HomeMy WebLinkAboutContract 31502-A3R1 CITY SECRUAIW
CONTRACT NO.
FIRST RENEWAL AND THIRD AMENDMENT OF
CITY SECRETARY CONTRACT NO.31502,A LICENSE AGREEMENT
BETWEEN FORT WORTH GARDEN CLUB AND THE CITY OF FORT WORTH
THIS FIRST RENEWAL AND THIRD AMENDMENT OF CITY SECRETARY CONTRACT
NUMBER 31502, as amended, ("First Renewal and Third Amendment") is made and entered into by and
between the City of Fort Worth, Texas, 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 Garden Club, a legally
constituted non-profit entity ("FWGC"), 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, the City and the FWGC entered into a license agreement with the stated purpose of
providing the best practicable atmosphere and operation of the Botanic Garden for the benefit of the public
while preserving the non-commercial atmosphere of the Botanic Garden, the same being Fort Worth City
Secretary Contract("CSC")Number 31502;
WHEREAS, on February 11, 2014, the City and the FWGC amended CSC No. 31502 to allow the
FWGC to perform alterations and restorations to the Rose Garden Colonnade and Oval Rose Garden,the same
being CSC No. 31502-A 1
WHEREAS, on March 27, 2014, the City and the FWGC executed a second amendment to CSC No.
31502 to memorialize the cost allocation for the above-stated alterations and restorations, the same being CSC
No. 31502-A2 (CSC Nos. 31502,31502-A1,and 31502-A2 are collectively referred to as the"Agreement");
WHEREAS, the primary term of the Agreement was for ten calendar years with two, five-year
renewal options;
WHEREAS, the City and FWGC also wish to amend the Agreement to allow for more flexibility in
funding certain positions at the Botanic Garden and to waive certain construction-related permit fees as
authorized by the Fort Worth City Council(M&C G-18431); and
7v
M
WHEREAS, the parties desire to continue this relationship by exercising the first five-year renewal
rn term with the noted amendments; and
M
o NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the City and
3 FWGC agree to renew, extend, and amend the Agreement as follows:
c RENEWAL
J
V7
1. The City and FWGC hereby agree to renew and extend the Agreement for five years,
effective beginning on October 1, 2014 and ending on September 30, 2019.
H.
AMENDMENT
1. Sections 6.03 and 6.04 of the Agreement are hereby amended in their entirety to read as
follows:
"6.03 City agrees to provide the personnel to staff, and FWGC agrees to fund from the
special fund described in Section 5.02, a number of full-time positions, which number shall
be agreed to annually by the FWGC and the City as part of the preparation forte Parks and
OFFICIAL RECORD
CITY SECRETARY
First Renewal and Third Amendment to CSC 31502
FT.W01,TX
Community Services Department's annual budget.
6.04 In addition, the FWGC agrees to pay, from the special fund described in Section
5.02, all salaries for temporary and seasonal staff as deemed necessary by City in consultation
with the FWGC, but said personnel shall be employees of the City."
2. Section 8 of the Agreement is hereby amended to add Subsection 8.08 to read as follows:
"The City hereby waives all construction-related permit fees for construction projects that are
commenced on or after March 3, 2015 and that relate to the construction rights granted to the
FWGC pursuant to this Agreement."
III.
MISCELLANEOUS
1. All terms of this First Renewal and Third Amendment that are capitalized but not defined
shall have the meanings assigned to them in the Agreement.
2. All terms and conditions of the Agreement that are not expressly amended pursuant to the
First Renewal and Third Amendment shall remain in full force and effect.
IN WITNESS WHE OF the parties have executed this First Renewal and Third Amendment in
multiples,this day of ,2015.
CITY OF FORT WORTH FORT WORTH GARDEN CLUB
,
By: By:
/we—Susan Alanis Taddie Hamilton
Assistant City Manager President
AYFXO_VED AS'TO FORM AND LEGALITY:
�/y
AssistttC�Attorney t Q
ST: 00d,°°°°�°°°�o^
D o 0 '
Mary J. Kayser o ' o=
City Secretary 00%0. 0.0,
)PIJXAIs
N
Authorization: OFFICIAL RECORD
M&C Numbers: C-20541 (February 22,2005); G-18431 (March 3,2015) CITY SECRETARY
FT. WORTH, TX
First Renewal and Third Amendment to CSC 31502 2 of 2
M&C Review Pagel of 2
Official site of the City of Fort Worth. Texas
CITY COUNCIL AGENDA FORT�RTII
COUNCIL ACTION: Approved on 3/3/2015
DATE: 3/3/2015 REFERENCE G-18431 LOG NAME: 80ROSEGARDENPHASEII
NO..
CODE: G TYPE: NON- PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Acceptance of a Donation of Infrastructure Repairs and Improvements in the
Historic Rose Garden from the Fort Worth Garden Club and Moncrief Endowment Valued
at $550,000.00, Authorize Waiver and Refund of Charged Permit Fees, Authorize
Execution of a Design Procurement Agreement with the Fort Worth Garden Club in an
Amount Not to Exceed $70,000.00 for the Rose Garden Restoration Plan and Authorize
Amendment to City Secretary Contract No. 31502 Waiving Future Construction-Related
Permit Fees for Future Projects Under the Contract (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Accept a donation from the Fort Worth Garden Club and Moncrief Endowment valued at
$550,000.00 of infrastructure repairs and improvements in the Historic Rose Garden;
2. Authorize the waiver and refund of certain charged construction permit fees to the extent permitted
by law;
3. Authorize a Design Procurement Agreement with the Fort Worth Garden Club in the amount up to
$70,000.00 for the acquisition of the Rose Garden Restoration Plan; and
4. Authorize an amendment to City Secretary Contract No. 31502 waiving future construction-related
permit fees to the extend permitted by law for future projects under the contract.
DISCUSSION:
The Fort Worth Garden Club (FWGC) and the Moncrief Endowment Committee (MEC) voted to hire
an architectural firm and contractors to perform the Rose Garden Shelter, Cascade Ramp and Lower
Rose Garden restoration project. Construction is anticipated to be completed by March 1, 2015. The
total cost of this project is approximately $700,000.00 with the City committing to provide up to
$230,000.00 with surplus funds from projects funded by previously appropriated gas well revenues
from the Park Gas Lease Projects Fund. The proposed expenditure of the City funds complies with
the City of Fort Worth's Financial Management Policy for the use of park gas well lease
revenues. This leverage match of public/private funding equates to approximately 33 percent/67
percent.
Bennett Benner Partners (BBP), an architectural firm, was hired by the FWGC and MEC and has
guided this historic restoration project with construction being overseen by The Projects Group and
constructed by The Fain Group, Inc. The Fort Worth Garden Club has been very successful in
securing both individual and corporate contributions to this historic restoration project. They have
received 12 donations at this time. The lead gift of$150,000.00 came from the Amon G. Carter
Foundation. The value of the improvements being donated is estimated to be approximately
$550,000.00. At their January 28, 2015 meeting, the Parks and Community Services Advisory Board
endorsed staffs recommendation to accept this donation.
It is anticipated that the fees to be waived and refunded are in an approximate amount of$2,500.00.
Under the Design Procurement Agreement the City will acquire the Rose Garden Restoration Plan
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=20811&councildate=3/3/2015 4/15/2015
M&C Review Page 2 of 2
developed by BBP at a cost commensurate to the design and engineering fees related to the
document development not to exceed $70,000.00.
An amendment of City Secretary Contract No. 31502, a License Agreement between Fort Worth
Garden Club and the City of Fort Worth, will be executed to include authorization that the Garden
Club, its contractors and subcontractors, shall obtain all licenses and permits necessary for the
construction of improvements to the Fort Worth Botanic Garden. Permit fees will be waived by the
City to the extent permitted by law.
Permit fee waivers for this project and any future improvements by the Garden Club to the Fort Worth
Botanic Garden are appropriate because they further the public purpose of improving City-owned
property with privately-donated funds. Adequate controls are in place to ensure that this public
purpose will be carried out under the terms and conditions of the License Agreement, which requires
that all improvements undertaken by or on behalf of the Garden Club must receive advance written
approval from the Parks and Community Services Department and comply with all requirements set
forth in the License Agreement.
The Fort Worth Botanic Garden is located in COUNCIL DISTRICT 7 and serves the entire city.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the Parks Gas
Lease Project Fund, Botanic Garden, Rose Garden Project. Project appropriations total
$230,000.00. The project has a balance of$211,641.00. Upon approval of this Agreement, the
project will have a balance of$141,641.00.
TO Fund/Account/Centers FROM Fund/Account/Centers
3) C282 531200 807490241880 $70,000.00
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: Sandra Youngblood (5755)
ATTACHMENTS
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=20811&councildate=3/3/2015 4/15/2015