HomeMy WebLinkAboutContract 54105 V1 CSC No. 54105
FORT WORTH-DOWNTOWN
AN IHG HOTEL
BUSINESS TRAVEL VOLUME RATE AGREEMENT
This Business Travel Volume Rate Agreement("Agreement")is entered into by and between City of Fort Worth("Company"or"you"or"your(s)")and Holiday
Inn Express&Suites Fort Worth-Downtown(the"Hotel"or"we"or"us"or"our").
Pre ared for: Hotel Information:
Jean Petr Jared Albarano
City of Fort Worth Property Management Director of Sales&Marketing
IgilEsecially
De tartment
900 Monroe St,Suite#400 •• 1111 West Lancaster Ave
Fort Worth,TX 76102 Fort Worth,Texas 76102
817-392-8367 817-6654213
Jein.petr@fortworthtexas.gov Jared.albarano hieftworth.com
Sleeping Room Rates for May 21,2020—December 31,2020
Room Types Sleeping Room Rates
'.. .. i $85.00
• $85.00
TOTAL ANTICIPATED SLEEPING ROOM NIGHTS:100
Sleeping room rates as noted above are non-commissionable.
Noted rates are subject to non-last room availability(NLRA),blackout dates and high occupancy dates may apply.Please contact hotel for then-
current list of black-out dates,as these dates are subject to change at any time with our without notice.
CONCESSIONS: In consideration of the total anticipated sleeping room nights,we are pleased to include the following concessions for all reservations.
- Complimentary Parking
- Complimentary Breakfast Buffett
- Complimentary Internet Access
PARKING:Hotel agrees to waive the nightly self-parking fee of$18+tax per vehicle.
ACCOUNT PRODUCTION REVIEW:The room rates in this agreement are based on the noted total anticipated sleeping room nights.Quarterly production
recaps will be presented to discuss guest feedback and room night production throughout the duration of this agreement.If actualized room night production
does not meet the projected room night commitment for two consecutive quarters,the hotel reserves the right to revise this agreement or discontinue the
rate with thirty days'notice in writing.
GROUP RATES: Rates noted above do not apply for group room blocks.Group rates for room blocks and/or conferences are negotiated separately and
are based on availability of the guest rooms and function space necessary for the event.
TAXES:You agree to pay any and all applicable federal,state,municipal or other taxes,fees,or assessments imposed on or applicable. In the State of Texas,
currently the Sales Tax rate is 8.25%,combined state and local Hotel Occupancy Tax rate is 15%and the Fort Worth Tourism PID Fee is 2%.Guest room taxes
are calculated on combined room rate and DTPID fee.We will honor any available tax exemptions for which you qualify,provided that you properly complete
and timely provide all documentation required by the applicable jurisdiction to substantiate said exemption.
ENTIRE AGREEMENT: This Agreement, together with the Standard Terms and Conditions (attached hereto and incorporated herein by reference),
appendices, addenda and exhibits attached hereto(if any), upon signature by both parties below, constitutes the entire agreement between the parties
and may not be amended or changed unless done so in writing and signed by the parties. If this Agreement or any attachments thereto are returned
signed but with changes, it shall not constitute an acceptance, but rather a counteroffer by you that may be accepted or rejected in writing by us in our
sole discretion.A signed and dated copy of this agreement must be returned to our office by within 10 days of the date noted below for inclusion in the
Business Travel Volume Rate Program.Once both you and we sign this Agreement,all provisions reserved on your behalf will be confirmed and therefore
subject to the terms of this Agreement. If no signed agreement is returned to the hotel,the negotiated rate will not apply to any reservations.
The undersigned expressly agree and warrant that they are authorized to sign and enter into this Agreement on behalf of the party for which they sign.
