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HomeMy WebLinkAboutContract 36742-R3A3 CSC No. 36742-R3A3 FORT WORTH PUBLIC EVENTS DEPARTMENT/WILL ROGERS MEMORIAL CENTER 3401 WEST LANCASTER AVENUE, FORT WORTH, TEXAS 76107 THIRD RENEWAL AND AMENDMENT TO CITY SECRETARY CONTRACT NO. 36742 A LICENSE AGREEMENT WITH AMERICAN PAINT HORSE ASSOCIATION This THIRD RENEWAL AND AMENDMENT TO CITY SECRETARY CONTRACT NO. 36742 ("Third Renewal and Amendment") is made and entered into by and between the City of Fort Worth ("City"), a home-rule municipal corporation, acting herein through its duly authorized Assistant City Manager, and American Paint Horse Association ("Licensee"), acting herein by and through its duly authorized representative. WHEREAS, on March 14, 2008, City and Licensee entered into City Secretary Contract ("CSC") No. 36742 for the purpose holding the World Championship Paint Horse Show and the Fall Championship Show at certain facilities in the Will Rogers Memorial Center; WHEREAS, on June 19, 2009, the City and Licensee executed an addendum to CSC No. 36742 to set forth, among other things, the contracted dates, facilities, and rental rate schedule for the World Championship Paint Horse Show (referred to in the addendum as AjPHA/APHA World Championship Show); WHEREAS, on June 10, 2015, the City and Licensee amended CSC No. 36742 to modify the event names, modify the dates and payment schedule for the APHA World Championship Show, amend the incentive program and memorialize the dates, facilities and fees for the 2015-2019 events; WHEREAS, on August 23, 2018, the City and Licensee amended CSC No. 36742 to modify the its schedule and available facilities and memorialize the dates, facilities and fees for the 2018-2022 events, said agreement being CSC No. 36742-R2A2 (CSC Nos. 36742, 36742-13, 36742-R1A1, 36742-R2A2 are collectively referred to herein as the "License Agreement"); WHEREAS, the License Agreement provides that, on January 1 of each year beginning in 2009, one additional year will be automatically added to the end of the initial five-year term, unless either party gives written notification of its intent to terminate; WHEREAS, the parties desire to memorialize the current automatic renewal term to ensure that both parties understand the current status of the License Agreement; WHEREAS, Licensee wishes to modify the event names, modify the dates, schedule and available facilities for both Events; WHEREAS, the AjPHA Youth World Championship Show is now called the APHA World Championship Show and the APHA World Championship Show is now called The Lone Star Gathering; WHEREAS, the parties also desire to memorialize the specific dates, available facilities, facility fees, payment schedule and annual incentive for Licensee's 2021-2025 Events; NOW, THEREFORE, City and Licensee for and in good and valuable consideration of the mutual covenants and agreements contained herein, do mutually covenant and agree that the Contract is hereby amended as follows: I. RENEWAL Licensee and City agree that the License Agreement has been automatically renewed and extended through December 31, 2025. OFFICIAL RECORD Third Renewal and Amendment of CSC 36742 CITY SECRETARY FT. WORTH, TX u. AMENDMENTS 1. Section 1, "FACILITIES", defines the "Event" as the AjPHA World Championship Show and the APHA World Championship Show. The parties hereby agree that the AjPHA Youth World Championship Show will be referred to in the License Agreement as the APHA World Championship Show and the APHA Championship Show will be referred to as The Lone Star Gathering. Both the APHA World Championship Show and The Lone Star Gathering are hereinafter be referred to in the License Agreement as the "Event" and any reference to the Event in the License Agreement includes this definition. 2. Addendum A, "FACILITIES", is hereby amended for the purpose of adding Cattle Barn 2 to the list of available facilities, amending the Event dates and memorializing the facilities, rental dates, and rental fees for Licensee's 2021-2025 Event and shall read as follows: "I II. Facilities and Rental Dates for Years 2021 —2025 A. City agrees to license and provide to Licensee the following facilities at the Will Rogers Memorial Center (collectively, "Facilities" or "Facility") as needed and available for the Event on the contracted dates listed in Section III.B and C. 1. Will Rogers Coliseum (including base dirt) i. Not available for The Lone Star Gathering 2. Burnett Building i. Includes all stalls, Vet Clinic, office areas, exercise area and cattle pens if needed. ii. Not available for The Lone Star Gathering 3. Richardson-Bass Building i. Includes John Justin Arena, James L. and Eunice West Arena, Brown-Lupton Exhibits Areas, Coburn Room, all stalls, all available meeting rooms and office areas. 