HomeMy WebLinkAboutContract 32788-A3 CITY SECRETARY
CONTRACT NO. 32-i Be)-A3
AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 32788
LICENSE AGREEMENT
WITH FORT WORTH BOTANICAL SOCIETY, INC.
This AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 32788
("Amendment") is made and entered into this the 20th day of December, 2011, by and between the
CITY OF FORT WORTH, a home-rule municipal corporation of the State of Texas (the "City"),
acting by and through its duly authorized Assistant City Manager, and THE FORT WORTH
BOTANICAL SOCIETY, INC., a Texas non-profit corporation (the "FWBS"), acting by and
through its duly authorized President.
WHEREAS, the City owns a certain piece of property known as the Fort Worth Botanic
Garden, located as 2000 University Drive, Fort Worth, Texas 76107 (the "FWBG"); and
WHEREAS, a portion of the FWBG has been set aside and developed as a Japanese
Garden; and
WHEREAS, since 1973, the FWBS and the City have been party to a series of agreements
pursuant to which the FWBS has operated the Japanese Garden and performed other designated
functions related to the FWBG, with the current agreement being City Secretary Contract Number
32788 (the"Contract"); and
WHEREAS, pursuant to Section 7 of the Contract, FWBS is obligated to operate the
Japanese Garden in a manner that does not exclude any person from benefit or from the provision of
services on the basis of"race, color, national origin, religion, handicap, gender, sexual orientation
or familial status"; and
WHEREAS, under Section 8 of the Contract, FWBS deposits revenue from the Japanese
Garden in an account to be used solely for the "operation, expansion or improvement of the
FWBG"; and
WHEREAS, in accordance with Section 9 of the Contract, FWBS, in consultation with the
City, is charged with "planning and providing for" new construction and improvements in the
FWBG and the Japanese Garden and is charged with performing such construction and
improvements in accordance with all applicable provisions of state and local law; and
WHEREAS, portions of the Japanese Garden are currently difficult or impossible to access
for individuals in wheelchairs or with other mobility challenges; and
WHEREAS, FWBS wishes to undertake improvements to the Japanese Garden to improve
accessibility; and
WHEREAS, on September 20, 2011, the Fort Worth City Council adopted M&C G-17392,
which allocated $250,000.00 in City funds toward the partial funding of these improvements; and
WHEREAS, the parties wish to amend City Secretary Contract Number 32788 to allow
FWBS to coordinate and ensure completion of the needed accessibility improvements using the
allocated City funds and other monies raised by the FWBS.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Amendment to CSC 32788 Paize I of 3
NOW,THEREFORE, City and the FWBS hereby agree as follows:
I.
That Section 8, "Records; Reports and Audits," of Fort Worth City Secretary Contract Number
32788 is hereby amended to add new subsections 8.09 and 8.10 to read as follows:
8.09 City agrees to make a one-time payment of Two Hundred and Fifty Thousand
Dollars ($250,000.00) to the FWBS for deposit into the "Botanic Garden Special
Account," with such funds to be used solely toward the design and construction of
accessibility improvements in the Japanese Garden to provide individuals with
mobility challenges with greater access in and to the Japanese Garden.
8.10 FWBS agrees to maintain complete and accurate records, books, and
accounts according to customary and accepted business practices documenting all
money received and used by FWBS in connection with design and construction of
the accessibility improvements. City or its representatives shall have the right to
audit same at any reasonable time. In addition, financial transactions and statements
related to the design and construction of the accessibility improvements shall be
included in the annual audit required under Section 8.03.
All other provisions of Section 8, "Records; Reports and Audits," shall remain in full force and
effect throughout the term of City Secretary Contract Number 32788 and any renewals thereof.
II.
That Section 9, "Construction; Improvements; Licenses," of Fort Worth City Secretary Contract
Number 32788 is hereby amended to add new subsections 9.05 and 9.06 to read as follows:
9.05 FWBS shall provide for and manage the construction of accessibility
improvements to the JG in accordance with the requirements of Subsections 9.01 and
9.02 and shall undertake a competitive bidding process to select a contractor to
complete the improvements.
9.06 In accordance with City Code, the City has goals for the participation of
minority business enterprises and woman business enterprises ("M/WBE") in City
contracts. FWBS acknowledges the M/WBE goal for the accessibility improvements
is twenty-five percent (25%) of the City-allocated funding and acknowledges its
commitment to ensuring that its contractor meets that goal. Any misrepresentation
of facts (other than a negligent misrepresentation) and/or the commission of fraud by
FWBS's contractor may result in debarment from participating in City contracts for a
period of time of not less than three (3) years
All other provisions of Section 9, "Construction; Improvements; Licenses," shall remain in full
force and effect throughout the term of City Secretary Contract Number 32788 and any
renewals thereof.
Amendment to CSC 32788 Page 2 of 3
III.
All other terms and provisions of City Secretary Contract Number 32788 shall remain in full
force and effect except as specifically amended herein.
