HomeMy WebLinkAboutContract 32627 S
STATE OF TEXAS § CITY SECRETARY(S/ _a
CONTRACT No.
tp
COUNTY OF TARRANT §
WHEREAS, the Fort Worth Metropolitan Black Chamber of Commerce provides
professional services to small minority and women owned businesses; and
WHEREAS, the City of Fort Worth desires to contract with Fort Worth
Metropolitan Black Chamber of Commerce on a consulting basis to provide such
professional services to small minority and women owned businesses and to Fort Worth
residents who are owners of these small businesses; and
WHEREAS, the Fort Worth Metropolitan Black 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, THIS CONTRACT FURTHER WITNESSETH:
That for and in consideration of the mutual covenants, promises and agreements
contained herein, the City of Fort Worth ("City"), a home-rule municipal corporation
acting by and through Richard Zavala, its duly authorized Interim Assistant City
Manager, and the Fort Worth Metropolitan Black Chamber of Commerce ("Contractor"),
a non profit Texas corporation acting by and through Devoyd Jennings, its duly
authorized CEO, do hereby covenant and agree as follows:
1.
Contractor covenants and agrees to provide business services in Fort Worth on a
consulting basis to the citizens of Fort Worth. Such services are to be provided for a
period beginning October 1, 2005, and ending September 30, 2006; same more fully
described in Exhibits "A", "B" and "C" attached hereto and incorporated herein for all
purposes incident to this contract.
2.
In consideration of the services to be performed hereunder by Contractor, City
promises and agrees to pay Contractor $113,134 in one installment, no later than April
1, 2006. Contractor will submit monthly reports [Attachments I, II and Attachment III] for
services and activities undertaken by Contractor in performance of this contract. Each
report will be signed by a duly authorized agent of contractor and submitted by the 151n
of the month following the month which is reported.
Ire S E C f L�['`::..
3.
Either party may cancel this contract upon thirty (30) days notice in writing to the
other party of such intent to terminate. In the event of such termination, City shall
reimburse Contractor in the services performed up to the date of termination.
4.
Contractor covenants and agrees to fully cooperate with City in monitoring the
effectiveness of the services to be performed under this agreement, and City shall have
access at all reasonable hours to offices and records of Contractor for the purpose of
such monitoring.
5.
Contractor shall operate hereunder as an independent contractor and not as an
officer, agent, servants, or employee of the City of Fort Worth. Contractor shall have
exclusive control of and the exclusive 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 respondeat 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 of the City of Fort Worth.
6.
City shall in no way or under any circumstance be responsible for any property
belonging to Contractor, its officers, agents, employees, or subcontractors or program
participants, which may be lost, stolen, destroyed or in any way damaged; and
Contractor hereby indemnifies and holds harmless the City, its officers, agents, and
employees, from and against any and all such claims or suits.
7.
Contractor covenants and agrees to indemnify, hold harmless and defend, at its
own expense, the City, its officers, agents, servants, and employees, from and against
any and all claims or suits for property loss or damage and/or personal injury, including
death, to any and all persons of whatsoever kind or character, whether real or asserted,
arising out of or in connection with the execution, performance, attempted performance
or nonperformance of this contract and agreement, and/or the services performed
hereunder, whether or not cause, in whole or in part, by alleged negligence of officers,
agents, servants, or employees of the City of Fort Worth; and Contractor hereby
assumes all liability and responsibility of City, its officers, agents, servants and
employees, for any and all claims or suits of property loss or damage and/or personal
injury, including death, to any and all persons, of whatsoever kind of character, whether
real or asserted, arising out of or in connection with the execution, performance,
attempted and/or the services performed hereunder, whether or not cause, in whole or
in part, by alleged negligence of officers, agents, servants, or employees of City.
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, and employees, from and against any and all claims or suits resulting from
such misuse, misapplication or misappropriation.
8.
