M&C Review


COUNCIL ACTION:  Approved on 9/11/2018 - Resolution No. 4971-09-2018

DATE: 9/11/2018 REFERENCE NO.: **G-19357 LOG NAME: 12FW CONVENTION CENTER COLLECTIONS LAWSUITS
CODE: G TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT:   Adopt Resolution Authorizing the City's Lawsuits Against the American Telugu Association, Expo Incorporated, Pastimes, Incorporated and Kip Curry in Tarrant County, Texas (ALL COUNCIL DISTRICTS)

RECOMMENDATION:

It is recommended that the City Council adopt the attached resolution authorizing the City Attorney's office to file lawsuits against the American Telugu Association, Expo Incorporated, Pastimes, Incorporated and Kip Curry in Tarrant County, Texas.  

 
DISCUSSION:

On January 14, 2016, the City executed a license agreement with the American Telugu Association (the ATA) for the purpose of hosting its conference in the Fort Worth Convention Center from May 23-28, 2018. The total minimum rental cost to the ATA was $64,875.00. This license agreement included the provision that if the ATA cancelled the event more than 12 but less than 24 months prior to the scheduled start date, the ATA would owe to the city a total of $48,656.25, less any payments already made. On March 23, 2017, 14 months prior to the scheduled start date of the conference, the City received notice that the ATA was cancelling the event. At that time, the ATA had paid the City a total of $3,787.50. Numerous unsuccessful attempts have been made to collect the remaining balance of $44,868.7

On June 23, 2014, the City executed a license agreement with Expo Incorporated (Expo) for the purpose of hosting its conference in the Fort Worth Convention Center from June 11-13, 2015. The total minimum rental cost to Expo was $16,800.00. This license agreement included the provision that in the event Expo cancelled the conference within 12 months of its scheduled start date, the entire $16,800.00 would be owed to the City, less any payments already made. On May 12, 2015, the City was informed that the event had been cancelled. At that time, Expo had paid the City a total of $1,680.00. Numerous unsuccessful attempts have been made to collect the remaining balance of $15,120.00.

On December 2, 2014, the City executed a license agreement with (Pastimes), Incorporated for the purpose of hosting its conference in the Fort Worth Convention Center from July 23-26, 2015. The total minimum rental cost to Pastimes was $24,937.50. The license agreement provides that the rental cost includes tables, chairs and staging for the ballroom and meeting rooms, but that tables, chairs and staging for exhibit halls and the arena would incur additional charges. During the course of the conference, Pastimes ordered additional services from the City, including set up of additional chairs and tables for exhibit hall AB. These additional services brought the total for the conference to $32,727.50. Pastimes paid only the $24,937.50. Numerous unsuccessful attempts have been made to collect the remaining balance of $7,790.00.

On December 16, 2016, the City executed a license agreement with Kip Curry (Curry) for the purpose of hosting a livestock show in the Will Rogers Memorial Center swine barn from December 16-18, 2016. The rental fee was $1,125.00. Curry paid a deposit of $112.52 prior to the event, but has never paid the remaining balance. Numerous unsuccessful attempts have been made to collect the remaining balance of $1,092.48.

Accordingly, it is recommended that the City Council adopt the attached resolution authorizing the filing of lawsuits against these entities or persons in Tarrant County, Texas.

This M&C does not request approval of a contract with a business entity.
 
FISCAL INFORMATION/CERTIFICATION:

The Director of Finance certifies that funds are available within the Risk Management Fund to cover the cost of filing fees for the litigation.  No material effect on the Fiscal Year 2018 or Fiscal Year 2019 Budgets are anticipated from this action.  

TO
    Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount

FROM
    Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount
    60111 0147120 5520114       2018   $2,000.00

Submitted for City Manager's Office by:
ALL ACMs (6222)
Originating Department Head:
Sarah Fullenwider (7623)
Additional Information Contact:
Steve Cumbie (6799)

 
 
ATTACHMENTS
  First Collection RESOLUTION.doc