HomeMy WebLinkAboutContract 46694-A2CSC No. 46694-A2
SECOND AMENDMENT OF
FORT WORTH CITY SECRETARY CONTRACT NO. 46694
This SECOND AMENDMENT OF FORT WORTH CITY SECRETARY
CONTRACT NO. 46694 ("Second Amendment") is made between the CITY OF FORT
WORTH ("City"), a municipal corporation of the State of Texas, acting by and through its duly
authorized Assistant City Manager and FRIENDS OF THE FORT WORTH NATURE
CENTER AND REFUGE, INC., a Texas non-profit corporation, ("Friends"), acting by and
through its duly authorized representative. City and Friends are herein referred to individually as
a ("Parry") and collectively as the ("Parties").
WHEREAS, effective May 1, 2015, the Parties entered into a License Agreement for the
purpose of providing the best practicable atmosphere and operation of the Fort Worth Nature
Center and Refuge ("Nature Center") for the benefit of the public while preserving the non-
commercial atmosphere of the Nature Center, the same being Fort Worth City Secretary Contract
("CSC") No. 46694 ("Agreement");
WHEREAS, the Agreement provides an initial term of one-year and fourteen (14)
automatic one-year renewal terms (each a "Renewal Term");
WHEREAS, on October 4, 2018, the Parties amended the Agreement to update certain
provisions for the transfer of all City funds held by the Friends to the City, address future revenue
earned at the Nature Center, establish guidelines for future donations by the Friends to the City,
and establish provisions addressing grant applications by the Friends to benefit the City;
WHEREAS, it is the collective desire of the Parties to amend the Agreement to modify
terms concerning the Nature Center gift shop and its associated revenue, office space, the definition
of certain terms, and the address for notice to the City's Risk Management Division; and
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, the City and the Friends agree to amend the Agreement as follows:
I.
1. Subsection 3.01 of the Agreement is hereby amended to read as follows:
3.01 For the purposes of this Agreement, the term "Director" shall refer to the
Director of the City's Park & Recreation Department and that individual's designees
and shall include the Manager of the Nature Center.
2. Subsection 6.01 of the Agreement is hereby amended to read as follows:
6.01 In accordance with its by-laws, the Friends covenants and agrees to hold net
profits from all concession and fundraising activities (including, but not limited to,
membership sales, grants, donations, and special events proceeds fees) for the
OFFICIAL RECORD
CITY SECRETARY
Second Amendment to CSC No. 46694 Pagel of 3
FT. WORTH, TX
benefit of the public and to deposit such money into a special fund to be used only
for the operation, expansion, or improvement of the Nature Center.
3. Subsection 21.02(f) of the Agreement is hereby amended to read as follows:
21.02(f) On the request of City, Friends shall provide complete copies of all
insurance policies required by this Agreement. Current and revised certificates of
insurance shall be delivered to the Risk Management Division of the City of Fort
Worth, 100 Energy Way, Fort Worth, TX 76102, with a copy to the Nature Center
Manager, at the Nature Center office."
4. Section 29.01 of the Agreement, concerning notice to the City, is hereby amended as
follows:
Cam:
Director
Park & Recreation Department
100 Energy Way
Fort Worth, Texas 76102
With a copy to:
City Attorney
City Attorney's Office
100 Energy Way
Fort Worth, TX 76102
5. Sections 3.02, 3.03, 3.05, 3.06, 6.02, 7.01, and 7.02 as amended, related to Friends'
operation of the gift shop and collection of revenues from the gift shop, selling of
merchandise, and use of office space are hereby removed from the Agreement in their
entirety.
II.
1. All terms in this Second Amendment 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 shall remain in full force and effect.
(Signature Page Follows)
Second Amendment to CSC No. 46694 Page 2 of 3
IN WITNESS WHEREOF, the Parties have executed this Second Amendment to be
effective on the date signed by the Assistant City Manager.
City:
By: cv�
Name: Jesica McEachern
Title: Assistant City Manager
Date: Nov 30, 2023
Friends: Friends of the Fort Worth Nature
Center and Refuge, Inc.
Linda Christie
By: Linda Christie (Nov 28, 2023 07:46 CST)
Name: Linda Christie
Title: President
Date: Nov 28, 2023
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommended:
By: Aq�e fo-.
Name: Dave Lewis
Title: Deputy Director
Park & Recreation Department
Approved as to Form and Legality:
By: NicoNico Arias 2315:34 CST)
Name: Nico Arias
Title: Assistant City Attorney
Contract Authorization:
M&C: C-28786
Form 1295: 2018-382660 (7/20/2018)
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.