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 death, to persons or property, Contractor hereby expressly waives its rights to
plead defensively such immunity or exemption as against the City.
9.
Contractor shall not assign or subcontract all or any part of its rights, privileges or
duties under this contract 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.
10.
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 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 violation.
11.
Contractor, in the execution, performance or attempted performance of this
contract and agreement, will not discriminate against any person or persons because of
sex, race, religion, color or national origin, 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 III, 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 fully complied with all provisions of
same and that no employees, or employee-applicant has been discriminated against by
the terms of such ordinance by either Contractor, its agents, employees or
subcontractors.
12.
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:
Property damage, per occurrence $100,000
Bodily injury or death, per person $250,000
Bodily injury of death, per occurrence $500,000
with the understanding and agreement by Contractor 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.
Contractor further agrees that it shall comply with the Worker's Compensation
Act of Texas and shall provide sufficient compensation insurance to protect Contractor
and the City of Fort Worth from and against any and all Worker's Compensation claims
arising from the work and services provided under this contract.
13.
Contractor agrees that the City shall, until the expiration of three (3) years after 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 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 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.
14.
In the event no funds or insufficient funds are appropriated by the City in any
fiscal period any payments hereunder, City will notify Consultant of such occurrence
and this Contract 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.
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.
16.
Should any action, whether real or asserted, at law or in equity, arise out of the
execution, performance, attempted performance of this contract and agreement, venue
for said action shall lie in Tarrant County, Texas.
17.
Notices. Notices to be provided hereunder shall be sufficient if forwarded to the other
party by hand-delivery or via U.S. Postal Service certified mail, postage prepaid, to the address
of the other party shown below:
Bridgette Garrett, Budget/Mgmt Services Director Devoyd Jennings, CEO
City of Fort Worth Fort Worth Metropolitan Black Chamber
Budget & Mgmt Services Department of Commerce
1000 Throckmorton St. 1150 South Freeway, Suite 211
Fort Worth, Texas 76102 Fort Worth, Texas 76104
(817) 392-8518 (817) 871-6438
IN WITNESS WHEREOF, the parties hereto have executed this agreement in
multiples in Fort Worth, Tarrant County, Texas, this ( day of
Kb,._01_6y I A.D. 2005.
ATTEST: CITY OF FORT WORTH
F'" k4 W�� By: tQQ�_) w
Marty Hendri Rihard Zavala
City Secretary Int rim Assistant City Manager
0.-�f(A3
APPROVED AS TO FORM AND LEGALITY: Contract thorizatioa
_1L_-(L( a
Date
ssistant City Attorney
Date:
ATTEST: FORT WORTH METROPOLITAN
BLACLAMBER OF COMMERCE
By:
Dev6iejenn9s
CEO
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Devoyd Jennings, known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me
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 Worth Metropolitan Black
Chamber of Commerce for the purpose and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ,-'—e0#1 > �Grth day
of, A.D. 2005.
aha.., y.,ry MAICALA R. DENEfIEID -.-
Notary Public,State of Texas
My Commission Expires N ary Public in and for
a f:;
November 24,2005 th State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Richard Zavala, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that the
same 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
A.D. 2005.
/Z.Z-
o cuNTON sPR1111 LIMNotary Public intend for
SEONNISS 3- the State of Texas
oe
ATTACHMENTI
CITY OF FORT WORTH
INTERGOVERNMENTAL AFFAIRS AND GRANTS MANAGEMENT
REQUEST FOR FUNDS
AGENCY:
Fort Worth Metropolitan Black Chamber of Commerce PROGRAM NAME: Business Assistance Prograam
1150 South Freeway,Ste.211 CONTRACT NUMBER: 00000
Fort Worth,TX 76104 CONTRACT AMOUNT: $113,134
DATE OF REQUEST:
SECTION I(AGENCY) CURRENT MONTH CUMULAT[VE
I. Reimbursement Request
1. Expenditures: $ $
2. Income
A. Program Income $ $
B. City of Fort Worth $ $
C. Interest Eamed CDBG Funds $ $
3. Reimbursement(1 minus 2) $ $
II.Advance Pay Requests/Repayment $ $
III.Reporting Interest
1.Interest over$25 per quarter returned to City of Fort Worth $ $
SECTION 111(CITY)
I.MARS—Purchasing Request
A. MARS INPUT:Vendor/PO Number/Requisition Number:
B. Fund/Account/Center: GGOI/539120/0906200
C. Total Amount of this Request: $
SECTION III
I. Verification
A. Contract Compliance Specialist
(Name) (Signature) (Date)
B.MARS—Purchasing
(Name) (Signature) (Date)
C.Accounting
(Name) (Signature) (Date)
U.Authorization
A. Agency
(Name) (Signature) (Date)
B. Contract Manager
(Name) (Signature) (Date)
C. Budget Director
(Name) (Signature) (Date)
DISTRIBUTION:
White -Accounting
Blue -Budget
Green -Agency
CITY OF FORT WORTH ATTACHMENT it
BUDGET&MANAGEMENT SERVICES DEPARTMENT
BUDGET DIVISION
DETAIL STATEMENT OF COSTS
Fort Worth Metropolitan Black Chamber of Commerce
AGENCY CONTRACT NO. DATE
Business Assistance Program TO
PROGRAM REPORT PERIOD
PROGRAM MONTHLY CUMULATIVE
COST CATEGORY ACCOUNT BUDGET EXPENDITURES TO DATE BALANCE
PERSONAL SERVICES
Salaries 516 010
FICA 518 010
Life Insurance 518 050
Health Insurance 518 060
Unemployment Tax-State 518 090
Workers Comp 518 040
Retirement 518 070
SUPPLIES
Office Supplies 521 010
Postage 521 020
Teaching Aids(Equipment) 522 030
Food Supplies 522 030
Other Operating Supplies 523 300
CONTRACTUAL SERVICES
Telephone 535 040
Electric 535 020
Gas[Utility] 535 010
Water/Waste Disposal 535 030
Rent Buildin 537 010
Custodial Services 539 220
Office Equipment Rental 537 030
Printing 533 030
Repairs 536 010
Fidelity Bond 538 210
Liability Insurance 534 020
Legal&Accounting 538 050
Private Auto Allowance-Local 532 130
Advertising 533 010
Conferences&Seminars 531 180
Contractual Services 539 120
CAPITAL OUTLAY
Furniture,Fixtures 541 330
Office E ui ment,Computers 541 370
Other Equipment 541 320
TOTAL
Contractors Certification: I certify that the costs incurred are taken from the books of account and that such costs are valid and consistent with the terms
NAME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE
PREPARE ONE FORM FOR EACH SOURCE OF FUNDS
DISTRIBUTION:
White: Accounting
Blue: IAGM
Green: Agency IA&GM FORM 96-03
ATTACHMENT III
CITY OF FORT WORTH
BUDGET&MANAGEMENT SERVICES DEPARTMENT
EXPENDITURES WORKSHEET
Fort Worth Metropolitan Black Chamber of Commerce
Agency Contract Number Date
Business Assistance Program TO
Program REPORT PERIOD
NO DATE CHECK PAYEE DESCRIPTION ACCOUNT NO. AMOUNT
NO.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
26
TOTAL
TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE
DISTRIBUTION
White:Accounting
Blue:IAGM
Green:Agency
EXHIBIT A
PROGRAM SUMMARY
FORT WORTH METROPOLITAN BLACK CHAMBER OF COMMERCE
AGENCY
BUSINESS ASSISTANCE PROGRAM
PROGRAM
00000 1 October 2005 to 30 September 2006 $113,134
CONTRACT NO. PERIOD AMOUNT
PROGRAM SUMMARY
To provide outreach efforts and market appropriate business services to assist M/WBE businesses
located in, but not limited to the Southeast area of the City.
