HomeMy WebLinkAboutContract 47046 J
CRY SECRETA6,11",
C(MTRACT NO.
" 5 �'�N�
September 4, 2015
Pat Harrison
Interim President and Executive Director
Botanic Research Institute of Texas
1700 University Drive
Fort Worth, Texas 76107-3400
Re: Supplemental Agreement between the City of Fort Worth ("City") and the Botanical Research
Institute of Texas ("BRIT") regarding landscaping maintenance responsibilities pursuant to Fort Worth
City Secretary Contract Numbers 31471 and 41888
Dear Ms. Harrison,
This supplemental agreement ("Supplemental Agreement") sets forth the terms under which.BRIT will
carry out its landscape maintenance responsibilities at its headquarters and on shared use property at
the Botanic Garden.
The City and BRIT are currently parties to two agreements governing BRIT's use of City-owned property.
The first is a long-term lease agreement that the City and BRIT entered into in 2005, which governs
BRIT'S use of certain City-owned property located at 1700 University Drive in Fort Worth, Texas
concerning the development, construction, and operation of BRIT's public botanical research institute,
said agreement being Fort Worth City Secretary Contract Number 31471 ("Lease"). In 2010, the City and
BRIT entered into a separate agreement to share the use of certain portions of City-owned property
located at 1800 University Drive in Fort Worth, Texas, which is adjacent to BRIT's leased property and
more commonly known as the Botanic Garden, said agreement being Fort Worth City Secretary Contract
Number 41888 ("Shared Use Agreement"). The "Lease" and the "Shared Use Agreement" are
collectively referred to herein as the "Agreements".
Pursuant to the Agreements, BRIT is responsible for the upkeep and maintenance of the entire Lease
premises and certain portions of the shared use property. Historically, BRIT has hired certain outside
contractors to fulfill its general landscape maintenance obligations under the Agreements. In an effort
to reduce costs and improve the quality, consistency, and delivery of its landscape services on the Lease
premises and the shared use property, BRIT approached the City and offered to fund two dedicated,
landscape maintenance personnel and other costs associated therewith. The City and BRIT now desire
to set forth the following terms and conditions to govern the performance of such landscape
maintenance services by the City:
1. The City agrees to provide two dedicated landscape maintenance employees to perform
the landscape services set forth in Exhibits A and B ("Services"), which are attached hereto and
incorporated herein for all purposes, within the areas set forth in Exhibit C, which is attached hereto and
incorporated herein for all purposes. The landscape maintenance employees shall be the employees of
the City and solely under the direct supervision and control of the City at all times.
fir:
11 i,'JFFK,3AL, RECORD
Supplemental Agreement to CSC Nos.31471 and 41888 ^" r"'� '"�yj TX 1 of 9
2. In consideration of the Services to be performed herein, BRIT agrees to pay the City an
amount sufficient to cover the City's actual costs for providing the Services, which amount is
approximately $84,000.00 annually during the Initial Term and any Renewal Term of this Supplemental
Agreement. BRIT agrees to pay the annual sum to the City in equal quarterly installments of Twenty-
One Thousand Dollars and No Cents ($21,000.00) each, with such payment being due no later than 5:00
p.m. (Central Time) on the 1st day of October, January, April, and July during the time that this
Supplemental Agreement is in effect. Following the end of each fiscal year of the City (October 1 —
September 30), the funding provided by BRIT to the City herein shall be subject to a "true up" process in
accordance with this Section. The City will compare (1) the actual costs incurred by the City to provide
the Services, including, without limitation, all materials (including, but not limited to, plant materials),
grounds maintenance equipment, and employee costs (including, but not limited to, hourly or salary pay
and all associated City benefits), and (2) the total sum of compensation received from BRIT's monthly
payments for the fiscal year then in effect and calculate any deviation between the two. The City shall
notify BRIT of any deviation within thirty (30) days of the City's new fiscal year. To the extent that the
City's actual costs exceed the total of BRIT's monthly payments for the given fiscal year, BRIT shall
reimburse the City the difference on a dollar-per-dollar basis. In the event that BRIT's monthly
payments for the given fiscal year exceed the City's actual costs, then the City shall reimburse BRIT the
difference on a dollar-per-dollar basis. Any reimbursement payments due by either party under this
"true up" provision shall be due and payable within ninety (90) calendar days after the beginning of the
City's new fiscal year. In the event that this Supplemental Agreement terminates or expires prior to the
end of the City's fiscal year then in effect, the City and BRIT shall reconcile any remaining payments to
be made under this Supplemental Agreement within thirty (30) calendar days after the effective date of
termination or expiration.
