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Home My WebLink AboutContract 41269-R1 CITE'SECRETARY CONTRACT NO 14) a.(09 RENEWAL OF CONTRACT FOR EXCLUSIVE CONCESSIONS AND ALCOHOLIC BEVERAGE SERVICES AT THE WILL ROGERS MEMORIAL CENTER STATE OF TEXAS COUNTY OF TARRANT THIS RENEWAL CONTRACT is made and entered into this the (' day of �-- y �. 2011, by and between the CITY OF FORT WORTH a home rule municipal } pa corporation of the State of Texas located within Tarrant, Denton, and Wise Counties, Texas hereinafter referred to as "City") acting by and through its duly authorized Assistant City Manager, and COBURN'S CATERING SERVICE, INC. (`OPERATOR"), a Texas corporation, and actin g y g b and through JERRELL COBURN, its duly authorized President. WHEREAS, on December 14, 2010, the City Council, via M&C C-24648, authorized the City Manager to execute a six month contract styled as City Contract 41269 with Coburn's Caterin g Service Inc.to provide exclusive concession and alcoholic beverage services at the Will Rogers Memorial Center WHEREAS,the Contract between the City and Operator provided for a six-month rima term P ry beginning January 1, 2011 and for one (1) seven(7) month renewal option thereafter; and WHEREAS, the City and Operator mutually desire to amend the Agreement to modify the leased premises and to exercise the seven month extension; and NOW,THEREFORE,City and Operator mutually agree to amend the Agreement as follows: 1. Section 2, Term of Contract, is hereby amended to read as follows: Section 201. TERM OF CONTRACT. This contract shall be in effect for a period of seven months, beginning July 1,2011 and ending January 31, 2012. Upon expiration of the renewal term or extension and upon the request of the City, Concessionaire agrees to hold over under the terms and conditions of this Contract for such a period of time as is reasonably necessary to obtain a replacement Concessionaire, provided such period shall not exceed ninety(90)days. 2. Section 6. Food and Beverage Premises and Rights, Section 6.1, 6.3 and 6.4 is hereby amended to read as follows: Section 6.1 Premises, OFFICIAL RECORD The CITY will make available to OPERATOR those concession pr A as n� aeftfAWyt amended, which, subject to the supervision of the Director of Public Event Di i or for the purposes of performing this AGREEMENT, and except as otherwise O the exclusive control of OPERATOR ("the food and beverage premises") subject to the exclusions in this section. Section 6.3 Concession Rights The concession rights and privileges herein granted are the exclusive rights to make direct sales to the public of all food, candy, sandwiches, popcorn, and beverages, alcoholic and non-alcoholic beverages and to provide CONCESSION SERVICES (as defined herein),customarily handled b y a concessionaire at any and all events held at the CENTER except that the CITY retains the ri ht to: I. Grant permission for food and beverage items of sample size to be given away on the premises by exhibitors who are in the business of producing and/or selling such items. In no event shall ALCOHOLIC BEVERAGE samples be provided. 2. Exclude the following events: a. Southwestern Exposition and Livestock Show, ("Stock Show") During any period of time the CENTER is leased to and used by the Stock Show, for the annual Stock Show and such other non-ticketed, private events which the Stock Show may from time to time host within the CENTS all concessions, catering and ALCOHOLIC BEVERAGE services rights will be g ranted to the Stock Show. The Stock Show will have full authority to enter into contracts with vendors for various g oods and services during their lease of the CENTER for the Stock Show. OPERATOR agrees it will lease all equipment, permanent and portable stands, storage space, commissary areas, and all other equipment and improvements (excluding OPERATOR'S office and administrative equipment) to the Stock Show's contractor for the amount of One Thousand Dollars ($1,000) annually. OPERATOR will be permitted to continue to use and occupy its designated administrative office space during the Stock Show. The Stock Show may hold additional private, non ticketed events during other periods of the year under the same terms and conditions. b. Cowtown Marathon. During the period of time the CENTER is leased to and used for the Fort Worth Cowtown Marathon, permission to distribute sponsor donated p roducts used solely for the hydration and consumption of the runners will be granted during the Cowtown Marathon. OPERATOR will maintain all other food, beverage and alcohol rights during the event. C. Jewel CharityBalI. During the Jewel Charity Ball, the City retains the rights for alcoholic beverage services. 