HomeMy WebLinkAboutContract 57177 CSC No. 57177
ADDENDUM TO BOOKING AGREEMENT
BETWEEN
THE CITY OF FORT WORTH
AND
THE GEORGE VALENCIA HOTEL GROUP
This Addendum to the Booking Agreement("Addendum") is entered into by and between
The George Valencia Hotel Group ("Vendor") and the City of Fort Worth ("City"), collectively
the"parties", for a purchase of licenses.
The Contract documents shall include the following:
1. The Booking Agreement; and
2. This Addendum.
Notwithstanding any language to the contrary in the attached Guestroom Booking
Agreement (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. Term. The Agreement shall become effective upon the signing of the Agreement
by an Assistant City Manager of the City(the"Effective Date") and shall expire One (1)year after
the Effective Date (the Expiration Date"), unless terminated earlier in accordance with the
provisions of the Agreement or otherwise extended by the parties.The Agreement may be renewed
for zero (0) of renewals at City's option, each a"Renewal Term." City shall provide Vendor with
written notice of its intent to renew at least thirty (30) days prior to the end of each term.
2. Termination.
a. Convenience. Either City or Vendor may terminate the Agreement at any
time and for any reason by providing the other party with 30 days written notice of
termination.
b. Breach.If either party commits a material breach of the Agreement,the non-
breaching Party must give written notice to the breaching party that describes the breach
in reasonable detail. The breaching party must cure the breach ten (10) calendar days after
receipt of notice from the non-breaching party, or other time frame as agreed to by the
parties. If the breaching party fails to cure the breach within the stated period of time, the
non-breaching party may, in its sole discretion, and without prejudice to any other right
under the Agreement, law, or equity, immediately terminate this Agreement by giving
written notice to the breaching party.
C. Fiscal Funding Out. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify
Vendor of such occurrence and the Agreement shall terminate on the last day of the fiscal
OFFICIAL RECORD
Addendum CITY SECRETARY
FT.WORTH, TX
period for which appropriations were received without penalty or expense to the City of
any kind whatsoever, except as to the portions of the payments herein agreed upon for
which funds have been appropriated.
d. Duties and Obligations of the Parties. In the event that the Agreement is
terminated prior to the Expiration Date, City shall pay Vendor for services actually
rendered up to the effective date of termination and Vendor shall continue to provide City
with services requested by City and in accordance with the Agreement up to the effective
date of termination. Upon termination of the Agreement for any reason, Vendor shall
provide City with copies of all completed or partially completed documents prepared under
the Agreement. In the event Vendor has received access to City information or data as a
requirement to perform services hereunder, Vendor shall return all City provided data to
City in a machine readable format or other format deemed acceptable to City.
3. Attorneys' Fees, Penalties, and Liquidated Damages. To the extent the attached
Agreement requires City to pay attorneys' fees for any action contemplated or taken, or penalties
or liquidated damages in any amount, City objects to these terms and any such terms are hereby
deleted from the Agreement and shall have no force or effect.
4. Law and Venue. The 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 state of
Texas, exclusive of conflicts of laws provisions. Venue for any suit brought under the Agreement
shall be in a court of competent jurisdiction in Tarrant County,Texas. To the extent the Agreement
is required to be governed by any state law other than Texas or venue in Tarrant County, City
objects to such terms and any such terms are hereby deleted from the Agreement and shall have
no force or effect.
5. 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 City to purchase insurance, 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. City will provide a letter of self-insured status as
requested by Vendor.
6. Sovereign Immunity_. Nothing herein constitutes a waiver of City's sovereign
immunity. To the extent the Agreement requires City to waive its rights or immunities as a
government entity; such provisions are hereby deleted and shall have no force or effect.
7. Limitation of Liability and Indemnity. To the extent the Agreement, in any way,
limits the liability of Vendor or requires City to indemnify or hold Vendor or any third party
harmless from damages of any kind or character, City objects to these terms and any such terms
are hereby deleted from the Agreement and shall have no force or effect.
8. No Debt. In compliance with Article 11 § 5 of the Texas Constitution, it is
understood and agreed that all obligations of City hereunder are subject to the availability of funds.
Addendum Page 2 of 5
If such funds are not appropriated or become unavailable, City shall have the right to terminate the
Agreement except for those portions of funds which have been appropriated prior to termination.
