HomeMy WebLinkAboutContract 45233 CITY SECRETARY
CONTRACT NO. I'),
SERVICES AGREEMENT BETWEEN rl'HE CITY OF FORT WORIF11, TEXAS AND
FORS WORTH METROPOLITAN BLACK CHAMBER OF COMMERCE
"his Agreement "Agreement" is made and entered into by and between the City of
Fort Worth ("City"), a home-rule municipal pal corp gyration organized under the laws of the State
of Texas, acting by and through Fernando Costa, its duly authorized Assistant City Manager,
and the Fort Werth Metropolitan Black Chamber of Commerce ("Contractor"), a Texas non-
profit corporation, acting by and through Devoyd .kennings, its duly authorized president and
Chid Exec tine facer.
RECITALS
WHEREAS, the Fort Worth Metropolitan Black Chamber of Commerce provides
professional services to small minority and women awned businesses; and
WHEREAS, -the City" o Fort Worth desires to contract with Fort Worth Metropolitan
Black Chamber of Commerce r onsul ing basis to provide professional services, as
outlined in Exhibit "A"',, to small minority and women owned businesses nesses and to 'Fort Worth
residents who are owners of these small businesses- and
WHEREAS, the Fort Worth Metropolitan flack Chamber of Cornm rce has off.rcd
to provide such professional services on a consulting basis with the City to citizens of'the City
off'Fort Worth-,
SOW, THEREFORE., f r and in consideration of the mutual covenants, prorniscs
and agreements contained herein, the parties hereby covenant and agree as follows:.
AGREEMENT
1. Sery tees*
Contractor covenants and agrees to ffilly perform, or cause to he perforn-red, with good.
faith and due diligence, all measurahlcs ("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 measurrables, attached hereto as Exhibit "A" and with the
budget, attached hereto as Exhibit "B" and incorporated herein for all pure(..)ses incident to this
Agreement.
Services Agreement between City of Fort Worth and
Metropolitan Black Chamber of Commerce OrFICIAL RECORD Page I of 11 Cilry SECRETARY
WORTH' I V E 0 DEC 2 4 2013
2. Term.
Such Services are to be provided for a period beginning November 1, 2013, and
ending, September 30�, 2014 (the "Term").
3. Fee.
In consideration of the Services to be performed hereunder by Contractor, City
promises and agrees to pay Contractor $117,457 in eleven instal linents of $10,677.91 to be
dispersed upon submission and approval of' monthly reports. 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 report only no later than the 20"' of the
mo nth which is reported for services performed by Contractor 'in performance of this
Agreement using the form 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: complete riame of business, gqMplete address,
co rrr lete contact information and the identification of business services, of those assisted in
the rneasurable detailed 'Information associated with outreach activities capacity
enhancements and workshops. When a measurable involves distinct items, a copy ref`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 oil'the Contractor
that has received the `rrain* RKporfi
lRe for C�* -of Fort Worth Fund Reel"pients,
Re aining , I I
.quirements ("Fiscal Tr or by a Certified Public Accountant., If the Contractor
deviates from this reporting requirement, the Contractor will be considered in non-com pliance
with this Agreement. Any non-cornpliance by Contractor under Section 3 of this Agreement
may.jeopardize the Contractor's ability to receive future funding from the City.
4* t eirmination.
Either party may cancel this Agreement upon thirty (3,0) 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, Conti-actor's obligations to the City under this Agreement
shall continue until the date such termination actually takes eft"ect. In the event of such
termination, on the date of termination Contractor shall reimburse to the City all funds it has
received, but not otherwise committed, eamed by Services performed, or encumbered by
contract, under this Agreement..
5. Train in
Executive Officer f Financial Officer of
The Chief Executive Officer, I or Chief,
Contractor shall receive Fiscal Training on an annual basis. Evidence of receipt of such
training shall be submitted to the City no later than December 30, 20�13, Contractor shall be
responsi training'ble for ining its representatives at its own cost an e,d expensI
Services Agreement between City of Fort Worth and
Metropolitan Black Chamber of Commerce
Page 2 of Ili
6• moni'to "
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. ln�ependent Contractor.
Contractor shall operate herCUnder 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 eXCILISiv'e 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 officer, agent, employee, or subcontractor of
Contractor is in the paid service off`the City of Fort Worth,
8. Indemnifficaflon,
CONTRACTOR AGREES TO AND SHALL RELEASE CITY, 11S AGENTSI
EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROMALL LIABILITY
FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY
SUSTAINED IN CONNECTION W1171 OR INCIDENTAL TO PERFORMANCE
UNDER THIS AGREEMENT, EXCEPT TO THEEXTL7`NT CA USED BY THE GROSS
NEGLIGENCE OR INTENTIONAL MISCONDUCT OF LESSOR, ITS OFFICERS,
A GE TS SE R VA N TS OR L,4"MPL 0 YEL'""S.
