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Home My WebLink AboutContract 50946 CIN SECRETARY CONTRACT NO._ L CP In-N-Out Burger Cookout Agreement Cookout Department - -" 13502 Hamburger Lane Baldwin Park,CA 91706 (626)813-8295 Event Information: Event ID:E27830 Event Date: Fri, 7/13/2018 City Client: of Fort Worth Time: 11:45 am-1:15 Service Time: pm 1.5 Hrs Number of Meals: 500 Order: Number of Trucks:i-500(this truck/each truck) Description:500-Hamburgers,Cheeseburgers,Chips and Drinks Event Address: Contact Information: Bob Bolen Public Safety Complex Veronica Villegas 500 W. Felix Street Phone:(817)392-6178 Fort Worth,TX 76115 Mobile:( ) - Fax:( ) - Event Name:City of Fort Worth Email: veronica.villegas@fortworthtexas.gov "Diversity Matters Initiative" Customer Details: Key Dates: Billing Contact: Veronica Villegas Signed Contract Due: 7/3/2018 Billing Phone: (817)392-6178 Billing Address: 1000 Throckmorton Street Fort Worth,TX 76102 We hope that this Cookout Agreement and Terms and Conditions will serve to acquaint you with the In-N-Out Mobile Unit service and that you and your group will be pleased with the service that In-N- Out brings to you. I have read the above Event Information,and agree to the"Terms and Conditions"and any attachment or addendum and agree to all provisions therein. PM y 2 00 � s _0 s sFc94soTyo I YV Wa OFFICIAL RECORD Y CITY SECRETARY IST.WORTH,TX R TERMS AND CONDITIONS (1) SITE SELECTION:In-N-Out Burger reserves the right to pre-approve the location of any event at which In-N-Out Burger Truck may appear and shall have the right,upon request,to inspect the site in advance. The In-N-Out Burger Truck requires a solid and level surface for parking. In-N-Out Burger reserves the right to relocate the truck if it deems the parking area,or any portion thereof,to be unacceptable.Our Cookout Trailers require 70 feet of parking space,with 14 feet overhead clearance and a width of at least 11 feet.Please be aware that some areas may be inaccessible due to narrow or steep roads or driveways and low overhanging trees. (1) COSTS: in-N-Out Burger agrees to provide you a cookout at no charge serving approximately 500 meals and a service time of 1.5 hours. Please contact your cookout coordinator if additional meals need to be requested. All meals must be served during the requested service hours and while supplies last. 3. PROMOTIONAL MATERIALS:The In-N-Out Burger name,logo,trademark and graphics may only be used on printed materials relating to your event and may not be included in any form of electronic advertising, including,without limitation,radio,television,etc. All printed materials(including,without limitation, posters,tickets or other promotional materials)using the In-N-Out Burger name,logo,trademarks or graphics("Names and Marks")must be approved by the In-N-Out Burger Marketing Department in advance of production of such materials.Please e-mail your design to whill@lnnout.com for review and typically 24-hour turn-around and approvals. In-N-Out Burger reserves all rights,title and interest in and to its Names and Marks;you hereby acknowledge and agree that by this Agreement In-N-Out Burger is not granting to you any license of any kind to use the Names and Marks. 4. FOOD HANDLING AND SERVICE:You expressly understand and agree that only In-N-Out associates shall cook the burgers at the event. In addition,you expressly agree that no personnel, other than In-N-Out associates,shall serve burgers to guests at the event. S. CHANGES IN TERMS OF AGREEMENT:Trailers do not carry extra product.We will only come prepared to serve what you have ordered above and must all be served within the scheduled time.if you desire to change the time,location or menu of your event as originally agreed to in this contract,you must inform In-N-Out Burger of such a change no later than seven(7)days prior to the scheduled date of the event. Please note that In-N-Out Burger may be unable to make any change in the event if this advance notice is not provided. 