The URL can be used to link to this page

Ordinance No. 16,061 ORDINANCE NO. 16,061 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS. AUTHORIZING A CONSULTING SERVICES AGREEMENT WITH COOLXDAD, INC. TO ENACT THE CITY OF BAYTOWN'S COMMUNITY ACTION PLAN AS PART OF THE BAYTOWN FATHERHOOD INITIATIVE IN CONNECTION WITH THE STATE OF TEXAS' OPIOID LITIGATION; AUTHORIZING PAYMENT SOLELY FROM DISBURSEMENTS, IF ANY, THE CITY RECEIVES IN CONNECTION WITH THE STATE OF TEXAS' OPIOID LITIGATION, IN AN AMOUNT NOT TO EXCEED SEVENTY THOUSAND AND NOI100 DOLLARS ($70,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ************************************************************************************* BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the City Manager to execute and the City Clerk to attest to a Consulting Services Agreement with CoolxDad, Inc. to enact the City of Baytown's Community Action Plan as part of the Baytown Fatherhood Initiative in connection with the State of Texas' Opioid Litigation. A copy of said agreement is attached hereto as Exhibit"A" and incorporated herein for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes payment to CoolxDad, Inc. in an amount not to exceed SEVENTY THOUSAND AND NO 100 DOLLARS ($70,000.00), for professional services in accordance with the agreement authorized in Section 1 above. Section 3: That the City Council of the City of Baytown authorizes the payment referenced in Section 2 above if, and only if, the City receives disbursements in connection with the State of Texas' opioid litigation. Section 4: That the City Manager is hereby granted general authority to approve a decrease or an increase in costs by FIFTY THOUSAND AND NO 100 DOLLARS ($50,000.00) or less. Section 5: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative ote of t40, Council of the City of Baytown this the 13"day of February, 2025. C RLES JO a or o B ANGELA KS -kity •OOooeoe•°°!. VED S TO - of ( S OTT LE ND, City Attorney RAOrdinances and Resolutions Ordinance DraRs\.2025-02-13\PSA with CoolxDads Baytown Fatherhood Initiative-SL conunents.kh.docx AGREEMENT FOR CONSULTING SERVICES STATE OF TEXAS § COUNTY OF HARRIS § This Agreement (this "Agreement") is entered into by and between CoolxDad, Inc. (hereinafter "Consultant") and the City of Baytown, a home-rule municipality located in Harris and Chambers Counties, Texas (the "City"). 1. Scope of Services/Consultant Fees a. This Agreement authorizes Consultant to enact the City's Community Action Plan as part of the Baytown Fatherhood Initiative (the "Work") for and on behalf of the City as specified in the Scope of Work attached as Exhibit "A." b. This Agreement shall commence on the date of execution by the City Manager and (if not terminated in accordance with paragraph 10) shall terminate: ❑ upon completion of the Work in accordance with this Agreement, including Exhibits; ® One (1) year following execution by the City Manager, allowing for up to four (4) additional renewals of up to one (1) year each; ❑ the earlier of (a) completion of the Work in accordance with this Agreement, including Exhibits; (b) number of months days (spelled out) (number of months days [numerical]) months:days following execution by the City Manager, allowing for up to number of renewals (spelled out) annual renewals. C. The scope of the Work, Budget, and time schedules for the Work are detailed in Exhibit "A" which is incorporated into this Agreement by reference for all purposes. 2. Compensation and Professional Fees a. Consultant understands and agrees that its primary source of revenue for its compensation and professional fees shall be its own ability to fund raise in accordance with paragraphs 5.3.1-.2 of Exhibit A. b. Notwithstanding paragraph 2.a of this Agreement,the City has identified a potential source of revenue to pay all, or a potion, of Consultant's compensation and professional fees (the "Funds") based on the terms of the Texas Opioid Abatement Fund Council and Settlement Allocation Term Sheet ("Term Sheet"). Consultant understands and agrees that the City has no obligation to pay Consultant any compensation or professional fees. Rather, any and all payments to Consultant for compensation and professional fees shall be wholly contingent upon the City _Agreement for Consulting Services,Page I receiving disbursements in connection with the State of Texas' litigation against opioid drug manufacturers, distributors, and others (the "Opioid Litigation"), and shall be made in accordance with the terms of the Term Sheet and any laws, rules, regulations,and or judicial or administrative orders related to the Opioid Litigation. If the City does not receive disbursements in connection with the Opioid Litigation, the City shall have no obligation to pay or reimburse Consultant. C. Should the City receive any Funds related to the Opioid Litigation and or Term Sheet, Consultant may seek reimbursement for the Work in accordance with Exhibit A in an amount not to exceed SEVENTY-THOUSAND DOLLARS ($70,000.00) by submitting