HomeMy WebLinkAboutContract 52438 CITY SECRETARY
CONTRACT O. 50l 3$
RESTAURANT AND CATERING SERVICES AGREEMENT
FOR THE FORT WORTH BOTANIC GARDEN
BETWEEN THE CITY OF FORT WORTH
AND KELCHER ENTERTAINMENT GROUP,LLC
This RESTAURANT AND CATERING SERVICES AGREEMENT FOR THE
FORT WORTH BOTANIC GARDEN ("Agreement") is made and entered into by and between
the CITY OF FORT WORTH ("City"), a home-rule municipal corporation organized under the
laws of the State of Texas, acting by and through its duly authorized Assistant City Manager, and
KELCHER ENTERTAINMENT GROUP, LLC ("Vendor"), a Texas limited liability company,
acting by and through its duly authorized representative.
RECITALS
WHEREAS, City owns and operates the Fort Worth Botanic Garden located at 3220
Botanic Garden Blvd., Fort Worth, Texas, 76107 ("Botanic Garden"); and
WHEREAS, within the Fort Worth Botanic Garden is a restaurant located inside the Rock
Springs Building located at 3220 Rock Springs Road, Fort Worth, Texas, 76107 ("Restaurant");
and
WHEREAS, City desires to contract with a qualified company to operate the Restaurant
and provide catering services in the Botanic Garden; and
WHEREAS, Vendor was selected as the winning bidder through RFP No. 18-0389 to
operate the Restaurant and provide catering services;
NOW, THEREFORE, in consideration of the mutual covenants, promises and
obligations contained herein, the parties agree as follows:
1. SCOPE.
1.1 Vendor agrees to operate the Restaurant and provide catering services at the Botanic
Garden in accordance with the terms and conditions of this Agreement ("Services"). The City's
Request for Proposal ("RFP") No. 18-0389 and Vendor's response to the RFP are incorporated by
reference into this Agreement as if fully set out herein. If any of the terms and conditions of this
Agreement conflict with RFP No. 18-0389 or Vendor's response to the RFP, the terms and
conditions of this Agreement shall control.
1.2 City grants to Vendor an exclusive right to use the Restaurant and the middle room
of the Storage Triplex ("Leased Premises")to perform the Services. The Leased Premises are more
specifically identified in Exhibit "A" which is attached hereto and incorporated herein for all
purposes.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TIC
1.3 City further grants to Vendor a non-exclusive right to use the Boardroom within the
Rock Springs Building, which is more specifically identified in Exhibit "A" which is attached
hereto and incorporated herein for all purposes. Vendor must reserve use of the Board Room by
contacting City staff at the Botanic Garden in advance.
1.4 VENDOR HAS INSPECTED THE LEASED PREMISES AND ACCEPTS THE
LEASED PREMISES BASED ON THAT INSPECTION. THE LEASED PREMISES ARE
DELIVERED TO VENDOR AND ARE BEING LEASED "AS IS"AND"WITH ALL FAULTS."
CITY MAKES NO WARRANTY, EXPRESS, IMPLIED, OR ARISING BY OPERATION OF
LAW, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, CITY HEREBY
DISCLAIMS, AND VENDOR WAIVES THE BENEFIT OF, ANY AND ALL IMPLIED
WARRANTIES, INCLUDING IMPLIED WARRANTIES OF FITNESS OR SUITABILITY FOR
PURPOSE, OR THAT THE LEASED PREMISES HAVE BEEN CONSTRUCTED IN A GOOD
AND WORKMANLIKE MANNER.
2. TERM OF AGREEMENT.
The Term of this Agreement shall be for a period of three (3) years beginning on May 22,
2019 and expiring on May 22, 2022. This Agreement may be renewed for two (2) additional one-
year periods upon mutual written consent of the parties.
3. CONSIDERATION.
Vendor shall pay to City the following amounts during the Term of the Agreement
("Payments"),not including a percentage of TABC or sales tax:
30%of all catered alcohol sales;
20%of all catered food sales; and
10%of all other gross revenue.
By the tenth business day of each month, Vendor shall provide the City with: (1) monthly
sales reports by category with point of sale supporting documentation for all sales occurring during
the previous month; and (2) payment for the amount due to the City. If there is a dispute of the
amount owed to the City, Vendor shall pay to the City the undisputed amount and City and Vendor
shall review the records and reach an agreement on any additional amounts owed to the City which
Vendor shall immediately pay.
Vendor must provide City with copies of all alcohol and sales tax reports Vendor is required
to file with the Texas Alcoholic Beverage Commission and the Texas Comptroller of Public
Accounts. The reports must be delivered to the City within five days of filing the report with the
Texas Alcoholic Beverage Commission or the Texas Comptroller of Public Accounts.
Vendor may deduct from the Payments owed to the City the City's portion of the cost of the
Initial Discretionary Improvements (defined below), that have been completed by Vendor as further
outlined in this Agreement. Vendor's deduction for the City's share of the Initial Discretionary
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FOR THE FORT WORTH BOTANIC GARDEN
Improvements must be accompanied by a copy of the invoices and proof of payment by Vendor of
the invoices.
Payments shall be made at the Botanic Garden or at such other place the City of Fort Worth
may hereinafter notify Vendor, and shall be made in legal tender of the United States.
4. VENDOR'S DUTIES AND RESPONSIBILITIES.
4.1 Vendor shall provide a turnkey food operation for guests of the Fort Worth Botanic
Garden by operating a ninety (90) seat restaurant with the ability to cater events inside and outside
of the Fort Worth Botanic Garden. Vendor affirmatively covenants and agrees to provide the
herein-specified operations in a highly professional manner as determined by City, and agrees that
Vendor's failure to do so shall constitute a breach of and default under this Agreement. Vendor
understands that Vendor's right to cater events in the Botanic Garden is non-exclusive and City
may allow other persons to cater events at the Botanic Garden. City will provide Vendor with the
first right of refusal for all requests for on-site catering events that the City receives. Vendor shall
have the exclusive right to sell alcohol within the Botanic Garden.