CONTRACTOR COVENANTS AND AGREES TO, AND DOES HEREBY,
INDEMNIFY, HOLD HARMLESS. A" DEFEND A T ITS OWN EXPENSE, THE CITY,
ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST
ANY AND ALL CLAIMS OR LAWSUITS FOR' EITHER PROPERTY DAMAGE OR
LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONTRACTOR 9S B UST NL-4-SS
AND ANY RESULTING LOST PROFITS) AND PERSONAL INJURY, INCLUDING
DEA Ill, TO A NY A ND A LL PERSONS, OF A N Y KIND OR C RA C TER, WHE THER
REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE
EXECUT10N, PERFORMANCE, OR AT7EMPTL4_`D PERFORMANCE OF THIS
CONTRACT AND AGREEMENT ANDIOR THE SERVICES PERFORMED
HEREUNDER, EXCEPT TO THE EXTENT CA USED BY THE GROSS NEGLIGENCE
OR INTENTIONAL MISCONDUCT OF THE CITY, ITS OFFICERS AGENIS,
SER VA N TS OR EMPL 0 ZEES.
IN THE EVE T' I T IS DE TER MINED T11A T CON TRA C OR HAS MISUSE D,
Services Agreement between City of Fort Worth and
Metropolitan Black Chamber ot'Commerce
Page 3 of 11
MIS A PPLIED OR MISA PPR OPRIA TED A L L OR A N Y PA R:T OF THE FUNDS
PROVIDED HEREUNDER, CONTRACTOR AGREES TO INDEMNIFY, HOLD
HARMLESS AND DEFEND THE CITY OF FORT WORTH, ITS OFFICERS, AGENTS,
SERVANTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR
SUITS RESULTING FROM SUCH MISUSE
MISAPPLICATION OR
MISA PPR OPRIA TION.
Contractor shall require all of its subcontractors to "include in their subcontracts
41
a release and indemnity in favor of City in substantially the same form as above.
This Section 8 shall survive the expira 0
tion or termination of this,�greement.
9, Non-Profit.
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
ncluding
death,, to persons or property,, Contractor hereby expressly waives its rights to plead
defensively such immunity or exemption as against nst the City.
10, Assipnment.
Contractor shall not assign or subcontract all or any part of its rights, privileges or
duties Linder 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.
11. Compliance with Law.
Contractor, its oft"icers, agents, employees and subcontractors, shall abide by and
comply with all laws, federal, state and local, it 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' Contractor or any of its officers,, agents,
employees or subcontractors,, then Contractor shall immediately desist from and correct such
vioiation.
12. Non-Discrim.ination.
Contractor, in the execution, performance or attempted performance of this
Agreement, will not discriminate against any person or persons because of disability, age,
farnilial status, sex, race, religion, Color, national origin, trans ender, gender identity or
gender expression nor will Contractor permit its officers, agents, e ogees, 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 ("Discriminatio�n in
Employment practices"),, and Contractor hereby covenants, and agrees that Contractor, its
Services Agreement between City oFort Worth and
Metropolitan Black Chamber of Commerce
P-eqi,'4 0 11
agents, employees and subcontractors have fully complied with all provisions of same and
that no em loyee, or employee applicant has been discriminated against by the terms of such
p I
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
and paid for a policy of public, liability insurance covering all 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 $2501000
Bodily I'RJUry or death, per occurrence $5001000
Property damage, per occurrence $1 00MOO
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) day's following
notice to Contractors of such requirements. The City off ort 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 non 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. 8_308 - 1.01 et seq. 'Tex, Rev. Civ. Stat.,) and minimum policy limits for Employers'
Liability of' $100,000 for each accident/occUrrence, $500, 0 bodily injury disease policy
limit and $100, per disease per employee. The policy shall be endorsed with a 'Waiver of
Subrogation on behalf of the City offort Worth,
14. Fl"scal Fun dinia, 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 of the fiscal period for which appropriations were
received without penalty or expense to City of any kind whatsoever, except as to the portions
of the payments herein agreed upon for which funds shall have been appropriated.
15, Audit.
