HomeMy WebLinkAboutContract 54359 CSC No. 54359
EMERGENCY BOOKING AND RENTAL AGREEMENT BETWEEN THE CITY OF FORT WORTH AND
1701 COMMERCE ACQUISITION,LLC DBA AS SHERATON FORT WORTH DOWNTOWN HOTEL
This EMERGENCY BOOKING AND RENTAL AGREEMENT(the "Agreement") is made and entered
into by and between 1701 COMMERCE ACQUISITION, LLC DBA AS SHERATON FORT WORTH
DOWNTOWN HOTEL, a Texas limited liability company, manager and operator of the Sheraton Fort Worth
Downtown(the"Hotel")and the CITY OF FORT WORTH("City"), a home-rule municipal corporation of the State
of Texas, acting by and through its duly authorized representative.
WHEREAS, Texas Governor Greg Abbott signed a disaster declaration upon a finding that Tropical Storm
Laura poses a threat of imminent disaster along the Texas coast beginning August 23, 2020;and
WHEREAS,Tropical Storm Laura became a hurricane on August 25, 2020 and continues to pose a threat of
imminent disaster along the Texas coast; and
WHEREAS, evacuation of residents along the Texas coast and disaster conditions throughout a large portion
of Texas require emergency assistance of federal, state, and local governmental entities to save lives, provide life-
sustaining support, and protect public health and safety; and
WHEREAS, the declarations of disaster in response to Hurricane Laura have resulted in the evacuation of
thousands of residents of the Texas coastal region, and the City of Fort Worth will receive an influx of evacuees in
need of emergency services required to save lives, avert loss of life and property, and protect public health and safety;
and
WHEREAS, in response to the state of emergency resulting from Hurricane Laura in the State of Texas, the
City of Fort Worth has been requested to provide sheltering, and may be requested to provide a variety of emergency
and recovery service resources to assist in disaster relief and recovery; and
WHEREAS, the Mayor of the City of Port Worth has determined that extraordinary measures must be taken
to alleviate the suffering of people and to protect public health and safety; and
WHEREAS, Hotel is the manager and operator of the Sheraton Fort Worth Downtown Hotel located at 1701
Commerce St, Fort Worth, TX 76102 and has the authority to enter into this Agreement; and
WHEREAS, in order to respond to the state of emergency, Hotel and City wish to set out the mutually
agreeable terms for the booking and rental of up to two hundred(200)hotel rooms at the City's option at the Sheraton
Fort Worth Downtown("Hotel Building") and to provide for payment by the City to Hotel for the use and occupancy
of such rooms; and
WHEREAS,the Agreement is intended to give the City the option to book up to two hundred(200) individual
rooms at a rate of$I 59.00 per night per room; and
WHEREAS,City and Hotel agree that the City shall have no financial obligation until a Booking Request and
Notice to Proceed has been executed and delivered to Hotel;
WHEREAS, City and Hotel agree that, for each room booked by the City, Hotel shall provide meals at the
rates specified in the Agreement except where a room occupant has dietary restrictions;
NOW, THEREFORE, in consideration of the covenants and agreements contained in this Agreement, City
and Hotel hereby agree as follows:
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
SECTION 1
AGREEMENT DOCUMENTS
The Agreement documents shall include the following:
l. This Emergency Booking and Rental Agreement
2. Exhibit A—Booking Rates
3. Exhibit B—Booking Request and Notice to Proceed
4. Exhibit C—Insurance Requirements
5. Exhibit D—FEMA Mandated Contract Provisions
SECTION 2
SCOPE OF AGREEMENT
Option to Book„Individual Rooms. During the Term of this Agreement, Hotel hereby grants to City the option to
book up to two hundred (200) rooms for a nightly rate of $159.00 per room, subject to Hotel's consent and
in accordance with this Agreement and the Booking Rates set forth in Exhibit A, which is attached hereto
and incorporated herein for all purposes.
2.3 Booking Request and Notice to Proceed Required. Hotel and City agree that all rooms may be booked
only by the written request of an Assistant City Manager or a Contract Compliance Manager(as noted in the signature
block of this Agreement)on the form attached hereto as Exhibit B—Booking Request and Notice to Proceed,which
is attached hereto and incorporated herein for all purposes. Except for in exigent circumstances, the Booking Request
and Notice to Proceed shall be submitted to Hotel at least one(1) day prior to the date that the hotel rooms are required
and shall be subject to Hotel's acceptance of such request, which shall be at Hotel's discretion. Hotel further agrees
that this Agreement is not an obligation of City funds and that no amounts shall be due to Hotel unless and until a
properly executed Booking Request and Notice to Proceed is submitted by the City to Hotel. Hotel shall not perform
any additional services for the City not specified by this Agreement unless the City requests and approves in writing
the additional services.The City shall not be liable for any additional expenses of Hotel not specified by this Agreement.
