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Home My WebLink AboutContract 26036 CITY SECRETARY CONTRACT NO. CP D PROFESSIONAL SERVICES AGREEMENT This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH (the "City"), a home rule municipal corporation situated in portions of Tarrant and Denton Counties, Texas acting by and through Libby Watson, its duly authorized Assistant City Manager, and Kevin Schreiber Enterprises ("Consultant"). 1. PROVISION OF SERVICES. Consultant hereby agrees to provide development, design and other related services to the City's Parks and Community Services Department (PACSD) relating to the creation of an internet Home Page for the PACSD Forestry Section. Consultant's services shall include, but not be limited to, the following: 1.1. Design and development of a Home Page for the Forestry Section of the PACSD; 1.2. Coordination with the City of Fort Worth's Information Systems and Services Department to install the page on the City of Fort Worth's Web Site; 1.3. Provide staff training for the ongoing maintenance and monitoring of the page; 1.4. Provide technical support during the term of the contract. The City Forester and the City's Internet Coordinator shall oversee Consultant's work under this Agreement. Consultant shall provide the City Forester and the City's Internet Coordinator periodic updates as to the status of the project. All data, software, programs, and instructions created pursuant to the services provided hereunder shall become the property of the City and shall be provided to the City in a storage format as reasonably specified by the City. 2. TERM. This Agreement shall commence on the date of its execution and expire on September 30, 2000 ("Initial Term"). Either party may terminate this Agreement at any time and for any reason upon delivery of written notice to the other party. Upon the termination of this Agreement, Consultant shall deliver to the City Forester or authorized representative all records, notes, data, memoranda, models and equipment of any nature that are in Consultant's possession or under Consultant's control and that are the City's property or relate to the Forestry Section operations. 3. COMPENSATION. 3.1. Initial Term. During the Term, Consultant shall be paid for services provided under this Agreement for a total amount not to exceed $7,500.00. Consultant shall monitor Consultant's aggregate billings during the Term and notify the City Forester in writing if Consultant's aggregate billings approach the $7,500.00 ceiling established in this Agreement. Consultant understands and agrees that the City cannot pay Consultant more than $7,500.00 under this Agreement unless this Agreement is amended in writing, signed by both parties, and additional funds are appropriated by the City's City Council to pay for a continuation of services by Consultant. 3.2. Invoices. Payments by the City under this Agreement shall be made on a monthly basis and within. thirty (30) days following receipt of a written and detailed invoice prepared by Consultant that outlines the specific services provided during the preceding month, the actual amount of time spent in the provision of those services and the subtotal amount owed by the City for each particular service provided. 4. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Consultant shall operate as an independent contractor for all purposes and not as an agent, representative or employee of the City. Consultant shall have the exclusive right to control the details of the services rendered to the City under this Agreement and shall be solely responsible for Consultant's acts and omissions as well as acts and omissions of Consultant's agents, employees, contractors or subcontractors. Consultant agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between the City and Consultant. 5. INDEMNIFICATION. CONSULTANT HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF ANY KIND, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE NEGLIGENT ACTS OR OMISSIONS, MALFEASANCE OR MISCONDUCT OF CONSULTANT AND/OR CONSULTANT'S OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS. 6. CONFIDENTIAL INFORMATION. Consultant recognizes that the PACSD has and may have certain proprietary information, including, but not limited to, information relating to prices, products and devices, costs, future plans and processes (collectively "Information"). Consultant shall not at any time or in any manner, either directly or indirectly, use such Information for Consultant's own benefit. In addition, Consultant shall not divulge, disclose or communicate to a third party in any matter V`EME such Information that is not already public information without the City's advance written consent. 7. NO WAIVER The failure of either party to enforce any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of that party's right subsequently to enforce or exercise such term, provision or right. In addition, Consultant understands and agrees that, notwithstanding anything that may be to the contrary in this Agreement, the City's execution of this Agreement shall not be construed as any kind of waiver or surrender any of the City's governmental powers. 8. VENUE AND JURISDICTION. This Agreement shall be construed in accordance with the laws of the State of Texas. Should any action, whether real or asserted, at law or in equity, arise out of the provisions or conditions of this Agreement, venue for such action shall lie exclusively in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. In the event that such an action is filed by one party against the other, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs and expenses from the other. 9. SEVERABILITY. If any provision of this Agreement is subsequently held to be invalid, illegal or unenforceable by a final order entered by a court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 10. NOTICES. Notices required pursuant to this Agreement shall be conclusively determined to have been delivered when (i) hand-delivered to the other party or (ii) deposited in the United States Mail, postage prepaid, certified with return receipt requested, addressed as follows: To the CITY: To CONSULTANT: Melinda Adams, City Forester Kevin Schreiber Parks and Community Services Department 6032 Jacksboro Hwy (199) 4200 South Freeway, Suite 2200 Suite 202 Fort Worth, Texas 76115-1499 Fort Worth, Texas 76135 11. ENTIRETY OF AGREEMENT. This written instrument, including any documents made a part of this Agreement or otherwise incorporated into this Agreement, contains the entire understanding and agreement between the City and Consultant as to the matters contained herein. An rior or 3 n�, F G contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provisions of this Agreement. The terms and conditions of this Agreement shall not be amended unless agreed to in writing by both parties and approved by the City Council of the City. IN WITNE �WHEREOF, the parties hereto have executed this Agreement in multiples this — day of QIJ pa , 2000. CITY OF FORT WORTH: Kevin Schreib r rprises Ri and vala, Director evi Schreiber Par s an Community Services Department By: L' WatsorO Assistant City Manager APPROVED AS TO FORM AND LEGALITY: B . &f2G�v0 Assistant City Attorney M&C: none required ATTESTE 4 u, fROil.'T14 Va. 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 Kevin Schreiber of Kevin Schreiber Enterprises, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in the capacity indicated, as the act and deed of said person for the purposes and consideration therein expressed. GIVEN R MY HAND AND SEAL OF OFFICE this C;� day 2000. Notary Pu lic m 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 Libby Watson, 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 and that he executed the same as the act of the City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. y-�Q GIVEN UNDER MY HAND AND SEAL OF OFFICE this 7 v1 day 12000. 0*16�� ) RO8BLLA BARNB>� � / "-NOTARY PUBLIC State o} TaxasNotary Public in and for the State of Texas Comm Exp 03.31-3001 5 1NrVr SE�.1