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HomeMy WebLinkAboutContract 28238STATE OF TEXAS § �I�Y ���R���1� - � � j - " COUNTY OF TARRANT § ,��j��'��C� �I�,; . _ . . ,�: " _,_._:_. WHEREAS, the Fort Warth Hispanic Chamber af Commerce pro�ides professionaE senrices to small minority and women owned businesses; and WHEREAS, the City of Fort Worth desires to contracf with Fart Worth Hispanic Ghamber of Commerce on a consulting basis to provide such professional services to small minori#y and women owned busi�esses and to Fort Worth residents who are owners of fihese smal� businesses; and � WHEREAS, #he Fork Worth Hispanic Chamber of Commeree has offered to pro�ide such professipnal services on a consuffing basis with the City to citizens of �he City of Fort Worth; N4W, THEREFC�RE, THIS CONTRACT F'URTHER WITNESSETH: That for ar�d in consideration of the m�tual cavenants, promises and agreemenfs contained herein, tne City of For� Worth ("City"), a�ome-rule municipal corpora#ion acting by and through C�arles R. Bosweli, its duly authorized Assistant City Manager, and the Fort Worth Hispar�ic Chamber af Commerce ("Contractor"}, a non-prafit Texas corporation acting by ar�d through Rosa Na�ejar, its duly authorized CEO, do hereby covena�t and agree as follaws: 1. Contractor eovenants and agrees to provide business serv�ces in Fori Worth on a consulting basis to the citizens of Fort Warth. Such services ar� #o be pro�ided for a period beginning October 1, 2�02, and endir�g Sept�mber 3fl, 2003; same more fuily described in Exhibifs "A", "B" and "C" attacned herefo and incorporated her�in for all purposes incider�t to this canfraet. 2. In cansideration -of the setvices �o be perFormed hereunder by Contractor, Ci#y promises and agrees to pay Contractor $82,71 a in fiwo installments; #he first instaflment of $4�,35�, ta be disbursed not more �han '15 days after execution of the cantract; the second instafiment of $4�,355, no later than April 1, 2003. Cantractor will submif monthly reparts [Attachments I, II, !!I, and Attachment fV] for setvices and acti�ities � undertake� by Contractor in �erformance af this contract. Each repart will be signed by �,I. �, II :�{�l��i��� Y ;, ��� 4 N C ��"IIYir�t��` i y F•_. �.1i.' Y � � � ���� �' _ . a duly authorized agent of cantractor and submitted by the 15�h of the month �olfowing fhe month which is reported. 3. Either party may cance[ this contract upon thirty {3d) days' notice in writing to fhe other party of such intent to terminate. In the e�ent of such termination, City shalf reim�urse Contractor in the services pertormed up to th� daie of term�nation. 4. Cantractor co�enants and agrees fio fiully cooperate wifh City in monitoring the effeciiveness of the services to be perFormed under this agreement, ar�d City shall have access at a!I reasonable hours to offices and recards of Contractor for the pu�pose of such mon�toring, 5. Contractor shall ape�ate hereunder as an independent cantractor and not as an officer, agent, servants, or employee of ti�� City of Fart Worth. Canfractor shall have exclusive control af and the exclusi�e right to control the details of the services pertormed 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 partici�ants. TF�e doctrin� of respondeat st�perior shall no� apply as between the City and contractor, its officers, agents, servants, employees, subcont�actors, or program par�icipants, and nothing herein shall he cons#rued as creating a partnership or join� enterPrise betwe�n City anr� Cont�-acfar. It is expressly undersfood and agreed that no officer, agent, employ�e,_or subconfractor of Contractor is in �he paid service of fhe City of Fort Worth. �. . City shall in no way or �ander any circumstance be responsible for any property aelonging to Con�ractor, its offic�rs, agents, employees, or su�contractors or program participants, which may be . fost, stolen, destroyed or in any way damaged; and Gontractor hereby indemnifies and ho�ds harmless the City, its offEcers, agents, and employees, from and against any and a�l such claims or suits. 