2.4 Incidental Charges. City shall not be responsible for any incidental charges incurred by the Hotel's
guests, including, but not limited to, charges for local or long distance phone calls, movie or video game rentals, or
minibar or other food charges.
2.5 Meals.For each room booked by the City pursuant to this Agreement and an executed Booking Request
and Notice to Proceed, Hotel shall provide breakfast and Hotel may provide, and City may purchase, lunch and dinner
in accordance with the Food and Beverage Fee Schedule included in Exhibit A. However, City shall not be required
to purchase lunches or dinners.
2.6 Deposit and damages. City shall be responsible for any and all damages caused by a guest's animals
to a room booked and utilized pursuant to the terms of this Agreement.No deposits shall be required.
SECTION 3
TERM OF AGREEMENT
3.1 Term. The term of this Agreement shall begin on August 26. 2020 and expire on December 31, 2020
("Term"), unless terminated earlier in accordance with the provisions of this Agreement.
SECTION 4
INVOICES
4.2 On a weekly basis, Hotel shall submit type written or computer printed invoices to the City for each
room booked pursuant to this Agreement. City agrees to pay all invoices of Hotel within thirty(30) days of receipt of
such invoice.
4.3 Hotel shall submit all invoices to:
City of Fort Worth
Attn:Justin Cox, Fire Department
200 Texas St
Fort Worth TX 76102
SECTION 5
LIABILITY AND INDEMNIFICATION
5.1 HOTEL SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL DAMAGES,
INCLUDING, BUT NOT LIMITED TO, PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL
INJURY, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT
CAUSED BY THE ACTS OR OMISSIONS OF HOTEL, OR ITS DIRECTORS, OFFICERS,
REPRESENTATIVES, AGENTS, SERVANTS, CONTRACTORS, EMPLOYEES, PATRONS, GUESTS,
INVITEES, OR PROGRAM PARTICIPANTS. HOTEL HEREBY EXPRESSLY RELEASES AND
DISCHARGES CITY FROM ANY AND ALL LIABILITY FOR ANY DAMAGE, INCLUDING, BUT NOT
LIMITED TO, PROPERTY DAMAGE AND LOSS AND PERSONAL INJURY ARISING OUT OF OR IN
CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE SERVICES PERFORMED BY HOTEL
UNDER THIS AGREEMENT.
5.2 INDEMNIFICATION — HOTEL, AT ITS SOLE COST AND EXPENSE, AGREES TO AND
DOES HEREBY DEFEND, INDEMNIFY, PROTECT, AND HOLD HARMLESS CITY AND CITY'S
OFFICERS, REPRESENTATIVES, AGENTS EMPLOYEES, AND SERVANTS (COLLECTIVELY,
"INDEMNITEES") FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES,
LOSSES,LIENS,CAUSES OF ACTION,SUITS, JUDGMENTS AND EXPENSES (INCLUDING,BUT NOT
LIMITED TO, COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OF ANY
NATURE, KIND OR DESCRIPTION ARISING OR ALLEGED TO ARISE BY REASON OF INJURY TO
OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY (1) RELATING TO THE
SERVICES PERFORMED UNDER THIS AGREEMENT BY HOTEL OR ANY OF ITS OFFICERS,
REPRESENTATIVES,AGENTS,SERVANTS,EMPLOYEES, CONTRACTORS; (2) BY REASON OF ANY
OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR ALLEGED TO BE
OCCASIONED IN WHOLE OR IN PART BY ANY ACT OR OMISSION ON THE PART OF HOTEL OR
ANY OF ITS OFFICERS, REPRESENTATIVES,AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS;
OR (3) BY ANY BREACH, VIOLATION OR NONPERFORMANCE OF ANY COVENANT OF HOTEL
UNDER THIS AGREEMENT.
5.3 If any action or proceeding shall be brought by or against the City in connection with any such liability
or claim,Hotel, on notice from City, shall defend such action or proceeding at Hotel's expense, by or through attorneys
reasonably satisfactory to City.
5.4 It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity
or enforceability of the indemnification obligations under this Section, such legal limitations are made a part of the
indemnification obligation and shall operate to amend the indemnification obligation to the minimum extent necessary
to bringthe provision into conformity with the requirements of such limitations,and as so modified,the indemnification
obligation shall continue in full force and effect.
