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HomeMy WebLinkAboutContract 26345 f CITY SECRETARY CONTRACT NO. RENEWAL AND AMENDMENT OF CONTRACT FOR FOOD AN BEVERAGE CONCESSION AT FORT WORTH CONVENTION CENTER STATE OF TEXAS KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF TARRANT WHEREAS, on June 14, 1994, the Commissioners Court of Tarrant County, Texas (hereinafter refereed to as the "County") acting through its County Judge entered into a contract with Fine Host Corporation, a Delaware Corporation, of Greenwich, Connecticut (hereinafter referred to as the "Concessionaire") to provide a food, beverage, and related concession operation at the Fort Worth/Tarrant County Convention Center; and WHEREAS, on October 28, 1997, the City purchased from the County the Fort Worth/Tarrant County Convention Center and all rights, terms and conditions of said Contract were assigned to the City of Fort Worth (hereinafter referred to as "City"). The name of the Fort Worth/Tarrant County Convention Center was subsequently changed to the Fort Worth Ccnvention Center (hereinafter referred to as the "Center"); and WHEREAS, the City of Fort Worth and Fine Host Corporation understand and agree that all rights of the Commissioners Court of Tarrant County, Texas under the original contract were assigned in full to the City; and WHEREAS, on June 22, 1994 and in accordance with Section 901 of the Contract, Concessionaire entered into as Assignment of Rights Under Concession Contract with Tarrant County Concessions, L.L.C., a Texas limited liability company and certain rights, terms and conditions of Concessionaire under said Contract were assigned to Tarrant County Concessions, L.L.C. Concessionaire assigned all rights under said contract to Tarrant County Concessions, L.L.0 except those set forth in SECTION 608, INVESTMENT IN THE CENTER and SECTION 1102(3), PROCEDURE FOR TERMNATION AND REPOSSESSION. A copy of the Assignment Contract is attached hereto and made a part hereof as Exhibit"A". WHEREAS, pursuant to Section 1204, entitled "SECTION 204.AMENDMENTS", of the original contract between the County and the Concessionaire, said Contract may be amended from time to time by written contract duly authorized and executed by representatives from all the parties hereto; and 00PBCUA''b f EC11 0I'M WHEREAS, the Contract provided for a six-year primary term beginning July 1, 1994 and for one (1) five (5) year renewal option thereafter; and WHEREAS, City, Concessionaire and the Tarrant County Concessions, L.L.C., now parties under the contract, desire to renew and extend said Contract, as amended, for a new primary term of three (3) years with two (2) one-yearrenewal options and with the further amendments to the terms and provisions as provided herein; NOW, THEREFORE, City, Concessionaire and the Tarrant County Concessions, L.L.C. agree to renew, extend and amend the Contract as follows: 1. Section 201, Term of Contract, is hereby amended to read as follows: "Section 201. TERM OF CONTRACT. This contract shall be in effect for a period of three (3) years, beginning July 1, 2000 and ending June 30, 2003. This contract may, however be extended for two (2) one-year periods, on the same terms and conditions specified herein, provided, however, such extension or any further changes to the original contract as herein amended must be approved by the Fort Worth City Council. Upon expiration of the initial term or extension, Concessionaire and Tarrant County Concessions, L.L.C. agree to hold over under the terms and conditions of this Contract for such a period of time as is reasonably necessary to obtain a replacement Concessionaire, provided such period shall not exceed ninety (90) days." 2. Section 301, Concession Rental, is hereby amended to read as follows: "SECTION 301. CONCESSION RENTAL. For the rights and privileges granted, the Concessionaire and Tarrant County Concessions, L.L.C. shall pay the City, through its Director, each month during the term hereof, the following amounts: (A) A percentage of adjusted gross sales (as defined here as the gross sales less sales tax) on all basic concession items sold, including, but not limited to, all soft drinks, beer, alcoholic beverages, peanuts, popcorn, cotton candy, chips, doughnuts, hamburgers, pretzels, sandwiches, hot dogs, french fries, chili dogs, coffee, barbecue and pizza. The percentage shall be based on the following formula: For adjusted gross sales up to $800,000 annually: (contract year basis) 35.5 percent For adjusted gross sales of$800,001 and over, annualy� -7�G -.�,f��GI�D 1117 � G?15 ; 38.5 percent (B) When the Concessionaire and Tarrant County Concessions, L.L.C. operates as a caterer (defined in this paragraph only as the sale of group meals or food to an organization) and the billing is to that one organization, (not an individual sale of food) a flat fee of twelve (12) percent of adjusted gross receipts (as defined in this paragraph only as less sales tax and service charges) or any other percentage of gross receipts as approved by the Fort Worth City Council will be paid to the City by payment directly to the Center. However, it is agreed that no percentage increases over the amount of twelve (12) percent will begin before the opening date of the new ballroom at the Fort Worth Convention Center. When operating as a caterer providing alcoholic beverages, the fee as to those alcoholic beverages will remain as established concession rates. 3. Section 302, Notice, Place and Manner of Payments, is hereby amended to read as follows: "SECTION 302. NOTICE, PLACE AND MANNER OF PAYMENTS. Payments shall be made by check at the office of the Director at the Center, or at such place within the City of Fort Worth, Texas as the Director may hereafter notify Concessionaire or Tarrant County Concessions, L.L.C., and shall be made in legal tender of the United States. 4. Section 303, Payments, is hereby amended in part to read as follows: SECTION 303. PAYMENTS. All payment due the City shall be due and payable without demand at the office of the Director. The remainder of this section shall remain in full force and effect. 5. The City, Concessionaire and Tarrant County Concessions, L.L.C. understand and agree that for clarification purposes, in each Section, beginning with Section I and throughout the remainder of the Contract, the phrase "Tarrant County Commissioners Court" shall be understood to mean the "City of Fort Worth". 6. The City, Concessionaire and Tarrant County Concessions, L.L.C. understand and agree that for clarification purposes, in each Section, ely NICE(Iffi Gly i beginning with Section I and throughout the remainder of the Contract, the words "Executive Director" shall be understood to mean "Director". 7. The City, Concessionaire and Tarrant County Concessions, L.L.C. understand and agree that for clarification purposes, in each Section, beginning with Section I and throughout the remainder of the Contract, the phrase "Fort Worth/Tarrant County Convention Center" shall be understood to mean "Fort Worth Convention Center". 8. The City, Concessionaire and Tarrant County Concessions, L.L.C. understand and agree that for clarification purposes, in each Section, beginning with Section I and throughout the remainder of the Contract, the word "County" shall be understood to mean "City". 9. All of the terms and provisions of the original Contract between the County and the Concessionaire shall remain in full force and effect except as specifically amended herein. EXECUTED on this. the ��� day of , 2000. ATTEST: CITY F T OR H X� - B r- I -JAll) y Ct City ecretary Mike Groomer Assistant City Manager APPROVED AS TO FORM AN LEGALITY: Contract Authorization Assistant4 Attorney bate Date: G uo ATTEST:1------- FINE ST CORPO TION 4 ------ �\ By: Corporate Secretary Chris Verros, Group President of Recreation and Leisure �CCUM PF Hp �C . ATTEST: TARRANT COUNTY CONCESSIONS, L. a xas limited liability mpany B Corporate Secretary STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Mike Groomer, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City for Fort Worth and that he executed the same as the act of the said City of Fort Worth for the purposes and consideration therein expressed and in the capacity herein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this Ad-- day of lc�v.4 pry,V,)o �,� , 2000. N u b I i c in a d r the ate of Texas n / ; - �; SARAH JANE ODLEe STATE OF I 1,'�.��1 ALL} l*ply *. NOTARY PUBLIC State of Texas Comm. Exp. 04 COUNTY OF � l �� 01 23 20'32 BE RE KE, the undersigned authority, a Notary Public in and for the State of r( on this day personally appeared Chris Verros, Group President of Recreation and Leisure for FINE HOST CORPORATION, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the Fine Host Corporation and that he executed the same as the act of the said Fine Host Corporation, this being attested by the corporate secretary for Fine Host Corporation as evident by his/her signature, for the purposes and consideration therein expressed and in the capacity herein stated. J lVE UN ER MY HAND AND SEAL OF OFFICE, this 1. �� t day of <E 2000. (;:::A I/(a/ II iwubl', in an rfor the St a of ANGELINE TAYLOR NOTARY PUBLIC My Commission Expires August 31,2 ` OMCMI PECOM � u�J 'C`� IV STATE OF COUNTY OF offfEFORE ME, the undersigned authority, a Not�a.�( Public in and for the State l-� , on this day personally appeared G'� h C. r n ti 1400- r f ( for TARRANT COUNTY CONCESSIONS, L.L.C., a Texas limited liability company known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the Tarrant County Concessions, L.L.C. and that he executed the same as the act of the said Tarrant County Concessions, L.L.C, t ty , for the purposes and consideration therein expressed and in the capacity herein stated. ftVEN UNDER MY HAND AND SEAL OF OFFICE, this / day of 2000. NtPublic in and for ttotate of JANIS M.JONES WON{{�,�/P�.uubblic,State of Texas MY CORIrtIIBS m E*res �':•,g�:'�'' SEPTEMBER 25,2003 City of Fort Worth, Texas 4"11yor And Council communication DATE REFERENCE NUMBER LOG NAME PAGE 8/1/00 C-18173 25HOST 1 of 3 SUBJECT RENEWAL, EXTENSION, AND CONSIDERATION OF AMENDMENT TO THE CONTRACT WITH THE FINE HOST CORPORATION FOR CONCESSION