Authorize Amendment to Mayor and Council Communication P-12321 Approving an Agreement with Kelcher Entertainment Group for Restaurant and Catering Services for the Fort Worth Botanic Garden to Approve a Three Year Initial Term with Two One-Year Renewals and Payment to the City of Thirty Percent of Catered Alcohol Sales (ALL COUNCIL DISTRICTS)

It is recommended that the City Council authorize an amendment to Mayor and Council Communication P-12321 approving an agreement with Kelcher Entertainment Group for restaurant and catering services for the Fort Worth Botanic Garden to approve a three year initial term with two one-year renewals and payment to the City of thirity percent of catered alcohol sales.

The purpose of this Mayor and Council Communication (M&C) is to authorize an amendment to M&C P-12321 approving an agreement with Kelcher Entertainment Group for the restaurant and catering services for the Fort Worth Botanic Garden to approve revised contract terms.

On April 9, 2019, the City Council approved M&C P-12321, awarding an agreement with Kelcher Entertainment Group. During final contract negotiations, it was determined that terms of the contract needed to be revised to successfully create a long term, mutually beneficial financial relationship. Two terms of the contract are being proposed for revision.

1. The proposed amended term is a three year initial contract with two one-year renewals rather than one year initial contract with four one-year renewals. This will yield a more consistent level of service which will benefit both organizations.

2. The 30% payment to the City for alcohol sales will apply only to catered events.  Kelcher Entertainment Group will make payments to the City in the amount of 30% of all catered alcohol sales, 20% of all catered food sales, and 10% of Botanic Garden Restaurant and Concessions revenue.

Staff further reviewed the contract terms after comments made by Mayor and Council, the contract will include the requirement that Kelcher Entertainment Group will supply City Staff with TABC financial paperwork and sales tax report documentation.

The Fort Worth Botanic Garden is located in COUNCIL DISTRICT 7, but serves the entire City of Fort Worth.