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Home My WebLink AboutContract 34807 (2)�iiY �EC��i��`� CONTRAGT �90. AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT ("Agreement") is made and entered into between THE CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas ("City"), acting by and through Karen L. Montgomery, its duly authorized Assistant City Manager, and BRIAN HAGERTY, an individual ("Consultant"). RECITALS VJHE�;AS, City has a substantial need to obtain training of management analysts in the City's Department of Management Services on the Budget Reporting and Analysis Support System (BRASS) and Salary and Benefit Forecasting System (SBFS) software used by the City to develop, manage and monitor the City's budget ("Software"); WHEREAS, City desires to hire a professional knowledgeable and experienced in providing training services on the Software; WHEREAS, Consultant has represented that it is knowledgeable and experienced in providing services of training on the Software; and WHEREAS, City and Consultant mutually desire to enter into a contract to have Consultant perform training services on the Software. NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: AGREEMENT 1. Services. Consultant agrees to provide training of management analysts in the City's Department of Management Services on the Software ("Services"). Services shall be perfUrine� in January 2007 and City employees will be participating in this training as a required p�,r� ot ��.��,- �_i'l,A�I'I • I � 1;-�' � ,, , , ., � �!�,�;,,,� ' , � ,, ��.��,��.� , '�r�'I, ��. ,i��;llll U 1��1i� control of and the exclusive right to control the details of the Services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, subcontractors and program participants. The doctrine of respondeat superior shall not apply as between the City and Consultant, its officers, agents, servants, employees, subcontractors, or program participants, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Consultant. It is expressly understood and agreed that no officer, agent, employee, or subcontractor of Consultant is in the paid service of City. 6. lnciemnification. CONSULTANT COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL 1NNRY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES DESCRIBED HEREIN, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS OF CITY; AND CONSULTANT HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, ��EI`dTS, SLRVANTS, ANB EMPLQ4'EES FOR ATdY AT�D ALL C�,AIM� (?R SUITS FOP. PROPERTY LOSS OR DAMAGE AND/OR PERSONAL 1NJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER K1NDS OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRAr ��; OR SUBCONTRACTORS OF CITY. CONSULTANT LIKEWISE COVENARTTS .��1D , ,, , � �� 71,5�; ,`� '� ' �' ''', �� ' : �: �, \ 1 '�; , '��iiiiiii,�,i„ 9. Non-Discrimination. Consultant, in the execution, performance or attempted performance of this contract and Agreement, will not discriminate against any person or persons because of disability, age, familial status, sex, race, religion, color or national origin, nor will Consultant permit its officers, agents, employees, or subcontractors to engage in such discrimination. This Agreement is made and entered into with reference specifically to Chapter 17, Article III, Division 3, of the City Code of the City of Fort Worth ("Discrimination in Employment Practices"j, and Consultant hereby covenants and agrees that Consultant, its agents, employees and subcontractors have fully complied with all provisions of same and that no employee or employee-applicant has been discriminated against by either Consultant, its agents, employees or subcontractors. 10. Right to Audit. Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the Consultant involving transactions relating to this Agreement. 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. Co�sultant further ag�ees to ir�lu�e in all of its sub�ontracter agreements r�ereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions to the subcontract, and further that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable advance notice of intended audits. 16. Disclosure of Conflicts. Consultant hereby warrants to the City that Consultant has made full disclosure in writing of any existing or potential conflicts of interest related to Consultant's services and proposed services with respect to the Project. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Consultant hereby agrees immediately to make full disclosure to the City in writing. The City acknowledges that Consultant may use products, materials or methodologies proprietary to Consultant. The City agrees that Consultant's provision of services under this Agreement shall not be grounds for the City to have or obtain any rights in such proprietary products, materials or methodologies unless the parties have executed a separate written agreement with respect thereto. Notwithstanding the foregoing, Consultant understands and agrees that the City is subject to various public information laws and regulations, including, but not limited to, the Texas Open Records Act. Consultant, for itself and its officers, agents and employees, further agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such information to any third party without the prior written approval of the City. 17. Severabilitv. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 18. Force Majeure. The City and Consultant shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of omission, fires, strikes, lockouts, national disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. _ ' '',' ' �� ';� �;� ' 1' , , SI 'l . ;; l ' ., , ''� � �'`��i��,ij, ; � 'r ;� � � �' i � �'� ��1/r,;,,�r�',,,�„ ��`'�i IN WIT'NESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort Worth, Tarrant County, Texas, to be effective as of the last signature below. ATTEST: �,-�� , -� Marty Hendri City Secretary �.- ��_� �� •�� APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney Date: �� r�r�F: ��:�� .,�.�_ __ . __--- --�, CITY OF FORT WORTH I � ��;�`�� y: , Karen L. Montgomery � Assistant City Manager /cFo Date: � % � CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT -..-,. ;. ,c-..c-C`:� n �.c-� ,r.%t�'.C'!' ^.<-�C` - - - - - - ._ . . - - — � -- �,c'C'_c.C'.c_v=r;l;c;l',-;l;C�^^c;� � c�`��:c�C'i,l`c�C'� �� ;�`, ^„�. ^„Y`�� „�, . i-;:` ';;�, � :7: State of California County of .�� D(Q�, � ss. On ,. f �' ' , �Lji/'�[� � �J ✓l1 7�C�iLt % v � �i L �('�,nl�v. 5,�Oo lc before me, 2�� Date _ Name and Title of fficer (e.g., "Jan e, Notary Public") personally appeared SARAH PANfq. Cwrwr►Istlon � 143361 b � � Howry P��iNC - coMrorrwa y� Sa^ DIe�O CounN MY C�n. Expkes Aug 4. 2007 %�ie �.�r1�� P�� L��% P��2.f.�OSS=� c'�. of Signer(s) �=�'i�i:,:ureuv�" '�1-!--�-.��' � proved to me on the basis of satisfactory evidence to be the personf�f whose name,(.8� islaxe subscribed ae to the within instrument and acknowledged to me that he/�y executed the same in his/�ir authorized capacity(tes), and that by his/her�eir signature� on the instrument the person�, or the entity upon behalf of which the person(-s-) acted, executed the instrument. WITNESS my hand and official seal. - � , � Place Notary Seal Above Sign ture of Notary Public OPTIONAL Though the info�mation below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached D cument Title or Type of Document: �.�,�y� Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER .. . . Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER .. . . ,�C.��;:�C>c,ru:�<;��.�%G�--C,�=<:<��>Lc�=:�-�-C;C.C.�4.��=<;L'.c.`=�,�U�: �u�Li.: :.v�:�=<,'�ti�;�;-�'��.'�-_�C�'�,�-�u�•��;,:.; __;✓ _ :�.,�, OO 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder. Call To!I-Free �1-800-876-6827 ��) �'r � 1 \ �� :',' ��)III'.1�''