HomeMy WebLinkAboutContract 56502 CSC No. 56502
SERVICE AGREEMENT
Event Hire
Thirst Mobile Bar, LLC
This Bartending Contract (the "Contract") is made effective as of 9/9/21 , by and
between Dana Burghdoff (the "Client"), and Thirst Mobile Bar, LLC ("Thirst") of PO
BOX 79403, Keller, Texas 76179.
Thirst desires to provide bartending services to Dana Burghdoff and the Client
desires to obtain such services from Thirst for such event to take place on
11/20/21
THEREFORE, in consideration of the mutual promises set forth below, the parties agree as
follows:
1. DESCRIPTION OF SERVICES. Thirst will provide to the Client bartending services
(collectively, the "Services"): to include bar rental, bartending service as requested,
non-alcoholic beverages, and supplies.
Event Information provided by the Client
Type of Event= Fort Worth Public Library Reception
Number of Guests= 300
Date and Time of Event= 11/20/21. 6-8pm
Name of Venue and/or address= Fort Worth Public Library,500 W 3rd St., Fort Worth,TX 76102-7305
Bar Rental= Portable Bar, mocktail-only menu
Number of Bartenders= 4
Add-Ons= 2 bars included in price
I verify that I am at least 21 years of age, and will provide proof of a valid Government ID when
signing this service agreement. Examples of valid Government IDs include: driver's license from
a U.S. State, federal or state ID card, Military ID card, or U.S. Passport.
Initial here:9-
I acknowledge that Thirst Mobile Bar, LLC, is a dry-hire bar, and that any and all alcohol must be
purchased by myself or others of legal age involved in the planning process.
Initial here:
2. RIGHTS AND RESPONSIBILITIES OF THE BARTENDER. Thirst affirms that he/she/they
know(s) state and local laws concerning the sale of alcoholic beverages and shall follow the
applicable liquor laws. Thirst shall follow measures to ensure that only persons of legal drinking
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
age are served alcoholic beverages. Guests who appear to be underage may be asked to
provide ID. Thirst shall also exercise discretion in serving alcoholic beverages to guests. Thirst
reserves the right to refuse to serve alcoholic beverages to any guest if he or she believes that
such guest is intoxicated and is acting in a manner that could be detrimental to either
himself/herself or other guests. Thirst will prepare all necessary cocktail items, garnish, and
stock items. Thirst will provide the necessary tools, i.e. cups, wine key, bottle opener, pourers,
etc.
3. LOCATION AND PERMITS. Location selection for providing bartending services and
compliance with all location permits, rules and/or regulations, including but not limited to liquor
licenses, are the sole responsibility of the Client.
4. PAYMENT. The Client agrees to pay Thirst, in consideration of the Services contracted for,
the minimum of$600.00, $300.00 of which is a deposit fee due upon signature of this Contract.
If invoice amount is under$600, the amount must be paid in full, and will follow the cancellation
and refund policy below.Any add-ons selected in the estimates and/or contract have an
additional cost, outlined in the Estimate, and the remaining balance to be paid in full 15 days
prior to your event date. Payment shall be made to Thirst Mobile Bar, LLC, via:
• Invoice link sent via email
• Cashier's check mailed to PO BOX 79403, Fort Worth, Texas 76179,
• Venmo (@thirstmobilebar) or
• Credit/debit card on the website, www.thirstmobilebar.com or
• Credit/debit card paid in-person.
No cash will be accepted for payments in full.
Any Services requested that exceed the contracted time period and which are granted by Thirst
will be charged at the rate of$100.00 per hour. It may not always be possible to provide
additional bartending time. Requests for extended bartending time will be accommodated only
when feasible.
If any invoice is not paid when due, interest will be added to and payable on all overdue
amounts at 10 percent per month, or the maximum percentage allowed under applicable laws,
whichever is less. The Client shall pay all costs of collection, including without limitation,
reasonable attorney fees.
In addition to any other right or remedy provided by law, if the Client fails to pay for the Services
when due, Thirst has the option to treat such failure to pay as a material breach of this Contract,
and may cancel this Contract and/or seek legal remedies.
Invoice amount to be paid: $1,880
5. TERM. This Contract will terminate automatically upon completion by Thirst of the Services
required by this Contract.
6. CANCELLATION & REFUND POLICY. Cancellation or date rescheduling of this Contract by
the Client must be received in writing. If the event is cancelled or rescheduled more than 30
days prior, a full deposit ($300)will be refunded. If the event is cancelled or rescheduled 29-15
days prior, only half of the deposit ($150)will be refunded. If the event is cancelled or
rescheduled 14 days or less prior, none ($0) of the deposit will be refunded.
If the Client cancels on the day of his/her/their event due to an emergency, Thirst will keep the
amount spent on supplies and work with the Client on rescheduling and refund.
Refund Dates
Today's Date: 9/9/21
Full Refund Date: 10/21/21 (30+ Days Prior)
Half Refund Date: 11/5/21 (29-15 Days Prior)
No Refund Date: 11/6/21 (14-0 Days Prior)
7. CONFIDENTIALITY. Thirst, and its employees or representatives will not at any time or in any
manner, either directly or indirectly, use for the personal benefit of Thirst, or divulge, disclose, or
communicate in any manner, any information that is proprietary to the Client. Thirst and its
employees and representatives will protect such information and treat it as strictly confidential.