7. Contractor co�enants and agrees fo indemnify, hold harmless and defend, at its own expense, the City, its officers, agents, servants, and empfoyees, from and agains# any a�d alf claims or suifis for pro�erty Ioss ar damage andlor personal injury, including � death, to any and all persons of whatsoe�er kind or character, wY�ether reaE or ass�r�ed, arising out of or �n cannectio� with th� executior�, pertormance, a#tempted p�rformance or nonperformanc� af fhis contract and agreement, andior the services �erf'ormed hereunder, whether or nofi cause, in whole or in part, by allege� negli�ence af ofFicers, agents, servants, or� emplayees of the Ciiy of Fort Worth; and Contractor hereby assumes all liability and responsibility of City, its officers, agents, servants and em�loyees, for any and all claims or sui#s afi property loss or damage andlar personal injury, inciuding deafh, to any and all persons, of whatsoever kind of charact�r, whether rea� or asserte�, arising out of or in connectian with the execufion, performance, . attempted andlor the services performed hereunder, whefher or not ca�ase, in whole or in part, by alleged negligence ot officers, agents, servants, or employ��s of City. ln the �vent i# is determined fhat Contractor has misused, misapplied or misappropriated all or any parf o# the funds provided hereunder, Con#ractor agrees fo indemnify, ho�d harmless and defend the City of Fort Worth, its officers, agents, servants, and employees, from and against any and all claims or suits resulfing from such misuse, misapplication or misappropriation. 8. lf Contractor, as a charitaf�le or nonprpfit organization, has or c�aims an immunity or exemption (statutory or otherwise} from ar�d against Iiabi�ity for damage or injury, inclurfing death, to persons or property, Contractor hereby express�y waives its ri�hts to plead defensively s�ch immunity or exemption as against the City. 9. Contractor shafl not assign or s�bcontracfi all or any part of Rfs rights, pri�ileges or duties under this confiract withouf fhe prior written consent of City, and any atternpfed assignment of subcontract of same without such priar written a�proval shali be �oid and consfitute a breach of this agreement. 10. Contractor, its ofF�cers, agents, employees and su�contractors, shall abide by and comply with aIl laws, federal, state and local, �ncluding a�l ardinances, rules and regulatians of fihe City of For# Wo�fh. lt is agreed and understood that, if City calfs fa the attention of Cantractor any such �iolation on fhe part of Confracfor or any of its officers, agenfis, employ�es or subeantractors, then Contracfar shall immediately desist from and correct such violation. , � '� � . Contracfor, in the execution, per�ormance or a�t�mpted perFormance a�F t�is contract and agreement, will not discriminate against any person ar persons because of sex, race, religion, color or national origin, nor will Cantractor permit its offic�rs, agents, employees, or subcontractors to engage in suci� discriminafion. This agreement is made and enter�d info with reference specifically to Chapter 17, Article III, Division 3, of the City Code of �he City of Fort Worth ("Discrimination in Emp[oyment Practices"), and Contractor hereby covenants and agrees that Confrac#or, its agents, empioyees and subcontractors have fully complied with all pro�ision� of same and that no employees, or emp�oyee-ap�licant has b�en discrimir�ated against by the terms of such ordinance by either Contractor, its agents, employees or subcontractors. 