Name: Kelli Pickard
Title: Assistant Director
Park & Recreation Department
City Secretary:
By:
r4L-
Name: Jannette S. Goodall
Title: City Secretary
a44aoQ
010
o*
�pd
-Id
to
OV8 o=
fd
oo*�
daQ� nEXA?o4a
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Second Amendment to CSC No. 46694 Page 3 of 3
10/25/23, 11:55 AM
M&C Review
CITY COUNCIL AGENDA
Create New From This M&C
COUNCIL ACTION: Approved on 8/7/2018
DATE: 8/7/2018 REFERENCE C-28786
NO.:
CODE: C TYPE: NON -
CONSENT
LOG NAME:
PUBLIC
HEARING:
Official site of the City of Fort Worth, Texas
F 1 �t
80FWNC&R CONTRACT
AMENDMENT
NO
SUBJECT. Authorize an Amendment to the License Agreement with Friends of Fort Worth Nature
Center & Refuge Inc., for the Support of the Nature Center & Refuge, to Amend
Provisions Relating to Donations to the City, Operations and Deposit of Revenue and
Accept Transfer of Funds in the Estimated Amount of $300,000.00 from the Friends of the
Fort Worth Nature Center & Refuge (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize an amendment to the License Agreement, City Secretary No. 46694, with the Friends of
Fort Worth Nature Center & Refuge, Inc., for the support of the Nature Center & Refuge to amend
provisions relating to donations to the City, operations and deposit of revenue; and
2. Accept a transfer in the estimated amount of $300,000.00 from the Friends of the Fort Worth
Nature Center & Refuge, Inc., for deposit into the City's Special Donation Fund.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize an amendment to the
License Agreement with the Friends of the Fort Worth Nature Center & Refuge, Inc., executed on
May 21, 2015.
The Friends of the Fort Worth Nature Center & Refuge, Inc., (Friends) is a 501(c) 3 organization
formed in 1974 to support the operation of the Fort Worth Nature Center & Refuge (FWNC&R)
through financial and in -kind contributions.
The Friends originally entered into a contract with the City to operate a gift shop on November 20,
1984 (M&C C-8732, City Secretary Contract No. 14164). On March 11, 2010, a new updated
Agreement was entered into that included the gift shop and management of the bison herd (City
Secretary Contract No. 39920; executed administratively).
On November 15, 2011, the City Council authorized a License Agreement with the Friends to
combine the responsibilities and obligations contained in the previous two separate documents and
superseded all previous contracts (M&C C-25292, City Secretary Contract No. 46694). Under the
new contract, the newly reconstituted Friends would (i) manage entry fees and use the funds to pay
for entry gate staff and minor capital improvements, (ii) operate a gift shop at the Hardwicke
Interpretive Center, (iii) manage the bison herd, and (iv) provide general fundraising and other
support for the FWNC&R. The new Agreement provided for a one-year initial term and for the
possibility of fourteen renewals.
On or about December 31, 2011, Friends and the other FWNC&R non-profit support group, the Fort
Worth Nature Center and Refuge Conservancy (NCC), agreed to merge their two organizations. The
NCC at the time was responsible for the management of entry fees to the park (M&C G-15022, City
Secretary Contract No. 32955).
The Friends currently retain net entry gate revenue in a Special Purpose Fund. The balance held by
the Friends will be approximately $300,000.00 on August 31, 2018. After authorization of the
apps.cfwnet.org/council_Packet/mc_review.asp?ID=25901 &councildate=8/7/2018 1 /2
10/25/23, 11:55 AM
M&C Review
proposed Amendment, the net entry gate balance held by the Friends will be transferred to the City's
Special Donation Fund with all transfers completed by September 14, 2018. The City is grateful for
the many years of stewardship by the Friends that resulted in these major cash reserves to be used
in support of the Nature Center. As a result of this action, the Friends' Special Purpose Fund will no
longer receive City funds. The Agreement will be amended to make the following major additional
changes:
• Beginning September 1, 2018, any and all revenue generated at the Nature Center & Refuge entry
gate, will be deposited with the City into the General Fund.
• The Friends will donate to the City $15.00 per Friends' membership sold, regardless of the type of
membership, up to 1,000 memberships or $15,000.00 per year, which will be deposited into the City's
Special Donation Fund, for capital projects.
• Other funds donated by the Friends to the Nature Center & Refuge will be deposited into the City's
Special Donation Fund, for operational support.
• The Friends shall retain all funds generated through gift shop sales and Friends fundraiser activities
and events conducted at the Nature Center.
All other major terms of the contract will remain the same.
The Nature Center and Refuge is located in COUNCIL DISTRICT 7 and serves ALL COUNCIL
DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that the Park & Recreation Department is responsible for receiving
and recording the donated assets as outlined under the amended agreement.
TO
Fund Department Account Project Program Activity I Budget I Reference # Amount
ID I ID Year (Chartfield 2)
FROM
Fund Department I Account Project
ID I ID
Submitted for City Manaaer's Office bv:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
CertlnterestedParties2018.pdf (Public)
Program Activity Budget Reference # Amount
Year I (Chartfield 2)
Fernando Costa (6122)
Richard Zavala (5704)
Kelli Pickard (5461)
apps.cfwnet.org/council_Packet/mc_review.asp?ID=25901 &councildate=8/7/2018 2/2