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HomeMy WebLinkAboutContract 43777 (2)CITY SECRETARY CONTRACT FOR CONTRACT N00 4311 RESTAURANT SERVICES IN CENTENNIAL ROOM and BACKSTAGE CLUB WILL ROGERS MEMORIAL CENTER PUBLIC EVENTS DEPARTMENT CITY OF FORT WORTH This Restaurant Services Agreement (the "Agreement") is made and entered into by and between the City of Fort Worth, Texas (hereinafter referred to as the "City") and Reata Restaurant Management Co., L.L.C., 310 Houston Street, Fort Worth, Texas, 76102-7414 (hereinafter referred to as the "Operator") to provide food, beverage and related restaurant services for various events in the Centennial Room and Backstage Club at the Will Rogers Memorial Center (the "Center"), a City owned facility. 1. LICENSE GRANTED. The City grants to Operator a non-exclusive right to provide food, beverages, and related restaurant services at the Backstage Club and Centennial Room located within the Will Rogers Memorial Center located 3401 W. Lancaster Avenue, Fort Worth, Texas. This Agreement shall be in effect for various events, on the dates and times mutually agreed upon, in writing, by City and Operator between the period of October 1, 2012 and September 30, 2013. The Parties agree to provide at least ten (10) days' notice prior to initiating any term herein. 2. PAYMENTS. Operator agrees to pay City, a fee of fifty percent (50%) of net receipts from food and beverage sales in the Backstage Club or Centennial Room shall be paid to the City from sales revenues less expenses based on sales during each event. (See Exhibit A, attached hereto, as an example) Operator agrees, in the case of discounted meals or donated product, the fee will be based on the fair market value as determined by the Will Rogers Memorial Center staff. The City does not guaranty a total level of sales or income to be realized by the Operator. Net Receipts refers to the total amount of money received or to be received by Operator or by any agent, employee, or subcontractor from all sales, whether for cash or credit, whether collected or uncollected, made as a result of the restaurant service rights granted under the Agreement less expenses and any sales or other taxes imposed by local, state or federal law that are separately stated to and paid by a purchaser of any item sold by Operator or anyone acting by or on behalf of Operator from an authorized service or activity under this Agreement and directly payable to a taxing authority. (See Exhibit A, attached hereto, as an example) 3. NOTICE, PLACE AND MANNER OF PAYMENTS. All payments due the City shall be due and payable without demand by check at the office of the Director at the Center or at such other place in Tarrant County, Texas as the Director of Facilities and Public Event for the City of Fort Worth (the "Director") may hereafter notify Operator (in writing and with reasonable advance notice), and shall be made in legal tender of the United States. Payments from any calendar month shall be due no later than 3:00 P.M. on the 20th day following the end of the preceding month. Any payment that is not made by this date shall bear a service charge of one and one- half percent (1.5%), plus an interest fee in the amounts of one and one-half percent (1.5%) per month from the date it became due until the date it is paid. Operator agrees that it shall pay and discharge all costs and expenses including attorney's fees incurred or expended by the City in collection of said delinquent amounts due, including service charges. 4. EQUIPMENT. All equipment owned by Operator, including, but nctifinted to, linens or rfnted items, may need to be removed, at Operator's expense, from the Centennial Ro( pit F W Wn, pletion of Contract for Restaurant Services at the WRMC Between the City of Fort Worth and Reata Restaurant Management Co., L.L.C. cricv SE RET Fire o `117,'\ 1 of 11 the restaurant event, depending on the upcoming schedule of events at the Center. Any equipment used by the Operator owned by either the City or the City of Fort Worth's current concessionaire must be returned to the owner in the same or better condition than when received by Operator. Upon the conclusion of the event, the staff for the Public Events Department shall have the right to inspect the Facilities and any City -owned equipment used by the Operator. Any damages to Facilities' equipment beyond normal wear and tear will be the responsibility of the Operator. City will send to Operator by first class mail, an itemized invoice for any damage to the Facilities or equipment. Operator agrees to make payment to the City for the full amount of any damage to