12, Contractor shaq furnish a certificafe of insurance as proof that it has secured and paid fior a policy of public liability insurance cavering alf public risks incident to or in connection with the execution, perFormance, attempt�d perFarmar�ce ar nonperformance of #htis contract and agreement. Such amounts shall be as follaws: Proper�y damage, per accurrenc� $'f 00,Q00 Bodily injury or death, per person $25�,aaa Bodi{y injury of deafh, per occurrence $5Da,0a0 with the un�erstanding and agreernent Cantrac#or tha# such insurance amounts shall be re�ised upward at City's option and the Contrac�or shall rsvise such amounts within fhirty (30) days following natice to Contractors of such reauirem�nts. Contractor further agrees that it sha�l com�fy wifh the Worker's Compensation Act of Texas a�d shail provide sufficient compensation insurance ta protect Contractor and t�e City of Fort Worth from and against any and al) Worker's Compensation claims arising from the work and serrrices pravided under this canfiract_ �3. In fhe evenf no funds or insufFicfent furtds are appropriated ��y fhe Gity in any fiscal period any payments hereunder, City will notify Consultant ofi such occurrence and th�s Cantract shall ferminate on the last day of the fiscal period far w�tich appropr�ations were received without penalty or expense to City ot ar�y kind whatsoe�er, r except as to the portions of tt�e payments herein agreed upan for whicn fur�ds shall have been appropriated. 14. This written insirument canstitutes the entire agreement by the parties f�ereta concerning the work and servic�s to be perFormed hereunder, and any prior or contemporaneous, oral or written agreement, which purpor�s to vary fram the terms hereof shall be �oid. '[ 5. Should a�y acfiion, whether real ar assert�d, at law or in equity, arise out of the execution, perFormance, attempfied performance of this contract and agreem�nt, venue for saici�action shall lie in Tarrartt County, Texas. IN WITNESS WHEREOF, the parties hereta have executed this agreement ir� multiples in Fort Wort}�, Tarrant Counfiy, Texas, this , A.D. 2002. ATTE T: .i �� r �oria earso City Secretary� APPROVED AS TO FORM AND LEGALITY: _ � r� Assis t City Atiorney Da#e: ATTEST: t���� o� � ' day of C[TY OF FORT WaRTH BY� ��- v lJ�l � Charles R. Boswep Assistant City Manager �. �_ � I ���_ ,_ ,_ . _.� ���',�i��+"€i�'t ,AlI��4I��.�Bl,t�blfA _:,�!_�_jr ra. J:�,`�.-.-W--_..�_ �.__.� �� a�.� ' FORT WORTH HISPANIC CHAMBER OF COMMERCE By� ��l`t,� C�.� �� h� Rosa Na�e'ar � � 1 CEO � i ,�,,�� �� �� : ,. ..a ari 'j1 y � '�� �� STATE OF TEXAS COUNTY OF TARRANT � �, � BEF(�RE ME, the undersigned authority, .a Notary Pu�lic in and for th� Sfate of Texas, on this day personally appeared Rosa Nar�ejar, known to me to be the person whose name is subscribed to the �oregoing instrum�nt and acknov�r�edged to me tt�at the same was the act af the Fort Wor�h Hispanic Chamber of Commerce and that si�e execu�ed the same as the act of said Fort Worth Hispanic Cham�er of Commerce for the purpose an� considerat9on therein expressed and in the capac�ty therein stated. . G1VEN UNDER MY HAND AND SEAL OF OFFiCE fhis �' �`� �-��llJ d ay f����,��,�� of, A.D. 2d02. .