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HomeMy WebLinkAbout062439-A1 - General - Contract - Fort Worth Hispanic Chamber of CommerceCSC No. 62439-A1 AMENDMENT NO.1 TO CITY OF FORT WORTH CONTRACT 62439 This Amendment is entered into by and between the City of Fort Worth (hereafter "City"), and the Fort Worth Hispanic Chamber of Commerce ("Contractor"). City and Contractor may be referred to individually as a Parry and collectively as the Parties. WHEREAS, on October 1, 2024, the Parties entered into City Secretary Contract 62439 to provide business development assistance, construction assistance, and outreach programs to minority and women business enterprises located in the City's five -county marketplace ("Agreement"); WHEREAS, because of City Council's August 5, 2025 suspension of the City's Minority and Women Business Enterprises ordinance and the enactment of a Small Business Program ordinance, the nature of the services provided for under the agreement with Contractor will change and focus on assisting small businesses; WHEREAS, nothing herein shall be construed as preventing Contractor from providing bilingual services to businesses and/or providing any services stated in its mission to empower entrepreneurs through bilingual programs like Lanzar Fort Worth, the Business Pitch Competition, and personalized consultations; and WHEREAS, the Parties wish to amend the Agreement to (1) extend the term of the agreement, (2) revise the scope of services to encompass providing assistance to small businesses, and (3) increase the authorized spending authority to an amount up to $270,000.00 for the September 1, 2025 through September 30, 2026 term, as authorized by Mayor and Council Communication No. 25-0778 (August 26, 2025). NOW, THEREFORE, the Parties, acting herein by and through their duly authorized representatives, enter into the following agreement: 1. AMENDMENTS 1. The Recitals of the Agreement shall be deleted in their entirety and amended to read as follows: WHEREAS, the Fort Worth Hispanic Chamber of Commerce provides capacity building professional services to small 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 to achieve clear outcomes, as outlined in Attachment "A," to small 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, for and in consideration of the mutual covenants, promises and agreements contained herein, the parties hereby covenant and agree as follows: OFFIC AL RECORD CITY SECRETARY FT. WORTH, T% 2. Section 1. Services of the Agreement shall be amended to read as follows: October 1, 2024 to August 31, 2025: Contractor agrees to fully perform, or cause to be performed, with good faith and due diligence, all measurables described in Attachment "A" and incorporated herein for all purposes incident to this Agreement. The Services shall be performed in accordance with these measurables, attached hereto as Attachment "A" and with the budget, described in Section 3 below. September 1, 2025 to September 30, 2026: Contractor agrees to fully perform, or cause to be performed, with reasonable due diligence and good faith, all measurables described in Attachment "A-1" and incorporated herein for all purposes incident to this Agreement. The Services shall be performed in accordance with these measurables, attached hereto as Attachment "A-l" and in accordance with the budget, described in Section 3 below. Nothing herein shall be construed as directing, allowing, authorizing, or encouraging contractor to engage in any activity or practice, on behalf of the City, that constitutes an unconstitutional or illegal diversity equity and inclusion (DEI) or diversity, equity, inclusion and accessibility (DEIA) preference, mandate, policy, program or activity or otherwise violate federal anti -discrimination laws or federal civil rights laws. 3. Section 2. Term of the Agreement shall be amended to read as follows: Services described in Attachment "A" are to be provided for a period beginning October 1, 2024 and ending August 31, 2025 (the "2024 Term"). Services described in Attachment "A-l" are to be provided for a period beginning September 1, 2025 and ending September 30, 2026 (the "2025 Term"). 4. Section 3. Fee of the Agreement shall be amended by incorporating the following language: October 1, 2024 to August 31, 2025: Due to the restructuring of the Agreement, the 2024 Term is one month shorter than anticipated. Both Parties agree that the final quarterly payment due under the 2024 Term is for an amount of $29,750.66 rather than the stated $44,626.00. September 1, 2025 to September 30, 2026: In consideration of the Services to be performed hereunder by Contractor, City agrees to pay Contractor up to $270,000.00 in monthly installments of approximately $20,769.23 to be paid upon submission and approval of monthly reports. Contractor will submit an electronic monthly report for the previous month no later than the 1 Oth of the following month. The reports will include key performance indicator metric progress as set forth in Attachment "A-1." If the information is not complete, the City will notify Contractor within 10 calendar days, specifying any deficiencies. Otherwise, the electronic monthly report will be deemed complete. Payment will not be rendered until such completed information is submitted in each measurable. City agrees to pay Contractor within 30 days of Contractor's submission of the complete electronic monthly report. 5. Section 4. Termination shall be amended to read as follows: Either party may, with or without 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 termination Contractor 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 to the effective date of termination. 