HomeMy WebLinkAboutContract 41688 (2)CLTV SECRETARY L
CONTRACT NO.
49S
BOAT RAMP USE STICKER SALES AGREEMENT
This non-exclusive Agreement is entered into by and between the City of Fort Worth
("City"), a municipal corporation situated in Tarrant, Denton, Parker and Wise Counties,
acting by and through Fernando Costa, its duly authorized Assistant City Manager, and
(Y\ cI ' i . -, SPc"Vendor"),_a com an dul authorized to do
business in Texas, acting by and through P. K. Cove bevit? S.) 4S its
duly authorized Cie IL
I. Purpose
The purpose of this Agreement is to allow for the sale by Vendor of the City's Boat
Ramp Use Stickers required by City Code Section 18-4 for the use of the City's boat
ramps at Arrow S and/or Casino Beach Parks at Lake Worth in Tarrant County, Texas,
pursuant to the terms and conditions herein.
II. Vendor Responsibilities
After the complete execution of this Agreement by both parties, Vendor may sell the
City's Boat Ramp Use Sticker ("Sticker") as follows:
A. Vendor shall purchase the City's Boat Ramn Use Stickers from the City's Lake
Worth Property Manager located at 902 4rAtiloie:S`T: Feerkirren, iy7cto 2-
B. Each purchase must be made by check payable tot -the City of Fort Worth and the
Vendor must pay for each Sticker in advance of selling the Sticker to a third party
wishing to use the City's Boat Ramps at Arrow S and/or Casino Beach Parks.
C. Vendor shall make available at its designated place of business in Section VII, the
Sticker to any person requesting the purchase.
D. Vendor shall sell the sticker for one dollar ($1.00) more than the amount paid for
the sticker and shall retain one dollar ($1.00) per Sticker as fair compensation and
consideration of this Agreement. Vendor may not sell the Sticker for an amount
more than the amount designated by the City of Fort Worth's City Council in
Section 18-4 of the City Code.
E. Vendor shall not accept a pre -payment from a person for Sticker if the Vendor
does not have the Sticker in Vendor's possession.
F. Vendor shall keep record of each Sticker sale on the Audit Spread Sheet provided
by the City and shall obtain all information requested on the Audit Spread Sheet.
G. Vendor shall return the Audit Spread Sheet to the City no later than the tenth
(10th) day of each month in which the Vendor sells a Sticker.
H. Vendor shall advertise as reasonably requested, the City's regulation of the City's
Boat Ramps and their use.
I. Vendor shall not make any false or misleading statements to any person regarding
the requirement and/or regulation of the Sticker and/or the use of the City's boat
ramps. Vendor shall instruct the purchaser of the Sticker of its proper placement
as required by the City. Vendor shall direct all other questions regarding the
requirements and/or regulation to the Lake Worth Property Manager.
OFFICIAL RECORD
CITY SnRETARY
J. Vendor shall not take any action to enforce the purchase of the Sticker, except for
the verification by driver's license or other state issued identification card to
verify the residency of the purchaser.
III. City Responsibilities
A. City shall make available for purchase by Vendor the City's official Boat
Ramp Use Stickers as described in the City Code Section 18-4, as it may be
amended by City Council, during normal business hours and through the Lake
Worth Property office.
B. City shall sell to Vendor each Sticker at a one dollar ($1.00) discount of the
City Code's prescribed fee.
For Example: A Boat Ramp Use Sticker for a non- resident of the City of Fort
Worth in 2011 (which prescribed fee by City Code is twenty dollars ($20.00)
shall be sold to the Vendor at a price of nineteen dollars ($19.00).
C. City shall provide an Audit Spread Sheet to the Vendor upon purchase of the
Sticker and upon request.
D. City shall issue a credit or exchange for any unused Stickers purchased and
returned by Vendor. The City will not issue a monetary refund of Sticker
except as provided by Section IV.0 and/or D.
E City shall answer any and all questions regarding the City's Boat Ramp Use
Fee, Stickers and regulations in a timely manner.
F. City shall provide written instructions to the Vendor for the proper sale of the
Stickers upon purchase.
IV. Term and Termination
A. The term of this Agreement shall for a period of one (1) year from the date this
Agreement is fully executed. This Agreement will have three (3) one (1) year
option renewals upon written agreement by the parties. All terms and conditions
unless otherwise specified in a written amendment to this agreement shall
continue with each renewal.
B. City may terminate this Agreement immediately if Vendor fails to perform as
described in Section II, upon written notice to Vendor. Vendor shall not be
entitled to a refund of any purchase if this Agreement is terminated for cause.
