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HomeMy WebLinkAboutContract 39853-A2R1 FORT 11VORT If tAh Y g SECRETARY � PUBLIC EVENTS DEPARTMENT l WILL ROGERS MEMORIAL CENTER 3401 WEST LANCASTER AVENUE, FORT WORTFI, TEXAS 76107 FIRST RENEWAL AND SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO. 39853 A LICENSE AGREEMENT WITH AMERICAN MINIATURE HORSE ASSOCIATION This FIRST RENEWAL AND SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO. 39853, as previously addended and amended, ("First Renewal and Second Arnendrrtent") is made and entered into by and between The City of Fort Worth "City"), a horrie-rule municipal corporation, acting herein through its duly authorized Assistant City Manager, and The An-ierican Miniature Horse Association, Inc. ("Licensee"), a Texas non-profit corporation, acting herein by and through its Executive Director. WHEREAS, on March 1, 2010, City and Licensee entered into City Secretary Contract No. 39853 for the purpose holding the AMHA World Championship Show ("Event") at certain facilities in the Will Rogers Memorial Center, the same being City Secretary Cortrac;: (''CSC") Number 39853; WHEREAS, on March 25, 2011, the parties executed an addendum to CSC; No. 39853 setting fortis the dates and facilities for the 2012 Event and adding the Equestrian Complex Stalls to the rental rate schedule, the same being CSC No. 39853-13; WHEREAS, March 14, 2012, the parties executed an amendment, removing the Burnett Building from the available list of facilities and adding the Equestrian Mult%-purpose Building to the list of facilities for the remaining term of the agreement, the same being CSC No. 39853-A1 (CSC Nos. 39853, 39853-B, and 39853-A1 are collectively referred to as the "Agreement") WHEREAS, CSC No. 39853 includes ar, initial term covering the 2011 through 2013 Event dates with options to renew through the 2016 Event; WHEREAS, the parties desire to renew this Agreement through the 2016 Event and memorialize the renewal terms to ensure that both parties understand the current status of the Agreement, including the specific show dates, available facilities, facility fees, and payment schedule for the 2015 and 2016 Events; NOW, THEREFORE, City and Licensee, fo and in good and valuable consideration of the nri.jtual covenants and agreements contained herein, do mutually covenant and agree that the Agreement is hereby amended as follows: I. RENEWAL Licensee and City agree that the Agreement has been renewed and extended through December 31, 2016. IL AMENDMENTS 1. Addendum A, "FACILITIES", is hereby arnc-nded for the purpose of adding and memorializing the facilities and rental dates for Licensee's 2015 and 2016 Events and shall read as follows: °4. Facilities and Rental Dates for Event Years 2015 and 2016 First Renewal and Second Amendment of C'SC 39853 I or,(,) A. City agrees to license and provide to Licensee the following facilities at the Will Rogers Memorial Center (colle--tively, "Facilities" or "Facility") as needed and available for the Event on the contracted dates listed in Section 4.8. 1. Richardson-Bass Building i. Includes Jchr .Justin Arena, James L. and Eunice West Arena, Browr-Lupton Exhibits Areas, Coburn Room, all stalls, all available meeting rooms and office areas. 2. Charlie and Kit Moncrief Building i. Charlie & Kit Moncrief Building Stall Area, including exercise area (except on dates when the W.R. Watt Arer:a is booked by another client) and all portable stalls in the stall area. 3. Livestock Barns 'i, 2, 3, 4 and Show Arena 4. Equestrian Multi-Purpose Buildincl_ i. Includes all stalls and exercise arenas 5. The Pavilion with 125' x 2-50' arena B. Event -Years 2015 and 2013 1. 2015 i. September 21: Staff move in to office areas, arenas, and commercial exhibit areas only at no charge ii. September 22-23: Move in and exercise beginning at 8:00 a.m. (a) Any livestock arriving_on show rg ounds prior to 8:00 a.rn.September 22 will be considered early arrivals. iii. September 24 —October 3: Show Dates iv. October 4: Move out must be completed by 5:00 p.rl. 2. 2016 i. September 19: Staff move in to office areas, arenas, and commercial exhibit areas only at no charge ii. September 20-21: Move in and exercise beginning at 8:00 a.m. (a) Any livestock arriving on show rq ounds prior to 8:00 a.m., September 20 will be considered early arrivals. iii. September 22—October 1: Show Dates iv. October 2: Move out must be completed by 5:G0 p.m. 2: Addendum A, "RENTAL RATE SCHEDULE', is hereby emended for the purpose of adding a new subsection 4 to memorialize the rental rate schedule for the use of the Facilities during Licensee's 2015 and 2016 Events, plus the use of any additional City facilities not set forth in Addendum A, Section 4.A above and shall read as follows: "4. In consideration for the rights and privileges granted to Licensee under this Agreement for the use of the Faci`ities, Licensee agrees to pay the rates set forth below pursuant to the terms thereof and the Agreement. If Licensee wishes to use any additional facilities not set forth in Exhibit A, "f=acilities", Section 4.A., the Licensee shall pay the rates listed below. First Renewal and Second Amendment ofCSC'39553 2 orb a. John Justin Arena i. $275 (2015,/528.7 (2016) - Per Move In or Move Out Day ii. $550 (2015)/$575 (2016) - Per Exercise Day (12 hours climate controlled) iii. $1,100 (2015)/$1,150 (2016) - Per Show Day (All show hours climate controlled) b. James L. & Eunice \,Nest Arena i. $165 (2015,/5172.50 (2016) - Per Move In or Move Out Day ii. $660 (2015)/$690 (2016) - Per Show or Sale Day (All show/sale hours climate controlled) iii. Licensee may use this Facility to measure horses during the Event with no facility rental fee. Any labor charges to "make ready" will be invoiced to Licensee. A Facility rental fee may be assessed for any usage other than measuring. C. Brown-Lupton Exhibits North or South Areas i. $110 (2015)/$115 (2016) - Per Move In or Move Out Day ii. $330 (2015)/$345 (2016) - Per Show Day (All show hours climate controlled) d. Coburn Room and all office area i. No charge during all contracted dates e. Richardson-Bass Building Stalls i. $49.50— per stall used in year 2015 ii. $50.00— per stall used in year 2016 iii. There will be a $15.00 per stall per day early move-in fee charged for each stall occupied prior to 8:00 a.m. on the first move-in clay in each respective year contracted. f. Richardson-Bass Cattle Pens i. $165 (2015)/$172.50 (2016) - Per Move In or Move Out Day ii. $385 (2015)/$4C2.50 (2016) - Per Show Day g. Charlie & Kit Moncriei Building Stall Area i. No rental fee h. Moncrief Portable Stall's i. $49.50— per stall used in year 2015 ii. $50.00— per stall used in year 2016 iii. There will be a $15.00 per stall per day early move-in fee charged for each stall occupied prior to 8:00 a.m. on the first move-in day in each respective year contracted. W. R. Watt Arena i. $275 (2015)/5287 (2016) - Per Move In or Move Out Day ii. $550 (2015)i$575 (2016) - Per Exercise Day (12 hours climate controlled) iii. $1,100 (2015)/$1,150 (2016) - Per Show Day (All show hours climate controlled) i. Equestrian Multi-Purpose Building Exercise Arenas i. $500 - Per Exercise Day ii. $1,000 - Per Exercise Day (if fewer than 800 city-owned stalls are rented) First Renewal and Second Amendment ol'CSC 398 3 3 ol'6 j. Equestrian Multi-Purpose Building Stalls i. $49.50—per stall used in year 2015 ii. $50.00—per stall used in year 2016 iii. There will tie a $15.00 per day fee charged per stall occupied prier to 8:00 a.m. on the first move-in day or after midnight on the move-out day in each year contracted. k. McFarland, French Rooms and office areas i. No fee is Used for Licensee sponsored functions, i.e., meetings, meal functions, and the like. ii. $55— Per move in or move out day (No heat or air) iii. $165—per show day (all show hours are climate controlled) L Cattle Barns 2, 3, arid 4 Stalls i. $49.50—per stall used in year 2015 ii. $50.00— per stall used in year 2016 iii. There will tie a $15.00 per day fee charged per stall occupied prior to 8:00 a.m. on the first move-in day or after midnight on the move-out day in each year contracted. M. Show Arena i. $110 (2015)/$115 (2016) - Per Move In or Move Out Day ii. $330 (2015)/S345 (2016) - Per Show Day n. 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 - i"er Show Day o. Round Up Inn i. $330 (2015)/5345 (2016) -- Per move in and move cut day ii. $715 (2015)/:'1747.50 (2016)— Per show day (meal function) iii. $935 (2015)x$977.50 (2016) — Per show day (non-meal function) P. South Texas i. $440 (2015)/$460 (2016) — Per show day (one-half of room $220 per shove day) q. 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. First Renewal and Second Amendment of-C'SC 398` 4 orb r. 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 confin7tation 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 part^es. S. 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. t. All events must end by midnight unless otherwise stated on the License Agreement and insurance certificate. City will invoice the Licensee at a rare of $200.00 per hour for any additional hour (or portion thereof) in v✓hich Licensee occupies space rented for show and/or Event activities between the hours of 12:00 midnight and 7:00 a.M. :3. Addendum A, "PAYMENT SCHEDULE", is hereby amended for the purpose of adding subsection 3 to address payments for Event years 2014-2016 and shall read as follows: "3. YEARS 2014 THROUGH 20'16 a. Licensee shall pay a $5,000.00 partial facility rental payment by no later than February 1st of each contracted year. b. Licensee shall pay an additionai $5,000.00 partial facility rental payment by no later than September 1st of each contracted year. C. Licensee shall pay, in full, any remaining balance owed within thitty (30) days after receipt of final charges invoice following the conclusion of each applicable Event." Ill. MISCELLANEOUS 'I. All terms in this First Renewal and Second Amendment that are capitalized but not defined shall have the meanings assigned to them in this Agreement. 2. All terms and conditions of the Agreement that are not expressly amended pursuant to this First Renewal and Second Amendment shall remain in full force and effect. To the extent that any terms of this First Renewal and Second Amendment conflict with the terms of the Agreement, the terms contained herein shall govern. 3. This First Renewal and Second 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. First Renewal and Second Amendment ol'CSC 39853 5 ol'6 IN WITNESS �YVHEREO-F, the part•e's' �ierol e,,-) lav executed this First Rene peal and Second Arnendmentonthl—U. 'day of 20.15 THE CITY OF FOR WORTH -NNE AMI::RICAN MINIATURE HORSE ASSOCIATION, IMC. By: y us1� Alanis S, lutclict af- 3�nt City Manager APPROVED AS TO FORM AND LEGAU'n': Tyler Walla rr'0 ATTEST' I-VA 8— MKry 6yse City Secretary -10K k'2 Qlz AGREEMENT AUTHORIZATION: No M&C required OFFICIAL, EC01M Fusl Relloul 0C I T, 19i' (3)KI'llp Ill