Loading...
HomeMy WebLinkAboutContract 33691 CITY SECRETARY '�� 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 palll—k day of June,2006, 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 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 3 0,2005 (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 until June 30,2007(M&C C-21463). 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, 2006 and ending June 30, 2007. Upon mutual consent of the parties, the contract may be extended for two one (1) year extensions, 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. CIT �6)RolG���.'li"4", 2 7 . ;+�`�U i U 11 li l 0. EXECUTED on this,the IV) -day of June , 2006. TARRANT COUNTY CONCESSIONS,L.L.C. CITY OF FORT WORTH a Texas limited liability Company, d/b/a ARAM RK By: By: Lance H n,Executive Manager vsis�t t Ci anager WITNESS: ATTEST: City Secret Y� APPROVED AS TO FORM Contract Aut or ization�^ AND LEGALITY: tCA' Assistant'City Attorney STATE OF TEXAS COUNTY OF TARRANT BEFORE ME the un*rsigged authority, a Notary Public in and for the State of Texas, on this day personally appeared �, Assistant City Manager, known to me to be the person whose name is subscribed to a foregoing i trument, 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 � day of 2006. " "' o Public in and for the State of exas MARIA S. SANCHEZ s y NOTARY PUBLIC STATE OF TEXAS My Comm,EXP,12-14-2009 3 rr,an Fal" U 0' Fi 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 Tarrant County Concessions, L.L.C., and that he executed the same as the act of the said Tarrant County Concessions, L.L.C., for the purposes and consideration therein expressed and in the capacity herein stated. GIVEN UNDER MY HAND AND SEAL OF OFFI ,this day of June, 2006. SEMI TANNER 14otary-VubirAnd for the State of Texas M`COMMISSION EXPIRES N �81CI131,201U 4 •- Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/23/2006 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.cfwnet.org/council_packet/Reports/mc_print.asp 10/25/2006 Page 2 of 2 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 by: 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 10/25/2006