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SECOND AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 32788
LICENSE AGREEMENT
WITH FORT WORTH BOTANICAL SOCIETY, INC.
This SECOND AMENDMENT TO CITY SECRETARY CONTRACT NUMBER
32788 ("Second Amendment") is made and entered into this the 10th day of January, 2012, by and
between the CITY OF FORT WORTH, a home-rule municipal corporation of the State of Texas
(the "City"), acting by and through its duly authorized Assistant City Manager, and THE FORT
WORTH BOTANICAL SOCIETY, INC., a Texas non-profit corporation (the "FWBS"), 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 as 2000 University Drive, Fort Worth, Texas 76107 (the "FWBG"); and
WHEREAS, since 1973, the FWBS and the City have been party to a series of agreements
pursuant to which the FWBS has operated the Japanese Garden and performed other designated
functions related to the FWBG, with the current agreement being City Secretary Contract Number
32788 (the"Contract"); and
WHEREAS, in accordance with Section 9 of the Contract, FWBS, in consultation with the
City, is charged with "planning and providing for" new construction and improvements in the
FWBG and is charged with performing such construction and improvements in accordance with all
applicable provisions of state and local law; and
WHEREAS, on August 20, 2010, Ms. Muriel Pemberton Dowe, a long-time member of the
Hoe `n' Grow Garden Club, died and left a portion of her estate to the FWBG "in memory of V.
Benner Dowe and Muriel P. Dowe"; and
WHEREAS, on June 14, 2011, the Fort Worth City Council adopted M&C C-24983, which
authorized acceptance of a monetary donation from the Dowe estate in the amount of approximately
$170,000.00 and authorized amending the Contract so that the FWBS could administer use of the
bequeathed funds to undertake mutually agreed improvements at the FWBG; and
WHEREAS, the parties wish to amend City Secretary Contract Number 32788 to establish
the process for identifying and implementing improvements at the FWBG in accordance with the
terms of M&C C-24983.
NOW,THEREFORE, City and the FWBS hereby agree as follows:
I.
That Section 8, "Records; Reports and Audits," of Fort Worth City Secretary Contract Number
32788 is hereby amended to add new subsections 8.05, 8.06, 8.07,
Worth Botanic and 8.08 to read as follows:
8.05 City agrees to make a one-time deposit to the Special Trust Fund, Botanic
Garden Projects, equal to the net amount of the bequest received from the estate of
Muriel Pemberton Dowe, which is estimated to equal approximately One Hundred
and Seventy Thousand Dollars ($170,000.00) (the "Dowe Bequest"), with such funds
to be used solely toward projects and improvements at the Fort Worth Botanic_
Garden that meet the requirements of Subsections 8.06 and 8.01 __._.
OFFICIAL RECORD
Second Amendment to CSC 32788 _ , ,� CITY SECRKTAKY3
FT. WORTH, TX
8.06 City shall, in cooperation with the FWBS, identify and prioritize projects in
the Botanic Garden that are to be funded in whole or in part using funds from the
Dowe Bequest ("Identified Projects") and shall establish the amount to be spent from
the Dowe Bequest for each Identified Project. In establishing hierarchy among
Identified Projects, City shall give priority to projects that address previously
unforeseen health or safety needs, critical infrastructure requirements, or any
condition that requires immediate action to comply with a legal mandate. Until all
funds from the Dowe Bequest have been fully expended, the City may, in
cooperation with the FWBS, periodically revise and reprioritize the list of projects,
the amount of funding, or both.
8.07 FWBS shall be responsible for implementing the Identified Projects in
accordance with Section 9 of this Agreement. In implementing the Identified
Projects, the FWBS shall work with City staff to ensure that the contribution in
memory of V. Benner Dowe and Muriel P. Dowe is appropriately acknowledged.
After making an expenditure for an Identified Project, FWBS shall provide the City
with a signed invoice identifying the project, summarizing the nature of the
expenditure, and requesting reimbursement. If the City requires additional
reasonable information, it shall request the same promptly after receiving the above
information, and the FWBS shall provide such additional reasonable information to
the extent the same is available. Invoices shall be submitted to Wil Johnson, Senior
Contract Compliance Specialist, City of Fort Worth - Parks and Community Services
Department, 4200 South Freeway, Suite #2200, Fort Worth, Texas 76115. Invoices
are due and payable within 30 days of receipt. Total reimbursement for an Identified
Project shall not exceed the amount allocated by the City in accordance with
Subsection 8.06.
8.08 FWBS agrees to maintain complete and accurate records, books, and
accounts according to customary and accepted business practices documenting all
money received and used by FWBS in connection with all Identified Projects. City
or its representatives shall have the right to audit same at any reasonable time. In
addition, financial transactions and statements related to the design and construction
of the accessibility improvements shall be included in the annual audit required
under Section 8.03.
All other provisions of Section 8, "Records; Reports and Audits," shall remain in full force and
effect throughout the term of City Secretary Contract Number 32788 and any renewals thereof.
II.
That Section 9, "Construction; Improvements; Licenses," of Fort Worth City Secretary Contract
Number 32788 is hereby amended to add new subsections 9.03 and 9.04 to read as follows:
9.03 FWBS shall provide for and manage the construction of Identified Projects in
accordance with the requirements of Subsections 9.01 and 9.02 and shall, for any
project involving expenditure of Fifty Thousand Dollars ($50,000.00) or more in
City funds (including, but not limited to, the Dowe Bequest), undertake a
competitive bidding process to select a contractor to implement the improvements.