9. Confidential Information. City is a government entity under the laws of the State
of Texas and all documents held or maintained by City are subject to disclosure under the Texas
Public Information Act. To the extent the Agreement requires that City maintain records in
violation of the Act,City hereby objects to such provisions and such provisions are hereby deleted
from the Agreement and shall have no force or effect.In the event there is a request for information
marked Confidential or Proprietary,City shall promptly notify Vendor. It will be the responsibility
of Vendor to submit reasons objecting to disclosure. A determination on whether such reasons are
sufficient will not be decided by City, but by the Office of the Attorney General of the State of
Texas or by a court of competent jurisdiction.
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 City,the terms in this Addendum shall control.
11. Immigration Nationality Act. Vendor shall verify the identity and employment
eligibility of its employees who perform work under this Agreement, including completing the
Employment Eligibility Verification Form (I-9). Upon request by City,Vendor shall provide City
with copies of all I-9 forms and supporting eligibility documentation for each employee who
performs work under this Agreement. Vendor shall adhere to all Federal and State laws as well as
establish appropriate procedures and controls so that no services will be performed by any Vendor
employee who is not legally eligible to perform such services. VENDOR SHALL INDEMNIFY
CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR
LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S
EMPLOYEES,SUBCONTRACTORS,AGENTS,OR LICENSEES.City,upon written notice
to Vendor, shall have the right to immediately terminate this Agreement for violations of this
provision by Vendor.
12. No Boycott of Israel. If Vendor has fewer than 10 employees or the Agreement is
for less than $100,000,this section does not apply. Vendor acknowledges that in accordance with
Chapter 2270 of the Texas Government Code, 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 Addendum, Vendor
certifies that Vendor's signature provides written verification to City that Vendor: (1) does not
boycott Israel; and(2) will not boycott Israel during the term of the Agreement.
13. Right to Audit. Vendor agrees that City shall,until the expiration of three(3)years
after final payment under the Agreement, have access to and the right to examine any directly
pertinent books, documents, papers and records of Vendor involving transactions relating to the
Agreement. Vendor agrees that City shall have access during normal working hours to all
necessary Vendor facilities and shall be provided adequate and appropriate workspace in order to
Addendum Page 3 of 5
conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable
advance notice of intended audits.
14. Prohibition on Boycotting Energy Companies. Vendor acknowledges that in
accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg.,
R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that
has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City
with a company with 10 or more full-time employees unless the contract contains a written
verification from the company that it: (1) does not boycott energy companies; and (2) will not
boycott energy companies during the term of the contract. The terms "boycott energy company"
and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code,as added by Acts 2021, 87th Leg.,R.S.,S.B. 13, §2. To the extent that Chapter
2274 of the Government Code is applicable to this Agreement,by signing this Agreement,Vendor
certifies that Contractor's signature provides written verification to the City that Contractor: (1)
does not boycott energy companies; and(2)will not boycott energy companies during the term of
this Agreement.
15. Prohibition on Discrimination Against Firearm and Ammunition Industries.
Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited
from entering into a contract for goods or services that has a value of$100,000 or more that is to
be paid wholly or partly from public funds of the City with a company with 10 or more full-time
employees unless the contract contains a written verification from the company that it: (1) does
not have a practice, policy, guidance, or directive that discriminates against a firearm entity or
firearm trade association; and (2) will not discriminate during the term of the contract against a
firearm entity or firearm trade association. The terms"discriminate,""firearm entity"and"firearm
trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code,as added by Acts 2021, 87th Leg.,R.S.,S.B. 19, § 1. To the extent that Chapter
2274 of the Government Code is applicable to this Agreement,by signing this Agreement,Vendor
certifies that Contractor's signature provides written verification to the City that Contractor: (1)
does not have a practice, policy, guidance, or directive that discriminates against a firearm entity
or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade
association during the term of this Agreement.
(signature page follows)
Addendum Page 4 of 5
ACCEPTED AND AGREED:
CITY:
City of Fort Worth Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract,including ensuring all
By. Valerie Washington(Feb 24,202214:22 CST) performance and reporting requirements.
Name: Valerie R. Washington
Title: Assistant City Manager
Feb 24 2022
Date: By: Raymf d Hill(Feb 24,202212:50 CST)
Name: Raymond Hill
Approval Recommended: Title: Assistant Fire Chief
Approved as to Form and Legality:
By: J s Davis(Feb 24,2022 13:32 CST)
Name: James E.Davis
Title: Fire Chief By:
Name: Taylor C. Paris
Attest: Title: Assistant City Attorney
Contract Authorization:
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By: Jannette S.Goodall(Feb24,2022 15:25 CST)
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Title: City Secretary �9`A. ��9��
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By: Jessica Wells(Feb 24,202210:05 CST)
Name: Jessica Wells
Title: Group Sales Manager
Date: Feb 24, 2022
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Addendum Page 5 of 5
City of Fort Worth
March 21, 2022 - March 24, 2022
Page 2 of 10
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GUESTROOM BOOKING AGREEMENT
The following represents an Agreement between The George and City of Fort Worth and outlines
specific conditions and services to be provided.
Date February 10, 2022
Organization Name: City of Fort Worth
Meeting/Event Name: City of Ft. Worth Fire Department 3.21
Meeting Dates: March 21, 2022 - March 24, 2022
Contact: Betty Santos
Title: Administrative Assistant
Address: 200 Texas St
City/State/Zip: Ft. Worth, TX 76102
Telephone: (817) 392-6174
E-Mail: betty.santos@fortworthtexas.gov
Hotel Contact: Jessica Wells
Title: Group Sales Manager
Telephone: (979) 485-5638
E-mail: jwells@valenciagroup.com
The George
Valencia Hotel Group
180 Century Court I College Station, TX 177840
www.thegeorgetexas.com
Hotel (979)485-5638 1 Reservations 844.599.3871
vin
Please Initial
City of Fort Worth
March 21, 2022 - March 24, 2022
Page 3 of 10
GUESTROOM COMMITMENT & RATES
The George is presently holding the following block of overnight guest rooms for City of Fort Worth
use on a tentative basis, pending the signed Agreement.
The George - City of Ft. Worth Fire Department 3.21 - USD
Deluxe King Non- Classic King
Smoking Non-Smoking
Mon Guestrooms 25 25
3/21/2022 Rate 96.00 96.00
Tue Guestrooms 25 25
3/22/2022 Rate 96.00 96.00
Wed JGuestrooms 1 25 25
3/23/2022 1 Rate 1 96.00 96.00
Unless otherwise specified the above rates are based on single and double occupancy, two (2)
adults per room. Each additional adult up to four(4) adults per room will incur an extra charge of
$20.00 per person, per night. Children under the age of 17, staying with a parent or legal guardian,
stay complimentary.
Should City of Fort Worth request luggage attention, there is a porterage fee of$6.00 round trip.
Gratuities go directly to the employees who are responsible for the deliveries.
The above non-com missionable rates are subject to applicable state, city, and county taxes
currently at 15.75% per room, per night, and are subject to change without notice.
CONCESSIONS
As a special consideration, The George, is pleased to provide City of Fort Worth with the following:
• Complimentary WI-FI in all public areas, overnight guestrooms, and throughout the
meeting & event space.
• Complimentary daily and overnight self-parking based upon availability.
Special considerations are based on City of Fort Worth meeting its contractual obligations to The
George. If contractual terms and conditions are not met special considerations will not apply.
ESTIMATED GROUP ROOM REVENUE
Based on the committed room block of 150 room nights the estimated room revenue is$14,400.00
plus applicable taxes.
RESERVATION CUT-OFF DATE
Upon receipt of a signed copy of this Agreement and the completed credit card authorization The
George shall:
• Hold the block of overnight sleeping rooms outlined above until 6:00 pm (Central
Standard Time) on Monday, February 28, 2022. At that time rooms not reserved
by rooming list or individual reservations will be released for general sale.
The George
Valencia Hotel Group
180 Century Court I College Station, TX 177840
www.thegeorgetexas.com
Hotel (979)485-5638 1 Reservations 844.599.3871
VIO
Please Initial
City of Fort Worth
March 21, 2022 - March 24, 2022
Page 4 of 10
• The George will continue to accept reservations at the prevailing rate based on
room availability and group rate.
• The City of Fort Worth rate will be available two (2) days before and two (2) days
after the contracted room block, based on the group rate and room availability.
The release of unreserved guestrooms by the reservation deadline does not release City
of Fort Worth of the obligation as outlined in this contract.
ROOMING LIST PROCEDURE
The George understands that overnight guestroom reservations will be provided in the form of a
rooming list.
• All reservations will need to be received by The George before City of Fort Worth
cut-off date of February 28, 2022.
• Overnight guestrooms submitted through a rooming list will be guaranteed to the
City of Fort Worth Master Account.
• Unless otherwise advised, The George will assume that all Guests of City of Fort
Worth will be responsible for payment of their room, tax, and incidental charges.
CHECK-IN/CHECK-OUT TIMES
The City of Fort Worth guest may check-in to their guestrooms after 3:00 p.m. Check-out time is
noon.
NO SHOW
If the City of Fort Worth guest fails to check-in on the scheduled date of arrival and cancellation
was not made forty-eight (48) hours before the scheduled day of arrival, a one (1) night's `no
show' billing will be charged to the guest's credit card or Master Account.
GROUP ROOM ATTRITION
The George is relying upon City of Fort Worth to utilize 150 room nights over the dates of March
21, 2022 - March 24, 2022. Should the room nights utilized by City of Fort Worth be less than
90% of the committed room nights, City of Fort Worth agrees to pay, as liquidated damages and
not as a penalty, the difference between 90% of the committed room block and City of Fort Worth
actual usage of rooms, multiplied by the average group rate and applicable taxes, subject to
change without notice. i,
VM• Please Initial
The percentage of the allowed above attrition has been taken into consideration in establishing
and providing City of Fort Worth with a competitive contract and shall remain in effect up until City
of Fort Worth cut-off date of February 28, 2022. After this date City of Fort Worth is responsible
for 100% of the current pick-up or of the City of Fort Worth contracted room block minus the
contracted attrition percentage, whichever is greater. The George will continue to accept
reservations at the prevailing rate based on room availability after the cut-off date of February
28, 202Z based on availability and group rate.
Please Initial
The George
Valencia Hotel Group
180 Century Court I College Station, TX 177840
www.thegeorgetexas.com
Hotel (979)485-5638 1 Reservations 844.599.3871
Lo
Please Initial
City of Fort Worth
March 21, 2022 - March 24, 2022
Page 5 of 10
RELOCATION OF GUEST
In the event The George is unable to provide the City of Fort Worth guest with a guaranteed
reservation, The George will secure a guestroom at a comparable hotel. The George will provide
alternate accommodations of equal or better quality, The George will provide return transportation
to The George when the accommodations are available, and the City of Fort Worth guest will
receive an amenity and a letter of apology from the General Manager.
HONOR BAR
The rooms at The George include a full-size fully stocked Honor Bar. Should City of Fort Worth
request the Honor Bar to be emptied before the City of Fort Worth guests arrival, there will be a
$35.00 per room removal fee applied to the City of Fort Worth Master Account. City of Fort Worth
must notify their Convention Services Manager, Catering Manager, or Sales Manager of this
request one (1) week in advance of the City of Fort Worth group's arrival date.
GIFT BAG DELIVERY
If City of Fort Worth provides gift bags to the City of Fort Worth guest, City of Fort Worth must
notify The George one (1) week in advance. The George has no liability for the delivery, security,
or condition of the packages. A $3.00 per bag charge will apply for gift bags given to the City of
Fort Worth guests upon check-in. A$5.00 per bag charge will apply for gift bags delivered directly
to the City of Fort Worth guest rooms after check-in. This fee goes directly to the employees who
are responsible for the deliveries. Should City of Fort Worth actualize, twenty-five (25) or more
room nights The George will waive the $3.00 fee for gift bags given to the City of Fort Worth guest
upon check-in.
To coordinate the gift bag delivery, the gift bags must be received three(3) days before the
arrival date of the first City of Fort Worth guest.
Please Initial
PARKING
The George is pleased to offer complimentary overnight and daily event self-parking based on
availability. Valet parking is available to your guests at a cost.
INTERNET &AUDIO-VISUAL EQUIPMENT
The George offers complimentary wired and wireless internet access throughout the property.
Some services are considered premium and may incur additional fees for item(s) or service(s).
City of Fort Worth must provide a 14-day notice for premium items or services to the Conference
Service, Sales, or Catering Manager for verification of services needed. The George reserves the
right to decline services at any time without subject to prior notification. Prices are subject to
change. Audiovisual equipment is available for rental from Five Star Audiovisual. All audiovisual
charges will be added to the City of Fort Worth Master Account. Outside audiovisual is not
allowed.
The George
Valencia Hotel Group
180 Century Court I College Station, TX 177840
www.thegeorgetexas.com
Hotel (979)485-5638 1 Reservations 844.599.3871
mo
Please Initial
City of Fort Worth
March 21, 2022 - March 24, 2022
Page 6 of 10
VOLUME LEVEL
To ensure the satisfaction of The George guests (both attending functions and overnight guests),
it is necessary for the City of Fort Worth host to advise the Conference Service, Sales, or Catering
Manager of any program or entertainment which could cause disturbances to any other guests.
The George reserves the right to have full control of volume levels of the City of Fort Worth group
if the noise affects other hotel guests or groups. The George reserves the right to discontinue
any function where the City of Fort Worth host is unable or refuses to eliminate the disturbance.
SIGNS & BANNERS
Nothing is to be taped, tacked, nailed, or otherwise affixed to the wall or ceilings in any way. Signs
or banners are not allowed in the lobby of The George or throughout the meeting & event space
without prior approval from the Conference Service, Sales, or Catering Manager.
SHIPPING & PACKAGES
In the event of shipping packages to The George, City of Fort Worth must notify the hotel one (1)
week in advance. All packages sent to The George must include the name of the group, date of
the program, and the number of items or boxes shipped. Shipment should arrive no earlier than
three (3) days before the event. The George has no liability for the delivery, security, or condition
of the packages. There is a $5.00 per box ingress and $5.00 egress for the movement of boxes.
This fee goes directly to the employees who are responsible for the deliveries.
PROHIBITED ITEMS
For the safety of the City of Fort Worth guests, and the guests of The George, the following items
are not_permitted; open flame, confetti, rice, orthe placement of items to the walls throughout The
George or the meeting & event space.
An $800.00 clean-up fee will be added to the final invoice should the prohibited items be utilized
without prior approval from the Conference Service, Catering, or Sales Manager.
THIRD-PARTY REPRESENTATIVE
It is necessary for the City of Fort Worth host to advise the Conference Service, Sales, or Catering
Manager of any third-party vendors that have been secured to assist City of Fort Worth in the
planning and execution of the event. It is required that the Conference Service, Sales, or Catering
Manager receive a copy of the contractual agreement outlining the set-up, tear-down, equipment,
and services that the third-party vendor will be provided on City of Fort Worth behalf.
TAX EXEMPTION
If City of Fort Worth maintains tax-exempt status, City of Fort Worth must provide The George
with a tax exemption certificate fourteen (14) days before arrival to be exempt from tax charges
as allowed by the city, state, or federal governments.
DIRECT BILL PROCESS &APPROVAL
If City of Fort Worth chooses to establish credit with The George a completed direct bill application
must be completed and returned with the signed agreement. Approval and credit amount are at
the discretion of the The George Accounting Department. The minimum amount must equal
$15,000 or above, and The George must have a minimum of six weeks for processing of the
The George
Valencia Hotel Group
180 Century Court I College Station, TX 177840
www.thegeorgetexas.com
Hotel (979)485-5638 1 Reservations 844.599.3871
Please Initial
City of Fort Worth
March 21, 2022 - March 24, 2022
Page 7 of 10
application. In the event credit is not approved, prepayment of all estimated charges is required
by three (3) business days before arrival.
PAYMENT DUE DATE
Should credit be extended to City of Fort Worth, the Direct Bill Master Account charges will be
due and payable within the final receipt of the invoice. Any balance not paid within thirty(30) days
will be subject to a finance charge at the rate of 1.5% per month (18% annual rate) or the
maximum allowed by law on the unpaid undisputed balance commencing on the invoice date.
APPROVED BILLING ARRANGEMENTS
Please confirm the detailed information regarding charges to be posted to the Master Account
and additional person(s) authorized to add or make changes to the billing Master Account.