4.2 Vendor shall provide tables, chairs, linens, china, pots, pans, cutlery, serving trays,
drinkware, and any additional items needed to operate a ninety (90) seat restaurant and provide
onsite and off-site event catering.
4.3 Vendor shall operate and maintain a point of sale system to track all revenues from
the Restaurant and catered events. Vendor shall use its best judgment, efforts and abilities to
produce the maximum profit and volume of sales and to enhance the reputation and attractiveness
of the Restaurant.
4.4 Vendor shall offer a creative menu that reaches a diverse audience. Vendor shall
provide alcoholic beverage service, limited to beer and wine, continuously during all hours of food
service except as prohibited by state or local law. Vendor shall maintain an adequate supply of
food, beverages, condiments and supplies in order to fully serve the demands and requirements of
customers of the Restaurant.
4.5 Vendor shall provide all necessary staff to run and operate the Restaurant and be
open for business a minimum of Tuesdays through Sundays from 11:00 a.m. to 3:00 p.m., including
holidays, except for Thanksgiving Day, Christmas Day, and New Year's Day. If the Botanic
Garden is closed due to weather, then the Restaurant may be closed by Vendor until the Botanic
Garden reopens.
4.6 Vendor shall obtain and maintain all necessary permits and licenses to operate the
Restaurant and provide catering services, including but not limited to, a Texas Alcoholic Beverage
Commission liquor license, a City of Fort Worth food permit license, and special event liquor
permits.
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FOR THE FORT WORTH BOTANIC GARDEN
4.7 Vendor shall provide grease trap disposal, trash removal, telephone and internet at
Vendor's expense.
4.8 Vendor shall provide City with a quarterly written report which shall include
summaries of monthly restaurant food and beverage sales, outside catering sales, inside catering
sales, an overview of staff, and a list of facility and equipment repair needs.
4.9 Vendor shall, by the 10th business day of each month, provide City with a monthly
sales report by category with point of sale supporting documentation.
4.10 Vendor shall, within seven (7) calendar days of each inspection, provide City with a
copy of each Health Department report or score with any and all noted deficiencies.
4.11 Vendor shall pay all operating costs of the Restaurant, including without limitation,
all employee payroll expenses, payroll taxes, social security payments, cost of goods, sales tax,
license and permit fees, garbage and trash removal cost, utility costs (except as otherwise provided
by this Agreement), insurance premiums, and taxes.
4.12 Vendor shall not paint or place any signs, lights, advertising or awnings in the
Botanic Garden or on the Leased Premises without prior written consent of the Director of the Park
& Recreation Department or his or her designee ("Director").
5. CITY'S DUTIES AND RESPONSIBILITIES.
5.1 City shall provide and pay for all gas,water, pest control and electricity.
5.2 City shall provide all heavy kitchen cooking equipment, food preparation tables,
freezers, refrigerators and food storage locations.
5.3 City shall provide Vendor with the first right of refusal for all requests for onsite
catering events that City receives.
5.4 City shall allow Vendor to conduct off-site catering to the extent that such activity
does not interfere with operation of the Restaurant.
6. CONSTRUCTION AND IMPROVEMENTS.
6.1. Discretionary Improvements.
Vendor may, at its sole discretion and subject to the terms herein, perform modifications,
renovations, improvements and other construction work on the Leased Premises. Any
modifications, renovations, improvements or other construction work on the Leased Premises shall
be referred to hereafter as"Discretionary Improvements," and shall be performed by an independent
contractor engaged by and paid exclusively by Vendor ("Vendor's Contractor"). Vendor may not
initiate any Discretionary Improvement on or to the Leased Premises unless Vendor first submits all
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plans, specifications and estimates for the costs of the proposed work in writing and also requests
and receives in writing approval from the Director.
Upon start of construction of any Discretionary Improvement on or to the Leased Premises
by Vendor pursuant to plans approved by City, Vendor shall substantially complete the
Discretionary Improvements in accordance with the plan specifications within the Term. For the
purposes of this Section, "start of construction" shall mean the date stated in a Notice to Proceed (or
other similar document) issued by Vendor to its Contractor, and "substantial completion" shall
mean that point in time when the Discretionary Improvements are completed to such extent as the
City of Fort Worth could issue a Certificate of Occupancy or final inspection and a final punch-list
is developed by Vendor and its Contractor. Vendor covenants and agrees that it shall fully comply
with all provisions of this section in the performance of any such Discretionary Improvements.
Upon completion of any such Discretionary Improvements or earlier termination of this Agreement,
City shall take full title to any Discretionary Improvements on the Leased Premises.
Any of City's property that is damaged during the course of constructing the
Discretionary Improvements shall be repaired and returned to its previous condition or better, at
Vendor's sole cost and expense. Such repairs shall be performed prior to Vendor's Contractor
demobilizing from the Leased Premises.
Vendor agrees that no improvement to the Leased Premises will be designed or
constructed in such a manner that it causes an adverse impact to the usability of City's adjacent
property, which is parkland.
Vendor and City have agreed that Vendor may make the initial Discretionary
Improvements described in Exhibit `B" which is attached hereto and incorporated herein ("Initial
Discretionary Improvements"). Vendor may deduct from Payments owed to the City pursuant to
this Agreement, an amount equal to fifty percent (50%) of the cost of the Initial Discretionary
Improvements. Such amount may be deducted from Payments due to the City only after an
Initial Discretionary Improvement has been completed. The total amount Vendor may deduct
from Payments due to the City for the Initial Discretionary Improvements, shall not exceed thirty
thousand dollars ($30,000.00).
6.2. Process for Approval of Plans.
Vendor's plans for construction and improvements shall conform to the architectural
standards established by City and must also receive written approval from the Director, and any
other City departments as shall be required under ordinance or City policy. All plans, specifications
and work shall conform to all federal, state and local laws, ordinances, rules and regulations in
force at the time that the plans are presented for review. The City of Fort Worth shall inspect all
work pursuant to its construction inspection procedures.
6.3. Documents.
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Vendor shall supply the Director with comprehensive sets of documentation relative to any
Discretionary Improvements, including, at a minimum, as-built drawings of each project. As-built
drawings shall be new drawings or redline changes to drawings previously provided to the Director.
Vendor shall supply the textual documentation in computer format as requested by City.
6.4 Indemnification.
VENDOR AGREES TO DEFEND AND INDEMNIFY CITY FROM ANY CLAIM
ASSERTED BY LIEN CLAIMANTS ON THE LEASED PREMISES AND ANY CLAIM BY
CONTRACTORS, SUBCONTRACTORS OR MATERIAL SUPPLIERS ARISING OUT OF
THE PERFORMANCE OF CONSTRUCTION OF DISCRETIONARYIMPROVEMENTS BY
VENDOR'S CONTRACTOR ON THE LEASED PREMISES.
6.5 Insurance for Discretionary Improvements.
Vendor shall require Vendor's Contractor(s) for Discretionary Improvements to procure,
and maintain at all times during the Term, in full force and effect, the following policies of
insurance: (i) statutory worker's compensation insurance for all of Contractor's employees and all
workmen on the Leased Premises performing construction of Discretionary Improvements, (ii)
commercial general liability insurance, (iii) business automobile insurance, and (iv) builder's risk
insurance. The commercial general liability insurance policy and the automobile liability insurance
policy shall be primary to all other insurance maintained by Vendor or City and shall be non-
contributory; shall contain an endorsement listing the City and Vendor as additional insured
(endorsement CG 20 10 10 01 and CG 20 37 10 01) such that coverage is provided to the additional
insured parties for completed operations; and shall be written for not less than the limits of liability
as follows:
(i) Commercial General Liability:
$2,000,000 each occurrence;
$3,000,000 general aggregate per project;
$3,000,000 product/completed operations aggregate; and
$2,000,000 personal and advertising injury.
(ii) Business Automobile Liability:
$1,000,000 combined single limit.
The commercial general liability policy shall contain a contractual liability endorsement and
a products completed operations endorsement. The insurance policies shall not include any of the
following endorsements excluding or limiting coverage: (i) contractual liability limitation,
CG 21 39; (ii) amendment of insured contract definition, CG 24 26; (iii) exclusion — explosion,
collapse and underground property damage hazard, CG 21 42 or CG 21 43; (iv) limitation of
coverage to designated premises or project, CG 21 44 07 98; (v) exclusion — damage to work
performed by subcontractors on your behalf, CG 22 94 or CG 22 95; (vi) any type of construction
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FOR THE FORT WORTH BOTANIC GARDEN
defect completed operations exclusion; and/or (vii) any type of punitive, exemplary, or multiplied
damages exclusion.
The worker's compensation policy shall contain a waiver of subrogation endorsement in
favor of City and Vendor.
All insurance companies providing coverage pursuant to the requirements of this Section
shall have a minimum Best Rating of A- and a Financial Size Category listing of no lower than VII,
both as provided by A.M. Best Company, Inc. Upon request by City,Vendor shall deliver a copy of
all such policies of insurance required in this Agreement.
6.6 Permits for Discretionary Improvements
Vendor shall be responsible for obtaining all building, trade or other permits necessary for
the construction of Discretionary Improvements. In accordance with Chapter 7, Article 111, Section
7-47, Section 109.2.1 of the City Code, Building and Trade Permit Fees are waived for the
Discretionary Improvements.
7. USE OF LEASED PREMISES.
Vendor hereby agrees to use the Leased Premises strictly in accordance with the terms and
conditions of this Agreement, solely for purposes related to operating the Restaurant and providing
catering services.
8. UTILITIES.
Vendor, at Vendor's sole cost and expense, shall be responsible for grease trap disposal,
trash removal, telephone, and internet services at the Leased Premises.
9. MAINTENANCE AND REPAIRS.
9.1. Maintenance and Repairs by Vendor.
Vendor agrees to keep and maintain the Leased Premises in a good, clean and sanitary
condition at all times throughout the Term. Vendor covenants and agrees that it will not make or
suffer any waste of the Leased Premises. Vendor, at Vendor's sole cost and expense, will make all
repairs necessary to prevent the deterioration in condition or value of the Leased Premises and any
improvements thereon, including, but not limited to, all fixtures, equipment, modifications and
pavement on the Leased Premises throughout the Term. Vendor shall be responsible for all
damages caused by Vendor, its agents, servants, employees, contractors, subcontractors, vendors or
invitees during the Term, and Vendor agrees to fully repair or otherwise cure all such damages at
Vendor's sole cost and expense.
Vendor agrees that all improvements, trade fixtures, furnishings, equipment and other
personal property of every kind or description which may at any time be on the Leased Premises
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FOR THE FORT WORTH BOTANIC GARDEN
shall be at Vendor's sole risk or at the sole risk of those claiming under Vendor. City shall not be
liable for any damage to such property or loss suffered by Vendor's business or business operations
which may be caused by the bursting, overflowing or leaking of sewer or steam pipes, from water
from any source whatsoever, or from any heating fixtures, plumbing fixtures, electric wires, noise,
gas or odors,or from causes of any other matter.
9.2. Compliance with ADA.
If required, Vendor agrees to submit the plans and specifications for the Discretionary
Improvements to the Texas Department of Licensing and Regulation for review and approval for
compliance with applicable accessibility statutes and regulations prior to the commencement of
construction of the Discretionary Improvements.
9.3. Inspections.
9.3.1. City shall have the right and privilege, through its officers, agents, servants
or employees, to inspect the Leased Premises. Except in the event of an emergency, City
shall conduct such inspections during Vendor's ordinary business hours and shall use its
best efforts to provide Vendor at least two (2)hours'notice prior to any inspection.