- � 9 r.�� � � ; �� , � ���� � �_. - i/ /r4--4"/ If �.:.._J . N�ary��P�u�lic ir�and for � `� the Stafie of Texas �, l�.�nRlAaw-�- ^� �nYp �LI�OY� �1lEli6� . � � t�DT�tY �l�6iG i�AT� ei T� � p soo�iaaian exF����: . '�,�o����' s��T�wo�es �, a��s STATE ��'TEXAS C�UNTY OF TARRANT � 0 BEFORE ME, #he undersigned authority, a Notary Pubfc in and for the Stafe af Texas, on �his .day personally appeared Charles R. Boswell, known to me to be the person whose name is subscribed to the foregoing instrument and ackriowledged �o me that the same was the act of the City ofi Fort Warth for the pur�os� and consideration therein expressed a�d in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ��� day of ,� , A. D. 2�02. �,�.� ����: Notary Public in and for qP�Y pL`tiy ROSELLA BARNES the Sfiafe of Texas _° ��� � NOiARY PUBLIC ' - �����f State of iexas , „�o��',,�Gomm. �xp. 03-31-20Q5 '- n � �e'�e ■ i i � . . . u , �� �. .-�.� EXIIIF3TT A PRO�R�i11�I SUMI�RY FORT WORTH HI�PAI�C CHAIVIBER OF CO1VilVIERCE AGENCY BUSII�ESS ASSISTA.�CE PROGRANI . PROGRAM 00000 1 October 2002 to 30 September 2003 $82,7.10 CONTRACT NO. PERIOD p�p�� PROGRAM SUMMARY To �rovide o�treach efForts and market apprapriate business services to assist M/WBE businesses located in, but r�ot limited to the Northern area o�the City. C�LTNCIL DISTRICTS All PROGRAM GOALS � To idenfify and evaluate small MIWBE busines� owners and provide appropriate business services with matching resources. PROGRAM UB.TECTIVES • To provide business services that will allaw sx�aall businesse� to access expanded mairkets for goods and services, and o To provide assistance in obtaining capital resourses that will allo�v small business stari-ups, expansion, and stabilization af small businesses. PROGRAM SERVICES and ACTN�TIES o Number Unduplicated Clients �erved � Clients Assisted Business Plaz�s � Clien�s Assisied Marketing Plans � Glients Pravided Business Couns�ling GOALS 165 60 25 so EXHIB�T B �P1a�G� S�R��E S�I�EE��]C I'��-t VV�rtI� �rIispami� ����b�� �f ����erc� A�ilY�x ��s���s� �sistam�� P�og�a�� � ����� Actnvn�y Oct lvov Numher of UndupIicated Clients 5azved 13 14 Cliez�ts Assisted Business Plans 5 5 Clients Assisied Marketim� Plans 2 2 CIienLs Assisted Business Counseling 7 7 �ec I3 5 2 ��� 13 5 2 F�b 1VIa¢� Al�e- 13 _ I4 � l3 5 S � 2 2 2 1V�I�.y ,�a�� Jeal 13 13 14 5 5 5 3 2 2 A�� 13 5 2 Sep 13 5 2 �o�al 165 6Q 25 6 7 7 7 6 6 7 7 7 6 $� 0 CITY OF FOR7 WORTH GENERALFUND ANNUALBUDGET CONTRACT PERIDD� From: 10/�120b2� Name a# Sub Grantee I � Program General� I Cost Category I Budget Fund �ER50PlA� S�RVICf�S Salaries 53,945 53,945 FICA 4,'f27 4,'f27 Life Insurance 12g �Zg Health Insurance 4,704 4,704 Employmeni Tax - State 444 444 Employment Tax - Federal - - Worker's Comp 554 554 Retirement _ _ SIJPPLIES Office Supplies 4�7 q�7 Postage 1,300 1,300 Teaching Aids _ , Other Operafing Expenses - _ CONTRACTUAI� S�RVlC�S Telephane '[,BQD �[,800 �iectric _ Gas _ _ WatedWaste Disposa[ . _ Building Lease 12,004 12,D�0 Janitorial Services _ _ Office �quipment Rental _ _ Printing 1,000 1,0�0 • Repairs _ _ Fidelity Bond 150 150 Liability Insurance 6D0 600 Legal &Accounfing 9,500 1,500 Pri�afe Auio Allowance - Local _ _ Adver#ising _ _ Conference 8 Seminars _ _ Contractaai Senrices _ ,. Miscellaneous _ _ CAPITAL QUiLAY O�ce Fumiture .. ' _ Camputer Equlpment - _ Other. [Described7 _ _ I TOiAL� 82,710 � 82,790 � MAiCH1NG FUN� SOURC�S � [aj [b] [c] [c] To: 913012003� Name of Program - � [a] Cbl [�] - I - I _ � EKHIBIT C Page 1 of 3 � � [d] � �UDC�i D�TAIL � P�FiSONAI. S�R111G�5 Fiourly Annual Position 1 Title Rate Nours 1 Director, Business Assistance Program 17.31 1906..66 2 Office Assistant 10.�9 1906.66 3 Executiv� D�rect�rlPresident 26,97 1906.66 4 5 6 7 8 9 1Q TOTAL STAFF SALARIES CATEGORY FICA Life Ins�ra�ce Health Insurance Employment Tax State Employrnent Tax-Federal Worker's Camp f2etirement iDTAL FRINGE BEN��lTS 7�TAL P�RSONAL S�RVICES % of Payrofl 7.fi5% O.fi% 2�.8fl% 2.06°/a 3.09% O.OD% 0.0�% FRIPlGC� ��N�FIiS °/fl Paid Arnauni by Agency �4,127 0 324 0 11,760 0 1,1'I1 0 1,667 0 - 0 - 0 % of Time 80.0% 60.0% 30.0% % Paid by Fund 1D0% 40°/a 40% 40°/a 33% �% Q% Page 2 of 3 Amqunt 26,403 12,115 � 5,427 53, 945 � Amount 4,127 129 4,7D4 445 550 9,955 63,9a0 r � Categary ielephone Eleciric Gas Water 1 Waste Disposal Other: [Specifyj TOTAL UTILITIES � 1 1327 Narth Main 2 3 TOTAL BUILDING LEASE � Category Fidelity Band l,iability Insurance Legal & Accounting . TOTAL OTHER �XPEN5E5 BUDG�T D�iAIL Page 3 of 3 UiILITi�5 � Average Gost Number of Per Month Months Amount ��o �z �sao 0 0 - 0 0 - 0 f1 - 0 0 - 1800 �UILD[NG LEASE � No. Square Cost Per Bui�ding Location Fflot Square Foot Amaunt 10Q0 1 12,000 0 0 - 0 0 - 'i 2,d00 OTH�R �XP�NSES � Total % Charged Charge � To CDBG Amount 0 0.0°/a - � 0.0% - 0 4.0°/a - D CONFERENCES & SEMINARS � iotal °Io Charged �Wenf Charges to CDBG Amount 1 EducatiQnal Seminars 1000 100.4°l0 1 Q00 2 a o.oa�a a � o o.o�io 0 TOTAL CONFEREfJGES & SEM[NARS 100D � OF�ICE �QU[PMENT R�NTA� � Totaf % Charged Item Charge to CDBG Amount 1 Q 2 � 3 � TOTAL OF�ICE EQUIPMENT REt�TAL 0 ATTACH1VrENT I SECTIqN I(AGENC� C[IRRENT MONTA CUMULATIV� 1. Reimbursement Request L �xpenditures: , � � 2. Income A. Program Income � � B. City af Fort Worth � $ C. Interest Earned CDBG Funds � � 3. 12eimburseznent (1 minus 2) � � IL Advance Pay Requests/ Repayment $ � III. Reporting Interest • 1. lrnterest over $25 per quarter returned tv City of Fort Worth $ � S�CTION � (CITY} _ I. MARS —I'urchasing Request A, MARS TNPLJT: Vendor I i'O Number I Requisition Nunnber: B. Fund 1 Account / Center: GG01/539120/09062Q0 C. Total Amount of this Request: � � SEGTION III I. Verification A. Contract Manager CYTY OF F�RT WORTH XNTERGOVERNMENTAL AI'�'AIRS AND GRANTS MANAG�EII�NT REQUEST FOR FUNDS . _ _ ^ AGENCY: � Fark Worth Hispanic Chamber of Commerec • PROGRAM NAME: Business Assistanes Prograam 1327 Narth Main St. CONTRACT N[]MBE� R: 00000 Foti Worih, TX 76106 CO�1'�'RACT AMOUNT: $$2,q�Q DAT� UF REQUEST: (Name} B. l+rIARS -- Purchasing (tYame) C. Accounting (Nazne) �I. Authorizafion A. Agency (�rtame) B. Conlxact Compliance Supe�rvisor (Name) C. Assistani to the City Manager (]Varr�e) AISTRIS[TITOI'4: White - Accouniing Blue - rAGM Green - Agency (Signature) (Signatura} (Signaturc} {S ignature) (Signature) (Signature) (�ate) (Date} (nate) (Date} (rJate) �ate} CITY O� FrORi WORTH ATTACHM�NT II �NTERGOVERNM�NTAL AFFAlRS ANb GRANT5 MANAGEM�NT Cp�[T�ACT MANACEM�NT DNISION DETAIL STAT�MENT OF C05TS Fart Worth Mispanic Ghamber of Commerce AGENCY CONTRACTiVO. QATE Business Assistance Program To pROGRAM REpDRT PERIOp PROGRAM —T— MON7FiLY ' CUMULATIVE � C057 CATEGORY ACCOUlVT BUDG�T EXPENbI7URE5 70 bATE BALANCE PERSONAL SERVICES — — -' Salaries ' 616 010 FfCA 518 010 � ' Life Insuranae 518 050 . Health Insurence I 518 060 i IJnemp[oyment Tax- State I 51 B 090 Worker's Comp 519 04D Refirament 51 B Q7p ' 5UPPLIES Offioe Supp[ies 