an itemized invoice to the City. d. Consultant shall not exceed the fixed contractual amount without written authorization in the form of a Contract amendment. e. Reimbursable Expenses are itemized by work category. Reimbursable Expenses shall be invoiced AT COST, without subsequent markup by Consultant. All invoices containing a request for Reimbursable Expenses shall include copies of the expense receipts itemized per allowable category. In addition to the activities, programs, and deliverables described in paragraphs 3, 5-7 of Exhibit A, allowable reimbursable Expenses include: i. llard copy reproductions, copies, and or binding costs; ii. Postage; iii. Mileage,for travel from Consultant's office to meetings at the City or jobsite only if Consultant does not have a local office within a fifty(50)mile radius of Baytown. Mileage shall be charged at the current IRS rates; iv. Travel Expenses, mileage from local office to state or federal regulatory agency office beyond 100 miles; and V. Lodging expenses for destinations beyond 100 miles from Consultant's local office AND when business hours exceed eight hours within one business day OR when Consultant's services require more than one eight- hour day at the destination; provided such expenses has been approved in writing by the City. f. Disallowed Expenses If Consultant has an office in Harris or Chambers Counties, Texas, Disallowed Expenses shall include travel expenses for professionals traveling into Harris or Chambers Counties from Consultant's offices outside of Harris or Chambers Counties. g. Consultant shall invoice based upon total services actually completed. Invoices and all required or requested backup information shall be tendered no more often than once a month. Consultant shall not invoice the City for services or expenses that were incurred more than ninety(90)days before the date of the invoice. Failure to timely invoice the City for services or expenses shall result in Consultant's invoice being denied. Agreement for Professional Services,Page 2 revised 6.12.24 h. In the event of a disputed or contested invoice, the City may withhold from payment that portion so disputed or contested, and the undisputed portion will be paid. 3. Personnel of Consultant a. Consultant's Project Manager Consultant shall designate Kevin Barnett,to serve as Project Manager for the Work performed under this Agreement. Any change of Project Manager shall require thirty(30) days advance written approval from the City's Representative. b. Data on Consultant's Employees Prior to commencement of the Work, Consultant shall forward to the City a detailed resume of the personnel that will be assigned to the Work. C. Rejection of Consultant's Employees The City reserves the right to approve or reject from the Work any employees of Consultant. 4. Designation and Duties of the City's Representative a. The Director of Public Affairs or his her designee shall act as the City's Representative. b. The City's Representative shall use his best efforts to provide nonconfidential City records for Consultant's use. However, the City does not guarantee the accuracy or correctness of the documents so provided. Notwithstanding the foregoing, Consultant shall be entitled to use and rely upon information provided by the City in performing the services required under this Agreement only to the extent and level specified by the City in writing for each document provided. Nothing contained herein shall be construed to require the City to provide such records in any certain format. The format in which the existing data and documentation will be provided shall be at the sole discretion of the City. 5. Standards of Performance a. Consultant shall perform all services under this Agreement with the care and skill ordinarily used by members of Consultant's profession practicing under the same or similar circumstances,time and locality. Opinion of probable cost shall be based upon the Consultant's experience and represent its best judgment as an experienced and qualified professional. Each submittal of opinion of probable cost shall be commensurate with the project design. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and the City shall not be responsible for discovering deficiencies therein. Consultant.shall correct such deficiencies without additional compensation. Agreement for Professional Services,Page 3 revised 6.12.24 b. Codes and Standards i. All references to codes, standards, environmental regulations and or material specifications shall be to the latest revision, including all effective supplements or addenda thereto, as of the date that the requestor for Work is made by the City. ii. The Work shall be designed and furnished in accordance with the most current codes and or standards adopted by city, state, or federal government or in general custom and usage by the profession and shall comply with Texas Department of Licensing and Regulation's rules and regulations. iii. The codes and standards used in the profession set forth minimum