This provision will continue to be effective after the termination of this Contract.
8. WARRANTY. Thirst shall provide its services and meet its obligations under this Contract in a
timely and workmanlike manner, using knowledge and recommendations for performing the
services which meet generally acceptable standards in Thirst's community and region, and will
provide a standard of care equal to, or superior to, care used by bartenders similar to Thirst on
similar projects/work. Thirst shall be familiar with all state, local, regulations, policies and
guidelines applicable to the serving of alcohol.
9. DEFAULT. The occurrence of any of the following shall constitute a material default under this
Contract:
a. The failure to make a required payment when due.
b. The insolvency or bankruptcy of either party.
c. The subjection of any of either party's property to any levy, seizure, general assignment
for the benefit of creditors, application or sale for or by any creditor or government
agency.
d. The failure to make available or deliver the Services in the time and manner provided for
in this Contract.
10. REMEDIES. In addition to any and all other rights a party may have available according to
law, if a party defaults by failing to substantially perform any provision, term or condition of this
Contract (including without limitation the failure to make a monetary payment when due), the
other party may terminate the Contract by providing written notice to the defaulting party. This
notice shall describe with sufficient detail the nature of the default. The party receiving such
notice shall have 7 days from the effective date of such notice to cure the default(s). Unless
waived by a party providing notice, the failure to cure the default(s)within such time period shall
result in the automatic termination of this Contract.
11. FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is
prevented, restricted, or interfered with by causes beyond either party's reasonable control
("Force Majeure"), and if the party unable to carry out its obligations gives the other party
prompt written notice of such event, then the obligations of the party invoking this provision shall
be suspended to the extent necessary by such event. The term Force Majeure shall include,
without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence,
orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or
wars, or strikes, lock-outs, work stoppages, or other labor disputes, or supplier failures. The
excused party shall use reasonable efforts under the circumstances to avoid or remove such
causes of non-performance and shall proceed to perform with reasonable dispatch whenever
such causes are removed or ceased.An act or omission shall be deemed within the reasonable
control of a party if committed, omitted, or caused by such party, or its employees, officers,
agents, or affiliates.
12.ARBITRATION. Any controversies or disputes arising out of or relating to this Contract shall
be resolved by binding arbitration in accordance with the then-current Commercial Arbitration
Rules of the American Arbitration Association. The parties shall select a mutually acceptable
arbitrator knowledgeable about issues relating to the subject matter of this Contract. In the event
the parties are unable to agree to such a selection, each party will select an arbitrator and the
two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over
the matter. The arbitration shall take place at a location that is reasonably centrally located
between the parties, or otherwise mutually agreed upon by the parties.All documents,
materials, and information in the possession of each party that are in any way relevant to the
dispute shall be made available to the other party for review and copying no later than 30 days
after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify
any provision of this Contract or to award punitive damages. The arbitrator(s) shall have the
power to issue mandatory orders and restraint orders in connection with the arbitration. The
decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment
may be entered in conformity with the decision in any court having jurisdiction. The agreement
to arbitration shall be specifically enforceable under the prevailing arbitration law. During the
continuance of any arbitration proceeding, the parties shall continue to perform their respective
obligations under this Contract.
13. ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties, and
there are no other promises or conditions in any other agreement whether oral or written
concerning the subject matter of this Contract. This Contract supersedes any prior written or oral
agreements between the parties.
14. SEVERABILITY. If any provision of this Contract will be held to be invalid or unenforceable
for any reason, the remaining provisions will continue to be valid and enforceable. If a court
finds that any provision of this Contract is invalid or unenforceable, but that by limiting such
provision it would become valid and enforceable, then such provision will be deemed to be
written, construed, and enforced as so limited.
15. AMENDMENT. This Contract may be modified or amended in writing up to 30 days prior to
the event, if the writing is signed by the party obligated under the amendment.Any amendments
requiring updated pricing will be reflected, communicated and paid in full, 15 days prior to the
event.
16. GOVERNING LAW. This Contract shall be construed in accordance with the laws of the
State of Texas.
17. NOTICE. Any notice or communication required or permitted under this Contract shall be
sufficiently given if delivered in person or by certified mail, return receipt requested, to the
address set forth in the opening paragraph or to such other address as one party may have
furnished to the other in writing.
18. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of
this Contract shall not be construed as a waiver or limitation of that party's right to subsequently
enforce and compel strict compliance with every provision of this Contract.
19. SIGNATURES. This Agreement shall be signed on behalf of the Client and on behalf of
Thirst Mobile Bar, LLC and effective as of the date first above written.
Signed:
✓����� ���o Oct 19, 2021
Dana Burghdoff(Oc 19,2021 14:18 CDT)
Client Date
Chd,5ea Jck A—` 9/10/21
Thirst Mobile Bar, L C Date
Chelsea Schnyer, Owner
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ADDENDUM TO AGREEMENT BETWEEN THE CITY OF FORT WORTH
AND THIRST MOBILE BAR,LLC.