Contractor agrees that the City shall, until the expiration of three (3) years, after filial
payment under this Contract, have access to and the right to examine any directly pertinent
books, docurnents, 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 faci,mies, and shall be provided adequate and appropriate workspace in
Services Agreement between City of Fort Worth and
Metropolitan'Black C ►amber of Coup merce
ages of 11
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 effect that the subcontractor agrees that the City shall, until the exp,iration 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 al,l 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 i give subcontractor reasonable advance notice of intended audits,
16.
Fa re 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 frorn 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., or attempted performance of this Agreement, venue f or said action
shall lie n Tarrant County, Texas or the United States District Court for the Northern Di
i strict
of Texas,, Fort Worth Division, This Lease shall be construed in accordance with the laws, of'
the State of Texas.
18. Notices.,
Notices to be provided hereunder shall be sufficient if forwarded to the other party by
to the address of the
I*fl, I
hand-delivery or via U.S. Postal Service certmea mail, postage prepa id.,
other, party shown below:
here turns
evoyd Jennings,, President
Ro S
Housing& Economic Development and Chief Executive Officer
Department Fort worth Metropolitan Black
City of Fort Worth Char f
ber oCommerce
1150 South Freeway, Suite 106 1 15 South Freeway, Site 211
Fort Worth., Texas 76104 Fort Worth rexas 76104
(817) 212-2680 (817) 871-6538
191 Severabi� ,
. V of this Agreement is held to be invalid, illegal or unenforceable, the
If any provision 1 0 0 0 V
validity, legality and enforceability of the remaining provisions shall not in any way be
affected OT impaired,
Services Agreement between City of Fort Worth and
Chamber 0�Commerce
page 6 at
20. 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 force majeure or other causes, beyond their reasonable
controll including, but not limited to, compliance with any 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,, transportati I on problems and/or any other
similar causes.
0
21, Headings not Conn rollipg.
Headings and titles used in this Agreement are for reference purposes only and shall
not be deemed a part of this Agreement.
IN WITNESS WI,IEREOF, the parties hereto have executed this agreement in
multiples in Fort Worth, Tarrant County, Texas, to be effective November 1, 2013,
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Services Agreement between City of Fort Worth and
Metropolitan Black Chamber of Commerce
Page 7' of 11
FORT WORTH METROPOLITAN
BLA "K CHAMBER OF COMMERCE
y: evo fei s, President#�d
o
Chief xe'cutr,v officer
STATE OF TEXAS §
COUNTY OF TARR ANT
BEFORE ME,, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Devoyd ,kennings, known to me to he the person
whose name is subscribed to the foregoing instrument and acknowledged to e that the same
was the act of the Fort Worth Metropolitan Black Chamber of Commerce and that he
executed the same, as the act of said Fort Werth Metropolitan Bias Chamber of Commerce
for the purpose and consideration therein expressed and in the opacity therein stated.
VEN UNDER MY I 1AND AND SEAL F OFFICE this day of
2013.
Lorene Cole
cwnission brr�c in a for the
71WL � � �06
�t Texas
Services Agreement between City of Fort Worth and
Metropolitan Black Chamber of Commerce
gage 8 of 1 .
CITY F' FORT WORTH: ATTEST:
000
Fernando Costa Mary Kays r
Assistant City Mana er .fit y Secret
rr O!R
APPROVED, AS TO FORM AND LEGALITY:
OWN
gC1
Assistant City Attorney
Date:
Mi&C a --
--Arez -
STATE OF TEXAS
COUNTY OF TAINT
BEFORE ME) the undersigned authority, a Notary Public in and for the State of'
Texas, on this day personally appeared Fernando Costa,, known to me to be the person whose
name is subscribed to the foreg,oling instrument and acknowledged to me that t'� e ssame 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 day of
2013.
n
n M d
i
LINGER
2 2014 a
µ
0
No' airy Public n and for the
State of Texas
OFFICIAL RECORD
Services Agreement between City of Fort Worth and
Fnrou 'ORD
P]
Metropolitan Black Chamber of Commerce SECRETARY
P,aglie 9 of 111 FTs W RT I TX
EXHIBIT A
WHEREAS, the City of:fort Worth desires to contract with the Fort Wort
Metropolitan Black Chamber of Commerce can a consulting basis to provide such services
during FY 13-14 as listed below to small ininority and wornen owned businesses and to Fort
Worth residents who are owners of these small businesses;
I. EDUCATION/TR.AINING
a. Assist small businesses with completing Business Mans Annual No. _ 50
.........h. Assist small huslncsscs with completing, Marketing l 'lans Annual No. 3
C. Outreach activities to encourage business activity Annual .l a�. 20
d. 'Number of outreach activity attendees Annual No.