6. INSURANCE AND INDEMNIFICATION REQUIREMENTS: Customer acknowledges and warrants that it has adequate liability insurance in place for the property where the cookout is to be held. Upon in-N-Out's request,Customer shall provide In-N-Out with a Certificate of Insurance,or a copy of the homeowners' insurance policy indicating that adequate liability insurance is in place for the property where the cookout is to be held. A) Except to the extent such actions or claims arise out of the negligence of In-N-Out,its products,vehicles, associates(employees),owners,officers,directors and agents,to the extent allowed by Texas law, customer shall indemnify,defend and hold harmless in-N-Out,its affiliates,related business entities, successors and assigns,associates(employees),owners,shareholders,officers,directors and agents,and each of them,against any and ail actions or claims of the customer and the customer's guests,invitees and representatives and against any and all actions or claims which in any way relate to or arise out of the intentional or negligent acts or omissions of the customer. B) Except through its own gross negligence,bad faith,or intentional misconduct,In-N-Out does not assume liability for any damages or loss whatsoever to the extent allowed by Texas law.Customer agrees that In-N-Out and its employees shall not be liable to the Customer for any claims,liabilities,or expenses relating to this cookout for an aggregate amount in excess of the fees paid by the Customer pursuant to this engagement,except to the extent finally judicially determined to have resulted primarily from the gross negligence,bad faith,or intentional misconduct of in-N-Out. 7. LIMITATION OF LIABILITY:In no event shall In-N-Out Burger or any of its owners,officers,directors, employees,contractors or suppliers be liable to you for any punitive,special,exemplary,incidental, consequential or other indirect loss or damage(including,but not limited to,loss of profits,loss of revenue, loss of opportunity and loss of use)that may arise out of or in connection with this Agreement,including,but not limited to,damages or costs resulting from In-N-Out Burger's failure to provide the service regardless of whether such damages could have been foreseen,prevented or had been advised of. Under no circumstance will the collective liability of in-N-out Burger and its owners,officers,directors,employees, contractors or suppliers,for any damages incurred,ever exceed the amount paid or payable by you to In-N-Out Burger under this Agreement regardless of the form of action,whether based on contract,tort, negligence,strict liability,products liability or otherwise. 8. RIGHT TO RESCIND: In-N-Out Burger reserves the right,at anytime,to unilaterally rescind this Agreement and/or to deny service to you,even after your event has commenced,if your event is not conducted(or any person related to the event does not conduct themselves)in a manner consistent with applicable law and the policies,practices or image of In-N-Out Burger. 4. GOVERNING LAW AND VENUE:The laws of the State of Texas shall govern this Agreement. 10. FORCE MAIEURE:The parties to this Agreement will be excused from the performance of this Agreement In whole or in part if the performance by in-N-Out Burger or Customer of any of its material obligations under this Agreement is prevented by operation of law or any cause beyond the reasonable control of such party, including without limitation fire,flood,disruption of transportation(but not the failure of a party to reasonably anticipate possible transportation delays),earthquake,public disaster,strike,labor dispute or unrest,accident,breakdown of electrical or other equipment,riot,war,insurrection,civil unrest,Act of God, any act of any legal or governmental authority(all of which causes are referred to as"events of force majeure"). If the event is cancelled or curtailed because of the occurrence of any of the foregoing events of force majeure,In-N-Out Burger shall remit the full portion of the deposit,less any out-of-pocket costs incurred by in-N-Out Burger in connection with the cancelled or curtailed event. 11. MISCELLANEOUS: This Agreement constitutes the entire agreement between the parties and supersedes any and all prior offers,negotiations and agreements. Only a written agreement executed by the parties shall modify or amend this Agreement. If any provision of this Agreement is declared invalid,the remaining provisions shall remain in full force and effect. The section and paragraph headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or Interpretation of this Agreement. In-N-Out Burger Contract Compliance Manager: By signing,I acknowledge that I am the _ person responsible for the monitoring and Name: sy AVIA GDW go-j! administration of this contract,including Title: Cook OLA-'I*' C.a 1 rC11 nAA>-j" ensuring all performance and reporting Date: 1-2 —) a requirements. City of Fort Wo h By: &NA S0. ll(1/L . Nam : Angela Rush f&l ,r Title: Human Relati ns Ad inistrator d� Date: July 3,2018 Fernando Costa Dat Assistant City Manager Approved as to Form and Legality: Christopher A.Troutt Date Senior Assistant City Attorney OF Fon A ES :o Kayser ate :'•x1J City Secretary OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX