HomeMy WebLinkAboutContract 35347 (2)�,'i � `r` �',��LC►����V'
CO�NTF1�a�i f�0.
AMENDMENT TO CITY SECRETARY
CONTRACT NO. 35102
WHEREAS, on March 21, 2007, the City of Fort Worth ("City") and John Dennis
("Conservator") made and entered into City Secretary Contract No. 35102 (the "Contract"), and
the City designated the Art� Council of Fort Worth and Tarrant County, Inc. as its Contract
Manager;
WHEREAS, the Contract did not require City Council authorization;
WHEREAS, under the Contract Conservator agreed to sign a Workers' Compensation
Insurance Waiver, Indemnity, and Release of Liability ("Release"), which was attached to the
Contract as E�ibit "B"; and
WHEREAS, after execution of the Contract, the parties have mutually agreed to amend
the Release.
NOW, THEREFORE, City, whose address is 1000 Throckmorton Street, Fort Worth,
Texas 76102, acting by and through Libby Watson, its duly authorized Assistant City Manager,
and John Dennis, whose address is 3505 Villanova, Dallas, Texas 75225, do hereby agree as
follows:
I.
Exhibit "B" This Exhibit is amended to be and read as attached hereto and made apart hereof
for all purposes.
All other terms and conditions of City Secretary Contract No. 35102 not amended herein
remain unaffected and in full force and effect, are binding upon the parties, and are hereby
ratified by the parties.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANI�
CONTRACT AMENDMENT CSC NO. �J`� `
John Dennis
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IN WITNESS WHEREOF, the parti hereto hav� executed four copies of this contract
amendment in Fort Worth, Texas, this � day of ; , 2007,
ATTEST: _
City Secretary
CITY O�`' FORT WORTH
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Ac�i�tant (�:itv Manauer
STATE OF TEXAS §
§
COUNTY OF TARRANT §
This instrument was acknowledged before me on j1�Lu;h ;� c� .�t , 2007
by Libby Watson, Assistant City Manager, City of Fort Worth, on behalf of the City of Fort
Worth, Texas.
r��?-Q-e��•� ��v�w-6�
;�ti'�"�P�;. ROSEUABARNES
NOTARY PUBLIC, STATE OF TEXAS
_*: '`= MY COMMISSION EXPIRES
=�' Mardt 31, 2009
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STATE OF TEXAS
§
§
COUNTY OF TARRANT § ��� � �
This instrument was acknowledged before me on i , 2007
by John Dennis, Conservator.
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���p«YPU�6 JAMES C. POWELL
;°.�;^ ti Notary Public, Stat� of Texas
; .,�' My Corrirlii�sion Ex{�ires
ty �%4iFni�E��`` January 09, 2008
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�s
CONTRACT AMENDMENT CSC NO.�y��
John Dennis
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NOT RY PUBLIC, STATE OF TEXAS
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Workers' Comnensation Insurance Waiver, Indemnity, and Release of Liabilitv
This statement is being submitted in lieu of a certificate of insurance for the workers'
compensation insurance coverage required by the City of Fort Worth ("City"). I am a sole
proprietor with no employees, sub-contractors or volunteers. This project, Conservation
Treatments ("Project"), to be completed for the City will be completed by myself.
I understand that if I hire anyone as an employee I will purchase Workers' Compensation
Insurance coverage immediately for the required limits and provide a certificate of
insurance indicating this coverage to the City. Any other independent contractors,
subcontractors, consultants, volunteers, or any other persons working on this project will
be required to provide proof of Workers Compensation insurance, or must sign a Release
of Liability before performing any services for the project.
I hereby accept all risk of my injury that may result fiom the Project and I hereby
FOREVER RELEASE AND WAIVE all claims against the City, its departments, its
officers, agents and employees, for any and all liability, including injuries, death or
property damage from my participation in and work on the Project, whether caused by
the alleged acts of commission, omission, negligence, intentional act or fault of (i) the
City, its departments, its officers, servants, agents or employees, or otherwise or (ii) me.
This waiver and release is intended to release and forever discharge the City, its
departments, its officers, servants, agents and employees from any and all claims, actions,
causes of action, damages, losses or expenses, including attorney's fees, whether real or
asserted, of every kind or character, arising out of my participation in and work on the
Project. I understand that this waiver and release is not a waiver of the City's immunity
under the Texas Tort Claims Act.
I further agree to indemnify and defend the City and hold the City harmless from all
claims, together with all costs, expenses, and legal fees in defending all claims directly
or indirectly attribut�ble to the Project. This indemnity provision (including, without
limitation, indemnity for costs, expenses and legal fees) is specifically intended to
operate and be applicable even if it is alleged or proved that all or some vf the damages
being sought were caused as a whole or in part by any act, omission, negligence, gross
n�egligence, breach of contract, intentional conduct, violation of statute or common law,
breach of warranty, product defect, strict product liability, or any other conduct
whatsoever of the City.
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Jo Dennis
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