HomeMy WebLinkAboutContract 46940 CITY SECRETA!! L
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pUG A 9 tls AGREEMENT BETWEEN THE
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FT.WORTH PARK AND RECREATION
SPORTS ADVISORY COUNCIL,INCORPORATED
THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Fort
Worth,a home-rule municipal corporation of the State of Texas, acting by and through its duly authorized
Assistant City Manager ("City"), and the Ft. Worth Park and Recreation Sports Advisory Council,
Incorporated, a Texas non-profit corporation, acting herein by and through its duly authorized President
("SAC").
WHEREAS, the City owns and operates numerous athletic facilities throughout the City for the
use and benefit of the public;
WHEREAS, SAC is a Texas non-profit corporation, incorporated for the purpose of creating and
maintaining, in the City of Fort Worth, a permanent organization representative of amateur athletics and
organizations; establishing and maintaining the highest ideals of amateur sports in the City of Fort Worth;
promoting state and national competition; promoting the development of physical education; and
encouraging the standardization of all rules of all amateur athletics, games, and competitions;
WHEREAS, SAC has demonstrated its commitment to the continuing improvement,
development, operation and maintenance of the City's Parks and Community Services Department
athletic facilities and programs;
WHEREAS, SAC has entered into agreements with the City regarding designated Parks and
Community Services Department athletic facilities and programs (City Secretary Contract Nos. 19902,
23440, 29987,37413,and 38851), such agreements to be superseded by this Agreement; and
NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties,
the City and SAC do hereby agree to the following:
SECTION 1
LICENSES GRANTED
1.01 The City grants to SAC the following rights and privileges:
(a) A non-exclusive license to provide vending machine services at the City facilities set
forth in Exhibit A, which is attached hereto and incorporated herein for all purposes
("Vending Locations"), in accordance with the terms and conditions of this Agreement.
(b) A non-exclusive license to provide concession services at the sports complexes set forth
in Exhibit B, which is attached hereto and incorporated herein for all purposes ("Sports
Complexes"), in accordance with the terms and conditions of this Agreement. The SAC
shall have the right to provide concession services at additional sports complexes
throughout the City as may be designated and set the City's Parks and
OFFICIAL RECORD
Agreement with Ft Worth Park and Recreation Sports Advisory Council,Incorporated CITY SECRETARY I of 23
FT. WORTH, TX
Community Services Departments Director, each of which shall be included within the
definition of"Sports Complexes."
SECTION 2
MARKETING AND PROMOTING
2.01 SAC may actively market, promote, solicit, and advertise the use of the Sports Complexes for
youth and adult athletic programming, including, but not limited to, sporting leagues, tournaments,
instruction camps and clinics, and the like ("Sports Programming") in accordance with the terms and
conditions of this Agreement, including,but not limited to:
(a) Specifically, SAC may solicit entities and organizations that regularly conduct Sports
Programming for accommodation at the appropriate Sports Complexes. If solicitation of an
event or organization requires the submission of a bid proposal by the City (alone or in
conjunction with other entities),the bid shall be prepared in accordance with the provisions of
this section.
(1) SAC will identify and recommend that the City pursue Sports Programming that
has a positive economic value to the community, taking into account total
projected economic impact, revenue opportunities to the Sports Complexes, and
other relevant factors such as enhanced physical conditioning, health and
wellness benefits, and overall quality of life.
(2) SAC shall develop and submit bid proposals that promote the use of the Sports
Complexes. These bid proposals will include information on available space at
the Sports Complexes and its rates as determined by the Director. If hotel stay is
necessary, then the proposals will also include information on available hotel
space and hotel rates as provided by the individual hotels.
(3) SAC will provide the City's Parks and Community Services Departments
Director or that person authorized designee ("Director") with as much
background information as is available concerning potential impact and
competing cities with the desire to make the City's bids as successful as possible.
(4) The Director will provide the SAC with information regarding the availability of
the Sports Complexes and the rates to be charged.
(5) Upon request, SAC will provide to the Director all copies of proposals that have
been submitted.
(6) SAC will keep the Director apprised of updates in each bid process and will
notify the Director as soon as possible about the final outcome of each bid and
offer feedback and insight regarding the perceived reasons why each bid is
Agreement with Ft.Worth Park and Recreation Sports Advisory council,Incorporated 2 of 23
ultimately successful or unsuccessful so that the participating entities can learn
from the process and improve future proposals.
(b) The City reserves the right to develop, produce, publish, and distribute its own marketing
materials, at its own expense.
(c) Any money or other consideration received by the SAC as a result of its efforts to market
and promote the City's Sports Complexes for Sports Programming shall be maintained,
controlled, and expended in accordance with Section 4.02 of this Agreement and used
solely to further SAC's fulfillment of its duties under and related to this Agreement.
(d) City, through its designated representatives and employees, will be responsible for the
overall governance and management of the day-to-day operations of any Sports
Programming at the Sports Complexes, including, but not limited to, scheduling,
maintenance, field operations, and the like, unless otherwise agreed to by the parties in
writing.
(e) SAC acknowledges that the Fort Worth City Council has adopted and copyrighted as its
logo "Molly" the longhorn steer, which may be used by the SAC to carry out its
promotional and marketing obligations, provided that all such use must comply with all
City policies regarding authorized uses and approved colors and graphics as those
policies exist now or may exist in the future. The City shall provide SAC with a copy of
the Molly Logo Use Policy upon request.
SECTION 3
TERM AND TERMINATION
3.01 Term. This Agreement shall be binding on the date of execution by the parties and effective
beginning on June 30, 2015, and shall remain in effect until June 29, 2020, unless terminated earlier as
provided herein.
3.02 Termination without Cause. Either party may terminate this agreement without cause by the
giving of thirty(30)days' notice in writing to the other party.
3.03 Termination for Cause. SAC shall be in default under this Agreement if SAC breaches any term
or condition of this Agreement and such breach remains uncured after ninety(90)calendar days following
receipt of written notice from the City referencing this Agreement (or, if SAC has diligently and
continuously attempted to cure following receipt of such written notice but reasonably requires more than
ninety(90) calendar days to cure, then such additional amount of time as is reasonably necessary to effect
cure, as determined by both parties mutually and in good faith), the City shall have the right to terminate
this Agreement immediately by providing written notice to SAC. In the event of such termination of this
Agreement by the City, all rights and privileges of the SAC hereunder shall cease and terminate and SAC
shall immediately vacate all City prernises.
Agreement with Ft.Worth Park and Recreation Sports Advisory Council,Incorporated 3 of 23
3.04 SAC's Duties Following Expiration or Termination. Following expiration or termination of this
Agreement, SAC shall promptly remove all of its personal property from the Vending Locations and the
Sports Complexes and any other City facility; provided, however, SAC shall not be obligated to remove
any fixtures. SAC shall also repair any SAC-caused damage to the Vending Locations and Sports
Complexes, including, but not limited to, any damage that SAC causes during removal of SAC's
property, to the satisfaction of the Director. If SAC fails to remove all or any part of its personal property
or to repair the Vending Locations and Sports Complexes, City may, at its sole discretion, (i) remove
SAC's personal property and otherwise repair the Vending Locations and Sports Complexes and invoice
SAC for City's costs and expenses incurred, such invoice to be due and payable to City within thirty (30)
calendar days of being sent to SAC; or (ii) following no less than thirty (30) days prior written notice to
SAC, take and hold any SAC personal property as City's sole property; or (iii) pursue any remedy at law
or in equity available to City. If SAC fails to surrender the Vending Locations and Sports Complexes to
City following termination or expiration, City may remove forcibly, if necessary, SAC and its property
from said premises and City shall incur no liability for such removal.
3.05 Special Provisions. Notwithstanding anything to the contrary, in the event of termination of this
Agreement by either party,with or without cause, it is specifically understood and agreed that all amounts
contained in the special fund created pursuant to this Section 4.02 of Agreement shall become the
property of the City and shall be immediately paid by SAC to the City, such funds to be dedicated for use
for the City's sports and athletic facilities and programs. Likewise, in the event of dissolution of SAC for
any reason, such funds shall be so paid to the City and so dedicated.
3.06 Other Remedies. Any termination of this Agreement as provided in this section will not relieve
SAC from paying any sum or sums due and payable to City under this Agreement at the time of
termination that remains unpaid, or any claim for damages then or previously accruing against SAC under
this Agreement. Any such termination will not prevent City from enforcing the payment of any such sum
or sums or claim for damages by any remedy provided for by law, or from recovering damages from SAC
for any default under the Agreement. All City's rights, options, and remedies under this Agreement will
be construed to be cumulative, and not one of them is exclusive of the other. City may pursue any or all
such remedies or any other remedy or relief provided by law,whether or not stated in this Agreement.
3.07 Fiscal Funding Out. If, for any reason, at any time during the term of the Agreement, the Fort
Worth City Council fails to appropriate funds sufficient for the City to fulfill its monetary obligations
under the Agreement, the City may terminate the portion of the Agreement regarding such obligations to
be effective on the later of(i)thirty (30) days following delivery by the City to the SAC of written notice
of the City's intention to terminate or (ii) the last date for which funding has been appropriated by the
Fort Worth City Council for the purposes set forth in the Agreement.
Agreement with Ft.Worth Park and Recreation Sports Advisory Council,Incorporated 4 of 23
SECTION 4.
CONSIDERATION
4.01 Fee. As consideration for the rights and privileges granted herein, SAC shall pay the City an
annual fee, in arrears, equal to the greater of(i) $2,000.00 or(ii)twenty percent(20%)of the Net Annual
Revenue (as hereinafter defined) derived from SAC under this Agreement over the course of a Contract
Year. A "Contract Year" shall mean each successive twelve-month period during the term hereof
commencing on January 1 and expiring on December 31 of the following year. All payments of the fee
shall be due and payable to the Director within thirty (30) calendar days following the submission of the
annual statement described in Section 4.03.
4.02 Additional Consideration. As additional consideration for the rights and privileges granted herein
and to fulfill the SAC's stated objectives, SAC agrees to deposit the remaining Net Annual Revenue
under this Agreement, plus any money received from its efforts to market and promote the City's Sports
Complexes for Sports Programming into a special account to be maintained and controlled by SAC but to
be used solely for, or in support of, any improvements, operations, and maintenance of the City's Parks
and Community Services athletic facilities and programs.
(a) All funds deposited into the above-stated account pursuant to this Section 4.02 shall be
expended in accordance with the Constitution/Bylaws of the SAC and any associated
financial policies and directives in effect at the time of such expenditure. Because the
expenditure of such funds involves the improvement, operation, and maintenance of the
City's Parks and Community Services athletic facilities and programs, the City reserves
the right to refuse or accept any individual expenditure for any reason.
(b) To the extent that the use of such funds is not covered under 4.02(i), the funds shall be
expended in a manner that will be mutually agreed upon, in writing,between the City and
SAC.
(c) Any expenditure of funds by the SAC concerning alterations, additions, or improvements
to City property at the Sports Complexes shall be subject to Section 12 of this
Agreement, in addition to any other applicable provision set forth herein.
4.03 Annual Statement. In addition to any audit rights granted herein, the SAC shall furnish to the
City a yearly statement detailing any and all Net Annual Revenue derived from SAC under this
Agreement and any money received from SAC's efforts to market and promote the City's Sports
Complexes for Sports Programming, with such statement to be furnished within sixty (60) calendar days
after the end of each Contract Year. The statement shall be certified by an officer of SAC to be true and
correct in all material respects.
4.04 Net Annual Revenue. For purposes of this Agreement, "Net Annual Revenue" shall be defined
as the total amount of money earned or received or to be received by SAC or by any agent, employee,
Agreement with Ft.Worth Park and Recreation Sports Advisory Council,Incorporated 5 of 23
volunteer, or subcontractor of SAC from any and all sales,whether for cash or credit, whether collected or
uncollected, made as a result of the service rights grants under this Agreement after all reasonable and
necessary costs and taxes have been paid.
4.05 Payment for Revenue Offset. As part of the City's ongoing obligation to supplant funding lost
from product rights at the City's Parks and Community Services facilities, the City agrees to pay SAC an
amount equal to that authorized separately on a yearly basis by the Fort Worth City Council, The City
will not be liable for any payments that are not authorized in advance by the Fort Worth City Council for
such funding. Examples of recent authorizations include City of Fort Worth Mayor and Council
Communications G-18133, G-17861, G-17558, G-17237, G-16973, G-16705, all of which are on file with
the Fort Worth City Secretary.
