HomeMy WebLinkAboutContract 59289CSC No. 59289
ADDENDUM TO PERFORMANCE CONTRACT
BETWEEN
THE CITY OF FORT WORTH
AND
LATIN EXPRESS
This Addendum to the Performance Contract ("Addendum") is entered into by and between
Latin Express ("Performer") and the City of Fort Worth ("City"), collectively the "Parties." The
terms and provisions of the Addendum shall control to the extent there is a conflict between the
terms and conditions of this Addendum and the terms and conditions of the Performance Contract.
The Contract documents shall include the following:
1. The Performance Contract; and
2. This Addendum.
Notwithstanding any language to the contrary in the attached Performance Contract
(hereinafter the "Agreement"), the Parties hereby stipulate by evidence of execution of this
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. Law and Venue. The Agreement will be construed in accordance with the laws of
the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant
to the Agreement, venue for such action will lie in state courts located in Tarrant County, Texas
or the United States District Court for the Northern District of Texas, Fort Worth Division.
2. L)ABILITY- PERFORMER WILL BE LIABLE AND RESPONSIBLE FOR ANYAND
ALL PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY, INCLUDING,
INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANYAND ALL PERSONS, OFANYKIND OR
CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
PERFORMER, ITS OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, OR SUBCONTRACTORS.
3. GENERAL INDEMNIFICATION - PERFORMER HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OF, AGENTS,
REPRESENTATIVES, SERVANTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL
CLAIMS OR LAWSUITS OFANYIaND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO
PERFORMER'S BUSINESS AND ANY RESULTING LOST PROFITS) AND PERSONAL INJURY,
INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF
OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF PERFORMER, ITS OF,
AGENTS, REPRSENTATIVES, SERVANTS, EMPLOYEES, CONTRACTORS, OR
SUBCONTRACTORS.
Addendum
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX Pagel of 3
4. Right to Audit. If any money is exchanged as part of this Agreement, then the City
shall have the right to audit the financial and business records of the Performer that relate to any
monetary exchange under this Agreement (collectively "Records") at any time during the Term of
the Agreement and for three (3) years thereafter.
5. Independent Contractor. It is expressly understood and agreed that Performer will
operate as an independent contractor as to all rights and privileges and work performed under this
Agreement, and not as agent, representative or employee of City. Subject to and in accordance
with the conditions and provisions of this Agreement, Performer will have the exclusive right to
control the details of its operations and activities and be solely responsible for the acts and
omissions of its officers, agents, servants, employees, Performers, and subcontractors. Performer
acknowledges that the doctrine of respondeat superior will not apply as between City, its officers,
agents, servants and employees, and Performer, its officers, agents, employees, servants,
contractors, and subcontractors. Performer further agrees that nothing herein will be construed as
the creation of a partnership or joint enterprise between City and Performer. It is further understood
that City will in no way be considered a Co -employer or a Joint employer of Performer or any
officers, agents, servants, employees, contractors, or subcontractors. Neither Performer, nor any
officers, agents, servants, employees, contractors, or subcontractors of Performer will be entitled
to any employment benefits from City. Performer will be responsible and liable for any and all
payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants,
employees, or contractors.
(sigiioture page folloii,$)
Addendum Page 2 of 3
ACCEPTED AND AGREED:
City of Fort Worth
By:
T- C.L_
Name:
Fernando Costa
Title:
Assistant City Manager
Date:
Apr 20, 2023
Approval Recommended:
By:
Name:
Victor Turner
Title:
Department Director
Attest:
By:
Name: Jannette Goodall
Title: City Secretary
PERFORMER:
Latin Express
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By:
Czi A..(Aprl8,101 r)
Name:
Carlos Saenz
Title:
Director
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all
performance and reporting requirements.
By: �% �/i Gam/ 4't
Y
Name: e-7
Title: -: • / r l; 44
Approved as to Form and Legality:
By. ui,
R.
Name: Jessika J. Williams
Title: Assistant City Attorney
Contract Authorization:
M&C: n/a
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Addendum Page 3 of 3