial and business records of PRN that relate to any monetary exchange under this Agreement (collectively "Records") at any time during the Term of this Agreement and for three (3) years thereafter. It is expressly understood that no money is being exchanged as part of this Agreement. 6. Compliance with Laws, Ordinances, Rules and Regulations. PRN agrees that in the performance of its obligations hereunder, it will comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies PRN of any violation of such laws, ordinances, rules or regulations, PRN will immediately desist from, and correct, the violation. 7. Notices. Notices required pursuant to the provisions of this Agreement will be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: To PRN: City of Fort Worth Partner Resource Network, Incorporated Attn: Jesica L. McEachem, Assistant City Mgr. Attn: Teresa Howell, Executive Director 200 Texas Street 2032 82nd Street Ste. 102 Fort Worth, TX 76102-6314 Lubbock, TX 79423-2394 With copy to Fort Worth City Attorney's Office at same address 8. Governmental Powers. It is understood, and agreed, that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 9. No Waiver. The failure of City or PRN to insist upon the performance of any term or provision of this Agreement, or to exercise any right granted herein will not constitute a waiver of City's or PRN's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 10. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Professional Services Agreement — City & PRN Page 2 of 6 11. Force Maieure. City and PRN will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but will 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 the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 12. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 13. Review of Counsel. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement or Exhibits A and B. 14. Amendments / Modifications / Extensions. No amendment, modification, or extension of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 15. Entirety of Agreement. This Agreement, including Exhibits A and B, contains the entire understanding and agreement between City and PRN, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 16. Counterparts. This Agreement may be executed in one or more counterparts and each counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute one and the same instrument. 17. Signature Authoritv. 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. This Agreement and any amendment hereto, may be executed by any authorized representative of PRN whose name, title and signature are affixed on the Verification of Signature Authority Form, which is attached hereto as Exhibit `B". Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. (signature page follows) (remainder of page intentionally left blank) Professional Services Agreement — City & PRN Page 3 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples. CITY OF FORT WORTH: By: C�A� Jesica L. McEachern Assistant City Manager Date: 08/30/2023 PARTNER RESOURCE NETWORK, INCORPORATED: Teresa Howell Executive Director Date: 08/28/2023 FOR CITY OF FORT WORTH INTERNAL PROCESSES: APPROVAL RECOMMENDED: By: Marilyn Marvin Interim Library Director APPROVED AS TO FORM AND LEGALITY: By: Andrea Phillips Assistant City Attorney CONTRACT AUTHORIZATION: M&C: FORM 1295: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: Timothy Shidal Administrative Services Manager ATTEST: By: U Jannette Goodall City Secretary d4c44pn p�� F000eoao, a�%'pa�dd p�8 o-�d PVo o=d° oo°� 00 b anb OEXA?o4p OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Professional Services Agreement — City & PRN Page 4 of 6 EXHIBIT A SCOPE OF SERVICES The Partner Resource Network, Incorporated ("PRN") will provide workshops designed to empower families of children and youth with disabilities to the residents of the City of Fort Worth and patrons of the Fort Worth Public Library. Events will be provided in both English and Spanish. PRN will supply handouts to effectuate the Event at PRN's sole discretion. PRN will collaborate with the City in promotion of the Performance. PRN may provide photographs and/or biographies of its Presenters and if it does, PRN grants permission to the City to use those items for the purposes of marketing the program. City agrees to provide a clean, climate -controlled, and well -lighted venue for each Event. City will promote Events through various media channels to generate public interest and encourage attendance. PRN agrees to provide a presenter for the first scheduled Event listed below: EVENT The Ten Basic Steps of Special Education 11 Los 10 Puntos Basic EVENT DATE / TIME Monday, November 6, 2023 6:30 p.m. CST 60 Minute Event EVENT LOCATION Summerglen Branch Library 4205 Basswood Blvd Fort Worth, Texas 76137 Additional times and locations may be added by the written mutual agreement of the parties within 30 days and any such additional performance will be subject to the terms and conditions of this Agreement as though the performance were included on Exhibit A at the time of execution. PRN agrees to arrive at Event Location no later than thirty minutes (30) prior to start time on Event Date. In the event that PRN will not be able to arrive by ten minutes (10) prior to start time on Event Date, PRN agrees to contact Minerva Gates at 817-584-7322 as soon as PRN is aware of any delays. Professional Services Agreement — City & PRN — Exhibit A Page 5 of 6 EXHIBIT B VERIFICATION OF SIGNATURE AUTHORITY Partner Resource Network, Incorporated ("PRN") Attn: Teresa Howell, Executive Director 2032 82nd Street Ste. 102 Lubbock, TX 79423-2394 Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind PRN and to execute any agreement, amendment or change order on behalf of PRN. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of PRN. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with PRN. PRN will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by PRN. 1. Name: Position: Signature 2. Name: Position: Signature 3. Name: Position: Signature Name: Teresa Howell Title: Executive Director, PRN Date: 08/28/2023 Professional Services Agreement — City & PRN — Exhibit B Page 6 of 6