9.3.2. If City determines during an inspection of the Leased Premises that Vendor
is responsible under this Agreement for any maintenance or repairs, City shall notify
Vendor in writing. Vendor agrees to begin such maintenance or repair work diligently
within thirty (30) calendar days following receipt of such notice and to then complete such
maintenance or repair work within a reasonable time, considering the nature of the work to
be done. If Vendor fails to begin the recommended maintenance or repairs within such time
or fails to complete the maintenance or repairs within a reasonable time, City may, in its
discretion,perform such maintenance or repairs on behalf of Vendor. In this event, Vendor
will reimburse City for the cost of the maintenance or repairs, and such reimbursement will
be due immediately upon written request of City.
9.3.3. During any inspection, City may perform any obligations that City is
authorized or required to perform under the terms of this Agreement or pursuant to its
governmental duties under federal state or local laws,rules or regulations.
9.3.4. Vendor will permit the City's Fire Marshal or his or her authorized agents to
inspect the Leased Premises, and Vendor will comply with all requirements of the Fire
Marshal or his or her authorized agents that are necessary to bring the Leased Premises into
compliance with the applicable City of Fort Worth Fire Code and Building Code provisions
regarding fire safety, as such provisions exist or may hereafter be amended. Vendor shall
maintain in proper condition accessible fire extinguishers of a number and type approved by
the Fire Marshal or his or her authorized agents for the particular hazard involved.
9.4. Environmental Remediation.
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FOR THE FORT WORTH BOTANIC GARDEN
Vendor agrees that it has inspected the Leased Premises and is fully advised of its own
rights without reliance upon any representation made by City concerning the environmental
condition of the Leased Premises. VENDOR,AT ITS SOLE COST AND EXPENSE,AGREES
THAT IT SHALL BE FULLY RESPONSIBLE FOR THE REMEDL4 TION OF OR ANY
VIOLATION OF ANY APPLICABLE FEDERAL, STATE OR LOCAL ENVIRONMENTAL
REGULATIONS OR STANDARDS THAT IS CAUSED BY VENDOR, ITS OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS OR
INVITEES.
10. RIGHTS AND RESERVATIONS OF CITY.
City hereby retains the following rights and reservations:
10.1. City reserves the right to take any action it considers necessary to prevent Vendor
from erecting or permitting to be erected any building or other structure which, in the opinion of
City,would limit the usefulness of the Leased Premises or diminish the capability of use of adjacent
property owned by City.
10.2. City reserves the right to develop and improve adjacent property owned and
operated by City and any improvements thereon.
10.3. Vendor's rights hereunder shall be subject to all existing and future utility and
drainage easements and rights-of-way granted by City for the installation, maintenance, inspection,
repair or removal of facilities owned or operated by electric, gas, water, sewer, communication or
other utility companies. Vendor's rights shall additionally be subject to all rights granted by any
ordinance or statute which allows utility companies to use publicly-owned property for the
provision of utility services.
11. INSURANCE.
11.1. Vendor shall provide City with certificate(s) of insurance documenting policies of
the following types and minimum coverage limits that are to be in effect during this Agreement:
11.1.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
(b) Automobile Liability:
$1,000,000 - Each occurrence on a combined single limit basis
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Coverage shall be on any vehicle used by Vendor, its employees, agents,
representatives in the course of providing services under this Agreement.
"Any vehicle" shall be any vehicle owned, hired and non-owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any
other state workers' compensation laws where the work is being performed
Employers' liability
$100,000- Bodily Injury by accident; each accident/occurrence
$100,000 - Bodily Injury by disease; each employee
$500,000- Bodily Injury by disease;policy limit
(d) Professional Liability(Errors&Omissions):
$1,000,000 - Each Claim Limit
$2,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to
the Commercial General Liability(CGL)policy, or a separate policy specific
to Professional E&O. Either is acceptable if coverage meets all other
requirements. Coverage shall be claims-made, and maintained for the
duration of the contractual agreement and for two (2) years following
completion of services provided. An annual certificate of insurance shall be
submitted to City to evidence coverage.
11.1.2 General Requirements
(a) The commercial general liability and automobile liability policies shall name
City as an additional insured thereon, as its interests may appear. The term
City shall include its employees, officers, officials, agents, and volunteers in
respect to the contracted services.
(b) The workers' compensation policy shall include a Waiver of Subrogation
(Right of Recovery) in favor of City.
(c) A minimum of thirty (30) days' notice of cancellation or reduction in limits
of coverage shall be provided to City. Ten (10) days' notice shall be
acceptable in the event of non-payment of premium. Notice shall be sent to
the Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas
76102,with copies to the Fort Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do business
in the State of Texas. All insurers must have a minimum rating of A- VII in
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FOR THE FORT WORTH BOTANIC GARDEN
the current A.M. Best Key Rating Guide, or have reasonably equivalent
financial strength and solvency to the satisfaction of Risk Management. If
the rating is below that required, written approval of Risk Management is
required.
(e) Any failure on the part of City to request required insurance documentation
shall not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance shall be delivered to the City prior to Vendor proceeding with any
work pursuant to this Agreement.
11.2. Certificates.
As a condition precedent to the effectiveness of this Agreement, Vendor shall furnish City
with appropriate certificates of insurance signed by the respective insurance companies as proof that
it has obtained the types and amounts of insurance coverage required herein. If any such policy
shall expire before the Term of this Agreement, Vendor shall furnish to City a renewal certificate of
insurance not less than thirty (30) days prior to the expiration of any such insurance policy required
hereunder.
11.3. Additional Requirements.
All insurance companies providing coverage pursuant to the requirements of this
Agreement shall have a minimum Best's Rating of A- and a Financial Size Category listing of no
lower than VII, both as provided by A.M. Best Company, Inc. Upon request by City, Vendor shall
deliver a copy of all such policies of insurance required in this Agreement.
12. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Vendor shall operate as an independent contractor
as to all rights and privileges granted herein, and not as an agent, representative or employee of
City. Vendor shall have the exclusive right to control the details of its operations and activities on
the Leased Premises and shall be solely responsible for the acts and omissions of its officers,
agents, servants, employees, contractors, subcontractors, patrons, vendors and invitees. Vendor
acknowledges that the doctrine of respondeat superior shall not apply as between City and Vendor,
its officers, agents, employees, contractors and subcontractors. Vendor further agrees that nothing
herein shall be construed as the creation of a partnership or joint enterprise between City and
Vendor.
