HomeMy WebLinkAboutContract 52618 RECEIVED
FORTWORTH HERITAK CIAu�F 6 OCRTH Contract CSC No.52618
ENTERTAINMENT LLC CITY SECRETARY
Client/Organization 7Booking Con 11 tact Event Date Event Duration Revised
City of Fort Worth Hayley Mann 9/11/2019(Wed) 6/17/2019 3:51:0,
Address Estimated Total Security Deposit Gtd Guests
1000 Throckmorton Street,Fort Worth,TX 73102 $5,675.00 $2,837.50 125
Booking Email Telephone Next Deposit Date Next Deposit Amount
Hayley.Mann@fortworthtexas.gov (817)392-8018 8/28/2019 $2,837.50
This Contract is to serve as an event booking agreement(this"Agreement")between Fort Worth Heritage
Entertainment,LLC.,a Texas limited liability company("FWHE")and the client/organization listed above hereto know
as("Client")for the date specified above. The attached Event Worksheet is hereby part of this Agreement and should be
reviewed carefully to ensure its accuracy. By executing this Agreement,the party signing on behalf of Client represents
and warrants that they have had an opportunity to review this Agreement and fully understand all terms and conditions
pertaining to this Agreement.
TERMS& CONDITIONS
COST:
1. The total estimated cost of the event is listed above.
2.Food and beverage prices,as well as any other operating costs related to your event,will only be guaranteed nine(9)
months prior to your event. All pricing is subject to change and FWHE reserves the right to increase food,beverage and
other operating costs for any events being booked more than nine months in advance.
3. Prices DO NOT include any state or local taxes which are applicable at the time of the event,nor do they include
customary service charge,currently 20%. Service charge will be added to prices and then sales tax and any other
applicable taxes will be calculated(State Board of Equalization— 1603). Service charge and current tax are subject to
change.
DEPOSIT/BALANCE DUE:
1. On the date of signing this Agreement,Client shall(i)pay to FWHE a nofrefundable security deposit of 50%of the
estimated total cost of the event as noted above and(ii)sign and return the attached Credit Card Payment Authorization
form attached to this Agreement. Facility space is not guaranteed until all of the following have occurred: (i)the
contract has been signed,(ii)the security deposit payment has been received,and(iii)the Credit Card Payment
Authorization form has been signed and received by FWHE.Facility will not be available to setp unless event is
current on payments and at a zero balance.
2. Two(2)weeks prior to the event, Client shall pay the remaining 50%balance of the estimated total cost of the event
as noted above unless modifications have been made and therein the current balance will be due.
3. If a balance due remains after the event(including:guests in excess of Guaranteed Guests,incidentals,bar tab,taxes
and service charge, if applicable) such balance due will be billed by FWHE to the Client and shall be due and payable
within seven(7)business days after date of the event. Thereafter,FWHE is authorized under the attached Credit Card
Payment Authorization to charge Client's credit card for the full amount due. Should it become necessary to seek legal
means of collection,Client agrees to pay all FWHE's costs of collection including court cost and reasonable attorney
fees.
4. The advance payments referred to in paragraphs 1. and 2. above are non -refundable and non-transferable and will
not be returned if Client cancels the event or an event of Force Majeure,as defined below, occurs cause a cancellation
of the event. In such event,FWHE shall be entitled to retain,without liability to Client,and Client hereby relinquishes
to FWHE the security deposit and,as applicable,the payment of the balance then being held by FWHE
6/17/2019-3:51:14 PM
Fort Worth Heritage Entertainment,LLC 131 E Exchange Ave Ste.235,Fort Worth,TX 76164 UFNUAL RECORD
M SECRETARY
FL NORTH, 'TX
E06184-City of Fort Wortt
CANCELLATIONS:
1.If client is to cancel event within forty five(45)days of scheduled date,the full contracted balance is due to FWHE.
CONFIRMATION OF EVENT:
1.A signed copy of this Agreement,the security deposit and the'signed Credit Card Payment Authorization form are
required to confirm your event.
2.Final menu items,guaranteed number of guests attending the event,room arrangements and other details pertaining to
this function must be received in writing a minimum of two(2)weeks prior to the event.
3. Client will incur a$500 fee for changes to event setup within 24 hours of the event.
TAX AND SERVICE CHARGE:
Facility Rental,hosted food and beverage items are subject to a 20% service charge. All charges are subject to local
and/or State of Texas Sales Tax. Service charge will be added to prices and then sales tax and any other applicable
taxes will be calculated. The service charge is not a gratuity and is the property of FWHE to cover discretionary and
administrative costs of the event.
