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HomeMy WebLinkAboutContract 36742-R1A1 WY M1=AW. AI ►►CTNo. hILU- ,I rx FORTWORTH PUBLIC EVENTS DEPARTMENT/WILL ROGERS MEMORIAL CENTER 3401 WEST LANCASTER AVENUE, FORT WORTH,TEXAS 76107 RENEWAL AND AMENDMENT TO CITY SECRETARY CONTRACT NO. 36742 A LICENSE AGREEMENT WITH AMERICAN PAINT HORSE ASSOCIATION This RENEWAL AND AMENDMENT TO CITY SECRETARY CONTRACT NO. 36742 ("Renewal and Amendment") is made and entered into by and between the City of Fort Worth ("City"), a home-rule municipal corporation, acting herein through its duly authorized Assistant City Manager, and American Paint Horse Association ("Licensee"), acting herein by and through its duly authorized representative. WHEREAS, on March 14, 2008, City and Licensee entered into City Secretary Contract ("CSC") No. 36742 for the purpose holding the World Championship Paint Horse Show and the Fall Championship Show at certain facilities in the Will Rogers Memorial Center; WHEREAS, on June 19, 2009, the City and Licensee executed an addendum to CSC No. 36742 to set forth, among other things, the contracted dates, facilities, and rental rate schedule for the World Championship Paint Horse Show (referred to in the addendum as AjPHA/APHA World Championship Show (CSC Nos. 36742 and 36742-B are collectively referred to herein as the "License Agreement"); WHEREAS, since executing the License Agreement, Licensee has changed the name of the events that are the subject of this License Agreement; WHEREAS, the World Championship Paint Horse Show is now called the AjPHA Youth World Championship Show and the Fall Championship Show is now referred to as the APHA World Championship Show; WHEREAS, the parties desire to amend the License Agreement to reflect the new names of the events; WHEREAS, the primary term of the agreement was for five years, effective beginning on or about January 1,2008 and expiring on December 31,2012; M WHEREAS,the License Agreement provides that, on January 1 of each year beginning in 2009, one C-) additional year will be automatically added to the end of the initial five-year term, unless either party gives c written notification of its intent to terminate; M WHEREAS, the parties desire to memorialize the current automatic renewal term to ensure that both C= parties understand the current status of the License Agreement; z WHEREAS, Licensee wishes to move its APHA World Championship Show from November of each N year to September-of each year,beginning with its 2017 APHA World Championship Show; _o WHEREAS, the parties wish to revise the payment schedule based on the amended scheduling for the APHA World Championship Show; WHEREAS, the parties desire to memorialize the specific dates, available facilities, and facility fees for Licensee's 2015-2019 events; WHEREAS, the parties also wish to amend the annual incentive program to address the 2015-2019 events; NOW, THEREFORE, City and Licensee for and in good and valuable cons dfiPCIALiREAMD covenants and agreements contained herein, do mutually covenant and agree thathbrnnt�t jr-pF�+R y amended as follows: f�f7l TT 3EU G Renewal and Amendment of CSC 36742 FT.WQRrT#i,TX I. ,RENEWAL Licensee and City agree that the License Agreement has been automatically renewed and extended through December 31, 2019. I I. AMENDMENTS 1. Section 1, "FACILITIES", defines the "Event" as the World Championship Paint Horse Show and the Fall Championship Show. The parties hereby agree that the World Championship Paint Horse Show shall be referred to in the License Agreement as the AjPHA Youth World Championship Show and the Fall Championship Show shall be referred to as the APHA World Championship Show. Both the AjPHA Youth World Championship Show and the APHA World Championship Show shall hereinafter be referred to in the License Agreement as the "Event" and any reference to the Event in the License Agreement shall include this definition. 2. Addendum A, "FACILITIES", is hereby amended for the purpose of adding and memorializing the facilities and rental dates for Licensees 2015-2019 Event and shall read as follows: "III. Facilities and Rental Dates for Years 2015—2019 A. City agrees to license and provide to Licensee the following facilities at the Will Rogers Memorial Center (collectively, "Facilities" or "Facility") as needed and available for the Event on the contracted dates listed in Section III.B. 1. Will Rogers Coliseum (including base dirt) i. Not available for the AjPHA Youth World Championship Show(unless released by the Appaloosa Horse Club) 2. Burnett Building i. Includes all stalls, Vet Clinic, office areas, exercise area and cattle pens if needed. ii. Not available for the AjPHA Youth World Championship Show(unless released by the Appaloosa Horse Club) 3. Richardson-Bass Building L Includes John Justin Arena, James L. and Eunice West Arena, Brown-Lupton Exhibits Areas, Coburn Room, all stalls, all available meeting rooms and office areas. 4. Charlie and Kit Moncrief Building i. Includes W. R. Watt Arena, Charlie & Kit Moncrief Building Stall Area, exercise area, all meetings rooms and office areas. ii. Not available for the AjPHA Youth World Championship - Show(unless released by the Appaloosa Horse Club) 5. Cattle Barn 4 and Show Arena i. Not available for the AjPHA Youth World Championship Show(unless released by the Appaloosa Horse Club) 6. Equestrian Multi-Purpose Building i. Includes all stalls and exercise arenas 7. The Pavilion with 125'x 250'arena B. AjPHA Youth World Championship Show-Years 2015-2019 Renewal and Amendment of CSC 36742 2 of 10 1. 2015 i. June 19: Staff move in to office areas, arenas, and commercial exhibit areas only at no charge ii. June 20-21: Move in and exercise beginning at 7:00 a.m. (a) Any livestock arriving on show grounds prior to 7:00 a.m. June 20 will be considered early arrivals. iii. June 22—July 4: Show Dates iv. July 5: Move out must be completed by 12:00 a.m. 2. 2016 i. June 24: Staff move in to office areas, arenas, and commercial exhibit areas only at no charge ii. June 25-26: Move in and exercise beginning at 7:00 a.m. (a) Any livestock arriving on show grounds prior to 7:00 a.m..June 25 will be considered early arrivals. iii. June 27—July 9: Show Dates iv. July 10: Move out must be completed by 12:00 a.m. 3. 2017 L June 23: Staff move in to office areas, arenas, and commercial exhibit areas only at no charge ii. June 24-25: Move in and exercise beginning at 7:00 a.m. (a) Any livestock arriving on show grounds prior to7:00 a.m.,June 24 will be considered early arrivals. iii. June 26—July 8: Show Dates iv. July 9: Move out must be completed by 12:00 a.m. 3. 2018 L June 22: Staff move in to office areas, arenas, and commercial exhibit areas only at no charge ii. June 23-24: Move in and exercise beginning at 7:00 a.m. (a) Any livestock arriving on show grounds prior to 7:00 a.m.,June 23 will be considered early arrivals. iii. June 25—July 7: Show Dates iv. July 8: Move out must be completed by 12:00 a.m. 3. 2019 L June 21: Staff move in to office areas, arenas, and commercial exhibit areas only at no charge ii. June 22-23: Move in and exercise beginning at 7:00 a.m. (a) Any livestock arriving on show grounds prior to 7:00 a.m.,June 22 will be considered early arrivals. iii. June 24—July 6: Show Dates iv. July 7: Move out must be completed by 12:00 a.m. C. APHA World Championship Show-Years 2015-2019 1. 2015 i. November 2-3: Move in and exercise beginning at 7:00 a.m. (a) Any livestock arrivinq on show grounds prior to 7:00 a.m., November 2 will be considered early arrivals. ii. November 4-14 : Show Dates iii. November 15: Move out must be completed by 12:00 a.m. 2. 2016 i. October 31 — November 1: Move in and exercise beginning at 7:00 a.m. Renewal and Amendment of CSC 36742 3 of 10 (a) Any livestock arriving on show grounds prior to 7:00 a.m., October 31 will be considered early arrivals. ii. November 2-12: Show Dates iii. November 13: Move out must be completed by 12:00 a.m. 3. 2017 i. September 18-19: Move in and exercise beginning at 7:00 a.m. (a) Anv livestock arriving on show grounds prior to 7:00 a.m., September 18 will be considered early arrivals. ii. September 20-30 : Show Dates iii. October 1: Move out must be completed by 12:00 a.m. 3. 2018 i. September 17-18: Move in and exercise beginning at 7:00 a.m. (a) Any livestock arriving on show grounds prior to 7:00 a.m., September 17 will be considered early arrivals. ii. September 19-29: Show Dates iii. September 30: Move out must be completed by 12:00 a.m. 3. 