HomeMy WebLinkAboutContract 56364 CSC No. 56364
BETWEEN
THE CITY OF FORT WORTH
AND
C®WTOWN CONCESSIONS, INC.
This Addendum to Letter of Agreement ("Addendum") is entered into by and between
Cowtown Concessions, Inc.("Vendor") and the City of Fort Worth ("City"), collectively the
"parties."
The Contract documents shall include the following
1. The Letter of Agreement; and
2. This Addendum,
Notwithstanding any language to the contrary in the attached Letter of Agreement
([collectively referred to herein as] the "Agreement'), the parties 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. Term, The Agreement shall commence upon the date signed by the Assistant City
Manager below (`Effective Date") and shall expire no later than January 31, 2022 ("Expiration
Date"),unless terminated earlier in accordance with the provisions of this Agreement or otherwise
extended by the parties. This Agreement may be renewed for two (2) year renewal periods at the
City's option, each a "Renewal Term." The City shall provide Vendor with written notice of its
intent to renew at least thirty(30) days prior to the end of each term.
2. Termination.
a, Convenience. Either City or Vendor may terminate the Agreement at any
time and for any reason by providing the other party with 30 days written notice of
i
termination.
b. Breach,If either party commits a material breach of the Agreement,the non-
breaching Party must give written notice to the breaching party that describes the breach
in reasonable detail. The breaching party must cure the breach ten(10) calendar days after
receipt of notice from the non-breaching party, or other time frame as agreed to by the
parties. If the breaching party fails to cure the breach within the stated period of time, the
non-breaching party may, in its sole discretion, and without prejudice to any other right
under the Agreement, law, or equity, immediately terminate the Agreement by giving
written notice to the breaching party.
c. Fiscal Funding Out. In the event no fiords or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify
OFFICIAL RECORD
CITY SECRETARY
.A.ddeudwn
FT. WORTH, TX
Vendor of such occurrence and the Agreement shall terminate on the last day of the fiscal
period for which appropriations were received without penalty or expense to the City of
any kind whatsoever, except as to the portions of the payments herein agreed upon for
which funds have been appropriated.
d. Duties and Obligations of the Parties. In the event that the Agreement is
terminated prior to the Expiration Date, City shall pay Vendor for services actually
rendered tip to the effective date of termination and Vendor shall continue to provide City
with services requested by City and in accordance with the Agreement up to the effective
date of termination, Upon termination of the Agreement for any reason, Vendor shall
provide City with copies of all completed or partially completed documents prepared under
the Agreement. In the event Vendor has received access to City information or data as a
requirement to perform services hereunder, Vendor shall return all City provided data to
City in a machine readable format or other format deemed acceptable to City.
3. Attorneys' Nees Penalties, and Liquidated Damages. To the extent the attached
Agreement requires City to pay attorneys' fees for any action contemplated or taken, or penalties
or liquidated damages in any amount, City objects to these terms and any such terms are hereby
deleted from the Agreement and shall have no force or effect.
4. Law and Venue. The Agreement and the right's and obligations of the parties hereto
shall be governed by, and construed in accordance with the laws of the United States and state of
Texas, exclusive of conflicts of laws provisions, Venue for any suit brought under the Agreement
shall be in a court of competent jurisdiction in Tarrant County,Texas.To the extent the Agreement
is required to be governed by any state law other than Texas or venue in Tarrant County, City
objects to such terms and any such terms are hereby deleted from the Agreement and shall have
no force or effect.
5. Sovereign Immunity. Nothing herein constitutes a waiver of City's sovereign
immunity. To the extent the Agreement requires City to waive its rights or immunities as a
government entity; such provisions are hereby deleted and shall have no force or effect.
6. Limitation of Liability and Indemnity. To the extent the Agreement, in any way,
limits the liability of Vendor or requires City to indemnify or hold Vendor or any third party
harmless from damages of any kind or character, City objects to these terms and any such.terms
are hereby deleted from the Agreement and shall have no force or effect.
7. No Debt. In compliance with Article 11 § 5 of the Texas Constitution, it is
understood and agreed that all obligations of City hereunder are subject to the availability of funds.
If such funds are not appropriated or become unavailable, City shall have the right to terminate the
Agreement except for those portions of funds which have been appropriated prior to termination.
8. Public Information. City is a goveriu-nont entity under the laws of the State of Texas
and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act. To the extent the Agreement requires that City maintain records in violation of
the Act, City hereby objects to such provisions and such provisions are hereby deleted from the
Adden6uni Page 2 of 4
Agreement and shall have no force or effect. In the event there is a request for infortnation marked
Confidential or Proprietary, City shall promptly notify Vendor, It will be the responsibility of
Vendor to submit reasons objecting to disclosure. A deterinination on whether such reasons are
sufficient will not be decided by City, but by the Office of the Attorney General of the State of
Texas or by a court of competent jurisdiction.
