HomeMy WebLinkAboutContract 55128-T1 CSC No. 55128-T1
TERMINATION AND RELEASE AGREEMENT
Trust Fund Event Support Contract
City Secretary Contract Number 5.5128
This TERMINATION AND RELEASE AGREEMENT ("Termination Agreement")
is made and entered into by and between the City of Fort Worth ("City"), a home-rule municipal
corporations, acting by and through its duly authorized representative, FORT WORTH
CONVENTION AND VISITORS BUREAU,d/b/a VISIT FORT WORTH("VFW"),a Texas
non-profit corporation; and UNITED STATES FENCING ASSOCIATION D/B/A USA
FENCING ("USAF"), a Colorado non-profit corporation. The City, VFW and USAF are
collectively referred to herein as the "Parties".
The following statements are true and correct and form the basis upon which the parties
have entered into this Agreement:
WHEREAS, City, VFW, and USAF are currently parties to a Trust Fund Event Support
Contract, pursuant to which the City has agreed to reimburse certain costs relating to the USA
Fencing 2021 March North American from March 19-22, 2021 ("Event"), the same being Fort
Worth City Secretary Contract Number 55128 ("Agreement").
WHEREAS, due to the recent events surrounding COVID-19, USAF has cancelled the
Event and rescheduled a new event named the 2021 April North American Cup to include new
event dates of April 16-19, 2021;
WHEREAS, this change will require the submission of a new application to the EDT to
establish a new Event Trust Fund and a new Trust Fund Event Support Contract for the new event;
WHEREAS,the Parties desire to terminate the Agreement; and
NOW,THEREFORE,in consideration of the mutual covenants,promises and obligations
contained herein, the parties agree as follows:
1. The Parties agree that the recitals set forth above are true and correct and form the basis of
this Termination Agreement.
2. The Agreement is hereby terminated effective as of February 23, 2021.
3. VFW and USAF, and their officers, representatives, successors, and assigns, do hereby
fully, finally, completely, generally, and forever release,discharge, and relinquish the City, and its
respective officers, directors, elected officials, current and former employees, agents, attorneys,
successors, and assigns from any and all claims, actions, demands, liens, and causes of action of
whatever kind or character, at law or in equity, whether known or unknown; present or future;
liquidated or unliquidated; asserted or un-asserted;joint or several; matured or unmatured; direct,
indirect, or derivative; or fixed or contingent that VFW and USAF have or might claim to have
against the City related to the Agreement. OFFICIAL RECORD
CITY SECRETARY
Termination Agreement for Events Trust Fund Agreement FT. WORTH, TX
4. This Termination Agreement may be executed in multiple originals each of which shall be
deemed an original for all purposes.
5. If any action, whether real or asserted, at law or in equity, arises on the basis of' any
provision of this Termination Agreement, venue for such action shall lie in state courts located in
Tarrant County, Texas or the United States District Court for the Northern District of Texas— Fort
Worth Division. This Agreement shall be construed in accordance with the laws of the State of
Texas.
6. This Termination Agreement contains the entire understanding and agreement between the
City and the Parties as to matters contained herein. Any prior or contemporaneous oral or written
agreement is hereby declared null and void to the extent it is in conflict with the terms and
conditions of this Termination Agreement.
7. All terms in this Termination Agreement that are capitalized but not defined shall have the
meanings assigned to them in the Agreement.
8. This Termination Agreement may be executed by electronic signature, which will be
considered as an original signature for all purposes and have the same force and effect as an
original signature. For these purposes, "electronic signature" means electronically scanned and
transmitted versions (e.g. via pdf file or facsimile transmission) of an original signature, or
signatures electronically inserted via software such as Adobe Sign.
IN WITNESS WHEREOF,the parties hereto have executed this Termination Agreement in
multiples.
CITY OF FORT WORTH UNITED STATES FENCING
ASSOCIATION,DB/A USA FENCING,
_ a Colorado nonprofit corporation
By Jesus Chapa(Mar 1,202117:51 CST) By:
Jay Chapa Bridg Toelle
Deputy City Manager Chief Financial Officer
Date: Date:
APPROVED AS TO FORM FORT WORTH CONVENTION AND
AND LEGALITY: VISITORS BUREAU, DB/A VISIT
FORT WORTH a Texas non-profit
By: 4,
corporation
Tyler F. Wallach
Assistant City Attorney By: 4KD�M1�
ob rt Jameson
OFFICIAL RECORD
CITY SECRETARY
Termination Agreement for Events Trust Fund Agreement FT. WORTH, TX
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CITY OF FORT WORTH USE ONLY
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.
Brandy gnerr
Program Coordinator
Contract Authorization:
City Council Resolution Number 3513-08-2007
OFFICIAL RECORD
CITY SECRETARY
Termination Agreement for Events Trust Fund Agreement
FT. WORTH, TX