SECTION 5
OPERA T ION OF VENDING MACHINE AND CONCESSION SERVICES
5.01 Vending Machine Services. SAC shall have the non-exclusive right and the obligation to sell
prepackaged snacks and confections; fruits, sandwiches, health foods, and other fresh foods; canned or
dehydrated soups or meals; and other items agreed to by the parties ("Vending Items") through vending
machines at the Vending Locations in accordance with the terms and conditions of this Agreement,
including,but not limited to,the following:
(a) SAC, at its sole cost and expense, shall furnish or cause to be furnished all labor,
materials, and equipment necessary to provide the Vending Items through vending
machines at the Vending Locations.
(b) The exact locations of the vending machines within the Vending Locations shall be
mutually agreed upon by the City and SAC.
(e) Vending Items shall not be placed in the vending machines after the expiration date
contained on the Vending Items. All expired Vending Items shall promptly be removed
from the vending machines.
(f) All vending equipment must be new or in excellent operating condition and have an
attractive appearance. All vending machines must have dollar bill acceptors and accept
nickels, dimes and quarters in any combination, return the appropriate change for any
Vending Item, and be equipped with a meter to accurately track sales. All machines must
be maintained in good working order.
(g) SAC shall be responsible for the management, operation, maintenance and repair of the
vending machines. All vending machines, together with the contents thereof, are and
shall remain the property of the SAC or its contractor, and only the SAC or its employees
or contractors may remove or replace the vending machines. SAC reserves the right to
Agreement with Ft.Worth Park and Recreation Sports Advisory Council,Incorporated 6 of 23
remove or have removed unproductive or frequently vandalized or damaged equipment
from the Vending Locations.
(h) City reserves the right to require replacement or removal of vending machines that, for
any reason whatsoever, are not considered acceptable to the Director and to require
replacement of vending machines by another vending machine acceptable to the Director.
If Director requests the removal or replacement of a vending machine, the SAC must
comply with that request within fifteen (15) business days, unless otherwise agreed to in
writing by the parties.
(i} SAC may ask the Director for permission to add or remove machines from the Vending
Locations. For each request, SAC must provide supporting information and justification
for the change. The Director will then decide whether to grant permission or deny the
request. SAC must abide by the decision of the Director.
(j) All vending machines shall have instructions that detail (1) operation of the vending
machines, (2) how to report malfunctions, (3) how to comment on product quality, and
(4)how to request refunds.
(k) For refunds, SAC shall provide one cash fund of$10 at each of the Vending Location for
refunds. SAC shall supply a form, to be approved by the Director, that will be used as a
voucher system for making claims for refunds. The form shall include space for the (1)
type of machine, (2) location (building, floor, etc.), (3) amount of loss, (4) description of
how the loss occurred, (5)date of loss, and(6)signature of claimant.
5.02 Concession Services. SAC shall have the non-exclusive right and the obligation to make direct
sales of food, beverages, merchandise, and other items approved by the Director("Concession Items")to
the public at the Sports Complexes in accordance with the terms and conditions of this Agreement,
including, but not limited to,the following:
(a) The exact locations of the concession services within the Sports Complexes shall be
mutually agreed upon between the City and SAC.
(b) Except as agreed to otherwise in this Agreement, the hours of operation for the
concession services shall be determined by the SAC, subject to the prior written approval
of the Director.
(1) Gateway Park
i. SAC shall open and operate the Gateway Park concession building for all
city-sponsored league softball games; all weekend sporting tournaments,
whether or not city-sponsored; and any other programs and events as
deemed necessary by the Director.
Agreement with Ft.Worth Park and Recreation Sports Advisory Council,Incorporated 7 of 23
ii. Notwithstanding anything to the contrary, SAC shall not be obligated to
open and operate the Gateway Park concession building on days when
non-city-sponsored sporting tournaments and leagues host less than eight
teams or occupy less than four fields.
(c) SAC agrees that the sale of non-consumable merchandise is not allowed without the prior
written permission of the Director. Such approval will be required and considered on a
case-by-case basis only and at such times and in such locations as may be approved by
the Director in its sole discretion.
(d) SAC shall keep and maintain all concession areas and all concession-related facilities in a
good, clean, sanitary, and proper working condition at all times.
(e) SAC shall provide, at its own expense, janitorial services within and around the
designated concession areas at the Sports Complexes. Collection and proper disposal of
trash, garage, litter, and debris will be the responsibility of SAC, at its sole cost and
expense.
(f) SAC shall notify the Director immediately of any known or suspected hazards that exist
in the Sports Complexes that are not the result of the SAC's operations.
(g) SAC shall operate its concessions in a manner that will reflect on the positive reputation
of the City and shall not use the Sports Complexes as, or act in any manner that will
constitute, a nuisance or an unreasonable annoyance or that might injure the reputation of
the City. SAC shall comply with all rules, specifications, and special instruction
established and provided to SAC by the Director.
(h) SAC shall operate in a courteous and professional manner at all times. If the Director
determines, in its sole discretion, that SAC is uncooperative, discourteous, or verbally or
physically abusive to any of the City personnel or persons attending the Sports
Complexes, the City may immediately terminate this Agreement and require SAC to
vacate the Sports Complexes. In the event a forced removal is necessary, the City, its
representatives, officers, employees, and agents shall not be liable for any losses suffered
by SAC in connection with such forced removal.
5.03 Miscellaneous
(a) Commercially accepted practices shall apply to any detail not covered in this Agreement.
(b) SAC shall establish prices for products that are comparable with the prices charged for
similar products sold at comparable facilities within Tarrant County.
(c) SAC shall provide the Director with a list of all Vending Items and Concession Items it
intends to sell at the Vending Locations and Sports Complexes, along with the price for
each item, and shall report any updates to this list before changes are implemented. The
Agreement with Ft.Worth Park and Recreation Sports Advisory Council,Incorporated 8 of 23
City reserves the right to deny the sale of any product it deems inappropriate for any
reason.
(d) SAC shall ensure that all food, beverages, and goods sold pursuant to this Agreement are
of first quality and standard quantity. Consumables shall be wholesome and pure and
shall conform in all respects to federal, state, and local food laws, ordinances, and
regulations.
(e) Delivery trucks shall be permitted only on existing service drives, and must be clearly
identified with SAC's name or the name of SAC's contractor, as applicable. Where no
service drives are available, delivery trucks should follow applicable parking regulations.