requirements. These may be exceeded by the Consultant if superior methods are available for successful completion of the Work. Any alternative codes or regulations used shall have requirements that are equivalent or better than those in the above-listed codes and regulations. Consultant shall state the alternative codes and regulations used. iv. Consultant agrees the services it provides as an experienced and qualified non-profit service entity will reflect the professional standards, procedures and performances common in the industry for this project. Consultant further agrees that any analysis, reports, preparation of drawings, the designation or selection of materials and equipment, the selection and supervision of personnel and the performance of other services under this contract will be pursuant to the standard of performance common in the profession. V. Consultant shall promptly correct any defective analysis caused by Consultant at no cost to City. The City's approval, acceptance, use of or payment for all or any part of Consultant's services hereunder or of the Work itself shall in no way alter Consultant's obligations or the City's rights under this Agreement. As applicable, Consultant shall provide the City with record "as-built" drawings relating to the Work in an electronic format that is acceptable to the City. City shall be in receipt of record drawings, if applicable, prior to final payment. 6. Schedule Consultant shall not proceed with the Work or any stage thereof until written notice to proceed is provided by the City's Representative. 7. Insurance Consultant shall procure and maintain at its sole cost and expense for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Consultant, its agents, representatives, volunteers, employees or subconsultants. Agreement for Professional Services,Page 4 revised 6.12.24 a. Consultant's insurance coverage shall be primary insurance with respect to the City, its officials, employees and agents. Any insurance or self-insurance maintained by the City, its officials, employees or agents shall be considered in excess of Consultant's insurance and shall not contribute to it. Further, Consultant shall include all subconsultants,agents and assigns as additional insureds under its policy or shall furnish separate certificates and endorsements for each such person or entity. All coverages for subconsultants and assigns shall be subject to all of the requirements stated herein. The following is a list of standard insurance policies along with their respective minimum coverage amounts required in this Agreement: i. Commercial General Liability ■ General Aggregate: $2,000,000 ■ Products & Completed Operations Aggregate: $2,000,000 ■ Personal & Advertising Injury: $1,000,000 ■ Per Occurrence: $1,000,000 IN Fire Damage $500,000 ■ Waiver of Subrogation required ■ Coverage shall be broad form ■ No coverage shall be deleted from standard policy without notification of individual exclusions being attached for review and acceptance. ii. Business Automobile Policy ■ Combined Single Limits: $1,000,000 ■ Coverage for "Any Auto" ■ Waiver of Subrogation required. iii. Errors and Omissions ■ Limit: $1,000,000 for this project ■ Claims-made form is acceptable ■ Coverage will be in force for one (1) year after completion of the Project. ■ Waiver of Subrogation required. iv. Workers' Compensation ■ Statutory Limits ■ Employer's Liability$500,000 ■ Waiver of Subrogation required. b. The following shall be applicable to all policies of insurance required herein. i. Insurance carrier for all liability policies must have an A.M. Best Rating of A:VIII or better. Agreement for Professional Services,Page 5 revised 6.12.24 ii. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. iii. Liability policies must be on occurrence form. Errors and Omissions can be on claims-made form. iv. Each insurance policy shall be endorsed to state that coverage shall not be suspended,voided, canceled or reduced in coverage or in limits except after thirty (30) days prior written notice by mail, return receipt requested, has been given to the City. V. The City, its officers, agents and employees are to be added as Additional Insureds to all liability policies, with the exception of the Workers' Compensation and Errors and Omissions Policies required herein. vi. Upon request and without cost to the City, certified copies of all insurance policies and or certificates of insurance shall be furnished to the City. vii. Upon request and without cost to the City, loss runs (claims listing) of any and.or all insurance coverages shall be furnished to the City. viii. All insurance required herein shall be secured and maintained in a company or companies satisfactory to the City, and shall be carried in the name of Consultant. Consultant shall provide copies of insurance policies and endorsements required hereunder to the City on or before the effective date of this Agreement. 8. Indemnification and Release CONSULTANT AGREES TO AND SHALL INDEMNIFY AND HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES (HEREINAFTER REFERRED TO AS THE "CITY") FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY TO OR DEATH OF ANY PERSON, FOR DAMAGE TO ANY PROPERTY OR FOR ANY BREACH OF CONTRACT TO THE EXTENT ARISING OUT OF OR IN CONNECTION WITH AN ACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER COMMITTED BY THE PROFESSIONAL OR THE CONSULTANT'S AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH THE CONSULTANT EXERCISES CONTROL (COLLECTIVELY, CONSULTANT'S A-greement for Professional Services, Page 6 revised 6.12.24 PARTIES). IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO, BOTH CONSULTANT AND THE CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY CONSULTANT TO INDEMNIFY AND PROTECT THE CITY FROM THE CONSEQUENCES OF CONSULTANT'S PARTIES' OWN WILLFUL MISCONDUCT, JOINT OR SOLE NEGLIGENCE AS WELL AS THE CONSULTANT'S PARTIES' INTENTIONAL TORTS, INTELLECTUAL PROPERTY INFRINGEMENTS, AND FAILURES TO MAKE PAYMENTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. SUCH INDEMNITY SHALL NOT APPLY, HOWEVER, TO LIABILITY ARISING FROM THE PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OF PERSONS THAT IS CAUSED BY OR RESULTS FROM THE NEGLIGENCE OF ANY PERSON OTHER THAN THE CONSULTANT'S PARTIES. IN THE EVENT THAT ANY ACTION OR PROCEEDING IS BROUGHT AGAINST THE CITY FROM WHICH THE CITY IS INDEMNIFIED, CONSULTANT FURTHER AGREES AND COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO THE CITY. THE INDEMNITY PROVIDED HEREINABOVE SHALL SURVIVE THE TERMINATION AND/OR EXPIRATION OF THIS AGREEMENT. By this Agreement, the City does not consent to litigation or suit, and the City hereby expressly revokes any consent to litigation that it may have granted by the terms of this Contract or any other contract or agreement, any charter, or applicable state law. Nothing herein shall be construed so as to limit or waive the City's sovereign immunity. Consultant assumes full responsibility for its services performed hereunder and hereby releases, relinquishes and discharges the City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether they be either of the parties hereto, their employees, or other third parties)and any loss of or damage to property(whether the property be that of either of the parties hereto, their employees, or other third parties) that is caused by or alleged to be caused by, arising out of, or in connection with Consultant's services to be performed hereunder. This release shall apply with respect to Consultant's services regardless of whether said claims,demands,and causes of action are covered in whole or in part by insurance. 9. Subcontractors and Subconsultants Consultant shall receive written approval of the City's Representative prior to the use of any subcontractors or subconsultants. A copy of all proposed contracts with subconsultants and/or subcontractors shall be given to the City before execution of such contracts. This Paragraph shall Agreement for Professional Services,Page 7 revised 6.12.24 not apply to fundraising partners, contributors, or donors, identified or acquired, to comply with Paragraph 2.a and:or paragraphs 5.3.1-.2 of Exhibit A. 10. Termination of Consultant The City, besides all other rights or remedies it may have, shall have the right to terminate this Agreement without cause upon written notice from the City Manager to Consultant of the City's election to do so. Furthermore, the City may immediately and without notice terminate this Agreement if Consultant breaches this Agreement. A breach of this Agreement shall include, but not be limited to, the following: (a) failing to pay insurance premiums, liens, claims or other charges; (b) failing to pay any payments due the city, state, or federal government from Consultant or its principals, including, but not limited to, any taxes, fees, assessments, liens, or any payments identified in this Agreement; (c) the institution of voluntary or involuntary bankruptcy proceeding against Consultant; (d) the dissolution of Consultant; (e) refusing or failing to prosecute the Work or any separable part with the diligence that will ensure its completion within the time specified in this Agreement; (f) failing to complete Work within the time period specified in this Agreement; and.or (g) the violation of any provision of this Agreement. Upon delivery of any notice of termination required herein, Consultant shall discontinue all services in connection with the performance of the Agreement. Within ten (10) days after receipt of the notice of termination,Consultant shall submit a final statement showing in detail the services satisfactorily performed and accepted and all other appropriate documentation required herein for payment of services. At the same time that the final statement is tendered to the City, Consultant shall also tender to the City's Representative all of Consultant's instruments of service, including all drawings, special provisions, field survey notes, reports, estimates, and any and all other documents or work product generated by Consultant under this Agreement, whether complete or not, in an acceptable form and format together with all unused materials supplied by the City. No final payment will be made until all such instruments of service and materials supplied are so tendered. If this Agreement is terminated for cause, Consultant shall be liable for any damage to the City resulting therefrom. This liability includes any increased costs incurred by the City in completing Consultant's services. The rights and remedies of the City in this section are in addition to any other rights and remedies provided by law or under this Agreement. 