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1987-0751791L NO AN ORDINANCE APPROVING AN AGREEMEN~ BETWEEN IHE CITY OF DENTON AND THE WYATT COMPANY RELATING TO RISK MANAGEMENT, APPROVING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE IHE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Council hereby approves and authorizes the Mayor and City Secretary to execute and attest, respectively, the agreement between the Llty of Denton and The Wyatt Company to perform professional actuarial serwces relating to risk management under the terms and conditions contained in said agreement which is attached hereto and made a part hereof SECTION II that the C~ty Council authorizes tile expendi- ture of funds not to exceed Twenty-one Thousand Dollars ($21,000 00) SECTION III That this ordinance shall become effective ~mmedlately upon Its passage and approval PASSED AND APPROVED this the~-~/J~-- day of" ' ~)~1987 ATTEbf JEnNiFER- I~AETERS, CITY SECRETARY CITYOOF 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 £he City of Denton, hereinafter called City, and The Wyatt Lompany, hereinafter called Consultant, hereby mutually agree to modxfy the foregoxng proposal of Consultant as follows I Supervision and Control %~ C~t¥,,, It ~s mutually under- stood and agreed by and between ty and Consultant that Consul- tant is an independent Consultant and shall not be deemed to be or considered an employee of the C~ty of Denton, Texas for the purposes of income tax, w~thhold~ng, social securxty taxes, vacation or sxck 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 ~t ~s expressly understood that Consultant shall perform the serwces hereunder ~n accordance w~th customary professional standards at the dxrectlon of and to the satxsfact~on of the C~ty Manager of the Cxty of Denton or h~s designee under th~s agreement Ii Insurance Consultant shall provide at ~ts own cost and expense workmen's compensation ~nsurance, l~abll~ty ~nsurance, and all other insurance necessary to protect Consultant ~n the operation of Consultant's bus~ness III Indemnification Consultant shall and does hereby agree to indemnxfy and hold harmless the City of Denton from any and all damages, loss or l~ab~lity of any k~nd whatsoever, by reason ol ~njury to property or third persons to the extent d~rectly and proximately caused by the error, omission or neglxgent act of Consultant, xts offtcers, agents, employees, ~nvxtees, and other persons for whom ~t ~s legally liable, ~n the course of the performance of th~s agreement, and Consultant wxll, at its cost and expense, defend and protect the C~ty of Denton agaxnst any and all such claims and demands IV Cancellation City and Consultant each reserves the r~ght to cancel this Agreement at any t~me by g~v~ng the other party fourteen (14) days written not~ce of ~ts ~ntent~on to cancel this Agreement, provided that Consultant shall be pa~d for all services rendered through the date of termination V Term of Contrxa~ct ~h~s Agreement shall commence on the ~ th daypr of ec~+-/~(~ ,1987, and end upon the completion of the oj VI Dates of Payment City shall pay Consultant within 30 days of completion of services provided for hereinafter, in accordance with the attached b~ll~ng rate schedule Except to the extent provided for here~n, proposal shall be controlling Consultant's THE WYATT COMPANY BY CITY OF DENTON, TEXAS BY PAGE TWO