HomeMy WebLinkAboutContract 31502 CITY SECRETARY
CONTRACT NO.
LICENSE AGREEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS LICENSE AGREEMENT is made and entered into by and between the City of
Fort Worth, Texas, a home rule municipal corporation of the State of Texas, located in Tarrant,
Denton and Wise Counties, Texas, (hereinafter referred to as the "City") acting by and through
its duly authorized Assistant City Manager, and the Fort Worth Garden Club, a legally
constituted non-profit entity (hereinafter referred to as the "FWGC"), acting by and through its
duly authorized President.
RECITALS
WHEREAS, on September 25, 1984, (M&C C-8639) the City Council authorized the
City Manager to execute a contract with the Fort Worth Garden Club (FWGC) to permit it to
construct the Garden Center Conservatory Complex (Complex) at no cost to the City, and
WHEREAS, on September 24, 1985, (M&C C-9250) the City Council authorized the
City Manager to execute a contract with the FWGC to permit it to construct a Lecture Hall as a
part of the Complex, and
WHEREAS, upon the acceptance of the donation of these facilities by the FWGC to
the City, the City agreed to operate and maintain the Complex as public facilities primarily for
educational purposes and secondarily to provide space to hold meetings of public interest and
benefit, and
WHEREAS, all revenue generated through the Complex is deposited into a special
fund maintained by the FWGC and used only for the operation, expansion or improvement of
this Complex or the Fort Worth Botanic Garden with the written consent of the Parks and
Community Services Department(PACSD) Director, and
WHEREAS, the FWGC wishes to continue to use space in the Complex and the City
and the FWGC wish to continue their contractual relationship for the use and management of
this Complex;
NOW THEREFORE, in consideration of the mutual covenants herein expressed, the
parties agree as follows:
SECTION 1.
PURPOSE
1.01 It is understood and agreed that the sole purpose of this agreement is to provide the
best practicable atmosphere and operation of the Fort Worth Botanic Garden for the benefit of
the public while preserving the non-commercial atmosphere of the Botanic Garden.
IM
SECTION 2.
GIFT SHOP AND OFFICE AREA
2.01 For and in consideration of the mutual covenants and agreements herein contained,
City hereby grants to FWGC access to and the non-exclusive license and privilege to operate a
gift shop as an independent contractor in the Fort Worth Botanic Garden (Garden) and the
continued use and occupancy of the northwest corner office located in the Garden Center
Conservatory Complex, same being located in the City of Fort Worth, Tarrant County, Texas,
and hereafter referred to as the "Premises" for all purposes incident to this Agreement.
2.02 The City agrees that the FWGC may decorate and furnish without prior approval the
office that it currently occupies in the Complex.
SECTION 3.
TERM
3.01 The primary term of this License Agreement shall be for a period of ten (10) calendar
years commencing on the 1st day of October 2004, and ending on the 30`h day of September
2014. The primary term may be renewed by mutual agreement between the FWGC and the
City for two (2) successive 5-year periods under the same terms and conditions of this License
Agreement. FWGC must advise the City in writing of its intent to renew the Agreement, no
later than sixty (60) days prior to and no earlier than ninety (90) days prior to the end of the
original agreement and the end of each of the two (2) successive, five (5)year renewal periods.
SECTION 4.
TERMINATION
4.01 It is expressly provided that either party shall have the right to terminate this License
Agreement, without cause, upon thirty (30) days written notice to the other party. If for any
reason, at any time during any term of this Agreement, the City Council fails to appropriate
funds sufficient for the City to fulfill its obligations under this Agreement, the City may
terminate this Agreement pursuant to this Section following (i) delivery by the City of written
notice of the City's intention to terminate or (ii) the last date for which funding has been
appropriated by the City Council for the purposes set forth in this Agreement.
SECTION 5.
OPERATIONS AND MAINTENANCE
5.01 The City agrees to continue to operate and maintain the Complex as a public facility to
be used primarily for educational purposes and secondarily for other meetings of public
interest or of benefit to the public. The City further agrees to continue to operate and maintain
the Complex as a public facility displaying plants and providing horticultural educational
programs throughout the life of the buildings.
