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HomeMy WebLinkAboutContract 30604 CITY *OR-RETARY PROFESSIONAL SERVICES AGREEMENT "ONTRACT NO . JJLQ� THIS AGREEMENT is made and entered into by and between the CITY OF FORT WORTH ("the City"), a home rule municipal corporation of the State of Texas, located within Tarrant, Denton and Wise Counties, Texas, acting by and through its duly authorized Assistant City Manager, Libby Watson, and NEIGHBORHOOD EDUCATION CENTER ("Contractor"), acting by and through Madelyn Gibbs, it Executive Director. NOW THEREFORE, in consideration of the mutual covenants herein expressed, the City and Contractor agree as follows: SCOPE OF SERVICES Contractor hereby agrees, to provide, furnish or perform the services to be provided as described below in conjunction with the Fair Housing Assistance Program Partnership Initiative entitled Fair Housing and Neighborhood Capacity Building. Contractor shall commence, carry on and provide such services in accordance with this Agreement and all applicable laws. In providing such services, the Contractor shall take such steps as are appropriate to insure that the work involved is properly coordinated with any related work performed by the City. 1. Contractor shall provide training workshops to community members that focus on various aspects of creating and/or maintaining strong and healthy neighborhoods. The Contractor will hold two (2) workshop events. One will be in the fall of 2004 and another in the spring of 2005. The fall workshop will include the annual Mayor's Neighborhood Awards luncheon. The spring workshop will be held during fair housing month. The City will have final approval of workshop subjects and content. 2. Contractor will complete and submit the program design for the first workshop(s) to the Director of the Community Relations Department by September 30, 2004. Program development and pre-workshop promotion and marketing will be completed by October 31, 2004. The production of course materials and final event logistics will be completed by November 30, 2004. The first workshop, program follow-up and evaluation will be completed by December 31, 2004. 3. Contractor will complete and submit the program design for the second workshop(s) to the Director of the Community Relations Department by January 31, 2005. Program development and pre-workshop promotion and marketing will be completed by February 28, 2005. The production of course materials and final event logistics will be completed by March 31, 2004. The second workshop(s) will be completed by April 30, 2005 and final program reports and evaluation will be completed by May 31, 2005. COMPENSATION Contingent upon the timely and satisfactory performance of services as described above, Contractor will invoice City in accordance with the following fee schedule: September 30, 2004 $1,000.00 October 31, 2004 $2,500.00 November 30, 2004 $4,000.00 December 31, 2004 $ 500.00 January 31, 2005 $ 500.00 February 28, 2005 $1,500.00 March 31, 2005 $3,000.00 April 30, 2005 $ 500.00 May 31, 2005 $ 500.00 Contractor will present the city with an invoice and the City will pay such invoice within 30 days from the date the invoice is received by the City. All invoices submitted by the Contractor must describe the activity and/or service performed by Contractor as detailed in the "Scope of Services" section of this Agreement. EXPENSES The Contractor represents that it has or will secure, at its own expense, all materials, supplies, machinery, equipment, tools, superintendence, labor, personnel, insurance, and other accessories and services necessary to provide such services in accordance with the requirements of the City. INDEPENDENT CONTRACTOR It is expressly understood and agreed that Contractor shall operate as an independent contractor in each and every respect hereunder and not as an agent, representative or employee of the City. Contractor shall have the exclusive right to control all details and day-to-day operations relative to the work performed under this Agreement and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, and invitees. Contractor acknowledges that the doctrine of respondeat superior will not apply as between the City and Contractor, its officers, agents, servants, employees, contractors, subcontractors, and invitees. Contractor further agrees that nothing in this Agreement will be construed as the creation of a partnership or joint enterprise between the City and Contractor. Contractor understands and acknowledges that there will be no claims whatsoever against City for insurance, workers' compensation, or other benefits available to an employee. Contractor represents and warrants personal payment of all withholdings and deductions, as well as all payments for taxes, insurance, and workers' compensation, if required to do so by law. INDEMNIFICATION CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY (i) CONTRACTOR'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS, RELATED TO THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT; EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE GROSS NEGLIGENCE OF THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES. INSURANCE Prior to the effective date of this Agreement, Contractor shall procure, pay for and maintain insurance written by companies approved by the State of Texas and acceptable to City naming the City as additional insured. The insurance shall be evidenced by delivery to City of executed certificates of insurance and/or certified copies of policies in the following coverage at minimum limits; Required insurance shall be a minimum of $500,000, per occurrence and a minimum of $500,000 aggregate. Organizations must submit copies of their insurance for Worker's Compensation, if there are employees. Insurance must meet statutory limits and employer's liability of $100,000 per each accident/occurrence, $100,000 disease per each employee and $500,000 bodily injury/disease — policy limit. APPLICABLE LAW /VENUE This Agreement shall be construed in accordance with the laws of the State of Texas and all applicable federal, state and local laws, ordinances, rules and regulations, including, but not limited to, all provisions of the City's Charter and ordinances, as amended. Should any action, at law or in equity, arise out of the terms of this Agreement, exclusive venue for said action shall be in Tarrant County, Texas. ASSIGNMENT Contractor may not assign, transfer or otherwise convey any of its rights or obligations under this Agreement to any party without the prior written consent of the City, which consent shall not be unreasonably withheld or delayed, conditioned on (i) the prior approval of the assignee or successor and a finding by the City that the proposed assignee or successor is financially capable of completing the work and (ii) the proposed assignee or successor has executed a written agreement with the City under which it agrees to assume all covenants and obligations of Contractor under this Agreement, in which case such assignee or successor shall thereafter be deemed "Contractor' for all purposes under this Agreement. TERMINATION Either party may terminate this Agreement for any reason, with or without cause, by giving thirty (30) days written notice to the other party. If the City terminates, upon the receipt of such notice, Contractor shall immediately discontinue all services, work, and activities in connection with the performance of this Agreement and shall proceed to promptly complete all existing projects as they are chargeable to this Agreement. If the City terminates this Agreement, the City shall pay Contractor for services actually and satisfactorily performed in accordance herewith prior to such termination, in accordance with a final statement submitted by Contractor documenting the performance of such work. Upon termination, the parties shall be released from all obligations contained in this Agreement except for the indemnification requirements as stated above. SEVERABILITY It is agreed that in the event any covenant, condition or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall in no way affect any other covenant, condition or provision herein contained, provided however, that the invalidity of any such covenant, condition or provision does not materially prejudice either Contractor or City in connection with the rights and obligations contained in the valid covenants, conditions or provisions of this agreement. ENTIRE AGREEMENT This written instrument constitutes the entire Agreement by the parties hereto concerning this Agreement and the obligations of the parties and any prior or contemporaneous oral or written agreement that purports to vary from the terms hereof shall be void. This Agreement cannot be modified or amended without the written consent of all the parties hereto and attached and made a part of this Agreement. WAIVER The waiver by the City of any default or breach of a term, covenant or condition of this Agreement shall not be deemed to be a waiver of any other breach of that term, covenant or condition or any other term, covenant or condition of this Agreement, regardless of when the breach occurred. [Signature Page Follows] a _ EXECUTED on this the day of ' 2004 CITEby F RT WORT NEIGBORHOOD EDUC TON CENTER By: By: Wats 1090elyri Gibyd Assistant City Manager Executive Di ector ATTEST: ATTEST: By:N\ By: City Secretary APPROVED AS TO FORM AND LEGALITY: Assista City Attorne -'once act Authorizatioa Date j�IT. i City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/21/2004 - Ordinance No. 16134 DATE: Tuesday, September 21, 2004 LOG NAME: 07FHAP2004 REFERENCE NO.: **C-20279 SUBJECT: Accept Reimbursement from a Fair Housing Assistance Program Cooperative Agreement between the Fort Worth Community Relations Department and the U. S. Department of Housing and Urban Development RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute a Fair Housing Assistance Program Cooperative Agreement between the Fort Worth Community Relations Department (CRD) and the U. S. Department of Housing and Urban Development (HUD) and accept funds in the amount of $433,191; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the . Grants Fund by $433,191 from available funds. DISCUSSION: Pursuant to a Cooperative Agreement, HUD provides funding to CRD for .a designated Fair Housing Assistance Program. The terms of the 2004 Cooperative Agreement are based on the number of fair housing complaints resolved from July 1, 2003 to June 30, 2004. The CRD resolved 125 complaints during this time period. Additional funds are awarded to qualifying Fair Housing Assistance Programs for administrative costs, training, partnerships and special enforcement efforts. On July 24, 2004, the Fort Worth Human Relations Commission voted to recommend acceptance of the 2004 Fair Housing Assistance Program Cooperative Agreement with the U. S. Department of Housing and Urban Development. The agreement provides reimbursement for the following: a. Resolution of housing discrimination complaints in the amount of$228,000; and b. Administrative costs in the amount of$47,660; and c. Funds for Special Enforcement Efforts in the amount of$83,160; and d. Training in amount of $29,000; and e. Tuition for staff attendance at the National Fair Housing Training Academy in the amount of $8,800; and f. Partnership funds for enforcement and outreach efforts in the amount of $36,571. Partnership funds will be used as follows: T.nonamP. n7FTNAP')Aod i. The amount of $4,000 to hold the Fifth Annual First Time HomebuYers and Fair Housing Event; and ii. The amount of $11,500 to continue to partner with Dr. Gary Lacefield of Lacefield and Associates to assist in reducing aged cases; and iii. The amount of $14,000 to partner with the Neighborhood Education Center to offer training to community members that focuses on various aspects of creating and/or maintaining strong and healthy neighborhoods, and iv. The amount of.$7,071 to provide fair housing information at community outreach events. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations, receipt of the grant and adoption of the attached appropriation ordinance, funds will be available in the FY2004-05 operating budget, as appropriated,'of the Grants Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GR76 451233 007206979000 $433.191.00 GR76 5&ARIOUS) 007206979010 $433.191.00 1Submitted for City Manager's Office by: Libby Watson (6140) /Originating Department Head: Vanessa Ruiz Boling (7534) Additional Information Contact: Tracy Bancroft-Lasseter (6365) T nctnamc• 0'7M-7 A D-)OOA T 1 rn