11. Records Within ten (10) days of the City's request and at no cost to the City, the City will be entitled to review and receive a copy of all documents that indicate work on the Project that is subject to this Agreement. Except for proprietary data, which we are enjoined from sharing. 12. Supervision of Consultant Consultant is an independent contractor, and the City neither reserves nor possesses any right to control the details of the Work performed by Consultant under the terms of this Agreement. Agreement for Professional Services,Page 8 revised 6.12.24 13. Billing The City shall have thirty (30) days to pay Consultant's invoices from the date of receipt of such invoices and necessary backup information. All invoices must identify with specificity the work or services performed and the date(s) of such work or services. In the event of a disputed or contested invoice, the parties understand and agree that the City may withhold the portion so contested, but the undisputed portion will be paid. Consultant shall invoice the City for work performed no more than once a month and may not invoice the City for work not performed. Invoices shall be received by the City no later than ninety (90) calendar days from the date Consultant and/or its subconsultants perform the services or incur the expense. Failure by Consultant to comply with this requirement shall result in Consultant's invoice being denied and the City being relieved from any liability for payment of the late invoice. The City shall pay Consultant the maximum rate permitted by Chapter 2251 of the Texas Government Code on any past due payment not received within thirty(30) days after the payment due date. In accordance with § 2251.043, in a formal administrative or judicial action to collect an invoice payment or interest due under this chapter, the opposing party, which may be the City or Consultant, shall pay the reasonable attorney fees of the prevailing party. 14. Indebtedness If Consultant, at any time during the term of this Agreement, incurs a debt, as the word is defined in section 2-662 of the Code of Ordinances of the City of Baytown, it shall immediately notify the City's Director of Finance in writing. If the City's Director of Finance becomes aware that Consultant has incurred a debt, the City's Director of Finance shall immediately notify Consultant in writing. If Consultant does not pay the debt within thirty (30) days of either such notification, the City's Director of Finance may deduct funds in an amount equal to the debt from any payments owed to Consultant under this Agreement, and Consultant waives any recourse therefor. 15. Verifications If Consultant has ten(10) or more full-time employees and Consultant's total compensation under this Agreement has a value of One-Hundred Thousand Dollars ($100,000.00)or more, Consultant makes the following verifications in accordance with Chapters 2271 and 2274 of the Texas Government Code: a. the Consultant does not boycott Israel and will not boycott Israel during the term of the contract to be entered into with the City of Baytown; b. the Consultant does not boycott energy companies and will not boycott energy companies during the term of the contract to be entered into with the City of Baytown; and C. the Consultant does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of the contract against a firearm entity or firearm trade association. Agreement for Professional Services,Page 9 revised 6.12.24 16. Governing Law This Agreement has been made under and shall be governed by the laws of the State of Texas. The parties further agree that performance and all matters related thereto shall be in Harris County, Texas. 17. Notices Unless otherwise provided in this Agreement, any notice provided for or permitted to be given must be in writing and delivered in person or by depositing same in the United States mail,postpaid and registered or certified, and addressed to the party to be notified, with return receipt requested, or by delivering the same to an officer of such party. Notice deposited in the mail as described above shall be conclusively deemed to be effective, unless otherwise stated in this Agreement, from and after the expiration of three (3) days after it is so deposited. For the purpose of notice, the addresses of the parties shall be as follows unless properly changed as provided for herein below: For the City: CITY OF BAYTOWN Attn: City Manager P. O. Box 424 Baytown, Texas 77522-0424 For Consultant: COOLxDAD, INC. 2368A RICE BLVD. SUITE 109 HOUSTON, TX 77005 Attn: Kevin Barnett Each party shall have the right from time to time at any time to change its respective address and each shall have the right to specify a new address, provided that at least fifteen (15) days written notice is given of such new address to the other party. 