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HomeMy WebLinkAboutContract 52349 L AY��I CITY SECRETARY 2 84,079 CONTRACT NO.CITYOF FORT n �� sFCRFr�Fyr INDEMNITY AGREEMENT This INDEMNITY AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH("City"),a home rule municipal corporation, acting by and through Jesus J. Chapa, its duly authorized Assistant City Manager,and UnBound Fort Worth, acting by and through Stephanie Byrd,its duly authorized Executive Director("Vendor".) For purposes of this Agreement,the term Vendor shall include Vendor, its authorized representatives, officers, employees, and instructors who provide services on Vendor's behalf. The term City shall include its authorized representatives and agents. WHEREAS,the City is hosting a Safety Fair for the citizens of Fort Worth on May 25,2019, from 10:00 a.m.to 1:00 p.m.at the Tanger Outlets located at 15853 North Freeway,Fort Worth,Texas 76177. WHEREAS,Vendor has been invited to participate in the Safety Fair community event as a vendor to display Vendor's services and educate the community about safety within the City of Fort Worth;and WHEREAS,nothing in this agreement shall constitute an obligation of City funds;and WHEREAS,City and Vendor expressly agree and stipulate that this Agreement is based on valuable consideration and an exchange of promises that will be independently beneficial to both parties. Specifically, Vendor agrees that the City will provide a benefit to Vendor by facilitating the exposure of Vendor's services to the Citizens of Fort Worth and the general public. City agrees that the Vendor will provide a benefit to the City by appearing at the Safety Fair and promoting the City's goal of encouraging citizens to think and act with safety in mind. NOW THEREFORE, KNOWN ALL BY THESE PRESENT, City and Vendor, acting herein by and through their duly authorized representatives,enter into this Agreement as follows: 1.0 TERM This Agreement shall become effective upon execution by both parties and shall expire on May 25, 2019,at 2:00 p.m. 2.0 LIABILITY AND INDEMNIFICATION 2.1 LIABILITY— VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS, MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 2.2 GENERAL INDEMNIFICATION — TO THE EXTENT PERMITTED BY LAW, VENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY,ITS OFFICERS,AGENTS,SERVANTSAND EMPLOYEES,FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANYAND ALL PERSONS,ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT Indemnification Agreement Between 0FFICII L RECORD City of Fort Worth and UnBound Fort Worth ., Page 1 of 2 ,ETARY w; woRTH,TX i ACTS OR OMISSIONS OR AIALFEASANCE OF VENDOR,ITS OFFICERS,AGENTS,SERLANTS OR EMPLOYEES EXECUTED on this,the day of�, 2019. CITY OF FORT WORTH: UNBOUND FORT NVORTH: By: By: Jesus J. Chapa Stephanie B d Assistant City Manager Executive Director Date: _ S — Date: 5�a� n, AP'P " 'A ECOMMENDED BY: By: Edwin Kra Chief ofPol Date:�T APPROVED AS TO FORM AND GALITY: By: _ Thomas koyce Hansen � � � Assistant City Attorney 4'' ATTEST- By: PR ' Mary J. Kayser _ •• City Secretaryti°rr' r�'.� Form 1295 Certification No: NOT REQUIRED This agreement does not require City Council approval. Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all performance and reporting requirements. Fort p Pae Officerwo �� ,`' }4 �ro ® FT. WORTH,TX Indemnification Agreement Between City of Fort Worth and UnBound Fort Worth Page 2 of 2