The URL can be used to link to this page

Home My WebLink AboutContract 32489 AGREEMENT CONCERNING GROUP ROOM BOOKINGS BETWEEN THE CITY OF FORT WORTH and JAI SHRI RAM HOTEL LLC D/B/A/HAMPTON INN FORT WORTH. STATE OF TEXAS § COUNTY OF TARRANT § This Group Room Booking Agreement ("Agreement") is entered into by the City of Fort Worth, Texas ("City"), a home-rule municipal corporation situated in Tarrant, Denton, and Wise Counties, Texas, acting by and through its duly authorized Assistant City Manager, Joe Paniagua, and Jai Shri Ram Hotel Group LLC D/B/A/ Hampton Inn Fort Worth, ("Hotel"). (Sometimes City and Hotel are referred to individually as a "Party" and collectively as the "Parties"). ARTICLE I RECITALS A. City has received an influx of evacuees fleeing the Texas Gulf Coast and as a result of the devastation and flooding following Hurricane Rita's landfall in southern Texas and Louisiana. B. City has determined that extraordinary measures must be taken to alleviate the suffering of evacuees arriving here from the Gulf Coast seeking temporary shelter. The influx of these evacuees to the City has created a state of disaster in the City and therefore on September 23, 2005, the Mayor of the City of Fort Worth declared a state of disaster in the City of Fort Worth, Texas pursuant to section 418.108 of the Texas Local Government Code. C. City anticipates that expenditures by City pursuant to this Agreement will be reimbursed by the Federal Emergency Management Agency of the United States Department of Homeland Security ("FEMA"). The Parties acknowledge to each other that the timing and amount of that reimbursement is unknown to the Parties. D. The purposes of this Agreement are to set out the mutually agreeable terms and conditions relating to Group Rooms Bookings for such evacuees (hereinafter referred to as guest or guests) as City determines to place in Hotel and to provide for the payment by City of the charges for such rooms in anticipation of subsequent reimbursement to City by FEMA. Hotel Agreement(Rita)Page 1 of 6 ev. 9-30-05 NOW THEREFORE, for and in consideration of the mutual agreements, covenants, and conditions hereinafter set forth, and for the consideration of the mutual promises recited herein the sufficiency of which is hereby acknowledged by the Parties, the Parties contract and agree as follows: ARTICLE II ROOM RATES and RELATED MATTERS a) City shall have no responsibility for any charges for any guest who has not been placed in the Hotel by the City. b) ROOM RATES: All rates quoted are based upon the group's sleeping room requirements as outlined in the attached Exhibit "A" ("Room Rates"). Upgrade to a larger room or suite may be available upon request; provided however, the guest shall pay any difference in rate. City shall have no responsibility for any charges for any upgrade made by any guest. C) DEPOSIT/PAYMENT. The specific deposit and payment terms are outlined in this Agreement. It is understood that all payments must be made in U.S. dollars. If any portions of the charges are to be billed, prior credit approval must be obtained from Hotel. d) BILLING. Room charges shall be assessed for each room from the date a guest is checked into that particular room. The charges for each room will be reported by Hotel to City each week as required in Article III. Hotel shall bill City every fourteen (14) days and City shall make payment to Hotel within thirty(30) days after receipt by City of each bill. e) City shall not be responsible for any incidental charges incurred by any guest including but not limited to charges for local or long distance calls, movie or video game rental, or minibar or other food charges. fl HOTEL ARRIVALS AND DEPARTURES: During periods of high occupancy, group rooms may not be available upon arrival. Rooms will be made available for group check-in as soon as possible. g) Hotel acknowledges and agrees that because City is in a state of disaster, Hotel waives standard check-in and checkout times as necessary. h) EXTRA PERSON and CRIBS: There is no charge for children 18 years of age or younger, provided they share the same room with their parent(s)or guardians with existing bedding. Cribs shall be provided at no extra charge if available. 