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CONTRACT NO. tig-)71
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ASSIGNMENT AND AMENDMENT OF CITY SECRETARY CONTRACT NUMBER 44271
FOR THE DEVELOPMENT AND MANAGEMENT SERVICES TO EVALUATE
PUBLIC/PRIVATE PARTNERSHIPS
FOR THE CITY OF FORT WORTH WATER DEPARTMENT
EMA, Inc., a corporation duly organized and existing under the laws of Minnesota with its
principal office in St. Paul, Minnesota (hereinafter referred to as Transferor) and Brio Consulting LLC, a
limited liability company duly organized and existing under the laws of Texas with its principal office in
Houton Texas (hereinafter referred to as Transferee) enter into this Agreement as of this j ;is day of
< to ki , 2013.
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A. The parties agree to the following facts:
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1. Transferor entered into City Secretary Contract No. 44271 with the City of Fort Worth ("City")
on March 12, 2013 for the Development and Management Services to Evaluate Public/Private
Partnerships for the City of Fort Worth Water Department (Contract). Transferee is the
Transferor's subcontractor to the agreement.
2. Transferee is currently performing the duties and obligations of the Transferor under the terms of
the Contract. The Transferee is in a position to fully perform all obligations that may exist under
the Contract.
B. In consideration of these facts, the parties agree that by this Agreement:
1. The Transferor assigns City Secretary Contract No. 44271 including all obligations, duties and
right to compensation to the Transferee, and waives any claims and rights against the City that it
now has or may have in the future in connection with the Contract.
2. The Transferee agrees to be bound by the Contract in accordance with the conditions contained
therein.
3. The Transferee also assumes all obligations and liabilities of, and all claims against, the
Transferor under the Contract as if the Transferee were the original party to the contracts.
4. The Transferor warrants that it has no knowledge of any existing or potential claims against
Transferor with respect to the Contract.
5. The Transferee ratifies all previous actions taken by the Transferor with respect to the Contract,
with the same force and effect as if the action had been taken by the Transferee.
6. By signature below, the parties acknowledge that the City has given consent to this assignment as
required by Section 10.
7. All payments and reimbursements previously made by the City to the Transferor, and all other
previous actions taken by the City under the Contract, shall be considered to have discharged
those parts of the City's obligations under the Contract.
8. The Transferor and the Transferee agree that the City is not obligated to pay or reimburse either
of them for, or otherwise give effect to, any costs, taxes, or other exne� any related
increases, directly or indirectly arising out of or resulting from the his Agreement,
OFFICIAL0
RECEIVED JUL11 2013 CITY SECRETARY Page 1 1 2
FT, WORTH, T)(
other than those that the City in the absence of this transfer of Agreement would have been
obligated to pay or reimburse under the terms of the Contract.
9. The Transferor shall continue to furnish, and the Transferee shall also furnish, all required
insurance.
10. Article 14 of the Contract, governing Notices, is hereby amended to reflect the following contact
information for notices to Consultant:
Brio Consulting LLC
Nancy Lerner, CEO
11152 Westheimer Road #685
Houston, Texas 77042.
11. The Contract shall remain in full force and effect, except as modified by this Agreement. Each
party has execute 's Agreement as of the day and year first above written.
EMA, INC.
Timothy S. Payne
Executive Vice President
Date: ,4 �-c.� 2 A � � 7
Witness:
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By: RiciTheA
CONSENT BY City of Fort Worth
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Fernando Costa
Assistant City Manager
Frank Crumb, PE
Water Department Director
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NO M C REQUIRED
BRIO CONSULTING LLC
Na Cy B. erner,
Chief Executive Officer
Date:
e7 /316.716/5
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Approved
and and to Form and Legality:
Christa R. Reynolds
Sr. Assistant City Attorney
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M4ry `Kayser
City Secretat
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OFIr3 ECIAIL RECORD
C�Ili1'�(SECRETARY Page 2 1 2
Ft WORTH, TX