HomeMy WebLinkAboutContract 39388-R1 CITY SECRETARY
CONTRACT NO.
FIRST RENEWAL AND AMENDMENT AGREEMENT
CITY SECRETARY CONTRACT NO.39388
EXCLUSIVE OPERATOR FOR CITY HALL CAFETERIA SERVICES
This First Contract Renewal Agreement(the"Agreement") is made and entered into by and between
the City of Fort Worth, a home-rule municipal corporation of the State of Texas, located within Tarrant and
Denton Counties, (hereinafter referred to as the "City"), acting by and through Susan Alanis, its duly
authorized Assistant City Manager, and Thomas and Thomas Enterprises, Inc., d/b/a Drew's Place
Restaurants, (hereinafter referred to as the "Operator"), a corporation organized and existing under the laws
of the State of Texas to operate exclusive food, beverage, and related cafeteria services in the City Hall
Cafeteria at the Fort Worth Municipal Building.
RECITALS
WHEREAS, on October 27, 2009 the City entered into an agreement with the Operator to be the
exclusive provider for cafeteria services in the City Hall Cafeteria at the Fort Worth Municipal Building
(M&C C-23797, City Secretary Contract No. 3 93 88)(the"Original Agreement"); and
WHEREAS, the Operator was previously incorrectly identified as "Thomas and Thomas Ent, Inc.
D/B/A Drew's Place Restaurants" and"Drew's Place Restaurant, Inc." in the Original Agreement;
WHEREAS, the Operator's true and correct legal name is Thomas and Thomas Enterprises, Inc.,
d/b/a Drew's Place Restaurants, which in no way affects the rights, duties, and responsibilities of any party
to the Original Agreement and is intended only to clarify the true name of the Operator and is not intended
to affect or modify any substantive provision of the Original Agreement;
WHEREAS,the initial term of the Original Agreement will terminate on October 23, 2011;
WHEREAS, Article 3, section 3.01 of the Original Agreement permits three (3) one-year renewal
options,which the Fort Worth City Council approved by way of M&C C23797;
WHEREAS, on August 24, 2011, the Operator submitted its request to exercise its first renewal
option under the same terms and conditions as the original contract; and
WHEREAS,City and Operator wish to exercise the first one-year renewal option.
AGREEMENT
In consideration for the mutual covenants, promises, and obligation contained herein, the parties
hereto agree as follows:
1. The Original Agreement is hereby renewed and extended for a one-year renewal term,
commencing on October 23, 2011 and expiring on October 22, 2012.
2. The following amendments shall be made to City Secretary Contract No. 39388:
i. The Operator's true and correct legal name shall be amendec 10FfUtAhcRK9ND
Thomas Enterprises, Inc., d/b/a Drew's Place Restaurants," which shE 116111tyyeUM:rt�e-
FT. WORTH, TX
10-25-1 i P
rights, duties, and responsibilities of any party to the Original Agreement, this Agreement,
and/or any future amendment or renewal agreement then in effect, and is intended only to
clarify the true name of the Operator, and is not intended to affect or modify any substantive
provision of the Original Agreement.
ii. Article 3. Term, §3.01. Term of Contract is hereby amended in its entirety to read
as follows:
"The first renewal term shall be for one(1)year beginning on October 23, 2011 and ending
on October 22, 2012.
In addition to the renewal term hereof, the City and Operator may mutually agree annually
to exercise the option to use a one (1) year renewal of this Agreement, not to exceed two
(2) one-year renewal options. Either party wishing to renew this Agreement shall provide a
written notice of the request to renew for an additional one (1) year, no less than 120 days
prior to the end of the then current term. If either party does not object within ninety (90)
days after receipt of such notice, this Agreement shall be renewed for the additional one(1)
year period. The two (2) remaining one-year renewals of this Agreement may be
authorized by the City Manager's office (approved by M&C C-23797). No notice shall
otherwise be required to effect a termination by its own terms.
Upon expiration of this Agreement or any future renewal term, Operator agrees to hold
over under the terms and conditions of the Original Agreement,this Agreement, and/or any
amendment or renewal then in effect for such periods of time as is reasonably necessary to
obtain a replacement Operator, provided such period shall not exceed ninety(90) days."
All of the terms and conditions of the Original Agreement between the City and the Operator shall
remain in full force and effect except as specifically amended herein.
EXECUTED on this 9% CJ day of . Ceti Q Q- r ,2011.
CITY OF FORT WORTH Thomas and Thomas Enterprises,Inc.
d/b/a Drew's Place Restaurants
`Q/v �✓ uvwo By:. B
Sus Alanis,Assistant City Manager rew Thomas,President&CEO
RECOMME ED:
Kirk Slaughter,Director
Public Events Department
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
First Renewal and Amendment Agreement
City Secretary Contract 39388
Page 2 of 3
APPROVED AS TO FORM AND
LEGALITY:
Tyler F. W ch
Assistant City Attorney
ATTEST:
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arty Hendrix Q �-0City Secretary �� o °o �
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M&C C-23797 ���X'A
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
First Renewal and Amendment Agreement
City Secretary Contract 39388
Page 3 of 3