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HomeMy WebLinkAboutContract 54201-A1 CSC No. 54201-A1 FIRST AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO. 54201,A MANAGEMENT FOR THE FORT WORTH BOTANIC GARDEN This FIRST AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NUMBER 54201 ("First Amendment") is made and entered into by and between the CITY OF FORT WORTH("City"), a home-rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, and BOTANICAL RESEARCH INSTITUTE OF TEXAS, INC. ("BRIT"), a Texas nonprofit corporation acting by and through its duly authorized representative, each individually referred to herein as a"Party"and collectively referred to herein as the"Parties". WHEREAS,the Parties entered into a Management Agreement for the Fort Worth Botanic Garden, the same being Fort Worth City Secretary Contract Number 54201 ("Agreement"); WHEREAS, prior to October 1, 2020, which is the date that BRIT assumed management responsibilities for events at the Botanic Garden,the City received$192,060.00 in revenues for all bookings and corresponding deposits for events at the Botanic Garden scheduled to occur between October 1,2020 and December 31, 2024; WHEREAS,the Agreement does not contemplate the distribution ofthis revenue to BRIT, but it is necessary to transfer said funds to BRIT so that it can properly manage all associated events; WHEREAS, the Parties desire to amend the Agreement so that the City may transfer said funds to BRIT; NOW, THEREFORE, for and in consideration of the mutual promises and covenants set forth herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree to amend the Agreement as follows: I. Section VIII, "Management Fee", is amended to add Section 8.5 to transfer the above- stated$192,000.00 to BRIT and reads as follows: "8.5 Notwithstanding anything to the contrary, the City agrees to pay BRIT a total of$192,060.00 within thirty(30) calendar days after the City executes this First Amendment,which payment constitutes all revenues that the City received prior to October 1, 2020 for all bookings and corresponding deposits for events at the Botanic Garden scheduled to occur between October 1,2020 and December 31,2024. This payment is separate and apart from any other payment under the Agreement and does not count towards any Management Fee, Additional Management Fee, or Supplemental Management Fee under the Agreement." OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to City Secretary Contract Number 54201 Pagel of 3 I II. 1. All terms in this First Amendment that are capitalized but not defined have the meanings assigned to them in the Agreement. 2. All terms and conditions of the Agreement that are not expressly amended pursuant to this First Amendment remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have executed this First Amendment in Fort Worth, Tarrant County, Texas. CITY OF FORT WORTH BOTANICAL RESEARCH INSTITUTE OF TEXAS,INC. By:Dana Burghdoff(Aug 11,20 15:03 CDT By:Pat�nc c e vman(Aug4,202116:45 CDT) Dana Burghdoff .7Patrick Newman Assistant City Manager Chief Executive Officer Date:Aug 11, 2021 Date:Aug 4, 2021 Recommended by: By: /1 C - Greg Bird Richard Zavala Board President By:Richard Zavala(Aug 11,202110:44 CDT) Richard Zavala Director By: . Park&Recreation Department Edward Bass Board Vice President Approved as to Form and Legality uJ .E By: Tyler F. Wallach Sr. Assistant City Attorney a 47 piO�000%0k Attest ��o °00 0 0 ~ 00 o odd °=d By:Ronald P.Gonzales 11,202116:20 CDT) O Y O O .d Ronald P. Gonzales d� °°0ppp0°° a Acting City Secretary �*XASoAp OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to City Secretary Contract Number 54201 Page 2 of 3 i 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. By:Sandrayoun d(Jul 26,202116:50CDT) Sandra Youngblood Assistant Director, Park Operations Park & Recreation Department M&C: 21-0368 Form 1295: 2021-741934 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to City Secretary Contract Number 54201 Page 3 of 3 7/21/2021 M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORT WORT 11 Ir- DATE: 6/8/2021 REFERENCE **M&C 21- LOG NAME: 80BGBRITMANAGEMENTAMENDMENT NO.: 0368 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 7) Authorize Execution of a First Amendment to a Management Services Agreement (City Secretary Contract No. 54201) with the Botanical Research Institute of Texas, Inc. in the Amount of$192,060.00 for the Payments Received by the City for all Bookings and Corresponding Deposits for all Events at the Fort Worth Botanic Garden from October 1, 2020 through December 31, 2024 RECOMMENDATION: It is recommended that the City Council authorize execution of a first amendment to a management services agreement (City Secretary Contract No. 54201) with the Botanical Research Institute of Texas, Inc., in the amount of$192,060.00 for the payments received by the City for all bookings and corresponding deposits for all events at the Fort Worth Botanic Garden from October 1, 2020 through December 31, 2024. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to request authorization to amend the management services agreement in the amount of$192,060.00 for the payments received by the City for all bookings and corresponding deposits for all events at the Fort Worth Botanic Garden (FWBG)from October 1, 2020 through December 31, 2024. On May 19, 2020, City Council approved M&C 20-0347 authorizing execution of a management services agreement with the Botanical Research Institute of Texas, Inc. (BRIT). Effective October 1, 2020, BRIT assumed management of FWBG. Since BRIT took over management, the payments received by the City for events held effective October 1, 2020 and beyond needs to be paid to BRIT. The Fort Worth Botanic Garden is located in COUNCIL DISTRICT 7 and is classified as a special-use facility that serves on a City-wide and regional basis. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the General Fund to support the approval of the above recommendation and execution of the amendment to the contract. Prior to any expenditure being incurred, the Park & Recreation Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by. Dana Burghdoff ((8018)) Originating Department Head: Richard Zavala ((5704)) Additional Information Contact: Sandra Youngblood ((5755)) apps.cfwnet.org/councii_packet/mc_review.asp?I D=28918&counci ddate=6/812021 1/2 7/21/2021 M&C Review ATTACHMENTS apps.cfwnet.org/council_packet/mc review.asp?ID=28918&councildate=6/8/2021 2/2