FOOD AND BEVERAGE:
1.All food and beverage will be served within the time frame stated in the Event Worksheet provided.
2.The provision of alcohol shall only be through FWHE and shall not be allowed through any third party vendor.
3. FWHE reserves the right to confiscate food or beverage that is brought on to the property in violation of this policy
without prior written agreement with FWHE. In accordance with local policies, food will not be removed from the
premises. In accordance with state law,alcoholic beverages will not be brought onto or removed from the premises,and
no alcoholic beverages may be served to minors.
4. If an outside caterer is utilized, only a caterer approved in writing in advance may be used,and such outside caterer
must furnish FWHE with the certificate of special event liability insurance and operating licenses and documentation.
The insurance required hereunder shall have a single limit liability of not less than$1 Million and general aggregate
liability of not less than Million and shall name FWHE as an additional insured.Further, all caterers must abide by
the rules and regulations of the Tarrant County Health Department and all governing entities.
CLIENT/COMPANY RESPONSIBILITY:
1. Client agrees to begin the event at its scheduled time and to have guests and invitees vacate the designated event space
at the designated time.
2. An additional room rental fee,plus any other expenses incurred after agreed upon departure time of event will be
charged to Client on final invoice.
3.Any damages,other than normal wear and tear,as well as any theft of FWHE property resulting from Client's guests,
will be charged to Client.
4.A security guard is required for all events serving alcohol,the cost of which shall be paid by Client.
5. Client agrees to assume full responsibility for the conduct of guests.
6.Parking passes are provided with this Agreement and it is Client's responsibility to distribute them to Client's guests.
In the event that guests arrive without parking passes,they will be responsible for applicable parking fees.
DEC ORATIONS/ENTERTAINMENT:
1.Vendors may enter the room no sooner than two hours prior to event unless specific arrangements have been made
prior to the event with a Sales Manager of FWHE.
2. The following list of decorations are strictly prohibited: hay,bird seed, confetti of any type, glitter,peanut shells,
popcorn,helium balloons, open flames,fireworks and sparklers.FWHE reserves the right to confiscate any items found
of this nature.
3.An excessive clean up fee of$250 will be charged should there be any items proving to be excessively difficult to
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Fort Worth Heritage Entertainment,LLC 131 E Exchange Ave Ste.235,Fort Worth,TX 76164
E06184-City of Fort WortF
remove.
4.No signs, displays or banners shall be displayed in any part of the Facility without the approval of a FWHE Sales
Manager nor will any sign,display or banner be affixed to any part of the Facility.Facility will provide easels for this
purpose
5.Nothing may be affixed to or hung from the walls, ceilings, furniture, low lying pipes or fixtures or any other
property unless approval is given by a Sales Manager of FWHE. In the event any of the foregoing is done without
authorization, the cost of any repair and/or replacement of damaged property will be paid by Client.
6.Removal of all decorations is the Client's responsibility.
7.No live animals, with the exception of service animals are permitted into any indoor facility except with the written
permission of a Sales Manager of FWHE.
8.No rental items will be received on behalf of any client unless specific arrangements are made.
9.FWHE does not assume liability for any items left,lost or stolen during or after an event including third party rental
items.
10. The Facility are rented"as is", and Client will make, at its own expense, all changes, installations and decorations
therein that are previously agreed to in writing by FWHE. Client shall restore, at its own expense, the Facility to the
same condition in which it existed prior to any alterations made therein. Client shall be fully responsible for any costs to
repair or replace property at the Facility damaged or lost during the dates of Client's use and attributable to Client's use
of the Facility.
ATTENDANCE GUARANTEE:
1.Final attendance guarantees must be received no later than three(3)business days in advance to scheduled event date.
INDEMNIFICATION:
By signing where indicated below, Client agrees, save and except in instances of gross negligence by FWHE, its
employees or agents,to reimburse and indemnify FWHE,and hold it harmless,from and against any and all losses and
costs(including attorney's fees)which FWHE may suffer as a result of, or in any way connected with the actions or
inaction of Client(or any of its officers,employees, agents,personal representatives or guests)under this Agreement.
GENERAL:
All of the obligations contained in this Agreement are performable solely in Tarrant County, Texas. In the event of any
litigation involving any of the provisions of this Agreement,the party eventually determined to be at fault shall pay,all of
the attorney's fees(and costs)of the other party.
