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HomeMy WebLinkAboutContract 36742-R2A2 CITYCTNO. �, �Aa FORTWORTH corR�►cT No. PUBLIC EVENTS DEPARTMENT/WILL ROGERS MEMORIAL CENTER 3401 WEST LANCASTER AVENUE, FORT WORTH, TEXAS 76107 SECOND RENEWAL AND AMENDMENT TO CITY SECRETARY CONTRACT NO. 36742 A LICENSE AGREEMENT WITH AMERICAN PAINT HORSE ASSOCIATION This SECOND RENEWAL AND AMENDMENT TO CITY SECRETARY CONTRACT NO. 36742 ("Second 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); WHEREAS, on June 10, 2015, the City and Licensee amended CSC No. 36742 to modify the event names, modify the dates and payment schedule for the APHA World Championship Show, amend the incentive program and memorialize the dates, facilities and fees for the 2015-2019 events, said agreement being CSC No. 36742-R1A1 (CSC Nos. 36742, 36742-B, 36742-R1A1 are collectively referred to herein as the"License Agreement"); WHEREAS, the License Agreement provides that, on January 1 of each year beginning in 2009, one additional year will be automatically added to the end of the initial five-year term, unless either party gives written notification of its intent to terminate; WHEREAS, the parties desire to memorialize the current automatic renewal term to ensure that both parties understand the current status of the License Agreement; WHEREAS, Licensee wishes to modify its schedule and available facilities for the 2018 and 2019 APHA World Championship Show; WHEREAS, the parties also desire to memorialize the specific dates, available facilities, and facility fees for Licensee's 2020-2022 Event; NOW, THEREFORE, City and Licensee for and in good and valuable consideration of the mutual covenants and agreements contained herein, do mutually covenant and agree that the Contract is hereby amended as follows: I. RENEWAL Licensee and City agree that the License Agreement has been automatically renewed and extended through December 31, 2022. OFFICIAL RECORD TO CITY SECRETARY v FT.WORTH,TX a � Second Renewal and Amendment of CSC 36742 1 of 10 II. AMENDMENTS 1. Addendum A, "FACILITIES", is hereby amended for the purpose of adding Cattle Barn 3 to the list of available facilities, amending the 2018 and 2019 Event dates and fees, and memorializing the facilities, rental dates, and rental fees for Licensees 2020-2022 Event and shall read as follows: "III. Facilities and Rental Dates for Years 2015—2022 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 i. 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 Barns 3, 4 and Show Arena i. Not available for the AjPHA Youth World Championship Show (unless released by the Appaloosa Horse Club) ii. Except as stated immediately above in 5(i), Cattle Barn 3 will be available beginning with the 2018 Event. 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 2015-2022 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 8:00 a.m. (a) Any livestock arriving on show grounds prior to 8:00 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 8:00 a.m. Second Renewal and Amendment of CSC 36742 2 of 10 (a) Any livestock arriving on show grounds prior to 8:00 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 i. 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 8:00 a.m. (a) Any livestock arriving on show grounds prior to 8:00 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. 4. 2018 i. June 20-22: 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 8: Show Dates iv. July 8: Move out must be completed by 12:00 a.m. 5. 2019 i. June 19-21: 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 7: Show Dates iv. July 7: Move out must be completed by 12:00 a.m. 6. 2020 i. June 17-19: 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 to7:00 a.m., June 20 will be considered early arrivals. iii. June 22—July 5: Show Dates iv. July 5: Move out must be completed by 12:00 a.m. 7. 2021 i. June 23-25: Staff move in to office areas, arenas, and commercial exhibit areas only at no charge ii. June 26-27: Move in and exercise beginning at 7:00 a.m. (a) Any livestock arriving on show grounds prior to 7:00 a.m., June 26 will be considered early arrivals. iii. June 28—July 11: Show Dates iv. July 11: Move out must be completed by 12:00 a.m. 8. 2022 i. June 22-24: 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 10: Show Dates iv. July 10: Move out must be completed by 12:00 a.m. Second Renewal and Amendment of CSC 36742 3 of 10 C. APHA World Championship Show-Years 2015-2022 1. 2015 i. November 2-3: Move in and exercise beginning at 8:00 a.m. (a) AnV livestock arriving on show grounds prior to 8:00 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 8:00 a.m. (a) Any livestock arriving on show grounds prior to 8:00 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 8:00 a.m. (a) Any livestock arriving on show grounds prior to 8:00 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. 4. 2018 i. September 12-14: Staff move in to office areas, arenas, and commercial exhibit areas only at no charge ii. September 15-16: Move in and exercise beginning at 7:00 a.m. (a) Any livestock arriving on show grounds prior to 7:00 a.m. September 15 will be considered early arrivals. iii. September 17-30: Show Dates iv. October 1: Move out must be completed by 12:00 p.m. 5. 2019 i. September 11-13: Staff move in to office areas, arenas, and commercial exhibit areas only at no charge ii. September 14-15: Move in and exercise beginning at 7:00 a.m. (a) Any livestock arriving on show grounds prior to 7:00 a.m., September 14 will be considered early arrivals. iii. September 16-29: Show Dates iv. September 30: Move out must be completed by 12:00 p.m. 6. 2020 i. September 16-18: Staff move in to office areas, arenas, and commercial exhibit areas only at no charge ii. September 19-20: Move in and exercise beginning at 7:00 a.m. (a) Any livestock arriving on show grounds prior to 7:00 a.m., September 19 will be considered early arrivals. iii. September 21-October 4: Show Dates iv. October 5: Move out must be completed by 12:00 p.m. Second Renewal and Amendment of CSC 36742 4 of 10 7. 2021 i. September 15-17: Staff move in to office areas, arenas, and commercial exhibit areas only at no charge ii. September 18-19: Move in and exercise beginning at 7:00 a.m. (a) Any livestock arriving on show grounds prior to 7:00 a.m., September 18 will be considered early arrivals. iii. September 20-October 3: Show Dates iv. October 4: Move out must be completed by 12:00 p.m. 8. 2022 i. September 14-16: Staff move in to office areas, arenas, and commercial exhibit areas only at no charge ii. 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. iii. September 19-October 2: Show Dates iv. October 3: Move out must be completed by 12:00 p.m. D. Event Dates Beyond 2022 1. Should the term of this License Agreement extend past 2022, 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 Licensee's 2015-2022 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 ii. $50 - Per stall used in years 2018 through and including 2022. 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 Second Renewal and Amendment of CSC 36742 5 of'10 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. 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. 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 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. 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. Second Renewal and Amendment of CSC 36742 6 of 10 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. 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 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 Second Renewal and Amendment of CSC 36742 7 of 10 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. 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 2022, 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." Second Renewal and Amendment of CSC 36742 8 of 10 3. Addendum A, "ADDITIONAL LEASE TERMS", Section 4. "COMMERCIAL EXHIBITOR/VENDOR SPACE", is hereby amended and shall read as follows: "4. COMMERCIAL EXHIBITOR/VENDOR SPACE I. Beginning with the 2018 Event, Licensee will be invoiced $50.00 per designated inside commercial exhibitor space and $125.00 per designated outside commercial exhibitor space for use by approved commercial exhibitors. This fee does not apply to commercial exhibitors located in a designated "exhibits hall/facility' licensed by Licensee for use by commercial exhibitors. City will not provide any tables or chairs for use by commercial exhibitors. Il. Licensee may not occupy or allow commercial exhibitors to occupy Amon G. Carter Jr. Exhibit Hall spaces referred to as an overhead door alcove. III. Any use of outside exhibit space must be agreed upon by Licensee and City no later than 120 days before 1 st contracted show date for each applicable Event." III. MISCELLANEOUS 1. All terms in this Second Renewal and Amendment that are capitalized but not defined shall have the meanings assigned to them in License Agreement. 2. All terms and conditions of the License Agreement that are not expressly amended pursuant to this Second Renewal and Amendment shall remain in full force and effect. To the extent that any terms of this Second Renewal and Amendment conflict with the terms of the License Agreement, the terms contained here shall govern. 3. This Second 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. ESS HE OF t e parties hereto have executed this Second Renewal and Amendment on this f 2018. CITY OF FORT WORTH AMERICAN PAINT HORSE ASSOCIATION By: - By: Su n Alanis CnAig Vrood Assistant City Manager President APPROVED AS TO FORM AND LEGALITY; OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Tyleir Wallach Assistant C4<Attorney Second Renewal and Amendment of CSC 36742 9 of 10 ATTEST: j ' OR7. kraryh<a4ser �-�.:• .�� City Secretary ; AGREEMENT AUTHORIZATION: No M&C required �XAS• Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Name: David Reeves Title: Senior Public Events Manager OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Second Renewal and Amendment of CSC 36742 10 of 10