5.02 The FWGC and the City mutually agree that all monies collected by or for the City or
the FWGC at the Complex, including any rental of rooms, patios, gardens, equipment, or
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parking lots, and photography fees and wedding fees shall be deposited into a special fund to
be maintained by FWGC to be used only for the operation, expansion or improvement of the
Botanic Garden. FWGC shall adopt an annual budget reflecting the proposed expenditures
from the special fund, however, all expenditures from said fund shall be made only with the
prior written consent of the PACSD Director, which consent shall not be unreasonably
withheld.
SECTION 6.
EMPLOYEES
6.01 FWGC agrees that the Complex shall be operated, scheduled and controlled by the
City's PACSD Director, who shall hire and retain all employees and, who shall have and retain
full and complete authority over all employees and volunteers involved in the management,
operation and maintenance of the Complex, excepting employees of any concession operation
within the Garden Center Conservatory Complex and any employees of FWGC, which the
FWGC may hire to conduct FWGC business. All employees of the Complex, except such
FWGC employees involved in the concession operation or Garden Club business, shall be paid
for said employment only through the City. FWGC agrees that it shall make no payments to
said City employees except through the City's PACSD Director.
6.02 City agrees to provide funding to staff the Garden Center and Conservatory and open
the facilities to the public on a schedule similar to that of other similar facilities operated by the
City, and to provide basic utilities and basic maintenance services for buildings, plants and
grounds. FWGC agrees to provide the City the necessary funds to pay for such additional staff
to operate, maintain and provide services as FWGC and PACSD Director may jointly agree to
be desirable and practicable.
6.03 Employees
6.03.1 City agrees to provide the personnel to staff, and FWCG agrees to fund from the
special fund described in Section 5.02, the following fulltime positions:
1. Garden Center Coordinator
2. Audio-Visual Specialist
3. Administrative Technician
4. Senior Maintenance Worker
6.04 In addition to the four fulltime positions listed in 6.03.1, FWGC agrees to pay from the
special fund described in Section 5.02, all salaries for temporary or seasonal staff as deemed
necessary by FWGC and City, but said personnel shall be employees of the City.
6.05 City will pay all salaries and benefits to be paid to the employees listed in Sections 6.03
and 6.04 from the funds provided by FWGC, but said personnel shall be employees of City.
SECTION 7.
LICENSES AND PERMITS
7.01 FWGC shall obtain all licenses and permits necessary for the operation at the Botanic
Garden.
SECTION 8.
OWNERSHIP OF CONSTRUCTED FACILITIES
8.01 City shall retain ownership of the buildings, fixtures and all attached furnishings. The
FWGC shall retain ownership of the plants and art items that it provides for use by City;
however the use, care and management of all said items shall be administered jointly by the
FWGC and the PACSD Director. In the event of a dispute over the administration of said
items, the decision of the PACSD Director is final.
SECTION 9.
RECORDS AND ACCOUNTS
9.01 FWGC shall keep complete and accurate records, books and accounts according to
customary and accepted business practices. FWGC shall furnish to the PACSD Director, on or
before the 15'' day of each and every month, a statement showing the amount of all gross
receipts during the preceding month. FWGC shall furnish said PACSD Director an annual
audit of its books by a certified public accountant, such report to be furnished within ninety
(90) days after the end of the fiscal year of FWGC.
SECTION 10.
RIGHT OF ACCESS
10.01 At all times during the term of this agreement, City shall have the right, through its
agents and representatives, to enter into and upon the Premises during reasonable business
hours for the purpose of examining and inspecting the same for the purpose of determining
whether FWGC shall have complied with all of its obligations hereunder in respect to the use
of the Premises. During any inspection, City may perform any obligations that City is
authorized or required to perform under the terms of this License Agreement or pursuant to its
governmental duties under federal, state or local laws, rules or regulations.
SECTION 11.
SIGNAGE
11.01 FWGC, may at its sole expense, with prior written approval of the PACSD Director,
install signs in the areas where it operates a concession or occupies space within the Botanic
Garden to indicate its business or location. All signs must be in keeping with the general
aesthetic background of the Botanic Garden, and the size, type, color, location, materials used,
manner of display and subject matter must be specifically approved by the PACSD Director,
prior to installation. In the installation, maintenance and/or removal of such signs, FWGC will
exercise reasonable care not to damage City buildings and/or property.
SECTION 12.
PROPERTY LOSS,DAMAGE AND INJURY TO PERSONS
12.01 City and FWGC mutually covenant and agree that City assumes no responsibility for
any property placed on said Complex, Garden, or Premises, and City is hereby expressly
released and discharged from any and all liability for any loss, injury or damage to persons or
property that may be sustained by use or occupancy of said Complex, Garden, or Premises
under this agreement.
12.02 FWGC covenants and agrees that it shall take the Premises as it finds them. FWGC
further covenants and agrees that it will leave the Premises in as good or better condition than
that which exists prior to its use of the Premises. FWGC covenants and agrees that FWGC will
not do, or permit to be done, any injury or damage to any of said Premises or suffer any waste
to the Premises; but in the event any damage is done, FWGC hereby covenants and agrees to
repair any damage or reimburse City therefore promptly for the value of any damage. FWGC
shall keep and maintain the Premises in a good, clean, and sanitary condition at all times.
FWGC shall be responsible for all damages caused by FWGC, its agents, servants, employees,
contractors, subcontractors, licensees or invitees, and FWGC agrees to fully repair or otherwise
cure all such damages at FWGC's sole cost and expense. The City shall determine whether any
damage has been done, the amount of the damage, and the reasonable costs of repairing the
damage. Any damage by the FWGC or others incident to the exercise of privileges herein
granted shall be repaired or replaced by FWGC to the reasonable satisfaction of the City within
thirty (30) days of receipt of written notification from the City.
SECTION 13.
USE OF PREMISES
13.01 FWGC covenants and agrees that it shall not engage in any unlawful use of the
Premises. FWGC further agrees that it shall not permit its officers, agents, servants,
employees, contractors, subcontractors, patrons, licensees or invitees to engage in any unlawful
use of the Premises and FWGC immediately shall remove from the Premises any person
engaging in such unlawful activities. Unlawful use of the Premises by FWGC itself shall
constitute an immediate breach of this License.
SECTION 14.
COMPLIANCE WITH LAW
14.01 FWGC will comply with all federal, state and local laws, statutes and all ordinances,
charter provisions, rules and regulations of City; including all rules, regulations and/or
requirements of the City of Fort Worth Police and Fire Departments; and any and all
requirements specifically made by the City of Fort Worth Fire Marshal in connection with this
License Agreement.
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SECTION 15.
INDEMNIFICATION
15.01 INDEMNIFICATION: FWGC AGREES TO DEFEND, INDEMNIFY AND
HOLD THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES,
HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS
AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE
FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS
TO OWNER'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR
PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT
OF OR BE OCCASIONED BY (i) FWGC'S BREACH OF ANY OF THE TERMS OR
PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR
OMISSION OR INTENTIONAL MISCONDUCT OF FWGC, ITS OFFICERS,
AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE
CITY) OR SUBCONTRACTORS, RELATED TO USE OF THE PREMISES OR THE
PERFORMANCE OF THIS AGREEMENT; EXCEPT THAT THE INDEMNITY
PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY
RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS,
AGENTS, EMPLOYEES OR SEPARATE CONTRACTORS, AND IN THE EVENT OF
JOINT AND CONCURRENT NEGLIGENCE OF BOTH FWGC AND CITY,
RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN
ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS.
SECTION 16.
INSURANCE REQUIREMENTS
16.01 FWGC further covenants and agrees to obtain and keep in force during the term of this
License a policy providing for bodily injury and property damage insurance in amounts as
follows:
a. Commercial General Liability
$1,000,000 each occurrence
$2,000,000 aggregate
b. Automobile Liability
$1,000,000 each accident on a combined single limit
or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
C. A commercial business policy shall provide coverage on "Any Auto", defined
as autos owned, hired and non-owned when said vehicle is used in the course of
the event licensed herein.
d. Worker's Compensation:
Coverage A: Statutory limits
Coverage B: Employer's Liability
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$100,000 each accident
$500,000 disease-policy limit
$100,000 disease-each employee
e. FWGC shall, when hosting an event on the Premises at which liquor (beer and
wine only) may be served or consumed shall notify the Risk Management
Department of the City of the event and its date, time and location, in writing, at
least ten(10) working days prior to the scheduled event.
f. In addition, FWGC will require any of its contractors and their subcontractors to
obtain and maintain in full force and effect a Liquor Liability policy in the
minimum amount of $1,000,000 for any event or activity at which alcoholic
beverages may be sold, provided or allowed to be consumed in the Botanic
Garden.
