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HomeMy WebLinkAboutContract 62914Concessionaire Services Agreement - Gateway Park Concession LLC Page 1 of 14 This CONCESSIONAIRE SERVICES AGREEMENT by and between the CITY OF FORT WORTH a Texas home-rule municipal corporation, acting by and through its duly authorized Assistant City Manager, and GATEWAY PARK CONCESSION LLC Concessionaire Texas limited liability company, acting by and through its duly authorized representative, each individually referred to as a and collectively referred to as the WHEREAS, the City owns Gateway Park located at 751 Beach Street, Fort Worth, Texas 76111 ; and WHEREAS, the City desires to have Concessionaire sell food and non-alcoholic beverages to patrons of the Park during sports events only; NOW, THEREFORE, City and Concessionaire agree as follows: 1.Scope of Services. Concessionaire shall have the right to sell food and non-alcoholic beverages in accordance with the terms and conditions of this Agreement at the locations in the Park set forth in Exhibit A of this agreement, which is attached hereto and incorporated herein by reference. 1.1 EQUIPMENT All equipment owned by Concessionaire must be removed from the Park at the end of the Term. Any equipment or other property left by the Concessionaire at the Park for over thirty (30) days will be considered abandoned and will become the property of the City, and the City will dispose of the property as it deems appropriate. Any damages to the Park beyond normal wear and tear caused by Concessionaire will be the responsibility of the Concessionaire. City will send to Concessionaire, by first class mail, an itemized invoice for any damage to the Park. Concessionaire agrees to make payment to the City for the full amount of any damage caused by Concessionaire to the Park within thirty (30) days of the date of the itemized invoice. The City assumes no responsibility for any property placed in Park by Concessionaire or any agent, officer, or employee of Concessionaire. Concessionaire hereby expressly release and discharges City from any and all liability for any property damage or loss arising out of or in connection with, directly or indirectly, the use of the Park pursuant to this Agreement. Certain equipment located in the Park that is owned by the City is listed in Exhibit A-1 of this Agreement, which is attached hereto and incorporated herein by reference. Concessionaire shall have the right to use the listed equipment in performing the sale of CSC No. 62914 Concessionaire Services Agreement - Gateway Park Concession LLC Page 2 of 14 food and non-alcoholic beverages pursuant to this Agreement. Concessionaire shall not 1.2 TRASH DISPOSAL; UTILITES Concessionaire shall be responsible for proper disposal of all trash generated by the concession stand in the Park. 1.3 ALCOHOLIC BEVERAGES Concessionaire shall not be authorized to sell alcoholic beverages in the Park unless authorized by a written amendment to this Agreement executed by City and Concessionaire. 1.4 COMPLIANCE WITH LAWS AND REGULATIONS Concessionaires shall comply with all federal, state, county, and city statutes, laws, and ordinances, including, but not limited to, all local public health, safety, and fire regulations, and all such rules and regulations now or hereafter applicable to the Park or to any adjoining 2.Term. The initial term of this Agreement is for one (1) year(s), beginning on the date that to renew this Agreement under the same terms and conditions, for up to four (4) one-year renewal option(s) 3.Payments 3.1 Concessionaire agrees to pay City a fee of ten percent (10%) of the gross receipts, less taxes, for all food and non-alcoholic beverage sales made by Concessionaire at the Park. The only deduction allowed from the gross amount is the sales tax. 3.2 Payments shall be due no later than the fifteenth (15th) day of each month for all sales occurring the previous month. Concessionaire must deliver to the City an itemized list of gross sales made at the Park with each payment. Payments shall be made to the Park & Recreation Department Director at 100 Fort Worth Trail, Fort Worth, Texas 76102 Payments shall be made in legal tender of the United States. 3.3 GROSS RECEIPTS REFERS TO THE TOTAL AMOUNT OF MONEY RECEIVED, OR TO BE RECEIVED, BY CONCESSIONAIRE OR BY ANY AGENT, EMPLOYEE, OR SUBCONTRACTOR FROM ALL SALES, WHETHER FOR CASH OR CREDIT, WHETHER COLLECTED OR UNCOLLECTED, MADE AS A RESULT OF THE RIGHTS GRANTED UNDER THE AGREEMENT; PROVIDED HOWEVER THAT ANY SALES OR OTHER TAXES IMPOSED BY LOCAL OR FEDERAL LAW WHICH ARE SEPARATELY STATED TO AND PAID BY A PURCHASER OF ANY ITEM SOLD BY CONCESSIONAIRE OR ANYONE ACTING BY OR ON BEHALF OF CONCESSIONAIRE FROM AN AUTHORIZED SERVICE OR ACTIVITY UNDER THIS AGREEMENT AND DIRECTLY PAYABLE TO A TAXING AUTHORITY SHALL BE EXCLUDED Concessionaire Services Agreement - Gateway Park Concession LLC Page 3 of 14 OF ANY SERVICES PROVIDED BY CONCESSIONAIRE, THE SALE OF ANY GOODS, FOOD, BEVERAGE, OR OTHER ITEMS THAT ARE RETURNED BY THE PURCHASER AND ACCEPTED BY CONCESSIONAIRE EXCLUSIVE OF ANY SALES TAX MAY BE DEDUCTED FROM GROSS RECEIPTS . 3.4 Notwithstanding any other provision of this Agreement, nothing herein shall be interpreted to require any expenditure of City funds. 4. Termination. 4.1 Written Notice. City or Concessionaire may terminate this Agreement at any time and for any reason by providing the other party with at least 4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by the Fort Worth City Council in any fiscal period for any payments due hereunder, City will notify Concessionaire of such occurrence and this Agreement will terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated early, Concessionaire will continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Concessionaire will provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Concessionaire has received access to City information or data as a requirement to perform services hereunder, Concessionaire will return all City provided information or data to City in a machine-readable format or other format deemed acceptable to City. 5. Disclosure of Conflicts and Confidential Information. 