HomeMy WebLinkAboutContract 45168 CITY SECUJARY
CONTRAU NO.
SERVICES AGREEMENT BETWEEN CITY OF FORT WORTH AND
.FORT WORTH HISPANIC CHAMBER OF COMMERCE
This Agreement ("'Agreement") is made and entered into by and between the City of Fort Worth
11cityl?), a home-rule municipal corporation organized under the laws of Texas'l acting by and through
Fernando Costa, its duly authorized Assistant City Manager, and the Fort Worth Hispanic Chamber of
Commerce ("Contractor")l, a Texas non-profit corporation, acting by and through Asusena Resendiz, its
duly authorized Chief Executive Officer.
RECITALS
WHEREAS, the Fort Worth Hispanic Chamber of Commerce provides professional services to
small minority and women owned businesses; and
WHEREAS, the City of Fort Worth desires to contract with the Fort Worth Hispanic Chamber
of Commerce on a consulting basis to provide professional services, as outlined in Exhibit "A", to small
minority and women owned businesses and to Fort Worth residents who are owners of these small
businesses; and
WHEREAS, the Fort Worth Hispanic Chamber of Commerce has offered to provide such
professional services on a consulting basis with the City to citizens of the City of Fort Worth-,
NOW, THEREFORE,, folr and in consideration of the mutual covenants,, promises and
agreements, contained herein, the parties do hereby covenant and agree as follows,.-
AGREEMENI
1. Services.
Contractor covenants and agrees to fully perform, or cause to be perfon-ned, with good faith and
due diligence, all measurables, (�.4 Services") described in the attached 'Exhibit "A" and incorporated
herein for all purposes incident to this Agreement. The Services shall be performed in accordance with
these measurables, attached hereto as Exhiblit "A" and with the budget, attached hereto as Exhibit "B"
and both incorporated herein for all purposes incident to this Agreement.
Set-vices Agreement between City of Fort Worth and ""NEMMM
Fort Worth Hispanic Chamber of Commerce OFFICIAL RECORD
Page I of 11 LF FN'I CC71 A—RET RD
L C 0
Y
CITY SECRETARY
F a I
l WORTNI TX
E I V E l
IJL L L I
2. Term.
Such Services are to be provided for a period beginning November 1, 2013, and ending
September 30, 2014 (the "'I"enn").
3. Fee.
In consideration of the Services to be performed hereunder by Contractor,, City promises and
agrees to pay Contractor $135,551.00 in eleven installments of $12,322.82 to be dispersed upon
submission and approval of monthly rep�orts,. There will be no payments remitted for this FY2013-14
contract term Until all monthly reports have been.Submitted and approved for the previous contract year.
Contractor, will submit electronic monthly reports only no later than the 20th of the month
following the month which is reported for Services performed by Contractor in performance of this
Agreement using the measurabiles set forth in Exhibit "A". Each measurable shall be Submitted in an
editable excel format and the attachments shall be in the readable pdf format. The report will include but
is not limited to the following-, co name of business, complete address, C,0,m to contact
information and the ide'titification, of busines,s, services of th,ose assisted in the measurable s; detailed
infon-nation associated with outreach activities, capacity enhancements and workshops. When a
measurable involves distinct items, a copy of at least one item must be attached to the report, when the
number reported is at least one. If information is not complete, payment will not be rendered until such
completed information is submitted in each measurable.
Each monthly report must be prepared and signed by a representative of the Contractor that has
received the Trahling for Ci Fort Worth Fund Recipients: ReportinpRequirements,("Fiscal Training"), or by
a Certified Public Accountant.
If the Contractor deviates From this reporting requirement, the Contractor will be considered in
rion-compliance with this Agreement. Any non-compliance by Contractor under Section 3 of this
Agreement may jeopardize the Contractor's ability to receive future funding from the City.
4. Tei-ml*riatlion.
Either party may 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 expiratio�n,
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, Oil the date of termination Contractor shall
reimburse to the City all funds it has received, but not otherwise committed., earned by Services
perfon-ned, or encumbered by contract,, Under this Agreement. If, on the date of termination, Services
have been performed by Contractor but Contractor has not been reimbursed for Such Services, City shall.
reimburse Contractor for the Services performed Up to the date of termination.