Second Amendment to CSC 32788 Page 2 of 3
9.04 In accordance with City Code, the City has goals for the participation of
minority business enterprises and woman business enterprises ("NMBE") in City
contracts. FWBS shall cooperate with City personnel in establishing a goal for any
Identified Project that involves expenditure of Fifty Thousand Dollars ($50,000.00)
or more in City funds (including, but not limited to, the Dowe Bequest) and shall
undertake all reasonable efforts to ensure that its contractor meets the established
goal. Any misrepresentation of facts (other than a negligent misrepresentation)
and/or the commission of fraud by FWBS's contractor may result in debarment from
participating in City contracts for a period of time of not less than three (3)years
All other provisions of Section 9, "Construction; Improvements; Licenses," shall remain in full
force and effect throughout the term of City Secretary Contract Number 32788 and any
renewals thereof.
III.
All other terms and provisions of City Secretary Contract Number 32788 shall remain in full
force and effect except as specifically amended herein.
IN WITNESS WHEREOF, the panics hereto have executed this agreement in multiples in
Fort Worth, Tarrant County, Texas,this 1/�,4 day of )z 12012.
CITY OF FORT WORTH FORT WORTH BOTANICAL
SOCIETY, INC.
By: _ By:
Susan A ani Dolores Geisel
Assistant ity Manager President
APPROVED AS TO FORM AND LEGALITY:
By:
Assistant City Att r ey
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OFFICIAL RECORD
CITY SECRETARY
Second Amendment to CSC 32788 FT. WOR e"fXf 3
NI&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoR�H
COUNCIL ACTION: Approved on 6/14/2011 - 19740-06-2011
DATE: 6/14/2011 REFERENCE NO.: C-24983 LOG NAME: 80BG DOWE
ESTATE
CODE: C TYPE: NON-CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize the City Manager to Accept a Monetary Donation of Approximately
$170,000.00 from the Muriel Pemberton Dowe Estate for Improvements in the Fort Worth
Botanic Garden, Authorize an Amendment to City Secretary Contract No. 32788 with the
Fort Worth Botanical Society for Improvements to the Botanic Garden and Adopt
Appropriation Ordinance (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to accept a monetary donation for the Parks and Community Services
Department in the amount of approximately $170,000.00 from the Muriel Pemberton Dower Estate for
improvements in the Botanic Garden;
2. Authorize an amendment to City Contract No. 32788 with the Fort Worth Botanical Society to
authorize the Fort Worth Botanical Society to receive and disperse donated funds from the Muriel
Pemberton Dower Estate for improvements at the Fort Worth Botanic Garden; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Special Trust Fund, Botanic Garden Projects, by approximately$170,000.00 from available funds.
DISCUSSION:
The purpose of this M&C is to authorize the City Manager to accept a monetary donation for the
Parks and Community Services Department in the amount of approximately $170,000.00 from the
Muriel Pemberton Dowe Estate for improvements in the Botanic Garden. The uses of these funds is
to be determined by the Parks and Community Services Department in cooperation with the Fort
Worth Botanical Society. Identified projects in the Botanic Garden are to be undertaken by the Fort
Worth Botanical Society and funds expended for the project will be reimbursed through the Parks and
Community Services Department. Any unforeseen health or safety needs, critical infrastructure
requirements or any condition which require immediate action in order to comply with any legal
mandates shall receive priority for the use of donated funds.
Muriel Pemberton Dowe was a member of the Newcomers Hoe and Grow Garden Club that meets at
the Fort Worth Botanic Garden. Mrs. Dowe applied for a grant from her former employer, Shell Oil
Corporation, resulting in the Garden Club receiving several thousand dollars to purchase and install
plants in the City's Main Library. She was recognized as an accomplished portrait artist as well as for
her stitchery work. Mrs. Dowe passed away August 20, 2010.
On September 13, 2005, the City Council approved M&C C-20993,which authorized the execution of
a contract with the Fort Worth Botanical Society. (City Secretary Contract No. 32788)to provide,
among other things, the operation of the Japanese Garden, the Gardens Restaurant and the
Japanese Garden Gift Ship. The contract also established the procedure for new construction or
improvements in the Fort Worth Botanic Garden. The proposed Amendment No. II will authorize the
Fort Worth Botanical Society to receive and disburse donated funds from the Muriel Pemberton Dowe
http://apps.cfwnet.org/council_packeVmc_review.asp?ID=153 83&councildate=6/14/2011 1/11/2012
101&C Review Page 2 of 2
Estate for improvements in the Botanic Garden.
The Parks and Community Services Advisory Board endorsed this recommendation at its May 25,
2011 Board meeting.
The Botanic Garden is located in COUNCIL DISTRICT 7, Mapsco 76E, and serves the entire City of
Fort Worth.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that the Parks and Community Services
Department is responsible for the collection and deposit of funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
FE72 488100 080502101010 $170,000.00
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: Sandra Youngblood (5755)
ATTACHMENTS
80BG DOWE ESTATE A011.doc
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15383&councildate=6/14/2011 1/11/2012