HomeMy WebLinkAboutContract 39749-A1..
CllY SECRETARY
coNTRAcr No . 2fr1 Y::: c, --A\
FIRST AMENDMENT TO
CITY SECRETARY CONTRACT NO. 39749
FOR MANAGEMENT AND OPERATION OF THE
WILL ROGERS MEMORIAL CENTER PARKING FACILITIES
This First Amendment to City Secretary Contract No. 39749, dated March '31 2011 is
made and entered by and between the CITY OF FORT WORTH, a home rule municipal
corporation of the State of Texas located within Tarrant, Denton, Parker and Wise Counties,
Texas (hereinafter referred to as "CITY"), and STANDARD PARKING CORPORATION, a
Delaware corporation ("OPERA TOR").
RECITALS
A. The City and Operator are parties to a Contract For Management and Operation of
the Will Rogers Memorial Center Parking Facilities, City Secretary Contract No. 39749, dated
January 12, 2010 ("Contract"), pursuant to which Operator manages on behalf of City the
parking facilities located at the "Will Rogers Memorial Center" and the "Fort Worth Convention
Center," as more particularly described in the Contract.
B . The City and the OPERATOR both agree that the OPERATOR has delivered all
receipts collected by Operator pursuant to the Contract, including sales taxes, every month since
May 4, 2010, to the City; and
C . The City and Operator desire to amend the Contract upon the terms and
conditions herein set forth.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, City and Operator agree as follows:
1. Recitals, Definitions. The above recitals are incorporated herein. The terms
defined in the Agreement shall have the same meanings when used herein, unless expressly
defined otherwise herein.
2. Sales Tax Remittance . Effective on the execution date of this First Amendment
(the "Effective Date"), Operator shall continue to deliver all receipts collected by Operator
pursuant to the Contract to the City. The City shall be responsible for payment directly to the tax
collector of any sales, use, excise, occupancy, gross receipts , parking, or any other tax or charge
payable to the tax collector (collectively, "Sales Tax").
In connection with the payment of Sales Tax, the parties further agree to the following:
(a) On or before the execution of this First Amendment, the City shall provide
Operator with a copy of the City's most recently filed sales tax return with the State
Comptroller's Office and W-9 (Tax Payer Identification Number and Certification).
(b) The City agrees to assist Operator in the event of any tax audit and will preserve
all rev nue-reeeres-aur1ng.t he term of the Contract, and for a minimum of four (4) years from the
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
LN # 05165
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date of receipt to the end of that fiscal year.
(c) Operator shall list Sales Tax expenses on Operator's monthly statement to the
City. Operator agrees to defend, indemnify and hold harmless the City for only the Operator's
negligence or intentional misconduct with respect to its collection and submission of the sales tax
revenue.
3. No Other Changes. Except as expressly modified herein, the Agreement remains
in full force and effect upon its original terms and conditions.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of
the date first above written.
CITY:
City of Fort Worth
RECOMME~~:
By: --'c)///--_ ____________ _
Kirk Slaughter
Director, Dept. of Public Events
APPROVED AS TO FORM AND EGALITY:
I NO M&C REQUIRED
First Amendment to Standard Parking Contract
Page 2 of2
OPERATOR:
....,._,..._, ... nons
Executive Vice President
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX