HomeMy WebLinkAboutContract 32588 CITY SECRETARY
CONTRACT NO,
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AGREEMENT CONCERNING GROUP ROOM BOOKINGS BETWEEN THE
CITY OF FORT WORTH and GOFT HOTEL PARTNERS, LTD D/B/A GREEN
OAKS INN.
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 Goft Hotel Partners Ltd. D/B/A/ Green Oaks Inn,
("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.
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Hotel Agreement(Rita)Page 1 of 6 R9-10-05
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 111. 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.
f) 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.
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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 October 29, 2005. In addition, Hotel hereby grants
City the right to extend this Agreement for two (2) additional thirty-day terms 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.
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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:
Goft Hotel Partners, Ltd, D/B/A Green Oaks Inn Fort Worth
6901 W Freeway
Fort Worth, Texas 76116
Attn: Reaz Chowdhury
Phone: 817-738-7311
FAX: 817-737-4486
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 not assign this Agreement to FEMA or any other state or federal agency
without prior written consent of Hotel.
[SIGNATURES APPEAR ON FOLLOWING PAGE] �FFICE
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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.
ATTEST: CITY OF FO T W R
&kA2��) By:
Marty Hend x, City Secre ary Joe Pani a a, A sist t City Manager
Date: 6
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APPROVED AS TO FORM AND
LEG ITY:
Assistant City Attorney
ENO M&C REQUIRED ` HOTEL
-----��� GOFT HOTEL PARTNERS D/—/A'
GREEN EL
By:
Printed ame: Todd K. Ashbrook
Title: Vice President
Date: 10/28/2005
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EXHIBIT "A"
ROOM RATES
12 Rooms at$59.00 per room per night, inclusive of all taxes
Hotel Accommodations:
Housekeeping every three days
Linens and Cleaning items provided upon request
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