5. Traini*ng.
Services Agreement between City of Fort Worth and
Fort Worth Hispanic Chamber of Commerce
Page 2 of 11
The Chief Executive Officer, Executive Officer,,, or Chief Financial Of of Contractor shall
receive Fiscal Training no later than December 31, 2013, unless such individual successfully completed
such training during the thirty-six (36) months immediately preceding December 31, 2 13. Evidence of
receipt Of Such training, including attendance date(s), shall be submitted to the City's M"E Office.
Contractor shall be responsible for training its representatives at its own cost and expense.
6# Monitoriny'.
Contractor covenants and agrees to fully cooperate with City in monitoring the effectiveness of
the Services, and City shall have access at all reasonable hours to offices and records, of Contractor for
the purpose of such monitoring.
7. Ind evendent 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 cont,ro�l of the details of
the services performed hereunder, and all persons performing same, and shall be solely responsible for
the acts and omissions of its offitcers, agents, servants, employees, Subcontractors and program
participants. The doctrine of respondent superior shall not apply as between the C'ity and contractor, its
officers, agents, servants, employees, subcontractors, or, program participants, and nothing herein shall
be construed as creating a partnership or j enterprise between City and Contractor. It is expressly
understood and agreed that no officer, agent, employee, or subcontractor of Contractor is in the paid
service of the City of Fort Worth.
8. Indemnification.
CONTRA CT OR A GREESTO!AND SHALL RELEASE CITY, ITS A GENTS, EMPLO YEES,
OFFICERS AND LEGAL REPRESENTATIVES FROM'ALL LIABILITY FOR INJURY, DEATH,
DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR
INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT, EXCEPT TO THE EXTENT
CAUSED, BY THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF LESSOR, ITS
OFFICERS,A GENTS, SEA"VAN` S OR E,411PL 0 YEES.
CONTRACTOR COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY,
HOLD HARMLESS AND, DEFEND, AT IT'S OWN EXPENSE, THE CITY
I ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES,, FROM AND AGAINST ANY AND ALL CLAIMS OR
LA WSUITS FOR EITHER PROPER TY DAM A GE OR LOSS (INCL UDING ALLEGED DAMA GE
OR LOSS TO CONTRACTOR'S BUSINESS AND ANY RESULTING LOST PROFITS) ANDIOR
PERSONAL INJURY, INCL UDING DEATH, TO ANY AND ALL, PERSONS, OF ANYKIND OR
CHARACTER, WHETHER REAL OR ASSERTED,, ARISING OUT OF OR IN CONNECTION
WITH THE EXECUTION, PERFORMANCE, OR ATTEMPTED PERFORMANCE OF THIS
CONTRACT AND AGREEMENT, ANDIOR THE' SERVICES PERFORMED HEREUNDER,
EXCEPT TO THE EXTENT CAUSEDBY THE GROSS OR INTENTIONAL MISCONDUCT OF
THECITY, ITS OFFICERSAGENTS,, SERVANTS OR EMPLOYEES.
Services Agreement between City of Fort Worth and
For Worth Hispanic Chamber ofCommer-ce
Page 3 of I I
IN THE EVENT IT IS DETERMINED THAT CONTRACTOR HAS MISUSED,
MISAPPLIED OR MISAPPROPRIATED ALL OR ANY PART OF THE FUNDS PROVIDED
HEREUNDER, CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF FORT WORTH, ITS OFFICERS, AGENTS, SERVANTS, AN EMPLOYEES,
FRO AND AGINS TANYAND ALL CLAIMS OR'SUITS RESULTING FROM SUCH MISUSE,
M1SA PPL ICA TION OR M1SA PPR OPRIA TION.,
Contractor shall require all of'Its subcontractors to include in their subcontracts a release
and indemnity in favor of CI*ty in substanfially the same form, as,above.
This Section 8 shall survive the expi-rafion or termination of'this Agreement.
9. on Profit.
If Contractor, as a charitable or nonprofit organization, has or claims, an i mirnLinity 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.
10. Assignment
Contractor shall not assign or subcontract all or any part of its rights, privileges or duties under
this Agreement without the prior written consent of City, and any attempted assignment of subcontract
of same without Such prior written approval shall, be void and constitute a,breach of this agreement.
11. Coo-phance with Law.
Contractor, its officers, agents, employees and subcontractors, shall, abide by and comply with all
laws, federal, state and local, including all ordinances, rules and regulations of the City offort Worth. It
is agreed and understood that, if City calls to the attention of Contractor any such violation on the part of
Contractor or any of its officers, agents, employees or subcontractors, then Contractor shall immediately
desist from and correct Such violation.
12. Non-DI'scri'nation.
Contractor l, in the execution, performance or attempted performance of this Agreement, will not
discriminate against any person or persons because of disability, age, familial status, sex, race, religion,
color,: national origin, transgender, gender identity or gender expression, nor will Contractor permit its
officers, agents, employees,, or subcontractors to engage in such discrimination.
This, Agreement is made and entered into with reference specifically to Chapter 17, Article 111,
Division, 3, of the City Code of the City of Fort Worth ("Discrimination in Employment Practices-"), and
Contractor hereby covenants and agrees that Contractor, its agents, employees and subcontractors have
till with all provisions of same and that no employee, or employee,-applicant has been
Services Agreement between,City of Fort Woi-ffi and
Fort Worth Hispanic Chamber of Conimerce
Page!4 of I I
discriminated against by the tern-is of such ordinance by either Contractor, its agents, employees or
subcontractors.
13. Insurance.
a. Contractor shall furnish a certificate of insurance as proof that it has secured arid aid l for
p I
a policy of public liability insurance covering all public rlisks incident to or in connection with the
execution, performance, attempted performance or no!nperfon-nance of this contract and agreement.
Such amounts shall be as follows:
Bodily injury or death, per person $25000
Bodily injury or death, per occurrence $5001000
Property damage, per occurrence $1.0 ,
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, or noln-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. tat.) and minlrnUrn policy lirnits, for Emplloye�rs' Liability of $1.00,000 each
accident/occurrence, $50101,0001 bodily injury disease policy limit and $100,000, per disease per employee.
The policy shall be endorsed with a Waiver of Subrogation on behalf of the City of Fort Worth.
6
14. fliscal Fand m Out.
In the event no funds or insufficient funds are appropriated by the City in any fiscal period for
any payments hereunder, City will noltify Contractor of such occurrence and this, Agreement shall,
terminate on 'the last day of the fiscal period for which appropriations were received without penalty or
expense to City of any kind whatsoever., except as to the portioins, of the payments herein agreed upon
for which funds shall have been appropriated.
15. Audift.,
Contractor agrees that the City shall, until the expiration, of three (3) years after l final payment
under this Contract, have access to and the right to examine any directly pertinent books, documents,
papers and records of the Contractor involving transactions relating to this Contract. Contractor agrees
that the City shall have access during normal, working hours to all necessary Contractor facilities and
Services Agreement between City of Fort Worth.and
Fort Worth I lispanic Chamber of Commerce
Page 51 of I I
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 o.f its subcontractor agreements hereunder a provision
to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years, after
final payment under the subcontract, have access to and the right to examine any directly pertinent
books, documents, papers and records of such subcontractor involving transactions to the Subcontract,
and further that City shall have access during normal working hours to all subcontractor facilities and
shall be provided adequate and appropriate workspace, in order to conduct audits in compliance with the
provisions of this paragraph. City shall give subcontractor reasonable advance notice of intended audits.
16. Entire Agreement.
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.
17'. Venue.
Should any action, whether real or asserted, at law or in equity, arise out of the execution,
performance, 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.
