Loading...
HomeMy WebLinkAboutContract 60525CITY SECRETARY CONTRACT NO. 60525 SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND FORT WORTH METROPOLITAN BLACK 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, acting by and through its duly authorized Assistant City Manager, and the Fort Worth Metropolitan Black 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 Metropolitan Black Chamber of Commerce provides capacity building professional services to Business Equity firms; 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 to achieve clear outcomes, as outlined in Exhibit "A", to small Business Equity firms 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, for and in consideration of the mutual covenants, promises and agreements contained herein, the parties hereby covenant and agree as follows: 1.Services. AGREEMENT 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 purpose incident to this Agreement. The Services shall be performed in accordance with these measurables, attached hereto as Exhibit 11 A 11 and incorporated herein for all purposes incident to this Agreement. 2.Term. Such Services are to be provided for a period beginning October 1, 2023, and ending September 30, 2024 (the "Term"). 3.Fee. In consideration of the Services to be performed hereunder by Contractor, City promises and agrees to pay Contractor one hundred twenty-six thousand five hundred four dollars and no Services Agreement between City of Fort Worth and Fort Worth Metropolitan Black Chamber of Commerce Page 1 of9 cents ($126,504.00) in four installments of thirty-one #housand six hundred twenty-six dollars and no cents ($31,626.00) to be paid upan submission and approval of quarterly reports. There will be no payments remitted for this cantract Term until all reports and required documents defined herein have been submitted and appraved for the previous contract year. Contractor will submit electronically, a quarterly report no later than the lOt" day of the month after the end of each quarter. The reports will include key performance indicator metric progress as set forth in Exhibit "A". If the information is not complete, paytnent will not be rendered until such completed information is submitted in each measurable. 4. Termination. Either party may, without or withaut 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 terminatian Contracior 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 ta the date of termination. 5. Monit�or'in . Contractor covenants and agrees ta 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. Inde �endent 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 ofiicer, agent, employee, or subcon#ractor of Contractor is in the paid service of the City of Fort Worth. 7. Indemnification. CONTRACTOR AGREES TO f1ND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL ltEPRES'ENTATIVES FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PE�ZSONS OR PROPERTY SUSTAINED Services Agreement between City of Fort Worth and Fort Worth Metropolitan Black Chamber of Commerce Page 2 of 9 IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT, EXCEPT TO THE EXTENT CA�IS�D BY THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF LESS4R, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. CONTRACTOR COVENANTS fiND AGREES TO, AND DDES HEREBY, INDEMNIFY, HOLD HARMLESS AND DEFEND AT ITS OWN EXPENSE, THE CITY, ITS OFFICERS, AGENTS, SERVANTS f11YD EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR EITHER PROPERTY DAMAGE OR LOSS (INCL UDING ALLEGED DAMAGE OR LQSS TO CONTRACTOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONA� INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CON�1'ECTION WITH THE EXECUTION, PERFORMANCE, OR ATTEMPTED PERFORMANCE OF THIS CONTRACT AND AGREEMENT, AND/OR THE SERVICES PERF4RMED HEREUNDER, EXCEPT TO THE EXTENT CAUSED BY THE �ROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE CITY, ITS OFFIeBRS AG�N�'S, SERVANTS OR EMPLDYEES. IN THE EVENT IT IS DETBRMINED THAT CONTRACTOR HAS MISUSED, MISAPPLIED OR MISAPPROPRIATED ALL OR ANY PART OF THE FUNDS PROVIDED HEREUNDER, CONTR�4CTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITF QF FORT WORTH, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES, FROM AND AGA�NST 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 abuve. This Section 7 shall survive the ex iration or termination of this A reement. 8. Form 990; Non-Profit. Within 30 calendar days following the execution of this Agreement, Contractor must supply the City with a copy of the completed Farm 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. 