13. INDEMNIFICATION.
VENDOR HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR
PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF ANY KIND,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
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WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE
SERVICES PERFORMED BY VENDOR PURSUANT TO THIS AGREEMENT AND
VENDORS USE OF OR OPERATIONS ON THE LEASED PREMISES DURING THE
TERM OR WITH THE MAINTENANCE, USE, OR OCCUPANCY OF THE LEASED
PREMISES OR ANY IMPROVEMENTS THEREON DURING THE TERM, EXCEPT TO
THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR INTENTIONAL
MISCONDUCT OF CITY,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
DURING THE TERM OF THE AGREEMENT, VENDOR COVENANTS AND
AGREES TO, AND DOES HEREBY, INDEMNIFY, HOLD HARMLESS AND DEFEND
CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST
ANY AND ALL CLAIMS OR LAWSUITS FOR EITHER PROPERTY DAMAGE OR LOSS
AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF
ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR
IN CONNECTION WITH THIS AGREEMENT OR THE USE, MAINTENANCE, OR
OCCUPANCY OF THE LEASED PREMISES OR ANY CONSTRUCTION OF
IMPROVEMENTS THEREON, EXCEPT TO THE EXTENT CAUSED BY THE GROSS
NEGLIGENCE OR INTENTIONAL MISCONDUCT OF CITY, ITS OFFICERS AGENTS,
SERVANTS OR EMPLOYEES.
VENDOR ASSUMES ALL RESPONSIBILITY AND AGREES TO PAY CITY FOR
ANY AND ALL INJURIES OR DAMAGES TO THE LEASED PREMISES OR ANY
IMPROVEMENTS THEREON AND ANY OTHER CITY PROPERTY WHICH ARISE OUT
OF OR IN CONNECTION WITH ANYAND ALL ACTS OR OMISSIONS OF VENDOR,ITS
OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, VENDORS
OR INVITEES, EXCEPT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR
INTENTIONAL MISCONDUCT OF CITY, ITS OFFICERS, AGENTS, SERVANTS OR
EMPLOYEES.
14. DEFAULT AND TERMINATION.
In addition to termination rights contained elsewhere in this Agreement, City shall have the
right to terminate this Agreement as follows:
14.1. Failure by Vendor to PayCity or Pay for other Charges.
If Vendor fails to pay to the City any payment due pursuant to this Agreement, or
any, fees or other charges due pursuant to this Agreement, City may deliver to Vendor a written
invoice and notice to pay the invoice within ten (10) calendar days. If Vendor fails to pay the
balance outstanding within such time, City shall have the right to terminate this Agreement
immediately.
14.2. Breach or Default by Vendor.
If Vendor commits any breach or default, other than a violation of section 14.1, City shall
deliver written notice to Vendor specifying the nature of such breach or default. Vendor shall have
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thirty (30) calendar days following such written notice to cure, adjust or correct the problem to the
standard existing prior to the breach. If Vendor fails to cure the breach or default within such time
period, City shall have the right to terminate this Agreement immediately.
14.3. Abandonment or Non-Use of the Leased Premises.
Vendor's abandonment or non-use of the Leased Premises for any reason for more than
thirty (30) consecutive calendar days shall constitute grounds for immediate termination of this
Agreement by City.
14.4. Discontinuation or Failure to Complete Construction of Discretionary
Improvements.
If Vendor ceases construction of the Discretionary Improvements for more than thirty (30)
consecutive calendar days, City shall deliver written notice to Vendor specifying the nature of such
breach or default. Vendor shall have ten(10) calendar days following such written notice to resume
construction. If Vendor fails to resume construction within such time period, City shall have the
right to terminate this Agreement immediately.
If Vendor fails to substantially complete construction of the Discretionary Improvements in
accordance with the approved plans and specifications within two months of the start of
construction not including any time Vendor has applied for and is waiting on permit approval,
Vendor shall be in default of the Agreement, absent a mutually agreed-upon written waiver of this
time requirement for substantial completion.
In the event of a default or termination under this Section 14.4, in addition to Vendor's
financial obligations to City upon termination as provided in this Agreement, Vendor shall pay to
City the reasonable costs of completion of the Discretionary Improvements in accordance with the
approved plans and specifications.
City reserves all other rights and remedies available to it whether expressly stated or not.
14.5. Early Termination.
City may terminate this Agreement for any reason upon delivery of one hundred eighty
(180) days' written notice to Vendor.
14.6 Vendor's Financial Obligations to City Lipon Termination, Breach or Default.
If City terminates this Agreement for any failure by Vendor to make payments to the City or
for Vendor's failure to pay fees or other charges, or for any other breach or default as provided in
this Agreement, Vendor shall be liable for and shall pay to City all money due to City for the
remainder of the Term as well as all arrearages of rentals, fees and charges payable hereunder, and
any other costs associated with remediating Vendor's breach. In no event shall a reentry onto or
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FOR THE FORT WORTH BOTANIC GARDEN
reletting of the Leased Premises by City be construed as an election by City to forfeit any of its
rights under this Agreement.
14.7. Rights of Cijy Upon Termination or Expiration.
Upon termination or expiration of this Agreement, title to all improvements on the Leased
Premises, including the Discretionary Improvements, and all fixtures and other items attached to
any structure on the Leased Premises shall pass to City. In addition, all rights, powers and
privileges granted to Vendor hereunder shall cease and Vendor shall vacate the Leased Premises
and the Botanic Garden. Within ten (10) days following the effective date of termination or
expiration, Vendor shall remove from the Leased Premises all tools, machinery, equipment,
materials and supplies placed on the Leased Premises by Vendor pursuant to this Agreement (other
than machinery, equipment and materials incorporated into or used in the operation of the Facility).