16.02 Certificates of insurance evidencing all required insurance shall be delivered to CITY
prior to occupancy.
a. Applicable policies shall be endorsed to name City an Additional Insured thereon, as
its interests may appear. The term City shall include its employees, officers, officials,
agents,and volunteers as respects the contracted services.
b. Certificate(s) of insurance shall document that insurance coverage specified in this
agreement are provided under applicable policies documented thereon.
c. Any failure on the part of the City to request required insurance documentation shall
not constitute a waiver of the insurance requirements.
d. A minimum of thirty (30) days notice of cancellation or material change in coverage
effecting the required lines and limits of insurance shall be provided to the City. A ten
(10) days notice shall be acceptable in the event of non-payment of premium. Notice
shall be sent to the Director, PACSD, City of Fort Worth, 4200 South Freeway, Suite
2200, Fort Worth,Texas 76115-1499.
e. Insurers for all policies must be authorized to do business in the State of Texas and
have a minimum rating of A: VII in the current A.M. Best Key Rating Guide or have
reasonably equivalent financial strength and solvency to the satisfaction of Risk
Management.
f. Deductible limits, or self insured retentions, affecting insurance required herein shall
be acceptable to City in its sole discretion; and, in lieu of traditional insurance, any
alternative coverage maintained through insurance pools or risk retention groups must
also be approved. Dedicated financial resources or letters of credit may also be
acceptable to City.
g. Applicable policies shall each be endorsed with a waiver of subrogation in favor of
City.
h. City shall be entitled, upon its request and without incurring expense, to review the
FWGC's insurance policies including endorsements thereto and, at the City's
discretion, FWGC may be required to provide proof of insurance premium
payments.
i. The Commercial General Liability insurance policy shall have no exclusions by
endorsements that have effect on the lines and limits of insurance required in this
agreement, unless the City approves such exclusions.
SECTION 17.
CHARITABLE ORGANIZATION
17.01 FWGC agrees that if it is a charitable organization, corporation, entity or individual
enterprise having, claiming or entitled to any immunity, exemption (statutory or otherwise) or
limitation from and against liability for damage or injury to property or persons under the
provisions of the Charitable Immunity and Liability Act of 1987, C.P. R.C., § 84.001 et seq., or
other applicable law, that FWGC hereby expressly waives its right to assert or plead
defensively any such immunity or limitation of liability as against City. Copy of the
documentation stating this organization's status as a 501(3)(c) entity is due annually, by May
1 s`of each year, to the address specified below under Notices.
SECTION 18.
INDEPENDENT CONTRACTOR
18.01 It is expressly understood and agreed that FWGC shall operate as an independent
contractor in each and every respect hereunder and not as an agent, representative or employee
of the City. FWGC shall have the exclusive right to control all details and day-to-day
operations relative to the activities under this Agreement and shall be solely responsible for the
acts and omissions of its officers, agents, servants, employees, contractors, subcontractors,
licensees and invitees. FWGC acknowledges that the doctrine of respondeat superior will not
apply as between City and FWGC, its officers, agents, servants, employees, contractors,
subcontractors, licensees and invitees. FWGC further agrees that nothing in this Agreement
will be construed as the creation of a partnership or joint enterprise between City and FWGC.
SECTION 19.
NON-DISCRIMINATION/DISABILITIES
19.01 FWGC, for itself, its personal representatives, successors in interest and assigns, as part
of the consideration herein, agrees as a covenant running with the land that no person shall be
excluded from participation in or denied the benefits of FWGC's use of the Complex, Garden,
or Premises on the basis of race, color, national origin, religion, handicap, sex, sexual
orientation or familial status. FWGC further agrees for itself, its personal representatives,
successors in interest and assigns that no person shall be excluded from the provision of any
services on or in the construction of any improvements or alterations to the Complex, Garden,
or Premises on grounds of race, color, national origin, religion, handicap, sex, sexual
orientation or familial status.