This Addendum is made a part of the Agreement between the City of Fort Worth ("City") and
Thirst Mobile Bar, LLC ("Vendor) for bartending services ("Agreement"), which is attached hereto for
reference.The terms and provision of this Addendum shall control to the extent there is a conflict between
the terms and conditions of this Addendum and the terms and conditions of the Agreement.
I. COMPENSATION
The Vendor shall provide the City with a correct and accurate invoice by the 20th day of each
month for all of the completed services in the immediately preceding month. Vendor will be paid within
thirty days of receipt of a correct and accurate invoice.Total annual compensation under this agreement
will not exceed THREE THOUSAND DOLLARS($3,000.00).Vendor shall not perform any additional
services or bill for expenses incurred for City not specified by this Agreement unless City requests and
approves in writing the additional costs for such services.City shall not be liable for any additional expenses
of Vendor not specified by this Agreement unless City first approves such expenses in writing.
This Agreement shall begin on March 1, 2022 and shall continue through February 28,2023.
II.PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL
If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section
does not apply. Vendor acknowledges that in accordance with Chapter 2270 of the Texas Government
Code,the 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 contract. The terms "boycott Israel" and "company" shall have
the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this
contract,Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1)
does not boycott Israel; and(2)will not boycott Israel during the term of the contract.
III.PROHIBITION ON BOYCOTTING ENERGY COMPANIES
Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as added by
Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or
services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the
City with a company with 10 or more full-time employees unless the contract contains a written verification
from the company that it:(1)does not boycott energy companies;and(2)will not boycott energy companies
during the term of the contract. The terms "boycott energy company" and "company" have the meaning
ascribed to those terms by Chapter 2274 of the Texas Government Code,as added by Acts 2021, 87th Leg.,
R.S.,S.B. 13, §2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement,
by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the
City that Vendor: (1)does not boycott energy companies;and(2)will not boycott energy companies during
the term of this Agreement.
IV.PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION
INDUSTRIES
Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code,
as added by Acts 2021, 87th Leg.,R.S., S.B. 19, § 1,the City is prohibited from entering into a contract for
goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds
of the City with a company with 10 or more full-time employees unless the contract contains a written
verification from the company that it: (1) does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association; and(2)will not discriminate during the
term of the contract against a firearm entity or firearm trade association. The terms"discriminate,""firearm
entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the
Texas Government Code,as added by Acts 2021, 87th Leg.,R.S., S.B. 19, § 1. To the extent that Chapter
2274 of the Government Code is applicable to this Agreement,by signing this Agreement,Vendor certifies
that Vendor's signature provides written verification to the City that Vendor: (1)does not have a practice,
policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and
(2) will not discriminate against a firearm entity or firearm trade association during the term of this
Agreement.
V.AUDIT
Vendor agrees that City will have the right to audit the financial and business records of the Vendor
that relate to this Agreement(collectively "Records") at any time during the Term of this Agreement and
for three (3)years thereafter in order to determine compliance with this Agreement. Throughout the Term
of this Agreement and for three(3)years thereafter,the Vendor shall make all Records available to City on
200 Texas Street, Fort Worth, Texas or at another location in City acceptable to both parties following
reasonable advance notice by City and shall otherwise cooperate fully with City during any audit.
Notwithstanding anything to the contrary herein,this section shall survive expiration or earlier termination
of this Agreement.
VI.INDEMNITY
City shall not be required to indemnify or hold Vendor harmless for any claims, damages, and or
liability of any sort caused by any action taken in connection with the Agreement or Addendum.This shall
also include that the City shall not be required to pay for any attorney's fees,costs,or fees associated with
any claim brought by or against Vendor in connection with this agreement. 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.
VII.NO MANDATORY ARBITRATION
To the extent the Agreement requires mandatory arbitration to resolve conflicts,City objects to
these terms and any such terms are hereby deleted from the Agreement and shall have no force or effect.
VH.IMMIGRATION NATIONALITY ACT
Vendor shall verify the identity and employment eligibility of its employees who perform work
under the Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon
request by City, Vendor shall provide City with copies of all I-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
SHALL 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.
[signature page follows]
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
By: Dana Burghdoff(0c 19,20211 :18 CDT) of this contract,including ensuring all
Dana Burghdoff performance and reporting requirements.
Assistant City Manager
Date: OCt 19) 2021
By:
APPROVAL RECOMMENDED: Timothy Shidal
Administrative Services Manager
�7�d APPROVED AS TO FORM AND LEGALITY:
By:
Marilyn Marvin
Assistant Library Director 1�pn �
By:
ATTEST: Jessika Williams
Assistant City Attorney
Ordinance No.24161-04-2020
By: �f " n CONTRACT AUTHORIZATION:
Ronald Gonzales apF*ORrIlIlaa M&C• N/A
Oo°° °00
Acting City Secretary a J6o
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P o ° c
41
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THIRST MOBILE BAR,LLC.
By:
Name: Chelsea Schnyer
Title: Owner
Date:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX