HomeMy WebLinkAboutContract 32788-A7R3 NFQ SEVENTH AMENDMENT AND RENEWAL OF
CITY SECRETARY CONTRACT NO. 32788
AN AMENDED AND RESTATED AGREEMENT BETWEEN
��s�A YAK THE FORT WORTH BOTANICAL SOCIETY, INC.
AND THE CITY OF FORT WORTH
THIS SEVENTH AMENDMENT AND RENEWAL OF CITY SECRETARY
CONTRACT NUMBER 32788, is made and entered into by and between The City of Fort
Worth, a home-rule municipal corporation of the State of Texas ("City"), acting by and through
its duly authorized Assistant City Manager, and the Fort Worth Botanical Society, Inc., a Texas
non-profit corporation ("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 at 3220 Botanic Garden Boulevard, Fort Worth, Texas 76107 ("Botanic
Garden");
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 Botanic Garden, with the current agreement being Fort Worth
City Secretary Contract ("CSC")Number 32788, as amended and renewed by CSC Nos. 35186,
32788-A2, 32788-A3, and 32788-RI A4, 32788-A5, and 32788-A6R2 ("Agreement");
WHEREAS, on November 15, 2017, the City Council authorized the acceptance of the
Fort Worth Botanic Garden Strategic Plan ("Plan"), which included the goal of reorganizing
support groups and increasing private support for the Botanic Garden;
WHEREAS, on March 28, 2017, the City Council approved the execution of an
amended and restated agreement between the City and FWBS to carry out the reorganization of
support groups as identified in the Plan (M&C C-28165), which resulting in the execution of
CSC No. 32788-A5;
WHEREAS, CSC No. 32788-A5 authorized two consecutive six-month renewal periods;
WHEREAS, through CSC No. 32788-A6R2 the City and FWBS exercised the first six-
month renewal period and amended the Agreement to address the transfer of funds by FWBS to
the City, the deposit of future revenue with the City, establishment of the City's responsibility
for repairs required under the sublease between the FWBS and the food service vendor, and
authorizing separate agreements for special events in the Botanic Garden, as authorized by the
City Council in M&C C-28533 (Revised);
WHEREAS, the City and FWBS desire to execute the second six-month renewal period;
WHEREAS, the City has issued a request for proposals to select a food service vendor
for the Gardens Restaurant;
OFF IL� L F'1ECO D
Seventh Amendment and Renewal of CSC 32788 CI- SKMARV
Fort Worth Botanical Society,Inc. FT. WORTH,TX
WHEREAS, the City and FWBS desire to amend the agreement to address the City's
selection of a new food service vendor;
NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the
sufficiency of which is hereby acknowledged, the City and FWBS hereby agree to amend the
Agreement as follows:
I.
Section 3.02 of the Agreement is amended to add the following:
The parties agree to renew the Agreement for the Second Renewal Term which shall
begin on October 1, 2018 and shall remain in effect until 11:59 p.m. on March 31, 2019.
H.
Section 6.03 of the Agreement is amended to be a read as follows:
6.03 Gardens Restaurant.
a. The Parties acknowledge that the FWBS currently subleases the Gardens
Restaurant through an agreement with Arif and Ripika Fazal, the same being recorded
with the City Secretary as CSC No. 32788-01 ("Gardens Restaurant Sublease"). The
rights granted to FWBS in this Agreement to maintain and operate the Gardens
Restaurant and as described in the Gardens Restaurant Sublease as the Master Lease shall
be referred to herein as the "Master Lease." FWBS shall ensure that the Gardens
Restaurant is operated and maintained as a restaurant, open to the general public and
patrons visiting the Botanic Garden. The Gardens Restaurant shall be operated and
maintained in accordance with this Agreement and all industry standards governing the
same. Any amendments to the Gardens Restaurant Sublease shall be subject to review
and approval by the City prior to execution.
b. The Parties agree that on August 8, 2018 the City issued a request for proposals,
RFP #18-0389, to allow the City to directly contract with a new vendor to operate and
maintain the Gardens Restaurant and catering services at the Botanic Garden. The Parties
agree that the Master Lease, the Gardens Restaurant Sublease, FWBS's lease of an area
within the Rock Springs Building at the Botanic Garden Commonly known as the
Gardens Restaurant as set forth in section 4.01 of this Agreement, and the non-exclusive
license granted to FWBS to use the north entrance joint usage area of the Rock Springs
Building and the middle room of the Triplex Building as set forth in section 4.02 of this
Agreement will terminate and be of no further effect upon the earlier of. (1) the
expiration of this Agreement; (2) the early termination of this Agreement; or (3) the date
indicated in a written notice delivered by the City to FWBS. The City agrees to negotiate
Seventh Amendment and Renewal of CSC 32788 Page 2 of 4
Fort Worth Botanical Society, Inc.
with FWBS, if necessary, regarding any restaurant or catering events that were scheduled
with Arif and Ripika Fazal under the Sublease that will occur after the Sublease is
terminated.
C. Within thirty (30) calendar days following the expiration or early termination of
this Agreement, FWBS shall make available to the City accounting records received by
FWBS under the Gardens Restaurant Sublease for the full term of the sublease along with
records showing the total revenue received by the FWBS resulting from the Gardens
Restaurant Sublease.
d. The City shall contract and pay for repairs required under the Gardens Restaurant
Sublease.
III.
1. All terms of this Seventh Amendment and Renewal of City Secretary Contract No. 32788
that are capitalized but not defined shall have the meanings assigned to them in the Agreement.
2. All term and conditions of the Agreement that are not expressly amended pursuant to this
Seventh Amendment and Renewal of City Secretary Contract No. 32788 shall remain in full
force and effect.
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Seventh Amendment and Renewal of CSC 32788 Page 3 of 4
Fort Worth Botanical Society,Inc.
IN WITNESS WHEREOF, the parties have executed this Seventh Amendment and
Renewal of City Secretary Contract no. 32788 on the dates set forth below, to be effective upon
the date of execution by the City's Assistant City Manager.
CITY OF FORT WORTH FORT WORTH BOTANICAL SOCIETY,
INC.
By: By
Fernando Costa Erdie Allsup
Assistant City Manager President
Date: //l8///8 Date: r
Recommended by:
chard Zavala, Director
P •k & Recreation Department
APPROVED AS TO FORM AND LEGALITY:
Richard A.McCracken
Assistant City Attorney
on F
ATTEST: a�-1
1
ary J. Kays `ZJ
City Secretary XS')...
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.
Bob Byers
Director, Fort Worth Botanic Garden
OFFICIAL RECORD
Seventh Amendment and Renewal of CSC 32788 CIN SrAKTARY
Fort Worth Botanical Society,Inc. FT. WORTH,TX