6. Section 7. Indemnification shall be amended to read as follows: CONTRACTOR AGREES TO,, INDEMNIFY, HOLD HARMLESS AND DEFEND AT ITS OWN EXPENSE, THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROMAND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR EITHER PROPERTY DAMAGE OR LOSS (INCL UDING ALLEGED DAMAGE OR LOSS TO CONTRACTOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCL UDING DEATH, TO ANY AND ALL PERSONS, OFANY KIND OR CHARACTER, ARISING OUT OF OR IN CONNECTION WITH THE CONTRACTOR'S PERFORMANCE OF THIS CONTRACT, AND/OR THE SERVICES PERFORMED HEREUNDER, EXCEPT TO THE EXTENT CAUSED BY OR ARISING OUT OFANYACT OF THE CITY, INCLUDING BUT NOT LIMITED TO THE CITY'S NEGLIGENCE, GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE CITY, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. IN THE EVENT IT IS DETERMINED B Y A COURT OF LAW 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, AND EMPLOYEES, FROMAND AGAINST 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 above. NOTWITHSTANDING THE FOREGOING, CONTRACTOR DOES NOT AND WILL NOT INDEMNIFY, HOLD HARMLESS, OR DEFEND CITY FOR ANY CLAIMS OR LAWSUITS ALLEGING THAT THE EXECUTION, PERFORMANCE, OR ATTEMPTED PERFORMANCE OF THIS CONTRACT AND AGREEMENT, AND/OR THE SERVICES PERFORMED HEREUNDER, CONSTITUTE ILLEGAL DIVERSITY, EQUITY, AND INCLUSION (DEI) OR DIVERSITY, EQUITY, INCLUSION AND ACCESSIBILITY (DEIA) PREFERENCES, MANDATES, POLICIES, PROGRAMS OR ACTIVITIES, OR OTHERWISE VIOLATE FEDERAL ANTI -DISCRIMINATION LAWS OR FEDERAL CIVIL RIGHTS LAWS. CONTRACTOR SHALL HAVE NO LIABILITY TO CITY FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATING TO ANY SUCH CLAIMS OR LAWSUITS OR ALLEGATIONS. 7. Section 9. Assignment shall be amended to read as follows: 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, which shall not be unreasonably withheld, and any attempted assignment of subcontract or same without such prior written approval shall be void and constitute a breach of this agreement. 8. Section 10. Compliance with Law shall be amended to read as follows: Contractor, its officers, agents, employees and subcontractors, shall materially 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 material violation on the part of Contractor or any of its officers, agents, employees or subcontractors, then Contractor shall immediately desist from and correct such material violation. 9. Section 11. Non -Discrimination shall be amended to read as follows: The Parties, agree that, in the execution, performance or attempted performance of this Agreement, they 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 the Parties 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 III, Division 3, of the City Code of the City of Fort Worth ("Discrimination in Employment Practices"), and the Parties hereby covenant and agree that they, their 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 the Parties, t h e i r agents, employees or subcontractors. 10. Section 14. Audit shall be amended to read as follows: Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have reasonable 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 regular 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 related to the performance of this Contract 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 reasonable 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 regular 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. 11. Attachment "A-1", Fort Worth Chambers Small Business Program KPI Dashboard, attached hereto is hereby incorporated into the Agreement. 2. ALL OTHER TERMS SHALL REMAIN THE SAME All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. 3. ELECTRONIC SIGNATURE This Amendment may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. A facsimile copy or computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the same effect as an original. ACCEPTED AND AGREED: to Name: Jesica McEachern Title: Assistant City Manager Date: 11/12/2025 APPROVAL RECOMMENDED: By: Jessca Rogers (Nov 12, 202513:13:57 CST 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. LE I Name: Ori Fernandez Title: Assistant Director APPROVED AS TO FORM AND LEGALITY: Name: Jessica Rogers Title: Economic Development Director By: ATTEST: Jannette Digitally signed by Jannette Goodall By Gcyodalf — a os'oo' g4444nagIl Name: Jannette Goodall pFo 9�°0 Title: City Secretary d d� �'EXA5o4a �nL144444 Fort Worth Hispanic Chamber of Commerce Digitally signed by Ericka C ��,., � Garza By: C_��n Garza By: 2-W 44,4;�_45:96�39 -os'oo' Name: Ericka Garza Title: President & CEO Name: Jessika J. Williams Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 25-0778 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ATTACHMENT A-1 Fort Worth Chambers Small Business Program KPI Dashboard Contractor will submit an electronic monthly report on the following metrics for the previous month no later than the loth of the following month. Fort Worth Hispanic Chamber of Commerce (FWHCC) Partnership Goals with the City of Fort Worth's (City) Small Business Enterprise Program for Specified NAICS Codes GOAL 1: Deliver supply chain network education and experience support. GOAL 2: Match local small businesses to city contract and procurement opportunities: (a) by contract or procurement cost (<$100K, $100K-$999K, >$1M) (b) connect small businesses to HUB and COOP opportunities under $100K Objective 1: Increase awareness of supply chain resources and support. Metric Baseline Target Actual Data Source Small businesses receiving supply Assist 30 Business Monthly chain education. Owners reports from FWHCC to City Increased understanding Assist 30 Business Monthly of supply