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HomeMy WebLinkAboutContract 37413 (2)C!1"y SECRETARY 4 T T NO iqL FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 29987 CONCESSION AGREEMENT BETWEEN THE CITY OF FORT WORTH AND FORT WORTH PARKS AND COMMUNITY SERVICES SPORTS ADVISORY COUNCIL, INC. STATE OF TEXAS COUNTY OF TARRANT This FIRST AMENDMENT TO CITY SECRETAR CONTRACT NUMBER 29987 is made and entered into this the 6"N day of 2008, by and between the City of Fort Worth, a home rule municipal State of Texas, located Tarrant, Denton, Parker, and Wise Counties, acting by and through its duly authorized Assistant City Manager (hereinafter "City"), and Fort Worth Parks and Community Services Sports Advisory Council, Inc., a Texas non-profit corporation, acting by and through its President (hereinafter "Concessionaire"). WHEREAS, the City Council of Fort Worth approved M&C C-19549, which authorized execution of a contract with the Fort Worth Parks and Community Services Advisory Council, Inc. for operation of concessions at designated Parks and Community Services Facilities; and WHEREAS, on May 24, 2004, the City, by and through its Assistant City Manager, entered in to a concession agreement with Concessionaire, the same being City Secretary Contract Number 29987; and WHEREAS, said concession agreement grants Concessionaire nonexclusive license and privilege to sell food, beverages, merchandise, signage, and other permitted products and services at certain community centers and athletic facilities in the City of Fort Worth; and WHEREAS, on January 29, 2008, the City entered into a Beverage Services Agreement with Coca-Cola Enterprises Inc. d/b/a Coca-Cola Bottling of North Texas ("Coca-Cola"), which granted an exclusive right to offer beverages for sale at certain City -owned facilities; and WHEREAS, Concessionaire previously received income from contracts with a competitor of Coca-Cola; and FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 29987 OFFICIAL RECORD CITY SECRETARY FT.-10�2TfHI TX WHEREAS, the City wishes to offset funds Concessionaire lost due to the City's contract with Coca-Cola. NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: That the City and Concessionaire, for and in consideration of the mutual covenants and agreements contained herein, do mutually covenant and agree that said City Secretary Contract No. 29987 is hereby amended as follows: 1. Section 3. That City Secretary Contract No. 29987 is hereby revised to amend Section 3 in order to limit the choice of beverages that Concessionaire may offer for sale. Section 3 shall read as follows: All food, beverages, merchandise, the prices to be charged, and the hours of operation for the concession operations shall be determined by the Concessionaire but shall be subject to the prior written approval of the Director. In entering into new contracts with suppliers to provide beverages for sale, Concessionaire shall be limited to products manufactured by the Coca-Cola Company. This restriction shall not affect Concessionaire's obligations under any contract that is in effect at the time this amendment is executed. 2. Section 5 That City Secretary Contract No. 29987 is hereby revised to amend Section 5 in order to provide for payment from City to Concessionaire as an offset for revenue lost due to City's contract with Coca-Cola. Section 5 shall read as follows: City agrees to provide Concessionaire with a single payment of twenty thousand five hundred dollars ($20,500.00) for the period March 1, 2008, through February 28, 2009, to offset funds lost as a result of the restriction placed on Concessionaire's choice of beverage providers under Section 3 of this concession agreement. Money so provided shall be used by Concessionaire solely to further Concessionaire's fulfillment of its duties under and related to the concession agreement. In the event this concession agreement is terminated prior to February 28, 2009, Concessionaire shall refund to City a pro -rated portion of this payment that reflects the number of calendar days remaining between the effective date of termination and February 28, 2009. If this concession agreement remains in effect on March 1, 2009, City will provide Concessionaire with a single payment of four thousand two hundred sixty-eight dollars and forty-nine cents ($4,268.49) for the period March 1, 2009 OFFICIAL RECORD CITY SECRETARY FT. WORTH TX FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 29987 Page 2 of 4 through May 15, 2009, to offset funds lost as a result of the restriction placed on Concessionaire's choice of beverage providers under Section 3 of this concession agreement. Money so provided shall be used by Concessionaire solely to further Concessionaire's fulfillment of its duties under and related to the concession agreement. In the event this concession agreement is terminated after March 1, 2009 and prior to May 15, 2009, Concessionaire shall refund to City a pro -rated portion of this payment that reflects the number of calendar days remaining between the effective date of termination and May 15, 2009. Concessionaire covenants, agrees and declares that it will hold all of its net revenues from said concessions for the use and benefit of the public and that said funds will be divided as follows: twenty percent (20%) or an annual minimum guaranteed payment of two thousand dollars ($2,000.00), whichever is greater, shall be paid to the City's General Fund and eighty percent (80%) shall be deposited into a special account to be maintained by the Concessionaire but to be used solely for the operation of the Fort Worth Parks and Community Services Sports Advisory Council, Inc. and the improvement, operation or maintenance of Parks and Community Services athletic facilities and programs. All expenditures from said special account produced by revenue of Gateway Park concessions shall be made only with the written approval of the Director of Parks and Community Services. Payments made to the City's General Fund shall be on an annual basis, with payment to be made within ninety (90) days of the end of each contract year. The Concessionaire shall submit payment to the City of Fort Worth Parks and Community Services Department Administration office, to the attention of the Northeast Region Senior Administrative Assistant. IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort Worth, Tarrant County, Texas, this day of [SIGNATURES APPEAR ON FOLLOWING PAGE] OFFICIAL RECORD CITY SECRETARY FT: WORTH, TX FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 29987 Page 3 of 4 CITY OF FORT WORTH By: Assistant City Manager ATTEST: APPRO FORM AND LEGALITY Denis'(��VlcElroy Assistant City A r y NO M&C REQUIRED FORT WORTH PARKS AND COMMUNITY SERVICES SPORTS ADVISORY COUNCIL, INC. Jerry Stephens President OFFICIAL RECORD CITY SECRETARY T. WORTH, TX FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 29987 Page 4 VA