18. Notices.
Notices to be provided hereunder shall be sufficient if forwarded to the other party by hand-delivery or
vii'U.S. Postal Service certified mail, postage prepaid to the address,of the other party shown below:
I
Mr. Robert Stums Ms. ASLIsena Resendiz
Manager Chief Executive Officer
Housing and Economic Development Fort Worth Hispanic Chamber
Department of Commerce
City of Fort Worth 1327 North Main Street
1150 South Freeway,, Suite 134 Fort Worth, Texas 76106,
Fort Worth,Texas 76104 (8 1 ) 625-5411
(817) 212-2663
tit
19. SeverabI fi
* V.11.1,
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
.
20. Forc,e Mal'eure.
Services Agreement between City of Fort Worth and
Fort Worth Hispanic Chamber of Commerce
Page 6 of I I
The City and Contractor shall exercise their hest efforts to meet their respective duties and
obligations as set forth in this Agreement, but shall not be held liable for any delay or ornission. in
perfon-nance due to force rnaje'ure or other causes beyond their reasonable control, includincy t:�l but not
limited to, compliance with any government law, ordinance or regulation, acts of God,, acts of omission'.
fires', strikes, lockouts, national disasters, wars, riots, material or labor restrictions by any governmental
authority, transportation problems and/or any other similar causes,.
21. Headings not Controlling,
Headings and titles used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Services Agreement between it of Fort Worth and
Fort Worth Hispanic Chamber of Commerce
Page 7 of I I
FORT WORT
HISPANIC CHAMBER OF COMMERCE
By: Asuse a Re!In . z Chief Executive officer
STATE OF TEXAS
COUNT Y OF TARRANT §
BEFORE ME, the undersigned Ithor ty, a Notary Ubl ic, in and for the State of Texas, on this
day personally appeared! ASLIsen . Recs,e d z, known to me to be the person whose name is SUbscribed to
the foregoing instrument and acknowledged to roc that the same was, the act of the Hispanic Chamber of
Commerce and that she executed the same as the acct of said Hispanic Chamber of omilicrcc for the
Urrp sc and consideration therein expressed and in the capacity there ill stated.
GIVEN ENDER MY HAND AND SEAL OF OFFICE -thi day of X"20 13.
k
r
o ary Vu, I
"-MY ESPINO State of Texas
wtary IC
S,taw of Tem
C 5
Services Agreement between City,of Fort Worth n
Fort"worth Hispanic,Chamber of Commerce
Fags 8 of I
o
CITY OF SORT WORM"H: ATTEST-
s.
r
p
s
F
p
m
Fernando
I
Assistant City Manager C I ty Secretary
APPROVED AS TO FORM AND LEGALITY:
Y
Assistant City Attorney
Date
M&
STATE OF TEXAS
COUNTY OF TAR NT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Teas, onthis
day personally appeared Fernando Costa, known to rye to he the person whose name is subscribed to the
foregoing instru ent and acknowledged to rye that the same was the act of the City of Fort Worth for
the purpose and consideration sideration therein expressed and in the capacity therein stated.
GIVEN"" DER Y HAND AND SEAL. OF OFFICE this day of
2013.
Notary Public in and for the
State of Texas
w�p �d�IWwimmwurvU mrnawiww�'yw rmwmx;:a w'm 019luwnw pMrowrwv. MNWI.w WNNG.gryypyyWWXW.I'VN{NMQI1�
'e4 11 E VO Nh"W'I A DANIELS
O
July r
Services Agreement between City of Ford Worth and,
Fort Worth Hispanic Chamber of Commerce
Page 9 of t. OFFICIAL RECORD
OF ID
CITY SECRETARY
FT.WORTH,TX
EXHIBIT A
WHEREAS, the City of Fort Worth desires to contract with the Fort Worth His panic i Chamber o.f
Commerce on a consulting basis to provide such services during FY 13-14 as listed below to small minority,
and women owned businesses and to Fort Worth residents who are owners of these small businesses:
1. EDUCATIO,N/TRAINING
a. Establish a Curriculum for a Bilingual Seminar to business,
related subjects for start-up and existing small businesses
(Numb f classes held) Annual,No. 36
b. Provide one-on-one counseling,to sma,11 businesses to
0
include development of business and marketing plans Annual No. 120
2. PROCUREMENT ASSISTANCE
a. Conduct doing business with public and private entity,
workshops for small, businesses, particularly City of
F 4
ort Worth procurement opportunities to inclUde Annual No., 4
fostering capacity enhancement for small businesses via
4
mentorshipis,joint ventures and partnerships
b. Outreach activities to encourage business activity Annual No. 201
3. CERTIFICATION ASSISTANCE,
a. List firms provided assistance to complete certification
process Annual No. 10
b. List firms receiving certification through direct assistance
from the Chamber Annual 'l 5
c. List fi rms receiving certification that can provide a service
or product to the City of Fort Worth Annual No. 3
Services Agreement between City of Fort Worth and
Fort Worth Hispanic Chamber of Commerce
Page 10 of 1.1
.EX,Hl,tBtT B.
To: CITY OF FORT WORTH
Housing and Econlomic Development Department
From-, Fort Worth Hispanic Chamber of Commerce
027 N.Main Street
Fort Worth,TX 76106
Subject: FY 2013 -2014 Budget bequest
CON ry,RACT PERIOD:
............
From: November 1,2013 To: Septembei-30,201,
Funding Level $135,55 1.010,
Personal Services
...................................
Salaries
FICA
Life Insurance
Health Insurance
Sup)lies
Office Supplies
Postage
Contractual Services
Telephone
Electric
Gas(Utility)
Water/Waste Disposal
Rent(Bail ding) ......
Custodial Services
Wfice Equipment Rental
Printing
Repc
pairs
LFidelit Bond.
uablitity Insurance
Legal&Accountin&
Private Auto Atlo van ce-Local
Advertising
Conferences&Seminars,
Contractual Services
Professional Services
Total $1135,551.010
Services Agreement between City of Fort Worth and
Fort Worth Hispanic Chamber ofCommerce
Page 11 of I I
MC Review Page I of I
FO RT Wfl R T I I
CITY COUNCIL AbtNL0*jh'A
COUNCIL ACTION: Approved on 10/29/20113,
DATE.- 10129/2013 REFERENCE **0-26531 LOG NAME,: 17HISPANICCHA'MBE RFY13
NO.:
CODE: C 'TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Contract with the Fort Worth Hispanic Chamber of Commerce to
Assist Minority and Women Business Enterprises and Small, Businesses in an Amount Not
to Exceed $135,551.00 (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a contract with the Fort Worth
Hispanic Chamber of Commerce in an amount not to exceed $135,551.00 to assist minority and
women business enterprises and small businesses for the period of October 30, 2 1 through
September 0, 2014.
DISCUSSION:
During the Fiscal Year 2013-2014 budget process, the City Council approved financial support for the
Fort Worth Hispanic Chamber of Commerce (Chamber), to continue providing business development
assistance, certification assistance and outreach pro !,rams to minority and women business
enterprises and small businesses located iin Fort Worth,
The City will pay the Chamber an amount not to exceed $135551. C to perform contract
measu,rables.
The contract includes a detailed descriiption of services to be provided and requires month,ly
reporting.
The Chamber has counseled individuals and businesses for more than 30 years. The Chamber
assists clients with topics such as tax pllan�ning, employee-related issues, marketing, a multi week
business development class series,: monthly hosting of how-to-do business with invited lC caull public
agencies and private companies, direct one-on-one certification assistance and a number of other
small business development activities designed to help small business,growth,
I
FISCAL INF'ORMATION/C"E,Rl"IIFIC,ATION,o
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the General Fund.
TO Fundl/Accolunt/Centers FROM Fundy Accounit/Cen�tem
GG101 539120 0174000 $135,551-00
.Submitted for City Mana er's Off Fernando,Costa (6122)
Originafi,ng Department Head: Jay Chapa (5804)
Additional Information Contact: Robert S,turns (21'2-2663)
ATTACHMENTS
Ott p-./'/apps.cfwn,let.,org,/'colunc*l iewasp
1 _packet/mc_rev* ?ID=19 149&counci I date=101/29/20113, 11/21/2013