FORCE MAJEURE-
If the Facility or any part of the Facility is destroyed or damaged by fire or any other cause,or if a labor dispute,major
structural,mechanical,plumbing or electrical failure,closure of the Facility by governmental authority,boycotts,riots,
war or national emergencies or disasters,terrorist acts or threats of terrorist acts, acts by God or any other cause beyond
the reasonable control of FWHE renders the fulfillment of this Agreement by FWHE impossible or impracticable,then
this Agreement shall be suspended for the duration of such condition or terminated if such condition is expected to
continue indefinitely or through the remainder of the Term of this Agreement. In the event of any such indefinite
suspension or termination,FWHE will i)retain the Nonrefundable Deposit and(ii)refund to client any other sums paid
by client as of the time of termination.FWHE and client shall not have any additional financially liability to the other as
a result thereof. Client hereby waives any claim for damages or compensation from FWHE on account of such indefinite
suspension or termination
Please indicate acceptance of this Agreement and the conditions set forth herein by signing in the space provided below
and return the original along with your security deposit and the signed Event Worksheet to ensure your reservation.
BANQUET ROOMS
Date Start End Banquet Room
6/17/2019-3:51:14 PM Page 3 of 4
Fort Worth Heritage Entertainment,LLC 131 E Exchange Ave Ste.235,Fort Worth,TX 76164
E06184-City of Fort WortF
9/11/2019-Wed 9:00 am 4:00 pm Stockman's Club
Subtotal 4,800.00 Paid 0.00
Tax 0.00 Balance 5,675.00
Service Charge 875.00
Total Value 5,675.00
Client Signature: Date:
Sales Rep Signature: Date:
Director of Sales& Private Events Signature: Date:
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Fort Worth Heritage Entertainment,LLC 131 E Exchange Ave Ste.235,Fort Worth,TX 76164
ADDENDUM TO FORT WORTH HERITAGE ENTERTAINMENT, LLC
EVENT BOOKING AGREEMENT
This Addendum to the Fort Worth Heritage Entertainment,LLC Event Booking Agreement
("Addendum") is entered into by and between Fort Worth Heritage Entertainment, LLC
("FWHE") and the City of Fort Worth("City"), collectively the "parties."
The Contract documents shall include the following:
1. The FWHE Event Booking Agreement and;
2. This Addendum.
Notwithstanding any language to the contrary in the attached Fort Worth Heritage
Entertainment, LLC Event Booking Agreement ("Agreement"), the Parties hereby stipulate by
evidence of execution of this Addendum below by a representative of each party duly authorized
to bind the parties hereto,that the parties hereby agree that the provisions in this Addendum below
shall be applicable to the Agreement as follows:
1. Termination. City may terminate this Agreement at any time and for any reason by providing
FWHE with 30 days' written notice of termination.
2. Indemnity: Nothing herein shall require the City to indemnify or hold Fort Worth Heritage
Entertainment, LLC or any third party harmless from damages of any kind or character.
3. Right to Audit: FWHE agrees that the City shall, until the expiration of three (3) years after
final payment under this Agreement, have access to and the right to examine books, documents,
papers and records of FWHE that are directly related to this Agreement and that are required to
evaluate compliance with the terms of this Agreement. The City shall give FWHE reasonable
advance notice of intended audits.
(signature page follows)
Addendum to FWHE Event Booking Agreement Page 1 of 2
Executed this the 5* day of 2019.
CITY:
City of Fort Worth Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract,including ensuring all
By: Valerie Washington(Aug 5,2019) performance and reporting requirements.
Name: Valerie Washington
Title: Assistant City Manager
Date: Aug 5,2019 By: HaylK Ma 2,2019)
Hay ley ann
Approval Recommended: SeniorEnvironmental Specialist
Code Compliance Department
COY)" whzx t A/(YA Approved as to Form and Legality:
By: Cody Whitten burg(Aug 2,2019)
Cody Whittenburg
Environmental Program Manama,,,
Code Compliance Dep el { �'
By: Matt Murray(4,2619)
Attest: Q.�j Name: Matthew A.Murray
Title: Assistant City Attorney
V' l�ontract Authorization:
By:
t�VI&C: N/A
V
Name: Mary Kayser
Title: City Secretary "
FWHE:
By: J
Name: nh
Title: (f f eS+bJtgS
Date:
OFFICIAL.RECORD
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Addendum to FWHE Event Booking Agreement FT.Wd 0iX