COUNCIL DISTRICTS
All
PROGRAM GOALS
• To identify and evaluate small M/VWBE business owners and provide appropriate business services
with matching resources.
PROGRAM OBJECTIVES
• To provide business services that will allow small businesses to access expanded markets for goods
and services, and
• To provide assistance in obtaining capital resources that will allow small business start-ups,
expansion, and stabilization of small businesses.
PROGRAM SERVICES and ACTIVITIES GOALS
• Number Unduplicated Clients Served 350
• Clients Assisted Business Plans 48
• Clients Assisted Marketing Plans 24
• Clients Provided Business Counseling 278
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CITY OF FORT WORTH EXHIBIT C
GENERALFUND
ANNUAL BUDGET
CONTRACT PERIOD From: 10/1/2005 To: 9/30/2006
Name of Sub Grantee Name of Program
Program General
Cost Category Budget Fund [a] [b c d]
PERSONAL SERVICES
Salaries 61,360 89,860 - -
FICA 4,692 6,381 -
Life Insurance - - - -
Health Insurance - - - -
Employment Tax-State 153 209 - -
Employment Tax-Federal 135 184 -
Worker's Comp 294 400 -
Retirement - - -
SUPPLIES
Office Supplies 1,087 3,000 -
Postage 1,203
Teaching Aids - - -
Other Operating Expenses -
CONTRACTUAL SERVICES
Telephone 720 - -
Electric - -
Gas -
Water/Waste Disposal -
Building Lease 2,616 - -
Janitorial Services - -
Office Equipment Rental - -
Printing 1,200 1,500 -
Repairs - - - -
Fidelity Bond -
Liability Insurance - -
Legal&Accounting 300 300 - -
Private Auto Allowance-Local 1,200 3,800 - - -
Advertising 2,000 2,500 -
Conference&Seminars 800 2,000
Contractual Services - - -
Miscellaneous - - -
CAPITAL OUTLAY
Office Furniture - - -
Computer Equipment 3,000 3,000
Other: [Described] -
TOTALGENERALFUNDT 113,134 - - - -
MATCHING FUND SOURCES
[a]
[b]
[c]
[c]
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 101412005
DATE: Tuesday, October 04, 2005
LOG NAME: 032005BLACKCHBR REFERENCE NO.: **C-21043
SUBJECT:
Authorize Execution of a Contract with the Fort Worth Metropolitan Black Chamber of Commerce
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract, in the amount of
$113,134.00, with the Fort Worth Metropolitan Black Chamber of Commerce.
DISCUSSION:
During the FY2005-06 budget process, the City Council approved financial support for the Fort Worth
Metropolitan Black Chamber of Commerce (Chamber) to continue providing financial planning assistance
and outreach programs to M/WBE and small businesses located in Fort Worth.
For several years, the Fort Worth Metropolitan Black Chamber of Commerce has counseled individuals with
the planning of small businesses within the Fort Worth area. The Chamber assists clients with topics such
as tax planning, employee-related issues, marketing and a number of other small business related
issues. In addition, the Chamber provides program services such as business planning assistance,
certification assistance and business counseling.
In conjunction with these programs, the Chamber coordinates a monthly workshop for persons interested in
the start-up of a small business.
It is recommended that a contract be executed between the City of Fort Worth and the Fort Worth
Metropolitan Black Chamber of Commerce for the period of October 1, 2005 through September 30,
2006.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds have been budgeted in the FY2005-2006 General Fund adopted
budget for this expenditure.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 539120 0906200 $113.134.00
Submitted for City Manager's Office by: Richard Zavala (Acting) (6222)
Originating Department Head: Bridgette Garrett (8518)
Additional Information Contact: Jose Moreno (8349)
Logname: 032005BLACKCHBR Page 1 of 1