After such time, City shall have the right to take full possession of the Leased Premises, by force if
necessary, and to remove any and all parties and property remaining on any part of the Leased
Premises. Vendor agrees that it will assert no claim of any kind against City, its agents, servants,
employees or representatives, which may stem from City's termination of this Agreement or any act
incident to City's assertion of its right to terminate or City's exercise of any rights granted
hereunder.
15. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively
determined to have been delivered when(i)hand-delivered to the other party, its agents, employees,
servants or representatives, or(ii)deposited in the United States Mail,postage prepaid, addressed as
follows:
To CITY:
City of Fort Worth
Park&Recreation Department
Attn: Garden Director
3220 Botanic Garden Blvd.
Fort Worth, TX 76107
With copies to:
City Attorney's Office
200 Texas Street
Fort Worth,TX 76102
and
City Manager's Office
200 Texas Street
Fort Worth, TX 76102
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FOR THE FORT WORTH BOTANIC GARDEN
To VENDOR:
Kelcher Entertainment Group
Attn: Erik J. Sjolander
3804 Greenhills Court
Irving,TX 75038
16. LIENS BY VENDOR.
Vendor acknowledges that it has no authority to engage in any act or to make any contract,
which may create or be the foundation for any lien upon the property or interest in the property of
City. If any such purported lien is created or filed, Vendor, at its sole cost and expense, shall
liquidate and discharge the same within ninety(90) days of such creation or filing. Vendor's failure
to discharge any such purported lien shall constitute a breach of this Agreement and City may
terminate this Agreement upon thirty (30) days' written notice. However, Vendor's financial
obligation to City to liquidate and discharge such lien shall continue in effect following termination
of this Agreement and until such a time as the lien is discharged.
17. TAXES AND ASSESSMENTS.
Vendor agrees to pay any and all federal, state or local taxes, or assessments which may
lawfully be levied against Vendor due to this Agreement and Vendor's use or occupancy of the
Leased Premises, or any improvements or property placed on the Leased Premises by Vendor as a
result of its occupancy.
18. COMPLIANCE WITH LAWS,ORDINANCES,RULES AND REGULATIONS.
Vendor covenants and agrees that it shall not engage in any unlawful use of the Leased
Premises. Vendor further agrees that it shall not permit its officers, agents, servants, employees,
contractors, subcontractors, patrons, vendors or invitees to engage in any unlawful use of the
Leased Premises and Vendor immediately shall remove from the Leased Premises any person
engaging in such unlawful activities. Unlawful use of the Leased Premises by Vendor itself shall
constitute an immediate breach of this Agreement.
Vendor agrees to comply with all federal, state and local laws; all ordinances, rules and
regulations of City; and all rules and regulations adopted by the City Council pertaining to the
Leased Premises. If City notifies Vendor or any of its officers, agents, employees, contractors,
subcontractors, Vendors or invitees of any violation of such laws, ordinances, rules or regulations,
Vendor shall immediately desist from and correct the violation.
19. NON-DISCRIMINATION COVENANT.
Vendor, for itself, its personal representatives, successors in interest and assigns, as part of
the consideration herein, agrees that no person shall be excluded from participation in or denied the
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FOR THE FORT WORTH BOTANIC GARDEN
benefits of Vendor's use of the Leased Premises on the basis of race, color, national origin, religion,
handicap, sex, sexual orientation, familial status, gender identity, gender expression, or transgender.
Vendor further agrees for itself, its personal representatives, successors in interest and assigns that
no person shall be excluded from the provision of any services on or in the construction of any
improvements or alterations to the Leased Premises on grounds of race, color, national origin,
religion, handicap, sex, sexual orientation, familial status, gender identity, gender expression, or
transgender.
IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-
DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL REPRESENTATIVES,
SUCCESSORS IN INTEREST OR ASSIGNS, VENDOR AGREES TO INDEMNIFY CITY
AND HOLD CITY HARMLESS.
20. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, City does not waive or
surrender any of its governmental powers or immunities.
21. NO WAIVER.
The failure of City to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted herein shall not constitute a waiver of City's right to
insist upon appropriate performance or to assert any such right on any future occasion.
22. VENUE AND JURISDICTION.
If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of this Agreement or of Vendor's operations on the Leased Premises, venue for such
action shall lie in state courts located in Tarrant County, Texas or the United States District Court
for the Northern District of Texas, Fort Worth Division. This Agreement shall be construed in
accordance with the laws of the State of Texas.
23. ATTORNEYS' FEES.
In the event there should be a breach or default under any provision of this Agreement and
either party should retain attorneys or incur other expenses for the collection of rent, fees or
charges, or the enforcement of performance or observances of any covenant, obligation or
agreement, City and Vendor agree that each party shall be responsible for its own attorneys' fees.
24. SEVERABILITY.
If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions shall not in any way be affected or
impaired.
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FOR THE FORT WORTH BOTANIC GARDEN
25. FORCE MAJEURE.
If either party is unable, either in whole or part, to fulfill its obligations under this
Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public
enemies; wars; blockades; insurrections; riots; epidemics; public health crises; earthquakes; fires;
floods; restraints or prohibitions by any court, board, department, commission, or agency of the
United States or of any state; declaration of a state of disaster or emergency by the federal, state,
county, or City government in accordance with applicable law; issuance of an Imminent Threat
Alert or Elevated Threat Alert by the United States Department of Homeland Security or any
equivalent alert system that may be instituted by any agency of the United States; any arrests and
restraints; civil disturbances; or explosions; or some other reason beyond the parry's reasonable
control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure
Event will be suspended only during the continuance of such Force Majeure Event. If a Force
Majeure Event occurs, the City may, in its sole discretion, close or postpone the opening of its
community centers, parks, or other City-owned and operated properties and facilities in the interest
of public safety and operate them as the City sees fit. Vendor hereby waives any claims it may have
against the City for damages resulting from any such Force Majeure Event.
26. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement.