All of SAC's employees, volunteers, and contractors must have identification on their
clothing clearly identifying who they are and the respective company's name and logo.
(f) SAC shall maintain, or caused to be maintained, an adequate inventory of all products
sold to meet all reasonable demands of customers and potential customers.
(g) The Director reserves the right to promulgate reasonable rules and regulations for SAC
necessary for the operation of the Vending Locations and Sports Complexes.
(h) The rights granted herein are subject to the City's "Pouring Rights Agreement" with
Coca Cola Enterprises, Inc., d/b/a Coca Cola Bottling Company of North Texas, which
the SAC hereby acknowledges and agrees to abide by to the extent that the Pouring
Rights Agreement applies to the vending and concession services to be performed by
SAC hereunder.
(i) SAC shall be entitled to employ such employees or subcontractors on the premises as are
necessary to perform the services required of it hereunder. SAC agrees to employ, train,
and supervise personnel with appropriate qualifications and experience and in sufficient
number to provide all the services appropriate for the rights granted herein with a
minimum of delay for the patrons. Employees shall be clean, neat, courteous, efficient,
and properly trained. Employees shall be attired in clean uniforms at all times when
performing SAC's obligations hereunder and shall wear a badge with the employee name
or number legibly imprinted. Accurate records must be kept of the names and addresses
of employees of those to whom identification badges are issued to assure proper
identification of employees at any time required by the Director.
SECTION 6
CONDITION OF THE VENDING LOCATIONS AND SPORTS COWLEIS
6.01 SAC takes all portions of the Vending Locations and Sports Complexes and all appurtenances in
"AS IS" condition without any express or implied warranty on the part of the City. SAC accepts them in
their present condition, finds them suitable for the purposes intended, and further acknowledges that it is
Agreement with Ft.Worth Park and Recreation Sports Advisory Council,Incorporated 9 of 23
thoroughly familiar with such condition by reason of personal inspection and does not rely on any
representations by the City as to the condition of the Vending Locations or Sports Complexes or their
suitability for the purposes intended.
6.02 SAC will not do or permit to be done any injury or damage to any grounds or any buildings or part
thereof, or permit to be done anything that will damage or change the finish or appearance of the Vending
Locations or the Sports Complexes, its buildings or the furnishings thereof or any other property
belonging to the City by the erection or removal of equipment or any other improvements, alterations, or
additions, except as may be permitted in this Agreement. No decorative or other materials shall be nailed,
tacked, screwed or otherwise physically attached to any part of the Vending Locations or Sports
Complexes or to any of the furnishings or fixtures of the City without the consent of the Director.
6.03 SAC further agrees that, if during the course of the exercise of its rights under this Agreement,
damages result to the Vending Locations or the Sports Complexes or the City's facilities, SAC shall, at it
sole cost and expense, repair or restore same as near as possible to their pre-existing condition within
thirty(30)calendar days, unless otherwise agreed to by the parties in writing. All repairs and restorations
are subject to the full satisfaction of the Director.
SECTION 7
AUDITING
7.01 SAC agrees that the City shall, until the expiration of three (3) years after the expiration of this
Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and
records of SAC involving transactions relating to this Agreement. SAC agrees that the City shall have
access during normal working hours to all necessary SAC facilities and shall be provided adequate and
appropriate workspace in order to conduct audits in compliance with the provisions of this section. City
shall give SAC reasonable advance notice of intended audits.
7.02 SAC further agrees to include in any contractor and subcontractor agreements hereunder a
provision to the effect that the contractor and subcontractors agree that the City shall, until the expiration
of three(3)years after the expiration or termination of the contract or subcontract, have access to and the
right to examine any directly pertinent books, documents, papers, and records of such contractor or
subcontractor involving transactions of the contract or subcontract, and further that City shall have access
during normal working hours to all contractor and subcontractor facilities and shall be provided adequate
and appropriate work space in order to conduct audits in compliance with the provisions of this
paragraph. City shall give the contractor and subcontractor reasonable advance notice of intended audits.
SECTION 8
SIGN AGE
8.01 SAC may, at its sole expense and with prior written consent of the Director, install signs in the
areas where it operates its concession areas at the Sports Complexes; provided however, such signs must
Agreement with Ft.Worth Park and Recreation Sports Advisory Council,Incorporated 10 of 23
be in keeping with the general aesthetic background of the park area and the size, type, color, location,
manner of display and subject matter of the sign must be approved by the Director prior to installation.
SAC will be responsible for any damage to City property and repair such damages at its own expense.
SAC covenants and agrees not to damage or injure any property during the installation, maintenance, or
removal of such signs.
SECTION 9
RIGHT OF ENTRY AND INSPECTION
9.01 City and SAC agree that City, acting by and through its authorized representatives, shall have at
any and all times the full and unrestricted right to enter upon any premises that is the subject of this
Agreement (without causing or constituting a termination of the use or an interference of the use of the
Premises by the SAC) for the purpose of inspecting same and doing any and all things with reference
thereto that City is obligated to do as set forth in this Agreement or which may be necessary for the proper
conduct and operation under the law and its public parks, provided this shall not authorize or empower
City to direct the activities of the SAC or assume liability for SAC's activities.
9.02 In licensing the Vending Locations and Sports Complexes to the SAC, the City does not
relinquish the right to control the management of the Vending Locations or Sport Complexes, or the right
to enforce all necessary and proper rules for the management and operation of the same.
SECTION 10.
COMPLIANCE WITH LAWS AND DEEDS
10.01 This Agreement is subject to all applicable federal, state and local laws, ordinances, rules and
regulations, including, but not limited to, all provisions of the City's Charter and ordinances, as amended.
10.02 SAC shall materially comply with all of the City's Parks and Community Services Department
regulations and policies and shall coordinate with City staff with regard to use of the Vending Locations
and Sports Complexes. SAC shall not permit its officers, agents, servants, employees, contractors,
subcontractors, patrons, licensees, volunteers, or invitees to engage in any unlawful use and SAC shall
immediately remove from the Vending Locations or Sports Complexes any person engaging in such
unlawful activities.
10.03 If City notifies SAC or any of its officers, agents, employees, contractors, subcontractors,
licensees, volunteers, or invitees of any violation of such laws, ordinances, rules or regulations, SAC shall
immediately desist from and correct the violation.
