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HomeMy WebLinkAboutContract 56502 CSC No. 56502 SERVICE AGREEMENT Event Hire Thirst Mobile Bar, LLC This Bartending Contract (the "Contract") is made effective as of 9/9/21 , by and between Dana Burghdoff (the "Client"), and Thirst Mobile Bar, LLC ("Thirst") of PO BOX 79403, Keller, Texas 76179. Thirst desires to provide bartending services to Dana Burghdoff and the Client desires to obtain such services from Thirst for such event to take place on 11/20/21 THEREFORE, in consideration of the mutual promises set forth below, the parties agree as follows: 1. DESCRIPTION OF SERVICES. Thirst will provide to the Client bartending services (collectively, the "Services"): to include bar rental, bartending service as requested, non-alcoholic beverages, and supplies. Event Information provided by the Client Type of Event= Fort Worth Public Library Reception Number of Guests= 300 Date and Time of Event= 11/20/21. 6-8pm Name of Venue and/or address= Fort Worth Public Library,500 W 3rd St., Fort Worth,TX 76102-7305 Bar Rental= Portable Bar, mocktail-only menu Number of Bartenders= 4 Add-Ons= 2 bars included in price I verify that I am at least 21 years of age, and will provide proof of a valid Government ID when signing this service agreement. Examples of valid Government IDs include: driver's license from a U.S. State, federal or state ID card, Military ID card, or U.S. Passport. Initial here:9- I acknowledge that Thirst Mobile Bar, LLC, is a dry-hire bar, and that any and all alcohol must be purchased by myself or others of legal age involved in the planning process. Initial here: 2. RIGHTS AND RESPONSIBILITIES OF THE BARTENDER. Thirst affirms that he/she/they know(s) state and local laws concerning the sale of alcoholic beverages and shall follow the applicable liquor laws. Thirst shall follow measures to ensure that only persons of legal drinking OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX age are served alcoholic beverages. Guests who appear to be underage may be asked to provide ID. Thirst shall also exercise discretion in serving alcoholic beverages to guests. Thirst reserves the right to refuse to serve alcoholic beverages to any guest if he or she believes that such guest is intoxicated and is acting in a manner that could be detrimental to either himself/herself or other guests. Thirst will prepare all necessary cocktail items, garnish, and stock items. Thirst will provide the necessary tools, i.e. cups, wine key, bottle opener, pourers, etc. 3. LOCATION AND PERMITS. Location selection for providing bartending services and compliance with all location permits, rules and/or regulations, including but not limited to liquor licenses, are the sole responsibility of the Client. 4. PAYMENT. The Client agrees to pay Thirst, in consideration of the Services contracted for, the minimum of$600.00, $300.00 of which is a deposit fee due upon signature of this Contract. If invoice amount is under$600, the amount must be paid in full, and will follow the cancellation and refund policy below.Any add-ons selected in the estimates and/or contract have an additional cost, outlined in the Estimate, and the remaining balance to be paid in full 15 days prior to your event date. Payment shall be made to Thirst Mobile Bar, LLC, via: • Invoice link sent via email • Cashier's check mailed to PO BOX 79403, Fort Worth, Texas 76179, • Venmo (@thirstmobilebar) or • Credit/debit card on the website, www.thirstmobilebar.com or • Credit/debit card paid in-person. No cash will be accepted for payments in full. Any Services requested that exceed the contracted time period and which are granted by Thirst will be charged at the rate of$100.00 per hour. It may not always be possible to provide additional bartending time. Requests for extended bartending time will be accommodated only when feasible. If any invoice is not paid when due, interest will be added to and payable on all overdue amounts at 10 percent per month, or the maximum percentage allowed under applicable laws, whichever is less. The Client shall pay all costs of collection, including without limitation, reasonable attorney fees. In addition to any other right or remedy provided by law, if the Client fails to pay for the Services when due, Thirst has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/or seek legal remedies. Invoice amount to be paid: $1,880 5. TERM. This Contract will terminate automatically upon completion by Thirst of the Services required by this Contract. 6. CANCELLATION & REFUND POLICY. Cancellation or date rescheduling of this Contract by the Client must be received in writing. If the event is cancelled or rescheduled more than 30 days prior, a full deposit ($300)will be refunded. If the event is cancelled or rescheduled 29-15 days prior, only half of the deposit ($150)will be refunded. If the event is cancelled or rescheduled 14 days or less prior, none ($0) of the deposit will be refunded. If the Client cancels on the day of his/her/their event due to an emergency, Thirst will keep the amount spent on supplies and work with the Client on rescheduling and refund. Refund Dates Today's Date: 9/9/21 Full Refund Date: 10/21/21 (30+ Days Prior) Half Refund Date: 11/5/21 (29-15 Days Prior) No Refund Date: 11/6/21 (14-0 Days Prior) 7. CONFIDENTIALITY. Thirst, and its employees or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Thirst, or divulge, disclose, or communicate in any manner, any information that is proprietary to the Client. Thirst and its employees and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract. 8. WARRANTY. Thirst shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Thirst's community and region, and will provide a standard of care equal to, or superior to, care used by bartenders similar to Thirst on similar projects/work. Thirst shall be familiar with all state, local, regulations, policies and guidelines applicable to the serving of alcohol. 9. DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract: a. The failure to make a required payment when due. b. The insolvency or bankruptcy of either party. c. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency. d. The failure to make available or deliver the Services in the time and manner provided for in this Contract. 10. REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 7 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s)within such time period shall result in the automatic termination of this Contract. 11. FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased.An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates. 12.ARBITRATION. Any controversies or disputes arising out of or relating to this Contract shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Contract. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties.All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of this Contract or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Contract. 13. ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties. 14. SEVERABILITY. If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited. 15. AMENDMENT. This Contract may be modified or amended in writing up to 30 days prior to the event, if the writing is signed by the party obligated under the amendment.Any amendments requiring updated pricing will be reflected, communicated and paid in full, 15 days prior to the event. 16. GOVERNING LAW. This Contract shall be construed in accordance with the laws of the State of Texas. 17. NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing. 18. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract. 19. SIGNATURES. This Agreement shall be signed on behalf of the Client and on behalf of Thirst Mobile Bar, LLC and effective as of the date first above written. Signed: ✓����� ���o Oct 19, 2021 Dana Burghdoff(Oc 19,2021 14:18 CDT) Client Date Chd,5ea Jck A—` 9/10/21 Thirst Mobile Bar, L C Date Chelsea Schnyer, Owner OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ADDENDUM TO AGREEMENT BETWEEN THE CITY OF FORT WORTH AND THIRST MOBILE BAR,LLC. This Addendum is made a part of the Agreement between the City of Fort Worth ("City") and Thirst Mobile Bar, LLC ("Vendor) for bartending services ("Agreement"), which is attached hereto for reference.The terms and provision of this Addendum shall control to the extent there is a conflict between the terms and conditions of this Addendum and the terms and conditions of the Agreement. I. COMPENSATION The Vendor shall provide the City with a correct and accurate invoice by the 20th day of each month for all of the completed services in the immediately preceding month. Vendor will be paid within thirty days of receipt of a correct and accurate invoice.Total annual compensation under this agreement will not exceed THREE THOUSAND DOLLARS($3,000.00).Vendor shall not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services.City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. This Agreement shall begin on March 1, 2022 and shall continue through February 28,2023. II.PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2270 of the Texas Government Code,the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract,Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott Israel; and(2)will not boycott Israel during the term of the contract. III.PROHIBITION ON BOYCOTTING ENERGY COMPANIES Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it:(1)does not boycott energy companies;and(2)will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code,as added by Acts 2021, 87th Leg., R.S.,S.B. 13, §2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1)does not boycott energy companies;and(2)will not boycott energy companies during the term of this Agreement. IV.PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg.,R.S., S.B. 19, § 1,the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and(2)will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms"discriminate,""firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code,as added by Acts 2021, 87th Leg.,R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement,by signing this Agreement,Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1)does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. V.AUDIT Vendor agrees that City will have the right to audit the financial and business records of the Vendor that relate to this Agreement(collectively "Records") at any time during the Term of this Agreement and for three (3)years thereafter in order to determine compliance with this Agreement. Throughout the Term of this Agreement and for three(3)years thereafter,the Vendor shall make all Records available to City on 200 Texas Street, Fort Worth, Texas or at another location in City acceptable to both parties following reasonable advance notice by City and shall otherwise cooperate fully with City during any audit. Notwithstanding anything to the contrary herein,this section shall survive expiration or earlier termination of this Agreement. VI.INDEMNITY City shall not be required to indemnify or hold Vendor harmless for any claims, damages, and or liability of any sort caused by any action taken in connection with the Agreement or Addendum.This shall also include that the City shall not be required to pay for any attorney's fees,costs,or fees associated with any claim brought by or against Vendor in connection with this agreement. To the extent the Agreement, in any way, limits the liability of Vendor or requires City to indemnify or hold Vendor or any third party harmless from damages of any kind or character,City objects to these terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. VII.NO MANDATORY ARBITRATION To the extent the Agreement requires mandatory arbitration to resolve conflicts,City objects to these terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. VH.IMMIGRATION NATIONALITY ACT Vendor shall verify the identity and employment eligibility of its employees who perform work under the Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Vendor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under the Agreement. Vendor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, SUBCONTRACTORS,AGENTS, OR LICENSEES. City, upon written notice to Vendor, shall have the right to immediately terminate the Agreement for violations of this provision by Vendor. [signature page follows] ACCEPTED AND AGREED: CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration By: Dana Burghdoff(0c 19,20211 :18 CDT) of this contract,including ensuring all Dana Burghdoff performance and reporting requirements. Assistant City Manager Date: OCt 19) 2021 By: APPROVAL RECOMMENDED: Timothy Shidal Administrative Services Manager �7�d­ APPROVED AS TO FORM AND LEGALITY: By: Marilyn Marvin Assistant Library Director 1�pn � By: ATTEST: Jessika Williams Assistant City Attorney Ordinance No.24161-04-2020 By: �f " n CONTRACT AUTHORIZATION: Ronald Gonzales apF*ORrIlIlaa M&C• N/A Oo°° °00 Acting City Secretary a J6o �vo °�=d P o ° c 41 ex xl� THIRST MOBILE BAR,LLC. By: Name: Chelsea Schnyer Title: Owner Date: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX