HomeMy WebLinkAboutContract 28191FUNDING AGREEMENT ���� �����'��� - -
BETWEEN ���T'R�C:� �. �- r� r' �� 1�.
CITY OF FORT WORTH
AND
IN'I�ERNA'T�ONAL SISTER CITY ASSOCIATION �F FORT WORTH, INC.
Tlus FUNDING AGREEMENT ("Agreement") is made . a�d entered into by and
between the CITY UF FORT WQRTH (the "Cit�'), a home rule mu�cipal carporation
situated in Tarrant and Denton Counties, Te�as, whose business address is 1000 ThrQckmorton,
Fort Wortk�, TX 76102, acting by an.d through Charles Boswell, its duly authorized Assistant City
Managez, and the INTERNATIONAL SISTER C�TY ASSOCYATT01�1 OF FORT WORTH,
INC. (the "Association"), a Texas nai-for-prafit corpora#ian, acting by and through Mae Johr�.son,
its d.uly a,uthorized Execuiive Director.
In co�ideration of the mutual covenants, prarnises and abligataons contained herein, the
parties agree as �ollows:
L FUNDING AND SCOPE OF SERVICES.
Pursuant to V.T.C.A., Tax Code Chapter 351 a11d the Code of the City of ForC �Worf,Yr.
("City Code") § 32-17, the City agrees to pay Association�.during the term of tlus Agreement
quarterly installment, which will not exceed the total af Three Huridred Five Thatxsand Si�
Hundred Eighty-Six Dollars ($3Q5,686) from revenu� generated by the City's hotel occuparicy
�ax. �
In return, Association will promofe tourism and the conv�n�on and hotel industries.
Specifically, Association will coorclinate all activities in�olving the City anc� its Sister Cities. Far
example, Association wi11 coordinate culiural, educational and athl�iic exch�anges. Associaiion
5ha11 alsa caort�inate meeting facilil�es, �otel accommodations and travel plans in conjunction
wit11 sister Cxty activities. In addition, Associatian shall perform other services in connectian
with Sister Ciiies ac�ivitzes as the City may request from tame to time a�d shall atiend aIl
meetings as requested by City officials. Association agrees that expenditures of any fiinds
received hereunder shall be far purposes tk�at fully comply wifi11 �h� requi.rernen�s of V.T.C.A.,
Tax Code § 351.101. In perfo�rma�ce of such sei-v�ices, Association commi� to meet service
performance criteria as set �ui in Exhibft A attached het•eto and incorporated herein far all
purposes incident to this cont�ract. -
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�. TERM OF AGREEMENT Al�ID TERMINATION.
(a) This a�r�em�nt sha11 commence on October 1, 2Q02, and end on Sep�ember 30,
2003. The City may terminate t�is agreement for c�.use by giving Associa�ion written notice no�
less than thirty (30) days priar to the effective date of such iermination.
(b) Tf the City exercises its right to terminate this agreement prior to its expiration,
Associatior�'s obligations to �he City under #his agreernent sha11 continue until the date such
termination actually takes effect. On the date a� ter�minataon, Association sball reunburse to t�.e
City all funds it has received, but not encumber�d by contraci, pursuant ta ihis Agreement.
(c ) In the avent that na �unds or insufficieni funds are appropriated by City in any
fiscal period for any payments due hereundex, City wilI notify Association of such occurrence
and this Gontract shall terminate on the last day o� �e fiscal period for which appropriations
were received without penalty or expense to City of any kind whatsoever, except as to the
portions af the payments herein agreed upon for which funds shall have been appropriated.
3. PERFORMANCE.
{a) In accordance with V.T.GA., Tax Code § 351.161(�, Associatia� agrees that the
fiznds received hereunder may be used fox day-to-day apexatio�.s, supplies, salaries, office rental,
t�avel expenses, and ather adminisfxative costs onXy if those ac�ministrative expenses are incurred
directly in the promotian and servicing expend'rtures authorized under Ta.� Cade 35 �. l 0I {a).