10.04 Notwithstanding anything to the contrary, the rights granted to the SAC herein are subject to any
and all deed restrictions and agreements concerning the use of the Vending Locations and Sports
Complexes. The City reserves the right, at any time and without prior notice, to restrict the use of the
Vending Locations or Sports Complexes to ensure that the rights of the City are protected.
Agreement with Ft.Worth Park and Recreation Sports Advisory Council,Incorporated 1 I of 23
SECTION 11.
NONDISCRIMINATION
11.01 This Agreement is made and entered into with reference specifically to Division 3 of Article III of
Chapter 17 of the Code of the City of Fort Worth (1986), as amended, an ordinance prohibiting
discrimination in employment. SAC hereby agrees that it will fully comply with all provisions of same
and that no employee or employee applicant has been or will be discriminated against as prohibited by the
terms of such ordinance.
SECTION 12
ALTERATIONS,ADDITIONS,OR IlVWROVEMENTS
12.01 SAC may provide for and manage alterations, additions or improvements to City property at the
Sports Complexes with the prior written approval of the Director. City and SAC agree that SAC will
perform all construction (i) in accordance with a set of plans and specifications pre-approved by the
Director prior to beginning any construction; (ii)in accordance with all applicable laws, ordinances, rules,
regulations, and specifications of all federal, state, county, city, and other governmental agencies now or
hereafter in effect; (iii) in a good and workman like manner; and (iv) in accordance with industry
standards of care, skill, and diligence. If any improvements include buildings, then SAC shall not occupy
said buildings until the City issues a certificate of occupancy.
12.02 Approval by the City of any plans and specifications relating to any construction shall not
constitute or be deemed (i)to be a release by the City of the responsibility or liability of SAC or any of its
contractors, and their officers, agents, employees and subcontractors, for the accuracy or the competency
of the plans and specifications, including, but not limited to, any related investigations, surveys, designs,
working drawings and other specifications or documents, or (ii) an assumption of any responsibility or
liability by the City for any act, error or omission in the conduct or preparation of any investigation,
surveys, designs, working drawings and other specifications or documents by SAC or any of its
contractors, and their officers, agents, employees and subcontractors. City shall own the plans and
specifications.
12.03 SAC may authorize a third party contractor to undertake all or any portion of any construction (a
"Third Party Contractor")provided that SAC first enters into a contract with such Third Party Contractor for
the work to be undertaken by the Third Party Contractor and such contract contains all of the following: (i)a
provision in a form acceptable to the City pursuant to which the contractor and any subcontractors involved
with the work agree to release, indemnify, defend and hold harmless the City from any and all damages
arising as a result of or in relation to the work and for any negligent or grossly negligent acts or omissions or
intentional misconduct of the Third Party Contractor, any subcontractors, and SAC, and their officers,
agents, servants and employees; (ii)a requirement that the Third Party Contractor provide SAC with a bond
or bonds, which SAC shall forward to the City, that guarantees the faithful performance and completion of
Agreement with Ft.Worth Park and Recreation Sports Advisory Council,Incorporated 12 of 23
all construction work covered by the contract and full payment for all wages for labor and services and of all
bills for materials, supplies and equipment used in the performance of the contract; (iii) a requirement that
the Third Party Contractor provide insurance in accordance with minimum requirements that may be
required by the City, as approved in writing by the City's Risk Manager; and (iv) a requirement that the
Third Party Contractor and any of its subcontractors comply with all applicable federal, state and local
laws, ordinances, rules and regulations, including, but not limited to, all provisions of the City's Charter
and ordinances, as amended. All of the requirements contained in this Section shall hereinafter be referred
to as the"Third Party Contract Provisions."
12.04 IF SAC ENTERS INTO ANY THIRD PARTY CONTRACT FOR CONSTRUCTION OF
ANY PUBLIC IMPROVEMENTS THAT DO NOT CONTAIN ALL OF THE ABOVE THIRD
PARTY CONTRACT PROVISIONS,AND TO THE EXTENT THAT ANY CLAIMS,DEMANDS,
LAWSUITS OR OTHER ACTIONS FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT
LIMITED TO, PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF
ANY KIND, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISE UNDER, ON ACCOUNT OF OR IN
RELATION TO THE THIRD PARTY CONTRACT FOR WHICH THE CONTRACTOR
THEREUNDER WOULD HAVE BEEN REQUIRED TO INDEMNIFY, DEFEND AND HOLD
HARMLESS THE CITY IF THE THIRD PARTY CONTRACT PROVISIONS HAD BEEN
INCLUDED IN THE THIRD PARTY CONTRACT ("THIRD PARTY CONTRACT
DAMAGES"), THEN SAC,AT SAC'S OWN EXPENSE, SHALL INDEMNIFY, DEFEND (WITH
COUNSEL REASONABLY ACCEPTABLE TO THE INDEMNIFIED PARTIES HEREIN) AND
HOLD HARMLESS THE CITY, ITS OFFICERS, MEMBERS, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS (EXCLUDING SAC) AND VOLUNTEERS, FROM AND
AGAINST ANY SUCH THIRD PARTY CONTRACT DAMAGES. THIS IS IN ADDITION TO
ANY OTHER INDEMNIFICATION PROVISION PROVIDED IN THE AGREEMENT.
12.05 All alterations, additions and improvements to City property made with the written consent of the
Director shall, upon completion and acceptance by the City become the property of the City. SAC may
be required to remove, at its expense, any alterations, additions or improvements not meeting
specifications as approved by the City.
12.06 Unless otherwise specifically authorized by this Agreement, SAC shall do no act or make any
contract that may create or be the foundation for any lien upon or interest any City property. Any such
contract or lien attempted to be created or filed shall be void. Should any purported lien on City property
be created or filed, the SAC, at its sole expense, shall liquidate and discharge the same within ten (10)
days after notice from the City to do so; and should the SAC fail to discharge the same, such failure shall
constitute a breach of contract.
Agreement with Ft.Worth Park and Recreation Sports Advisory Council,Incorporated 13 of 23
SECTION 13
LIABILITY AND INDEMNIFICATION
13.01 CITY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY
KIND OR CHARACTER TO ANY PERSON OR PROPERTY ARISING FROM ANY USE OF
THE VENDING LOCATIONS OR SPORTS COMPLEXES (OR ANY PART OF THEM), OR
CAUSED BY ANY DEFECT IN ANY BUILDING, STRUCTURE, IMPROVEMENT,
EQUIPMENT, OR ANY FACILITIES ON VENDING LOCATIONS OR SPORTS COMPLEXES
OR CAUSED BY OR ARISING PROM ANY ACT OR OMISSION OF SAC, OR OF ANY OF ITS
AGENTS, EMPLOYEES, LICENSEES, CONTRACTORS, VOLUNTEERS, OR INVITEES, OR
BY OR FROM ANY ACCIDENT, FIRE, OR OTHER CASUALTY OR BROUGHT ABOUT BY
SAC'S FAILURE TO MAINTAIN THE VENDING LOCATIONS OR SPORTS COMPLEXES IN
A SAFE CONDITION.
13.02 SAC AGREES TO AND DOES HEREBY DEFEND, INDEMNIFY AND HOLD
HARMLESS THE CITY, ITS OFFICERS, REPRESENTATIVES, AGENTS SERVANTS AND
EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS,
COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR
PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO SAC'S
BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY,
INCLUDING, BUT NOT LIMITED TO, DEATH, THAT MAY RELATE TO, ARISE OUT OF
OR BE OCCASIONED BY (i) SAC'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF
THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL
MISCONDUCT OF SAC, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES,
CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS, RELATED TO THIS
AGREEMENT OR THE PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT;
EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT
APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY
OR ITS OFFICERS, AGENTS, EMPLOYEES OR SEPARATE CONTRACTORS, AND IN THE
EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH SAC AND CITY,
RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN
ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS.
13.03 IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST THE
CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM,SAC, ON NOTICE FROM
CITY, SHALL DEFEND SUCH ACTION OR PROCEEDING, AT SAC'S EXPENSE, BY OR
THROUGH ATTORNEYS REASONABLY SATISFACTORY TO CITY.
Agreement with Ft.Worth Park and Recreation Sports Advisory Council,Incorporated 14 of 23
13.04 SAC shall require all of its subcontractors to include in their subcontracts a, indemnity in favor
of City in substantially the same form as above.
SECTION 14
INSURANCE
14.01 General Requirements. SAC shall furnish to City in a timely manner, but not later than the start
of the term of this Agreement, certificates of insurance as proof that it and its subcontractors, as
applicable, have secured and paid for the policies of insurance specified herein. If City has not received
such certificates by such date, SAC shall be in default of the Agreement and City may, at its option,
terminate the Agreement. Such insurance shall cover all insurable risks incident to or in connection with
the execution, performance, attempted performance or nonperformance of this Agreement. SAC shall
maintain, or require its general contractors and subcontractors to maintain (where applicable) the
following coverages and limits thereof:
(a) Commercial General Liability(CGL)Insurance
i. $500,000 each occurrence
ii. $1,000,000 aggregate limit
(b) Professional Liability--Errors &Omissions
i. $1,000,000 Each Occurrence
ii. $1,000,000 Annual Aggregate Limit
(c) Business Automobile Liability Insurance
i. $1,000,000 each accident on a combined single-limit basis, or
ii. $250,000 Property Damage
iii. $500,000 Bodily Injury per person per occurrence
iv. $2,000,000 Aggregate
V. Insurance policy shall be endorsed to cover"Any Auto", defined as autos owned,
hired, and non-owned.
vi. Pending availability of the above coverage and at the discretion of City, the
policy shall be the primary responding insurance policy versus a personal auto
insurance policy if or when in the course of Bureau's business as contracted
herein.
(d) Workers' Compensation Insurance
i. Part A: Statutory Limits
ii. Part B: Employer's Liability
A. $100,000 each accident
B. $100,000 disease-each employee
C. $500,000 disease-policy limit
Agreement with Ft.worth Park and Recreation Sports Advisory Council,Incorporated 15 of 23
14.02 Additional Requirements
(a) Such insurance amounts shall be revised upward at City's reasonable option and no more
frequently than once every 12 months, and SAC shall revise such amounts within thirty
(30)days following notice to Bureau of such requirements.
(b) SAC will submit to City documentation that it has obtained insurance coverage as
required in this Agreement prior to payment of any monies provided hereunder.
(c) Where applicable, insurance policies required herein shall be endorsed to include City as
an additional insured as its interest may appear. Additional insured parties shall include
employees,representatives,officers, agents, and volunteers of City.
(d) The Workers' Compensation Insurance policy shall be endorsed to include a waiver of
subrogation, also referred to as a waiver of rights of recovery, in favor of City. Such
insurance shall cover employees performing work on any and all projects. SAC or its
contractors shall maintain coverages, if applicable. In the event the respective contractors
do not maintain coverage, SAC shall maintain the coverage on such contractor, if
applicable, for each applicable contract.
(e) Any failure on part of City to request certificate(s) of insurance shall not be construed as
a waiver of such requirement or as a waiver of the insurance requirements themselves.
(f) Insurers of Bureau's insurance policies shall be licensed to do business in the state of
Texas by the Department of Insurance or be otherwise eligible and authorized to do
business in the state of Texas. Insurers shall be acceptable to City insofar as their
financial strength and solvency and each such company shall have a current minimum
A.M. Best Key Rating Guide rating of A-: VII or other equivalent insurance industry
standard rating otherwise approved by City.
(g) Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless
otherwise approved by City.
(h) In the event there are any local, federal or other regulatory insurance or bonding
requirements for Bureau's operations, and such requirements exceed those specified
herein,the former shall prevail.
(i) SAC shall require its contractors and subcontractors to maintain applicable insurance
coverages, limits, and other requirements as those specified herein; and, SAC shall
require its contractors and subcontractors to provide SAC and City with certificate(s) of
insurance documenting such coverage. Also, SAC shall require its subcontractors to have
City and SAC endorsed as additional insured's (as their interest may appear) on their
respective insurance policies.
Agreement with Ft.Worth Park and Recreation Sports Advisory Council,Incorporated 16 of 23
(j) Professional Liability coverage shall be in force and may be provided on a claim's made
basis. This coverage may also be referred to as Management Liability, and shall protect
the insured against claims arising out of alleged errors in judgment, breaches of duty and
wrongful acts arising out of their management duties.