521 01p Postage 521 02D Teaching Airls {pquipmentj 522 030 ' Food Supp[ies 522 Q30 Other Operating Supplies 523 300 CONTRAC7l1AL SERVICES Teleqhone 535 040 ' —• Flectric 535 Q20 � � Gas fUtliity] 535 01 p I I WaterlWaste �ispasaf 535 030 I Rent fsulldinq] 637 010 I CuStodia! Ser�ices 539 22D I Office Equipment Rental _ 537 Q30 I Printinp 533 030 � I Repairs 536 010 � � Fidelity Band 538 210 I Liability insuranca 534 020 � Legal & Accounting 538 Q5D � Privata Auto Allowanae- Local 532 13fl i Advertisinq 533 01 fl — — Con#erences & 5em[nars 531 180 Contractual Services 539 120 � CAPITAL OUTLAY Furniture, Fixtures 541 330 ' -" ' Office EQuipment, C_o_mputers 541 370 _ I — Other Equiprnent 541 320 TOTAI. �— � Contractors Certificativn: I certify thaY the cosEs Incurred are taken fram the 600ks of account and that such costs are valid ar�d consistent with the terms of NAME and TiTLE OF AU7HOFtIZED OFFICER SIGNATURE and AATE - PREPARE OiV� FORM FOR EACH 50URCE QF FUNDS tiISTRIBUTION: White: Accounting Blue: IAGM Green: Agency IABCiM FORµ 9fi�03 CITY OF FURT WORTH INTERGOVERNMENTAL AFFAIRS AND GRANTS MANAG�MENT EXP�NDITURES WORKSHEET Fort Worth Hisnanic Chamber of Commarce Agency Business Assistar�ce Froeram Program NO DATE CHECK I N�. ! 1 z � 4 S 6 7 8 9 10 11 1� 13 14 15 16 17 18 19 20 21 22 �.3 24 26 � � Contract Nwnber Date ATTACHMENT III TO REPORT PERIOD PAYEE DESCRIl'TION ACCOUNT NO. AMDUNT T�TLE OF AUTHORIZ�D Q�'k'IGER 17IS77ZIBUTI�N White: Accounting Blue: iA.GM Green: Aget�cy I TOTAL �. � SIGNATURE and DATE �"`i�y of'Fo�t T�or�`h, T'eacas l�i�yor ��o� C�u�cil Gor�fmu�i���ion DATE R���R�NC� NUMB�R LOG NAME PAGE 11I12102 **�d����,� 02HlSPANIC 'E of 1 sug��cT CONTRACT WITH THE'F�4�T V���R�H Hf�Af�l� CHAMBER OF COMMERCE REC4MMENDATION: lt is recomm�nded that the City Council: 1. Aufhorize the City Manager to execute a contrac# witi� the Fort Worth Hispanic Chamber af Commerce in the amount of $82,710; and 2. Authorize t�te con�ract to begin October 1, 2002, a�d expire September 30, 2003. DISCU5510N: During �he FY2�Q2-2�03 budge� process, the City CounGi! apprvved contracting with t�e Fort Worth Hispanic Chamber af Commerce {Ghamber} ta con#inue providing financial assistance and outreach programs to minoritylwomen�owned business enterprises (MIWBE} and small busin�sses located in Fort Worth. For the past 25 years, the Chamber has counsele� a multitude af individuals based on their business needs. The Chamber assists clients wi#h topics such as tax planning, employee-related issues, marketing, and a number of other small business related issues. In addifion, the Chamber provides program services such as business planning assistance, certification assistance, and busines� counseling, and clients rsquiring assistance with business plans recei�e model instructions on how to complete their �art[cular plan. ]n order for #he Chamber to continue providing these services, it is recommended that a contract be executed befween the City of Fort Worth and the Fort Worth Hispanic Chamber of Commerce for the periad of 4ctaber 1, 20�2, through September 30, 2003. FlSCAL INF�RMATi�NICERTIF'ICATION: The Finance Director certifies that funds are available in the currenf aperating budget, as appropriate�, of the General Fund. CB:k Subxnitted far Ci�y Manager's n Office 6y: Charles Boswell Originatiug Depar4ment Head: Charles Soswelf Additional Iuformation Contact: Charles Boswell I FUND � ACCOUNT I � {to) � 6183 � 6183 I (from} GGD1 539120 6183 � CENTER 0906200 I AMOUNT $82,710.�0 CI'I'Y SECRETARY APPROVED 11/I2/02