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HomeMy WebLinkAboutContract 47895 CITY SECRETA � CONTRACT 1O. .: ll Aquila . 1221 Brickell Avenue,Suite 1060 •Miami,FL 33131 T(800) 805 8482■ F (305) 397 1843• www.aquilaltd.com Aquila Service Agreement: This agreement is established between Aquila Fitness Consulting Systems, Ltd. (Aquila) and City of Fort Worth this 1'A day of July, 2016. Site Name/Location: Billing Address: (If different from site location) City of Forth Worth Attn. Vicki Tieszen 1000 Throckmorton Street Fort Worth, TX 76102 Services Provided Effective with July 1`'`, 2016 Aquila will provide Group Training Classes (e.g. Bootcamp) (60 minutes) for the City of Fort Worth twice a week agreed on mutually beneficial schedule. The classes will be taught by Aquila Certified Instructors. Term, Fee and Payment The initial term of this agreement shall be 6 months (30 days) from the effective date of this agreement. It will then automatically renew for additional 6 months periods unless either party provides written intent not to renew 30 days prior to the end of each period. Either party can cancel this agreement for no-cause with 30 day written notice. The fee for this service is $75.00 per hour. All payment terms shall be Net 30. All payments are to be sent to: Aquila 1221 Brickell Avenue, Suite 1060, Miami, FL 33131 Insurance Aquila will, during the term of this Agreement, maintain at its expense: Comprehensive General Liability Insurance or Commercial General Liability Insurance. Policy limits shalt not be less than a Combined Single Limit for Bodily Injury, Property Damage and Personal Injury Liability of$1,000,000 per occurrence and $2,000,000 aggregate, umbrella liability coverage of an additional $5,000,000 per occurrenceand $5,000,000 aggregate. CE1VEJ OFFICIAL RECORD JIM 17 2016 CITY SECRETARY caY OF FORT WORTH FT.WORTH,TX CITYSECRETARY Liability Ft Idemnification A. LIABILITY- Aquila shall be liable and responsible for any and all property loss, property damage, to the extend caused by intentional misconduct of Aquila, its officers, agents, servants or employees. B. INDEMNIFICATION - Aquila hereby covenants 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 of any kind of character, whether real or asserted for either property damage or loss (including alleged damage or loss to Aquila's business and any resulting lost profits). Assignment This Agreement shall be binding upon and inure to the benefit of the parties hereto and theirrespective successors and permitted assigns. Force Majeure Neither party shall be liable for any delay or failure to perform its obligations due to any cause beyond its reasonable control. Entire Agreement This Agreement sets forth the entire Agreement between the parties hereto and supersedes all prior agreements, promises or representations. In no event shall any terms and conditions contained or referenced in any purchase order or other documents submitted by the Customer be of any force or effect. Governance This Agreement is governed by the laws of the State of Texas, without regard to principles of conflict of law. City of Fort Worth Aquila Authorized Signer: Authorized Signer: Name/Title: 9.usaAlanis Name/Title: ees/CAssistant City Manager Date I Date. Contact for Service: Vicki Tieszen Ay' o� F 0�� Contact for Billing: Vicki Tieszen Mary J. itysemwuuy v O 070 M&C: Not Required. No 1295 Form Required. 00000 APP OV D AS TO FOR AND LEGALITY: OFFICIAL RECORD CITY ATTORNEY �� e�ma—Ire /I CITY SECRETARY FT. WORTH, TX