the Facilities or equipment within thirty (30) calendar days of the date of the itemized invoice unless written approval is obtained from the Director. The Operator understands and agrees that no pressurized gases, such as butane, propane or similar types, shall be permitted in the Will Rogers Memorial Center at any time. The Operator shall be liable and responsible for any and all property, including, but not limited to, equipment, placed in Facilities and/or Center or any part thereof by the Operator or any agent, officer, and/or employee of the Operator. Operator hereby expressly releases, discharges, and waives City from and against any and all claims, actions, causes of action, lawsuits, proceedings, judgments, demands, costs, fees, liabilities, damages, losses, or expenses, whether real or asserted, known or unknown, of every kind and character arising out of, in connection with, and/or related to this Agreement, including, but not limited to, Operator's use of the Center and/or Facilities or property or equipment placed in the Center and/or Facilities or owned by the Operator. 5. TRASH DISPOSAL Operator shall be responsible for proper removal and disposal of all service items on tables and clearing all food service items from all tables and for the disposal of all trash generated as a result of the restaurant services. Operator shall remove all items and trash immediately upon the close of business each day. The City shall designate a point of garbage disposal to which the Operator shall deposit all garbage generated in connection with the restaurants. Operator shall be responsible for proper removal and disposal of all service items on tables and clearing all food service items from all tables and for the disposal of all trash generated as a result of the restaurant services If City is required to dispose of trash created by the operation of the Operator, the Operator agrees to pay to City on demand all charges and costs related to the removal of the trash. 6. ALCOHOLIC BEVERAGES Alcoholic beverage, which includes, beer, wine, and spirits, ("Alcoholic Beverages ') sales will be allowed under this agreement in the Backstage Club and Centennial Room The Operator agrees that it will not license the property in such a way that will prohibit the issuance of licenses for Alcoholic Beverages by the Exclusive Concessionaire or the Stock Show. 7. PARKING. Will Rogers Memorial Center operates a paid parking system. All vehicles entering the complex are subject to paid parking at the prevailing rate. Parking passes may be purchased in advance from the Will Rogers Memorial Center Event Coordinator or from the Administrative Offices. Marked service vehicles will be allowed to park in an approved location that will allow easy and efficient access to the restaurant, if necessary. Service vehicles will not be allowed to block any doors, park in fire lanes or inside any building. All staff or other personal vehicles will be required to park in a marked designated parking area. 8 MAINTENANCE OF PROPERTY. 8.1. Utilities The City will furnish standard outlets and connections as have been installed, for hot and cold water, natural gas and electricity in the restaurant premises. The City shall provide all such utilities to the Operator at no cost to the Operator. Contract for Restaurant Services at the WRMC Between the City of Fort Worth and Reata Restaurant Management Co., L.L.C. 2 of 11 8.2. Right To Enter, Inspect And Make Repairs City and its authorized officers, employees, agents, contractors, subcontractors, and other representatives shall have the right, at such times as may be reasonable under the circumstances and with as little interruption of the Operator's operations as is reasonably practicable, to enter upon and in the Premises for the following purposes: A. Inspection• To inspect such Facilities to deterniine whether Operator has complied and is complying with the terms and conditions of this Agreement. B. Maintenance: To perform maintenance and repairs in any case where the Operator is obligated, but has failed to do so, after the Director has given the Operator reasonable notice to do so, m which event the Operator shall reimburse the Center for the reasonable cost thereof promptly upon demand. C. Access: To gain access to the mechanical, electrical, utility and structural systems of the Center for the purpose of maintaining and repairing such systems the maintenance and repair of the same being the sole responsibility of City except where occasioned by the negligence or misconduct of Operator. 8. 