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HomeMy WebLinkAboutOrdinance 27344-12-2024Ordinance No. 27344-12-2024 AN ORDINANCE REALLOCATING APPROPRIATIONS IN THE GENERAL FUND BY DECREASING THE NON -DEPARTMENTAL DEPARTMENT BUDGET IN THE AMOUNT OF $100,000.00, AND INCREASING THE CITY MANAGER'S DEPARTMENT BUDGET BY THE SAME AMOUNT, FOR THE PURPOSE OF PROVIDING SISTER CITIES WITH BASE FUNDING OF $50,000.00 AND AN ADDITIONAL $50,000.00 IN INCREMENTAL FUNDING BASED ON THE ORGANIZATION'S ADDITIONAL FUNDRAISING EFFORTS, WITH NO NET INCREASE TO OVERALL BUDGET; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2024-2025 in the Budget of the City Manager, there shall also be adjusted appropriations in the General Fund by decreasing appropriations in the Non -Departmental Department Budget in the amount of $100,000.00, and increasing appropriations in the City Manger's Department Budget by the same amount, for the purpose of providing Sister Cities with base funding of $50,000.00 and an additional $50,000.00 in incremental funding based on the organizations additional fundraising efforts, with no net increase to overall budget. SECTION 2. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent j urisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance 27107-09-2024 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney ADOPTED AND EFFECTIVE: December 10, 2024 CITY SECRETARY Jannette S. Goodall City Secretary CSC No. 62073 AGREEMENT FOR SERVICES THIS AGREEMENT FOR SERVICES ("Agreement') is made and entered Into by and between THE CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas (hereinafter referred to as` "City"), acting by and through its duty authorized Assistant City Manager, and INTERNATIONAL SISTER CITIES ASSOCIATION OF FORT WORTH INC., a non-profit Texas corporation (hereinafter referred to as "Contractor"), acting by and through its duly authorized Executive Director, RECITALS WHEREAS, since 1985, the Fort Worth Sister Cities program has been fostering relationships between the City of Fort Worth and communit€es around the globe; and WHEREAS, these relationships provide a public benefit by promoting tourism and understanding, contributing to the overall cultural vitality of the community, and providing educational and business opportunities for the City of Fort Worth and its citizens; and WHEREAS, City wishes to engage Contractor to continue to provide services In connection with the Sister Cities program. NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: AGREEMENT 9. SCOPE OF SERVICES. Contractor covenants and agrees to fully perform, or cause to be performed, with good faith and due diligence, the following services and objectives (collectively the "Services"): coordination of cultural, educational, business and sports exchanges between the City and its Sister Cities counterparts; coordination of meeting facilities, hotel accommodations, and travel plans in conjunction with Sister Cities activities; attendance at meetings as requested by City officials; and other services relating to Sister Cities activities as the City may request from time to time. 2. COMPENSATION. In consideration of the Services to be performed under the Agreement, the City shall pay Contractor in one installment the sum total of Fifty Thousand ($50,000,00) (`Base Funds) for the Initial. Term and for each Renewal Term. In addition, if Contractor is able to provide documentation demonstrating to the reasonable satisfaction of the City that Contractor has raised New Private Contributions of at least $50,000.00 during the Initial Term or during an Individual Renewal Term that it had not raised during the Immediately preceding contract year, then City shall pay Contractor, in one Installment, an additional sum of Fifty Thousand ($50,000.00) ("Additional Funds"). For purposes of this paragraph, "New Private Contributions" may consist of either (1) a net Increase of total private contributions as compared to the prior year or (Il) one or more funding sources that the Contractor did not receive during the prior year, including an additional grant amount from a prior donor. The Base Funds and Additional Funds may be collectedly referred to in the Agreement as the "Funds.". 3. FINANCE -RELATED REPORTING. a.••Contractor shall deliver to the City Manager's Office an Annual Statement of the receipts and expenditures of Funds detailing how the Funds were expended by Contractor to accomplish l performance of the Services. 6. RIGHT TO MONITOR SERVICES. Contractor covenants and agrees to fully cooperate with City in monitoring the effectiveness of the Services to be performed under this Agreement, and City shall have access at all reasonable hours to offices and records of Contractor for the purpose of such monitoring. 7. INDEPENDENT CONTRACTOR. Contractor shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of City. 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 respondeat superior shall not apply as between the City and Contractor, its officers, agents, servants, employees, subcontractors, or program participants. 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 pald service of City. LIABILITY AND INDEMNIFICATION. CITY SHALL IN NO WAY OR UNDER ANY CIRCUMSTANCES BE RESPONSIBLE FOR ANY PROPERTY BELONGING TO CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, OR PROGRAM PARTICIPANTS THAT MAY BE LOST, STOLEN,, DESTROYED, OR IN ANY WAY DAMAGED. CONTRACTOR HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS CONCERNING SUCH PROPERTY. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, City and Its officers, agents, servants, and employees from and against any and all claims or suits for property loss or damage and/or personal injury. Including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with the execution, performance, attempted performance, or nonperformance of this Agreement and/or the operations, activities, and services described herein, whether or not caused, In whole or In part, by alleged negligence of officers, agents, servants, employees, contractors, OR subcontractors of city; and Contractor hereby assumes all liability and responsibility of City and its officers, agents, servants, and employees for any and all claims or suits for property loss or damage and/or personal Injury, Including death, to any and all persons, of whatsoever kinds or character, whether real or asserted, arising out of or in connection with the execution, performance, attempted performance, or non-performance of this agreement and/or the operations, activities, and services described herein, whether or not caused In whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, or subcontractors of citV. Contractor likewise covenants and agrees to and does hereby indemnify and hold harmless City from and against any and all injury, damage, or destruction of property of City, arising out of or In connection with all acts or omissions of Contractor, its officers, members, agents, employees, subcontractors, invitees, licensees, or program participants, whether or not caused, In whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, or subcontractors of city 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, even If the Injury, death, damage, orloss is causedbyCity's sole or concurrent negligence. 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 shall survive the expiration or termination of this Agreement. 9. MISAPPRORIATION OF FUNDS. 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 Agreement for Services- CFW / Sister Cities FY2025 Page 3 oN 15. RIGHT TO AUDIT RECORDS. Contractor 'agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine, whether in hard copy or electronic format, any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Agreement. 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 effectthat the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract or this Agreement, have access to and the right to examine, whether in hard copy or electronic format, any directly pertinent books, documents, papers, and records of such subcontractor involving transactions relating to the subcontract or this Agreement, 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. This Section shall survive the expiration or termination of this Agreement. 16. GOVERNING LAW AND VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. 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. 17. 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 mall, postage prepaid, to the address of the other party shown below: Valerie Washington City Manager Office City of Fort Worth r 100 Fort Worth Trail (fka 100 Energy Way_ ) Fort Worth, Texas 76102 (817) 392-6192 with copy to City Attorney at same address 18. NO WAIVER. Mae Ferguson President/CEO InternaN Sister Cities Assoc. of Fort Worth, Inc. 908 Monroe Street, Fifth Floor Fort Worth, Texas 76102 (817) 632-7104 The failure of City or Contractor to Insist upon the performance of any term or provision of this Agreement or to exercise any right conferred herein shall not be construed as a waiver or relinquishment to any extent of City's or Contractor's right to assert or rely upon any such term or right on any future occasion. 19. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. Contractor hereby warrants to the City that Contractor has made full disclosure in writing of any existing or potential conflicts of Interest related to Contractor's services under this Agreement. In the event that any conflicts of Interest arise during the time In which this Agreement is in effect, Contractor hereby agrees immediately to make full disclosure to the City In writing. Agreement for SeivIces - CFW / Sister Cities FY2025 Page 5 of 9 the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2276 of the Texas Government Code. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor' s signature provides written verification to the City that Contractor: (1) does not boycott energy companies; and (2) will•not boycott energy companies during the term of this Agreement. Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, 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 mare 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 firearm trade association. The terms "discriminate," "firearm entity," and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (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 against a firearm entity or firearm trade assoclatlon during the term of this Agreement. 24. REVIEW OF COUNSEL. The parties acknowledge that each party and Its counsel have had the opportunity to review and . revise this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed In the interpretation -of this Agreement or any exhibit hereto. 