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HomeMy WebLinkAboutContract 48159 AXY SECS W"ONTRACT No. I� FORT WORTH ADDENDUM TO AGREEMENT BETWEEN THE CITY OF FORT WORTH AND Plum Fun Party Rentals TITLE OF AGREEMENT: Plum Fun Party Rentals ("the Agreement") Notwithstanding any language to the contrary in the attached Agreement presented by Plum Fun Party Rentals ("Company") for party services ("services"), the City of Fort Worth ("City") and Company (collectively the "parties") hereby stipulate by evidence of execution of this Addendum ("Addendum") below by a representative of each party duly authorized to bind the parties hereto, that the parties hereby agree that the provisions in this Addendum below shall be applicable to the Agreement as follows: 1. Insurance: The City is a governmental entity under the laws of the state of Texas and pursuant to Chapter 2259 of the Texas Government Code, entitled "Self-Insurance by Governmental Units," is self- insured and therefore is not required to purchase insurance. To the extent the Agreement requires the City to purchase insurance, the City objects to this provision and will provide a letter of self-insured status as requested by Company. 2. Indemnity: To the extent the attached Agreement requires the City to indemnify or hold Company or any third party harmless from damages of any kind or character, the City objects to these terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. 3. Attorneys' Fees, Penalties, and Liquidated Damages: To the extent the attached Agreement requires the City to pay attorneys' fees for any action contemplated or taken, or penalties or liquidated damages in any amount, the City objects to these terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. 4. Law and Venue: This Agreement and the rights and obligations of the parties hereto shall be governed by, and construed in accordance with the laws of the United States and state of Texas, exclusive of conflicts of laws provisions. Venue for any suit brought under this Agreement shall be in a court of competent jurisdiction in Tarrant County, Texas. To the extent this Agreement is required to be governed by any state law other than Texas or venue in Tarrant County, the City objects to such terms and any such terms are hereby deleted from this Agreement and shall have no force or effect. OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX 5. Sovereign Immunity: Nothing herein constitutes a waiver of the City's sovereign immunity. To the extent this Agreement requires the City to waive its rights or immunities as a government entity, such provisions are hereby deleted and shall have no force or effect. 6. No Debt: In compliance with Article 11 § 5 of the Texas Constitution, it is understood and agreed that all obligations of the City hereunder are subject to the availability of funds. If such funds are not appropriated or become unavailable, the City shall have the right to terminate this Agreement except for those portions of funds which have been appropriated prior to termination. 7. Assignment: To the extent the Agreement addresses the right to assign any rights or interest in the agreement to another party, such right of assignment shall be reciprocal, and neither party shall have the right to assign or transfer any of its rights or interests in the Agreement without the express prior written consent of the other party. However, the Company shall have the right to assign the Agreement to any entity in which it is a recognized legal affiliate or subsidiary or which such entity obtains a majority interest without the consent of the City. However, Company shall give the City at least thirty (30) days written notice of any such assignment or transfer of interest. S. Right to Audit. Company agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the Architect involving transactions relating to this Agreement. Company agrees that the City shall have access during normal working hours to all necessary Company facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Company reasonable advance notice of intended audits. Company further agrees to include in all its subcontracts hereunder a provision to the effect that the subconsultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subconsultant reasonable advance notice of intended audits. 9. Confidential Information: The City is a government entity under the laws of the State of Texas and all documents held or maintained by the City are subject to disclosure under the Texas Public Information Act. To the extent the Agreement requires that the City maintain records in violation of the Act, the City hereby objects to such provisions and such provisions are hereby deleted from the Agreement and shall have no force or effect. CFW/Form Addendum Page 2 of 3 10. Addendum Controlling: If any provisions of the attached Agreement, conflict with the terms herein, are prohibited by applicable law, conflict with any applicable rule, regulation or ordinance of the City, the terms in this Addendum shall control. CITY OF FORT WORTH: Plum Fun Party Rentals By: By: h4offllk Name: Name: etije l Assistant City Manager Title: t)3tQPr Date: ��� z�� ate: 0q/M *ORR),006 , ATTEST- By: o City #wy-v APPMD AS TO FORM AND LEGALITY: i By: Assistant City Attorney Contract Authorization: M&C: N/A Date Approved: OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX CFW/Form Addendum Page 3 of 3