3. The CITY, through its Director, retains all rights to the food, beverage and alcoholic beverage services and privileges in the Backstage CIub and Centennial Room. 4. Promulgate reasonable rules and regulations for the OPERATOR necessary for the operation of the CENTER. 5. Reasonably restrict the length of time before and after the time of the performance or Contract Renewal Coburn's Catering Service Page 2 of 5 function, in order to ensure that sales will not interfere with the conduct of the p erformance or function Bing served. 6. The CITY, through its Director, retains the right to approve the form and p rice of products; provided that, the CITY agrees that it will not enter into any agreements after the date hereof (other than an agreement relating to exclusive pouring rights for soft drinks (carbonated or non- carbonated, non-alcoholic beverages) or an agreement relating to naming rights of the arena facility ty within the CENTER that limit or restrict or otherwise contravene an y AGREEMENT between OPERATOR and a service provider for concessions and ALCOHOLIC BEVERAGE service or advertising in the CENTER, unless such AGREEMENTS are approved in writing y b OPERATOR which approval will not be unreasonably withheld, conditioned or delayed. 7. The print pattern to be used on all containers, cups, bags, plastic ware, etc. used by OPERATOR shall be approved in advance by the Director. 8. The rights for CONCESSION SERVICES shall not include the right to sell video or audio tapes, compact discs (CDs), non-food sundry items, including but not limited to t-shirts film aspirin, postcards, programs, souvenir books, or other printed matter of a like nature or copyrighted novelties, However, DIRECTOR OR HIS DESIGNEE may r require permit � OPERATOR to sell such items from time to time upon reasonable notice and upon such terms as may be negotiated with OPERATOR. 9. The Director reserves the right to allow outside vendors to provide unique specialty items p ty during certain events; provided that, when so permitted, the OPERATOR is able to reach mutually agreeable, commercially prevailing and reasonable terms with such vendor and CITY includin g, without limitation, those regarding the sub-AGREEMENT and the percentage of the vendor's g ross sales which is to be split equally by OPERATOR and CITY. 10. The OPERATOR shall not sell space for either temporary or permanent signs. 11. The CITY presently has in place a "Pouring Rights Agreement" with Coca Cola Enterprises Inc. d/b/a Coca Cola Bottling Company of North Texas and a "Snack Vending Agreement" with Intellivend. All fountain service soft drinks and beverages that are to be sold in individual containers by the OPERATOR must be purchased from Coca Cola, includin g bottled water. Brewed coffee, iced tea, or individual containers of milk are permitted exceptions to the "Pouring Rights Agreement". 12. The City of Fort worth Public Events Department and/or will Rogers Memorial Center shall have the right to negotiate Agreements with vendors of food and beverage products for advertising rights and product exclusivity. The OPERATOR shall not enter into an y agreement reement Contract Renewal Coburn's Catering Service Page 3 of 5 with vendors, on their own, which could compromise the terms of existing City of Fort Worth Public Events Department and/or Will Rogers Memorial Center Agreements and/or Agreements. 6.4. ALCOHOLIC BEVERAGES ALCOHOLIC BEVERAGE sales will be allowed unless the LICENSEES leasing the CENTER request the Director to prohibit sale of ALCOHOLIC BEVERAGES during LESSEE'S event and the Director concurs with this request. The OPERATOR agrees that it will not license the property in such a way that will prohibit the issuance of licenses for ALCOHOLIC BEVERAGES by the Stock Show referenced in Article 6.3.2a or for alcoholic beverage services in the Backstage Club and Centennial Room as referenced in Article 6.3.3. 3. All of the terms and provisions of the original Contract between the City and the Concessionaire shall remain in full force and effect except as specifically amended herein. (SIGNATURES APPEAR ON THE FOLLOWING PAGE) Contract Renewal Cobum's Catering Service Page 4 of 5 IN WITJYSS WHEREOF, the parties hereto have executed this AGREEMENT in multiples this day of `,-�. , 2011. CITY OF FORT WORTH: COBURN'S CATERING SERVICE INC. r [ � QSan y� Alanzs Name: Je ell Coburn Assistant City Manager Title: Pr sident Date: Date: RECOMMENDED: By: Kirk N. Slaughter Director of Public Events APPROVED AS TO FORM AND L ALITY: By: Cheri K. 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