C. City may terminate this Agreement immediately upon written notice if the City
Council adopts an amendment to the City Code and/or policy to discontinue the
sale of Sticker by outside sources. Vendor shall be entitled to a full refund of the
unsold and unused Stickers if the City terminates this Agreement under this
provision.
D Either party may terminate this Agreement for any reason upon forty-five (45)
days written notice to the other. Vendor shall not be entitled to a refund of any
Stickers if Vendor terminates pursuant to this provision. City shall refund the cost
of each unsold and unused Sticker to the Vendor if the City terminates this
Agreement pursuant to this provision.
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V. Damage to Ticket
Vendor shall be responsible for any loss or damage to any Stickers purchased. Vendor
shall report such loss or damage to the City upon ten (10) days of such occurrence.
VL Non -exclusivity
This Agreement is non-exclusive. The City may enter into other agreements for the sale
of the Sticker and/or sell the Sticker at its sole discretion.
VII. Designated Location(s) of Vendor's Sale of the Stickers and Representatives
A. Vendor shall sell the Sticker at Glace of business)
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B. The following person(s) shall be the Vendor's designated representatives who
are authorized to purchase and return Stickers under the terms and conditions
of the this Agreement: please include name, address, phone number and email
address: I • N 6-11e IS iLoi f 4tAi , t tic) ream - L��,;=r �-!; i ,
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C. Vendor agrees that Vendor shall be liable for and accept responsibility for any
and all actions or omissions (related to this Agreement) by Vendor's
designated representative (s).
VIII. Indemnification
Vendor agrees to indemnify, defend, and hold City, agents, and employees free and
harmless from and against any and all claims, demands, proceedings, suits,
judgments, costs, penalties, fines, damages, losses, attorneys' fees and expenses
asserted by any person or persons, including agents or employees of Vendor or City,
by reason of death or injury to persons, or loss or damage to self or property,
resulting from or arising out of, the violation of any law or regulation or in any
manner attributable to any act of commission, omission, negligence or fault of
Vendor, its agents or employees, or the joint negligence of Vendor and any other
entity as a consequence of its execution or performance of this Agreement or
sustained in or upon the premises, or as a result of anything claimed to be done or
admitted to be done by Vendor hereunder. This indemnification shall survive the
term of this Agreement as long as any liability could be asserted.
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Agreement 4.4.11 CRR
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IX. Compliance with Laws
Vendor shall comply with all applicable federal, state, and local laws, ordinances, and
regulations.
X. Independent Vendor
Vendor is an independent contractor and all persons employed to furnish services
hereunder are employees or agents of Vendor and not of City Such employees or agents
of Vendor are not entitled to benefits conferred on City's employees.
XI. Binding
This Agreement shall inure to and bind the successors, assigns, agents and representatives
of the parties.
XII. Assignment
Neither this Agreement nor any duties or obligations pertaining to it may be assigned by
either party without the prior written consent of the other party.
XIII. Applicable Law/Venue
This Agreement is made and performable in Tarrant County, Texas, and shall be
construed under and in accordance with the laws of the State of Texas. Venue for any
legal action arising out of this Agreement shall be in any court of competent jurisdiction
in Tarrant County, Texas
XIV. Entire Agreement
This Agreement contains the entire agreement between the parties. All prior negotiations
between the parties are merged in this Agreement, and there are no understandings or
agreements other than those incorporated herein. This Agreement may not be modified
except by written instrument signed by both parties.
XV. Notices
Notices, requests, demands and other communications hereunder shall be in
writing and delivered or mailed in the United States mail, postage paid, to the
address noted below:
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If to the City:
If to the Vendor:
01150/1) fJqJ 11(6121-
City of Fort Worth Water Department
Lake Worth Management Office
1000 Th rockmorton
Fort Worth, Texas 76102=6311
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parties.
This Agreement shall become effective immediately upon its execution by both
EXECUTED this day of L
iptiy-SZ
CITY OF FORT WORTH
FERNANDO COSTA
AS SISTA\ T 9ITY,. MANAGER
DATE: riA/
Recommended By:
) ra"0474 C)LitLiii{b
S . Frank Crumb, P.E.
Water Director
APPROVED AS TO FORM AND
LEGALITY
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VENDOR
Legal Na e
By: 7T /ice
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DATE: 4'4 f/
WITNESS:
mcOms v, iLturiLprtik
Christa R. Reynolds 0 By:
SR. ASSISTANT CITY ATTORNEY
ATTEST
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MARTY HEN D
CITY SECRETARY
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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Agreement 4.4.11 CRR