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HomeMy WebLinkAboutContract 31874 CITY SECRETARY �/ CONTRACT NO. : r�, RENEWAL OF CONTRACT FOR FOOD AN BEVERAGE CONCESSION AT FORT WORTH CONVENTION CENTER STATE OF TEXAS COUNTY OF TARRANT THIS RENEWAL CONTRACT is made and entered into this the day of �-- "Yq , 2005, by and between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas located within Tarrant, Denton, and Wise Counties, Texas (hereinafter referred to as "City") acting by and through its duly authorized Assistant City Manager, and TARRANT COUNTY CONCESSIONS, L.L.C. a Texas limited liability Company, d/b/a ARAMARK (hereinafter referred to as the "Concessionaire") WHEREAS, on June 14, 1994 the Commissioners Court of Tarrant County, Texas, acting through its County Judge, entered into a contract with Fine Host Corporation, a Delaware Corporation, of Greenwich, Connecticut to provide a food, beverage, and related concession operation at the Fort Worth/Tarrant County Convention Center; and WHEREAS, on October 28, 1997, the City purchased from the County the Fort Worth/Tarrant County Convention Center and all rights, terms and conditions of said Contract were assigned to the City of Fort Worth. The name of the Fort Worth/Tarrant County Convention Center was subsequently changed to the Fort Worth Convention Center; and WHEREAS, on June 22, 1994 and in accordance with Section 901 of the Contract, Fine Host Corporation entered into as Assignment of Rights Under Concession Contract with Tarrant County Concessions, L.L.C., a Texas limited liability company and certain rights, terms and conditions of Fine Host Corporation under said Contract were assigned to Tarrant County Concessions, L.L.C., except those set forth in Section 608, Investment in the Center and Section 1102(3), Procedure for Termination and Repossession; Rrti,� WHEREAS, the Contract between the City and Tarrant County Concessions, L.L.C., d/b/a ARAMARK, provided for a six-year primary term beginning July 1, 1994 and for one (1) five (5) year renewal option thereafter; and WHEREAS, on November 26, 2000, the primary term of the contract was revised to three years from July 1, 2002 through June 30, 2003; WHEREAS, on May 27, 2003 the term was extended for a period of two years, from July 1, 2003 through June 30, 2005 (C-19601) WHEREAS, on April 12, 2005 the City Council authorized the extension of the contract with Tarrant County Concessions, L.L.C., d/b/a ARAMARK for an additional term of one (1) year until June 30, 2006 (M&C C-20645) NOW, THEREFORE, City and Concessionaire agree to renew and extend the Contract as follows: 1. Section 201, Term of Contract, is hereby amended to read as follows: Section 201. TERM OF CONTRACT. This contract shall be in effect for a period of one year (1) year, beginning July 1, 2005 and ending June 30, 2006. Upon expiration of the renewal term or extension and upon the request of the City, Concessionaire agrees to hold over under the terms and conditions of this Contract for such a period of time as is reasonably necessary to obtain a replacement Concessionaire, provided such period shall not exceed ninety(90) days. 2. All of the terms and provisions of the original Contract between the City and the Concessionaire shall remain in full force and effect except as specifically amended herein. EXECUTED on this, the Jy day o l , 2005. W AH 2 Contract Authorizatlou Date TARRANT COUNTY CONCESSIONS, L.L.C. CITY OF FORT WORTH a Texas limited liability Company, d/b/a ARAMA 21 By: By: Davi Waddell, Vice President A ist y Manager ARA-MARK Sports and Entertainment Division WITNESS: ATTEST: nA rn Gregory tt City Secretar Counsel APPROVED AS TO FORM AND LEGALITY: Assistant City ttorney STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared o , Assistant City Manager, known to me to be the person whose name is subscribed to the foregoing strument, and acknowledged to me that the same was the act of the City for Fort Worth and that he executed the same as the act of the said City of Fort Worth for the purposes and consideration therein expressed and in the capacity herein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this -JA43 day of 2005. .xa..SE�i,c�, 4�'^`' KATHY F.DURHAM Notary Public in and or the State oft"exas MY COMMISSION EXPIRES :�� t January 24,2009 STATE OF PENN YLVANIA COUNTY OF PHILADELPHIA BEFORE ME, the undersigned authority, a Notary Public in and for the State of Pennsylvania, on this day personally appeared David Waddell for Tarrant County Concessions, L.L.C., a Texas limited liability company, d/b/a ARAMARK, known to me to be the person whose name is subscrib instrument, and acknowledged to me that the same was the act of the Tarrant County Conce s ik a, I'D T. 1'TH, I���. 3 _ k ARAMARK and that he executed the same as the act of the said Tarrant County Concessions, L.L.C, d/b/a ARAMARK this being attested by the corporate secretary for Tarrant County Concessions, L.L.C., d/b/a ARAIVIARK as evident by his/her signature, for the purposes and consideration therein expressed and ir me capacity herein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 044C7 day of M Q�/ 20�C7 2005. .11 otary Pu lic in and for the State of Pennsylvania Notarial Seal Kevisona N Ward,Notary Public City CA Philar.elobia Philadopha County My Commssli;Expres Fen.4,2007 P.1n•,�r rr,f✓r=nnsyKS,4a Asuuation of Nolan-as 4 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 4/12/2005 DATE: Tuesday, April 12, 2005 LOG NAME: 25FWCC-ARAMARK REFERENCE NO.: **C-20645 SUBJECT: Authorization to Extend the Contract with Aramark Corporation to Provide Exclusive Concession and Alcoholic Beverage Services at the Fort Worth Convention Center RECOMMENDATION: It is recommended that the City Council authorize the City Manager to extend the contract between Tarrant County Concessions L.L. C., d/b/a Aramark Corporation and the City of Fort Worth, to provide exclusive concession and alcoholic beverage services at the Fort Worth Convention Center for a period of one year. DISCUSSION: In 1994, the Commissioners Court of Tarrant County, acting through its County Judge, entered into a contract with the Fine Host Corporation to provide food, beverage and related concessions at the Fort Worth/Tarrant County Convention Center. On June 22, 1994, Fine Host Corporation assigned its rights, title and interest in the Concession Contract, except Section 608 entitled; Investment in the center and Section 1102(3) entitled; Procedure for termination and repossession, to Tarrant County Concessions, L.L.C., a Texas limited liability corporation. On October 28, 1997, the City of Fort Worth purchased the Fort Worth/Tarrant County Convention Center from Tarrant County and assumed all rights and obligations under the existing contract. On November 26, 2002, the primary term of the contract was revised to three years, from July 1, 2000 through June 30, 2003. The extension provided an option for two one-year terms upon approval of City Council. On May 27, 2003, (M&C C-19601), the term was extended for a period of two years, from July 1, 2003 through June 30, 2005 by City Council. On July 27, 2004, (M&C G-14440); (City Secretary Contract No. 30886), the City Council authorized the Omni Hotels term sheet for the Fort Worth Convention Center Headquarters Hotel, which specified that Omni would contract with the City for the rights to provide exclusive concession and catering services to the Fort Worth Convention Center for a period of ten years following the opening of the Hotel subject to terms to be mutually agreed on by the parties. Once construction of the Omni Fort Worth Hotel has begun, a request will be submitted for additional extensions that will include exclusive catering services in addition to the exclusive concession and alcoholic beverage services in order to provide a transition period for exclusive catering. It is recommended that the current contract be extended for a period beginning on July 1, 2005 through June 30, 2006. Aramark Corporation will continue to pay the City 35.5 percent of gross sales (gross sales less sales tax) for Logname: 25FWCC-ARA1\4ARK Page 1 of 2 amount of sales up to $800,000. For gross sales (gross sales less sales tax) in the amount of $800,001 or more, the percentage is 38.5 percent. Aramark Corporation will pay a rate of 15% commission to the City on all catered services. The Fort Worth Convention Center is located in Council District 9. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the Public Events Director will be responsible for the collection of funds due to the City under this contract. TO Fund/Account/Centers FROM Fund/Account/Centers GG01 443373 0252000 $0.00 Submitted for City Manager's Office by; Joe Paniagua (6140) Originating_Department Head: Kirk Slaughter (2501) Additional Information Contact: Betty Tanner (2502) Logname: 25FWCC-ARAMARK Page 2 of 2