8 - °,
SECTION 20.
WAIVER
20.01 The failure to insist upon a strict performance of any of the covenants or agreements
herein set forth or to declare a forfeiture for any violation thereof shall not be considered or
taken as a waiver or relinquishment for the future of City's rights to insist upon a strict
compliance by FWGC with all the covenants and conditions.
SECTION 21.
FORCE MAJEURE
21.01 It is expressly understood and agreed by the parties to this Agreement that if the
performance of any obligations hereunder is delayed by reason of war; civil commotion; acts
of God; inclement weather; governmental restrictions, regulations, or interferences; fires;
strikes; lockouts; national disasters; riots; material or labor restrictions; transportation
problems; or any other circumstances which are reasonably beyond the control of the party
obligated or permitted under the terms of this Agreement to do or perform the same, regardless
of whether any such circumstance is similar to any of those enumerated or not, the party so
obligated or permitted shall be excused from doing or performing the same during such period
of delay, so that the time period applicable to such design or construction requirement shall be
extended for a period of time equal to the period such party was delayed.
SECTION 22.
SECTION HEADINGS
22.01 The headings in this License are inserted for reference only, and shall not define or
limit the provisions hereof.
SECTION 23.
SEVERABILITY
23.01 In the event that any clause or provision of this License shall be held to be invalid by
any court or competent jurisdiction, the invalidity of such clause or provision shall not affect
any of the remaining provisions hereof.
SECTION 24.
DISPOSITION OF ASSETS
24.01 In the event of termination, or upon dissolution of FWGC, either voluntary or
involuntary, all assets held by FWGC for the Botanic Garden shall be transferred to the City
for the account of the PACSD, to be used in the Fort Worth Botanic Garden only. With the
approval of the PACSD Director, FWGC may transfer said assets to another organization for
use at the Botanic Garden only.
SECTION 25.
COMPLIANCE WITH COPYRIGHT LAW
25.01 FWGC agrees to assume full responsibility for complying with the Federal Copyright
Law of 1978 (17 U.S.C. 101, et seq.) and any Regulations issued thereunder including, but not
limited to, the assumption of any and all responsibilities for paying royalties which are due for
the use of copyrighted works in FWGC's performances or exhibitions to the copyright owner,
or representative of said copyright owner. City expressly assumes no obligations, implied or
otherwise, regarding payment or collection of any such fees or financial obligations. City
specifically does not authorize, permit or condone the performance, reproduction or other use
of copyrighted materials by FWGC or its agents or licensees without the appropriate licenses
or permission being secured by FWGC in advance. It is further agreed that FWGC shall
defend, indemnify and hold City harmless for any claims arising from nonpayment to licensing
agencies, including, but not limited to, ASCAP, BMI and SESAC or damages arising out of
Licensee's infringement or violation of the Copyright Law and/or Regulations. City expressly
assumes no obligation to review or obtain appropriate licensing and all such licensing shall be
the exclusive obligation of the FWGC. FWGC understands that they are responsible for
securing any and all licenses by artists/performers giving permission for the recordings. FWGC
is responsible for both reporting and payment of any music licensing fees that may be required
by law.
25.02 FWGC understands and agrees that without the proper license obtained by FWGC,
there is a risk of an injunction or money damages arising from a copyright lawsuit brought by
ASCAP, BMI, SESAC or any other licensing agency.
25.03 If FWGC and City co-sponsors an event, compliance with Copyright Law will be the
responsibility of City, under its existing license; however, FWGC agrees to comply with the
terms of City's current ASCAP and BMI contracts.
SECTION 26.
HOMELAND SECURITY
26.01 If the United States Department of Homeland Security issues a Level Orange or Level
Red Alert, City, in its sole discretion, after consultation with FWGC, may cancel or postpone
any scheduled event in the interest of public safety. If City cancels the event, FWGC will be
entitled to a refund of any prior fees paid.
SECTION 27.