3. Maintenance And Repair Operator shall, at its sole expense, maintain, repair and replace, if necessary, all Operator's equipment and furnishings utilized in connection with restaurant services hereunder. City shall maintain, repair, and replace City's equipment and furnishings utilized in connection with the restaurant services and any structural components of the Center, including without limitation, the permanent existing water, gas or sewer fines electrical service, and telephone infrastructure to the various facilities. The foregoing exception is not applicable where such repair or replacement is on account of the actions of Operator or its officers agents, or employees. The Director must approve any material alteration or replacement of equipment or furnishings in advance. Operator shall not engage in any waste, injury or damage upon or to the Center or its equipment and appurtenances. At the expiration of this Agreement, Operator shall leave the Facilities and their equipment and appurtenances in at least the same condition as that which existed at the commencement of the Agreement, plus any additions, less normal wear and tear. 8.4. Cleanliness Of Work and Food Service Areas Operator shall keep work area and restaurant clean and free from all rubbish. 9. COMPLIANCE WITH LAWS AND REGULATIONS. Operator shall comply with all federal, state, county and city statutes, laws and ordinances including but not limited to, all local public health safety and fire regulations, and all such rules and regulations now or hereafter applicable to the Will Rogers Memorial Center or to any adjoining public ways, or as to the manner of use or the conduct of the Operator's business. 10. LICENSE In order to assure the necessary health inspections of the preparation facilities and transportation vehicles are completed and comply with all applicable regulations, evidence of a valid City of Fort Worth Restaurant Permit or Temporary Health Permit valid for the dates covered by this agreement shall be delivered to the Director of Public Events at the Will Rogers Memorial Center prior to the execution of this Agreement. 11. INSURANCE. Operator shall provide the City with certificate(s) of insurance documenting policies of the following minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: Contract for Restaurant Services at the WRMC Between the City of Fort Worth and Reata Restaurant Management Co., L.L.C. 3 of 11 BASIC INSURANCE REQUIREMENTS The OPERATOR shall procure and maintain at all times, in full force and effect, a policy or policies of insurance to provide the types and limits of coverage specified herein. 1. Commercial General Liability (CGL) Insurance Policy $1,000,000 each occurrence $2,000,000 aggregate limit 2. Automobile Liability Insurance Policy $1,000,000 each accident on a combined single limit basis or $250,000 Property Damage $500,000 Bodily Injury per person $1,000,000 Bodily Injury per occurrence A commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non -owned. 3. Workers' Compensation Insurance Policy Statutory limits Employer s liability $100,000 Each accident/occurrence $100,000 Disease - per each employee $500,000 Disease - policy limit 4. Liquor Liability: The policies of insurance shall protect the City and the CENTER premises as additional insureds for and against damages, judgments, claims, liens, costs and expenses arising under Texas law or under any other present or future law, statute or ordinance of the City or other governmental authority having jurisdiction at the Center by reason of any storage, sale or use of Alcoholic Beverages on or from the premises and shall include the following: Bodily injury or property damage for which any insured may be held liable by reason of: a) Causing or contributing to the intoxication of any person; b) The furnishing of Alcoholic Beverages to a person under the legal drinking age or under the influence of alcohol or c) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of Alcoholic Beverages. and shall be in the following limits: $1,000,000 Each Common Cause $1,000,000 Aggregate Limit Contract for Restaurant Services at the WRMC Between the City of Fort Worth and Reata Restaurant Management Co., L.L.C. 4 of 11 GENERAL INSURANCE REQUIREMENTS: a. The City, its officials, employees, agents and officers shall be endorsed as an "Additional Insured" to all policies except Employers Liability coverage under the Workers Compensation policy. b. All policies shall be written on an occurrence basis. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. c. All policies shall be written by an insurer, with an A- VIII or better rating by the most current version of the A. M. Best Key Rating Guide or with such other financially sound insurance carriers acceptable to the City. d. Deductibles shall be listed on the Certificate of Insurance and shall be on a "per occurrence" basis unless otherwise stipulated herein. e. If coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the Agreement and the certificate of insurance shall state that the coverage is claims -made and the retroactive date. The insurance coverage shall be maintained for the duration of the Agreement and for five (5) years following completion of the service provided under the Agreement or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. f. Certificates of Insurance shall be delivered to the City of Fort Worth, 3401 W. Lancaster Avenue, Fort Worth, Texas 76107, evidencing all the required coverages, including endorsements. g. The deductible or self -insured retention (SIR) affecting required insurance coverage shall be acceptable to the Risk Manager and/or Public Events Department of the City of Fort Worth in regards to asset value and stockholders' equity In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups must also be approved. h. All policies shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement specified herein. j. The City shall be entitled, upon request and without expense, to receive certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of party or the underwriter on any such policies. k The City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City of Fort Worth. The City shall be required to provide prior notice of ninety (90) days. Thirty (30) days notice of cancellation or non -renewal is required and shall contain the following language: "This insurance shall not be canceled, limited in scope or coverage, Contract for Restaurant Services at the WRMC Between the City of Fort Worth and Reata Restaurant Management Co., L.L.C. 5 of 11 cancelled or non -renewed, until after thirty (30) days prior written notice has been given to the City of Fort Worth. A ten days notice shall be acceptable in the event of non- payment of premium. 11.1 Certificates. Certificates of Insurance evidencing that the Operator has obtained all required insurance shall be delivered to the City prior to Operator proceeding with any work pursuant to this Agreement. All policies shall be endorsed to name the City as an additional insured thereon, as its interests may appear. The term City shall include its employees, officers officials, agent and volunteers in respect to the contracted services. Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement. A minimum of thirty (30) days notice of cancellation or reduction in limits of coverage shall be provided to the City. Ten (10) days notice shall be acceptable in the event of non-payment of premium. Such teams shall be endorsed onto Operator's insurance policies. Notice shall be sent to the Risk Manager City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102, with copies to the City Attorney at the same address. 12. GENERAL INDEMNIFICATION. (a) Operator covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims or suits for property loss, including but not limited to, Workers' Compensation Act liability, lost profits, property damage, damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the use or occupation of the facilities by Licensee. THIS INDEMNITY PROVISION (INCLUDING, WITHOUT LIMITATION, INDEMNITY FOR COSTS, EXPENSES AND LEGAL FEES) IS SPECIFICALLY INTENDED TO OPERATE AND BE APPLICABLE EVEN IF IT IS ALLEGED OR PROVED THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED AS A WHOLE OR IN PART BY ANY ACT, OMISSION, NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT, INTENTIONAL CONDUCT, VIOLATION OF STATUTE OR COMMON LAW, BREACH OF WARRANTY, PRODUCT DEFECT, STRICT PRODUCT LIABILITY, OR ANY OTHER ACT OR CONDITION WHATSOEVER OF THE CITY OR ITS PROPERTY. (b) IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST THE CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, OPERATOR, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR PROCEEDING, AT OPERATOR'S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO CITY. (c) IT IS AGREED WITH RESPECT TO ANY LEGAL LIMITATIONS NOW OR HEREAFTER IN EFFECT AND AFFECTING THE VALIDITY OR ENFORCEABILITY OF THE INDEMNIFICATION OBLIGATION UNDER THIS SECTION, SUCH LEGAL LIMITATIONS ARE MADE A PART OF THE INDEMNIFICATION OBLIGATION AND SHALL OPERATE TO AMEND THE INDEMNIFICATION OBLIGATION TO THE MINIMUM EXTENT NECESSARY TO BRING THE PROVISION INTO CONFORMITY WITH THE REQUIREMENTS OF SUCH LIMITATIONS, AND AS SO MODIFIED, THE INDEMNIFICATION OBLIGATION SHALL CONTINUE IN FULL FORCE AND EFFECT. (d) This provisions shall survive the termination or expiration of this License Agreement. 13. CANCELLATION. Either party, without cause may cancel this Agreement in its entirety by giving thirty (30) days written notice In the event of the cancellation or expiration of this Agreement, Operator is subject to the same terms and conditions of this Agreement if Operator engages in any type of restaurant services, in whole or in part, for any subsequent event in the Will Rogers Memorial Center unless there is a superseding written document executed by both parties. Contract for Restaurant Services at the WRMC Between the City of Fort Worth and Reata Restaurant Management Co., L.L.C. 6 of 11 In the event of breach of any the provisions of this contract by Operator, including, but not limited to, the non-payment of fees or failure to provide proof of insurance, the City may terminate this contract immediately by giving written notice to Operator 14. GOVERNING LAW / VENUE. This Agreement shall be construed in accordance with the internal laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought on the basis 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 15. NOTICES All notices required shall be in writing and sent by certified mail, return receipt requested, to the Director of Public Events for the City of Fort Worth, 3401 W. Lancaster Avenue, Fort Worth, Texas 76107 16. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between the parties and may be amended only in writing and executed by duly authorized representatives of the parties. 17. AMENDMENTS / MODIFICATIONS / EXTENSIONS. No extension, modification, or amendment of this Agreement shall be binding upon a party hereto unless such extension, modification, or amendment is set forth in a written instrument, which is executed by an authorized representative and delivered on behalf of such party. 18. FORCE MAJEURE If the Facilities or any portion thereof shall be destroyed or damaged by fire or other calamity so as to prevent the use of the Facilities for the purposes and during the periods specified in this contract or if the use of the Facilities by Licensee shall be prevented by act of God, strike, lockout, material or labor restriction by any governmental authority, civil riot, flood, or any other like cause beyond the control of the City, then this contract shall terminate and Operator hereby waives any claim against City for damages by reason of such termination 19. INDEPENDENT CONTRACTOR/NO PARTNERSHIP The doctnne of respondent superior shall not apply as between the Licensee and City and nothing contained in this Agreement shall be deemed to constitute City and Operator as partners or joint ventures with each other nor shall the Operator be considered to be an agent, representative, or employee of the City. Operator shall have the exclusive control of and the right to control its employees and the details of its operation on the Facilities and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors, and subcontractors. 20. SEVERABILITY. In case any one or more of the provisions contained in this Agreement are held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this contract shall be considered as if such invalid, illegal or unenforceable provisions were never contained herein. 21. ASSIGNMENT AND SUBCONTRACTING. Operator shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of the City If the City grants consent to an assignment, the assignee shall execute a written Agreement with the City and the Operator under which the assignee agrees to be bound by the duties and obligations of Operator under this Agreement. The Operator and assignee shall be jointly liable for all obligations under this Agreement prior to the assignment If the City grants consent to a subcontractor, the subcontractor shall execute a written Agreement with the Operator referencing this Agreement under which the subcontractor shall agree to be bound by the duties and obligations of the Operator under this Agreement as such duties and obligations may apply. The Operator shall provide the City with a fully executed copy of any such subcontract. 22. CONTRACT CONSTRUCTION The Parties acknowledge that each party and, if it so chooses, its counsel, have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. Contract for Restaurant Services at the WRMC Between the City of Fort Worth and Reata Restaurant Management Co., L.L.C. 7 of 11 23.. WAIVER. No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants, and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. 24. CAPTIONS. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 25. SIGNATURE AUTHORITY. The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance, or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this Agreement. 26. SURRENDER OF POSSESSION. Upon termination or expiration of this Agreement, all rights, powers, and privileges granted to Operator hereunder shall cease and Operator shall peaceably vacate the Facilities. Operator shall remove from the Facilities all trade fixtures, tools, machinery, equipment, materials, and supplies placed on the Facilities by Operator upon request of the Director and shall do so within thirty (30) calendar days of that request. IN WITNESS HEREOF, the Parties have EXECUTED this Agreement on theW day of /0/ CITY OF FORT WORTH: By: kW(' U2IAAAA:a Susan lanis A stant City Manager RECOMMENDED: By: � . 5Y ghter Director of Public Events REATA RESTAURAN MANAGEMENT CO., L.L.C. APPROVED AS TO FORM AND GALITY: TyY‘ F: Wallach Assistant City Attorney Mary City Sec -etary AGREEMENT AUTHORIZATION: No M&C required. Contract for Restaurant Services at the WRMC Between the City of Fort Worth and Reata Restaurant Management Co., L L C. Mike Mi�ef Preside n�f h t� �oa o r so t, .ro p4o°A °0004 'vet% liC3o 0 0 a �iCA a 00 "oovoap° 7. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 8of11 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority In and for the State of Texas, on this day personally appeared, Susan Alanis, known to me to be the person whose name is subscribed to the foregoing instrument and known to me to be the Assistant City Manager for the City of Fort Worth and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated, as the act and deed of said City. GIVEN UNDER MY HAND and seal of office, this the 1 day of n(`_loCrY , 2012. Slack. t t gkiskC � n No ary Public in and for the StatUof Texas My commission expires on STATE OF TEXAS COUNTY OF TARRANT § LINDA M. HIRRLINGEN! MY COMMISSION EXPIRES Fehrvary 2, 2014 BEFORE ME, the undersigned authority in and for the State of Texas, on this day personally appeared Mike Micallef known to me to be the person whose name is subscribed to the foregoing instrument and known to me to be the President of Reata Management Co., L L.C., and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and in the capacity therein stated, as the act and deed of said company. GIVEN UNDER MY HAND and seal of office, this the liAlay of od- 2012. PUU and for the State of Texas My commission expires ow Sin I 1 r BETTY J.TANNER MY COMMISSION EXPIRES May28, 2014 Contract for Restaurant Services at the WRMC Between the City of Fort Worth and Reata Restaurant Management Co., L.L.C. ' 9 of 11 Revenues: Sales - Food Sales - Comps/Discounts Sales - Liquor Sales - Beer Sales - Wne Sales - Comps/Spills Sales - Retail PR Certs Issued Total Revenues Sales Credits: Credit - Comp Meals CredR - Comp Bar Credit - Spill Total Sales Credits Cost of Sales: COS - Food COS -1Mne COS- Beer COS - Liquor COS - Bar Supplies COS - Retail Total Cost of Sales Liquor Tax Expense Labor Expenses: Wages- Production Wages - BOH Manager Wages- Line Cook Wages - Dishwasher Wages - BOH Overtime PR Taxes - BOH Wages - Bartender Wages- FOH Manager Wages - PDC Wages - Waitstaf Wages - Cashier Wages - Runner PR Taxes - FOH Total Labor Expenses Overhead Expenses: Entertainment Expense Worker's Comp Insurance Advertising Parking Expense Credit Card Processing Dues & Subscriptions Equipment Rental Insurance Expense Licenses & Fees Printing & Reproduction Catering expenses Pest Control Smallwares BOH Operating Supplies FOH Operating Supplies Paper Chemicals Laundry & Linens Telephone Proposal EXAMPLE Actual A Subtract From Sales 25% of sales 25% of sales 22% of sales 18% of sales 2% of sales Na 14% of Liquor Sales Actual # except no overtime will be included 5% of sales includes CC fees $1,000.00 750.00 700.00 400.00 2,850.00 10.00 6.00 16.00 250.00 100.00 154.00 135.00 37.00 0.00 676.00 259.00 203.00 158.00 48.00 34.77 68.00 203.00 195.00 39.61 949.38 EXHIBIT "A" Reata Restaurants Management Co., Ltd. Attachment A LaEspuella venue Contract for Restaurant Services at the WRMC Between the City of Fort Worth and Reata Restaurant Management Co., L.L.C. 10 of 11 MIS Expense Office Supplies Promotions City of FM commission Cash Register Short/Over Corp Expense Allocation Proposal EXAMPLE Total Overhead Expenses 142.50 NET RECEIPTS Other Expenses: Depreciation Amortization - Start-Up/Trademark Profit Sharing Total Other Expenses Net Income Net Profit Shared 50/50 807.13 Reata Restaurants Management Co_ Ltd. Attachment A LaEspuella venue Contract for Restaurant Services at the WRMC Between the City of Fort Worth and Reata Restaurant Management Co., L.L.C. 1 I of 11