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HomeMy WebLinkAbout064981 - General - Contract - Platicas AzulesFWCSC No. 64981 MEMO ANDUM OF UNDERSTANDING BETWEEN THE CITY OF FORT WO TH AND PLATICAS AZULESFW This Memorandum of Understanding ("Memorandum") is made and entered into by and between PLATICAS AZULESFW, a nonprofit corporation, and the CITY OF FORT WO TH ("City"), a home -rule municipal corporation of the State of Texas acting by and through its duly - authorized Assistant City Manager, to document the relationship between the two entities. City and Platicas AzulesFW may be referred to herein individually as a "Party" or collectively as the "Parties." I. BACKGROUND AND PURPOSE 1. City desires to have the Fort Worth Public Library ("FWPL") engage the residents of Fort Worth by supporting education and outreach opportunities. 2. Library's mission is to build a community of learners, dreamers, and doers. This is achieved through library services in multiple City locations, including programs and partnerships inside and outside the library buildings. 3. Platicas AzulesFW's main focus is to provide support to moms and families of children with autism and/or other disabilities in the Hispanic community in the Fort Worth area. 4. Parties desire to work together with the common goal of conducting information sessions for FWPL patrons on resources available in Fort Worth, Texas. 5. This Memorandum represents the intent of the Parties to memorialize the understanding of the Parties and their desire to ensure positive cultural outcomes for the residents of Fort Worth. 6. The City desires eighteen (18) events, one per month. Events to be scheduled on a Thursday or Saturday each month at the Northwest library (6228 Crystal Lake FTW, TX 76179). Option to change location with written notification. II. TERM This Memorandum shall last for eighteen (18) months beginning March 18, 2026 ("Effective Date"), unless terminated earlier in accordance with this Memorandum. This Memorandum may be renewed annually under the same terms and conditions upon the written mutual agreement of the Parties. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Memorandum of Understanding PLATICAS AZULESFW Page 1 of 7 M. OBLIGATIONS 1. Parties agree to designate a representative to coordinate all services to be performed pursuant to this Memorandum. 2. Platicas AzulesFW will send out invitations to families with children with autism to attend monthly support groups 3. Platicas AzulesFW will create an agenda and sign in sheet for each meeting. 4. Platicas AzulesFW will recruit or secure partnerships with multiple stakeholders addressing the needs of families participating. 5. Platicas AzulesFW will assist with outreach through online social media engagement. 6. Platicas AzulesFW will provide lunch to participants. 7. Platicas AzulesFW will pre -register for their groups 8. FWPL will provide publicity for the public support groups 9. FWPL will provide meeting room space, tables, chairs, projection equipment, presentations. 10. FWPL will host the Platicas AzulesFW during a Parent Cafe and FWPL staff will present information of library resources. 11. FWPL will post the Caf6 on their social media handles IV. TERMINATION Memorandum may be terminated by either Parry without cause with thirty (30) days written notice. V. CORRESPONDENCE All notices required or permitted under this Memorandum shall be conclusively determined to have been delivered when (i) hand -delivered to the other Party, or its authorized agent, employee, servant, or representative, or (ii) received by the other Party or its authorized agent, employee, servant, or representative by reliable overnight courier or United States Mail, postage prepaid, Memorandum of Understanding PLATICAS AZULESFW Page 2 of 7 return receipt requested, at the address stated below or to such other address as one Party may from time to time notify the other in writing. CITY City of Fort Worth Library Director 100 Fort Worth Trail Fort Worth, Texas 76102 With copy to: Assistant City Attorney 100 Fort Worth Trail Fort Worth, Texas 76102 PLATICAS AZULESFW Jannett Ruiz 3118 Rosen Ave Fort Worth, TX 76106 PLATICAS AZULESFW and City agree to notify the other Party of any change in address. VI. GOVERNING LAWNENUE If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Memorandum, the venue for such action shall lie in state courts located in Tarrant County, Texas, or the United States District Court for the Northern District of Texas — Fort Worth Division. This Memorandum shall be construed in accordance with the laws of the State of Texas. VII. INSURANCE Insurance. Platicas AzulesFW must provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any Services pursuant to this Agreement: Coverage and Limits (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate Memorandum of Understanding PLATICAS AZULESFW Page 3 of 7 (b) Worker's Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the Services are being performed Employers' liability $100,000 - Bodily Injury by accident; each accident/occurrence $100,000 - Bodily Injury by disease; each employee $500,000 - Bodily Injury by disease; policy limit General Requirements (a) The commercial general liability and automobile liability policies must name City as an additional insured thereon, as its interests may appear. The term City includes its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers' compensation policy must include a Waiver of Subrogation (Right of Recovery) in favor of City. (c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage must be provided to City. Ten (10) days' notice will be acceptable in the event of non-payment of premium. Notice must be sent to the City of Fort Worth, 100 Fort Worth Trail, Fort Worth, Texas 76102,. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. (e) Any failure on the part of City to request required insurance documentation will not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that Vendor has obtained all required insurance will be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. VIII. SOVEREIGN INLVH NITV Nothing herein constitutes a waiver of City's sovereign immunity. Memorandum of Understanding PLATICAS AZULESFW Page 4 of 7 IX. LIABILITY AND INDEMNITY Nothing herein constitutes a waiver of Platicas AzulesFW liability or requires City to indemnify or hold Platicas AzulesFW or any third party harmless from damages of any kind or character. LIABILITY - PLATICAS AZULESFW WILL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY, INCLUDING, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF PLATICAS AZULESFW, ITS OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. GENERAL INDEMNIFICATION - PLATICAS AZULESFW HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, REPRESENTATIVES, SERVANTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO PLATICAS AZULESFW'S BUSINESS AND ANY RESULTING LOST PROFITS) AND PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF PLATICAS AZULESFW, ITS OFFICERS, AGENTS, REPRSENTATIVES, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. X. RIGHT TO AUDIT If any money is exchanged as part of this Memorandum, then the City shall have the right to audit the financial and business records of Platicas AzulesFW that relate to any monetary exchange under this Memorandum ("Records") at any time during the term of the Memorandum and for three (3) years thereafter. It is expressly understood that no money is being exchanged as part of this Memorandum. XI. SIGNATURE AUTHORITY The person signing this Memorandum hereby warrants that he or she has the legal authority to execute this Memorandum on behalf of his or her respective Party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the person or entity. The other Party is fully entitled to rely on this warranty and representation in entering into this Memorandum. Should that person or entity not be authorized, the terms and conditions of this Memorandum of Understanding PLATICAS AZULESFW Page 5 of 7 Memorandum shall be binding as against the signatore and she shall be subject to the terms and conditions of this Memorandum. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE FOLLOWS] Memorandum of Understanding PLATICAS AZULESFW Page 6 of 7 IN WITNESS WHEREOF, the parties hereto have executed this Memorandum in multiples. CITY: Dana Bur *doff By: Dana Burghdoff (Apr 6, 20 9:47:59 CDT) Dana Burghdoff Assistant City Manager 04/06/2026 Date: For City of Fort Worth internal processes: APPROVAL RECOMMENDED: to , x4e,,- Midori Clark (Apr 6, 2026 09:05:43 CDT) Midori Clark Library Director APPROVED AS TO FORM AND LEGALITY: 1:5 /7� S� By: Taylor Paris Assistant City Attorney CONTRACT AUTHORIZATION: M&C: N/A FORM 1295: N/A PLATICAS AZULESFW: By: JanAd Ruiz (Ap 5; 13:16:46 CDT) Jannett Ruiz Founder & President C179111 AKIW:9 Date: Contract Compliance Manager: 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. By: April Jacquez (Apr 3, 2026 0937:45 CDT) April Jacquez-Cobian Sr. Contract Compliance Specialist ATTEST: a F�Rr°°aa G�O v, p IV FgP,Qaa nvEaps4a Jannette Goodall City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Memorandum of Understanding PLATICAS AZULESFW Page 7 of 7 FORT WORTH, City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Platicas AzulesFW Subject of the Agreement: parent cafe M&C Approved by the Council? * Yes ❑ No 8 If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 8 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No 8 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: ACM signature date If different from the approval date. Expiration Date: 1 year after ACM signature date If applicable. 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 8 No ❑ Contracts need to be routed for CSO processing in the following order: 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.