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Home My WebLink AboutContract 32330 t TARP AGREEMENT CONCERNING GROUP ROOM BOOKINGS BETWEEN THE CITY OF FORT WORTH and BEST WESTERN INNSUITES HOTEL & SUITES. 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 Best Western Innsuites Hotel and Suites, ("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 City agrees to pay the Hotel within 30 days of arrival date of Hotel guests, a$20,000 deposit for hotel charges. 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) DEPOSIT/PAYMENT. 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. 2 i) Hotel shall not be liable for non-performance of this Agreement when such non-performance is attributable to labor troubles, disputes, or strikes, 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. 3 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: Best Western Innsuites Hotel and Suites 2000 Beach Street Fort Worth, Texas 76103 Attn: Bob Dulworth Phone: 817-534-4801 FAX: 817-536-4589 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-parry 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] 4 ATTEST: CITY O RT WORT B Marty Hendrix, 'ty Secretary sistant City Manager ENO14[ t". .�. QUIRED ate: `i APPROVED AS TO FORM AND LEGALITY: 1 Assistant City Attorney HOTEL Best Western Innui s H l & Suite By: Name: Bob Dulworth/ce eral Manager Date: 5 EXHIBIT "A" ROOM RATES __LSL rooms at $40.00 per room per night, inclusive of all taxes Hotel accommodations include(s): 3 Banquet Rooms and 1 Hotel Room for food, technology resources and donated items: (3) Banquet Rooms at a total rate of$600.00 per day (1) Hotel Room at a total rate of$40.00 Breakfast provided daily Housekeeping Services once a week(Every Wednesday) Clean Linens and Housekeeping materials (if available), will be provided upon request 6