2019 i. September 16-17: Move in and exercise beginning at 7:00 a.m. (a) Any livestock arriving on show grounds prior to 7:00 a.m., September 16 will be considered early arrivals. ii. September 18-28: Show Dates iii. September 29: Move out must be completed by 12:00 a.m. D. Event Dates Beyond 2019 1. Should the term of this License Agreement extend past 2019, the - parties agree to execute an addendum or amendment to the License Agreement setting forth the facilities and rental dates applicable to any such term." 2. Addendum A, "RENTAL RATE SCHEDULE", is hereby amended for the purpose of adding and memorializing the rental rate schedule for the use of the Facilities during Licensees 2015-2019 Event and for any further renewal term(s), plus the use of any additional City facilities not set forth in Addendum A, Section IIIA above and shall read as follows: "In consideration for the rights and privileges granted to Licensee under this License Agreement for the use of the Facilities, Licensee agrees to pay the rates set forth below pursuant to the terms thereof and the License Agreement. If Licensee wishes to use any additional facilities not set forth in Exhibit A, Section III.A., the Licensee shall pay the rates listed below. a. Will Rogers Coliseum i. $500- Per Move In or Move Out Day ii. $900- Per Exercise Day(12 hours climate controlled) iii. $1,500- Per Show Day(All show hours climate controlled) b. Burnett Building Stalls i. $45 - per stall used in years 2015 through and including 2017 Renewal and Amendment of CSC 36742 4 of 10 ii. $50 - Per stall used in years 2018 through and including 2022 if renewal option(s) are exercised iii. There will be a $15.00 per stall per day early move-in fee charged for each stall occupied prior to 7:00 a.m. on the first move-in day in each respective year contracted. C. Burnett Cattle Pens i. $150 Per Move In or Move Out Day ii. $350 Per Show Day d. John Justin Arena i. $250-Per Move In or Move Out Day ii. $500-Per Exercise Day(12 hours climate controlled) iii. $800-Per Show Day(All show hours climate controlled) e. James L. & Eunice West Arena i. $150 Per Move In or Move Out Day ii. $600 Per Show or Sale Day (All show/sale hours climate controlled) f. Brown-Lupton North and/or South Exhibits Areas i. $100-Per Move In or Move Out Day ii. $300-Per Show Day(All show hours climate controlled) g. Coburn Room and all office area i. No charge during all contracted dates h. Richardson-Bass Building Stalls i. $45 - Per stall used in years 2015 through and including 2017 ii. $50 - Per stall used in years 2018 through and including 2022 if renewal option(s)are exercised iii. There will be a $15.00 per stall per day early move-in fee charged for each stall occupied prior to 7:00 a.m. on the first move-in day in each respective year contracted. i. Richardson-Bass Cattle Pens i. $150 Per Move In or Move Out Day ii. $350 Per Show Day j. Charlie &Kit Moncrief Building Stalls i. $45 - Per stall used in years 2015 through and including 2017 ii. $50 - Per stall used in years 2018 through and including 2022 if renewal option(s) are exercised iii. There will be a$15.00 per stall per day early move-in fee charged for each stall occupied prior to 7:00 a.m. on the first move-in day in each respective year contracted. k. W. R. Watt Arena i. $250- Per Move In or Move Out Day ii. $500- Per Exercise Day(12 hours climate controlled) iii. $1,000- Per Show Day(All show hours climate controlled) I. Equestrian Multi-Purpose Building Exercise Arenas i. $500-Per Arena per Move In, Exercise or Move Out Day ii. $1,000- Per Arena per Show Day Renewal and Amendment of CSC 36742 5 of 10 M. Equestrian Multi-Purpose Building Stalls i. $45 - Per stall used in years 2015 through and including 2017 ii. $50 - Per stall used in years 2018 through and including 2022 if renewal option(s)are exercised iii. There will be a $15.00 per day fee charged per stall occupied prior to 7:00 a.m. on the first move-in day or after midnight on the move-out day in each year contracted. n. Centennial, McFarland, French Rooms and office areas i. No charge during all contracted dates o. Cattle Barn 1, 2, 3, and 4 i. $150—Per move in or move out day, per barn ii. $350—per show day, per barn iii. $45 - Per stall used in years 2015 through and including 2017 iv. $50 - Per stall used in years 2018 through and including 2022 if renewal option(s) are exercised V. There will be a $15.00 per day fee charged per stall occupied prior to 7:00 a.m. on the first move-in day or after midnight on the move-out day in each year contracted. P. Swine Barn i. No charge during all contracted dates q. Show Arena i. $100- Per Move In or Move Out Day ii. $300—Per Show Day r. East and Central Texas Rooms in Amon G. Carter Jr. Exhibits Hall i. $300—Per move in and move out day ii. $1,250—Per show day(all show hours climate controlled) S. East Texas Room in Amon G. Carter Jr. Exhibits Hall i. $200—Per move in or move out day ii. $900—Per show day (all show hours climate controlled) t. The Pavilion with arena (approximately 125'x 250' in size) i. $500- Per Move In or Move Out Day ii. $500- Per Exercise Day iii. $1,000- Per Show Day U. For the AjPHA Youth World Championship Show only, City will automatically place a tentative hold on the Round Up Inn, South Texas, and Silver Spur rooms for the ensuing year based on facility usage history form the most recently completed show. Licensee will have the right of first refusal on these facilities for the dates specified. If City notifies Licensee of another potential licensee's interest in these facilities, then Licensee must send written notice to the City confirming its intent to occupy any such facility within 15 days of receipt of City's notice; otherwise, City will have the absolute right to license such facilities. Notwithstanding anything to the contrary, Licensee must send written notification to the City to confirm occupancy of the West Texas Room no later than August 15 of the year prior to the year in which it desires to use such room or Renewal and Amendment of CSC 36742 6 of 10 the City will have the absolute right to license the West Texas Room to another licensee. The following rate will apply: i. West Texas Room in Amon G. Carter Jr. Exhibits Hall (a) $300—Per move in and move out day (b) $1,250—Per show day ii. Round Up Inn (a) $300—Per move in and move out day (b) $850—Per show day iii. South Texas (a) $400—Per show day iv. Silver Spur (a) $300—Per show day V. Portable Stalls i. Licensee must rent portable stalls directly from City or City's current contracted vendor. ii. Licensee will pay for all portable stalls ordered whether used or unused at the contracted rate in effect at the time of order. Licensee understands and agrees that if for any reason the City's contractor defaults on its contract with City to provide stalls, Licensee agrees to pay the cost per stall charged to City by any replacement vendor. City agrees to use its best effort to obtain the lowest market price available from replacement vendor to provide portable stalls. iii. Licensee must use and pay rental for all City-owned stalls prior to occupying portable stalls from the City's current contract vendor. W. In order to establish actual rental fees for the Facilities, Licensee must submit to City, in writing, its confirmation of intent to license the Facilities and its intended use of each Facility (i.e. move-in, show, etc.) over the contracted dates no later than February 1st of each respective contract year. Licensee's written confirmation is solely for the purpose of establishing Licensee's intent to license the Facilities and to establish the use and respective rental fees of each Facility. The City does not guarantee any availability for additional dates or Facilities. Any reduction or addition to the number of facilities listed above must be mutually agreed upon between the parties. X. Any additional facilities that are licensed to the Licensee in accordance with this section shall be included in the definition of Facility or Facilities and be subject to the terms and conditions of this License Agreement. Y. All events must end by midnight unless otherwise stated on the License Agreement and insurance certificate. City will invoice the Licensee at a rate of $200.00 per hour for any additional hour (or portion thereof) in which Licensee occupies space rented for show and/or Event activities between the hours of 12:00 midnight and 7:00 a.m. Renewal and Amendment of CSC 36742 7 of 10 Z. The rental rate schedule set forth above shall remain in effect throughout the remaining term of this License Agreement, including any renewal terms past 2019, unless agreed to otherwise, in writing, by the parties. Prior to revising the rental rate schedule, or any portion thereof, the parties agree that they will enter into good-faith negotiations at least eight months in advance of executing such revisions; provided, however, that such timeline will not prevent the parties from executing a mutually agreeable amendment prior to the expiration of such eight month period." 3. Addendum A, "PAYMENT SCHEDULE", Section 2"YEARS 2009 through 2012 (and additional years if applicable) is hereby amended for the purpose of revising the payment schedule concerning APHA World Championship Show for years 2017 and beyond and shall read as follows: "2. YEARS 2009 THROUGH 2012 (and additional years, if applicable) a. AiPHA Youth World Championship Show i. Licensee shall pay a $5,000.00 partial facility rental payment by no later than January 15th of each contracted year. ii. Licensee shall pay a $20,000.00 partial facility rental payment by June 1St of each contracted year. iii. Licensee shall pay, in full, any remaining balance owed within 30 days after receipt of final charges invoice following the conclusion of the show. b. APHA World Championship Show i. 2015 and 2016 Shows (a) Licensee shall pay a $5,000.00 partial facility rental payment by no later than July 15th of each contracted year for the 2015 and 2016 shows. (b) Licensee shall pay a $15,000.00 partial facility rental payment by August 15t of each contracted year for the 2015 and 2016 shows. (c) Licensee shall pay, in full, any remaining balance owed within 30 days after receipt of final charges invoice following the conclusion of the 2015 and 2016 shows, respectively. ii. 2017-2019 Shows and any shows during any additional renewal terms (a) Licensee shall pay a $5,000.00 partial facility rental payment by no later than May 15th of each contracted year for the 2017-2019 shows and any shows during any additional renewal terms. (b) Licensee shall pay a $15,000.00 partial facility rental payment by August 1St of each contracted year for the 2017- 2019 shows and any shows during any additional renewal terms. (c) Licensee shall pay, in full, any remaining balance owed within 30 days after receipt of final charges invoice following the conclusion of the 2017-2019 shows and any shows during any additional renewal terms, respectively." Renewal and Amendment of CSC 36742 8 of 10 4. Addendum A, "ANNUAL INCENTIVES", is hereby amended, in whole, for the purpose of removing the incentives related to Senate Bill 1523(Section 4B of Article 5190.6 of Vernon's Civil Statutes)and setting forth the total incentives for the APHA World Championship Show and shall read as follows: "ANNUAL INCENTIVES I. AjPHA Youth World Championship Show A. A discount of 50% of rental fees for Facilities, excluding stall, will be offered with a maximum of $20,000.00 for each of the remaining shows under this License Agreement, including any renewal terms. II. APHA World Championship Show A. A discount of 50% of rental fees for Facilities and stalls will be offered with a maximum of $40,000.00 for each of the remaining shows under this License Agreement, including any renewal terms. B. The parties agree that incentives related to Vernon's Civil Statutes, Article 5190.6, Section 4B (commonly known as SB 1523) do not apply to this License Agreement, and the City has no obligation to apply for or provide such incentives." III. MISCELLANEOUS 1. All terms in this Renewal and Amendment that are capitalized but not defined shall have the meanings assigned to them in this Contract. 2. All terms and conditions of the License Agreement that are not expressly amended pursuant to this Renewal and Amendment shall remain in full force and effect. To the extent that any terms of this Renewal and Amendment conflict with the terms of the License Agreement,the terms contained here shall govern. 3. This Renewal and Amendment 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. INA TNESS WHEREOF, the parties hereto have executed this Renewal and Amendment on this day ofahm 2015. CITY OFF RT WORTH AMERICAN PAINT HORSE ASSOCIATION n By: —",t san A nis Ron Shelly A ity Manager President Renewal and Amendment of CSC 36742 9 of 10 APPROVED AS TO FORM AND LEGALITY: Tyler V\(allaeh Assistant City Attorney ATTEST: Fop. , Ma Ka er ~ City Secre $ $� 0 00 00000000 AGREEMENT AUTHORIZATION: ��X S No M&C required OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Renewal and Amendment of CSC 36742 10 of 10