IN WITNESS WHEREOF, the parties hereto ha a executed this agreement in multiples in
Fort Worth, Tarrant County, Texas, this day of2011.
CITY OF FORT WORTH FORT WORTH BOTANICAL
SOCIETY,INC.
By:
Susan Alanis Dolores Geisel
Assistant City Manager President
Ar r Rv`v'ED AS 11'0% F^ORM AND LEGALITY:
By:
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Assista t City Att ey
CONTRACT AUTHORIZATION:
M&C G-17392
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OFFICIAL RECORD
CITY SECRETARY
Amendment to CSC 32788 FT. WORTH, M&3 f3
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoRm
COUNCIL ACTION: Approved on 9/20/2011 -Ordinance No. 19918-09-2011
DATE: 9/20/2011 REFERENCE NO.: G-17392 LOG NAME: 80ADA IN THE
JAPANESE GARDEN
CODE: G TYPE: NOW PUBLIC CONSENT HEARING:
NO
SUBJECT: Authorize Third Amendment to City Secretary Contract No. 32788 with the Fort Worth
Botanical Society, Inc., to Provide for Construction of Accessibility Improvements to the
Japanese Garden with City Participation in the Amount of$250,000.00 from the Risk
Management Fund, Accept Donation of Society's Contribution Toward Improvements
Valued at Approximately $350,000.00, Authorize Transfer of Funds and Adopt
Appropriation Ordinance (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a Third Amendment to City Secretary Contract No. 32788
with the Fort Worth Botanical Society, Inc., to allow the Fort Worth Botanical Society, Inc., to award
and administer contracts for the construction of accessibility improvements to the Japanese Garden
at the Fort Worth Botanic Garden with City participation in the amount of$250,000.00 from the Risk
Management Fund;
2. Authorize the transfer of$250,000.00 from the Risk Management Fund to the Specially Funded
Capital Projects Fund to partially cover costs associated with accessibility improvements to the
Japanese Garden at the Fort Worth Botanic Garden;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Specially Funded Capital Projects Fund in the amount of$250,000.00; and
4. Upon completion of accessibility improvements, accept donation of the Fort Worth Botanical
Society, Inc.'s contribution to the project, which is valued at approximately $350,000.00.
DISCUSSION:
The purpose of this M&C is to enable the City of Fort Worth to address accessibility issues at the
Japanese Garden at the Fort Worth Botanic Garden. The Mayor and Council Communication (M&C)
authorizes the City Manager to execute an Amendment to the current License Agreement between
the City and the Fort Worth Botanical Society, Inc. (Society), to allow the Society to award and
administer contracts for the construction of the needed accessibility improvements. The Second step
is to provide for City participation in the project in the amount of$250,000.00 from the Risk
Management Fund and to authorize fund transfers and adopt appropriation ordinances to allocate
City funding. Lastly, the M&C seeks authority to accept the Society's contribution to the completed
improvements, a contribution valued at approximately $350,000.00.
The Society desires to improve accessibility to the upper west side of the Japanese Garden for
visitors with mobility challenges as well as those with strollers. The Society has employed Al Komatsu
and his team of professionals to design an ADA-compliant path from the main entrance gate to the
pavilion located on the upper west side of the Garden. The improvements will include a route to
access the lower portion of the Garden from this new west side ADA-compliant path.
The estimated cost of these improvements will exceed $600,000.00. Due to the fact that this project
will further compliance with federal and state accessibility regulations, Staff is recommending the
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15831&council date=9/20/201 1 12/21/2011
M&C Review Page 2 of 2
appropriation and use of$250,000.00 of Risk Management funds as a match for the funding from the
Society. In addition, pursuant to the terms of City Secretary Contract No. 32788, the City will waive
permit fees to the extent permitted by law. It is anticipated that this project will begin in late Summer
2011 and will take three months to complete.
The Amendment to the License Agreement will allow the Society and their designated design
engineers/architects, contractors and vendors access to the park throughout the term of the
project. The Parks and Community Services Department will review and approve plans for design
and installation of improvements in the Garden.
At their May 25, 2011 meeting, the Parks and Community Services Advisory Board concurred with
Staffs recommendation to accept the Society's contribution to the accessibility improvements valued
at approximately $350,000.00.
The proposed expenditure of Risk Management Funds complies with the City of Fort Worth's
Financial Management Policy Statements.
The Fort Worth Botanic Garden is located in COUNCIL DISTRICT 7 and serves the entire City of Fort
Worth.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations and adoption of the attached Appropriation Ordinance funds will be available in the
current capital budget, as appropriated, of the Specially Funded Capital Projects Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
22&3) 2) FE71 538070 0137140 $250.000.00
C291 472071 807440177280 $250,000.00
3) C291 541200 807440177280 $250.000.00
3)C291 541200 807440177280 $250.000.00
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: Sandra Youngblood (5755)
ATTACHMENTS
80ADA IN THE JAPANESE GARDEN Rec3 AO.doc
JG ADA BOARDWALK.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15 831&councildate=9/20/2011 12/21/2011