HomeMy WebLinkAboutContract 59407CSC No. 59407
ADDENDUM TO BAND CONTRACT AGREEMENT
BETWEEN
THE CITY OF FORT WORTH
AND
KNICE 2 KNOW "1,QK"
This Addendum to the Knice 2 Know Band Contract Agreement ("Band Contract
Agreement") is entered into by and between Knice 2 Know "K2K" ("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 Band Contract Agreement.
The Contract documents shall include the following:
1. The Band Contract Agreement; and
2. This Addendum.
Notwithstanding any language to the contrary in the attached Band Contract Agreement
(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. LIABILITY- 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 A CT(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 OFFICERS, AGENTS,
REPRESENTATIVES, SERVANTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL
CLAIMS OR LAWSUITS OFANYKIND 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 ANYAND 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 OFFICERS,
AGENTS, REPRSENTATIVES, SERVANTS, EMPLOYEES, CONTRACTORS, OR
SUBCONTRACTORS.
OFFICIAL RECORD
CITY SECRETARY
Addendum FT. WORTH, Tx Page 1 of 3
4. Ri2ht 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.
(signature page follows)
Addendum Page 2 of 3
ACCEPTED AND AGREED:
City of Fort Worth
�.
By:
Name: _Fernando Costa
Title: Assistant City Manager
Date: May 8, 2023
Approval Recommended:
By:
Name:
_Victor Turner
Title:
Department Director
Attest:
4.�'044pgq
q F FORT °oa
°°090,
f.g
OVo °=0
�
d
aQd uEX4544p
By:
V
Name:
Jannette Goodall
Title:
City Secretary
PERFORMER:
Knice 2 Know "K2K"
By: Nichola (May 8, 202313:14 CDT)
Name: _Nicholas Hubbard
Title: _Band Leader/CEO
Email Address: k2kmusiccalendar(&2mail.com
Phone number: 817-455-2794
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:
Name: _Sonia Singleton
Title: Assistant Director
Approved as to Form and Legality:
By: 9.-' u)fa.
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
Knice 2 Know Band Contract Agreement
TERMS AND CONDITIONS
This is a contract agreement that Knice 2 Know 11K2K" Band will perform for:
City of Fort Worth -Texas Association of Community Action Agencies 2023 Annual Training Conference:
Wednesday May 241h 2023 Time: 8:00pm-10:00pm Location: Hilton Hotel 815 Main Fort Worth Tx
76102 The amount agreed per City of Fort Worth $2400.00 dollars for event. A DEPOSIT OF $1200.00 IS
DUE by on Wednesday May 1011h2023 IN ORDER TO HOLD EVENTS CALENDAR DATE ON Wednesday May
24thth 2023!!! A REMAINING BALANCE $1200.00 by paypal,cash app, zelle, or other forms of payment
WILL BE DUE ON Wednesday May 24th 2023 THE DAY OF EVENT before the band performs!!! NOTE:
ONCE ENTIRE BALANCE IS PAID. NO REFUNDS -NO EXCEPTIONSHH!NO REFUNDS ON DEPOSITS!!!! NO
EXCEPTIONS!!!!!! NOTE: Knice 2 Know is not responsible for any event not starting on time, nor time
going over that exceeds booked time & any other delays that may be caused OR ANY TYPE OF WEATHER
CONDITIONS NO EXCEPTIONS!!!!!!!
Knice 2 Know Band will provide: 4-7 piece band plus Sound & Equipment for the day of event.
CLIENT: City of Fort Worth
CONTACT: Paula Jackson (817)269-1704
By signing this formal agreement I consent with all Terms & Conditions set forth by Knice 2 Know Band.
A9
Client name & date
NIUYO(Q
Nicholas Hubbard (May 8, 2023 13:14 CDT)
Knice 2 Know Representative