c. Assist small businesses with Business Counseling Annual No. 120
2. PROCUREMENT ASSISTANCE
a. Conduct how-to-do-business workshops s for small businesses; particularly qty of
Fort Worth procurernent ortun I ties�� Annual No. 4
b. Foster capacity enhancement for small businesses aria ment orshi s,joint ventures
and partnering Annual No. 1 l
c. u~utreac h activities activity'to encourage business tvut Annual
3. CERTIFICATION ASSISTANCE
a. Provide assistance and/or referral to a certification entity Annual No. 3
4. CONSTRUCTION SSISTANC
a. Outreach activities to encourage business activity on the use of Buzz Saw and
S 1 1 City of Fort Worth . arra.nt County projects Annual No.
K Assist small businesses with a take-ofd"class; plan reading and estimating class
Annual No. 4
c Assist small businesses with Back Office Services annual o. �
d, Assist small businesses with Bonding Assistance Annual No. 2
c Assist small businesses with Tarrant County bid opportunities via e-mail
Annual No. 1000__
Not to, i cl de Agenda for BuIlding Capacity ABC Events
Services Agreement between City of Fort Worth and
Metropolitan Black Chamber of Commerce
Page 10 of
EXHIBIT B
0.
CITY OF FORT WORTH
Housing and Economic Development Department
From: Metropolitan Black Chamber of Commerce
1.150 S. Freeway, Suite 211
Fort Worth, TX 761 O4
Subject: FY 131-14 Annual Budget
0
CONTRACT PERIOD,
r-'Yrom: October 1, 20,113 To: Se tember 30, 2014
Program Budget
Business Assistance
Cost to eglon Program (BAP)
Personnel Services
Salaries
is
Employment Tax-State
Employment "I'ax-Federal
Worker's Comp
Supplies
Office Supplies
Postage
Contractual, Services
Telephone
Office Lease
Office Equipment Rental
Printing
Repair
Legal and Accounting
Private Auto Allowance
Advertising,
Conference & Seminars
Office Furniture
Computer Equipment
11
Other,-, Operations anu
Maintenance
TOTAL $ $117�457
Services Agreement between City of Fort Worth and
Metropolitan Black Chamber of Commerce
Pagie 11 of 111
M&C Review Page 1 of
FORT NVO R T I
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1u
Ciorirwl
Cu"NUONCIL � N
COUNCIL ACTION: Approved on 0129/2013
DATE: 1 0/29/201 ., CE I" o.,. **C-26530 LOG NAME: 17BLACKCHA MBERFY1
CODE: C TYPE: CONSENT 'PUBLIC No
HEADING
SUBJECT: Authorize Execution of a Contract with the Fort Worth Metropolitan Black Chamber of
Commerce to Assist Minority and Women Business Enterprises and Small Businesses for
a Cost Not to Exceed 11 x 1457.00 (ALL COUNCIL DISTRICTS)
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 $1117,1457.00 to assist minority
end women business enterprises and smnaill businesses for the period of October 30, 2013 through
September 30, 2014.
DISCUSSION:
During the Fiscal Year 2011 3--20,14 budget process, the City Council approved financial support for the
Fort'worth Metropolitan Black Chamber of Commerce (Chamber) to continue pirolvidlinig business,
development assistance, construction assistance and outreach programs to minority and women
business enterprises and small businesses located) in Fort Worth.
The City will pray the Chamber an amount not to exceed $117,457.00 to perform contract
easurables.
The contract includes a detailed description of services to be provided and requires monthly
reporting.
For several years, the Chamber has provided counseling to individuals within the Fort Worth area on
the topic of small business development. The Chamber provides program services such as business
development initiatives, outreach; construction assistance that includes bid estimating and related
access to construction estimating software and one-on-one counseling and mentoring. In conjunction
r ith these prograrrus, the Chamber coordinates monthly business rouundtables and other activities
designed to help small business development and growth.
FISCAL INFOR ATI NXERTII IC TI+N.-
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the, General Fund.
To Fund/Account/Centers FROM Fund/Account/Centers
GG:01 539120 01740,00 $117 57-
Submitted for C,ity Mana r"s Office b : Fernando Costa 6122
Originating Da artm:ant Head. Jay Chapa (5804)
Additional Information C nt uot. Robert Sturns 212-2663)
http: apps.cfw..net,or /co�u u —Packet s r ew.as ' =1914 8&counci d o= x29/2013 12/16/20113 1201
M&C Review Page 2 of 2
ATTACHMENTS
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