(b) Association further agrees that it will mainiain �all funds received hereunder in a
separate account. Association sha1l not commingle such funds with any other funds or marntain
such funds i�t� any other accot�n�s. In addition, Association's expenditure of such funds shall
strictly be in accordance with. its Budget, attached as Exhibit �, and incorporated h�rein by
re�erance for all purposes. Associatian uaaderstands and agrees that upon the acceptance of funds
hereunder, a fiduciary duty is cr�ated wi�h respect to the e�pencliture of such funds.
(c} Association shall submii quarterly financial reports to the Czty �at xeflect aIl
receipts and disbursexnents of funds received pursuant to thi� agr�em�nt. In adciition, within
thirt:y (30) days following the end of the City's fiscal year, Association shall submzt ta th� City an
annual financial report that reflects all receipts and disbursements of such funds received during
the term o�' this Agreement and that sets forth all other material informaiion pertaining to the
financial activities and financial conclition o�'the Associat�on.
�d) Associa�ion shall submit quarierIy ser�ice performance reports �a �he Crty
thati re�ect se�-vices and activities �ndertaken by AssociatiQn in performance of this
contrac�. Each report wil� be s�gned b� a duly a�t��torized agent of As�ociation. rn
addition, wiihiu thirty (3�j days follovving the end of the C�ty's ��cal �ear, Associatiou shall
submit to the City an annual service performance �•eport th.at reflect al� servi�ces and
activi�ies unc�ertaken by Association in perfarmance of ihis co��ract. - __ ;
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(e) At a,ray time during the tezm o£ fhis agr�ement, �he Ci�ty shall have the right to
authorize an aud�t of Associatian's recards as they pertain to its receipt and expenditure af futids
hereund�r. Such audiis shall be prepared at the City's expense. However, i� any such audit
reveals material discrepancies i.n the Associanon's xecords, Associa�ion agrees that it shall
reimburse the City for the full casts o� such audiY.
4. BOND HOLDER RIGH'T5.
The City's obligations and Associa�ion's rights under this Agreement shall be subordinate
to and lirnited by the �erms and conditions of all subsequent City ordinances which auihorize the
issuance of honds whose payment is pledgad upon the Ci�y's hotel occupancy �. Association
agrees and understa�.ds that rights af the holders of any such xevez�ue bonds shall be superior in
all respects ta the rights of Association. � Hawever, the City, to the extent praciicable, shall give
Association as much prior notice as reasonably possible of the City's intent to issue such bonds.
�. I�TSURANCE.
(a) Association shall procure and maintain at aIl times, in full force and effecfi, a
liability insura.nce policy as specified k�erein, namix�g the City of Fort Woz�kh as an additional
insured and covering all� public risks related to the activzties performed pursuant to tihe t�rms of
this Agreement. Association shall abtain a liability insurance policy with the following
coverages at the fallowing Iimits:
Bodi�y Injury and Property Damage:
$250,000 per person;
$500,000 per occ�ence
{b) Insurance requirements may be re�ised at the City's option, an.d Association will
accord�ng�y in.c:rease such amounts within thzrty (30) days following written not�ce to Assoczafizon
a� sueh requirement. This �surance policy sha�l be endorsed to pravide that no material ehanges
in coverage, including, but not limit�d to, cancellation, termination, non-renewal ar am�ndment,
shall be made wii�iout �hirl.y (30) day's prior written notice to the City.
(c) Association shall maintain its inst�rance with undeiwriters authorized ta do
business in the State of Te�as and which are satisfactory ta tk�e City. As a condr.rion precedent to
the e£fectiveness of tlus Ag�reement, Association shall fi�r�ish t`he City with a certificate of
insurance as proof that it has obtained ihe types and amount� of insurance coverage required
herein. Copies of the policy shalZ also be provided if the City so requests. Tn addition, at any
time Associanon shall, on demand, provide the City with eviden.ce that it has maintained such
covexage in �'ull �'orce and effect.
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6. �NDEPENDENT CONTRACTOR,
Ii is expressly understood and agreed that Association shail operate as an independent
contractor as to all services and obligations performec� hereunder, and not as an ageni,
representative or �mployee of the Czty. Association shall have the exclusive right to control the
details of its operations and a��ivitias and sha11 be solely z-es�ansible foz- trie acts and omuissians of
i�s boards, officers, agents, servan�s, employees, cantractors, subcontractors and members. The
Assaciation acknawledges that the docirine of respondeat super�ior shall not apply as between the
City and Associatiaz� its boarc�s, officers, agents, servants, employees, contractors, subcontractors
and members. Associatian �urther agxees that nothing herein shall be construed as the creation of
a partnership or joint enterprise betw'een the City and Associatian.
'�. INDEMNIFICATION.
ASSOCIATTON HEREBY ASSUMES ALL LIABII.TTY AND RESPONSIBII,ITY
FOR PRQPERTY LOSS, PROPERTY DANIAGE ANDIOR PERSONAL �NJURY OF
ANY HIND, INCLUDING DEATH, TO ANY A1�7D ALL PERSONS, OF ANY KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, ARYSTI�TG OUT OF OR IN
CONNECTION WITH THE RECEIPT OR EXPENDITURE-�F CYT'Y FUNDS OR THE
�PROV�S�ON OF ANY SERVICES HEREUNDER. ASSOCIATION COVEN'ANTS AND
AGREES TO, AND DOES AEREBY, INDEli�NIFY AND HOLD H�l,�1VII.ESS AND
DEFEND THE CITY, ITS OFFICERS, AGEI�ITS, SERV.�N'TS AND Eli�IPLOYEES,
FROM .A.i�TD AGAINST ANY AND ALL CLAIMS QR LAWSUIT5 FOR EITHER
PROPERTY DAM.AGE OR LOSS �D/OR PER�ONAL INJURY QF ANY HIND;
INCLUDING DEATH, TO ANY AND ALL PERSON5, OF ANY HIND OR
CHARACTER, WHETHER REAL �R ASSERTED, ARI5iNG OUT OF OR IN
CONNECTION WITH THE RECEIPT OR EXPENDITURE OF CYTY FUNDS OR THE
PROVISI4N OF ANY SERVICES HEREUNDER.
8. ASSIGNMENT.
The Association shall not assign, sell, convey or tra�sfer �its interest under this agr��ment.
Any such attemp�ed assignm�nt o�' same shall be null axid void.
9. 1�T01�1'-DY5CRIMINATION COVENANT.
Assaciation ag�rees that, in a11 phases of its performance under this Agre�meni, it shall not
discriminate or permit discx7mi.nat�on against any person, including, but noi limit�d to, ernployees
or prospec�.ve employees of Association, on the basis af race, color, national origin, religion,
handieap, sex, sexual orientaiion or familia.� St�tl15. A550C13�1Ori agrees to compJ.y with the
provisions of Chapter 17, Article III, Division IlI {"[Discrimination in] Employment Practices")
of the City Code and with stat� and federal equal opportuniiy s#atutes. Association shall insert
simil� provisions in alI subcontracts for �ervices cover�d by this Agreezxxent.
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x0. GOVERNMENTAL POWERS.
It is understood and agreed th�.t by execution of t}iis contract, the City daes no� waive oz�
surrender any of its governmen�al powers.
11. NO WAIVER.
The faaluxe of the Ciiy to insist upon the performance of any term or provision of this
agr�ement or �o exercise any riglit granted herein shall not constitute a waiver of th� City's right
ta insist upon a�propriate performance ox ta assert any such right on any future occasion.
i�. VEIiTUE.
Should any action, whether real or assert�d, at law or in equYty, arise tiut af ihe texms o�
this contract, venue �or said actian shall t�e in Tarrant County, Texa�.
13. SEVERABILITY.
If any pz'ovision of this agreement shall be held to b� inva�id, ill.egal or unenfarceable, ihe
validity, legality and enforceability of the remaining pravision shall not in any way be a�fected or
ilnpaired. .
14. ENT`IRET'Y OF AGREEIi�IENT.
This written insf.rument, including a�y documents incorporated herein by refezenca,
con�aiz�s the eniire understanc�ing and agree�nent betvveen the City aiald Museum as to the matters
�18iBIi1 GOilta]TIE[�. Any prior or contemparaneous oral or vwritten agreemez�t is hereby declared
nu11 and eoid ta tkfe e�tezzt in conflict with tlus Agreemen�. This Agreement shall nat be
amended unl�ss agreed to in writing by both parties and approvcd by the City Council af the
City.
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I1�I W�TNESS WFfEREOF, the parties hereto have executed �his agreement in muliiples
to become effective fox �he stated tez�m upa�. the filing with and assignmen� of a contract nuxnber
by, the City Secretary's Office of fi11� City of Fort Worth, Texas, this day of
� _ _ _ _ _ . . _ , A.D. 2002.
CITY OF FORT WORTH
By: ._ I J t---
Cha�rles Boswell V
Assistant City MariagEr
ATTE� � ,
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By:�., �_ �,:, � _ _ .
Ciry Secretazy J �
APPROVED AS TO FORM AND LEGALITY:
. � �� `��-
Assxstaa�t Cxty Attorney
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M&C:
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INTERNATIONAL �ISTER CITY
ASSOCIATION OF FORT WORTH
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By: _ _ � _�'f
Mae 3�ohnson ° �
Executive Director � �
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, �Nl�r�
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STATE OF TEXAS �
COUNTY OF TARRANT §
BEFORE ME, the undersignec� authority, a Notary Public in anc� for fixie Siate of Texas,
on tkus day personally appeared Mae Johnson, known to me to be the person whose name is
subscri�ed to the foxeg�xng instru�ment, and ackn.owledged to me that the same was the acf of the
Interriational Sister City Associatiori oi Forf Warth, Inc., and th�.t she executed the same as the
act of ihe Tnternaiional �ister City Association af Fort Worth, Inc., far the purposes and
consideration therein expressed and in the capacity th�rein stated.
�/ G N tTNDER MY HAND AND
/SLf1�/�'t��l� , 2002. �
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STATE OF TEXAS §
COUNTY OF TARRANT §
Public in axxd'f�r` the Sta#e of
day o�
BEFOR.E ME, the undersigned authority, a Notary Public in and for the State af Te�as,
on this day personally appeared Charles Bosweli, 3ffiown to me io be the persan �whase name is
subscribed to the �aregoing znstrurr�ent, and acknowledged to me that the same was the act ai xhe
City of Fort Worth and that he executed the same as the act of said City of Fort Warth for the
purposes and consideration therein exp:ressed and in the capacity th�rein stated. .
GNEN UNDER MY HAND AND SEAL OF OFF�CE tlxis o�� y of �� ,
2002.
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NOTARY PIJBLIC
i�� 1.�� S�ate oiTexas
� oF �' Comm. �xp. 03-31-2005
• IJ y il 5•� 1� li i �i • O ��"� 4.� %'4,
/��� /�t�,.�- �
Notary Public in and for the Sta��; af T�xas
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C'ity o,�1�'o�t �orth, Texas
fi�l�yor �r�d Cour��i[ Commur�i��-tior�
DATE �rEFERENCE NUMBER LOG NAME �AG�
1a�2sro2 **�d�g��9 02SISTER I
SUBJECT CONTRACT WITH FORT WORTH S15TER CITIES INTERNATIONAL
RECOMMENDATION:
'1 of 3
It is recommended that the City Council authorize th� City Manager to exec�te a contract with Fort
Worth Sister Cities International for $305,686 to begin October 1, 2Q02, and expire September 30,
20Q3.
DISCUSS{ON:
�u�ds for this program are appropriated to the ager�cy by the City from a portion of the HotellMotel
Occupancy Tax receipts.
Fort VlJorth Sister Cities Internatiana� has facilitafied the involvement of fhe City of Fort Worth with the
following six cities:
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Reggio Emilia, Italy;
Trier, Germany;
Nagaoka, Japan;
Bandung, lndonesia;
Budapest, Hungary; and
Toluca, Mexica.
F15CAL [NF4RMATION/CERTI�IGATION:
The Finance Director certifies that funds are avaifable in tf�e current operating budget, as ap�ropriated,
of the Culture and Taurism Fund.
CB:lc
Submitted for City M�nager's
Oifice 6y:
Charles Boswell
Originating Department Head:
Charles Boswell
Additional Informatios� Contact:
Charles Baswell
I FUND I ACCOUNTI CENTER
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bl$3
GI$3 I (from)
GG04 539120
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6183 I
AMOUNT CITY SECRETARY
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I AF'PROV�D 1�/29/62
0247p00 $305,586.00 �
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