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Home My WebLink AboutContract 26527 r CITY SECRETARY CONTRACT NO. 42 5A� FUNDING AGREEMENT BETWEEN CITY OF FORT WORTH AND VAN CLIBURN FOUNDATION, 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, Texas 76102, acting by and through Charles Boswell, its duly authorized Assistant City Manager, and the VAN CLIBURN FOUNDATION, INC. (the "Foundation"), a Texas not-for-profit corporation, acting by and through Richard Rodzinski, 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 Foundation during the term of this Agreement the sum of Sixty-Two Thousand Six Hundred Dollars ($62,600) from revenue generated by the City's hotel occupancy tax. In return, Foundation will promote artistic and cultural activities to help the City promote tourism and the convention and hotel industries. Specifically, Foundation will bring international attention to the City of Fort Worth through its international piano competition and offer additional instructional guidance and other educational and aesthetic opportunities for tourists, visitors and convention delegates in Fort Worth. Foundation agrees that expenditures of any funds received hereunder shall be for purposes that fully comply with V.T.C.A., Tax Code § 351.101. 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 Foundation written notice not less than thirty (30) days prior to the effective date of such termination. (b) If the City exercises its right to terminate this agreement prior to its expiration, Foundation's obligations to the City under this agreement shall continue until the date such termination actually takes effect. On the date of termination, Foundation shall reimburse to the City all funds it has received but not otherwise committed or encum e. o er �J' Uu1 a Jc (uJ this Agreement. (,,,:u�Tf (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 Foundation 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) Foundation further agrees that it will maintain all funds received hereunder in a separate account. Foundation shall not commingle such funds with any other funds or maintain such funds in any other accounts. In addition, Foundation'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. Foundation understands and agrees that upon the acceptance of funds hereunder, a fiduciary duty is created with respect to the expenditure of such funds. (b) Foundation 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, Foundation 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 Foundation. (c) At any time during the term of this agreement, the City shall have the right to authorize an audit of Foundation'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 Foundation's records, Foundation agrees that it shall reimburse the City for the full costs of such audit. 4. BOND HOLDER RIGHTS. The City's obligations and Foundation'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. Foundation agrees and understands that rights of the holders of any such revenue bonds shall be superior in all respects to the rights of Foundation. However, the City, to the extent practicable, shall give Foundation as much prior notice as reasonably possible of the City's intent to issue such bonds. 5. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Foundation 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. Foundation 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, su tiers. 0 VVI C XI P'E�uQD 2 Foundation acknowledges that the doctrine of respondeat superior shall not apply as between the City and Foundation its boards, officers, agents, servants, employees, contractors, subcontractors and members. Foundation further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between the City and Foundation. 6. 'INDEMNIFICATION. FOUNDATION 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 HIND 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. FOUNDATION 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 HIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE RECEIPT OR EXPENDITURE OF CITY FUNDS OR ANY OTHER PROVISION HEREUNDER. 7. ASSIGNMENT. The Foundation shall not assign, sell, convey or transfer its interest under this agreement. Any such attempted assignment of same shall be null and void. 8. 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. 9. 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. 10. 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. FMCNA PEcOG�D 11. 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. 12. 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. CIS- [1q. 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 Off of the City of Fort Worth, Texas, this day of X1.5 d` ,A.D. �. CITY OF FORT WORTH: VAN CLIBURN FOUNDAT11ON, INC. B B Y• _ — Y• Charles Boswe 1 Richard Rodzinski Assistant City Manager Executive Director ATTES By: ✓ � C• y ecreta �b APPROVED AS TO FORM AND LEGALITY: AssistWht City Attorney �L�� M&C: 0 - 19,370 /a,5-66 5 FYI, W`-11lmP Va. 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 Richard Rodzinski, 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 Van Cliburn Foundation, Inc., and that he executed the same as the act of the Van Cliburn Foundation, Inc., for the purposes and consideration therein expressed and in the capacity therein stated. GIV N UNDER MY HAND AND SE OF OFFICE thisday of ernx,� , 2000. Notary Pub in and :b the Stat Texas �,an.N�ac 4 Ail ELIZABETH! VE.:�A NOTARY PUBLIC 5 STATE OF TEXAS �lF OF �E+P My Comm.Exp 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 lMday of , 200 . Notary Public in and for the State of Texas t - o BA@MES PlOTARY PLWIC State of Texas Conn,Exp-03-31-4-Ml Mil FEW 6 City of Fort Worth, Texas "agor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 12/5/00 **C-18370 02CLIBURN 1 of 1 SUBJECT CONTRACT WITH THE VAN CLIBURN FOUNDATION, INC. RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with the Van Cliburn Foundation, Inc. for$62,600 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. The Van Cliburn Foundation, Inc. brings international attention to the City of Fort Worth through its international piano competition. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the Culture and Tourism Fund. CB:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Charles Boswell 8511 PROVED Originating Department Head: CITY COUNCIL Charles Boswell 8511 (from) DEC 5 20 GG04 539120 0244000 $62,600.00 yy )) Additional Information Contact: �.,., 17G;•�, cit w f, Bridgette Garrett 8518 ar , Texas