SECTION 15
PERSONNEL
15.01 It is expressly understood and agreed that SAC and its employees, representative, agents,
servants, officers, contractors, subcontractors, and volunteers shall operate as independent contractors as
to all rights and privileges and work performed under this Agreement, and not as agents, representatives
or employees of the City. Subject to and in accordance with the conditions and provisions of this
Agreement, SAC shall have the exclusive right to control the details of its operations and activities and
be solely responsible for the acts and omissions of its employees, representative, agents, servants,
officers, contractors, subcontractors, and volunteers. SAC acknowledges that the doctrine of respondeat
superior shall not apply as between the City and its officers, representatives, agents, servants and
employees, and SAC and its employees, representative, agents, servants, officers, contractors,
subcontractors, and volunteers. SAC further agrees that nothing herein shall be construed as the
creation of a partnership or joint enterprise between City and SAC. It is further understood that the City
shall in no way be considered a Co-employer or a Joint employer of SAC or any employees,
representative, agents, servants, officers, contractors, subcontractors, and volunteers of SAC. Neither
SAC, nor any officers, agents, servants, employees or subcontractors of SAC shall be entitled to any
employment benefits from the City. SAC shall be responsible and liable for any and all payment and
reporting of taxes on behalf of itself, and any of employees, representative, agents, servants, officers,
contractors, subcontractors, and volunteers.
15.02 The City, through its authorized representatives and employees, shall have the sole and exclusive
right to exercise jurisdiction and control over City employees.
15.03 City employees will not be allowed to volunteer their time to SAC unless and until the City's
Human Resources Director or that person's authorized designee approves the volunteer arrangement in
consultation with the City's legal department.
SECTION 16
CHARITABLE IMMUNITY
16.01 If SAC, as a charitable association, political subdivision, corporation, entity or individual
enterprise, has or claims an immunity or exemption (statutory or otherwise) from and against liability for
damage or injury to property or persons, SAC,to the extent permitted by law, hereby expressly waives its
rights to plead defensively such immunity, including governmental immunity, or exemption as against
City arising under this Agreement.
Agreement with Ft.Worth Park and Recreation Sports Advisory Council,Incorporated 17 of 23
SECTION 17
THIRD-PARTY RIGHTS AND ASSISGNMENTS
17.01 The provisions and conditions of this Agreement are solely for the benefit of the City and SAC,
and any lawful assign or successor of SAC, and are not intended to create any rights, contractual or
otherwise,to any other person or entity.
17.02 SAC agrees that it will not subcontract or assign all or any part of its rights, privileges or duties
hereunder without the prior written consent of the Director and any attempted subcontract or assignment
of same without such prior consent of the Director shall be void.
SECTION 18
BINDING COVENANTS
18.01 Subject to the limitations contained herein, the covenants, conditions and agreements made and
entered into by the parties hereunder are declared to be for the benefit of and binding on their respective
successors,representatives and permitted assigns, if any.
SECTION 19
SEVERABILITY AND NO WAIVER
19.01 It is agreed that in the event any covenant, condition or provision herein contained is held to be
invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or provision
shall in no way affect any other covenant, condition or provision does not materially prejudice either SAC
or City in connection with the right and obligations contained in the valid covenants, conditions or
provisions of this agreement.
19.02 The failure of either party to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party's right to
insist upon appropriate performance or to assert any such right on any future occasion.
SECTION 20
VENUE AND CHOICE OF LAW
20.01 SAC and City agree that this agreement shall be construed in accordance with the laws of the
State of Texas. If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County,
Texas or the United States District Court for the Northern District of Texas—Fort Worth Division.
SECTION 21
NOTICES
21.01 All written notices called for or required by this Agreement shall be addressed to the following,
or such other party or address as either party designates in writing, by certified mail, postage prepaid, or
by hand delivery:
CITY:
Agreement with Ft.Worth Park and Recreation Sports Advisory Council,Incorporated 18 of 23
City of Fort Worth
Parks and Community Services Department
Attn: Director
4200 South Freeway, Suite 2200
Fort Worth, Texas 76115-1499
WITH COPY TO:
City of Fort Worth
City Attorney's Office
Attn: City Attorney
1000 Throckmorton Street
Fort Worth, Texas 76102
SAC:
Ft. Worth Park and Recreation
Sports Advisory Council, Incorporated
Attn: President
4726 Boat Club Road
Fort Worth,Texas 76135
SECTION 22
FORCE MAJEURE
22.01 If either party is unable, either in whole or part,to fulfill its obligations under this Agreement due
to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades;
insurrections; riots; epidemics; public health crises; earthquakes; fires; floods; restraints or prohibitions
by any court, board, department, commission, or agency of the United States or of any state; declaration
of a state of disaster or of emergency by the federal, state, county, or City government in accordance with
applicable law; issuance of an Imminent Threat Alert or Elevated Threat Alert by the United States
Department of Homeland Security or any equivalent alert system that may be instituted by any agency
United States; any arrests and restraints; civil disturbances; or explosions; or some other reason beyond
the party's reasonable control (collectively, "Force Majeure Event"), the obligations so affected by such
Force Majeure Event will be suspended only during the continuance of such event. If a Force Majeure
Event occurs,the City may, in its sole discretion, close or postpone the opening of its community centers,
parks, or other City-owned and operated properties and facilities in the interest of public safety and
operate them as the City sees fit. SAC hereby waives any claims it may have against the City for
damages resulting from any such Force Majeure Event.
SECTION 23
GOVERNMENTAL POWERS AND IMMUNITIES
23.01 It is understood that by execution of this Agreement, the City does not waive or surrender any of
its governmental powers or immunities.
Agreement with Ft.Worth Park and Recreation Sports Advisory Council,Incorporated 19 of 23
SECTION 24
AUTHORIZATIONAl`dD COUNTERPARTS AV.rD ELECTRONIC SIGNAUTRES
24.01 By executing this Agreement, SAC's agent affirms that he or she is authorized by SAC to execute
this Agreement and that all representations made herein with regard to SAC's identity, address, and legal
status are true and correct.
24.02 This Agreement may be executed in several counterparts, each of which will be deemed an
original, but all of which together will constitute one and the same instrument. A signature received via
facsimile or electronically via email shall be as legally binding for all purposes as an original signature.
SECTION 25
AMENDMENTS,CAPTIONS,AND INTERPRETATION
25.01 Except as otherwise provided in this Agreement, the terms and provisions of this Agreement may
not be modified or amended except upon the written consent of both the City and SAC.
