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HomeMy WebLinkAboutContract 30930 CITY SECRETARY CONTRACT NO STATE OF TEXAS § 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, 2004, and ending September 30, 2005; 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 ,a"r1:,r,C mises and agrees to pay Contractor $113,134 in one installment, no later than April 1, 2005. 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 15th of the month following the month which is reported. ''CITY NCUR,, IFpe N vHNI VEKL ' 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 104h day of QL��b�, , A.D. 2004. ATTEST: CITY OF FORT WORTH 1 \ Byf1terim Marty Hendrix hard Zavala City Secretary Assistant City Manager APPROVED AS TO FORM AND LEGALITY: -ontraciC Authorization Assistant City Attorney t1 Date Date: 0—a-0 ATTEST: FORT WORTH METROPOLITAN BLACK CHAMBER OF COMMERCE By: Devoyd Jenn' gs CEO i 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 L �{ day v/L AgI it,c,`d t- of, A.D. 2004. -------- 4., r4 .•.'wY PGB LORENE COLLIER Notiry Public in and for `• •: Notary Public,State of Texas the State of Texas ,'�oFtE�'• My Commission Expires 03.23-OI3 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 /5 day of A.D. 2004. o�RY P a•; ROSELLA BARNES ° *f °t NOTARY PUBLIC Notary Public in and for state of Texas the State of Texas of • Comm.Exp.03-31-2005 }r`Y f u �'' ,✓t: 7V3 u,� � t EXHIBIT A PROGRAM SUMMARY FORT WORTH METROPOLITAN BLACK CHAMBER OF COMMERCE AGENCY BUSINESS ASSISTANCE PROGRAM PROGRAM 00000 1 October 2004 to 30 September 2005 $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/WBE 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 resourses 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 r', 6 A,: EXHIBIT B PROGRAM SERVICE SCHEDULE Fort Worth Metropolitan Black Chamber of Commerce AGENCY Business Assistance Program PROGRAM Activity Oct —Nov Dec Jan eb Mar Apr av un ul AugSep otal Number of Unduplicated Clients Served 29 29 29 29 30 29 30 29 29 29 29 29 350 Clients Assisted Business Plans 4 4 4 4 4 4 4 4 4 4 4 4 48 Iients Assisted MarketingPlans 2 2 2 2 2 2 2 2 2 2 2 2 24 lients Assisted Business ounselin 23 23 23 23 23 23 24 24 1 23 23 23 23 278 CITY OF FORT WORTH EXHIBIT C GENERALFUND ANNUAL BUDGET Page 1 of 3 CONTRACT PERIOD From: 10/1/2003 To: 9/30/2004 Name of Sub Grantee Name of Program Program General Cost Category Budget Fund [a] [b] [c] [d] PERSONAL SERVICES Salaries 89,860 89,860 - - FICA 6,381 6,381 - Life Insurance - - - Health Insurance - - - - Employment Tax-State 209 209 - Employment Tax-Federal 184 184 - Worker's Comp 400 400 - - Retirement - - - SUPPLIES Office Supplies 3,000 3,000 Postage - - Teaching Aids - - - - Other Operating Expenses CONTRACTUAL SERVICES Telephone - Electric Gas - - Water/Waste Disposal - Building Lease - - Janitorial Services - Office Equipment Rental - - - - - Printing 1,500 1,500 - - Repairs - - - Fidelity Bond - - - Liability Insurance - - - - Legal&Accounting 300 300 - Private Auto Allowance-Local 3,800 3,800 - - Advertising 2,500 2,500 - - Conference&Seminars 2,000 2,000 - - - Contractual Services - - - - Miscellaneous - - CAPITAL OUTLAY Office Furniture - - - - - Computer Equipment 3,000 3,000 - - - Other: [Described] - - - - - - I TOTALI 113,134 113,134 - - - - MATCHING FUND SOURCES [a] [b] [c] [c] ATTACHMENT CITY OF FORT WORTH INTERGOVERNMENTAL AFFAIRS AND GRANTS MANAGEMENT REQ"EST 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 CUMULATIVE I. Reimbursement Request 1. Expenditures: $ $ 2. Income A. Program Income $ $ B. City of Fort Worth $ $ C. Interest Earned CDBG Funds S $ 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 II(CITY) I.MARS—Purchasing Request A. MARS INPUT: Vendor/PO Number/Requisition Number: B. Fund/Account/Center: GGO 1/539120/0906200 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) II.Authorization A. Agency (Name) (Signature) (Date) B. Contract Manager (Name) (Signature) (Date) C. Budget Director (Name) (Signature) (Date) DISTRIBUTION: White -Accounting Blue -IAGM Green -Agency CITY OF FORT WORTH ATTACHMENT II INTERGOVERNMENTAL AFFAIRS AND GRANTS MANAGEMENT CONTRACT MANAGEMENT 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 WaterfWaste Disposal 535 030 Rent[Building] 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 Equipment,Com uters 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 r, Green:Agency FoRl WORTH Home I Council Agenda I N&C I Employee Directory I Morning Report I Ads I PRS I Solution Zone I Departments I Site Map Print M&C COUNCIL ACTION: Approved on 10/26/2004 DATE: 10/26/2004 REFERENCE NO.: **C-20356 LOG NAME: 03BLACKCHAMBER CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Authorize the 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, with the Fort Worth Metropolitan Black Chamber of Commerce. DISCUSSION: During the FY2004-05 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. The Chamber also 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. In addition to the aforementioned services, the Chamber will be utilizing $35,374 of the total funds to add an additional staff person to function as a Plans Coordinator to provide technical and educational assistance to small and/or minority contractors. 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, 2004, through September 30, 2005. FISCAL INFORMATION/CERTIFICATION: The Finance 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 GG01 539120 0906200 $113.134.00 Submitted for City Manager's Office by Richard Zavala (Acting) (8511) Originating Department Head: Bridgette Garrett (8518) Additional Information Contact: Jose Moreno (8349)