9. Assi�nment. Contractor shall not assign or subcantract 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. Services Agreement between City of Fort Worth and Fort Worth Metropolitan Black Chamber of Commerce Page 3 of 9 10. Compliance with Law. Contractor, its officers, agents, emplayees 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 Contractar 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, perfarmance or attempted performance of this Agreement, will not discriminate against any person ar 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, emplayees, 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 Cade af 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 subcontractars. 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 alI 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, ar nan-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 poiicy limits for Employers' Liability of $100,000 for each accident/occurrence, $saa,QOQ bodily injury disease policy limit and $100,000 Services Agreement between City of Fort Worth and Fort Worth Metropolitan Black Chamber of Commerce Page 4 of 9 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 af the fiscal period for which appropriations were received without penalty or expense ta City af 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 iinal payment under this Contract, have access ta 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 shalt be provided adequate and appropriate workspace in order to conduct audits in compliance with the pmvisions 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 iinal 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 shali 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. 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: Services Agreement between City of Fort Worth and Fort Worth Metropolitan Black Chamber of Commerce Page 5 of 9 Mrs. Christina Brooks Chief Equity Officer/Director Diversity and Inclusion Deparirnent City of Fort Worth 200 Texas St. Fort Worth, Texas 76102 (817) 392-7525 With copy to City Attorney's Office at 200 Texas Street Fort Worth, Texas 76102 17. Governmental Powers. Michelle Green Ford President Fort Worth Metropolitan Black Chamber of Commerce I 150 South Freeway, Suite 211 Fort Worth, Texas 76104 {817)871-6538 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. 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. 20. Severabilit�•. 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. 21. 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 fvrce 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, iires, strikes, lackouts, national disasters, wars, riots, material or labor restrictions by any governmental autharity, transportation problems and/or any other similar causes. 22. Contract Construction. Services Agreement between City of Fort Worth and Fort Worth Metropolitan Black Chamber of Commerce Page 6 of 9 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. 23. Headin s not Controllin . Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 24. Counterparts. This Agreement may be executed in ane 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 irnage) shall be deemed ta be an original signature hereto. 25. Entire A�reement. 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. Si�nature Authorit��. 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. 27. Prohibitions A. No Bo► cott of IsraeL If Vendar has fewer than 10 employees or this Agreement is for less than $100,000, this section daes nat apply. Vendor acknowledges that in accordance with Chapter 2270 of the Texas Gavernment Code, the City is prohibited from entering into a contract with a company for gaods 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, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the cantract. B. Prohibition on Boycotting Energy Companies. Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from entering into a contract for goods or services that has a value of $100,U00 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) Services Agreement between City of Fort Worth and Fort Worth Metropolitan Black Chamber of Commerce Page 7 of 9 will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. C. Prohibition on Discrimination Against Firearm and AmmuniHon Industries. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full- time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearxn trade association. The terms "discriminate," "firearm entity" and "firearxn trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or �rearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. [SIGNATURE PAGE TO FOLLOW] Services Agreement between City of Fort Worth and Fort Worth Metropolitan Black Chamber of Commerce Page 8 of 9 IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort Worth, Tarrant County, Texas, to be effective October 1, 2023. ACCEPTED AND AGREED: City: By: Name: Fernando Costa Title: Assistant City Manager Date: Nov27,2023 Fort Worth Metropolitan Black Chamber of Commerce By ---zt.;# Jl-�� Name: Michelle Green Ford Title: President/CEO Date: q -:) ( -;;L3 CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approval Recommended: � By: 01ristiAa Breehsiflo•,• t2923 96.14 CST)Name: Christina A. roo Title: Chief Equity Officer/Director­ Diversity and Inclusion Department Approved as to Form and Legality: By: � St:-,,.M.f: Name: J Strong Title: Assistant City Attorney Contract Authorization: M&C: 23-0911 Services Agreement between City of Fort Worth and Fort Worth Metropolitan Black Chamber of Commerce Page 9 of9 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: fl� Wkn­ Name: dwen Wilson Title: Assistant Director -Business Equity Diversitv and Inclusion Department City Secretary: C\.-0"'_,,_"_... A � By: /1 ,- -Name: J:mMtte Goodall Title: City Secretary ATTACHMENT A 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 af Business Equity Firms, and meet its annual goal of 25% on all City contracts over $100,oao.oa. DVIlV BE will provide the Chambers a quarterly MlWBE listing report to proactively communicate directly with Business Equity Firms from the certified Business Equity Firm list provided by the DVIN- BE. EDUCATION/TRAINING Deliverables Annual Goal Host and include the COFW as a Partner on two Major events, trade fairs, or Business Equity 2 Firm (BEF's) networking events, at no additional cost to the City COFW to have Prime placement in Chamber newstetters and websites to promote the City's 6 upcoming projects/bids, workshops, and events. Business Start-Ups and existing BEFs located within the Marketplace 5 ■ Identify, vet, and support a minimum af 5 new Business Equity Firms or existing Business Equity Firms expanding services or goods offered in azeas of City contracting or procurement needs within the City of Fort Worth. ■ Assistance with BEFs to obtain certification, documenting and tracking the firm throughout the process until completian. (BEFs must be certified with a city- recognized certifying agency). ■ BEF compliance, educational, and practical knowledge of the City's most current Business Equity Ordinance. ■ Number of BEFs competirively resgonding Yo City procurement opportunities as Primes and Subcontractors. ■ Proficiency and strength of BEF's financial reporting, and capital access. ■ Assist (5) or more first-time BEFs bidding on City Contracts, or small BEFs, with how to read, and interpret bid specifications, or how to respond to bid request Section 3, Retuming Resident, Workforce & Business Development 2 ■ Identify a minimum of five (5) smal! and very small BEFs who qualify as Section 3 Businesses in Construction or Construction-related services and City procurement areas of need (note: many of these firms exist as small neighborhood contractors working on non-commercial projects (i.e., plumbers, painters, and vertical construction-type work, etc.) for City projects and NIP, or NEZ projects. ■ Access to a training program that pravides education, support, and advice to enhance the technical and adminislrative capabilities of Section 3 workers Businesses, and Returning Residents. ■ Minimum of five (5) residents -Increase the rate of use of Section 3 and Returning Resident Workforce on City projects and or NIP*, or NEZ� projects. *Nei;.�hbort � � ccts or '�ei �hborhood Em ower� Gones Supply Chain Networking 2 ■ Assist twa (2) emerging BEFs nat etigibie for Prime opportunities over $500,000 to enter into a Joint Venture (N}, Private-Public Partnership, Mentor-Proteg� partnership, or other collaborative agreement in compliance with the City's Business Equity Ordinance on City contracts with a specific focus on City Neighborhood Improvement Programs, Neighborhood Empowerment Zones and Revitalization Target Areas projects. Must track and report autcomes, economic impact of the project, BEF growth, status, and lessons learned from the relationships. ■ Assist, and support BEF's ability to create, develop, and sustain stable access to supplies and materials for bid projects and procurement opportuniries. PROCUREMENT ASSISTANCE Deliverables Annual Goal Match Business Equity Firms from the Business Equity Management Database Report 5 provided by DVIN-BE to upcoming bids and requests, with a focus on bids and requests over $100,000 for multi-year contracts, identified on the City's procurement webpage at _ 1� __;�. Track the autreach and outcomes for Business Equity Firms in a quarterly report. Match Business Equity Firms from the Business Equity Management Database Report 5 provided by DVIN-BE to upcoming bids and requests, with a focus on bids and requests under $100,000 for multi-year contracts identified on the City's procurement webpage at _ _ 1' �'. Track the outreach and outcomes for Business Equity Firms in a quarterly report. Provide quarterly reports for direct services provided to Business Equity Firms for 5 procurement bid package submissions. The repart should include specific services provided, the procurement bid identification number, and outcames of direct service assistance. CERTIFICATION ASSISTANCE Deliverables Annual Goal Support the transition of six non-certifed Susiness Equity Firms to certified status 5 with the North Central Regional Certification Agency, or DFW-MSDC, Women's Business Council, or Texas Deparhnent of Transportation. Track the names and number of finns assisted or referred and outcomes in the quarterly report. COMIVIITTEES AND ADVISORY BOARDS � Deliverables Serve and participate in bi-monthly Business Equity Board Meetings INCLUSIVE ECONOMIC DEVELOPMENT Deliverables Annual � � Goal 5 Assist in the attraction of new Business Equity Firms to headquarters in the City's marketplace, as well as retain existing Business Equity Firms in the City's marketplace through one one-on-one engagement, and networking. Annua� Goal � 2 Promote the Business Assistance Center (BAC) as a one-stop shop for economic 12 development for small business enterprises on the Chamber website monthly. Assist in initiatives that are outlined in the MOU between the three local Chambers of Commerce (Fort Worth, Black, & Hispanic) and the City of Fort Worth by promoting those events and initiatives on the Chamber website monthly. 12 CITY COUNCIL AGENDA Create New From This M8�C DATE: CODE: 10/31/2023 REFERENCE NO.. C TYPE: **M&C 23- LOG NAME: 0911 F��T�'�o�rii -��- 08FY2024 FWMBCC CONTRACTAGREEMENT PUBLIC CONSENT HEARING: NO SUBJECT: (ALL) Authorize Execution of Contract with the Fort Worth Metropolitan Black Chamber of Commerce to Assist Business Equity Firms - Certified Minority and Women Business Enterprises in an Amount Not to Exceed $126,504.00 for the Period of October 1, 2023, through September 30, 2024 RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with the Fort Worth Metropolitan Black Chamber of Commerce in an amount not to exceed $126,504.00 to assist Business Equity firms - minority and women business enterprises for the period of October 1, 2023, through September 30, 2024. DISCUSSION: During the Fiscal Year 2023-2024 budget process, the City Council approved financial support for the Fort Worth Metropolitan Black Chamber of Commerce (FWMBCC) to continue providing business development assistance, construction assistance, and outreach programs to Business Equity Firms located in the City of Fort Worth's (City) six-county marketplace (Denton, Parker, Wse, Tarrant, Dallas, and Johnson counties). The City will pay the FWMBCC an amount not to exceed $126,504.00 to perform the services outlined under this contract. The annual renewal of the partnership agreement with the FWMBCC is to enhance its role in assisting the DVIN-Business Equity Division's (DVIN-BE) efforts to build the capacity of Business Equity firms in Fort Worth and the City's six-county marketplace and help DVIN-BE meet its annual goal on all City contracts valued at $100,000.00 and above. The FWMBCC's contractual deliverables require them to proactively communicate directly with DVIN-BE and with Business Equity Firms (certified minority and women-owned businesses (M/WBEs)) as follows: Deliverables Host and include the City of Fort Worth (COFV� as a Partner on two Major events, trade fairs, or Business Equity Firm (BEF's) networking events, at no additional cost to the City. COFW to have Prime placement in Chamber newsletters and websites to promote the City's upcoming projects/bids, workshops, and events. Business Start-Ups and existing BEFs located within the Marketplace Identify, vet, and support a minimum of 5 new Business Equity Firms or existing Business Equity Firms expanding services or goods offered in areas of City contracting or procurement needs within the City of Fort Worth. Assistance with BEFs to obtain certification, documenting and tracking the firm throughout the process until completion. (BEFs must be certified with a city-recognized certifying agency). BEF compliance, educational, and practical knowledge of the City's most current Business Equity Ordinance. Annual Goal 2 6 5 Number of BEFs competitively responding to City procurement opportunities as Primes and Subcontractors. Proficiency and strength of BEF's financial reporting, and capital access. Assist (5) or more first-time BEFs bidding on City Contracts, or small BEFs, with how to read, and interpret bid specifications, or how to respond to bid request Section 3, Returning Resident Workforce & Business Development Identify a minimum of five (5) small and very small BEFs who qualify as Section 3 Businesses in Construction or Construction- related services and City procurement areas of need (note: many of these firms exist as