NOTICES
27.01 All notices required or permitted under this Agreement may be given to a party
personally or by mail, addressed to such party at the address stated below or to such other
address as one party may from time to time notify the other in writing. Any notice so given
shall be deemed to have been received when deposited in the United States mail so addressed
with postage prepaid:
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CITY:
Parks and Community Services Department
4200 South Freeway, Suite 2200
Fort Worth, TX 76115-1499
FWGC
Fort Worth FWGC, Inc.
3220 Botanic Garden Drive
Fort Worth, TEXAS 76107
With a copy to:
Sarah Fullenwider
City Attorney's Office
1000 Throckmorton
Fort Worth, Texas 76102
Or to such other address as said parties may hereafter designate by notice in writing addressed
and mailed or delivered to the other party hereto.
SECTION 28.
ENTIRE UNDERSTANDING
28.01 This License expresses the entire understanding and all agreements of the parties hereto
with each other and neither party hereto has made or shall be bound by any agreement or any
representation to the other party which is not expressly set forth in this License.
SECTION 29.
VENUE AND JURISDICTION
- 29.01 Venue shall be in the state courts located in Tarrant County, Texas or the United States
District Court for the Northern District of Texas, Fort Worth Division.
SECTION 30.
POWERS
30.01 It is understood that by execution of this Agreement, City does not waive or surrender
any of its governmental powers.
SECTION 31.
AMENDMENT
31.01 This Agreement cannot be modified or amended without the written consent of all
parties hereto, and said amendment attached and made a part of this Agreement.
SECTION 32.
EXECUTION
32.01 This Agreement may be executed in multiple counterparts, each of which will be
deemed an original, but which together will constitute one instrument.
IN WITNES WHEREOF the art'es have executed this License Agreement in
multiples, this. day of �, ' 2005.
CITY OF FORT WORTH FORT WORTH GARDEN CLUB, INC.
By: By:
4&06�-
ibby tson Diann Stadler
Assistant City.Manager President
r
r
ATTEST:
City Secret
APPROVED AS TO FORM
AND LEGALITY:
B
Sarah Fullenwider,
Assistant City Attorney
contract authorization
Date
12If M�1 ;i;
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 2/22/2005
DATE: Tuesday, February 22, 2005
LOG NAME: 80FWGCCONTRACT REFERENCE NO.: C-20541
SUBJECT:
Authorize Execution of Contract Renewal with Fort Worth Garden Club, Inc.
IIN I plllll
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract renewal with the
Fort Worth Garden Club, Inc. (FWGC) for a primary term of ten years with two additional five-year renewal
options.
DISCUSSION:
On September 25, 1984 (M&C C-8639), the City Council authorized the City Manager to execute a contract
with the Fort Worth Garden Club, Inc. (FWGC) to permit them to construct the Garden Center Conservatory
Complex at no cost to the City. On September 24, 1985, (M&C C-9250), the City Council authorized the
City Manager to execute a contract with the FWGC to permit them to construct a Lecture Hall as a part of
the Garden Center Conservatory Complex. Upon the City's acceptance of the donation of these facilities,
the City agreed to operate and maintain them as public facilities primarily for educational purposes and
secondarily for other meetings of public interest and benefit.
The City controls all operations of the Garden Center Conservatory Complex. All revenue generated
through this complex is deposited into a special fund maintained by the Fort Worth Garden Club, Inc. and
used only for the operation, expansion or improvement of this complex or the Fort Worth Botanic Garden,
with the written consent of the Parks and Community Services Director.
These two contracts were written to expire on the same date, September 30, 2004. The FWGC wishes to
continue this contractual agreement with the City and requests a new contract that consolidates both
original contracts into one.
It is understood and agreed that the purpose of continuing this agreement is to provide for the best
practicable operation of the Garden Center Conservatory Complex for the benefit of the public, while
preserving the non-commercial atmosphere of the Botanic Garden. If it should become undesirable to
continue the operations described by the proposed agreement, the City Council could modify or discontinue
the operations. City staff recommends continuing the current arrangement which would benefit the public,
Botanic Garden and City of Fort Worth.
The Fort Worth Botanic Garden is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
Logname: 80FWGCCONTRACT Page 1 of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office b Libby Watson (6183)
Originating Department Head: Randle Harwood, Acting (5704)
Additional Information Contact: Sandra Youngblood (5755)
Logname: 80FWGCCONTRACT Page 2 of 2