27. RIGHT TO AUDIT.
Vendor agrees that City shall, until the expiration of three (3)years after termination of this
Agreement, or the final conclusion of any audit commenced during the said three years,have access
to and the right to examine at reasonable times any directly pertinent books, documents,papers and
records, including, but not limited to, all electronic records, of Vendor involving transactions
relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access
during normal working hours to all necessary Vendor facilities and shall be provided adequate and
appropriate work space in order to conduct audits in compliance with the provisions of this section.
City shall give Vendor reasonable advance notice of intended audits.
28. ASSIGNMENT AND SUBCONTRACTING.
28.1 Assignment. Vendor shall not assign or subcontract any of its duties, obligations or
rights under this Agreement without the prior written consent of City. If City grants consent to an
assignment, the assignee shall execute a written agreement with City and Vendor under which the
assignee agrees to be bound by the duties and obligations of Vendor under this Agreement. Vendor
and Assignee shall be jointly liable for all obligations of Vendor under this Agreement prior to the
effective date of the assignment.
28.2 Subcontract. If City grants consent to a subcontract, the subcontractor shall execute
a written agreement with Vendor referencing this Agreement under which the subcontractor shall
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FOR THE FORT WORTH BOTANIC GARDEN
agree to be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor shall provide City with a fully executed copy of any such
subcontract.
29. IMMIGRATION NATIONALITY ACT.
Vendor shall verify the identity and employment eligibility of its employees who perform
work under this Agreement, including completing the Employment Eligibility Verification Form (I-
9). Upon request by City, Vendor provide City with copies of all I-9 forms and supporting
eligibility documentation for each employee who performs work under this Agreement. Vendor
shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so
that no services will be performed by any Vendor employee who is not legally eligible to perform
such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, SUBCONTRACTORS,
AGENTS, OR VENDORS. City, upon written notice to Vendor, shall have the right to
immediately terminate this Agreement for violations of this provision by Vendor.
30. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT
ISRAEL.
Vendor acknowledges that in accordance with Chapter 2270 of the Texas Government
Code, the City is prohibited from entering into a contract with a company for goods or services
unless the contract contains a written verification from the company that it: (1) does not boycott
Israel; and (2) will not boycott Israel during the term of the contract. The terms"boycott Israel"and
"company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas
Government Code. By signing this Agreement, Vendor certifies that Vendor's signature
provides written verification to the City that Vendor: (1) does not boycott Israel; and (2) will
not boycott Israel during the term of the contract.
31. ENTIRETY OF AGREEMENT.
This written instrument, including any documents attached hereto or incorporated herein by
reference, contains the entire understanding and agreement between City and Vendor, its assigns
and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or
written agreement is hereby declared null and void to the extent in conflict with any provisions of
this Agreement. The terms and conditions of this Agreement shall not be amended unless agreed to
in writing by both parties and, if necessary, approved by the City Council of City.
[SIGNATURES ON FOLLOWING PAGE]
RESTAURANT AND CATERING SERVICES AGREEMENT Page 1S of 21
FOR THE FORT WORTH BOTANIC GARDEN
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples,
to be effective on the dates set forth in Section 2.
CITY OF FORT WORTH: VENDOR:
By:;; .Gt�- 2 ��1� 1� By:
- S-�
Sus Alanis Erik J. Sjoander
ssistant City Manager Operating Partner
Recommended
Da i'd Creek,Acting irector
Park&Recreation Department
APPROVED AS TO FORM AND LEGALITY:
Richard A.McCracken
Assistant City Attorney �..
0R�(//Bv
ATTEST:
7a t
Mary J.Ka r
City Secretary �.a
M&C: P-12321 (4/9/19)/15C-29131 (5/21/19)
Form 1295: 2019-469967
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.
am . nnis erson
Title: Garden Center Coordinator
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
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FOR THE FORT WORTH BOTANIC GARDEN
EXHIBIT A
LEASED PREMISES
The Leased Premises are the areas shaded in red.
GAKOrN
"fit,9
Stot age .;
A
Y
r :. . X
Fort Worth Botanic Garden Spaces `
Used by Rock Springs Cafe '
(Kelcher Entertainment Group, DBA)
2019 (Not to Scale)
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FOR THE FORT WORTH BOTANIC GARDEN
EXHIBIT B
INITIAL DISCRETIONARY IMPROVEMENTS
Location Activity Description Projected Cost
Dishwasher Relocation Interior relocation of existing equipment $6,700.00
Interior Paint Full service strip and fresh coat $4,825.00
Exterior Paint Full service strip and fresh coat $4,825.00
Bartop Relocation Lower bar top $2,795.00
Ventahood Maintenance, Full service maintenance and cleaning $1,500.00
General
Fridges Maintenance, Full service preventative maintenance and repairs $2,000.00
Preventative
Freezers Maintenance, Full service preventative maintenance and repairs $2,000.00
Preventative
Grease Trap Maintenance, Deep clean grease trap $1,500.00
General
Front Patio Repairs Paint and fix chipped wood $3,500.00
Signage Installation Electric for new signs $5,355.00
Front Replacement Double door replacement installation $2,500.00
Entrance Installation
Back Replacement Double door replacement installation $2,500.00
Entrance Installation
Ceiling Fans Replacement Install new ceiling fans $1,500.00
Installation
Bathrooms Updates and Full service maintenance, cleaning and update $2,000.00
Maintenance paper towel dispensers
Audiovisual Electric Install new speaker system and television for $4,500.00
projection onto display wall
Plumbing, Installation Installation of appropriate bar plumbing following $9,000.00
Bar relocation of bar top
Total Estimated Costs for Project Completion $57,000.00
RESTAURANT AND CATERING SERVICES AGREEMENT Page 21 of 21
FOR THE FORT WORTH BOTANIC GARDEN
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FOR
TWORTH
COUNCIL ACTION: Approved on 4/9/2019
REFERENCE 80BQN\18-0389\JTC.FWBG
DATE: 4/9/2019 NO.: P-12321 LOG NAME: RESTAURANT&CATERING
SERVICES
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of an Agreement with Kelcher Entertainment Group, for Restaurant
and Catering Services for Fort Worth Botanic Garden and Approve Waiver of Payments to
the City in an Amount Not to Exceed $30,000.00 for Building Improvements (COUNCIL
DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize an agreement with Kelcher Entertainment Group for restaurant and catering services for
Fort Worth Botanic Garden;
2. Authorize a waiver of payments under the agreement in an amount not to exceed $30,000.00 for
improvements to the building; and
3. Find that the waiver of payments serves the public purpose of providing permanent improvements
to the Rock Springs Building and that adequate controls are in place in the agreement to ensure that
public purpose is met.