Billing Charges Approved Charges to Master Account
Room & Tax Master
Incidentals Individual
Valet Parking Individual
Baggage Handing USD $3.00 in and USD Individual
Special Deliveries USD $5.00 each Individual
Additional persons authorized to sign master account charges
HOLD HARMLESS
City of Fort Worth agrees to hold harmless The George from all damages or destruction including
theft or mysterious disappearance of all equipment owned by or leased to City of Fort Worth. City
of Fort Worth acknowledges The George cannot be responsible for the safekeeping of equipment,
supplies, written material, or other valuable items left in the function rooms. Accordingly, City of
Fort Worth acknowledges that it will be responsible for providing security of any such items above
and at this moment assumes the responsibility for loss thereof. The George carries liability and
other insurance protecting it against claims arising from activities conducted in the facility for
which the facility and its agents and employees are legally responsible for the scheduled dates
outlined. It is advised City of Fort Worth carry liability insurance to protect itself from any claims
arising during the above dates for which it or its agents and employees are legally responsible.
INSURANCE & INDEMNIFICATION
The George and City of Fort Worth each agrees to carry adequate personal property, liability, and
other insurance protecting itself against any claims arising from any activities conducted in The
George during the event. Upon request, City of Fort Worthshall provide a certificate evidencing
such insurance to The George. The George shall not be responsible for the security of exhibits,
presentation materials, or other personal property of City of Fort Worthor, its exhibitors unless The
The George
Valencia Hotel Group
180 Century Court I College Station, TX 177840
www.thegeorgetexas.com
Hotel (979)485-5638 1 Reservations 844.599.3871
mo
Please Initial
City of Fort Worth
March 21, 2022 - March 24, 2022
Page 8 of 10
George has otherwise agreed to accept such responsibility in writing. City of Fort Worth
acknowledges that The George, its owners, and operator do not maintain insurance coverage
covering such exhibits, materials, or personal property. Each party now indemnifies and holds the
other harmless from any loss, liability, costs or damages arising from actual or threatened claims
or causes of action resulting from the gross negligence or intentional misconduct of such party or
its respective officers, directors, employees, agents, contractors, members or participants (as
applicable).
COMPLIANCE WITH LAW
This Agreement is subject to all applicable federal, state, and local laws, including health and
safety codes, alcoholic beverage control laws, and Americans with Disabilities Act.
AMERICANS WITH DISABILITIES ACT
Both The George and City of Fort Worth shall be responsible for compliance with the public
accommodation requirements of the Americans with Disabilities Act as defined by law. The The
George shall provide, to the extent required by the Act, such auxiliary aids and/or services as may
be reasonably requested by City of Fort Worth if City of Fort Worth gives reasonable advance
written notice to the The George. City of Fort Worth shall be responsible for the cost of any
auxiliary aids and services (including engagement of and payment to specialized service
providers, such as sign language interpreters), other than those types and quantities required by
the Act.
CONFIDENTIALITY
Each party acknowledges that they may have access to certain confidential data not generally
known about the other parties' business or information that is required to be maintained as
confidential on behalf of a third party, such as certain sales information, marketing strategies,
market forecasts, and trade secret information (collectively, the "Confidential
Information"). Confidential Information constitutes valuable and unique assets of the respective
parties' businesses. Each party agrees that it will not disclose, and will direct its employees not
to disclose, any Confidential Information or furnish copies of any written materials relating to the
Confidential Information to any other person, firm or entity, except to the extent that disclosure
may be required by this Contract or by law. If the disclosure of Confidential Information is required
by law, each party agrees to give the other reasonable notice prior to disclosure so that it has an
opportunity to obtain a protective order. Each party further agrees that it will not use the
Confidential Information for its own benefit or for the benefit of any other firm or business with
which it may be associated. Immediately following termination of this Contract for any reason
whatsoever, each party will return all Confidential Information in its possession. The term
"Confidential Information" does not include any information that (i) was lawfully in the non-
disclosing party's possession prior to any disclosure by the disclosing party, (ii) is independently
developed by the non-disclosing party, so long as such party can establish such independent
development by appropriate documentation or (iii) is or becomes generally available to the public
other than because of disclosure in violation of this Contract. Any of either party's employees,
vendors or third-party suppliers that have access to any Confidential Information will be advised
of this obligation of confidentiality, the effect of which will be to bind such employees, vendors,
and third-party suppliers to the terms of this Section of the Contract. A violation of the terms of
The George
Valencia Hotel Group
180 Century Court I College Station, TX 177840
www.thegeorgetexas.com
Hotel (979)485-5638 1 Reservations 844.599.3871
VIO
Please Initial
City of Fort Worth
March 21, 2022 - March 24, 2022
Page 9 of 10
this Section by employees, vendors or third-party suppliers will therefore constitute a breach of
this Contract by the party responsible for such persons.
INTELLECTUAL PROPERTY
Both parties agree that (a) nothing in this Contract is intended to convey any ownership or other
rights in the trademarks, service marks, copyrights or other intellectual property rights of either
party (b) ownership of all shall remain the property of each party (c) both parties agree to not use,
nor will it allow or consent to the use by any third parties, under any circumstances whatsoever,
and (d) both parties will not, nor will it consent or allow any third party to, publish or disseminate
in any media, written, electronic or otherwise, any portion of this contract, without the prior written
consent and approval of both parties. The terms of this provision shall survive the expiration or
termination of this Contract.
IMPOSSIBILITY/FORCE MAJEURE
No damages shall be due for a failure of performance occurring due to Acts of God, war, terrorist
act, government regulation, riots, disaster, or strikes, any one of which makes performance
impossible. The ability to terminate this Agreement without liability according to this paragraph is
conditioned upon the delivery of a written notice to the other party setting forth the basis for such
termination as soon as reasonably practical, but in no event longer than ten (10) days, after
learning of such basis.
CANCELLATION
Under the terms of this Agreement, The George is reserving the guestrooms and meeting and
event space described herein for City of Fort Worth use. In the event, these reserved facilities
and related services are not used, The George will experience significant monetary losses.
Notwithstanding any other provision of this Agreement City of Fort Worth shall have the right to
cancel this Agreement without cause upon written notice to The George at any time before the
event and upon payment of an amount based on the following:
Notice after the execution of the contract:
• 100% of the contracted guestroom room revenue
Cancellations within thirty (30) days will be subject to applicable state and local taxes and are
subject to change without notice.
Such action is not a default but rather the exercise of a right under this Agreement to cancel this
Agreement without any further obligation. Such payment shall be by the credit card provided at
the time of signing and shall accompany the notice of the exercise of this cancellation option. Any
purported exercise of this right without the inclusion of payment as set forth above shall not be
valid. This amount is the parties'best estimate at the time this Agreement is executed of the losses
The George will incur because of the non-use of the rooms and the additional incidental revenue
which would have been related to such use and assumes that some number of the unused rooms
may be resold by The George. This payment shall be for liquidated damages and is not a penalty.
The amount due will not vary based on the number of rooms in which The George is ultimately
able to resell. This amount will be due and payable at the time of such cancellation.
The George
Valencia Hotel Group
180 Century Court I College Station, TX 177840
www.thegeorgetexas.com
Hotel (979)485-5638 1 Reservations 844.599.3871
VIO
Please Initial
City of Fort Worth
March 21, 2022 - March 24, 2022
Page 10 of 10
CONTRACTUAL DUE DATE
Guestrooms as confirmed within, are being held on a tentative basis and will be protected for City
of Fort Worth until Friday, February 18, 2022. After this date The George will need a signed copy
of this Agreement along with the approved credit card authorization processed through Canary
Technologies. If written confirmation and the approved payment is not received by this date, The
George shall release these dates for sale. In the event The George receives a request for City of
Fort Worth dates before City of Fort Worth option date, The George will contact City of Fort
Worthand allow three (3) business days for a decision.
AUTHORIZED SIGNATURES
The persons signing this Agreement represent that they have the authority to bind City of Fort
Worth and agree to the terms and conditions. If these arrangements meet with your approval,
please sign and return this agreement to your Convention Service, Catering, or Sales Manager's
attention. Upon receipt of the signed agreement, a unique secured link from Canary Technologies
will be sent directly to the email provided. Payment information must be completed and approved
for this agreement to be considered definite. Upon the receipt of the signed agreement and
approved payment, a fully executed agreement will be returned to City of Fort Worth.
Accepted Accepted
City of Fort Worth The George
I(.� Wei
Valerie Washington(Feb 24,2022 14:22 CST) Jessica Wells(Feb 24,2022 10:05 CST)
Authorized Signature Authorized Signature
Valerie Washington Jessica Wells
Group Sales Manager
Date: Feb 24, 2022 Date: Feb 24, 2022
The George
Valencia Hotel Group
180 Century Court I College Station, TX 177840
www.thegeorgetexas.com
Hotel (979)485-5638 1 Reservations 844.599.3871
Please Initial