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HomeMy WebLinkAboutContract 49874-A1 CSC No.49874-A1 RECEIVED First Amendment to Cooperative Agreement for Management Services OCT 27 2019 between the C'n'CFFORTK,,CRTH Botanical Research Institute of Texas CINSFCREGY and the City of Fort Worth, Texas This First Amendment to Cooperative Agreement for Management Services, ("First Amendment"), is made and entered into by and between the Botanical Research Institute of Texas, a non-profit, 501(c)3 organization located in Fort Worth, Texas, incorporated in the State of Texas and duly recognized under Federal law ("BRIT"), and the City of Fort Worth, Texas, a home-rule municipal corporation situated in Tarrant, Denton, Johnson, Wise, and Parker Counties, Texas ("City"). WHEREAS, BRIT and the City entered into a Cooperative Agreement for Management Services for BRIT to provide the City with management services for education and volunteer programs at the Fort Worth Botanic Garden, City Secretary Contract Number 49874 ("Agreement"); and WHEREAS, the City desires to amend the Agreement to allow BRIT to manage a membership program for the Fort Worth Botanic Garden; NOW, THEREFORE, the City and BRIT agree to amend the Agreement as follows: 1. The first sentence of Section 1 of the Agreement is amended to be and read as follows: BRIT shall collaborate with City to provide City with management services for education, volunteer and membership programs for the Fort Worth Botanic Garden. II. Section 1.1.6, subsection a. of the Agreement is amended to be and read as follows: a. Administer the education, volunteer, and membership programs, hiring staff to fill positions necessary to perform the Services provided by BRIT pursuant to this Agreement. Ill. Section 1.1.10, subsection a. of the Agreement is amended to be and read as follows: a. Have budgets for the education and volunteer programs approved by the BRIT Executive Director, the City's Assistant City Manager or his/her designee, and the BRIT Board. Develop and manage a budget for the membership program with approval of the First Amendment to Cooperative Agreement for Management Services FOFFICIA&AEWRD City Secretary Contract Number 49874 TY SECRETARY FT WORTH,T budget by the BRIT Board of Trustees. IV. Section 1 of the Agreement is amended to add subsection 1.1.24 to be and read as follows: 1.1.24 Membership Program a. Prepare annual membership revenue goals, expense targets, and promotional plans for approval by BRIT and Botanic Garden Executive Directors. b. Establish revenue and expense protocols to support the membership program, in cooperation with FWBG Executive Director. c. Develop and manage all member appreciation and membership program promotional events. d. Guest Services - Provide easy access to membership support services and assure program visibility across both the Fort Worth Botanic Garden and BRIT campuses. e. Provide quarterly membership reports to the BRIT Board of Trustees and the City. f. Except as otherwise provided in this .Agreement, BRIT shall charge membership fees in accordance with the membership fees adopted by the City Council. City and BRIT agree that for reference purposes the membership fees adopted by the City Council when this Agreement was executed are set forth in Exhibit "A" to this Agreement which is attached hereto and incorporated herein by reference. g. Names of various membership levels can be changed by BRIT for marketing purposes. BRIT may offer higher benefits to membership holders, such as discounts to special events or on merchandise at the Botanic Garden. Any additional benefits offered to membership holders must be approved by the City's City Manager or the City Manager's designee and the BRIT Board of Trustees. Membership Fees shall not be increased in excess of the sum of the annual Consumer Price Index without approval of the BRIT Board of Trustee and the City Manager or the City Manager's designee. h. The membership program services shall began no later than May 1, 2019. i. BRIT and Fort Worth Botanical Society current memberships may be converted to new GROW memberships. Fort Worth Botanical Society Memberships sold before April 1, 2019 and lifetime Fort Worth Botanic Society Memberships sold First Amendment to Cooperative Agreement for Management Services Page 2 of 8 City Secretary Contract Number 49874 before April 1, 2017 may be converted to new GROW memberships no later than May 1, 2020. BRIT and Fort Worth Botanical Society memberships that