4. Charlie and Kit Moncrief Building i. Includes W. R. Watt Arena, Charlie & Kit Moncrief Building Stall Area, exercise area, all meetings rooms and office areas. 5. Cattle Barns 2, 3, 4 and Show Arena i. Use of the Cattle Barns is limited to stall rentals on a per stall basis ii. Not available for The Lone Star Gathering 6. Equestrian Multi-Purpose Building i. Includes all stalls and exercise arenas 7. The Pavilion with 128' x 250' arena B. APHA World Championship Show-Years 2021-2025 1. 2021 i. June 21-22: Staff move in to office areas, arenas, and commercial exhibit areas only at no charge ii. June 23-24: Move in and exercise beginning at 7:00 a.m. (a) Any livestock arriving on show grounds prior to 7:00 a.m., June 23 will be considered early arrivals. iii. June 25—July 11: Show Dates iv. July 11: Move out must be completed by 12:00 a.m. Third Renewal and Amendment of CSC 36742 2 of 10 2. 2022 i. June 20-21 Staff move in to office areas, arenas, and commercial exhibit areas only at no charge ii. June 22-23: Move in and exercise beginning at 7:00 a.m. (a) Any livestock arriving on show grounds prior to 7:00 a.m., June 22 will be considered early arrivals. iii. June 24—July 10: Show Dates iv. July 10: Move out must be completed by 12:00 a.m. 3. 2023 i. June 19-20: Staff move in to office areas, arenas, and commercial exhibit areas only at no charge ii. June 21-22: Move in and exercise beginning at 7:00 a.m. (a) Any livestock arriving on show grounds prior to 7:00 a.m., June 21 will be considered early arrivals. iii. June 23—July 9: Show Dates iv. July 9: Move out must be completed by 12:00 a.m. 4. 2024 i. June 17-18: Staff move in to office areas, arenas, and commercial exhibit areas only at no charge ii. June 19-20: Move in and exercise beginning at 7:00 a.m. (a) Any livestock arriving on show grounds prior to 7:00 a.m., June 19 will be considered early arrivals. iii. June 21 —July 7: Show Dates iv. July 7: Move out must be completed by 12:00 a.m. 5. 2025 i. June 16-17: Staff move in to office areas, arenas, and commercial exhibit areas only at no charge ii. June 18-19: Move in and exercise beginning at 7:00 a.m. (a) Any livestock arriving on show grounds prior to 7:00 a.m., June 18 will be considered early arrivals. iii. June 20—July 6: Show Dates iv. July 6: Move out must be completed by 12:00 a.m. C. The Lone Star Gathering -Years 2021-2025 1. 2021 i. September 23-24: Staff move in to office areas, arenas, and commercial exhibit areas only at no charge ii. September 25-26: Move in and exercise beginning at 7:00 a.m. (a) Any livestock arriving on show grounds prior to 7:00 a.m., September 25 will be considered early arrivals. iii. September 27-October 3: Show Dates iv. October 3: Move out must be completed by 12:00 a.m. 2. 2022 i. September 22-23: Staff move in to office areas, arenas, and commercial exhibit areas only at no charge ii. September 24-25: Move in and exercise beginning at 7:00 a.m. (a) Any livestock arriving on show grounds prior to 7:00 a.m., September 24 will be considered early arrivals. iii. September 26-October 2: Show Dates iv. October 2: Move out must be completed by 12:00 a.m. Third Renewal and Amendment of CSC 36742 3 of 10 3. 2023 i. September 21-22: Staff move in to office areas, arenas, and commercial exhibit areas only at no charge ii. September 23-24: Move in and exercise beginning at 7:00 a.m. (a) Any livestock arriving on show grounds prior to 7:00 a.m., September 23 will be considered early arrivals. iii. September 25-October 1: Show Dates iv. October 1: Move out must be completed by 12:00 a.m. 4. 2024 i. September 19-20: Staff move in to office areas, arenas, and commercial exhibit areas only at no charge ii. September 21-22: Move in and exercise beginning at 7:00 a.m. (a) Any livestock arriving on show grounds prior to 7:00 a.m., September 21 will be considered early arrivals. iii. September 23-29: Show Dates iv. September 29: Move out must be completed by 12:00 a.m. 5. 