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Res 03-41 Approving an Amended Contract with C and C EngineeringTOWN OF WESTLAKE RESOLUTION NO. 03-41 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, APPROVING AN AMENDED CONTRACT WITH C&C ENGINEERING TO INCLUDE ENERGY EFFICIENCY INSPECTIONS ON RESIDENTIAL CONSTRUCTION. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the Board of Aldermen of the Town of Westlake does hereby approve an amended contract with C&C Engineering to include energy efficiency inspections on residential construction, in the form attached here as Exhibit A. SECTION 2: That this Resolution shall become effective upon the date of its passage. PASSED AND APPROVED ON THIS 14TH DAY OF JULY 2003. ATTEST: Scott Bradl y, Mayor Gin r Crosswy, Town Aecretary Trent O. Petty, T anagen APPROVED AS TO FORM: STATE OF TEXAS COUNTY OF TARRANT CONSULTANT AGREEMENT AMENDMENT NO. 3 This Agreement is made and entered into by and between, Town of Westlake (hereinafter referred to as "Town") and C & C Engineering (hereinafter referred to as "C&C"). In consideration of the mutual promises herein contained, the parties hereto agree as follows: RECITALS 1. The Town agrees to assign to C&C the task of review and inspection of the international Residential Code 2000 (hereinafter referred to as "The Code"), Pari IV Energy Conservation, Chapter 11 Energy Efficiency, on residential construction within the Town. C&C is to conduct all items contained in this section of The Code, reporting to the Town, their plan review and inspection of the energy -efficiency related requirements for the design and construction of buildings regulated by The Code. C&C is to conduct all functions of The Code directly with the developer, building contractor or building owner. The developer, building contractor or building owner shall make payment for this service directly to C&C, 2. It is expressly understood and agreed that C&C will. perform the services hereunder as an independent contractor and not as an officer. or employee of the Town; that C&C has the right to control the day to day details of the services performed under this agreement; that the manner and means of the performance of the services by C&C hereunder are within the sole discretion of C&C other than the providing of an end result, which must comply with requirements promulgated by the Town; that the doctrine of respondent superior shall not apply as between the Town and C&C in that nothing herein shall be construed as creating a partnership or joint enterprise between the Town and C&C. C&C will have no authority to bind the Town or otherwise incur liability on behalf of the Town. Further, the Town will have no obligation to provide insurance or other benefits on behalf of C&C and all taxes due on compensation received by C&C will be the sole responsibility of C&C. 3. This Agreement has previously been extended to run until June 30, 2003 and may be extended for additional one-year periods by mutual agreement of the parties in writing. Lither party may terminate this agreement at any time for any reason effective upon receipt of thirty (30) days written notice to the other party. Upon approval of this Agreement it will be extended to run until June 30, 2044. INDEMNIFICATION C&C AGREES TO INDEMNIFY AND HOLD HARMLESS THE TOWN OF WESTLAKE, ITS OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS AND ATTORNEYS FEES FOR INJURY TO OR DEATH OF ANY PERSON, OR DAMAGE TO ANY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THE CONDITIONS AND REQUIREMENTS OF THIS AGREEMENT SUCH INDEMNIFICATION SHALL NOT APPLY WHERE THE CLAIMS, LOSSES, DAMAGES, CAUSE OF ACTION, SUITS OR LIABILITY ARISE SOLELY FROM THE NEGLIGENCE OR WILLFUL ACT(S) OF THE TOWN. EXECUTED THIS tSl'`DAY OF Town of Westlak Trent Petty Town Manager C&C Engineering .i�,'.