3. The term of this Supplemental Agreement shall be for a period of two (2) years,
effective beginning on July 1, 2015 and expiring on June 30, 2017 ("Initial Term"). This Supplemental
Agreement will automatically renew year-to-year for one-year periods until terminated by either BRIT or
the City (each a "Renewal Term"). If either of the Agreements terminates prior to the expiration of the
then current term of this Supplemental Agreement, then the Services related to such Agreement shall
cease as of the effective date of termination of that Agreement but shall continue with respect to the
other non-terminated Agreement. Either party may terminate this Supplemental Agreement at any
time prior to such expiration,for any reason, upon thirty (30) calendar days' written notice.
4. Nothing contained within this Supplemental Agreement is intended to shift the
maintenance or repair obligations of the parties as set forth in the Agreements. The parties
acknowledge that BRIT is simply fulfilling its landscape maintenance obligations under the Agreements
by engaging the City to provide the Services in exchange for the consideration set forth herein. To the
extent that any landscape maintenance obligations remain unaddressed or cannot be fulfilled pursuant
to the terms set forth herein, BRIT shall still be responsible for such obligations at its own expense.
5. Except as expressly provided under the terms of this Supplemental Agreement, any and
all terms and conditions of the Lease or Shared Use Agreement shall remain in full force and effect and
the parties shall continue to be bound by the terms and conditions of the Lease and Shared Use
Agreement, as applicable, and with respect to the Services related to such Agreement, including, but not
limited to, any indemnification and insurance provisions. The City shall not be liable for any loss,
damage, claim, or injury of any kind to any person or property arising out of or resulting from any
Services to be performed herein.
Supplemental Agreement to CSC Nos.31471 and 41888 2 of 9
6. This Supplemental Agreement may be executed in multiple counterparts, each of which
will be deemed as an original, but which together will constitute one and the same instrument. A
signature received via facsimile or electronically via e-mail shall be as legally binding for all purposes as
an original signature.
7. The City is basically a self-funded entity for liability purposes and, as such, generally, it
does not maintain commercial or auto liability insurance.
8. This Supplemental Agreement shall be governed by and construed and interpreted in
accordance with the laws of the State of Texas. Venue for any action arising hereunder shall be
exclusively in Tarrant County.
9. The City shall perform all Services as an independent contractor and not an officer,
agent or employee of BRIT, City shall have exclusive control of and exclusive right to control the details
of the work performed hereunder and all persons performing same and shall be solely responsible for
the acts and omissions of its officers, agent, employees and subcontractors. Nothing herein shall be
construed as the creation of a partnership or joint enterprise between the City and BRIT, its officers,
agents, servants, employees or subcontractors; and the doctrine of respondent superior shall have no
application between the City and BRIT. It is further understood that the City shall in no way be
considered a co-employer or joint employer of BRIT, or any officers, agents, servants, and employees or
subcontractors of BRIT. Neither BRIT, nor any of its officers, agents, employees, servants, contractors
and subcontractors shall be entitled to any employment benefits from the City.
10. Nothing contained herein shall constitute a waiver of the City's governmental
immunities or defenses.
