HomeMy WebLinkAboutContract 61264CSC No. 61264
FORT WORTHS
VENDOR SERVICES AGREEMENT
This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, and Crazy
Burger ("Vendor"), each individually referred to as a "party" and collectively referred to as the "parties."
1. Scope of Services. The vendor will provide a food truck to service guests at the City's
Neighborhood Improvement Planning Block Parties on April 20th, 2024, and April 27th, 2024
for two hours each day/from 12pm-2pm.
2. Term. This Agreement begins on April 201h, 2024 and April 27th, 2024 ("Effective Date") and
expires on April 21st, 2024 and April 281, 2024 ("Expiration Date"), unless terminated earlier in
accordance with this Agreement ("Initial Term").
3. Compensation. Total compensation under this Agreement will not exceed $2,700 Dollars
($1,350.00 per event). Vendor will not perform any additional services or bill for expenses incurred
for City not specified by this Agreement unless City requests and approves in writing the additional
costs for such services. City will not be liable for any additional expenses of Vendor not specified
by this Agreement unless City first approves such expenses in writing.
4. Termination. City or Vendor may terminate this Agreement at any time and for any reason
by providing the other party with 30 days' written notice of termination.
5. Right to Audit. Vendor agrees that City will, until the expiration of three (3) years after final
payment under this Agreement, or the final conclusion of any audit commenced during the said
three years, have access to and the right to examine any directly pertinent books, documents, papers
and records of Vendor involving transactions relating to this Agreement. City will give Vendor
reasonable advance notice of intended audits.
6. Independent Contractor. It is expressly understood and agreed that Vendor 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, Vendor 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, Vendors, and subcontractors. Vendor acknowledges that the
doctrine of respondeat superior will not apply as between City, its officers, agents, servants and
employees, and Vendor, its officers, agents, employees, servants, contractors, and subcontractors.
Vendor further agrees that nothing herein will be construed as the creation of a partnership or joint
enterprise between City and Vendor. It is further understood that City will in no way be considered
a Co -employer or a Joint employer of Vendor or any officers, agents, servants, employees,
contractors, or subcontractors. Neither Vendor, nor any officers, agents, servants, employees,
contractors, or subcontractors of Vendor will be entitled to any employment benefits from City.
OFFICIAL RECORD
Vendor Services Agreement CITY SECRETARY page 1 of 5
FT. WORTH, TX
Vendor 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, contractors, or contractors.
7. Liability and Indemnification.
7.1 LIABILITY- VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY AND
ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY
THE NEGLIGENT ACTS) OR OMISSION(S), MALFEASANCE OR INTENTIONAL
MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
7.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTSAND EMPLOYEES, FROMAND AGAINSTANY
AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER
REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS
(INCL UDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY
RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING
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 VENDOR, ITS OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
8. Insurance. Vendor must provide City with certificate(s) of insurance documenting policies of
the following types and minimum coverage limits that are to be in effect prior to commencement
of any Services pursuant to this Agreement:
8.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
(b) Automobile Liability:
$1,000,000 - Each occurrence on a combined single limit basis
Coverage will be on any vehicle used by Vendor, or its employees, agents, or
representatives in the course of providing Services under this Agreement. "Any
vehicle" will be any vehicle owned, hired and non -owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the Services are being performed
Employers' liability
Vendor Services Agreement Page 2 of 5
$100,000 -
Bodily Injury by accident; each accident/occurrence
$100,000 -
Bodily Injury by disease; each employee
$500,000 -
Bodily Injury by disease; policy limit
(d) Professional Liability (Errors & Omissions):
$1,000,000 - Each Claim Limit
$1,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage must be claims -made, and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance must be submitted to City to evidence coverage.
8.2 General Requirements
(a) The commercial general liability and automobile liability policies must
name City as an additional insured thereon, as its interests may appear. The term
City includes its employees, officers, officials, agents, and volunteers in respect to
the contracted services.
(b) The workers' compensation policy must include a Waiver of Subrogation
(Right of Recovery) in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage must be provided to City. Ten (10) days' notice will be
acceptable in the event of non-payment of premium. Notice must be sent to the
Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102,
with copies to the Fort Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have a minimum rating of A- VII
in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is
below that required, written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance
documentation will not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance will be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
9. Notices. Notices required pursuant to the provisions of this Agreement will be conclusively
determined to have been delivered when (1) hand -delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of
Vendor Services Agreement Page 3 of 5
the transmission, or (3) received by the other party by United States Mail, registered, return receipt
requested, addressed as follows:
Iml e]0rd
City of Fort Worth
Attn: Assistant City Manager
200 Texas Street
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
With copy to Fort Worth City Attorney's Office at
same address
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Crazy Burger
Clearfork Food Park, Fort Worth, TX.
817-583-3751
10. Governmental Powers. It is understood and agreed that by execution of this Agreement, City
does not waive or surrender any of its governmental powers or immunities.
11. Governing Law / Venue. This 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 this 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.
12. Signature Authoritv. The person signing this Agreement hereby warrants that they have the
legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order, resolution, ordinance or other authorization of the
entity.
(signature page follows)
Vendor Services Agreement Page 4 of 5
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
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By:
Name: Fernando Costa
Title: Assistant City Manager
Date: Apr 12, 2024
APPROVAL RECOMMENDED:
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By:
Name: Amy Connolly
Title: NSD, Acting Director
ATTEST:
By.
Name: Jannette Goodall
Title: City Secretary
VENDOR:
Crazy Burger
Ary Horta (Apr 8, 2024 19:23 CDT)
By:
Name: Ary Horta
Title: Owner
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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.
B:
Name: Joshua Hezlep_
Title: Neighborhood Program Coordinator
APPROVED AS TO FORM AND LEGALITY:
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By:
Name: Jessika Williams
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C:
Form 1295:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Vendor Services Agreement Page 5 of 5