0FH6''Y2\L RECXORD
ACCEPTED AND AGREED TO:
Company:City of Fort Worth HOTEL:Holiday Inn Express&Suites Fort Worth-Downtown
Signing Party:Jean Petr By:Aimbridge Hospitality,Managing Agent
By. By: Jared JIVFano(Jun 11,202014:01 CDT)
Name: Jean Petr Name: Jared Albarano, Director of Sales&Marketing
Dated: J u l 2, 2020 Dated: J u n 11, 2020
®FFICYAL RECORD
CITY SECRETARY
FT WORTH,TX
2
BUSINESS TRAVEL VOLUME RATE AGREEMENT-USA(Rev.0 712 812 0 1 5)
ISTANDARD TERMS AND CONDITIONS
1. METHOD OF RESERVATIONS:
CHECK ALL OPTIONS THAT APPLY: Reservations will be made by: [X] 6. NO SHOW FEES: Reservations are confirmed until 2:00 AM on the
By calling our Reservations Department at 866-551-9747 and asking for date following the date of arrival.The rooms are guaranteed for the arrival and
your rate under the name of the company. [ X ] By booking online at therefore are expressly held for arrival. Should the guest not arrive the hotel
www.hieftworth.COM and using your own corporate ID. [X]Through has lost the potential to resell the room, and therefore the reservation will be
your agency of record. If the reservations will be handled through your assessed a no show fee equal to one night room and tax charges.This amount
agency of record,please list the following information: will be billed to the credit card used to reserve the room unless otherwise
notified.The balance of the nights(if any)on the reservation will be cancelled.
_ 7. IMPOSSIBILITY: Neither party shall be responsible for failure to
• perform this Agreement if circumstances beyond their control (including, but
not limited to;acts of God,terrorist attacks in the city in which Hotel is located,
" or declared war in the United States)make it illegal or impossible for the Hotel
to accommodate the guest rooms. The affected party may terminate this
•" Agreement without liability upon written notice to the other party within ten(10)
days of the occurrence.
**Attach on separate page if needed** 8, GOVERNING LAW: The Agreement will be governed by and
2. DEPOSITS/ EARLY CHECK OUT FEE: To confirm a sleeping interpreted pursuant to the laws of the state in which Hotel is located,excluding
room with your corporate rate, the sleeping room must be secured with a any laws regarding the choice or conflict of laws.
valid credit card provided either by the company or the guest. 9. DISPUTE RESOLUTION: The parties will use their commercially
Our check-in time is 3:00 PM, check-out time is 12:00 PM. All guests reasonable efforts to informally and timely resolve any dispute concerning any
arriving before 3:00 PM will be accommodated as rooms become available. matter related to this Agreement by presenting the dispute to senior
Our guest services can arrange to check baggage for those arriving early representatives of Hotel and Company for their discussion and possible
when rooms are unavailable and for guests attending functions on departure resolution in the order set forth herein;provided, however, a dispute relating
day. to patents, trademarks, trade dress, copyrights, trade secrets, and/or
infringement of intellectual property rights shall not be subject to this provision.
3. DESCRIPTION OF THIRD PARTY PAYMENTS All negotiations pursuant to this section are confidential and shall be treated
A. COMMISSIONS: The rate noted above is quoted as as compromise and settlement negotiations for purposes of applicable rules of
commissionable at 10% to 313-Events, 0, Fort Worth, TX 76109, IATA# evidence. If within a period of thirty(30)calendar days after submission of a
45578702 disputed matter in accordance with this clause, the respective senior
B. IHG Rewards Club:Travelers are eligible to earn IHG representatives are unable to agree upon a resolution of such dispute, then
Rewards Points for qualifying stays. Please visit www.ingrewards.com for either party may give notice to the other party of its intention to pursue
details on qualifying stays and point earning potential.Reservations paid by arbitration. Arbitration of disputes arising out of or in connection with this
the company via a direct bill account do not qualify for IHG Rewards. Agreement will be resolved using one arbitrator before JAMS or American
Arbitration Association in the state and city in which Hotel is located, or the
closest available location. The parties further agree that in any arbitration
4. PAYMENT TERMS proceeding,they may conduct reasonable discovery pursuant to the arbitration
CHECK ONE OPTION: Room and tax will be[X]paid by individuals or
rules,and any arbitration award will be enforceable in State or Federal court.
[ ]
charged to Company's Direct Bill Account.
