HomeMy WebLinkAboutContract 37798 (2)Y SECRETARY
CONTRACT NO
AMENDMENT NO.1 OF CONTRACT
FOR EXCLUSIVE FOOD, BEVERAGE AND ALCOHOLIC BEVERAGE SERVICES
AT THE FORT WORTH CONVENTION CENTER
(CITY SECRETARY CONTRACT N0.35510)
THIS AMENDMENT NO. 1 TO CONTRACT NO. 35510 ("the Amendment") is made
and entered into the _ day of August, 2008, by and between the CITY OF FORT WORTH
("the City"), a home rule municipal corporation organized under the laws of the State of Texas,
and Omni Hotels Management Corporation ("Omni"), a corporation organized and existing
under the laws of the State of Delaware to provide food, beverage, alcoholic beverage, and
related concession and catering operations at the Fort Worth Convention Center ("the Center").
The following introductory provisions are true and correct and form the basis of this
Amendment:
A. On Apri127, 2005, the City and Omni entered into the Contract For Exclusive Food,
Beverage and Alcoholic Beverage Services at the Fort Worth Convention Center
("the Contract") to provide exclusive food, beverage, and alcoholic beverage services
at the Fort Worth Convention Center.
B. Section 2.01 of the Contract stated that the Contract shall be in effect for a period of
ten (10) years beginning on the date which is six (6) months after the Omni Fort
Worth Hotel opens for business.
C. The Omni Fort Worth Hotel is scheduled to open for business on January 12, 2009.
D. The current concessionaire's contract will expire on November 30, 2008; the City and
Omni wish to amend the contract to provide for an earlier effective date.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which
are hereby acknowledged, the City and Omni hereby agree as follows:
1. The first paragraph of Section 2.01 of the Contract (Term of Contract), is hereby
amended to read as follows:
The Contract shall be in effect for a period often (10) years beginning on December 1,
2008; provided, however, not withstanding anything to the contrary in the Contract,
Omni will not provide Catering Services, as defined in Section 12.11 herein until January
1, 2009.
2. All terms in this Amendment that are capitalized but not defined shall have the same
meanings assigned to them in the Contract.
1
3. All of the terms and provisions of the original Contract that are not expressly amended by
this Amendment shall remain in full force and effect.
CITY OF FORT WORTH:
By: 61" %7
Tom Higgins
Assistant City Manager
Date:
APPROVED AS TO FORM AND LEGALITY:
By:
Assistant City Attorney
CITY SECRETARY
FT, iA(ORTM, TX
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2
OMNI HOTELS MANAGEMENT
CORPORATION:
a Delaware corporation
By:
Name:
Title:
• • •
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COUNCIL ACTION: Approved on 8/26/2008 -Ord. No. 18230-08-2008
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DATE: Tuesday, August 26, 2008
LOG NAME: 250MN12008
REFERENCE NO.: **C-22985
SUBJECT:
Authorize Execution of Amendment to Contract with Omni Hotels Management Corporation for
Exclusive Food, Beverage and Alcoholic Beverage Services at the Fort Worth Convention Center to
Revise the Term and Adopt Supplemental Appropriation Ordinance in the Amount of $125,000.00
for Equipment Replacement and Repair
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RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an Amendment to the
Contract with Omni Hotels Management Corporation for Exclusive Food, Beverage and Alcoholic Beverage
Services at the Fort Worth Convention Center to:
1. Revise the term to be effective December 1, 2008, and expire November 30, 2018; and
2. Adopt the attached ordinance increasing appropriations in the Culture and Tourism Fund in the amount of
$125,000.00 and decreasing unaudited, unreserved, undesignated fund balances by the same amount for
the replacement and repair of current food and beverage equipment.
DISCUSSION:
On April 27, 2005, the City and Omni Hotels Management Corporation (Omni) executed City Secretary
Contract No. 31742, the Contract for Exclusive Food, Beverage and Alcoholic Beverage Services for a term
of ten years to be effective six months after the Omni Fort Worth Hotel opens for business (M&C 20619,
March 29, 2005). At the time the documents were executed, it was anticipated that the Omni would require
six months after the hotel opened to assume the food, beverage and alcoholic operations. Omni has
requested permission to begin concession and alcoholic beverage services on December 1, 2008 and
exclusive catering operations on January 1, 2009.
The existing agreement with Tarrant County Concessions, L.L.C., d/b/a Aramark for concessions and
alcoholic beverage services will expire on November 30, 2008. All catering agreements at the Fort Worth
Convention Center will expire on December 31, 2008.
In addition, under the agreement between the City and Omni Hotels Management Corporation the City
committed to spend $125,000.00 toward the replacement and repair of current equipment in the concession
premises on or before the commencement of the term. The process to purchase the equipment must begin
in the current fiscal year in order to satisfy the terms of the contract and meet purchasing guidelines.
The Fort Worth Convention Center is located in COUNCIL DISTRICT 9 and serves the entire City.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and adoption of the
Logname: 250MNI2008 Page 1 of 2
attached supplemental appropriation ordinance, funds will be available in the current operating budget, as
appropriated, of the Culture and Tourism Fund. Upon approval, the unaudited, unreserved, undesignated
fund balance of the Culture and Tourism Fund will be $4,404,852.05.
TO Fund/Account/Centers
FROM Fund/Account/Centers
GG04 541200 0246000 $125 000.00
Submitted for City Manager's Office by: Tom Higgins (6575)
Originating Department Head: Kirk Slaughter (2501)
Additional Information Contact: Betty Tanner (2502)
Logname: 25OMNI2008 Page 2 of 2