9, Addendum Controlling, If any provisions of the attached Agreement, conflict with
the terms herein, are prohibited by applicable law, conflict with any applicable rule, regulation or
ordinance of City, the terms in this Addendum shall control,
10, Immigzation Nationality Act, Vendor shall verify the identity and employment
eligibility of its cmployees who perform work under the Agreement, including completing the
Employment Eligibility Verification Form(1-9), Upon request by City,Vendor shall provide City
with copies of all 1-9 forms and supporting eligibility documentation for each employee who
performs work under the 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 SMALL 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 LICENSEES. City,upon written notice
to Vendor, shall have the right to immediately terminate the Agreement for violations of this
provision by Vendor,
11, No Boycott of Israel, If Vendor has fewer than 10 employees or the Agreement is
for less than$100,000, this section does not apply. Vendor acknowledges that in accordance with
Chapter 2270 of the Texas Goverrunent Code, 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
<< e meanings ascribed to those
contract. The terms "boycott Israel and "company" shall have t11
y p
terms in Section 808.001 of the Texas Government Code, By signing this Addermlurn, Vendor
certifies that Vendor's signature provides writtenn verzfr.cation to City that Vendor: (l) does not
boycott Israel; and(2) will not. boycott Israel during the tern. of the.Agreement.
12, Right to Audit, Vendor agrees that City shall,until the expiration of three(3)years
after final payment under the Agreement, have access to and the right to examine any directly
pertinent books, documents, papers and records of Vendor involving transactions relating to the
Agreement. Vendor agrees that City shall have access during normal working hours to all
necessary Vendor facilities and shall be provided adequate and appropriate workspace in order to
conduct audits in compliance with the provisions of this section, City shall give Vendor reasonable
advance notice of intended audits.
(signature page•follows)
Addeiihm Page 3 of 4
[lIceuted effective as of the date signed by the Assistant City Manager below.] / [ACCEPTED
AND AGREED:]
City: 'Vendor:
By: i1sus��pa(Sep 24,202113:12 CDT) By
Name: Jesus J. Chapa Name: Craig Bonham
Title: Deputy City Manager Title: Representative
Date: Date:
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended: Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
NBlI NOGIkeS of this contract,including ensuring all
By: Neil Noakes(Sep?4',2021 i2:23 CDT) performance and reporting requirements,
Name: Neil Noakes
Title: Chief of Police
K%Clevoland _
By: Kitty Cleleland(Sep 24,2021 10:43 CDT)
Approved as to loan and Legality: Name: Sasha Kane
Title: Sr. Contract Compliance
—5
By: City Secretary: '
Name: Taylor Paris
Title: Assistant City A.ttortLey
By. fton ald P.Gonxala„M.UngCiFy secna y(y1 3r_ !
Contract Authorization; Name: Mary Kayser
M&C: Title: City Secretary o�FORr���a
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Addendum Page 4 of 4
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IVR RANC
5.d0 �1)~23'rd Streetvent [5�te; 11�'11(2021 1
,:j .Y 0 E? N T A V. ly B �;�rt�Ilorth, l���cas 17G9�� p��e it
customer;
.._.,.
er: Event Location:
Name City of Fort Worth West Fork aand PAW
Address Line 1 Shirly zertuche
Address Line 2
City,State Zip Fort Worth,TX 76165 Fort Worth,TX 76165
Contact Person
Telephone I Fax 017-392AI82
Email Address
Event Date December 11,2021
Event Time 11:00 am to 03:00 pre Minimum Number of People Attending: 42G
{{ I
Westfork/Patio/1-awn1.00 $5,000,00 $5,000,00
Exclusive use of the Westfork Room based on a 4-hour event,
Westfork Room:
Guest Tables: Catering Tables:
i (^55`)60"Round Tables ( )6 ft,or Cafeteria tables
Lap length linens in WHITE 4 Food Stations
-Napkins in WHITE, -Linen in BLACK
Resin Garden Chairs Drink station(s)
Private Entrance (_1_)Dessert statlon(s)
Existing Stage
Built in Bar Area
Private Men's&Ladies'Restrooms
Palle:
Guest Tables: Catering Tables:
LINEN RECAP:
-White on White
Catering Provided by River Ranch Stockyards 425,00 $45,00 $19,125.00
Catering will consist of 4 themed stations,including a dessert Station. Satlons will Include a Texas BBQ station wl
th Brisket,Sausage,Potato salad,Cowboy Beans,and all the fixins, Mexican Food Station with Chicken a
nd Beef Fajilas,Reflect Beans and Cilantro Lime rice,with alit the fixings and an American traditions Station wit hC
arbed Ham,Fried Turky,Stuffing,MAshed Potatoes and Creen Bean Shltake Musroom casserole,Baby Spinach a
nd raspberry Salad,Shine Boch Yeast Rolls, Dessert Station will Include Banana Pudding,2 kinds of Cobbler and
Bread Pudding with Sauce
425,00 $3,00 $1,275,00
Drink Station
Un-Sweet Tea&Water Station,Hot Chocolate and Coffee Stations
Sugar Selection
Fresh Cut Lemons
1,00 $750,00 $750,00
Audio Visual
9x12 Drop Down Screen
1-Epson 2250 Projector with Standard Lens
Visuallcable package Includes power,audio cables,VGAII-1DMi cable or wirless presenting option
Wireless Presentation Remote
4-Shure Wireless Handheld Microphone System BLX4R Digital
House Music-customer choice
Valet Sol-vice 1.00 $1,500,00 $1,500.00
Data Pdnfad: 9129/21 2:660 PM Page 1
Cusfomor Cvonf: 20160319 City a(rorl Worth
17
RAN9H ;f-,,:ER Covvtdwn Cot ceosIons, Inc went Number 201;883�500 NE 23fd`Stteet v nt pate. -12111WA a
page. ..
