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HomeMy WebLinkAboutContract 30017 b- H- U4 CITY SECRETARY CONTRACT NO. STATE OF TEXAS § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF TARRANT § PROFESSIONAL SERVICES CONTRACT This contract is made by the City of Fort Worth, Texas, a home rule municipal corporation situated in Tarrant, Denton and Wise Counties, Texas, hereinafter called "City", and Carla Vogel, individually, hereafter called "Consultant". 1. SCOPE OF SERVICES Consultant agrees to provide the following personal services: a) Investigate charges and process employment discrimination cases submitted to the Fort Worth Community Relations Department and or the Fort Worth Human Relations Commission in accordance with Federal, state and local laws, and the Code of the City of the Fort Worth. b) Prepare a written summary of facts obtained during each investigation, and make a recommendation to the Fort Worth Human Relations Commission for a determination of reasonable cause or no reasonable cause in response to discrimination allegations; c) Provide training services for the City's Community Relations Department on employment discrimination issues, as identified by the Director of the Community Relations Department. 2. COMPENSATION a) The maximum amount to be paid to Consultant for all services rendered and all expenses incurred hereunder shall not exceed Twenty Thousand Dollars ($20,000) payable at the rate of Five Hundred Dollars ($500.00) per each completed case. Full completion of each case shall be determined by the Director of the Community Relations Department. b) Fees will be billed monthly, with payment being due within thirty (30) days from the date the invoice is received. Nltv � �r� � , 3. TERM The term of this Agreement shall be for one year, beginning on the date this Agreement is fully executed by both parties. 4. TERMINATION a) City may terminate this Agreement for any reason, at any time, with or without cause, or for the convenience of the City by thirty (30) days' notice in writing to Consultant. Upon the receipt of such notice, Consultant shall immediately discontinue all services, work, and investigative activities in connection with the performance of this Agreement and shall proceed to promptly complete all existing investigations as they are chargeable to this Agreement. 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 Consultant documenting the performance of such work. Consultant shall not be entitled to lost or anticipated profits should City choose to exercise its option to terminate. \ b) Upon termination of this Agreement for any reason, Consultant shall provide the City with copies of all written summaries and investigative reports prepared under this Agreement. 5 CONFIDENTIAL INFORMATION Consultant understands and acknowledges that upon receipt of each complaint file, and throughout each investigation, Consultant will be provided with information that is made confidential by law, rule, statute, ordinance or legal order. Consultant shall not disclose any information deemed confidential to any party who is not privy to or who does not have a special right of access to said information. Consultant agrees to use confidential information for investigative purposes only as determined by the Director of the Department of Community Relations or for any matter authorized by law. Disclosure of or unauthorized use of confidential information by Consultant is a PERSONAL SERVICES CONTRACT Carla Vogel Page 2 of 5 material breach of this Agreement. Upon adequate proof of unauthorized use, and in addition to any other remedies at law or in equity that the City may have, the City may immediately obtain injunctive relief in a court of competent jurisdiction enjoining any continuing or further breaches. Consultant agrees to indemnify and hold the City harmless for any claims or damages caused by Consultant's breach of this Agreement. 6. INDEMNIFICATION: LIABILITY 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 subcontractors, which may arise out of any negligent act, error or omission in the performance of this Agreement. 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 Consultant's negligent act, error or omission. 7. INSURANCE Consultant shall provide and deliver to the City a certificate of insurance documenting policies in the following coverage at minimum limits that are to be in effect prior to commencement of work under this Agreement: General Liability Insurance $1,000,000 each occurrence $1,000,000 aggregate 8. INDEPENDENT CONTRACTOR Consultant shall perform all work and services hereunder as an independent contractor and not as an officer, agent or employee of the City. Consultant shall have exclusive control of, and the exclusive right to control, the details of the work performed hereunder and all persons performing PERSONAL SERVICES CONTRACT i'- Carta Vogel Page 3 of 5 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. 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. 9. CHOICE OF LAW: VENUE "this Agreement shall be construed in accordance with the laws of the State of Texas. Should any action, at law or in equity, arise out of the terms of this Agreement, exclusive venue for said action shall be in Tarrant County, Texas. 10. RIGHT TO AUDIT During the term of this Agreement, and at any time within three (3) years following the expiration of this Agreement, the City shall have the right of access to all information held in the possession of the Consultant related to services performed under this Agreement, for audit purposes or otherwise. Consultant agrees to provide access to such information unless expressly prohibited from doing so by court or other governmental order. Except in the event of an emergency, the City will provide thirty (30) days prior notice of any intended audits and the need for the information. Consultant agrees that it will keep records relating to the services provided hereunder for as long as required by law. 11. NOTICES Any notice required to be given hereunder shall be given by certified mail, return receipt to the following addresses: PERSONAL SERVICES CONTRACT Carla Vogel !:1 1.' Page 4 of 5 =. SS If to City: Director, Community Relations Department City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 If to Consultant Ms. Carta Vogel 4200 South Hulen Street Suite 688 Fort Worth, Texas 76109 EXECUTED in multiple originals on this, the_20_day of May_, 2004. ATTEST: CITY FORT WORTH: By.- B ity§#cretary ssista ity Manager Date: r, ��(:U L-4 Date: L Z d APPROVED AS TO CONSULTANT: FORM AND LEGALITY: Carla Vogel, In�idually Assistant �ty Attorney Date: .! �c� Date: Contract Authorizatioa Date PERSONAL SERVICES CONTRACT Carla Vogel Page 5of5 T y �f ,if 1. �JAI kL.