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Home My WebLink AboutContract 35454STATE OF TEXAS § COUNTY OF TARRANT, § DENTON AND WISE `e:� � �`r' �-;� t``r B�`i��i�� C�f�J e�m=�r��i �O — KNOW ALL PERSONS BY THESE PRESENTS: PROFESSIONAL SERVICES CONTRACT This Agreement is made by the City of Fort Worth, Texas, a municipal corporation situated in Tarrant, Denton and Wise Counties, Texas, hereinafter called the "CITY", and Dwayne Jones, individually hereafter called the "CONSULTANT", both parties acting herein and by their duly authorized authorities. 1. SCOPE OF SERVICES. The CONSULTANT agrees to the following personal services: A. Researching the history of the American Airways Building located at Meacham Field (the "site") in Fort Worth, Texas; B. Writing the history of the site; C. Compfeting Section 7 of the National Register of Historic Places nomination form; D. Writing the architectural description of the site; E. Completing Section 8 of the National Register of Historic Places nomination form; F. Taking the required photographs of the site; G. Preparing maps of the site; H. Representing the nomination of the site before The State Board of Review; and I. Making any required revisions to the nomination following The State Board of Review hearing. This scope of services will hereafter be collectively referred to as the "Project" in this agreement. - � � .' I .. i!''1� �� l�i��t'J t�J ^'�1 ��i �'� S�',,l' j?;tt,'"t�) `�; J �,� c� :S 4 :�>. lr :lr. �. , : ^'��,U `��''' Q ;;;;: , . +� �Jl �f c ' ( , ; ,� l � . �� .' 3 � ' � 2. COMPENSATION. A. The maximum amount to be paid to the CONSULTANT for all services perFormed and expenses incurred hereunder shall not to exceed Four Thousand Seven Hundred Dollars ($4,700.00). B. The CONSULTANT's fee shall be paid in one lump sum amount upon full execution of this Agreement. 3. TERM. The term of this Agreement shall commence upon the date this agreement is executed by both parties and shall terminate in six (6) months unless both parties in writing extend time to complete the project. 4. TERMINATION. A. City may terminate this Agreement at any time for cause or for the convenience of the City by notice in writing to the CONSULTANT. Upon the receipt of such notice, CONSULTANT shall immediately discontinue all services and work. If the CITY terminates this Agreement for convenience pursuant to this Section, the CITY shall pay CONSULTANT for services actually and satisfactorily performed in accordance herewith prior to such termination, in accordance with a final statement submitted by the CONSULTANT documenting the perFormance of such work. B. Upon termination of this Agreement for any reason, the CONSULTANT shall provide the CITY with copies of all documents, photographic prints and negatives prepared under this Agreement. 5. OWNERSHIP OF DOCUMENTS CREATED UNDER THIS AGREEMENT. All designs, drawings, specifications, documents, reports and other work products of CONSULTANT, whether in hard copy or in electronic form, are instruments of service for this Project, whether the Project is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of 2 PERSONAL SERVICES CONTRACT Dwayne Jones ; ! (l�v, � 1i5�, J _. � <-, � J � �� ; � , ,,, „�? ��, �i ��,'��,,�'1;,�',;.,1;,. J �( � `! �1� I! ��;rI�IJ� 4L�'�J � i service without the written permission of the CONSULTANT will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications, reports and documents 6. INDEMNIFICATION. The CONSULTANT shall indemnify and hold the CITY and its officers, agents and employees harmless from any loss, damage liability or expense for damage to property and injuries, including death, to any person, including but not limited to officers, agents or employees of CONSULTANT or subconsultants, which may arise out of any negligent act, error or omission in the perFormance of this Agreement. The CONSULTANT shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents and employees, or any of them, resulting from such negligent act, error or omission; and shall pay all expenses and satisfy all judgments which may be incurred by or rendered against them or any of them in connection therewith resulting from such negligent act, error or omission. 7. INDEPENDENT CONTRACTOR. The CONSULTANT shall perform all work and services hereunder as an independent contractor and not as an officer, agent or employee of the City. The CONSULTANT shall have exclusive control of and the exclusive right to control, the details of the work perFormed hereunder and all persons perForming same and shall be solely responsible for the acts and omissions of his agents, employees and subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between the CITY and the CONSULTANT, its agents, employees and subcontractors; and the doctrine of respondeat superior shall have no application as between the CITY and the CONSULTANT. 8. RIGHT TO AUDIT. CONSULTANT agrees that the CITY shall, until the expiration of three (3) years after final payment under this contract for each fiscal year, have access to and the right 3 PERSONAL SERVICES CONTRACT Dwayne Jones to examine at reasonable times any directly pertinent books, documents, papers and records of the CONSULTANT involving transactions relating to this Contract. CONSULTANT agrees that the CITY shall have access during normal working hours to all necessary CONSULTANT 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 CONSULTANT reasonable advance notice of intended audits. 9. PROHIBITION OF ASSIGNMENT. Neither party hereto shall assign, sublet or transfer their interest herein without the prior written consent of the other party, and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall be void. 10. NON-DISCRIMINATION. As a condition of this Agreement, CONSULTANT covenants that it will take all necessary actions to insure that, in connection with any work under this Agreement, CONSULTANT, its associates and subconsultants, will not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex or physical handicap unrelated to job perFormance, either directly, indirectly or through contractual or other arrangements. 11. CHOICE OF LAW; VENUE. A. The Agreement shall be construed in accordance with the internal law of the State of Texas. B. Should any action, whether real or asserted, at law or in equity, arise out of the terms of this Agreement, exclusive venue for said action shall be in Tarrant County, Texas. 12. SEVERABILITY. PERSONAL SERVICES CONTRACT Dwayne Jones 0 � � uJ1��'1!.5 1�5� ; � , �. V �,, U � ��y� ' ` �2��'��r �� '' � \:i J � u� ; :i '�'L �' 11.:1., d J �: ^r!.�.�'�.�i�`'.��1 I ��`:` � � � � e_....:'_ _ , The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. 13. NOTICES. All written notices called for or required by this Agreement shall be addressed to the following, or such other party or address as either party designates in writing, by certified mail, postage prepaid, or by hand delivery: Dale Fisseler Dwayne Jones Assistant City Manager Consultant City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 (817) 392-6266 5 PERSONAL SERVICES CONTRACT Dwayne Jones EXECUTED on this, the ��, 1 day of , 2007. ATTEST: . �, �', Cit Secretary ,� ��_� v.u-, _ ��: �--- � Ei �� t�: �e�^a��J�1t�1I� ��,_� _ _-,, _� -,��.�_ APPROVED AS TO FORM AND LEGALITY: P ^ � �I;�� ' `.�, �� r��r Assistant City Attorney PERSONAL SERVICES CONTRACT Dwayne Jones CITY OF FO T WORTH: sy: Dale Fisseler Assistant City Manager CONSULTANT: Dwayn Jone , Individually