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HomeMy WebLinkAboutContract 56364-A2R1 CSC No. 56364-A2R1 AMENDMENT NO.2 AND RENEWAL NO.1 TO CITY OF FORT WORTH CONTRACT 56364 This Amendment and Renewal is entered into by and between the City of Fort Worth (hereafter"Buyer"), a home rule municipality, with its principal place of business at 200 Texas Street, Fort Worth, Texas, and Cowtown Concessions, Inc. ("Vendor"), Buyer and Vendor may be referred to individually as a Party and collectively as the Parties. WHEREAS, the parties have previously entered into City of Fort Worth City Secretary Contract No. 56364 (the "Contract"), which was executed on September 24,2021; and WHEREAS, the Parties wish to amend the Agreement to revise Exhibit A Letter of Agreement to increase year 2022 to $35,914.70; WHEREAS,the Parties wish to renew the agreement,as amended,for an additional one- year term. NOW, THEREFORE, the Parties, acting herein by the through their duly authorized representatives, enter into the following agreement: 1. AMENDMENT AND RENEWAL The Agreement is hereby amended as follows: Exhibit A, entitled "Letter of Agreement" attached to this Amendment revises the Exhibit A attached to the Agreement; The parties further agree to renew the Agreement, as amended herein, for an additional one-year period which shall begin upon February 1, 2022 and continue for one year thereafter. 2. ALL OTHER TERMS SHALL REMAIN THE SAME All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. 3. ELECTRONIC SIGNATURE This Amendment may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one and the same instrument.A facsimile copy or computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the same effect as anoriginal. OFFICIAL RECORD ACCEPTED AND AGREED: CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,including By: ensuring all performance and reporting Name: Fernando Costa requirements. Title: Assistant City Manager APPROVAL RECOMMENDED: By: Sasha Kane(Aug22,202 Name: Sasha Kane Title: Sr. Contract Compliance Specialist By Neil Noa (Au 70220916 CDT) Name: Neil Noakes APPROVED AS TO FORM AND Title: Chief of Police LEGALITY: ATTEST: By: % � - 9a .r�e�te Name: Taylor Paris By: Jannette S.Goodall(Aug 23,2022 12:50 CDT) Title: Assistant City Attorney Name: Jannette Goodall ao�FpRr��aa Title: City Secretary �O°°°°°°°°°°°�YOdd CONTRACT AUTHORIZATION: ° o��0, M&C: (None Required) jj�o000 o=d Date Approved: *o o*�d �aaazt�E0000 xpSa ICY Form 1295 Certification No.: N/A COWTOWN CONCESSIONS<INC. P By: a4i� Irt—,' Name: Craig Bed ham Title: Representative OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Exhibit A Letter of Agreement Letter of Agreement RIVER RANCH Cowtowo Goncesmons,'Inc. Event Number: 20190022 600NE 23rd Street Event Date 12/15/2022 STOCKYARDS, Fort Worth,Texas 7,6164 Page: 1 Customer: Event Location: Name City of Fort Worth Westfork Room&Old Town Room Address Line 1 500 NE 23rd Street Address Line 2 City,State Zip Fort Worth,TX 76165 Fort Worth,TX 76164 Contact Person Telephone/Fax 817-392-4182 O-817-624-1111 C-817-929-0463 Email Address gia(A fiyarfanchstockyards,com Event Date December 15,2022 Event Time 11:00 am to 03:00 pm Minimum Number of People Attending: 425 Westfork&Old Town 1.00 $7,000.00 $7,000.00 Exclusive use of the Westfork Room and Old Town Rooms based on a 4-hour event. THIS IS DISCOUNTED FROM THE NORMAL RENTAL OF$8,500 FOR BOTH ROOMS'. Westfork Room: Guest Tables: Catering Tables: (-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 -( _4 _)Drink station(s) Private Entrance (_1_)Dessert station(s) Existing Stage Built in Bar Area Private Men's&Ladies'Restrooms Client Bringing in their own centerpieces Service tables in black Registration in Old Town Old town will have 6 check in stations with 2 tables and 4 chairs each in black. Catering Provided by River Ranch Stockyards 1.00 $20,000A0 $20,000.00 There is a$20,000 min,food&beverage spend for a lunch for Westfork and Old Town Rooms combined.THIS IS A DISCOUNTED PRICE FROM THE NORMAL FOOD&BEVERAGE MINIMUM OF$35,000. MENU TBD. Event Waltstaff 10.00 $130.00 $1,300.00 It is recommended to have one waitstaff per 50 guests. Waitstaff is$130 per staff based on a 4 hour event. Each additional hour is$30 per hour per staff. WAITSTAFF IS PRICED BASED ON 425 GUESTS. Audio Visual 1.00 $3,214.70 $3,214.70 THIS IS AN A/V ESTIMATE BASED ON 2021 EVENT. PRICING