HomeMy WebLinkAboutContract 29367 CITY SECRETARY,
STATE OF TEXAS § CONTRACT r4o. r/
COUNTY OF TARRANT §
WHEREAS, the Fort Worth Hispanic 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 Hispanic
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 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, 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 Charles R. Boswell, its duly authorized Assistant City Manager,
and the Fort Worth Hispanic Chamber of Commerce ("Contractor'), a non-profit Texas
corporation acting by and through Rosa Navejar, 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 , 2002, and ending September 30, 2003; 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 $82,710 in two installments; the first installment
of $41,355, to be disbursed not more than 15 days after execution of the contract; the
second installment of $41,355, no later than April 1, 2004. Contractor will submit
monthly reports [Attachments I, II, III, and Attachment IV] 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.
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
1 r•
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, rales 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 desisUmm an
correct such violation.
R W"OHN,
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 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.
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 far which
appropriations were received without penalty or expense to City of any kind I atsoever,
v�j '6' 1}j ?�€1,�,t
except as to the portions of the payments herein agreed upon for which funds shall
have been appropriated.
14.
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.
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.
FY, ;.,NYH O TEL
IN WITNESS WHEREOF, the parties hereto have executed this agreement in
multiples in Fort Worth, Tarrant County, Texas, this 1� day of
A.D. 2003
ATTEST: CITY OF FORT WORTH
By: (�Oa� 6-L &(.1�
Gloria Pears C arles R. Boswell
City Secreta Assistant City Manager
APPROVED AS TO FORM AND LEGALITY: contract Authorization
c Date
Assists City ttorn
Date: 1t �q(cr?
ATTEST: __ _.. j _ FORT WORTH HISPANIC
CHAMBER OF COMMERCE
INA KWIN FK
„ 1
By.
Rosa Navejar
CEO
Ut HU
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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 Rosa Navejar, 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 Hispanic Chamber of Commerce and that she
executed the same as the act of said Fort Worth Hispanic 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 day
of, A.D. 2003
Notary Public in and for
the 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 Charles R. Boswell, 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. 2003
Notary Public in and for
ROSELLA BARNES the State of Texas
NOTARY PUBLIC
state of Texas
Comm. Exp. 03-31-2005
TU" CC'02D
�, M YEN,
ATTACHMENT I
CITY OF FORT WORTH
INTERGOVERNMENTAL AFFAIRS AND GRANTS MANAGEMENT
REQUEST FOR FUNDS
AGENCY:
Fort Worth Hispanic Chamber of Commerce PROGRAM NAME: Business Assistance Prograam
1327 North Main St. CONTRACT NUMBER: 00000
Fort Worth,TX 76106 CONTRACT AMOUNT: $82,710
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 $ $
3. Reimbursement(1 minus 2) $ $
11.Advance Pay Requests/Repayment $ $
IIl.Reporting Interest
1.Interest over$25 per quarter returned to City of Fort Worth $ $
SECTION 11(CITY)
1.MARS—Purchasing Request
A. MARS INPUT:Vendor/PO Number/Requisition Number:
B. Fund/Account/Center: GG01/539120/0906200
C. Total Amount of this Request: $
SECTION III
I. Verification
A. Contract Manager
(Name) (Signature) (Date)
B.MARS—Purchasing
(Name) (Signature) (Date)
C.Accounting
(Name) (Signature) (Date)
H.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 Hispanic 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
Worker's Comp 518 040
Retirement 518 070
SUPPLIES
Office Supplies 521 010
Postage 521 020
Teaching Aids(Equipment) 522 030
Food Supplies 522 030
Other Operatina Su lies 523 300
CONTRACTUAL SERVICES
Telephone 535 040
Electric 535 020
Gas[Utilit ] 535 010
Water/Waste Disposal 535 030
Rent[Building] 537 010
Custodial Services 539 220
Office Equipment Rental 537 030
Printinq 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 of
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 V6W
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ATTACHMENT III
CITY OF FORT WORTH
INTERGOVERNMENTAL AFFAIRS AND GRANTS MANAGEMENT
EXPENDITURES WORKSHEET
Fort Worth Hispanic 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 o 1
White:Accounting t"fY��+1?•;:i F': "�c�?��1'
Blue:1AGM r ,
Green:Agency Off C
EXHIBIT A
PROGRAM SUMMARY
FORT WORTH HISPANIC CHAMBER OF COMMERCE
AGENCY
BUSINESS ASSISTANCE PROGRAM
PROGRAM
00000 1 October 2003 to 30 September 2004 $825710
CONTRACT NO. PERIOD AMOUNT
PROGRAM SUMMARY
To provide outreach efforts and market appropriate business services to assist M/VWBE businesses
located in, but not limited to the Northern 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 200
• Clients Assisted Business Plans 125
• Clients Assisted Marketing Plans 125
• Clients Provided Business Counseling 500
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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 53,945 53,945 - - -
FICA 4,127 4,127 - - - -
Life Insurance 129 129 - - - -
Health Insurance 4,704 4,704 - - - -
Employment Tax-State 444 444 - - - -
Employment Tax-Federal - - - - -
Worker's Comp 554 554 - - -
Retirement - - - -
SUPPLIES
Office Supplies 457 457 - -
Postage 1,300 1,300 - -
Teaching Aids - - - -
Other Operating Expenses - - - - -
CONTRACTUAL SERVICES
Telephone 1,800 1,800 -
Electric - - - - -
Gas - - - -
Water/Waste Disposal - - -
Building Lease 12,000 12,000 - - -
Janitorial Services - - - -
Office Equipment Rental - - - -
Printing 1,000 1,000 - -
Repairs - - - -
Fidelity Bond 150 150 - -
Liability Insurance 600 600 - -
Legal&Accounting 1,500 1,500 - - -
Private Auto Allowance-Local - - - - -
Advertising - - -
Conference&Seminars - - -
Contractual Services - -
Miscellaneous - -
CAPITAL OUTLAY
Office Furniture - - - -
Computer Equipment - - - - -
Other: [Described] - - - - -
TOTALI 82,710 82,710 - - - -
MATCHING FUND SOURCES
[a]
[b]
[c]
[c]
BUDGET DETAIL Page 2 of 3
PERSONAL SERVICES
Hourly Annual % of
Position/Title Rate Hours Time Amount
1 Director, Business Assistance Program 17.31 1906.66 80.0% 26,403
2 Office Assistant 10.59 1906.66 60.0% 12,115
3 Executive Director/President 26.97 1906.66 30.0% 15,427
4 -
5 -
6 -
7 -
8 -
9 -
10 -
TOTAL STAFF SALARIES 53,945
FRINGE BENEFITS
%of % Paid % Paid
CATEGORY Payroll Amount by Agency by Fund Amount
FICA 7.65% 4,127 0 100% 4,127
Life Insurance 0.6% 324 0 40% 129
Health Insurance 21.80% 11,760 0 40% 4,704
Employment Tax-State 2.06% 1,111 0 40% 445
Employment Tax-Federal 3.09% 1,667 0 33% 550
Worker's Comp 0.00% - 0 0% -
Retirement 0.00% - 0 0% -
TOTAL FRINGE BENEFITS 9,955
TOTAL PERSONAL SERVICES 63,900
BUDGET DETAIL Page 3 of 3
UTILITIES
Average Cost Number of
Category Per Month Months Amount
Telephone 150 12 1800
Electric 0 0 -
Gas 0 0 -
Water/Waste Disposal 0 0 -
Other: [Specify] 0 0 -
TOTAL UTILITIES 1800
BUILDING LEASE
No. Square Cost Per
Building Location Foot Square Foot Amount
1 1327 North Main 1000 1 12,000
2 0 0 -
3 0 0 -
TOTAL BUILDING LEASE 12,000
OTHER EXPENSES
Total % Charged
Category Charge To CDBG Amount
Fidelity Bond 0 0.0% -
Liability Insurance 0 0.0% -
Legal &Accounting 0 0.0% -
TOTAL OTHER EXPENSES 0
CONFERENCES &SEMINARS
Total % Charged
Event Charges to CDBG Amount
1 Educational Seminars 1000 100.0% 1000
2 0 0.0% 0
3 0 0.0% 0
TOTAL CONFERENCES & SEMINARS 1000
OFFICE EQUIPMENT RENTAL
Total % Charged
Item Charge to CDBG Amount
1 0
2 0
3 0
TOTAL OFFICE EQUIPMENT RENTAL 0
Page 1 of 1
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/7/2003
DATE: Tuesday, October 07, 2003
LOG NAME: 02HISPANICCC REFERENCE NO.: **C-
SUBJECT: 19�9�'
Authorize the Execution of a Contract with the Fort Worth Hispanic Chamber of Commerce
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract in the amo
$82,710 with the Fort Worth Hispanic Chamber of Commerce.
DISCUSSION:
During the FY2003-2004 budget process, the City Council approved financial support for the Fort '
Hispanic Chamber of Commerce to continue providing financial assistance and outreach prograi
M/WBE and small businesses located in Fort Worth.
For the past 26 years, the Fort Worth Hispanic Chamber of Commerce (Chamber) has counse
multitude of individuals based on their business needs. The Chamber assists clients with topics such
planning, employee-related issues, marketing, and a number of other small business related issue
addition, the Chamber provides program services such as business planning assistance, certifi,
assistance, and business counseling. Also, clients requiring assistance with business plans receive
instructions on how to complete their particular plan.
In order for the Chamber to continue providing these services, it is recommended that a contre
executed between the City of Fort Worth and the Fort Worth Hispanic Chamber of Commerce for the I
of October 1, 2003, through September 30, 2004.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the FY2003-2004 operating budge
appropriated, of the General Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
0001 539120 0906200 $82,710_01
Submitted for City Manager's Office by__ Charles Boswell (8511)
Ori inatin�Department Head: Bridgette Garrett (8518)
Additional Information Contact: Clint Spruill (8510)
http://www.fortworthgov.org/counci I_packet/Reports/mc_print.asp 12/10/2003