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HomeMy WebLinkAboutContract 43647-AD1 e.... a ..\I Go ADDENDUM TO TITLF AGREEMENTBETWEEN THE CITY OF FORT WORTH AND NAME OF CONTRACTOR Title of Agreement and/or CSC No. ("the Agreement") Name of Contractor el►3L i v Yw Ec q, /.,c Agreement Number N/4 Term of Agreement `I'- 1^17 -rz 9.3t-18 Notwithstanding any language to the contrary in the attached Agreement presented by Insert Name of Contractor, ("Contractor") for insert services ("services"), the City of Fort Worth ("City") and Contractor (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 and shall modify the Agreement as set forth below: 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 any such provision,the parties agree that any such requirement shall be null and void and is hereby deleted from the Agreement and shall have no force or effect. The City will provide a letter of self-insured status as requested by Contractor. 2.Indemnity: To the extent the attached Agreement requires the City to indemnify or hold Contractor or any third party harmless from damages of any kind or character,the City objects to any such provision,the parties agree that any such requirement shall be null and void and is 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 any such provision,the parties agree that any such requirement shall be null and void and is 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 the 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 any such provision, the Addendum to TITLE OF AGREEMENT Rev.1/2017 Between City of Fort Worth and NAME OF CONTRACTOR Page 1 of 3 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX parties agree that any such requirement shall be null and void and is hereby deleted from the Agreement and shall have no force or effect. 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,the City objects to any such provision,the parties agree that any such requirement shall be null and void and is hereby deleted from the Agreement and shall have no force or effect. b.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. To the extent the Agreement requires the City to agree to the creation of debt for which funds are not appropriated,the City objects to any such provision, the parties agree that any such requirement shall be null and void and is hereby deleted from the Agreement and shall have no force or effect. 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 Contractor 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, Contractor shall give the City at least thirty (30) days written notice of any such assignment or transfer of interest. 8. 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 objects to any such provision,the parties agree that any such requirement shall be null and void and is hereby deleted from the Agreement and shall have no force or effect. 9. Israel: Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it:(1)does not boycott Israel;and(2)will not boycott Israel during the term of the contract. The terms"boycott Israel" and"company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that Contractor:(1) does not boycott Israel; and(2)will not boycott Israel during the term of the contract. 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: NAME OF CONTRACTOR: Addendum to TITLE OF AGREEMENT Rev.1/2017 Between City of Fort Worth and NAME OF CONTRACTOR Page 2 of 3 C L By: c n BY: ary !Iles ACM NAME Name er Sales Operations Mane Assistant City Manager Title 9 Date:_ 3/f �!8 Date: P 41 Addendum to TITLE OF AGREEMENT Rev.1/2017 Between City of Fort Worth and NAME OF CONTRACTOR Page 3 of 3 Contract Compliance Manager: By signing,I acknowledge that I am the personresponsible for the monitoring and administration of this contract,including ens--ng all perio a and reporting requirements. Nance f Emp o ee &aro a— - CL. Title ATTEST: By: ity Secr e City Secretarya(AS APPR OVED AS TO FORM AND LEGALITY: By: c_) QA_yk"�""�` ACA Nadle Assistant City Attorney Contract Authorization: M&C: M&C Number Date Approved:M&C Approval Date Form 1295 Certification No. Addendum to TITLE OF AGREEMENT Rev. 1/2017 Between City of Fort Worth and NAME OF CONTRACTOR Page 4 of 3 OFFICIAL RECORD CITY SECRETARY FT,WORTH,TX