WILL BE ADJUSTED ACCORDING TO FINAL QUOTE FROM EAGLE AN Centerpieces 1.00 Centerpieces are$12/table if River Ranch provides them. Client may also bring in their own centerpieces. Event Timeline 1.00 8am-Set Up begins 10:30am-registration and carolers in Old Town 10:45am-Blessing 11 am-Stations open 12:30pm-announcements begin,stations close 3pm-event finished. Customer Event: 20190022 City of Fort Worth Date Printed: 7121122 2:45:39 PM Page 1 'Letter of Agreement RIVER RANCH Cowtown Concessions, ine. Event Number: 20190022 500 NE 23rd Street Event Date: 12/15/2022 _sToclCYaRC7s Fort Worth,Texas 76164` Page: 2 Customer: Event Location: Name City of Fort Worth Westfork Room&Old Town Room Address Line 1 500 NE 23rd Street Address Line 2 City,State Zip Fort Worth,TX 76165 FortWorth,TX 76164 Contact Person Telephone/Fax 817-392-4182 O-817-624-1111 C-817-929-0463 Email Address gia o@riverranchstockyards com Event Date December 15,2022 Event Time 11:00 am to 03:00 pm Minimum Number of People Attending: 425 Please sign and date on last page of agreement to confirm your reservation. Subtotal $31,514.70 Catering/Beverage Fee $4,400.00 Delivery Charge $0.00 Sales Tax $0.00 Total $35,914.70 Customer Event: 20190022 City of Fort Worth Date Printed: 7/21/22 2:45:39 PM Page 2 Letter of Agreement RIVER RANCH covlrtown concessions, inc. Event Number. 20190022 600'NE 23rd Street went Date: 12/15/2022 STC7Ci<vAR.bs Fort Worth,Texas 76164 Page: 3 Thank you for choosing River Ranch Stockyards for your event. We accept your reservation upon the following information,terms and conditions: GUARANTEED ATTENDANCE: We ask you to confirm the total number of guests that will be attending at least(15)business days prior to the date of your event. The attendance figure you provide by that date will not be subject to reduction. if you do:not provide a final attendance figure by that date,then the expected attendance number you supplied above will be used for preparation,staffing and food quantities for your event.--- Initial DE O IT: Payment of this will confirm your reservation and hold your date. All deposits and payments are NON-REFUNDABLE and will be credited to the cost of your event or retained by River Ranch Stockyards if you cancel your event. Cancellations must be submitted in writtina. If deposit is not received by the due date,we may cancel your reservation and we will then have no further obligation to you tinder this agreement. Deposits are transferable to another date,depending on availability.--Initial DEPOSIT PAYMENT SCHEDULE With a signed contract,we require a deposit of the room rental or 25%of the bill,whichever is greater,and event final payment due 15 days prior to your event.Any events with hosted bar tabs require a$1000 deposit and a valid Credit Card on file to be charged at the end of your event.You may choose from a 30, or 90 day paym nt, fan for your remaining balance. e Olt 2nd 3rd Final Due� � Initial COtffl MI�T YOUR-EVENT: We must receive final menu selections,room arrangements and other details at least fifteen(15)days prior to your event After you provide RR with the final selections and arrangements,we will present you with a Banquet Event Order and Room Diagram confirming the specific requirements of your event. Please notify us immediately if you believe that there are any discrepancies between the final selections and arrangements you provided to us and the Banquet Event Order./f there are any changes made to the room layout or Banquet Event Order three(3)days prior to your event date,it will result in a$500.00 fee.We are not responsible for any discrepancies that are not immediately brought to our attention. .. Initial SET UP; If we allow you to supply certain decorations,you will be responsible for complying with any applicable laws,regulations or permitting requirements. Your vendors and suppliers may enter the facility no sooner than three(3)hours prior to the scheduled beginning time of your event,unless other arrangements are made with the Event Coordinator prior to your event.You and your vendors have one(1)hour post-event to collect your belongings.Any additional hours will incur a$500 fee to cover any staff and security that will be required stay with you q:!