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HomeMy WebLinkAboutContract 61501-A1CSC No. 61505-A1 AMENDMENT NO. 1 TO CITY OF FORT WORTH CONTRACT No. 61505 This Amendment is entered into by and between the City of Fort Worth (hereafter "City"), a home rule municipality, with its principal place of business at 200 Texas Street, Fort Worth, Texas, and American Miniature Horse Association ("Vendor"), City and Vendor may be referred to individually as a Party and collectively as the Parties. WHEREAS, on June 6, 2024, the Parties entered into City Secretary Contract No. 61468 as the Event Support Contract for the 2024 American Miniature Horse Association World Championship ("Agreement/Contract"); WHEREAS, the Parties wish to amend the Agreement to revise section 5, entitled "General Obligations of the Parties." NOW, THEREFORE, the Parties, acting herein by the through their duly authorized representatives, enter into the following agreement: 1. AMENDMENTS The Parties hereby agree to the following amendments to the Agreement: Section 5(b)(i) entitled "City" is amended to read as follows: (i) The City is obligated to host the Event and provide a facility rental discount of $29,450 to the Company. Sections 5(b)(iii) through 5(b)(vi) are amended and renumbered as follows and to include a new Section 5(b)(vii): (iii) The above notwithstanding, the Company and the City agree that there are certain actual expenses that the City will necessarily incur as a part of its obligation to host the Event. These expenses may include, the following: (A) Facility rental discount; (B) Full -Time and Part -Time Public Events Department employee labor including Event Coordinators, Event Attendants, Crew Leaders, Supervisors, Managers, Stagehands, Skilled Trades Technicians, and Barn labor; (C) Temporary labor and contract labor including manual labor, ticket takers, door guards, ushers, security, parking, wayfinding, stagehands, and life safety personnel; Amendment No. 1— CSC No. 61SOS OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX (D) Waste disposal including dumpsters, roll -offs, trash cans, dumpster pulls, dumpster rental, cattle pen, and horse stall cleaning, recycling dumpster pulls, and recycling dumpster rentals; (E) Operating supplies including paper towels, toilet tissue, hand soap, hand sanitizer, urinal screens, air freshener, batteries, gas, diesel, propane, scoop shovels, brooms, dust pans; (F) Equipment rental including tractors, arena drags, water wagons, utility vehicles, boom lifts, utility trailers and barricades; (G) Dirt and dirt work services including dirt, clay, sand, cattle pen materials, horse stall materials, cattle tie areas, arena leveling, arena cleanout, and grounds maintenance; (iv) In accordance with the supporting documentation submitted to the EDT and the terms of this Agreement the Company is eligible to receive reimbursement for actual expenses incurred by the Company up to the Total Fund Amount, and the City is eligible to receive reimbursement for actual expenses incurred by the City up to a maximum of 25% of the Total Fund Amount. The City shall be responsible for distributing the Total Fund Amount to reimburse the City and Company for the expenses set forth in Section 5. (v) The Company shall provide invoices to the City for expenses incurred for the Event. The Company shall provide any supporting expense documentation as required by the City or as requested by the EDT to the full satisfaction of both the City and the EDT for the Event. The City will make payment(s) to the Company within thirty (30) business days after receipt of such payment from the EDT in accordance with the terms of this Agreement. The City will be responsible for dealing with the EDT with respect to disbursements from the Fund and distributing the Total Fund Amount in accordance with the terms of this Agreement. (vi) Any payments to the Company as set forth in this Agreement are limited to the maximum amount available from and approved for eventual distribution from the Fund established for the Event and must be eligible for payment by the Events Trust Fund program. Under no circumstances shall the City be obligated to Company for more than that maximum sum when, and if, received from the Fund for the Event. The Company shall not seek, and will not be entitled to, payment from the City for any costs not distributed by the EDT from the Fund established for the Event. (vii) Notwithstanding anything to the contrary, City may withhold all distribution of payments to Company under this section if Company has any outstanding obligations owed to the City pursuant to any contract with the City. If the City withholds any funds for this reason, then the City shall provide a written statement to Company, detailing the outstanding Amendment No. 1— CSC No. 61SOS 2 obligations. Company shall have thirty (30) calendar days from the date it receives City's written statement to cure any such outstanding obligations ("Cure Period"). The Cure Period can be extended by written agreement of the City and Company. Notice shall be as prescribed in Section 11. If Company cures its outstanding obligations within the Cure Period, then the City will make distributions from the Total Fund Amount in accordance with the procedures set forth in in this Section, which procedures will begin anew on the date Company cures its outstanding obligations to the City. If Company fails to cure its obligations within the Cure Period, then the City has the absolute right to offset any amount owed to the City by Company against the Total Fund Amount and take immediate possession of such funds to satisfy all outstanding obligations. The City and Company acknowledge that any such offset shall not be construed as a distribution of Funds under this Agreement, but as payment by Company of funds owed to the City for application toward any outstanding obligations owed to the City. If the City exercises its right of offset, then Company hereby waives its right to receive any reimbursement or distribution from the Total Fund Amount under this Agreement that is subject to the offset amount. To the extent that any funds remain from the Total Fund Amount after the City applies the above -stated offset, then the City will distribute such funds in accordance with the terms of this Agreement. If the offset is not sufficient to discharge all of Company's outstanding obligations to the City, Company will continue to be obligated to pay the City all amounts remaining after application of the offset, and the City will retain all legal rights and remedies available to it to collect such amounts. 2. ALL OTHER TERMS SHALL REMAIN THE SAME All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. 3. ELECTRONIC SIGNATURE This Amendment may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. A facsimile copy or computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the same effect as anoriginal. Amendment No. 1— CSC No. 61SOS ACCEPTED AND AGREED: CITY OF FORT WORTH: B William Johnson (S p 3, 202410:53 CDT) Y Name: William Johnson Title: Assistant City Manager Date: APPROVAL RECOMMENDED: Name: Michael Crum Title: Public Events Director ATTEST: *1090' via ,ao OVo ^Sd A_.Z'zS�xs a°nn neoa54a By: Name: Jannette S. Goodall Title: City Secretary 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: Michael Crum Title: Public Events Director APPROVED AS TO FORM AND LEGALITY: By: Name: Taylor Paris Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 1295: AMERICAN MINIATURE HORSE ASSOCIATION By: lllaAA Z/ ' c� Valerie Shingledecker Office Manager/Show Department Date: 8/28/24 Amendment No. 1— CSC No. 61SOS OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 4