HomeMy WebLinkAboutContract 55839-A2R2CSC No. 55839-A2R2
SECOND AMENDMENT AND SECOND RENEWAL OF
CITY SECRETARY CONTRACT NO. 55839
This SECOND AMENDMENT AND SECOND RENEWAL ("Second Amendment and
Second Renewal") is made and entered into by and between the CITY OF FORT WORTH, a
home -rule municipal corporation of the State of Texas, acting by and through its duly authorized
Assistant City Manager ("City"), and SIGM PERFORMANCE SWIMMING, a Texas non-
profit corporation, acting by and through its duly authorized representative ("Licensee"). City and
Licensee are herein referred to individually as a ("Party") and collectively as the ("Parties").
WHEREAS, on June 1, 2021, the Parties entered into a License Agreement for Licensee
to provide swimming lessons at Forest Park Pool and Marine Park Pool, the same being City
Secretary Contract ("CSC") Number 55839 ("Agreement");
WHEREAS, the Agreement provides an initial term of one-year ("Primary Term") and
two (2) one-year renewal periods (each a "Renewal Term");
WHEREAS, on May 17, 2022 the Parties amended the Agreement to update the program
schedule and fees and exercised the First Renewal Term;
WHEREAS, construction for an improved Forest Park Pool is underway for calendar year
2023 and expected to re -open in 2024;
WHEREAS, in light of the Forest Park Pool closure the Parties wish to amend the
Agreement to provide an updated program schedule for Marine Park Pool and offer swim lessons
at no cost to the public;
WHEREAS, the City and its residents will benefit from the no cost swim lessons as the
community will not have access to Forest Park Pool until 2024;
WHEREAS, the City has determined that it will make its premises available to Licensee
in accordance with the terms of this Agreement and that adequate controls are in place to ensure
that the public purpose is carried out;
WHEREAS, each Party finds that the performance of this Agreement is in the common
interest of the Parties and that the undertaking will benefit the public interest and the division of
costs fairly compensates the performing Party for the services or function under this Agreement;
WHEREAS, it is the collective desire of the Parties to extend the Agreement through the
Second Renewal Term; and
NOW, THEREFORE, the City and Licensee hereby agree to amend and renew and extend
the Agreement as follows:
I.
Section 4, subsection 4.1 is hereby amended to be and read as follows:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Second Amendment and Second Renewal of CSC 55839 Page 1 of 5
4.1 Licensee shall not receive payment for any services provided under
this Agreement. City and Licensee expressly agree and stipulate that this
Agreement is based on valuable consideration and an exchange of promises
that will be independently beneficial to both Parties. Specifically, Licensee
agrees that the City will provide a benefit to Licensee by providing use of the
Premises at no charge to Licensee for the services, as well as furthering
Licensee's mission by encouraging health and fitness opportunities. Licensee
has accepted this as valuable consideration for its performance of the services
of this Agreement more fully described in Exhibit A-1 and Exhibit B-2.
Additionally, City agrees that the Licensee's services will provide a benefit to
the public and City has accepted as valuable consideration. Both Parties agree
as a condition precedent to executing this Agreement that the consideration is
valuable and sufficient and that neither Party shall be able to assert otherwise
in the event of litigation.
II.
The City and Licensee hereby agree to renew and extend the Agreement for the Second
Renewal Term, effective beginning on June 1, 2023 and expiring on May 31, 2024.
1. All terms in this Second Amendment and Second Renewal that are capitalized and
but not defined shall have the same meanings assigned to them in the Agreement.
2. All terms and conditions of the Agreement that are not expressly amended pursuant
to this Second Amendment and Second Renewal shall remain in full force and effect.
(Signatures on following page)
Second Amendment and Second Renewal of CSC 55839 Page 2 of 5
IN WITNESS WHEREOF, the Parties hereto have executed this Second Amendment and
Second Renewal in Tarrant County, Fort Worth, Texas.
City:
By. op�
Name: Jesica McEachern
Title: Assistant City Manager
Date: Apr 17, 2023
Licensee:
Amdr
By: And rum Ha�Mar29,202311.21CQT1
Name: Andrew Ha
Title: Director
Date: tar 29, 2023
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommended:
B:
Y )Otw fa.,
Name: Dave Lewis
Title: Acting Director
Park & Recreation Department
By:
Name: Kelli Pickard
Title: Assistant Director
Park & Recreation Department
Approved as to Form and Legality:
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.
By: Ui5t r- 2d231A:15 CDT1
Name: Cory Stuhmer
Title: Athletic Coordinator
Park & Recreation Department
bdg44pRb
a F f�RT n°a
aOoe,o oo,e olyOda
City Secretary:
By: Nim Aii 3 17:09CDTS By.
Name
Name: Nico Arias
Title: Assistant City Attorney ITitle:
Contract Authorization:
M&C: N/A
Form 1295: N/A
Jannette S. Goodall
City Secretary
aaa4��X45ggq
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Second Amendment and Second Renewal of CSC 55839 Page 3 of 5
EXHIBIT A -I
PREMISES
Marine Park Pool, located at 303 NW 20th St, Fort Worth, TX 76104.
-
am
Ar
7
4 .l
Second Amendment and Second Renewal of CSC 55839 Page 4 of 5
EXHIBIT B-2
PROGRAM
PROGRAM: Swim Lessons.
SCOPE OF SERVICE: Sigma Swimming will provide patrons free swim lessons to residents
living around the Marine Park Pool and Fort Worth.
PROGRAM FEE: Monthly Fee: $0.00
START
START
DAY
LOCATION
END TIME
END TIME
TIME
TIME
Marine Park
Monday
8:30am
11:30am
Pool
Tuesday
Marine Park
8:30am
11:30am
Pool
Wednesday
Marine Park
8:30am
11:30am
Pool
Thursday
Marine Park
8:30am
11:30am
Pool
Friday
Saturday
Second Amendment and Second Renewal of CSC 55839 Page 5 of 5