2025 i. September 18-19: Staff move in to office areas, arenas, and commercial exhibit areas only at no charge ii. September 20-21: Move in and exercise beginning at 7:00 a.m. (a) Any livestock arriving on show grounds prior to 7:00 a.m., September 20 will be considered early arrivals. iii. September 22-28: Show Dates iv. September 28: Move out must be completed by 12:00 a.m. D. Event Dates Beyond 2025 1. Should the term of this License Agreement extend past 2025, the parties agree to execute an addendum or amendment to the License Agreement setting forth the facilities and rental dates applicable to any such term." 3. Addendum A, "RENTAL RATE SCHEDULE", is hereby amended for the purpose of adding and memorializing the rental rate schedule for the use of the Facilities during Licensee's 2021-2025 Event and for any further renewal term(s), plus the use of any additional City facilities not set forth in Addendum A, Section III.A above and shall read as follows: "In consideration for the rights and privileges granted to Licensee under this License Agreement for the use of the Facilities, Licensee agrees to pay the rates set forth below pursuant to the terms thereof and the License Agreement. If Licensee wishes to use any additional facilities not set forth in Exhibit A, Section III.A., the Licensee shall pay the rates listed below. a. Will Rogers Coliseum i. $500 - Per Move In or Move Out Day ii. $900 - Per Exercise Day (12 hours climate controlled) iii. $1,500 - Per Show Day(All show hours climate controlled) b. Burnett Building Stalls Third Renewal and Amendment of CSC 36742 4 of 10 i. $50 - Per stall used in years 2018 through and including 2022 ii. $60 - Per stall used in years 2023 through and including 2025. iii. There will be a $25.00 per stall per day early move-in fee charged for each stall occupied prior to 7:00 a.m. on the first move-in day in each respective year contracted. C. Burnett Cattle Pens i. $150 Per Move In or Move Out Day ii. $350 Per Show Day d. John Justin Arena i. Event years 2018 through and including 2022 (a) $250 - Per Move In or Move Out Day (b) $500 - Per Exercise Day (12 hours climate controlled) (c) $800 - Per Show Day (All show hours climate controlled) ii. Event years 2023 through and including 2025 (a) $250 - Per Move In or Move Out Day (b) $500 - Per Exercise Day (12 hours climate controlled) (c) $1,000 - Per Show Day (All show hours climate controlled) e. James L. & Eunice West Arena i. $150 Per Move In or Move Out Day ii. $600 Per Show or Sale Day (All show/sale hours climate controlled) f. Brown-Lupton North and/or South Exhibits Areas i. $100 - Per Move In or Move Out Day ii. $300 - Per Show Day (All show hours climate controlled) g. Coburn Room and all office area i. No charge during all contracted dates h. Richardson-Bass Building Stalls i. $50 - Per stall used in years 2018 through and including 2022 ii. $60 - Per stall used in years 2023 through and including 2025. iii. There will be a $25.00 per stall per day early move-in fee charged for each stall occupied prior to 7:00 a.m. on the first move-in day in each respective year contracted. i. Richardson-Bass Cattle Pens i. $150 Per Move In or Move Out Day ii. $350 Per Show Day j. Charlie & Kit Moncrief Building Stalls i. $50 - Per stall used in years 2018 through and including 2022 ii. $60 - Per stall used in years 2023 through and including 2025. Third Renewal and Amendment of CSC 36742 5 of 10 iii. There will be a $25.00 per stall per day early move-in fee charged for each stall occupied prior to 7:00 a.m. on the first move-in day in each respective year contracted. k. W. R. Watt Arena i. $250 - Per Move In or Move Out Day ii. $500 - Per Exercise Day (12 hours climate controlled) iii. $1,000 - Per Show Day(All show hours climate controlled) I. Equestrian Multi-Purpose Building Exercise Arenas i. $500 - Per Arena per Move In, Exercise or Move Out Day ii. $1,000 - Per Arena per Show Day M. Equestrian Multi-Purpose Building Stalls i. $50 - Per stall used in years 2018 through and including 2022 ii. $60 - Per stall used in years 2023 through and including 2025. iii. There will be a $25.00 per day fee charged per stall occupied prior to 7:00 a.m. on the first move-in day or after midnight on the move-out day in each year contracted. n. Centennial, McFarland, French Rooms and office areas i. No charge during all contracted dates o. Cattle Barn 2, 3, and 4 i. $50 - Per stall used in years 2018 through and including 2022 ii. $60 - Per stall used in years 2023 through and including 2025. V. There will be a $25.00 per day fee charged per stall occupied prior to 7:00 a.m. on the first move-in day or after midnight on the move-out day in each year contracted. P. Show Arena i. $100 - Per Move In or Move Out Day ii. $300— Per Show Day q. The Pavilion with arena (approximately 125' x 250' in size) i. $500 - Per Move In or Move Out Day ii. $500 - Per Exercise Day iii. $1,000 - Per Show Day r. The following City facilities are not included in the list of Facilities set forth in Exhibit A., Section III.A; however, if Licensee wishes to use any of the following additional City facilities for any annual Event, then Licensee must submit an annual request. Licensee must pay the Rental Rates set forth below in the event that the City grants the Licensee the right to use such additional facilities. Any additional facility used by the Licensee for any given Event will be included in the definition of Facility or Facilities and be subject to the terms and conditions of this Agreement. Notwithstanding anything to the contrary, the additional City facilities are subject to annual availability, and the City does not guarantee any availability for such additional City facilities. Third Renewal and Amendment of CSC 36742 6 of 10 i. East and Central Texas Rooms (a) $300— Per move in and move out day (b) $1,250— Per show day ii.. East Texas Room (a) $200 — Per move in or move out day (b) $900— Per show day iii. West Texas Room (a) $300— Per move in and move out day (b) $1,250— Per show day iv. Round Up Inn (a) $300— Per move in and move out day (b) $850— Per show day V. South Texas (a) $400— Per show day vi. Silver Spur (a) $300— Per show day vii. Will Rogers Suite (a) $500— Per show day V. Portable Stalls i. Licensee must rent portable stalls directly from City or City's current contracted vendor. ii. Licensee will pay for all portable stalls ordered whether used or unused at the contracted rate in effect at the time of order. Licensee understands and agrees that if for any reason the City's contractor defaults on its contract with City to provide stalls, Licensee agrees to pay the cost per stall charged to City by any replacement vendor. City agrees to use its best effort to obtain the lowest market price available from replacement vendor to provide portable stalls. iii. Licensee must use and pay rental for all City-owned stalls prior to occupying portable stalls from the City's current contract vendor. W. In order to establish actual rental fees for the Facilities, Licensee must submit to City, in writing, its confirmation of intent to license the Facilities and its intended use of each Facility (i.e. move-in, show, etc.) over the contracted dates no later than February 161 of each respective contract year. Licensee's written confirmation is solely for the purpose of establishing Licensee's intent to license the Facilities and to establish the use and respective rental fees of each Facility. The City does not guarantee any availability for additional dates or Facilities. Any reduction or addition to the number of facilities listed above must be mutually agreed upon between the parties. X. Any additional facilities that are licensed to the Licensee in accordance with this section shall be included in the definition of Facility or Facilities and be subject to the terms and conditions of this License Agreement. Y. All events must end by midnight unless otherwise stated on the License Agreement and insurance certificate. City will invoice the Licensee at a rate of $500.00 per hour for any additional hour (or portion thereof) in which Licensee occupies space rented for show and/or Event activities between the hours of 12:00 midnight and 7:00 a.m. Third Renewal and Amendment of CSC 36742 7 of 10 Z. The rental rate schedule set forth above shall remain in effect throughout the remaining term of this License Agreement, including any renewal terms past 2025, unless agreed to otherwise, in writing, by the parties. Prior to revising the rental rate schedule, or any portion thereof, the parties agree that they will enter into good-faith negotiations at least eight months in advance of executing such revisions; provided, however, that such timeline will not prevent the parties from executing a mutually agreeable amendment prior to the expiration of such eight month period." 4. Addendum A, "ADDITIONAL LEASE TERMS", Section 4. "COMMERCIAL EXHIBITOR/VENDOR SPACE", is hereby amended and reads as follows: "4. COMMERCIAL EXHIBITOR/VENDOR SPACE I. Beginning with the 2021 Event, Licensee will be invoiced $50.00 per designated inside commercial exhibitor space and $150.00 per designated outside commercial exhibitor space for use by approved commercial exhibitors. This fee does not apply to commercial exhibitors located in a designated "exhibits hall/facility" licensed by Licensee for use by commercial exhibitors. City will not provide any tables or chairs for use by commercial exhibitors. II. Licensee may not occupy or allow commercial exhibitors to occupy Amon G. Carter Jr. Exhibit Hall spaces referred to as an overhead door alcove. III. Any use of outside exhibit space must be agreed upon by Licensee and City no later than 120 days before 16t contracted show date for each applicable Event." 5. Addendum A, "PAYMENT SCHEDULE", Section 2 "YEARS 2009 through 2012 (and additional years if applicable) is hereby amended for the purpose of revising the payment schedule of the Events for years 2021 and beyond and shall read as follows: "2. YEARS 2009 THROUGH 2O12 (and additional years, if applicable) a. APHA World Championship Show i. Licensee must pay a $5,000.00 partial Facility rental payment by no later than January 15t" of each contracted year. ii. Licensee must pay a $20,000.00 partial Facility rental payment by May 16t of each contracted year. iii. Licensee must pay, in full, any remaining balance owed within 30 days after receipt of final charges invoice following the conclusion of this Event. b. The Lone Star Gathering i. Licensee must pay a $5,000.00 partial Facility rental payment by no later than January 15t" of each contracted year. ii. Licensee must pay a $15,000.00 partial Facility rental payment by August 16t of each contracted year. iii. Licensee must pay, in full, any remaining balance owed within 30 days after receipt of final charges invoice following the conclusion of this Event." Third Renewal and Amendment of CSC 36742 8 of 10 6. Addendum A, "ANNUAL INCENTIVES", is hereby amended, in whole, for the purpose of setting forth the total incentives for the APHA World Championship Show and The Lone Star Gathering and read as follows: ,ANNUAL INCENTIVES I. APHA World Championship Show A. A discount of 50% of rental fees for Facilities and stalls will be offered with a maximum of $40,000.00 for each of the remaining Events under this License Agreement, including any renewal terms. II. The Lone Star Gathering A. A discount of 50% of rental fees for Facilities, excluding stall, will be offered with a maximum of $20,000.00 for each of the remaining Events under this License Agreement, including any renewal terms." III. MISCELLANEOUS 1. All terms in this Third Renewal and Amendment that are capitalized but not defined have the meanings assigned to them in License Agreement. 2. All terms and conditions of the License Agreement that are not expressly amended pursuant to this Third Renewal and Amendment remain in full force and effect. To the extent that any terms of this Third Renewal and Amendment conflict with the terms of the License Agreement, the terms contained here shall govern. 3. This Third Renewal and Amendment may be executed in several counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. A signature received via facsimile or electronically via email shall be as legally binding for all purposes as an original signature. IN WITNESS WHEREOF, the parties hereto have executed this Third Renewal and Amendment in Fort Worth, Tarrant County, Texas. CITY OF FORT WORTH AMERICAN PAINT HORSE ASSOCIATION 7&Z. �4�=— Ako*t, P. "Mhe-rje-r By.Jesus J.Chapa(SIt 7,20tl14:21 CDT) By. Jay Chapa Alison Umberger Deputy City Manager President Approval Recommended: By.Michael E Crum(Oct 6,2021 17:52 CDT) Michael Crum OFFICIAL RECORD Director of Public Events CITY SECRETARY Third Renewal and Amendment of CSC 36742 FT. WORTH, TX APPROVED AS TO FORM AND LEGALITY: Tyler Wallach Assistant City Attorney a ATTEST: ��FoF oR r�0�� a no rU�l 01—MMOO ���� 0. 0 0 0 Mary Kayser o o �d City Secretary �� o0 o d 00000000 Asap AGREEMENT AUTHORIZATION: No M&C required 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. aaV-"Z lid Name: David Reeves Title: Senior Public Events Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Third Renewal and Amendment of CSC 36742 10 of 10