21. No Third-Party Beneficiary This Agreement shall not bestow any rights upon any third party, but rather, shall bind and benefit Consultant and the City only. No person or entity not a signatory to this Agreement shall be entitled to rely on Professional's performance of its services hereunder, and no right to assert a claim against Professional by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of Professional's services hereunder. 22. No Right to Arbitration Notwithstanding anything to the contrary contained in this Agreement, the City and Consultant hereby agree that no claim or dispute between the City and Consultant arising out of or relating to this Agreement shall be decided by any arbitration proceeding, including, without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1-14), or any applicable State arbitration statute, including, but not limited to, the Texas General Arbitration Act, provided that in the event that the City is subjected to an arbitration proceeding notwithstanding this provision, Consultant consents to be joined in the arbitration proceeding if Consultant's presence is required or requested by the City of complete relief to be recorded in the arbitration proceeding. A reement for Professional Services,Page 10 revised 6.12.24 23. Waiver No waiver by either party to this Agreement of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. 24. Complete Agreement This Agreement represents the entire and integrated agreement between the City and Consultant in regard to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either whether written or oral,on the subject matter hereof. This Agreement may only be amended by written instrument approved and executed by both of the parties. The City and Consultant accept and agree to these terms. 25. No Assignment Consultant may not sell or assign all or part interest in this Agreement to another party or parties without the prior express written approval of the City Manager of such sale or assignment. The City may require any records or financial statements necessary in its opinion to ensure such sale or assignment will be in the best interest of the City. 26. Headings The headings used in this Agreement are for general reference only and do not have special significance. 27. Severability All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. 28. Ambiguities In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. 29. Authority The officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he/she represents. Agreement for Professional Services,Page 11 revised 6.12.24 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies, each of which shall be deemed to be an original, but all of which shall constitute but one and the same Agreement on the _ day of , 20_, the date of execution by the City Manager of the City of Baytown. CITY OF BAYTOWN JASON REYNOLDS, City Manager ATTEST: ANGELA JACKSON, City Clerk APPROVED AS TO FORM: SCOTT LEMOND, City Attorney CONSULTANT: 1 Add Consultant's Legal Name] (Signature) (Printed Name) (Title) Agreement for Professional Services,Page 12 revised 6.12.24 STATE OF TEXAS § COUNTY OF HARRIS § Before me on this day personally appeared Kevin Barnett, in his her capacity as Founder/Director, on behalf of such CoolxDad, Inc., ❑ known to me; ❑ proved to me on the oath of ; or ❑ proved to me through his/her current {description of identification card or other document issued by the federal government or any state government that contains the photograph and signature of the acknowledging person) (check one) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he she executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN before me this day of , 20_ Notary Public in and for the State of Texas R:1ScotnContracts\PSA-Cool x Dad.docx Agreement for Professional Services, Page 13 revised 6.12.24 EXHIBIT "A" City of Baytown,CoolxDad WORK PROGRAM 2025 1. Introduction and Purpose 1.1. CoolxDad's mission is to empower and support fathers striving to build a better world for their children. CoolxDad's approach is unique in that it uplifts and supports fatherhood and is community-driven rather than prescribed. 1.2. The purpose of this work program is to capture the specific CoolxDad activities and initiatives that will be deployed in Baytown. This work program includes the Community Action Plan,as created by the Baytown Fatherhood Initiative advisory committee. When the National Fatherhood Initiative(NFI)was hired by the City of Baytown to research father-focused programs and services in Baytown and create a Baytown-specific plan, it facilitated the creation of the Community Action Plan. This plan identifies objectives and activities— specific to 11 industry sectors—aimed at aiding the launch and maintenance of the Baytown Fatherhood Initiative,from an administrative perspective. Together with the Community Action Plan,this work program lays out the basic framework for a partnership between the City of Baytown and CoolxDad, including the roles and responsibilities,financial resources,and key performance indicators. 