= Initial CATERINGIBEVERAGE FEE AND SALES TAX: All food and beverage provided is subject to a'catering&beverage fee of 22%. You are responsible far the payment of all state sales tax incurred in connection with your event. If you are tax exempt,a tax exempt certificate will need to be provided for Our files. i initial FOOD AND BEVERAGE SERVICE AND CONSUMPTION: River Ranch Stockyards will provide all food or beverages and you agree that you or your guests will:not bring any food or beverages onto our property without our prior written consent. We reserve the right to confiscate food or beverages that are brought onto our property without our consent.Food or beverages must be consumed during the times specified for your event and may not be removed from our property.No alcoholic beverage are to be brought onto our property at any time. Note:Any;,dietary restrictions must be sent to your coordinator 7 days priors to your event date. — Initial E5TIMATED PAYMENT- Full payment of the estimated charges that include the minimum expenditure,any additional charges,plus the amounts we estimate you will incur for service charges,sales tax and bar charges for hosted bars,less your deposit and payments made,is duetllwma(15)business days prior to your event. Payment may be made by check,cash,or credit card. 7!- Initial PARKING ORDINANCE: River Ranch Stockyards is not resopnsible for any lost or stolen items while your vehicle(s)is parked in the RR parking lot. Unless it is agreed upon in writing,no vehicles are to be left in the RR lot overnight. The RR office reserves the right to have any vehicle(s)towed at the owners expense if left in the RR parking lot at the close of the day and/or event. --- initial YOU ARE RESPONSIBLE FOR YOUR GUESTS CONDUCT: River Ranch asks that you and your guests observe the beginning and ending time for your event, tlt+'e reserve the right to remove anyone from our property who engages in disruptive,violent,profane,intoxicated or abusive behavior. As host of your evert,you agree that you assume full responsibility for the conduct of your guests and for any damages,costs or liabilities caused directly by the gross negligence or wilffuil misconduct of youLoj=,r guests. River Ranch Stockyards reserves the right to shut down your event at any time for disruptive behavior, property damage,or unlawful activity. FC initial ALCOHOL AND MINORS, Any guest under the age of twenty-one(21)is prohibited from requesting or consuming alcoholic beverages at your event. We reserve the right to refuse to serve alcoholic beverages to anyone who we,in our sole MKwtion,determine is intoxicated,impaired or under the age of twenty-one(21).Last call will be 30 minutes prior to tire end time of your event. FC Initial FORCE MAJEURE It is expressly understood and agreed by the parties to this Agreement that,if the performance of any obligations hereunder is delayed or cancelled by reason of war;civil commotion;acts of God;unusually inclement or severe weather conditions;fire;pandemic(including,but not limited to, COVID-19);epidemic;declaration of disaster or emergency by the State of Texas,Tarrant County,or the City of Fort Worth;or other circumstances that are reasonably beyond the control of the applicable party Obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not(collectively referred to as"Force Majeure Event"),the Customer Event: 20190022 City of fort Worth pate Printed: 7/21/22 2:45:39 PM page 3 Letter of agreement RIVER RANCH Cowtown Concessions,Inc. went Number. 20190022 Im 500 NE 23rd Street Event Date. 12/16/2022 STOCKYARDS Fort Worth,Texas 76164 Page. 4 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 went. 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 go�,emment and,as such,is also considered a Force Majeure Event. The party asserting a Force Majeure Event must give written notice and full particulars ofthe 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 complies 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 Agreemerit. Such measures include,but are not limited to(i)education of such agents,employees and subcontractors as to the confidential nature of the Confidential Information;and(ii)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 Rl7EMNIlFICATION 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, aff7iiiates 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 D o Aug 23, 2022 at is Staley Representative,Company Representative,Customer Custome.r Event 20190022 City of Fort Worth Date Printed: 7/21/22 2:45:39 PM Page4