Cook Children's Case Management reservations will be direct billed.
All direct bill accounts require a minimum of$5,000 in annual spend and
must have prior approval.Guests whose room&tax will be paid for by your
direct bill account will still be required to present a credit card at check-in to
guarantee payment for any incidental charges.
It is our understanding that each individual guest is responsible for their own
incidental charges. It is our policy that these charges must be paid in full
prior to the guest's departure,with individual credit being established upon
check-in. It is your responsibility to instruct guests to check with the Hotel to
make certain all incidentals are paid for prior to departure.
All charges can be paid by a major credit card that we accept. Please
contact us for a then-current list of those major credit cards that our Hotel
accepts as dates of this agreement. Currently, IHG accepts MasterCard,
Visa,American Express and Discover.
5. CANCELLATION FEES: Reservations must be cancelled by
4pm two days prior to arrival. Reservations may be cancelled by
contacting the hotel directly at 817-698-9595 or our reservations department
at 866-551-9747. Cancellation numbers will be issued for all cancellations,
please retain this number for your record of the cancellation. Reservations
cancelled after 4pm local time two days prior to arrival will be assessed a
fee equal to one night room and tax charges.This amount will be billed to
the credit card used to reserve the room unless otherwise notified.
3
BUSINESS TRAVEL VOLUME RATE AGREEMENT-USA(Rev.0 712 812 01 5)
ADDENDUM TO BUSINESS TRAVEL VOLUME RATE AGREEMENT
BETWEEN THE CITY OF FORT WORTH AND PINNACLE MISSION VALLEY L.P.
OWNER OF THE HOTEL COMMONLY KNOWN AS THE
HOLIDAY INN EXPRESS & SUITES FORT WORTH—DOWNTOWN
BY AIMBRIDGE HOSPITALITY
This Addendum to the Business Travel Volume Rate Agreement("Addendum")is entered
into by and between Pinnacle Mission Valley L.P., owner of the hotel commonly known as the
Holiday Inn Express & Suites Fort Worth — Downtown ("Hotel"), and the City of Fort Worth
("City"), collectively the "parties", for the purchase of hotel rooms.
The Contract documents shall include the following:
1. The Business Travel Volume Rate Agreement (the "Agreement");
2. This Addendum and its Exhibit A—FEMA Mandated Contract Clauses.
Notwithstanding any language to the contrary in the attached Business Travel Volume Rate
Agreement (the "Agreement"), the Parties hereby stipulate by evidence of execution of this
Addendum below by a representative of each party duly authorized to bind the parties hereto, that
the parties hereby agree that the provisions in this Addendum below shall be applicable to the
Agreement as follows:
1. Sovereign Immunity. Nothing herein constitutes a waiver of City's sovereign
immunity. To the extent the Agreement requires City to waive its rights or immunities as a
government entity; such provisions are hereby deleted and shall have no force or effect.
2. Limitation of Liability and Indemnity. To the extent the Agreement, in any way,
limits the liability of Hotel or requires City to indemnify or hold Hotel or any third party harmless
from damages of any kind or character, City objects to these terms and any such terms are hereby
deleted from the Agreement and shall have no force or effect.
3. LIABILITY AND INDEMNIFICATION.
a. LIABILITY—HOTEL SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND
ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED
BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR
INTENTIONAL MISCONDUCT OF HOTEL, ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES.
b. GENERAL INDEMNIFICATION - HOTEL HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS
OFFICERS,AGENTS, SERVANTS AND EMPLOYEES, FROMAND AGAINST
ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR
LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO HOTEL IS BUSINESS
Addendum to Business Travel Volume Rate Agreement—Holiday Inn Express&Suites Fort Worth—Downtown
AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS,ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY
THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF HOTEL,
ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
4. No Debt. In compliance with Article 11 § 5 of the Texas Constitution, it is
understood and agreed that all obligations of City hereunder are subject to the availability of funds.
If such funds are not appropriated or become unavailable, City shall have the right to terminate the
Agreement except for those portions of funds which have been appropriated prior to termination.