SERVICES AT THE FORT WORTH CONVENTION CENTER RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a three-year contract with two one-year options for renewal, extension, and amendment of the original contract between the Fine Host Corporation and the Commissioners Court of Tarrant County for concessions at the Fort Worth/Tarrant County Convention Center, subject to the changes identified below. DISCUSSION: In 1994, the Commissioners Court of Tarrant County, acting through its County Judge, entered into a contract with the Fine Host Corporation to provide food, beverage, and related concessions at the Fort Worth/Tarrant County Convention Center. On June 22, 1994, Fine Host Corporation assigned its rights, title and interest in the Concession Contract, except Section 608 entitled INVESTMENT IN THE CENTER and Section 1102(3) entitled PROCEDURE FOR TERMINATION AND REPOSSESSION to Tarrant County Concessions, L.L.C., a Texas limited liability corporation. On October 28, 1997, the City of Fort Worth purchased the Fort Worth/Tarrant County Convention Center from Tarrant County and assumed all rights and obligations under the existing contract. Concessions have been provided to the Convention Center under the terms of this contract since its inception in 1994. Section 1204, entitled "SECTION 1204. AMENDMENTS," provides for the amendment of the contract by written contract if authorized and executed by representatives of all the parties. Section 608 of the existing contract, entitled "SECTION 608. INVESTMENT IN THE CENTER," contains an investment clause wherein Fine Host Corporation invested $800,000 in equipment and permanent improvements that were to be amortized over a ten-year period. Under the terms of the contract, if the City or the Fine Host Corporation elects not to renew, the Fine Host Corporation will be due, from the City, approximately $80,000 for each year remaining under the ten-year amortization period which represents the unamortized portion of investment for the equipment and improvements. City of Fort Worth, Texas "agar and coun"K communication DATE REFERENCE NUMBER LOG NAME PAGE 8/1/00 CA 8173 25HOST 2 of 3 SUBJECT RENEWAL, EXTENSION, AND CONSIDERATION OF AMENDMENT TO THE CONTRACT WITH THE FINE HOST CORPORATION FOR CONCESSION SERVICES AT THE FORT WORTH CONVENTION CENTER The original contract allowed for the payment to Tarrant County of 42.5 percent of gross annual sales up to $2,000,000 and 45.0 percent for annual sales in excess of $2,000,000. The amended contract provides for payment to the City of 35.5 percent of gross sales up to $800,000 and 38.5 percent for sales in excess of $800,000. The percentage decrease in the amended contract reflects the downturn in arena business (i.e., hockey games and concerts) since the 1994 execution of this contract, and is more in line with the current business standards. Based on Fort Worth Convention Center revenues for 1999, it is estimated that the amount payable to the City will be reduced by approximately $63,000 per year due to the amended contract's reduction in percentage of gross sales on all basic concession items. The original contract between the Commissioners Court of Tarrant County and the Fine Host Corporation was for six years beginning July 1, 1994 and ending June 30, 2000, with an option to renew for one five-year period. It is the desire of the Public Events Department to extend this contract for the amended term in order to maintain the present level of service to the facility. Key Changes from Current Contract: The primary term of the contract will be for three (3) years, from July 1, 2000 through June 30, 2003. The City may extend, at its option, this contract for two (2) one-year terms upon approval of the City Council. The formula determination for the percentage of gross sales due the City changed from a gross sales (gross sales less sales tax) amount of $2,000,000 to $800,000, with a percentage change of 42.5 percent to 35.5 percent. For gross sales (gross sales less sales tax) in the amount of $800,001 or more, the percentage change is from 45.0 percent to 38.5 percent. The flat fee of twelve (12) percent of gross receipts paid to the City when the concessionaire operates as a caterer may be changed to any other percent as approved by the Fort Worth City Council. However, there will be no percentage increase until the date of the opening of the new ballroom. r City of Fort Worth, Texas "affor and council communication DATE REFERENCE NUMBER LOG NAME PAGE 8/1/00 C-18173 25HOST 3 of 3 SUBJECT RENEWAL, EXTENSION, AND CONSIDERATION OF AMENDMENT TO THE CONTRACT WITH THE FINE HOST CORPORATION FOR CONCESSION SERVICES AT THE FORT WORTH CONVENTION CENTER FISCAL INFORMATION/CERTIFICATION: The Public Events Department will be responsible for collection of funds due the City under this agreement. E MG:k F Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED Mike Groomer 6140 GG01 443373 0252000 CITY COUNCIL P Originating Department Head: AUG 1 2000 Kirk Slaughter 8151 (from) Additional Information Contact: City secretary of the City of,ort wortk Texas 4 Sarah Fullenwider 7619 W