5.5 Hotel agrees to notify City promptly upon the receipt of any claim or lawsuit brought in connection
with any injury, death, or damages related to Services performed under this Agreement. Hotel agrees to make its
officers, representatives, agents, and employees available to City, at all reasonable times, for any statements and case
preparation necessary for the defense of any claims or litigation for which City may be responsible hereunder.
SECTION 6
INSURANCE_REQUIREMENTS
6.1 Contractor shall abide by the insurance requirements set forth in Exhibit C,which is attached hereto
and incorporated herein for all purposes.
SECTION 7
AUDIT
7.1 Hotel agrees that the City shall,until the expiration of three(3)years after the termination or expiration
of this Agreement,have access to and the right to examine any directly pertinent books, documents,papers,and records
of Hotel involving transactions relating to this Agreement. Hotel agrees that the 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.
SECTION 8
TERMINATION
8.1 Termination for Convenience. This Agreement may be terminated without cause by the City upon
delivery of written notice to Hotel.
8.2 Fiscal Funding Out. Notwithstanding anything to the contrary, if, for any reason, at any time during
the term of the Agreement, the Fort Worth City Council fails to appropriate funds sufficient for the City to fulfill its
obligations under this Agreement, the City may terminate the portion of the Agreement regarding such obligations to
be effective on the later of(i) ninety(90)calendar days following delivery by the City to Agreement of written notice
of the City's intention to terminate or(ii)the last date for which funding has been appropriated by the Fort Worth City
Council for the purposes set forth in this Agreement.
SECTION 9
LICENSES AND PERMITS
9.1 Hotel shall, at its sole expense, obtain and keep in effect all licenses and permits necessary for its operations.
SECTION IO
NONDISCRIMINATION
10.1 Hotel shall not engage in any unlawful discrimination based on race, creed,color, national origin,sex,
age, religion, disability, marital status, citizenship status, sexual orientation or any other prohibited criteria in any
employment decisions relating to this Agreement, and Hotel represents and warrants that to the extent required by
applicable laws, it is an equal opportunity employer and shall comply with all applicable laws and regulations in any
employment decisions.
SECTION 11
VENUE AND CHOICE OF LAW
11.1 Hotel and City agree that this Agreement shall be construed in accordance with the laws of the State
of Texas. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this
Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District
Court for the Northern District of Texas—Fort Worth Division.
SECTION 12
INDEPENDENT CONTRACTOR
12.1 It is expressly understood and agreed that Hotel and its employees, representative, agents, servants,
officers, contractors, subcontractors, and volunteers shall operate as independent contractors as to all rights and
privileges and work performed under this Agreement, and not as agents, representatives or employees of the City.
Subject to and in accordance with the conditions and provisions of this Agreement,Hotel shall have the exclusive right
to control the details of its operations and activities and be solely responsible for the acts and omissions of its
employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers. Hotel acknowledges
that the doctrine of respondeat superior shall not apply as between the City and its officers, representatives, agents,
servants and employees, and Hotel and its employees, representative, agents, servants, officers, contractors,
subcontractors, and volunteers. Hotel further agrees that nothing herein shall be construed as the creation of a
partnership or joint enterprise between City and Hotel. It is further understood that the City shall in no way be
considered a Co-employer or a Joint employer of Hotel or any employees, representative, agents, servants, officers,
contractors, subcontractors, and volunteers of Hotel. Neither Hotel, nor any officers, agents, servants, employees or
subcontractors of Hotel shall be entitled to any employment benefits from the City. Hotel shall be responsible and liable
for any and all payment and reporting of taxes on behalf of itself,and any of employees,representative,agents,servants,
officers, contractors,subcontractors, and volunteers.
SECTION 13
GOVERNMENTAL POWERS AND IMMUNITIES
13.1 It is understood that by execution of this Agreement, the City does not waive or surrender any of its
governmental powers or immunities.
SECTION 14
PROHIBITION ON BOYCOTTING ISRAEL
14.1 If Hotel has fewer than 10 employees or this Agreement is for less than $100,000, this section
does not apply.Hotel acknowledges that in accordance with Chapter 2270 of the Texas Government Code,the City is
prohibited from entering into a contract with a company for goods or services unless the contract contains a written
verification from the company that it. (1)does not boycott Israel; and (2)will not boycott Israel during the term of the
contract. The terms"boycott Israel"and"company"shall have the meanings ascribed to those terms in Section 808.001
of the Texas Government Code. By signing this Agreement,Hotel certifies that Hotel's signature provides written
verification to the City that Hotel: (1) does not boycott Israel; and(2)will not boycott Israel during the term of
the Agreement.
