HomeMy WebLinkAboutContract 26524 r
CITY SECRETARY
CONTRACT No, �� .c`
FUNDING AGREEMENT
BETWEEN
CITY OF FORT WORTH
AND
INTERNATIONAL SISTER CITY ASSOCIATION OF FORT WORTH, INC.
This FUNDING AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH (the "City"), a home rule municipal corporation
situated in Tarrant and Denton Counties, Texas, whose business address is 1000 Throckmorton,
Fort Worth, TX 76102, acting by and through Charles Boswell, its duly authorized Assistant City
Manager, and the INTERNATIONAL SISTER CITY ASSOCIATION OF FORT WORTH,
INC. (the "Association"), a Texas not-for-profit corporation, acting by and through Mae
Johnson, its duly authorized Executive Director.
In consideration of the mutual covenants, promises and obligations contained herein, the
parties agree as follows:
1. FUNDING AND SCOPE OF SERVICES.
Pursuant to V.T.C.A., Tax Code Chapter 351 and the Code of the City of Fort Worth
("City Code") § 32-17, the City agrees to pay Association during the term of this Agreement the
sum of Two Hundred Third Seven Thousand Eight Hundred and Twenty-Five Dollars
($237,825) from revenue generated by the City's hotel occupancy tax. The City will pay
Association this sum in four (4) quarterly installments of Fifty-nine Thousand Four Hundred
Fifty-six and 25/100 ($59,456.25). In addition, the City agrees to pay Association during the
term of the Agreement the sum of Sixty Thousand Dollars ($60,000) from General Fund revenue
collections. The City will pay this sum in one lump-sum payment.
In return, Association will promote tourism and the convention and hotel industries.
Specifically, Association will coordinate all activities involving the City and its Sister Cities. For
example, Association will coordinate cultural, educational and athletic exchanges. Association
shall also coordinate meeting facilities, hotel accommodations and travel plans in conjunction
with sister City activities. In addition, Association shall perform other services in connection
with Sister Cities activities as the City may request from time to time and shall attend all
meetings as requested by City officials.
2. TERM OF AGREEMENT AND TERMINATION.
(a) This agreement shall commence on October 1, 2000, and end on September 30,
2001. The City may terminate this agreement for just cause by giving Association written notice
not less than thirty (30) days prior to the effective date of such termination.
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(b) If the City exercises its right to terminate this agreement prior to its expiration,
Association's obligations to the City under this agreement shall continue until the date such
termination actually takes effect, On the date of termination, Association shall reimburse to the
City all funds it has received, but not encumbered by contract, pursuant to this Agreement.
(c } In the event that no funds or insufficient funds are appropriated by City in any
fiscal period for any payments due hereunder, City will notify Association of such occurrence
and this Contract shall terminate on the last day of the fiscal period for which appropriations
were received without penalty or expense to City of any kind whatsoever, except as to the
portions of the payments herein agreed upon for which funds shall have been appropriated.
3. ACCOUNTING.
(a) In accordance with V.T.C.A., Tax Code § 351.101(0, Association agrees that the
funds received hereunder may be used for day-to-day operations, supplies, salaries, office rental,
travel expenses, and other administrative costs only if those administrative expenses are incurred
directly in the promotion and servicing expenditures authorized under Tax Code 351.101(a).
(b) Association further agrees that it will maintain all funds received hereunder in a
separate account. Association shall not commingle such funds with any other funds or maintain
such funds in any other accounts. In addition, Association's expenditure of such funds shall
strictly be in accordance with its Budget, attached as Exhibit A and incorporated herein by
reference for all purposes. Association understands and agrees that upon the acceptance of funds
hereunder, a fiduciary duty is created with respect to the expenditure of such funds.
(c) Association shall submit quarterly financial reports to the City that reflect all
receipts and disbursements of funds received pursuant to this agreement. In addition, within
thirty (30) days following the end of the City's fiscal year, Association shall submit to the City
an annual financial report that reflects all receipts and disbursements of such funds received
during the term of this Agreement and that sets forth all other material information pertaining to
the financial activities and financial condition of the Association.
(d) At any time during the term of this agreement, the City shall have the right to
authorize an audit of Association's records as they pertain to its receipt and expenditure of funds
hereunder. Such audits shall be prepared at the City's expense. However, if any such audit
reveals material discrepancies in the Association's records, Association agrees that it shall
reimburse the City for the frill costs of such audit.
4. BOND HOLDER RIGHTS.
The City's obligations and Association's rights under this Agreement shall be subordinate
to and limited by the terms and conditions of all subsequent City ordinances which authorize the
issuance of bonds whose payment is pledged upon the City's hotel occupancy.tax: Association
agrees and understands that rights of the holders of any such revenue bonds shall b'--
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all respects to the rights of Association. However, the City, to the extent practicable, shall give
Association as much prior notice as reasonably possible of the City's intent to issue such bonds.
5. INSURANCE.
(a) Association shall procure and maintain at all times, in full force and effect, a
liability insurance policy as specified herein, naming the City of Fort Worth as an additional
insured and covering all public risks related to the activities performed pursuant to the terms of
this Agreement. Association shall obtain a liability insurance policy with the following
coverages at the following limits:
Bodily Injury and Property Damage:
$250,000 per person;
$500,000 per occurrence
(b) Insurance requirements may be revised at the City's option, and Association will
accordingly increase such amounts within thirty (30) days following written notice to
Association of such requirement. This insurance policy shall be endorsed to provide that no
material changes in coverage, including, but not limited to, cancellation, termination, non-
renewal or amendment, shall be made without thirty (30) day's prior written notice to the City.
(c) Association shall maintain its insurance with underwriters authorized to do
business in the State of Texas and which are satisfactory to the City. As a condition precedent to
the effectiveness of this Agreement, Association shall furnish the City with a certificate of
insurance as proof that it has obtained the types and amounts of insurance coverage required
herein. Copies of the policy shall also be provided if the City so requests. In addition, at any
time Association shall, on demand, provide the City with evidence that it has maintained such
coverage in full force and effect.
6. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Association shall operate as an independent
contractor as to all services and obligations performed hereunder, and not as an agent,
representative or employee of the City. Association shall have the exclusive right to control the
details of its operations and activities and shall be solely responsible for the acts and omissions
of its boards, officers, agents, servants, employees, contractors, subcontractors and members. The
Association acknowledges that the doctrine of respondeat superior shall not apply as between
the City and Association its boards, officers, agents, servants, employees, contractors,
subcontractors and members. Association further agrees that nothing herein shall be construed as
the creation of a partnership or joint enterprise between the City and Association.
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7. INDEMNIFICATION.
ASSOCIATION HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY
FOR PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF
ANY KIND, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH THE RECEIPT OR EXPENDITURE OF CITY FUNDS OR THE
PROVISION OF ANY SERVICES HEREUNDER. ASSOCIATION COVENANTS AND
AGREES TO, AND DOES HEREBY, INDEMNIFY AND HOLD HARMLESS AND
DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES,
FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR EITHER
PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY OF ANY KIND,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CCONNECTION WITH THE RECEIPT OR EXPENDITURE OF CITY FUNDS OR THE
PROVISION OF ANY SERVICES HEREUNDER.
8. ASSIGNMENT.
The Association shall not assign, sell, convey or transfer its interest under this agreement.
Any such attempted assignment of same shall be null and void.
9. NON-DISCRIMINATION COVENANT.
Association agrees that, in all phases of its performance under this Agreement, it shall not
discriminate or permit discrimination against any person, including, but not limited to,
employees or prospective employees of Association, on the basis of race, color, national origin,
religion, handicap, sex, sexual orientation or familial status. Association agrees to comply with
the provisions of Chapter 17, Article III, Division III ("[Discrimination in] Employment
Practices") of the City Code and with state and federal equal opportunity statutes. Association
shall insert similar provisions in all subcontracts for services covered by this Agreement.
10. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this contract, the City does not waive or
surrender any of its governmental powers.
11. NO WAIVER.
The failure of the City to insist upon the performance of any term or provision of this
agreement or to exercise any right granted herein shall not constitute a waiver of the City's right
to insist upon appropriate performance or to assert any such right on any future occasion.
12. VENUE.
Should any action, whether real or asserted, at law or in equity, arise out of the terms of
this contract, venue for said action shall be in Tarrant County, Texas.
13. SEVERABILITY.
If any provision of this agreement shall be held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provision shall not in any way be affected or
impaired.
14. ENTIRETY OF AGREEMENT.
This written instrument, including any documents incorporated herein by reference,
contains the entire understanding and agreement between the City and Museum as to the matters
herein contained. Any prior or contemporaneous oral or written agreement is hereby declared
null and void to the extent in conflict with this Agreement. This Agreement shall not be
amended unless agreed to in writing by both parties and approved by the City Council of the
City.
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IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples
to become effective for the stated term upon the filing with and assignment of a contract number
by the City Secretary's Offi e pf the City of Fort Worth, Texas, this day of
,�� , A.D.
4/11
CITY OF FORT WORTH INTERNATIONAL SISTER CITY
ASSOCIATION OF FORTWORTH
By:_ t . � By:_
Charles Boswell Mae Johnson
Assistant City Manager Executive Director
ATT /)
By: /
C ty Secretary
APPROVED AS TO FORM AND LEGALITY:
aLL �.
AssistUnt City Attorney
CO) FIAICInIII°� ei���11(elrl
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Mae Johnson, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the
International Sister City Association of Fort Worth, Inc., and that she executed the same as the
act of the International Sister City Association of Fort Worth, Inc., for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE th,4"day of
200 .
Notary Public ' nd for the State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Charles Boswell, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the
City of Fort Worth and that he executed the same as the act of said City of Fort Worth for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this/*day of ,,
2000.
Notary Public in and for the State of Texas
a� ROSELLA BARNES
}_ NOTARY PUBLIC
State of Texas
+ + Comm,Exp_03-31-2001
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City of Fort Worth, Texas
"affor And coun"K Communication
DATE REFERENCE NUMBER LOG NAME JPAGE
12/5/00 C-18379 02SISTERS 1 of 1
SUBJECT CONTRACT WITH FORT WORTH SISTER CITIES INTERNATIONAL
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with Fort
Worth Sister Cities International for $297,825 to begin October 1, 2000, and end September 30, 2001.
DISCUSSION:
Funds for this program are appropriated for the agency by the City from a portion of the Hotel/Motel
Occupancy Tax receipts ($237,825) and from the General Fund ($60,000).
Fort Worth Sister Cities International has facilitated the involvement of the City of Fort Worth with six
cities: Reggio Emilia, Italy; Trier, Germany; Nagaoka, Japan; Bandung, Indonesia; Budapest, Hungary;
and Toluca, Mexico.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated,
of the Culture and Tourism and General Funds.
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Charles Boswell 8511 r �rcO NCIL
Originating Department Head: �+I�� V1,v
Charles Boswell 8511 (from) DEC 5 2a
GG04 539120 0247000 $237,825.00
Additional Information Contact: GG01 539120 0905500 $ 60,000.00 `''"
Bridgette Garrett 8518