small neighborhood contractors working on non-commercial projects (i.e., plumbers, painters, and vertical construction-type work, etc.) for City projects and Neighborhood Improvement Projects (NIP), or Neighborhood 2 Empowerment Zones (NEZ) projects. Access to a training program that provides education, support, and advice to enhance the technical and administrative capabilities of Section 3 workers Businesses, and Returning Residents. Minimum of five (5) residents -Increase the rate of use of Section 3 and Returning Resident Workforce on City projects and or NIP, or NEZ projects. Supply Chain Networking Assist two (2) emerging BEFs not eligible for Prime opportunities over $500,000.00 to enter into a Joint Venture (JV), Private-Public Partnership, Mentor-Protege partnership, or other collaborative agreement in compliance with the City's Business Equity Ordinance on City contracts with a specific focus on City Neighborhood Improvement Programs, Neighborhood 2 Empowerment Zones and Revitalization Target Areas projects. Must track and report outcomes, economic impact of the project, BEF growth, status, and lessons learned from the relationships. Assist, and support BEF's ability to create, develop, and sustain stable access to supplies and materials for bid projects and procurement opportunities. PROCUREMENT ASSISTANCE Deliverables Annual Goal Match Business Equity Firms from the Business Equity Management Database Report provided by DVIN-BE to upcoming bids and requests, with a focus on bids and requests over $100,000.00 for multi-year contracts, identified on the City's 5 procurement webpage at www.fortworthtexas.gov/purchasing. Track the outreach and outcomes for Business Equity Firms in a quarterly report. Match Business Equity Firms from the Business Equity Management Database Report provided by DVIN-BE to upcoming bids and requests, with a focus on bids and requests under $100,000.00 for multi-year contracts identified on the City's 5 procurement webpage at www.fortworthtexas.gov/purchasing. Track the outreach and outcomes for Business Equity Firms in a quarterly report. Provide quarterly reports for direct services provided to Business 5 Equity Firms for procurement bid package submissions. The report should include specific services provided, the procurement bid identification number, and outcomes of direct service assistance. CERTIFICATION ASSISTANCE Deliverables Annual Goal Support the transition of six non-certified Business Equity Firms to certified status with the North Central Regional Certification Agency, or DFW-MSDC, Women's Business Council, or Texas 5 Department of Transportation. Track the names and number of firms assisted or referred and outcomes in the quarterly report. COMMITTEES AND ADVISORY BOARDS Deliverables Serve and participate in bi-monthly Business Equity Board Meetings INCLUSIVE ECONOMIC DEVELOPMENT Deliverables Assist in the attraction of new Business Equity Firms to headquarters in the City's marketplace, as well as retain existing Business Equity Firms in the City's marketplace through one one-on-one engagement, and networking. Promote the Business Assistance Center (BAC) as a one-stop shop for economic development for small business enterprises on the Chamber website monthly. Annual Goal 5 Annual Goal �a 12 Assist in initiatives that are outlined in the Memorandum of Understanding (MOU) between the three local Chambers of Commerce (Fort Worth, Black, & Hispanic) and the City of Fort � 2 Worth by promoting those events and initiatives on the Chamber website monthly. The FWMBCC will continue to provide program services such as business development initiatives, outreach, and construction assistance that includes bid estimating and related access to construction estimating software, as well as one-on-one counseling and mentoring. The FWMBCC coordinates monthly business roundtables and other activities designed to help small business development and growth in conjunction with these programs. Funding is budgeted in the Consultant & Other Professional Service account of the Diversity and Inclusion Administration Department's General Fund, as appropriated. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the General Fund to support the approval of the above recommendation and execution of the contract. Prior to an expenditure being incurred, the Diversity and Inclusion Department has the responsibility to validate the availability of funds. Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 21 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: ATTACHMENTS 08FY2024 FWMBCC CONTRACTAGREEMENT Updated FID.xlsx (CFW Internal) 08FY2024 FWMBCC CONTRACTAGREEMENT funds availability_.pdf (CFW Internal) FID TABLE - FWMBCC-$126504 5330500 .xlsx (CFW Internal) FWMBCC Form 1295 08-21-2023.pdf (CFW Internal)