5.1 Disclosure of Conflicts. Concessionaire hereby warrants to City that Concessionaire has made full disclosure in writing of any existing or potential conflicts of interest related to Concessionaire's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Concessionaire hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information. Concessionaire, for itself and its officers, agents, and employees, agrees that it will treat all information provided to it by City as confidential and will not disclose any such information to a third-party without the prior written approval of City. 5.3 Public Information Act. Concessionaire acknowledges that City is a government entity under the laws of the State of Texas and that as such all documents held or maintained by City may be subject to disclosure under the Texas Public Information Act. In the event there is a request for information marked Confidential or Proprietary, City will promptly notify Concessionaire. It will be the responsibility of Concessionaire to submit to the Office of the Attorney General of the State of Texas reasons objecting to disclosure. A determination 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. Concessionaire Services Agreement - Gateway Park Concession LLC Page 4 of 14 5.4 Unauthorized Access. Concessionaire must store and maintain City information in a secure manner and will not allow unauthorized users to access, modify, delete, or otherwise corrupt City information in any way. Concessionaire must notify the City immediately if the security or integrity of any City information has been compromised or is believed to have been compromised, in which event, Concessionaire will, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and will fully cooperate with City to protect such City information from further unauthorized disclosure. 6.Right to Audit. Concessionaire agrees that City will, until the expiration of three (3) years after final payment under this Agreement or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers, and records, including, but not limited to, all electronic records, of Concessionaire involving transactions relating to this Agreement at no additional cost to City. Concessionaire agrees that City will have access during normal working hours to all necessary Concessionaire facilities and will be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City will give Concessionaire reasonable advance notice of intended audits. 7.Independent Contractor. It is expressly understood and agreed that Concessionaire will operate as an independent contractor as to all rights, privileges, and work performed under this Agreement and not as an agent, representative, or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Concessionaire will have the exclusive right to control the details of its operations and activities and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, and subcontractors. Concessionaire acknowledges that the doctrine of respondeat superior will not apply as between City, its officers, agents, servants, and employees, and Concessionaire, its officers, agents, employees, servants, contractors, and subcontractors. Concessionaire further agrees that nothing herein will be construed as the creation of a partnership or joint enterprise between City and Concessionaire. It is further understood that City will in no way be considered a co-employer or a joint employer of Concessionaire or any officers, agents, servants, employees, contractors, or subcontractors of Concessionaire. Neither Concessionaire nor any officers, agents, servants, employees, contractors, or subcontractors of Concessionaire will be entitled to any employment benefits from City. Concessionaire will be responsible and liable for any and all payment and reporting of taxes on behalf of itself and any of its officers, agents, servants, employees, or contractors. 8.Liability and Indemnification. 8.1 LIABILITY - CONCESSIONAIRE WILL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE, AND PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE, OR INTENTIONAL MISCONDUCT OF CONCESSIONAIRE, ITS OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.2 GENERAL INDEMNIFICATION - CONCESSIONAIRE HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, REPRESENTATIVES, SERVANTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONCESSIONAIRE'S BUSINESS AND ANY Concessionaire Services Agreement - Gateway Park Concession LLC Page 5 of 14 RESULTING LOST PROFITS) AND PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS, MALFEASANCE, OR INTENTIONAL MISCONDUCT OF CONCESSIONAIRE, ITS OFFICERS, AGENTS, REPRSENTATIVES, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION Concessionaire agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for infringement of any patent, copyright, trademark, trade secret, or similar property right arising from use of software or documentation in accordance with this Agreement, it being understood that this agreement to defend, settle, or pay will not apply if City modifies or misuses the software and/or documentation. So long as Concessionaire bears the cost and expense of payment for claims or actions against City pursuant to this section, Concessionaire will have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City will have the right to fully participate in any and all such settlement, negotiations, or lawsuit as agrees to cooperate with Concessionaire in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this Agreement, City will have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Concessionaire will fully participate and cooperate with City in defense of such claim or action. City agrees to give Concessionaire timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding will not eliminate Concessionaire documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained, or if as a result of a settlement or compromise such use is materially adversely restricted, Concessionaire will, at its own expense: (a) procure for City the right to continue to use the software and/or documentation; (b) modify the software and/or documentation to make it non-infringing, provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; (c) replace the software and documentation with equally suitable, compatible, and functionally equivalent non-infringing software and documentation at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Concessionaire, terminate this Agreement and refund any amounts paid to Concessionaire by City, subsequent to which termination City may seek any and all remedies available to City under law. 9.Assignment and Subcontracting. 9.1 Assignment. Concessionaire will not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee will execute a written agreement with City and Concessionaire under which the assignee agrees to be bound by the duties and obligations of Concessionaire under this Agreement. Concessionaire will remain liable for all obligations of Concessionaire under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute a written agreement with Concessionaire referencing this Agreement under which subcontractor agrees to be bound by the duties and obligations of Concessionaire under this Agreement as such Concessionaire Services Agreement - Gateway Park Concession LLC Page 6 of 14 duties and obligations may apply. Concessionaire must provide City with a fully executed copy of any such subcontract. 10.Insurance. Concessionaire must provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any services pursuant to this Agreement: 10.1 Coverage and Limits (a)Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Coverage will be on any vehicle used by Concessionaire or its employees, agents, or representatives in the course of providing s will include any vehicle owned, hired, and non-owned. (c) Workers Compensation: Statutory limits according to the Texas Employers liability $100,000 - Bodily Injury by accident; each accident/occurrence $100,000 - Bodily Injury by disease; each employee $500,000 - Bodily Injury by disease; policy limit (d) Professional Liability (Errors & Omissions): Applicable N/A $1,000,000 - Each Claim Limit $1,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy or through a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage must be claims-made and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance must be submitted to City to evidence coverage. 10.2 General Requirements (a) The commercial general liability and automobile liability policies must name City as an additional insured thereon, as its interests may appear. The term City includes its employees, officers, officials, agents, and volunteers with respect to the contracted services. Concessionaire Services Agreement - Gateway Park Concession LLC Page 7 of 14 (b) must include a Waiver of Subrogation (Right of Recovery) in favor of City. (c) A minimum of t limits of coverage must be provided to City. A minimum of t will be acceptable in the event of non-payment of premium. Notice must be sent to the City in accordance with the notice provision of this Agreement. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. (e) Any failure on the part of City to request required insurance documentation will not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that Concessionaire has obtained all required insurance will be delivered to the City prior to Concessionaire proceeding with any work pursuant to this Agreement. 11.Compliance with Laws, Ordinances, Rules, and Regulations. Concessionaire agrees that, in the performance of its obligations hereunder, it will comply with all applicable federal, state, and local laws, ordinances, rules, and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state, and local laws, ordinances, rules, and regulations. If City notifies Concessionaire of any violation of such laws, ordinances, rules, or regulations, Concessionaire must immediately desist from and correct the violation. 12.Non-Discrimination Covenant. Concessionaire, for itself, its personal representatives, assigns, contractors, subcontractors, and successors in interest, as part of the consideration herein exchanged, agrees that in the performance of Concessionaire will not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON- DISCRIMINATION COVENANT BY CONCESSIONAIRE, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, CONCESSIONAIRE AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13.Notices. Notices required pursuant to the provisions of this Agreement will be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants, or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: Concessionaire Services Agreement - Gateway Park Concession LLC Page 8 of 14 To CITY: City of Fort Worth Attn: Assistant City Manager 100 Fort Worth Trail Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 same address To CONCESSIONAIRE: Gateway Park Concession LLC Attn: Martha Ramirez, Owner 2833 Milan St. Fort Worth, Texas 76112 Email: marthaperez127@gmail.com Phone: 817-353-0497 14.Solicitation of Employees. Neither City nor Concessionaire will, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement without the prior written consent of the other party. Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. 15.Governmental Powers. It is understood and agreed that City does not waive or surrender any of its governmental powers or immunities by execution of this Agreement. 16.No Waiver. The failure of City or Concessionaire to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or Concessionaire on any future occasion. 17.Governing Law / Venue. This Agreement will be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 18.Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired. 19.Force Majeure. City and Concessionaire will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any State; civil disturbances; other national or regional emergencies; or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose uch obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event and an explanation as to how it prevents or soon as reasonably possible after the occurrence of the Force Majeure Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice required by this section must be addressed and delivered in accordance with Section 13 of this Agreement. Concessionaire Services Agreement - Gateway Park Concession LLC Page 9 of 14 20.Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 21.Review of Counsel. The parties acknowledge that each party, and if desired its counsel, have had an opportunity to review and revise this Agreement and that the normal rule of contract construction to the effect that any ambiguities are resolved against the drafting party will not be employed in the interpretation of this Agreement or any exhibits. 22.Amendments / Modifications / Extensions. No amendment, modification, or extension of this Agreement will be binding upon a party hereto unless set forth in a written instrument executed by an authorized representative of each party. 23.Counterparts. This Agreement may be executed in one or more counterparts and each counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute one and the same instrument. 24.Warranty of Services. Concessionaire warrants that its services will be of a high quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty (30) days from the date that the services are completed. In such event, at Concessionaire Concessionaire will either (a) use commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty, or (b) refund any fees paid by City to Concessionaire for the nonconforming services. 25.Immigration and Nationality Act. Concessionaire must verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Concessionaire will provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Concessionaire must adhere to all federal and state laws and establish appropriate procedures and controls so that no services will be performed by any Concessionaire employee who is not legally eligible to perform such services. CONCESSIONAIRE WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONCESSIONAIRE, CONCESSIONAIRE EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR AGENTS. City, upon written notice to Concessionaire, will have the right to immediately terminate this Agreement for violations of this provision by Concessionaire. 26.Ownership of Work Product. City will be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation that are created, published, displayed, or produced in will be the sole and exclusive owner of all copyright, patent, trademark, trade secret, and other proprietary rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from the date of conception, creation, or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product will be considered a "work-made- for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended, Concessionaire hereby expressly assigns to City all exclusive right, title, and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights therein that City may have or obtain, without further consideration or instrument of transfer, free from any claim, lien for balance due, or rights of retention Concessionaire Services Agreement - Gateway Park Concession LLC Page 10 of 14 thereto. 27.Signature Authority. The person signing this Agreement hereby warrants that they have the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance, or other authorization of the entity. This Agreement and any amendment hereto may be executed by any authorized representative of Concessionaire. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 28.Change in Company Name or Ownership. For the purpose of maintaining updated City records, Concessionaire must or address change. The president of Concessionaire or another authorized official must sign the notification. A notification indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, a copy Failure to provide the specified documentation may adversely impact future invoice payments. 29.No Boycott of Israel. If Concessionaire has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Concessionaire acknowledges that, in accordance with Chapter 2271 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 ve the meanings ascribed to those terms in Chapter 2271 of the Texas Government Code. To the extent that Chapter 2271 of the Government Code is applicable to this Agreement, by signing this Agreement Concessionaire certifies that Concessionaire provides written verification to the City that Concessionaire: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. 30.Prohibition on Boycotting Energy Companies. If Concessionaire has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Concessionaire acknowledges that, in accordance with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services 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. s ascribed to those terms by Chapter 2276 of the Texas Government Code. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement Concessionaire certifies that Concessionaire Concessionaire: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 31.Prohibition on Discrimination Against Firearm and Ammunition Industries . If Concessionaire has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Concessionaire acknowledges that, in accordance with Chapter 2274 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services 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 ,s ascribed to those terms in Chapter 2274 of the Texas Government Code. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement Concessionaire certifies Concessionaire Services Agreement - Gateway Park Concession LLC Page 11 of 14 that Concessionaire Concessionaire: (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. 32. Electronic Signatures. This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original d and transmitted versions (e.g. via pdf file, email, or facsimile transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign. 33. Entirety of Agreement. This Agreement contains the entire understanding and agreement between City and Concessionaire, including the assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. (signature page follows) Concessionaire Services Agreement - Gateway Park Concession LLC Page 12 of 14 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples. City: By: ___________________________ Name: Dana Burghdoff Title: Assistant City Manager Date: ___________________________ Concessionaire: By: ___________________________ Name: Martha Ramirez Title: Owner FOR CITY OF FORT WORTH INTERNAL PROCESSES: Approval Recommended: By: ______________________________ Name: Dave Lewis Title: Director Park & Recreation Department By: ______________________________ Name: Kyle McClure Title: Assistant Director Park & Recreation Department Approved as to Form and Legality: By: ______________________________ Name: Trey Qualls Title: Assistant City Attorney Contract Authorization: M&C: N/A Form 1295: N/A 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. By: ______________________________ Name: Sharetta Goodwin Title: District Superintendent Park & Recreation Department City Secretary: By: ______________________________ Name: Jannette S. Goodall Title: City Secretary 03/05/2025 Concessionaire Services Agreement - Gateway Park Concession LLC Page 13 of 14 EXHIBIT A SCOPE OF SERVICES Concessionaire Services Agreement - Gateway Park Concession LLC Page 14 of 14 EXHIBIT A-1 CITY-OWNED EQUIPMENT