DISCUSSION:
The Park & Recreation Department approached the Purchasing Division to procure an annual
Agreement for restaurant and catering services for Fort Worth Botanic Garden's restaurant. In order
to procure these services, staff issued a Request for Proposal (RFP)to 61 related vendors. The RFP
consisted of detailed specifications to provide a plan to successfully operate a 90 seat restaurant with
the ability to cater events inside and outside the Garden.
The restaurant was historically operated by the Fort Worth Botanical Society. As part of the
implementation of the Botanic Garden's strategic plan recommendations as accepted by Council on
November 11, 2016 (M&C G-18885) and the approved renewed and amended contract with the Fort
Worth Botanical Society, Inc., on March 28, 2017 (M&C C-28165) the lease agreement is now
managed by the City of Fort Worth.
As part of the contract, the Kelcher Entertainment Group will make payments to the City in the
amount of 30% of all alcohol sales, 20% of all catered food sales, and 10% of Botanic Garden
Restaurant revenue. They will also complete improvements to the building in the estimated amount of
$60,000.00. City staff is recommending a waiver of the initial payments due to the City under the
agreement equal to fifty percent (50%) of the cost of the improvements, with the total waiver not
exceeding $30,000.00. The waiver of payments serves a public purpose by providing the City with
permanent improvements to the Rock Springs Building and sufficient contractual controls are in place
to ensure that public purpose is met.
The Bid was advertised in the Fort Worth Star-Telegram on August 8th, 15th, 22nd, 29th and
September 6th, 13th and 29th, 2018. The City received one bid.
Staff recommends accepting that bid and awarding a one-year agreement with Kelcher Entertainment
Group, for restaurant and catering services for the Fort Worth Botanic Garden.
http://apps.cfwnet.org/council_packet/mc review.asp?ID=26942&councildate=4/9/2019 6/7/2019
M&C Review Page 2 of 2
M/WBE Office—A waiver of the goal for MBE/SBE subcontracting requirements was requested by
the Purchasing Division and approved by the M/WBE Office, in accordance with the BDE ordinance,
because the purchase of goods or services is from sources where subcontracting or supplier
opportunities are negligible.
Upon City Council approval, the Agreement shall begin up on execution of the Agreement and shall
end one year from that date. The City will have the option to renew the agreement for 4 additional
one-year periods.
The Fort Worth Botanic Garden is located in COUNCIL DISTRICT 7, but serves all Fort Worth
residents.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations, the Park&
Recreation Department will be responsible for the collection and deposit of funds due to the City.
BQN\18-0389\JTC
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by: Susan Alanis (8081)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: Sandra Youngblood (5755)
ATTACHMENTS
Form 1295 Redacted.pdf
http://apps.cfwnet.org/council_packet/mc review.asp?ID=26942&councildate=4/9/2019 6/7/2019
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORT RT11
COUNCIL ACTION: Approved on 5/21/2019
REFERENCE 80FWBG
DATE: 5/21/2019 NO.: C-29131 LOG NAME: RESTAU RANT&CATE RING
SERVICES AMENDMENT
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Amendment to Mayor and Council Communication P-12321 Approving an
Agreement with Kelcher Entertainment Group for Restaurant and Catering Services for
the Fort Worth Botanic Garden to Approve a Three Year Initial Term with Two One-Year
Renewals and Payment to the City of Thirty Percent of Catered Alcohol Sales (ALL
COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize an amendment to Mayor and Council Communication
P-12321 approving an agreement with Kelcher Entertainment Group for restaurant and catering services for
the Fort Worth Botanic Garden to approve a three year initial term with two one-year renewals and payment
to the City of thirity percent of catered alcohol sales.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize an amendment to M&C
P-12321 approving an agreement with Kelcher Entertainment Group for the restaurant and catering
services for the Fort Worth Botanic Garden to approve revised contract terms.
On April 9, 2019, the City Council approved M&C P-12321, awarding an agreement with Kelcher
Entertainment Group. During final contract negotiations, it was determined that terms of the contract
needed to be revised to successfully create a long term, mutually beneficial financial relationship. Two
terms of the contract are being proposed for revision.
1. The proposed amended term is a three year initial contract with two one-year renewals rather than one
year initial contract with four one-year renewals. This will yield a more consistent level of service which will
benefit both organizations.
2. The 30% payment to the City for alcohol sales will apply only to catered events. Kelcher Entertainment
Group will make payments to the City in the amount of 30% of all catered alcohol sales, 20% of all catered
food sales, and 10% of Botanic Garden Restaurant and Concessions revenue.
Staff further reviewed the contract terms after comments made by Mayor and Council, the contract will
include the requirement that Kelcher Entertainment Group will supply City Staff with TABC financial
paperwork and sales tax report documentation.
The Fort Worth Botanic Garden is located in COUNCIL DISTRICT 7, but serves the entire City of Fort
Worth.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations, the Park& Recreation
Department will be responsible for the collection and deposit of funds due to the City.
TO
Fund Department Account I Project Program Activity Budget Reference# Amount
ID ID I Year Chartfield 2
http://apps.cfwnet.org/council_packet/mc review.asp?ID=27060&councildate=5/21/2019 6/7/2019
M&C Review Page 2 of 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: David Creek(5704)
Additional Information Contact: Sandra Youngblood (5755)
ATTACHMENTS
http://apps.cfwnet.org/council_packet/mc review.asp?ID=27060&councildate=5/21/2019 6/7/2019