Customer: Event Location:
Name City of Fort Worth West Fork aand PAtio
Address Line 1 Shirly Zertuche
Address Line 2
City,State Zip Fort Worth,TX 76165 Fort Worth,TX 76165
Contact Person
Telephone/Pax 817-392-4182
Email Address
Event Date December 11,2021
Event Time 11:00 am to 03:00 pm Minimum Number of People Attending: 425
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Please sign and date on last page of agreement to confirm your reservation. Subtotal $27,650.00
Catering/Beverage Fee $4,488M
Delivery Charge $0,00 61�,�
Sales Tax ..$370;26"
S'
rota) $32,508.26 � 17
Customer Event: 20109319 City of Fort Worlh Date Printed: 0/29/21 2:55:69 PM Page 2
LA'tr .
ER
RANC Cowtown.Concessions,,lm Event Nufriber- 20188319
II
500 NE 23rd.Streot Event Date. 12/11/.2021
Fort Worth,Texas,76164
4
- i
Party so obligated or permitted will be excused from doing or performing the same during such period of delay,so that the time period applicable,to
such performance will be extended for a period of time equal to the period such party was delayed,unless the same results in canceling the Event.
Measures taken by the Office of Homeland Security/Office of Emergency Preparedness("OHS"),State of Texas,Tarrant County,or the City of Fort
Worth to close facilities or venues related to the Event,for any reason,Is an act of government and,as such,Is also considered a Force Majeure
Event.
The party asserting a Force Majeure Event must give written notice and full particulars of the Force Majeure Event,including how the Force Majeure
Event prevents performance,to the other party as soon as practicable,but no later than seven(7)calendar days after the occurrence of the cause
relied upon, This time period may only be extended by written agreement of the parties,
If a Force Majeure Event causes the Event to be cancelled,In whole or in part,and the affected party compiles with this Section regarding notice,
the Licensee will owe(River Ranch)the License Fee based on the time period(if any)during which the Licensee had reasonable commercial use of
the Facilities. In the event that a refund of any deposits or prepayments is necessary,(River Ranch)will refund such amounts promptly.
CONFIDENTIALITY CLAUSE: All Information received by River Ranch Stockyards is Confidential Information, River Ranch Stockyards shall keep the
Confidential Information confidential and secure,and shall use a standard of care at least as high as It uses to protect Its own confidential Information and
trade secretes,and In no event less than a reasonable standard of care. River Ranch Stockyards shall take reasonable measures to prevent Its agents,
employees and subcontractors from using or disclosing any confidential Information, except as may be necessary to perform Its obligations pursuant to this
Agreement, Such measures Include,but are not limited to(1)education of such agents,employees and subcontractors as to the confidential nature of the
Confidential Information;and(it)securing a written acknowledgement and agreement from such agents,employees, and subcontractors that the Confidential
information shall be handled only In accord with provisions of this section. Initial
NDEMNIFICATION AND LIMITATION ON DAMAGES;
To the maximum extent allowed by applicable law,you agree to indemnify,defend and hold harmless us,our partners,employees,agents,officers,directors,
affiliates and Independent contractors from any and all claims, actions,suits or allegations for damages or losses to person or property due to the actions of
you or your guests in connection with your event,unless such damages or losses are attributable to our gross negligence or willful misconduct. Except as
stated in the preceding sentence, neither of us is liable to the other for any incidental,consequential, indirect,special,or punitive damages.
(/ Date v ?Z ` Date
Craig Bonham
Representative,Company Representative,Customer
Customer Evonl: MUM City of Fort Worth Date Printed: 8129121 2:65:59 PM Page 4