HomeMy WebLinkAboutContract 60633CSC No. 60633
DONATION AGREEMENT
Trinity River Waterwheels for Floatables Management
This Donation Agreement ("Agreement") is effective, as of the date of final execution, ("Effective
Date") by and between THE PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY, INC.,
a Texas nonprofit corporation ("Donor"), and the CITY OF FORT WORTH, a Texas home rule municipal
corporation ("City"), each individually referred to as a "party" and collectively referred to as the "parties".
WHEREAS, as the water supplier for over two million people in Fort Worth, Texas and
surrounding communities, the City have a keen interest in protecting and preserving the quality of local
waterways; and
WHEREAS hundreds of tons of trash and debris are deposited each year into local creeks, rivers,
and waterways —including the trash and debris that accumulates along the Trinity River after a rain event —
which serve as major sources of drinking water for millions of North Texans; and
WHEREAS in order to reduce the amount of trash and debris washing into local waterways, the
City, in partnership with the Tarrant Regional Water District ("TRWD"), seeks to install two large, wheel -
based floatable litter capture devices known as waterwheels with the ability to remove litter and debris from
the Trinity River (the "Trinity River Waterwheels"); and
WHEREAS in addition to the direct impact of removing litter and debris from the Trinity River,
the Trinity River Waterwheels also have a significant educational outreach impact on litter awareness by
serving as visual reminders of the collaborative efforts between City, TRWD, and other partners to combat
litter within the watersheds; and;
WHEREAS Donor desires to support the City's operation and maintenance of the Trinity River
Waterwheels by contributing to the City a cash donation in the amount of $100,000.00.
NOW, THEREFORE, in consideration of the mutual benefits and obligations set forth herein, the
receipt and sufficiency of which are hereby expressly acknowledged, the Parties agree as follows:
1. Donation of Funds. Donor agrees to donate to the City the amount of One Hundred
Thousand Dollars and 00/100 ($100,000.00) (the "Donation") for the City's operation and maintenance
of the Trinity River Waterwheels.
2. Citv's Responsibilities. In exchange for the Donation, the City agrees to provide the
following:
❑Donor branding physically on Trinity River Waterwheels
❑Opportunity to participate in name of Trinity River Waterwheels
❑ Exclusive title sponsorship for the Trinity River Waterwheels through
®Donor's name and logo will be listed on the Trinity River Waterwheels website
®Personal tour of Trinity River Waterwheels with Keep Fort Worth Beautiful board
members
®Donor's logo on Trinity River Waterwheels signage
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
®Photo opportunity with shovel at groundbreaking ceremony
®Quarterly metrics update
®Donor gift
®Donor's logo on opening ceremony program
®Donor's logo on groundbreaking ceremony program
®Donor's logo on opening ceremony banner
®Invitation to the opening ceremony with Donor's name listed on printed program
®Invitation to the groundbreaking ceremony with Donor's name listed on printed
Project program
®Thank you letter from the City
3. Donor Responsibilities. In addition to the Donation, Donor agrees to provide the following:
®Donor's logo
® Excerpt about Donor for inclusion on the Trinity River Waterwheels website
®Number and names of Donor's employees attending the groundbreaking or opening
ceremonies
®A booth at the opening ceremony
4. Notice. Notices under Agreement will be conclusively determined to have been delivered
when received by electronic mail, addressed as follows:
To CITY:
City of Fort Worth
Attn: Assistant City Manager
200 Texas Street
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
With copy to Fort Worth City Attorney's
Office at same address
To DONOR:
The Presbyterian Night Shelter of Tarrant County, Inc.
2400 Cypress Street
Fort Worth, Texas 76102
Attn: Toby Owen
5. Consent of TRWD Reauired. Donor expressly understands and agrees that the approval of
TRWD, as owner of the Trinity River Waterwheels, may be required for some or all of the City's
Responsibilities. The City will use its best efforts to obtain TRWD's approval and, in the event that
TRWD's approval is not obtained, will coordinate with Donor and TRWD to provide alternatives
acceptable to Donor, TRWD, and the City.
6. Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
7. Governing Law / Venue. This Agreement will be construed in accordance with the laws
of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this
Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas, Fort Worth Division.
8. SiL-nature Authority. The person signing this Agreement hereby warrants that they have
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This
Agreement and any amendment hereto, may be executed by any authorized representative of Donor.
9. Electronic Signatures. This Agreement may be executed by electronic signature, which will
be considered as an original signature for all purposes and have the same force and effect as an original
signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions
(e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via
software such as Adobe Sign.
10. Entirety of Agreement. This Agreement contains the entire understanding and agreement
between City and Donor, their assigns and successors in interest, 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]
CITY OF FORT WORTH:
By: ValeriWashington (Dec 21202310:55 CST)
Name: Valerie Washington
Title: Assistant City Manager
Date:
, 20
APPROVAL RECOMMENDED:
By: CMW (Del J2023 08:2 ST)
Name: Cody Whittenburg
Title: Interim Environmental Services Director
Environmental Services Department
ATTEST:
By:
Name: Jannette S. Goodall
Title: City Secretary
DONOR:
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CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all
performance and reporting requirements.
By:
Name: Nixalis Benitez
Title: Interim Environmental Program Manager
Environmental Services Department
APPROVED AS TO FORM AND LEGALITY:
By:
Name: Matthew A. Murray
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 21-0985 / December 14, 2021
Form 1295: N/A
The Presbyterian Night Shelter of Tarrant County, Inc.
By: Toby en (Dec 19, 202317:22 CST)
Name: Toby Owen
Title: CEO
Date: December 19, 2023
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX