HomeMy WebLinkAboutContract 32322 (,-IT ,( SECRETARY i
-,ONTRACT NO.
AGREEMENT CONCERNING GROUP ROOM BOOKINGS BETWEEN THE
CITY OF FORT WORTH and THARALDSON PROPERTY MANAGEMENT,
INC. D/B/A HAMPTON INN.
STATE OF TEXAS §
COUNTY OF TARRANT §
This Group Room Booking Agreement ("Agreement") is entered into by the City
of Fort Worth, Texas ("City"), a home-rule municipal corporation situated in Tarrant,
Denton, and Wise Counties, Texas, acting by and through its duly authorized Assistant
City Manager, Joe Paniagua, and Tharaldson Property Management, Inc. d/b/a Hampton
Inn ("Hotel"). (Sometimes City and Hotel are referred to individually as a "Party" and
collectively as the "Parties").
ARTICLE I
RECITALS
A. City has received an influx of evacuees fleeing the Gulf Coast and the City
of New Orleans, Louisiana as a result of the wide spread devastation and flooding
following Hurricane Katrina's landfall in southern Louisiana, Mississippi and Alabama.
B. City has determined that extraordinary measures must be taken to alleviate
the suffering of evacuees arriving here from the Gulf Coast seeking temporary shelter.
The influx of these evacuees to the City has created a state of disaster in the City and
therefore on September 1, 2005, the Mayor of the City of Fort Worth declared a state of
disaster in the City of Fort Worth, Texas pursuant to section 418.108 of the Texas Local
Government Code.
C. City anticipates that expenditures by City pursuant to this Agreement will
be reimbursed by the Federal Emergency Management Agency of the United States
Department of Homeland Security ("FEMA"). The Parties acknowledge to each other
that the timing and amount of that reimbursement is unknown to the Parties.
D. The purposes of this Agreement are to set out the mutually agreeable terms
and conditions relating to Group Rooms Bookings for such evacuees (hereinafter referred
to as guest or guests) as City determines to place in Hotel and to provide for the payment
by City of the charges for such rooms in anticipation of subsequent reimbursement to
City by FEMA.
Hotel Agreement Page 1 of 6 Rev. 9-6-05
NOW THEREFORE, for and in consideration of the mutual agreements,
covenants, and conditions hereinafter set forth, and for the consideration of the mutual
promises recited herein the sufficiency of which is hereby acknowledged by the Parties,
the Parties contract and agree as follows:
ARTICLE II
ROOM RATES and RELATED MATTERS
a) City shall have no responsibility for any charges for any guest who has not
been placed in the Hotel by the City.
b) ROOM RATES: All rates quoted are based upon the group's sleeping room
requirements as outlined in the attached Exhibit "A" ("Room Rates").
Upgrade to a larger room or suite may be available upon request; provided
however, the guest shall pay any difference in rate. City shall have no
responsibility for any charges for any upgrade made by any guest.
C) DEPOSITIPAYMENT. The specific deposit and payment terms are outlined
in this Agreement. It is understood that all payments must be made in U.S.
dollars.
d) BILLING: Room charges shall be assessed for each room from the date a
guest is checked into that particular room. It is understood that the cost of
each room will be assessed and invoiced by the Hotel to the City, with
payment within (30) days after receipt of said invoice. Hotel will bill the City
every 14 days and shall additionally send a notice of expenses to the City each
week as required under Article III.
e) City shall not be responsible for any incidental charges incurred by any guest
including but not limited to charges for local or long distance calls, movie or
video game rental, or minibar or other food charges.
f) HOTEL ARRIVALS AND DEPARTURES: During periods of high
occupancy, group rooms may not be available upon arrival. Rooms will be
made available for group check-in as soon as possible.
g) Hotel acknowledges and agrees that because City is in a state of disaster,
Hotel waives standard check-in and checkout times as necessary.
h) EXTRA PERSON and CRIBS: There is no charge for children 18 years of
age or younger, provided they share the same room with their parent(s)or
guardians with existing bedding. Cribs shall be provided at no extra charge if
available.
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e
accidents, government (Federal, State, and Municipal) regulations of, or
restrictions upon travel, or transportation, non-availability of food, beverage,
or supplies, riots, national emergencies, acts of God and other causes whether
enumerated herein or not, which are beyond the reasonable control of the
Hotel, preventing or interfering with Hotel's performance.
j} DAMAGES AND SECURITY. City shall not be responsible for any damage
caused by guests. City will coordinate with Hotel and FEMA to seek
repayment by FEMA of any damages caused by guests to Hotel's property of
Hotel. City will have police respond to any problems caused by guests and
reported to City by Hotel. Both City and Hotel reserve the right to remove
any guest placed in the Hotel at any time for any reason. Hotel shall notify
City prior to removal of any guest.
ARTICLE III
REPORTING REQUIREMENTS
Hotel shall send City a Notice on each Friday of each week of the total daily
invoice for the seven (7) day period preceding that Friday for each room booked pursuant
to this Agreement, and send a Notice daily of any damage done by any guest to Hotel's
property.
ARTICLE IV
TERM OF AGREEMENT
This Agreement shall be effective for thirty (30) days from ,
2005 and shall continue in effect through , 2005. In addition,
Hotel hereby grants City the right to extend this Agreement for an additional thirty days
upon written notice to Hotel by City.
ARTICLE V
ADDITIONAL PROVISIONS
Notice. Any notices ("Notice") required by this Agreement shall be sent to the
person listed below. For the purpose of giving any Notice, the addresses of the Parties
are set forth below. The Parties may change the information set forth below by sending
Notice of such changes to the other Party as provided in this section.
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To the City:
City of Fort Worth, Texas
1000 Throckmorton Street 76102
Attn: Assistant City Manager Joe Paniagua
Phone: 817-392-6191
FAX: 817-392-6134
To the Hotel:
Tharaldson Property Management, Inc. d/b/a Hampton Inn
4799 SW Loop 820
Fort Worth, Texas
Attn: Michelle Hernandez, General Manager
Phone: 817-346-7845
FAX: 817-346-4901
Governing Law and Venue. This Agreement shall be construed under, and in
accordance with, the laws of the State of Texas. The Parties submit to venue in Tarrant
County, Texas for resolution of any disputes arising under this Agreement.
Amendment. This Agreement may be amended only with the written consent of
all Parties.
No Third Party Beneficiary. This Agreement is solely for the benefit of the
Parties, and City and Hotel do not intend by any provision of this Agreement to create
any rights in any third-party beneficiaries or to confer any benefit upon or enforceable
rights under this Agreement or otherwise upon anyone other than City and Hotel.
IN WITNESS WHEREOF, each Party has caused this Agreement to be executed
by its undersigned duly authorized representative in multiple copies, on the date or dates
indicated below.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
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09/07/2005 16:07 8173926180 FWTC OEM PAGE 05
,( ATTEST' CITY OF r RT Q
Mart , EIendrix,City Secretary Sae PanVj,,snt City Manager
Date:
APPROVED AS TO FORM AND
LEGALITY:
Assistant City Attorney NO M&C HQUIRED
THARALDSON PROPER'T'Y MANAGEMENT,
INC.DB PION INN
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EXHIBIT "A"
ROOM RATES
rooms at $55.00 per room per night, inclusive of all taxes
Hotel accommodations include:
Banquet Room, free of charge for meals, donated resources and table for
assistance
Breakfast provided daily
Housekeeping daily
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