5. Law and Venue. The Agreement and the rights and obligations of the parties hereto
shall be governed by, and construed in accordance with the laws of the United States and state of
Texas, exclusive of conflicts of laws provisions. Venue for any suit brought under the Agreement
shall be in a court of competent jurisdiction in Tarrant County,Texas. To the extent the Agreement
is required to be governed by any state law other than Texas or venue in Tarrant County, City
objects to such terms and any such terms are hereby deleted from the Agreement and shall have
no force or effect.
6. Invoicinga. On a weekly basis, Hotel shall submit type written or computer printed
invoices to the City for each room reserved pursuant to this Agreement. City agrees to pay all
undisputed invoices of Hotel within thirty(30) days of receipt of such invoice.
Hotel shall submit all invoices to:
City of Fort Worth
Attn: Roger Venables or Jean Petr, Property Management Department
900 Monroe, Suite 400
Fort Worth TX 76102
To the extent that the Agreement provides for any other payment terms, the City objects to such
terms and any such terms are hereby deleted from the Agreement and shall have no force or effect.
7. Dispute Resolution. To the extent the Agreement requires the City to resolve any
dispute through arbitration, City objects to such terms and any such terms are hereby deleted from
the Agreement and shall have no force or effect.
8. Force Majeure. City and Hotel shall exercise every reasonable effort to meet
their respective obligations as set forth in this Agreement,but shall not be held liable for any delay
in or omission of performance due to force majeure or other causes beyond their reasonable
control, including, but not limited to, compliance with any government law, ordinance or
regulation, acts of God, acts of omission, fires, strikes, lockouts, national disasters, wars, riots,
pandemics, material or labor restrictions by any governmental authority, transportation
problems and/or any other cause beyond the reasonable control of the parties.
Addendum to Business Travel Volume Rate Agreement—Holiday Inn Express&Suites Fort Worth—Downtown
9. Addendum Controlling. If any provisions of the attached Agreement, conflict with
the terms herein, are prohibited by applicable law, conflict with any applicable rule, regulation or
ordinance of City, the terms in this Addendum shall control.
10. Immigration Nationality Act. Hotel shall verify the identity and employment
eligibility of its employees who perform work under this Agreement, including completing the
Employment Eligibility Verification Form (I-9). Upon request by City, Hotel shall provide City
with copies of all I-9 forms and supporting eligibility documentation for each employee who
performs work under this Agreement. Hotel shall adhere to all Federal and State laws as well as
establish appropriate procedures and controls so that no services will be performed by any Hotel
employee who is not legally eligible to perform such services. HOTEL SHALL INDEMNIFY
CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR
LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY HOTEL, HOTEL'S
EMPLOYEES,SUBCONTRACTORS,AGENTS,OR LICENSEES.City,upon written notice
to Hotel, shall have the right to immediately terminate this Agreement for violations of this
provision by Hotel.
11. Right to Audit. Hotel agrees that City shall, until the expiration of three (3) years
after final payment under the Agreement, have access to and the right to examine any directly
pertinent books, documents, papers and records of Hotel involving transactions relating to the
Agreement. Hotel agrees that City shall have access during normal working hours to all necessary
Hotel facilities and shall be provided adequate and appropriate workspace in order to conduct
audits in compliance with the provisions of this section. City shall give Hotel reasonable advance
notice of intended audits.
(signature page follows)
Addendum to Business Travel Volume Rate Agreement—Holiday Inn Express&Suites Fort Worth—Downtown
ACCEPTED AND AGREED:
CITY:
City of Fort Worth Contract Compliance Manager:
By signing I acknowledge that I am the
person responsible for the monitoring and
� y� �� administration of this contract, including
By: JesusJ.Chapa(Jul 6,2 2014:07 CDT) ensuring all performance and reporting
Name: Jay Chap requirements.
Title: Deputy City Manager
Date: J U l 6, 2020
By: Davi Zondor J 2,202014:45CDT)
Approval Recommended: Name: Shane Zondor
Title: Talent Development Specialist,
Human Resources
By: Sandra Youngblood(Ju 02011:35 T) Approved as to Form and Legality:
Name: Sandra Youngblood
Title: Assistant Director,Park&Recreation
Department gaffA r
By: Matt Murray(Jul 6,2020 :49CDT)
Attest: Name: Matthew A. Murray
Title: Assistant City Attorney
tract Authorization:
By: Not required
Name: Mary Kayser - ; ';' .j
Title: City Secretary
HOTEL: � r' 'F' f
Pinnacle Mission Valley L.P.By Aimbridge
Hospitality,LLC, as agent for Hotel
Karen Kovach
By: Karen Kovach(Jut 2,202012:23 CDT)
Karen Kovach
Vice President Transitions and Licensing OFFICIAL RECORD
Date: J U l 2, 2020 CITY SECRETARY
FT. WORTH,TX
Addendum to Business Travel Volume Rate Agreement—Holiday Inn Express&Suites Fort Worth—Downtown
EXHIBIT A—FEMA MANDATED CONTRACT CLAUSES
For purposes of the following clauses, the City of Fort Worth is referred to as "City" and
"Contractor" shall refer to the other party to this Agreement. If applicable to the work or services
being performed by Contractor under the Agreement, the following provisions are adopted and
form a part of the Agreement.
A. DAMAGES, 2 CFR§200.326 Appendix II to Part 200 (A)
(1) All work to be performed under this Agreement shall be timely commenced. A
breach of this Agreement by Contractor would cause substantial delay in the completion of the
required services affecting the safety and welfare of the public.
(2) In the event of Contractor's breach of its performance obligations, City shall have all
rights and remedies against Contractor as provided by law.
(3) In the event of City's breach of its performance obligations, Contractor, in addition to
any remedy it has at law, shall have the right to terminate this Agreement and/or suspend
services.
B. TERMINATION RIGHTS, 2 CFR§200.326 Appendix II to Part 200 (B)
In addition to any termination rights included in the Agreement, City shall have the following
termination rights:
Termination for Convenience: Whenever the interests of the City so require, City may terminate
the parties' Agreement, in whole, for the convenience of the City. City shall give Contractor thirty
(30) days prior written notice of termination specifying when such termination will become
effective. In the event of a termination for convenience by City, Contractor shall be entitled to
payment for all work and services performed by it up to the effective date of such termination plus
costs to cover cleaning in accordance with section 2.6
Termination for Cause: The City may, by written notice of default to Contractor, terminate the
parties' Agreement, in whole,if the Contractor fails to satisfactorily perform any provisions of the
parties' agreement after a period of ten (10) days following Contractor's receipt of a Notice of
Deficiency provided by City.
C. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE (2 CFR§200.326 Appendix II
to Part 200 (C))
If applicable to the work and services performed by Contractor under the Agreement, during the
performance of the Agreement, Contractor shall comply with the Equal Employment Opportunity
Clause (41 CFR 60-1.4(b)):
(1) Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. Contractor will take affirmative action to
Addendum to Business Travel Volume Rate Agreement—Holiday Inn Express&Suites Fort Worth—Downtown
ensure that applicants are employed, and that employees are treated during employment without
regard to their race, color, religion, sex, or national origin. Such action shall include, but not be
limited to the following: Employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. Contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
(2) Contractor will,in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive considerations for
employment without regard to race, color, religion, sex, or national origin.
(3) Contractor will send to each labor union or representative of workers with which it
has a collective bargaining agreement or other agreement or understanding,a notice to be provided
advising the said labor union or workers' representatives of the Contractor's commitments under
this section, and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
(4) Contractor will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(5) Contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor for
purpose of investigation to ascertain compliance with such rules, regulations, and orders.
(6) In the event of the Contractor's noncompliance with the nondiscrimination clauses
of this Agreement or with any of the said rules, regulations or orders, this Agreement may be
canceled, terminated, or suspended in whole or in part and the Contractor may be declared
ineligible for further City contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(7) contractor will include the portion of the sentence immediately preceding paragraph
(1) and the provisions of subparagraphs I through 7 in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204
of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon
each subcontractor or contractor. contractor will take such action with respect to any subcontract
or purchase order as the administering agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance: provided, however, that in the event contractor becomes
involved in, or is threatened with, litigation with a subcontractor or contractor as a result of such
direction by the administering agency the contractor may request the United States to enter into
such litigation to protect the interest of the United States.
D. DAVIS-BACON ACT AND COPELAND "ANTI-KICKBACK" ACT (2 CFR
§200.326 Appendix II to Part 200 (D))
Addendum to Business Travel Volume Rate Agreement—Holiday Inn Express&Suites Fort Worth—Downtown
If applicable to the work and services performed by Contractor under the parties' Agreement:
(1) Bacon-Davis Act: Applicable to construction or repair of public buildings or public
works. See FEMA Public Assistance Program and Policy Guide, Ch.2 (V)(G)(2),page 32 and Ch.
(FP 104-009-2/January 2016);
(2) Copeland "Anti-Kickback" Act: In contracts subject to the Davis-Bacon Act,
Contractor shall comply with the Copeland "Anti-Kickback" Act (40 U.S.C. §3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants
from the United States"). The Act provides that the contractor and subcontractor must be
prohibited from inducing,by any means, any person employed in the construction, completion, or
repair of public work, to give up any part of the compensation to which he or she is otherwise
entitled. The City must report all suspected or reported violations to the appropriate Federal
agency.
(a) Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the
requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into
this Agreement.
(b) Contractor or subcontractor shall insert in any subcontract the clause above
and such other clauses as FEMA may by appropriate instructions require, and also a clause
requiring the subcontractors to include these clauses in any lower tier subcontracts. The
Contractor shall be responsible for the c compliance by any subcontractor or lower tier
subcontract with all of these contract clauses.
(c) A breach of the Agreement clause above may be grounds for termination
of the Agreement, and for debarment as a contractor and subcontractor as provided in 29
C.F.R. §5.12.
E. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (2 CFR §200.326
Appendix II to Part 200 (E)) (40 U.S.C. 3701-3708)
Contracts in excess of $100,000 that involve the employment of mechanics or laborers shall
comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29
CFR Part 5). Under 40 U.S.C. 3702 of the Act, each Contractor and its subcontractors shall
compute the wages of every mechanic and laborer on the basis of a standard work week of 40
hours. Work in excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked
in excess of 40 hours in the work week.
Overtime requirements. No contractor or subcontractor contracting for any part of the contract
work which may require or involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which he or she is employed on such
work to work in excess of forty hours in such workweek unless such laborer or mechanic receives
Addendum to Business Travel Volume Rate Agreement—Holiday Inn Express&Suites Fort Worth—Downtown
compensation at a rate not less than one and one-halftimes the basic rate of pay for all hours worked
in excess of forty hours in such workweek.
(1) Violation: liability for unpaid wages: liquidated damages. In the event of any
violation of the clause set forth in this section the Contractor and any subcontractor responsible
therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall
be liable to the United States (in the case of work done under contract for the District of Columbia
or a territory,to such District or to such territory),for liquidated damages. Such liquidated damages
shall be computed with respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in this section, in the sum of$10 for each
calendar day on which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the clause set forth
in this section.
(2) Withholding for unpaid wages and liquidated damages. The City shall upon its own
action or upon written request of an authorized representative of the Department of Labor withhold
or cause to be withheld,from any moneys payable on account of work performed by the Contractor
or subcontractor under any such contract or any other Federal contract with the same prime
contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety
Standards Act,which is held by the same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph(2) of this section.
(3) The Contractor and subcontractor shall insert in any subcontract the clauses set
forth in paragraphs (1)through(4) of this section and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts.
F. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT, 2
CFR§200.326 Appendix II to Part 200 (F)
If applicable to the work and services performed by Contractor under the parties' Agreement and
if the Federal award meets the definition of"funding agreement"under 37 CFR§401.2 (a)and the
City wishes to enter into a contract with a small business firm or nonprofit organization regarding
the substitution of parties,assignment or performance of experimental, developmental, or research
work under that"funding agreement,"the City must comply with the requirements of 37 CFR Part
401, "Rights to Inventions Made by Nonprofit Organizations and Small Business."
G. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (2
CFR§200.326 Appendix II to Part 200 (G))
Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the
Clean Air Act (42 U.S.C. 7401-7671 q.) and the Federal Water Pollution Control Act as amended
(33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the
Regional Office of the Environmental Protection Agency (EPA).
Contractor shall include the foregoing requirements in each subcontract exceeding $100,000.
Addendum to Business Travel Volume Rate Agreement—Holiday Inn Express&Suites Fort Worth—Downtown
H. DEBARMENT AND SUSPENSION (2 CFR§200.326 Appendix II to Part 200 (I))
(1) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2
C.F.R. pt. 3000. As such, the Contractor is required to verify that none of the Contractor, its
principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are
excluded(defined at 2 C.F.R. § 180.940) or disqualified(defined at 2 C.F.R. § 180.935).
(2) The Contractor must comply with 2 C.F.R.pt. 180,subpart C and 2 C.F.R.pt. 3000,
subpart C and must include a requirement to comply with these regulations in any lower tier
covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by City. If it is later
determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C, in addition to remedies available to City, the Federal Government may pursue
available remedies, including but not limited to suspension and/or debarment.
(4) The Contractor agrees to comply with the requirements of 2 C.F.R.pt. 180, subpart
C and 2 C.F.R. pt. 3000, subpart C throughout the period of performance. The Contractor further
agrees to include a provision requiring such compliance in its lower tier covered transactions.
I. BYRD ANTI-LOBBYING AMENDMENT(2 CFR§200.326 Appendix II to Part 200
W)
Contractor must file with the City the required certification. Each tier certifies to the tier above
that it will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress,officer or employee of Congress,or an employee of a member of Congress in connection
with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each
tier must also disclose any lobbying with non-Federal funds that takes place in connection with
obtaining any Federal award. Such disclosures are forwarded from tier-to-tier up to the non-
Federal award. If not provided with a bid response, Contractor must complete and submit the
Certification Regarding Lobbying Form.
J. PROCUREMENT OF RECOVERED MATERIALS (2 CFR §200.326 Appendix II
to Part 200 (K) and 2 CFR§200.322)
(1) In the performance of this contract, the Contractor shall make maximum use of
products containing recovered materials that are EPA-designated items unless the product cannot
be acquired.
(a) Competitively within a timeframe providing for compliance with the
contract performance schedule;
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(b) Meeting contract performance requirements; or
(c) At a reasonable price.
(2) Information about this requirement is available at EPA's Comprehensive
Procurement Guidelines web site, http://www.epa.gov/cpg/. The list of EPA-designate items is
available at http://www.0a.gov/ppg/products/httn.
K. ACCESS TO RECORDS
(1) Subject to execution of a confidentiality agreement, Contractor agrees to provide
City, the FEMA Administrator, the Comptroller General of the United States, or any of their
authorized representative's access to any books, documents,papers, and records of the Contractor
which are directly pertinent to this Agreement for the purposes of making audits, examinations,
excerpts, and transcriptions.
(2) Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
(3) Contractor agrees to provide the FEMA Administrator or his authorized
representative's access to construction or other work sites pertaining to the work being completed
under the contract, if applicable.
L. SEAL, LOGO AND FLAGS
Contractor shall not use the U.S. Department of Homeland Security's seal(s), logos, crests, or
reproductions of flags or likenesses of the U.S. Department of Homeland Security's agency
officials without specific FEMA preapproval.
M. NO OBLIGATION BY FEDERAL GOVERNMENT AND COMPLIANCE WITH
LAWS
The Federal Government is not a party to this Agreement and is not subject to any obligations or
liabilities to City, Contractor, or any other party pertaining to any matter resulting from the
contract. City may seek reimbursement for expenses under this Agreement from FEMA and
Contractor acknowledges that it must comply with all federal laws, regulations, executive orders,
FEMA policies,procedures, and directives.
N. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR
RELATED ACTS
Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and
Statements) applies to the Contractor's actions pertaining to this contract.
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