chain Owners reports from workflows, FWHCC to City logistics, and inventory. Objective 2: Match local small businesses with City of Fort Worth contracting opportunities based on agreed upon NAICS codes Metric Baseline Target Actual Data Source Small businesses 5 Businesses Monthly reports matched and matched from FWHCC to awarded by City NAICS and contract cost Small businesses 10 Businesses Monthly reports registered for registered from FWHCC to opportunities City under $100K by NAICS City of Fort Worth, Texas Mayor and Council Communication DATE: 08/26/25 M&C FILE NUMBER: M&C 25-0778 LOG NAME: 17FY2026 FWHCC CONTRACT AGREEMENT SUBJECT (ALL) Authorize Amendment to Contract with the Fort Worth Hispanic Chamber of Commerce to Extend the Term of the Agreement, Revise the Scope of Services to Provide Assistance to Small Businesses, and Increase the Authorized Spending Authority to an Amount Up to $270,000.00 for the September 1, 2025 through September 30, 2026 Term RECOMMENDATION: It is recommended that the City Council authorize the execution of an amendment to the contract with the Fort Worth Hispanic Chamber of Commerce (City Secretary Contract No. 62439) to extend the term of the agreement, revise the scope of services to encompass providing assistance to small businesses, and increase the authorized spending authority to an amount up to $270,000.00 for the September 1, 2025 through September 30, 2026 term. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize amendments to the agreement with the Fort Worth Hispanic Chamber of Commerce (FWHCC) in light of recent changes at the City. During the Fiscal Year 2024-2025 budget process, the City Council approved $178,504.00 in financial support for the FWHCC to provide business development assistance, construction assistance, and outreach programs to minority and women business enterprises located in the City's six -county marketplace (Denton, Parker, Wise, Tarrant, Dallas, and Johnson counties) (M&C 24-1052). Because of City Council's August 5, 2025 suspension of the City's Minority and Women Business Enterprises ordinance and the enactment of a Small Business Program ordinance, the nature of the services provided for under the agreement with FWHCC will change and focus on assisting small businesses. With the change in services anticipated to involve serving a larger number of businesses, the amendment will also increase the authorized annual spending authority up to $270,000.00. The revised scope will be effective September 1, 2025 — on the same date as the City's small business ordinance — and will expire September 30, 2026. The amended scope of services is anticipated to include the following deliverables: 1. Supply Chain Networking • Deliver supply chain network training, mentorship, educational workshops, and hands-on experience in managing small business procurement, logistics, and inventory oversight with partner supply chain and logistics technical assistance providers. 2. Opportunity Match for Contracts and Multi -year Contracts • Deliver a list of available small businesses that match upcoming procurement and contract opportunities for posting to all City departments. • Partner with City of Fort Worth to match qualified small businesses with City contracting opportunities based on North American Industry Classification System (NAICS) code(s). • Help businesses get on cooperative vendor lists, such as State of Texas SmartBuy Membership Program (best value). The FWHCC will work with the Fort Worth Chamber of Commerce and the Fort Worth Metropolitan Black Chamber of Commerce to assist small businesses with various needs to help them become successful and viable businesses within the five -county marketplace (Denton, Parker, Wise, Tarrant, and Johnson). Each Chamber will be responsible for producing an annual report on each deliverable they are responsible for under the terms of their respective agreement. Funding is budgeted in the proposed Fiscal Year 2026 budget in the General Operating & Maintenance category in the General Fund FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation funds are available in the current operating budget, as previously appropriated, and upon adoption of the Fiscal Year 2026 Budget by the City Council, funds will be available in the Fiscal Year 2026 Operating Budget, as appropriated, in the General Fund. Prior to an expenditure being incurred, the Economic Development Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office bk Jesica McEachern 5804 Originating Business Unit Head:. Kevin Gunn 2663 Additional Information Contact: Ori Fernandez 2606 Expedited FORTWORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Fort Worth Hispanic Chamber of Commerce Subject of the Agreement: Amendment No. 1 to City of Fort Worth Contract 62439 to provide capacity building professional services to small businesses to achieve 1) supply chain network education and experience support 2) match local small businesses to city contract and procurement opportunities for a period beginning September 1, 2025 through September 30, 2026, up to the total amount of $270,000.00, M&C Approved by the Council? * Yes © No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ©No ❑ CS0 62439 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No © If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: September 1, 2025 September 30, 2026 If different from the approval date. If applicable. Expiration Date: Is a 1295 Form required? * Yes ❑ No *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes © No ❑ Contracts need to be routed for CSO processing in the following order: rder: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.