2 i) Hotel shall not be liable for non-performance of this Agreement when such non-performance is attributable to labor troubles, disputes, or strikes, accidents, government (Federal, State, and Municipal) regulations of, or restrictions upon travel, or transportation, non-availability of food, beverage, or supplies, riots, national emergencies, acts of God and other causes whether enumerated herein or not, which are beyond the reasonable control of the Hotel, preventing or interfering with Hotel's performance. j) DAMAGES AND SECURITY. City shall not be responsible for any damage caused by guests. City will coordinate with Hotel and FEMA to seek repayment by FEMA of any damages caused by guests to Hotel's property of Hotel. City will have police respond to any problems caused by guests and reported to City by Hotel. Both City and Hotel reserve the right to remove any guest placed in the Hotel at any time for any reason. Hotel shall notify City prior to removal of any guest. ARTICLE III REPORTING REQUIREMENTS Hotel shall send City a Notice on each Friday of each week of the total daily room charges for the seven (7) day period preceding that Friday for each room into which a guest is checked in pursuant to this Agreement, and send a Notice daily of any damage done by any guest to Hotel's property. ARTICLE IV TERM OF AGREEMENT This Agreement shall be effective for thirty (30) days from September 30, 2005 and shall continue in effect through November 29, 2005. In addition, Hotel hereby grants City the right to extend this Agreement for an additional thirty days upon written notice to Hotel by City. ARTICLE V ADDITIONAL PROVISIONS Notice. Any notices ("Notice") required by this Agreement shall be sent to the person listed below. For the purpose of giving any Notice, the addresses of the Parties are set forth below. The Parties may change the information set forth below by sending Notice of such changes to the other Party as provided in this section. 3 To the City: City of Fort Worth, Texas 1000 Throckmorton Street 76102 Attn: Assistant City Manager Joe Paniagua Phone: 817-392-6191 FAX: 817-392-6134 To the Hotel: Jai Shri Ram Hotel Group LLC, D/B/A Hampton Inn Fort Worth 2700 S Cherry Lane Fort Worth, Texas 76116 Attn: Leslie Miller Phone: 817-560-4180 FAX: 817-560-8032 Governing Law and Venue. This Agreement shall be construed under, and in accordance with, the laws of the State of Texas. The Parties submit to venue in Tarrant County, Texas for resolution of any disputes arising under this Agreement. Amendment. This Agreement may be amended only with the written consent of all Parties. No Third Party Beneficiary. This Agreement is solely for the benefit of the Parties, and City and Hotel do not intend by any provision of this Agreement to create any rights in any third-party beneficiaries or to confer any benefit upon or enforceable rights under this Agreement or otherwise upon anyone other than City and Hotel. ARTICLE VI ASSIGNMENT a) Hotel may not assign this Agreement without City's prior written consent. b) City may assign this Agreement to FEMA or any other state or federal agency and upon the effective date of such assignment, all City obligations hereunder shall cease except for such obligations that were incurred prior to the effective date of such assignment. [SIGNATURES APPEAR ON FOLLOWING PAGE] IN WITNESS WHEREOF, each Party has caused this Agreement to be executed by its undersigned duly authorized representative in multiple copies, on the date or dates indicated below. j� ATTEST: CITY OFF R H 1 \ By: Marty Hendrix, ty Secretary Joe Pam gu , t t City Manager NO M&C REQUIRE Date: (� 13 �S APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney HOTEL JAI S I HOTEL GROUP D/B/A HAMP O ri�xt'ed :Leslie Miller Title: Date: -C 7- 5 `J S:�IIIC r�7 f^y? ..V7.UR U '.a EXHIBIT "A" ROOM RATES 20 Rooms at $55.00 per room per night, inclusive of all taxes Hotel Accommodations: (1) Breakfast Area to accommodate meals (1) Room for External resources (1) Room for Donated Items Breakfast Daily Housekeeping Everyday Linens and Cleaning Items Provided 6