are not converted to a GROW membership by May 1, 2020 will not be honored after May 1, 2020. j. In accordance with BRIT's authority pursuant to this Agreement to rename membership levels, offer higher benefits to membership holders, and increase fees, City and BRIT agree that BRIT may adopt the GROW Membership Program set forth in Exhibit "B" to this Agreement which is attached hereto and incorporated herein by reference. V. Section 1 of the Agreement is amended to add subsection 1.2.14 to be and read as follows: 1.2.14 Membership Program. a. The City will make a good faith effort to assure that all Fort Worth Botanical Society members are aware of their eligibility to convert their Fort Worth Botanical Society membership to a GROW membership no later than May 1, 2020. The City does not own or have legal rights to the membership list of the Fort Worth Botanical Society, or the membership benefits or levels. The City will request that the Fort Worth Botanical Society provide this information to BRIT, either in its entirety, or individually, when each member of the Fort Worth Botanical Society chooses to convert their membership to a GROW membership. BRIT will need verification of Fort Worth Botanical Society membership benefits and membership levels prior to a membership being converted to a GROW membership. b. The City will cooperate with BRIT as needed on reviewing and approving goals, objectives, budgets, and plans for membership programs. c. The City will work with BRIT staff to provide space and public access as needed for membership sales and service. d. The City will cooperate with BRIT on producing membership appreciation events and promotional programs through use of FWBG venues and staff support. Vl. Section 3 of the Agreement is amended in its entirety to be and read as follows: 3.1 Education and Volunteer Programs. The City shall make a single annual payment to BRIT in the amount of $190,000.00 for management of education and volunteer program (the "Base Amount"), due not later than November 15th of each year, unless the FWBG Executive Director and BRIT Executive Director have failed to approve the goals First Amendment to Cooperative Agreement for Management Services Page 3 of 8 City Secretary Contract Number 49874 for strength of curriculum based on current state and federal standards, number of classes provided, number of people served, and growth and success of the volunteer program as measured by number of hours served and programs impacted, in which case, payment to BRIT shall be due within thirty days of approval of the goals by the FWBG Executive Director and BRIT Executive Director. Subject to annual appropriations by the City Council, the Base Amount will increase by three percent annually or by the Consumer Price Index, whichever is greater, but not to exceed five percent. If either party has exercised their right to terminate the Agreement as outlined in Section 2.3, payment shall be prorated to coincide with the remaining months of operation. 3.2 Membership Program. The City shall make a single annual payment to BRIT in the amount of $23,260.00 as a management fee for staff support of the membership program and a single annual payment of $65,022.00 as a management fee for membership marketing support. Collectively, the management fee for staff support of the membership program and the management fee for membership marketing support shall be referred to as the "Membership Management Fee". Subject to annual appropriations by the City Council, the Membership Management Fee will increase by three percent annually or by the Consumer Price Index, whichever is greater, but not to exceed five percent. After all costs for administering and managing the membership program are paid, net revenues from membership sales will be split with the City receiving 75% of the net revenues and BRIT retaining 25% of the net revenues as a management fee. The City and BRIT may negotiate annually the revenue sharing between BRIT and the City for membership sales and the percentages may be adjusted upon the approval of the City's City Manager or the City Manager's designee and the BRIT Board. VI I. The Agreement is amended to add Exhibit"A"which shall be and read as set forth in Exhibit "A" of this First Amendment. Vill. The Agreement is amended to add Exhibit "B"which shall be and read as set forth in Exhibit "B" of this First Amendment. IX. 1. All other terms and conditions of the Agreement shall remain in full force and effect except as specifically set forth in this First Amendment. 