2. Key Objectives and Goals 2.1. CoolxDad Baytown's measurable goals 2.1.1. Host a public event to introduce CoolxDad and the Baytown community/launch the partnership (Spring 2025) 2.1.2. Host 4 Knights Table meetings to clarify goals, facilitate partnerships, and build momentum 2.1.3. Host 1 event per quarter post-launch (i.e. Sunday Suppers, Cool Tips, etc.) 2.1.4. Secure 5-10 local funding partners across sectors to sustain and grow CoolxDad programs in Baytown 2.1.5. Identify and secure a space in Baytown for office/programming 2.1.6. Create an assessment and potential launch plan for Young Knights Hospitality or other programs 2.2. Community Action Plan Objectives 2.2.1.Identify diverse business leaders and types of businesses to engage fathers 2.2.2.Work with civic organizations to incorporate a father-friendly aspect or official "father-friendly endorsement"to their events and outreach activities 2.2.3.Create a network of people who connect and activate participation in CoolxDad activities 2.2.4.Give programs and organizations access to educational facilities(e.g.athletic, meeting rooms, auditoriums,etc.) 2.2.5.Identify existing programs and services at Goose Creek CISD and Lee College that can be expanded to serve fathers 2.2.6.Inform and engage faith-based leaders to commit to the Baytown Fatherhood Initiative 2.2.7.Create opportunities for the municipal court to connect offenders to the Baytown Fatherhood Initiative 2.2.8.Identify what the hospitals offer that could include a responsible fatherhood component, including partnership with the Baytown Fatherhood Initiative,especially at the time of birth 2.2.9.Create a public safety resource guide for fathers 2.2.10. Improve data sharing between public safety and the Baytown Fatherhood Initiative 2.2.11. Create a media campaign around responsible fatherhood (e.g. PSAs, branding,articles,social media,documentaries) 2.2.12. Determine who makes up the Baytown philanthropic community 2.2.13. Integrate and coordinate non-profit,social service organizations to align with the Baytown Fatherhood Initiative 2.3. Long-term objectives and specific targets for the year 2.3.1.Make CoolxDad a household name in Baytown 2.3.2.Create sustainable funding channels 2.3.3.Reduce drug and opioid usage in Baytown,especially among young people 2.3.4.Reduce crime in Baytown,especially among young people 3. Planned Activities and Initiatives 3.1. Programs and Projects(Regular,ongoing): 3.1.1.CoolxTips:CoolxTips is an initiative aimed at connecting fathers with advice and quick tips on matters ranging from domestic to culinary to business,no matter where they live.As a peer learning and support initiative, participants are invited to meet-up in-person or virtually and given opportunities to connect,learn,and support each other. 3.1.2.Sunday Suppers: Dads learn not just how to put food on the table,but how to make it taste good, too.These dinners also provide fellowship opportunities for fathers from all walks of life,as we sit down to enjoy the meal we've made together. Dads take home recipes and ingredients to prepare the meal again for their families. 3.1.3.Knights Table:A meeting of the minds at this quarterly gathering of key stakeholders and ambassadors from each of the 11 industry sectors. 3.1.4.Real Time Brunch:Annual fundraiser and awards ceremony honoring local Dads who serve as leaders, mentors,and examples in their community. 3.2. Programs and Projects(Consider): 3.2.1.Dollars and Sense: Dads want confidence and knowledge when it comes to their household finances and businesses.The goal of the series is to teach fathers the skill sets and knowledge necessary to make informed and effective decisions with all of their financial resources, helping them to be better providers for their families in the short and long term.The series includes both in-person and online workshops, lectures,discussions to maximize accessibility. 3.2.2.Young Knights Hospitality Program:An innovative,rolling 4-week hospitality training program that equips opportunity youth ages 16-24 with essential culinary and hospitality skills.This program offers quarterly to bridge gaps in economic mobility,foster self-reliance,and create pathways for intergenerational growth and success.The program's holistic approach ensures that participants gain technical skills and develop the confidence and support systems needed to thrive in their personal and professional lives. 3.3. Timelines: 3.3.1.Ramp up:develop and adapt Baytown-specific CoolxDad activities(Spring 2025) 3.3.2.Add programming(Summer, Fall 2025) 3.3.3.Measure success,report, and retool(Winter 2025/2026) 3.4. Deliverables: 3.4.1.Community Action Plan: Baytown Fatherhood Initiative advisory committee and CoolxDad reports on progress toward objectives and activities(Ongoing,as outlined in Plan) 3.4.2.CoolxDad Baytown-specific activities and initiatives:Annual Report of Success and Challenges (Winter 2025/2026) 4. Roles and Responsibilities 4.1. On behalf of CoolxDad: Executive Director Kevin Barnett will act as the primary liaison to the Advisory Committee and the Fatherhood Initiative.A CoolxDad staff member may be hired to develop and manage CoolxDad events and programs in Baytown.As the facilitator of the program,CoolxDad will enroll and track program participants and program outcomes, build local partnerships, and establish community events and facilitate mentorship and peer learning opportunities. 4.2. On behalf of the City of Baytown:The Baytown Fatherhood Initiative Advisory Committee will manage and facilitate the objectives and activities in the Community Action Plan. The Baytown Director of Public Affairs will manage the agreement with CooIXDad. S. Budget and Resource Allocation 5.1. Estimated financial resources needed for start up: $70,000 5.1.1. Meeting,event,and program costs: $25,000 5.1.2. Print Materials: $ 5,000 5.1.3. CoolxDad staff(allocated to Baytown): $25,000 5.1.4. Fundraising and admin $ 7,500 5.1.5. Marketing and communications $ 5,000 5.1.6. Mileage $ 2,500 5.2. Other resources required for success and/or expansion 5.2.1. In-kind resources 5.2.1.1. Meeting space 5.2.1.2. Event space 5.2.1.3. Part time office space 5.2.2.Additional fundraising support 5.2.2.1. Add capacity to add more Baytown events and establish new Baytown programs. 5.2.2.2. Hire part-time local program staff member. 5.3. Funding sources. The City of Baytown has identified revenue earmarked for the opioid settlement,and has therefore agreed to redirect this revenue to CoolxDad and the expenses related to performing activities outlined in this agreement. 5.3.1.Local partners.Several local industry partners have already signaled interest in allocating funds for CoolxDad Baytown activities,though formal solicitation and agreement must be secured annually. 5.3.2.Other partners.CoolxDad has secured a major funding partner beginning March 1,2025,giving the organization the resources to initiate the partnership/project while securing additional funding partners. 6. Performance Metrics 6.1. Key Performance Indicators(KPIs)to measure progress and success. 6.1.1.Several KPIs are outlined in each of the objectives found in the Community Action Plan 6.1.2. Public launch event held in Spring 2025(#attendees,#local partners/co-sponsors) 6.1.3. Knights Table KPIs 6.1.3.1. #meetings held(goal:4) 6.1.3.2. #stakeholders&constituents represented(benchmark) 6.1.3.3. Deliverables produced(i.e. assessment of program expansion or adding programs) 6.1.4. Cool Tips KPIs 6.1.4.1. #held (goal:2) 6.1.4.2. #attended (benchmark) 6.1.4.3. Assessment(participant surveys) 6.1.5. Sunday Suppers KPIs 6.1.5.1. #held (goal:2) 6.1.5.2. #attended (benchmark) 6.1.5.3. Assessment(participant surveys) 6.1.6. Real Time Brunch KPIs 6.1.6.1. #Event sponsors 6.1.6.2. #attendees 6.1.6.3. Funds raised 6.2. Monitoring and evaluation methods for tracking outcomes. 6.2.1. Outcomes and outputs will be tracked by CoolxDad and reported to Knight's Table 6.2.2. Knight's Table will monitor progress and make recommendations for future actions 7. Communication Plan 7.1. Strategies for engaging stakeholders 7.1.1. Recruit members to the Baytown Knights Table from the 11 sectors 7.1.1.1. With Knights Table members, identify and meet with local businesses, schools, faith-based organizations, and civic groups to share information about CoolxDad 7.1.2. Give presentations at local Chamber of Commerce and other civic clubs/groups as identified by Knights Table members and network 7.1.3. Develop tailored sponsorship packets showcasing how local corporations and businesses can support the initiative 7.1.4. Publicly acknowledge sponsors and donors via social media, newsletters, and event materials 7.2. Outreach methods 7.2.1. Digital & Social Media Campaigns 7.2.1.1. Share personal fatherhood stories, program highlights, and testimonials through platforms like Facebook and Instagram 7.2.1.2. Create a unique hashtag (e.g., #CoolxDadBaytown)to drive engagement and visibility. 7.2.1.3. Create a CoolxDad Baytown web page with updates and program information. 7.2.2. Traditional Media & Public Relations 7.2.2.1. Distribute press releases to local newspapers, radio stations, and TV networks about major events (e.g., program launches, partnership announcements). 7.2.2.2. Develop short video and radio PSAs to highlight responsible fatherhood and program benefits. 7.2.2.3. Publish op-eds or feature stories on the impact of CoolxDad in Baytown. 7.2.3. Direct Community Engagement 7.2.3.1. : Distribute flyers, posters, and brochures materials in high-traffic community areas 7.2.3.3. Set up informational booths at 1-2 Baytown community festivals, fairs, and civic events.