25. ENTIRETY OF AGREEMENT. This written Instrument (together with all exhibits and schedules attached hereto and Incorporated herein) constitutes the entire understanding of the parties hereto concerning the subject matter and transaction addressed herein. Any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall be void. I [SIGNATURES APPEAR ON FOLLOWING PAGE.] Agreement For Services - CFW / Sister Cities F'Y2025 Page 7 of 9 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Mae Ferguson, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the International Sister Cities Association of Fort Worth, Inc, and that he/she executed the same as the act of said International Sister Cities Association of Fort Worth, Inc. for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this Linda M. 1-11rdinger • My Co21212026Exp1res Notarryy Ip EC -A 124144746 STATE OF TEXAS COUNTY OF TARRANT f �Y� r-7 day of QCA , A.D. 2024. -14o .Qt_c ng, Notary Public in and for the State of Texas4- BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Valerie Washington, known to me to be the person whose name is subscribed to the foregoing Instrument and acknowledged to me that the same was the act of the City of Fort Worth for the purpose and consideration therein expressed and in the (capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE. this �f � day of � C� A.D. 2024. Linda FA. Hirrlinpar My commission Expires 21Z12026 Notary Ip 124144746 I }} I Notary Public in and for the State of Texas Agreement for Services - CFW ! Sister Cities FFY2025 Page 9 of 9 City of Fort Worth, Texas Mayor and Council Communication DATE: 12/10/24 MSC FILE NUMBER: M&C 24-1031 LOG NAME: 0202SISTER CITIES FUNDING FY25 SUBJECT (ALL) Adopt Appropriation Ordinance Reallocating Appropriations in the General Fund to Reduce the Non -Departmental Department Budget by $100,000.00 and Increase the City Manager's Department Budget by the Same Amount to Provide Budgeted Funding to International Sister Cities Association of Fort Worth, Inc, in Fiscal Year 2025, Wth.No Net Increase to the Total Budget RECOMMENDATION: It is recommended that the City Council adopt the attached appropriation ordinance reallocating appropriations in the General Fund by decreasing the Non -Departmental Department budget by $100,000.00 and increasing the City Manager's Department budget by the same amount, for the purpose of providing Sister Cities with $50,000.00 in base funding and an additional $50,000.00 in incremental funding based on the organization's additional fundraising efforts, with no net increase to the overall budget. DISCUSSION; The purpose of this Mayor and Council Communication (M&C) is to reallocate appropriations in the General Fund to support payment to International Sister Cities (Sister Cities) in the current fiscal year (FY). In 2018, the City Council authorized an agreement with Sister Cities to administer the Fort Worth Sister Cities Program, with the agreement having an initial term of one year and four additional renewal options of one year each (M&Cs C 28859 and C-29092) with annual funding of $50,000.00 per year. In addition to monetary payments, the City also supports Sister Cities by charging the organization only $100.00 per year for the lease of City -owned space with an estimated annual rental value of $48,000.00 (M&C L-16176). Because the City Manager's Office supports Sister Cities and is interested in finding ways to help leverage the public tax dollars provided to them, starting with the FY2023 renewal the Sister Cities agreement has provided the organization with the ability to get up to $50,000.00 in additional annual funding from the City as a dollar -for -dollar match tied to the organization's fundraising. In FY2023 and FY2024, Sister Cities was able to obtain additional outside grant funds and access the additional $50,000.00 from the City (M&C 23-0511). For FY2025, the organization has again increased the amount it has raised from outside sources and is entitled to the additional $50,000.00. Adoption of this M&C will adjust appropriations in the General Fund to move both the base funding, which has already been paid to the organization, and the additional funding. The full $100,000.00 was appropriated in the Non -Departmental Department in the FY2025 budget. Adoption of this M&C and the attached ordinance will move that funding overto the City Manager's budget butwill not increase the bottom line total forth General Fund budget. This action will align appropriations with both.the previously issued base -funding payment and allow for the additional funding payment to issue. Funding is budgeted in the Other Contractual Services account within the General Fund in the Nondept Other Contractual Department to be used for the CMO Sisters Cities Department. About Fort Worth Sister Cities International Fort Worth Sister Cities strives to cultivate international relationships and understanding among youth, adults, and businesses through educational, leadership, and exchange programs that promote tourism and commerce in the City of Fort Worth and produce economic and public benefits for the entire Fort Worth community. In 2016, Sister Cities International in Washington, D.C. engaged value ideas to conduct an economic impact study, which indicate that the organization and program provide a $14+ million positive economic impact to the City of Fort Worth on an annual basis. The organization orchestrates internationally recognized inbound and outbound exchange programs; provides essential instruction for protocol and diplomacy; produces unparalleled youth and educator programs; and conducts trade missions to foster economic development. Since its inception in 1985, Sister Cities has researched and secured nine international partner cities with similar goals including Reggio, Italy; Trier, Germany; Nagaoka, Japan; Bandung, Indonesia; Budapest, Hungary; Toluca, Mexico; Mbabane, E=swatini; Guiyang, China and this year, Nimes, France. Fort Worth is recognized as having the "Best Sister Cities" program in the United States. A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity. 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. Priorto an expenditure being incurred, the City Managers Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office by. Valerie Washington 6192 Oriciinatinci Business Unit Head: Valerie Washington 6192 Additional Information Contact: Denis McElroy 2758