SECTION 15
IMMIGRATION NATIONALITY ACT
15.1 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 1-9 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.
SECTION 16
THIRD-PARTY RIGHTS AND ASSIGNMENTS
16.1 The provisions and conditions of this Agreement are solely for the benefit of the City and Hotel, and
any lawful assign or successor of Hotel, and are not intended to create any rights, contractual or otherwise, to any other
person or entity.
16.2 Hotel agrees that it will not subcontract or assign all or any part of its rights, privileges or duties
hereunder without the prior written consent of the City, and any attempted subcontract or assignment of same without
such prior consent of the City shall be void.
SECTION 17
BINDING COVENANTS
17.1 Subject to the limitations contained herein,the covenants,conditions and agreements made and entered
into by the parties hereunder are declared to be for the benefit of and binding on their respective successors,
representatives and permitted assigns, if any.
SECTION IS
AMENDMENTS,CAPTIONS,AND INTERPRETATION
18.1 Except as otherwise provided in this Agreement, the terms and provisions of this Agreement may not
be modified or amended except upon execution of a written amendment to this Agreement executed by the Assistant
City Manager and Hotel and filed with the City Secretary's Office.
18.2 Captions and headings used in this Agreement are for reference purposes only and shall not be deemed
a part of this Agreement.
18.3 In the event of any dispute over the meaning or application of any provision of this Agreement, this
Agreement shall be interpreted fairly and reasonably, and neither more strongly for or against any party, regardless of
the actual drafter of this Agreement.
SECTION 19
AUTHORIZATION AND COUNTERPARTS AND ELECTRONIC SIGNATURES
19.1 By executing this Agreement, Hotel's agent affirms that he or she is authorized by Hotel or its general
partner to execute this Agreement and that all representations made herein with regard to Motel's identity,address, and
legal status are true and correct.
19.2 This Agreement may be executed in several counterparts, each of which will be deemed an original,
but all of which together will constitute one and the same instrument. A signature received via facsimile or
electronically via email shall be as legally binding for all purposes as an original signature.
SECTION 20
SEVERABILITY AND NO WAIVER
20.1 It is agreed that in the event any covenant, condition or provision herein contained is held to be invalid
by any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall in no way affect
any other covenant, condition or provision does not materially prejudice either Hotel or City in connection with the
right and obligations contained in the valid covenants, conditions or provisions of this Agreement.
20.2 The failure of either party to insist upon the performance of any term or provision of this Agreement
or to exercise any right granted hereunder shall not constitute a waiver of that party's right to insist upon appropriate
performance or to assert any such right on any future occasion.
SECTION 21
COMPLIANCE WITH LAWS
21.1 This Agreement is subject to all applicable federal, state and local laws, ordinances, rules and
regulations, including, but not limited to, all provisions of the City's Charter and ordinances, as amended.
21.2 If City notifies Hotel or any of its officers, agents, employees, Hotels, or subcontractors, of any
violation of such laws, ordinances, rules or regulations, Hotel shall immediately desist from and correct the violation.
SECTION 22
SOLE AGREEMENT
22.1 This Agreement, including any exhibits attached hereto and any documents incorporated herein,
contains the entire understanding and agreement between the City and Hotel, and any lawful assign and successor of
Hotel, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared
null and void to the extent in conflict with any provision of this Agreement.
[signature page follows]
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
TesusT. Chc�pc� administration of this contract, including
By: Jesus).Chapa(Aug 28,202010:38CDT) ensuring all performance and reporting
Name: Jay Chapa requirements.
Title: Deputy City Manager
Date: Aug 28,2020
By: Mark Bro n(Aug 28,2020 09:39 CDT)
Approval Recommended: Name: Mark Brown
Title: Sr. Land Agent
:79f�l,I CV
Justin Cox(Aug 27,2020 21:28 CDT)
By: By.
Name: Roger Venables Name: Justin Cox
Title: Assistant Director, Property Title: Grants Manager
Management
44.p40pnn�
o�F000 a
Attest: o}o o°p�� Approved as to Form and Legality:
a°o a=d Mitt M�c�r
-49
d oo 000a��[� Matt Murray(Aug 28,20 0 10:19 CDT)
By: �(,� aaaan n psgaa Name: Matthew A. Murray
// Title: Assistant City Attorney
Name: Mary Kayser
Title: City Secretary Contract Authorization:
M&C: Not required
HOTEL:
1701 COMMERCE ACQUISITION,LLC DBA AS SHERATON
FORT WORTH DOWNTOWN HOTEL
By:
Name:
Title:
Date:
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
EXHIBrr A-BOOKING RATES
Individual rooms on an as-needed basis: $159.00 per room per night
FOOD & BEVERAGE:
Based on City's requirements, Hotel's will provide the following
pricing for meals as needed for guests in room and shelter management
staff at the hotel:
Breakfast: Included with each room
Lunch: $12 per person
Dinner: $18 per person
Meals will be individually packaged & delivered to individual rooms, no
communal food or beverage will be served on Hotel premises -- City and Hotel
must mutually agree on a set delivery time for each meal on each day.
Meeting rooms on an as-needed basis:
Dates: August 26, 2020 — September 2, 2020
Room: Century Room 1& Century Room 11
Meeting times: 24-hour hold
Rental: $400.00 flat per day
Laundry:
Based on group's requirements, Hotel's will provide laundry bags and
slips for each room daily. Third party cleaner will pick up at 9:00am
daily and return by 6:00pm same day. The pricing for laundry services
is as-needed for guests in room and shelter management staff at the hotel
at the prevailing price list (document 1 attached)
EXHIBIT B—BOOKING REQUEST AND NOTICE TO PROCEED
This Booking Request and Notice to Proceed is made as of , 2020
by and between 1701 COMMERCE ACQUISITIONS, LLC DBA AS SHERATON FORT
WORTH DOWNTOWN HOTEL (the ".Hotel") and the CITY OF FORT WORTH ("City")
and pursuant to that certain EMERGENCY BOOKING AND RENTAL AGREEMENT dated
August , 2020.
Hotel and City now agree as follows:
❑ The City agrees to book rooms for nights beginning on
, 2020 and ending , 2020 at a rate of$159.00 per room
per night.
❑ The City agrees to book meeting space as follows:
CITY OF FORT WORTH
By:
Name:
Title:
Date:
1701 COMMERCE QUISITION,LLC DBA AS SHERATON FORT WORTH DOWNTOWN
HOTEL
By:
EXHIBIT C-INSURANCE REQUIREMENTS
EXHIBIT D--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.
B. TERMINATION RIGHTS, 2 CFR §200.326 Appendix H 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 or in part, for the convenience of the City. City shall give
Contractor thirty (30) days prior written notice of termination specifying the portions of the
Agreement to be terminated and when such termination will become effective. If only portions of
the parties' agreement are terminated, Contractor has the right to withdraw from the parties'
Agreement, without adverse action or claims. 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.
Termination for Cause: The City may, by written notice of default to Contractor, terminate the
parties' Agreement, in whole or in part, if the Contractor fails to satisfactorily perform any
provisions of the parties' agreement after a period of ten (10) following Contractor's receipt of a
Notice of Deficiency provided by City.
C. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE (2 CFR §200.326 Appendix 11
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
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))
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 104-009-21January 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 11 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
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 orto 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 Iower 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. 7401-7671q.) 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.
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. § I80.995), 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 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 H to Part 200
P)
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 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 11
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;
(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.epa.Mv/c 1 roducts/htm.
K. ACCESS TO RECORDS
(1) 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.
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 Iaws, 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.
SHERATON FORT WORTH DOWNTOWN BOOKING REQUEST AND NOTICE TO
PROCEED NO. I
This Booking Request and Notice to Proceed is made as of August 27,2020 by and between 1701
COMMERCE ACQUISITIONS, LLC DBA AS SHERATON FORT WORTH
DOWNTOWN HOTEL (the "Hotel") and the CITY OF FORT WORTH ("City") and
pursuant to that certain EMERGENCY BOOKING AND RENTAL AGREEMENT effective
August 26, 2020.
Hotel and City now agree as follows:
® The City agrees to book two hundred (200) rooms for seven (7) nights beginning on
August 26, 2020 and ending September 2, 2020 at a rate of$159.00 per room per night.
® The City agrees to book meeting space as follows:
Dates: August 26, 2020— September 2, 2020
Room: Century Room 1& Century Room 11
Meeting times: 24-hour hold
Rental: $400.00 flat per day
CITY OF FORT WORTH
-
By: Justin Cox(Aug 27,2020 21:28 CDT)
Name: Justin Cox
Title: Grants Manager
Date: Aug 27,2020
1701 COMMRCE ACQUISITIONS,LLC DBA AS SHERATON FORT WORTH DOWNTOWN
HOTEL
By: