HomeMy WebLinkAboutContract 35510 CITY 0ECRETARY 0
CONTRACT NO.
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 �5 day of
1-;L17�t , 2007, 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 an Agreement (the "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 the Fort Worth/Tarrant County
Convention Center from the County and all rights, terms and conditions of said Contract were
assigned to the City. 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 an Assignment of Rights Under Concession Contract with Concessionaire
and certain rights, terms and conditions of Fine Host Corporation under said Contract were assigned to
Concessionaire except those set forth in Section 608, Investment in the Center and Section 1102(3),
Procedure for Termination and Repossession; and
WHEREAS, the Contract between the City and Concessionaire provided for a six-year primary
term beginning July 1, 1994 and for one (1) five (5) year renewal option thereafter; and
J Yi JL.JU3 ..
WHEREAS, on November 26, 2000, the primary term of the contract was revised to three years
from July 1, 2002 through June 30, 2003; and
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); and
WHEREAS, on April 12, 2005 the term was extended for a period of one year from July 1, 2005
through June 30, 2006 (M&C C-20645); and
WHEREAS, on May 23, 2006, City Council authorized the extension of the contract with
Concessionaire for an additional term of one (1) year(M&C C-21463) with up to two one-year options
to renew; and
WHEREAS, on May 15, 2007, Concessionaire submitted its request to exercise the first one (1)
year option to renew the Contract under the same terms and conditions as the original contract.
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 (1) year, beginning July 1, 2007 and ending June 30, 2008. Upon mutual consent of
the parties, the contract may be extended for an additional one (1) year extension, but in
any event, any renewal or extended term of this contract will expire at the end of the
renewal term or six months after the opening of the Omni Fort Worth Hotel, whichever
occurs first.
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.
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EXECUTED on this, the day of J` , 2007.
TAR.RANT COUNTY CONCESSIONS, L.L.C. CITY OF FORT WORTH
a Texas limited liability Company,
d/b/a ARANIARK
By: ' �� By:
Lance Hamiltonecutive Manager Joe
oo
Assi tan ity Manager
WITNESS: Ot�rewtu�
ATTEST:
ehohA
City Secret y
APPROVED AS TO FORM
AND LEGALITY:
Assistant -ty Attorney
M&C C-21463; Approved 5/23/06
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the u} ersigned ajqthority, a Notary Public in and for the State of Texas, on this
day personally appeared r , Assistant City Manager, known to me to be the person
whose name is subscribed t he foregoing Istrument, 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.
G EN UNDER MY HAND AND SEAL OF OFFICE, this day of
2007.
MARIA S. SANCHEZ of Public in and for the State of T xas
* NOTARY PUBLIC �7
STATE OF TEXAS
N9. �Py My Comm.Ex
F°F P 12-14-2009
3 "�
i
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 Lance Hamilton, Executive Manager known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the Tarrant
County Concessions, L.L.C., d/b/a 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 ARAMARK as evident by his/her signature, for the purposes and consideration
therein expressed and in the capacity herein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFI ,this day of ,
2007.
otary Publib in and for the State of Texas
tiii+YPY ,; GLENDAS.WARD I
*= MY COMMISSION EXPIRES
=; y March 13,2010
V
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/23/2006
. m .. ,
DATE: Tuesday, May 23, 2006
LOG NAME: 25FWCC-ARAMARK REFERENCE NO.: **C-21463
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
with two one-year extensions to expire six months after the opening of the Omni Fort Worth Hotel.
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 April 12, 2005, (M&C C-20645) (City Secretary 31874) the term was extended for an additional period of
one year from July 1, 2005 through June 30, 2006 by City Council.
It is recommended that the current contract be extended for an additional term of one year with up to three
one-year extensions to begin on July 1, 2006 and to expire no later than six months after the opening of the
Omni Fort Worth Hotel at which time Omni Hotels Management Corporation will provide exclusive food,
beverage and alcoholic beverage services at the Fort Worth Convention Center.
Under the provisions of the contract, Aramark Corporation will continue to pay the City 35.5 percent of gross
sales (gross sales less sales tax) for 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 the prevailing rate of the catering commission to the City on all catered
http://www.cf\vnet.org/council_packet/Reports/mc_print.asp 7/12/2007
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services, currently fifteen percent (15%).
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 bv: Joe Paniagua (6140)
Originating Department Head: Kirk Slaughter (2501)
Additional Information Contact: Betty Tanner (2502)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 7/12/2007