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HomeMy WebLinkAbout1987-0751791L NO AN ORDINANCE APPROVING AN AGREhMhN1 BETWEEN 1HE CITY OF DENTON AND THE WYATT COMPANY RELATING TO RISK MANAGEMENT, APPROVING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE 1HE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Council hereby approves and authoriz— es tle Mayor and City Secretary to execute and attest, respectively, the agreement between the City of Denton and The Wyatt Company to perform professional actuarial services relating to risk management under the terms and conditions contained in said agreement which is attached hereto and made a part hereof SECTION II rhat the City Council authorizes the expendi- ture �o`___Tunc�s not to exceed Twenty-one Thousand Dollars ($21,000 00) SECTION III That this ordinance shall become effective imme sated ly upon its passage and approval PASSED AND APPROVED this the�� day of , 1987 RAY ST PH NS, fjAYOR CITY 09 DENTON, TEXAS ATTES r JE R T RS, CITY SECRETARY CIT OF D NTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS 1797L ADDENDUM TO LETTER AGREEMENT BETWEEN THE CITY OF DENTON AND THE WYATT COMPANY fhe City of Denton, hereinafter called City, and The Wyatt Company, hereinafter called Consultant, hereby mutually agree to modify the foregoing proposal of Consultant as follows I Supervision and Control b Cit It is mutually under- stood an agree y an between ity ana Consultant that Consul- tant is an independent Consultant and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit The City shall have supervision and control of Consultant and any employee of Consultant, and it is expressly understood that Consultant shall perform the services hereunder in accordance with customary professional standards at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement If Insurance Consultant shall provide at its own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Consultant in the operation of Consultant's business III Indemnification Consultant shall and does hereby agree to indemnify an old harmless the City of Denton from any and all damages, loss or liability of any kind whatsoever, by reason of injury to property or third persons to the extent directly and proximately caused by the error, omission or negligent act of Consultant, its officers, agents, employees, invitees, and other persons for whom it is legally liable, in the course of the performance of this agreement, and Consultant will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands IV Cancellation City and Consultant each reserves the right to cancel this Agreement at any time by giving the other party fourteen (14) days written notice of its intention to cancel this Agreement, provided that Consultant shall be paid for all services rendered through the date of termination V Term of Contrfitpt This Agreement shall commence on the :;) �/ th day of &:.L 1987, and end upon the completion of the project VI Dates of Payment City shall pay Consultant within 30 days of completion OT services provided for hereinafter, in accordance with the attached billing rate schedule Except to the extent provided for herein, Consultant's proposal shall be controlling THE CITY OF DENTON, TEXAS BY RAY S PHEN MAYOR PAGE TWO