11. This Supplemental Agreement constitutes the entire agreement between the parties
with respect to the Services to be provided herein. This Supplemental Agreement may be amended only
by written agreement of the parties.
If the foregoing is consistent with your understanding of the Services and terms under which the City
will provide them, please so indicate by signing the space provided below and return three (3) fully
executed copies of this letter to the undersigned for our files.
CITY OF FORT WORTH BOTANICAL RESEARCH INSTITUTE OF
TEXAS, INC.
Sr san Alanis Pat Harrison
",..ASsistant City Manager Interim President and Director
Date: '
_.91 1 Date: /
OFFICIAL:.,,m,,m ..,. ( Iyl yry�' Y1/
IUa y flf�4��G�H°I�}�ray�",q��r`�R�t'�,r
CI rr� �LmY`Yh���C� pit, V�Ayl^uG1 'U"
Fif. WORTH, TX
.....
Supplemental Agreement to CSC Nos.31471 and 41888 3 of 9
Approved as to Form and Legality
Tyler F. Watch
Attested °
Va4 Ka `ser,�
0
M&C: G-18429
Date: March 3, 2015 ,,.,
OFFICIAL RECORD
ail RD
{
CITY
FT. WORTH, TX
Supplemental Agreement to CSC Nos.31471 and 41888 4 of 9
EXHIBIT A
SERVICES
EXHIBIT A
LANDSCAPE SERVICES AGREEMENT
Monitor and adjust irrigation weekly for proper watering based on
season and conditions. Lead landscaper will be given access to
o sprinkler controls,and will advise BRIT representative and BG
supervisor as changes are made to irrigation schedules
Detailed Irrigation check monthly-run and inspect every zone,look
at every head,clean,adjust,repair,replace as necessary
Monitor all plants for insects and general health,advise BRIT of
observations and recommendations for action
Coordinate upcoming work with BRIT events schedule as required
Monitor for fire ants and treat as required with insecticide
recommended by FWBG and approved by BRIT
Remove litter,including basic trash such as paper,cans,etc,that will
fit in a trash bag.
Plant debris generated from landscaping work shall be composted
where possible,or disposed of appropriately
Use organic horticultural methods and materials on this property
v unless otherwise approved by BRIT. That means no synthetic
w� fertilizers,poisons,humectants or additives. It also means no
herbicides,no fungicides,and no pesticides with three notable
exceptions: 1.)Fire ant killer is allowed for safety's sake but only
where children's activities are expected, 2.)Herbicide may be
applied in moderation on pathways to exclude vegetation-, 3.)Turf
areas outside fence along University and Trail Drive will continue to
be treated as a"freedom lawn"allowing for synthetic fertilizers,
additives,and tides.
Representative of BRIT and FWBG will conduct monthly landscape
walk and evaluation. LandscaperwiiLgenerate a reportwith photos
and recommendations for treatment as needed or at least quarterly..
Rake and weed decomposed granite pathways to maintain smooth
walking surface,replacing washout and compacting with owner
supplied materials
3
Edge trim pathways and sidewalks to maintain a neat appearance
a
Herbicide treatment of decomposed granite pathways and brick
walkways is permitted to exclude plant material
Supplemental Agreement to CSC Nos.31471 and 41888 5 of 9
Schedule of mowing,edging and clean up of buffalo grass areas will
be per Exhibit B
Remove undesirable plants by pulling and/or cutting them short in
buffalo grass area. No herbicide treatment is allowed unless
otherwise approved by BRIT.
m
°A Lawn care mowing,edging,line trim and clean up of Bermuda grass
area outside fence per Exhibit B. Weekly during growing season
Turf grass outside of fence along University and Trail Drive Is treated
as a"freedom lawn," This means pre-emergent weed/feed is
allowed and expected seasonally but other weeds are generally
controlled by mowing.
Prune woody stem plants as necessary to promote growth and
maintain appropriate balance of growth
Deadhead blooming stock to promote continued blooming and
appearance
aDivide and propagate existing plants to fill in bare areas and
encourage biodiversity of native species.
Accomplish weed control by hand digging,mulching and exclusion
(the good crowds out the bad).
Pod mulching and composting in lieu of synthetic fertilizer
Use string trimmer to keep edges of dogbane trimmed.
Until it is replaced,keep dogbane free of weeds and tree sprouts by
o hand digging,mulching and exclusion(the good crowds out the
° bad).
Prune woody-stemmed plants as needed
Accomplish weed.control by hand digging,mulching and exclusion
_o (the good crowds out the bad).
Mulch as required but at least once per year to assist with growth
and erosion control
Light trimming oftrees to include shoots;dead wood and low
hanging branches as required to maintain safety and clear
t` Maintain tree rings free of plant material
Top dress tree ring with mulch once per year
Supplemental Agreement to CSC Nos.31471 and 41888 6 of 9
a Prune woody stock and dead head blooming stock to promote
CZ) continued health and fair appearance
ar Transplant and propagate existing plants to fill in bare spots and
encourage biodiverslty.
Accomplish weed control by hand digging,mulching and exclusion
a (the good crowds out the bad)
Z3
Mulch annually
Q3 Pathway sweeping,especially during seasonal fruit,leaf drop
Garden grasses should not be allowed to fall over the pathways but
should be edged to maintain a neat appearance
N
N Perform selective annual pruning at a time to be determined by BRIT
Accomplish weed control by hand digging,mulching and exclusion
m (the good crowds out the bad)
mDifficult invasives may be solarized if needed after first removing
desirable natives from the area to be cleared
m Transplant and propagate existing grasses to fill in bare spots;
moving misplaced but desirable grasses to more desirable locations,
loosely maintaining groupings by species.
Remove all tree sprouts,cattails,and invasives interfering with
a original design. Clean out cattails,roots and all every 3 years
a°
Train and prune wall vines as needed during growing season
Mulch wall vines once per year
Mowing shall be once a year per exhibit A at a time to be
m determined by BRIT
ion Re-seed as instructed and supplied.by BRIT representative
rovO Monitor for invasive species,as defined by BRIT. Discourage
invasives by hand weeding,sculpturaimowing,and limited
` irrigation. Consult with BRIT representative for collaborative
c solutions when/where it becomes too much to handle
y Train and prune vines to encourage maximum growth
v
Trim back vines that reach top of wall and that can be reached from
3� accessible locations(terraces and Archive Block roof)
Mulch annually to a width of 2 feet and maintain free of weeds and
a' tree sprouts
Supplemental Agreement to CSC Nos.31471 and 41888 7 of 9
EXHIBIT B
SERVICES CONTINUED
ru tw cu o (U o C
m
fa m C.
E a to s roz) a
ami c
co u o m u o 0
cn :3 02$ to ( ao
c vi G c iri � c tw cu
w 12
(D ado a to-5 to
Ln
M Q tjA
a®+ --- C
Uj CD
e
50 �.
N^ ,
j
•
�" ���°�y • ���� ire
lo
G:57(i Pr:r.?'�yh 'llhallfYFl
Supplemental Agreement to CSC Nos.31471 and 41888 8 of 9
EXHIBIT C
SERVICES AREA
NXI ANIC,rcARDFN BLVD
/
/ �, // �,/ mod;; •'"''� ,� 1
/
� .•,�
��//���irr�/����ii�(�"di/i�� '/J���3�•�/i///ii����%%,,,. �i %/iii��%i///%%! .�`"e„
;;:; '� /i////�/off/i//ii//iii%%�O///%/%�;�iii%j ,' ////ii��///�/i//Giiiiii/ •.,r.:�'<" %%��i�//,iij/�i II/��//�u%�'."�
ail/ /%���//% ,//,/r /i/'/ii//////i//��/ii//i�i/i����// //����/���//////,��'" � / %1/// .�'"a✓'"
ai
/1/
l7'J
4
r-1
clJ
C
cu
,'
uro
r —C3
40 e ,� r� 410 3 (7 O
" err n-
4..