2. All terms of this First Amendment that are capitalized but not defined shall have the meanings assigned to them in the Agreement. [SIGNATURES ON FOLLOWING PAGE] First Amendment to Cooperative Agreement for Management Services Page 4 of 8 City Secretary Contract Number 49874 IN WITNESS WHEREOF, the parties have executed this Agreement to be effective on May 1, 2019. CITY OF FORT WORTH BOTANICAL RESEARCH INSTITUTE OF TEXAS B :Dana�f( t 21,20 B : j`+may Y Y Dana Burghdoff Edward Schneider Assistant City Manager Executive Director Date: Oct 21) 2019 Date: Recommended By: 12 By: David Creek(Oct 21,2019) By: David Creek, Acting Director G eg Bird Park & Recreation Department Board President Robert D. e 8 Y YS By Robert D.Byers(Oct 21,2019) By: Bob Byers Edward Bass Director, Fort Worth Botanic Garden Board Vice President APPROVED AS TO FORM AND LEGALITY: Richard A.McCracken(Oct 21,2 Richard A. McCracken Assistant City Attorney ATTEST: Q. I Mary Kayser City Secretary AS M&C: C-29133 (5121/19); G-19576 (6125/19) FFT. IAL RECORD Form 1295: 2019-485244 SECRETARY WORTH, TX First Amendment to Cooperative Agreement for Management Services Page 5 of 8 City Secretary Contract Number 49874 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including all performance and reporting requirements. �uE'iBr'i v. 8' cY i'S Robert D.Byers(Oct 21,20191 Name: Bob Byers Title: Executive Director, Fort Worth Botanic Garden OFFICIAL RECORD CITY SECRETARY FT, WnRT41, TV First Amendment to Cooperative Agreement for Management Services Page 6 of 8 City Secretary Contract Number 49874 EXHIBIT A BOTANIC GARDEN MEMBERSHIP FEES The City Council of the City of Fort Worth adopted the following membership fees for the Fort Worth Botanic Garden on November 13, 2018 (M&C G-19422), as amended on June 25, 2019 (M&C G-19576). 1. Individual - one named adult $50.00 2_ Family-two named adults, children less than 18 years in $80.00 household, and special needs adult children. 3. Lone Star Family $30.00 4. Dual -two named adults $80.00 5. Contributing -family plus one additional adult per visit $200.00 6. Supporting -family plus two additional adults per visit $500.00 7. Sponsor-family plus two adults per visit and two event tickets $1,000.00 First Amendment to Cooperative Agreement for Management Services Page 7 of 8 City Secretary Contract Number 49874 EXHIBIT B GROW MEMBERSHIP PROGRAM GROW Membership opportunities Based on a successful GROW education and volunteer collaboration, both organizations joined forces this year to offer one,joint membership.Your membership helps grow great new programs and beautiful garden spaces. Membership Levels Individual . . . . . . . . . . . . . . . . . . . . . . . . . . . $50 • • Botanic Garden admissions—1 adult • •Subscription to the GROW e-newsletter • •Subscription to Better Homes and Gardens • • Reciprocal admissions at over 300 botanical gardens and arboreta across North America • • Invitations to events and member-only days • •Store discounts at reciprocal retail partners, BRIT and FWBG gift shops, and plant sales • • Discounts with cultural district partners Partner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $80 Access . . . . . Visit with us for more information. • •All the above • • Botanic Garden admissions-2 adults+ children (including adult children with disabilities) • • Discount and early registration for classes • • Discount and early registration family programs and camps Supporter . . . . . . . . . . . . . . . . . . . . . . . . . . $100 All of the benefits above, plus: • • Garden admissions-2 adults+ children +2 guest passes • • Invitation to opening night for exhibits Patron . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$200 All of the benefits above, plus: • • Garden admissions-2 adults+children+ 1 additional adult per visit • • Invitation to galas and benefits • • Private behind the scenes tour with staff Affiliate . . . . . . . . . . . . . . . . . . . . . . . . . . . $500 All of the benefits above, plus: • • Garden admissions-2 adults +children +2 additional adults per visit • •Discount on facility rental Sustainer. . . . . . . . . . . . . . . . . . . . . . . . . . $1,000 All of the benefits above, plus: • • Garden admissions-2 adults+ children + 2 additional adults per visit • • Private dinner and tour of Garden with the director • •2 event tickets First Amendment to Cooperative Agreement for Management Services Page 8 of 8 City Secretary Contract Number 49874