25.02 Captions and headings used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement.
25.03 In the event of any dispute over the meaning or application of any provision of this Agreement,
this Agreement shall be interpreted fairly and reasonably, and neither more strongly for or against any
party, regardless of the actual drafter of this Agreement.
SECTION 26
SOLE AGREEMENT
26.01 This Agreement, including any exhibits attached hereto and any documents incorporated herein,
contains the entire understanding and agreement between the City and SAC, and any lawful assign and
successor of SAC, as to the matters contained herein. Any prior or contemporaneous oral or written
agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement
IN WITNESS WIIEREOF, the parties hereto have executed this agreement and any attachm Os and
exhibi and multiples in Fort Worth, Tarrant County, Texas, this the day
ofaU,,&-19-11"-20l5.
CITY OF FORT WORTH FT. WORTH PARK AND RECREATIONS
SPORTS ADVSIORY COUNCIL,
INCORPO E
By: By'—
Sus Alanis Gus Bates
stant City Manager President
OFFICIAL RECORD
CITY SECRETARY
Agreement with Ft.Worth Park and Recreation Sports Advisory Council,Incorporated FT. WORTH, TX 20 of 23
Approved as to form and legality:
Tyler Wa h
Assista ity Attorney
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Agreement with Ft.Worth Park and Recreation Sports Advisory Council,Incorporated 21 of 23
Exhibit A
Vending Locations
Como Diamond Hill Eugene McCray
817-871-5030 817-625-1525 817-871-7156
4900 Horne St 1701 NE 36th St 4932 Wilbarger St
76107 76106 76112
Fire Station Greenbriar Handley Meadowbrook
817-924-9971 817-926-6214 817-451-0222
1601 Lipscomb 5200 Hemphill St 6201 Beaty
76104 76115 76112
Highland Hills Hillside Martin Luther King
817-293-0681 817-871-7660 817-871-5960
1600 Glasgow Rd 1201 E. Maddox Ave 5565 Truman Dr
76134 76104 76112
Northside North Tri-Ethnic R.D. Evans
817-871-5820 817-871-5850 817-731-8789
1100 Northwest 18th St 2950 Roosevelt Ave 3200 Lackland Rd
76164 76106 76116
Riverside Southwest Sycamore
817-871-7670 817-292-8956 817-871-7675
3700 East Belknap 6300 Welch Ave 2525 E. Rosedale Ave
76111 76133 76105
Thomas Place Worth Heights Andrew"Doc" Sessions
817-735-1751 817-871-8722 817-871-6585
4237 Lafayette 3551 New York Ave 201 S. Sylvania Ave
76107 76110 76111
Southside Chisholm Trail Chisholm Trail
817-871-6605 4680 McPherson Blvd 4680 McPherson Blvd
959 E. Rosedale St 76123 76123
76104
Parks and Community Services
Main Office
4200 South Freeway, Suite 2200
76115-1499
Agreement with Ft.Worth Park and Recreation Sports Advisory Council,Incorporated 22 of 23
01
Exhibit B
Sports Complexes
Gateway Park Rolling Hills Park
750 North Beach Street Soccer Complex
4800 East 1st Street 2525 Joe B. Rushing
76111 76119
Sycamore Park Rockwood Park
2525 E. Rosedale 701 North University
76105 76114
Harmon Park West Park
1501 MLK Freeway 8900 Sweet Pea Road
76104 76018
North Park Zboaz Park
9000 North Beach Street 5250 Old Benbrook Road
76248 76126
Hallmark Park
802 Sycamore School Road
76134
Agreement with Ft.Worth Park and Recreation Sports Advisory Council,Incorporated 23 of 23
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FOR »
COUNCIL ACTION: Approved on 5/19/2009
DATE: 5/19/2009 REFERENCE NO.: **C-23526 LOG NAME: 80SPORTS
CODE: C TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT: Authorize a Concession Contract for Parks and Community Services Department Facilities
with the Ft. Worth Park and Recreation Sports Advisory Council, Inc.
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into a five year contract
with the Ft. Worth Park and Recreation Sports Advisory Council, Inc., to operate concessions at
designated Parks and Community Services Department facilities.
DISCUSSION:
The purpose of this M&C is to seek City Council approval of a contract with the Ft. Worth Park and
Recreation Sports Advisory Council, Inc., (also known as the Fort Worth Parks and Community
Services Sports Advisory Council or SAC) to sell food, beverages, merchandise and other services at
Parks and Community Services Department (PACS) facilities. The SAC is a tax-exempt organization
established in 1987 for the purpose of representing amateur athletes and athletic organizations,
promoting physical education and standardizing athletic rules. The SAC has contracted with the City
since 1990 to operate concessions at PACS facilities. The SAC also serves in an advisory capacity in
the implementation of improvements and the development, operation and maintenance of athletic
facilities and programs. They have also provided numerous volunteers to assist PACS during special
events. Major contract terms include the following:
The term of the contract will be for a period of five years, beginning May 15, 2009, and ending
May, 14, 2014;
Concession operating times and prices will be subject to advance approval from the Parks and
Community Services Department Director;
The City will make annual payments to SAC of approximately $20,000.00 from monies received by
the City under its contract with Coca Cola Bottling Company of Fort Worth in order to offset
revenues SAC previously received from another beverage vendor;
All profits from concession operations will be deposited to a special fund maintained by the SAC.
Expenditures can only be made for the improvement, operation or maintenance of PACS facilities;
The City will receive 20 percent of the net revenue with a minimum guaranteed payment of
$2,000.00 per year;
Any equipment installation at City facilities will be done at the sole expense of the SAC and
equipment will become property of the City; and
All operations will be subject to generally accepted accounting, auditing and business practices and
will be covered by liability insurance.
This program serves ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=11475&councildate=5/19/2009 1/11/2017
M&C Review Page 2 of 2
The Financial Management Services Director certifies that the Parks and Community Services
Department is responsible for the collection and deposit of funds due to the City as its portion of the
net revenue. Relative to the contracts payment noted in the discussion, the Financial Management
Services Director also certifies that sufficient funds are available from the City's contract with Coca
Cola Enterprises, Inc., d/b/a Coca Cola Bottling of North Texas (City Secretary Contract 36650).
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 442273 0808080 $2,000.00
Submitted for City Manager's Office by: Charles Daniels (6183)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: Melody Mitchell (5719)
ATTACHMENTS
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=11475&councildate=5/19/2009 1/11/2017