(T)
CD
w3
9:L 4t
a
" rD
Uy
G �Ati
Supplemental Agreement to CSC Nos.31471 and 41888 9 of 9
M&C Review Page 1 of 2
Offui it�Ite(A the City of f urt INoltn,l`ex&,
CITY COUNCIL AGENDA
F0 RT CVO R'I'I I
COUNCIL ACTION: Approved on 3/3/2015 - Ordinance No. 21667-03-2015
DATE: 3/3/2015 REFERENCE G-18429 LOG NAME: 80BRITPOSITIONSBG.FY15
NO..
CODE: G TYPE: NON- PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Acceptance of a Monetary Donation in the Amount of$92,796.00 from the
Botanical Research Institute of Texas, Inc., Authorize Execution of Agreement for City
Maintenance of the Institute's Landscape and Grounds Adjacent to the Fort Worth Botanic
Garden and Adopt Appropriation Ordinance (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acceptance of a monetary donation to the Parks and Community Services
Department from the Botanical Research Institute of Texas, Inc., in the amount of$92,796.00;
2. Authorize the execution of an Agreement with Botanical Research Institute of Texas, Inc., for the
City to maintain the Institute's landscaping and grounds; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Special Donation Fund in the amount of$92,796.00, subject to receipt of funds, for the purpose of
funding two positions on an annual basis and to provide a portion of the funding necessary to provide
plant materials and supplies.
DISCUSSION:
In 2005, the City entered into a Lease Agreement with the Botanical Research Institute of Texas, Inc.
(BRIT), for property adjacent to the Deborah Beggs Moncrief Garden Center at the Fort Worth
Botanic Garden (M&C L-14012) for the development of a new BRIT headquarters. As part of the
construction of the new facility, BRIT constructed a 246 space parking lot (North Lot) that is used
jointly by BRIT and patrons of the Botanic Garden.
BRIT provided initial landscaping on this parking lot and around its facility, Under the terms of the
current Share Use Agreement for the North Lot (City Secretary Contract No. 41888), BRIT maintains
its Research Garden, retention pond, landscaping around its building and the building's "green roof'
garden. All remaining maintenance in and around the North Lot is provided by the City.
BRIT and the City have determined that the most effective and efficient manner of maintaining the
landscaping is for BRIT to donate funds to the Parks and Community Services Department to pay the
costs of two maintenance workers and necessary supplies and to enter into a supplemental
Agreement with the City for the Botanic Garden staff to assume maintenance responsibility for all of
the maintenance and landscaping except the retention pond water and the green roof. BRIT's
donation would be used to fund two positions on an annual basis and provide a portion of the funding
necessary to provide plant material and supplies. It is BRIT's intention to contribute funding to
continue these positions and supplement maintenance costs in future years.
This project is located in COUNCIL DISTRICT 7 and serves the entire City.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations and adoption of the attached appropriation ordinance, funds will be available in the
http://apps.cfwnet.org/council_packet/me_review.asp?ID=20765&councildate=3/3/2015 9/21/2015
M&C Review Page 2 of 2
current operating budget, as appropriated, of the Special Donation Fund. The Parks and Community
Services Department is responsible for collection and deposit of funds donated to the City. Upon
receipt, these funds will be deposited in the Special Donation Fund project denoted in the Fund
Center section and no year to date receipts.
TO Fund/AccountlCenters FROM Fund/Account/Centers
1) F325 488100 0803045 $92,796.00
3) F325 511010 0803045 $84,796.00
3) F325 522010 0803045 $8,000.00
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: Sandra Youngblood (5755)
ATTACHMENTS
Botanic Garden Maintenance Present Proposed.pdf
BRIT Donation F325 A014.docx
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=20765&councildate=3/3/2015 9/21/2015