HomeMy WebLinkAboutContract 38500-A3 CITY SECRETARY ✓�
COMACT NO. J� 3
THIRD AMENDMENT TO CITY SECRTARY CONTRACT NO.38500
A LICENSE AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND MAYFEST, INC.
This THIRD AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 38500
("Third Amendment"), as amended and renewed, is made and entered into by and between the City of
Fort Worth ("City"), a home-rule municipal corporation of the State of Texas, acting by and through its
duly authorized Assistant City Manager, and Mayfest, Inc. ("Licensee"), a Texas nonprofit corporation,
acting by and through its duly authorized Executive Director.
WHEREAS, the City owns a tract of parkland known as Trinity Park, 2401 University Drive,
Fort Worth, Texas 76107 ("Park");
WHEREAS, since 1973, the City and Licensee have been parties to a series of agreements
authorizing Licensee to use portions of the Park for an annual outdoor recreation event known as Mayfest
("Event");
WHEREAS, on April 30,2009, the parties entered into a five-year Agreement allowing Licensee
access to a portion of the Park, as well as a tract of land located at 2850 Crestline for the purpose of the
Event and related parking, the same being City Secretary Contract("CSC")Number 38500;
WHEREAS, on May 16, 2011, the parties amended CSC Number 38500, revising rent
calculations from a percentage only method to a hybrid system involving a base rent plus a percentage of
net operating profits, the same being CSC Number 38500-A1;
WHEREAS, on February 12, 2014, the parties renewed CSC Number 38500 to extend the term
through April 29, 2019,the same being CSC Number 38500-R1;
WHEREAS, on April 23, 2014, the parties amended CSC Number 38500 to add additional
parking locations for the 2014 Event;
WHEREAS, the parties wish to amend CSC Number 38500, as amended by CSC 38500-A1,
renewed by CSC 38500-R1, and amended by CSC 38500-A2 (collectively, the "Agreement"), for a third
time to expand the Licensed Premises and to clarify the authorized uses and restrictions and the duties and
responsibilities of the parties;
NOW, THEREFORE, City and Licensee agree to amend the Agreement as follows:
1.
Section 1,"Premises", of the Agreement is amended to be and read in its entirety as follows:
1.01 For and in consideration of the rental payments to be paid hereunder and
other valuable promises, covenants, and agreements herein contained, City does
t hereby grant to Licensee permission to use and occupy in accordance with the
terms of this Agreement a certain portion of the City-owned real property known
as Trinity Park, 2401 University Drive, Fort Worth, Texas 76107 ("Park") to
%y `� FQ conduct the Mayfest event ("Premises") as more specifically shown in Exhibit A
`�Oq� ?p�8 which is attached hereto and incorporated herein for all purposes as if fully set
sFC9�jg9�gTti forth herein. The Premises shall consist of the"Mayfest Boundaries" as identified
in Exhibit A.
EOFFICIALCORDThirdAmendment to CSC 38500 MARY Pagel of 6
1.02 Within the Premises, shall be located a portion of the Premises identified
as the "Mayfest Controlled Access Fenced Area" as depicted in Exhibit A.
Licensee shall be authorized to install fencing and control access of the public to
the Mayfest Controlled Access Fenced Area. Licensee may authorize alcohol
sales and alcohol consumption within the Mayfest Controlled Access Fenced
Area. Licensee shall not authorize or allow the sale or consumption of alcohol in
any other portion of the Premises.
1.03 Licensee shall use the Premises solely for the purposes of setting up,
operating, and taking down the annual Mayfest event in accordance with the
requirements of this Agreement.
1.04 Licensee shall coordinate with the City to ensure that vehicular access to
specific locations within the Premises, within the Park and in areas that provide
access to the Park are blocked, except for vehicles authorized to enter the
Premises as agreed to by the City and Licensee. Licensee shall further coordinate
with the City to ensure that appropriate signage, including temporary signage, for
vehicular traffic is posted. Licensee shall ensure that, except for the Mayfest
Controlled Access Fenced Area, pedestrian and bicycle access to the Licensed
Premises and other areas of the Park for recreational activity within the Park
remain upon to the public during the Mayfest event.
1.05 Licensee understands that City has entered into a Temporary License
Agreement with TEP Barnett USA, LLC ("TEP"), in City Secretary Contract No.
50301, which provides TEP with access to the Aussie Pad Site located at the
southeast corner of the intersection of Lancaster Avenue and Foch Street.
Licensee agrees that Licensee shall not interfere with TEP's access to the Aussie
Pad Site from University Drive, to Crestline Road,through the City's old Armory
Site and on Foch Street as depicted in Exhibit B to this Agreement during the
2018 Mayfest event, and during the 2019 Mayfest event if the construction of
Trail Drive has not been completed before the 2019 Mayfest Event.
1.06 The insurance provided by Licensee pursuant to Section 12 of this
Agreement shall cover the entire Premises, including both the "Mayfest
Boundaries" and the portion of the Premises referred to herein as the "Mayfest
Controlled Access Fenced Area"
2.
Section 4.02, Subsections 1 and 2 of the Agreement are amended to be and read as follows:
1. Staff and equipment as requested by Licensee to assist with the set-up and take-down
of the Mayfest Controlled Access Fenced Area, provided such staff and equipment
are available.
2. Trash pickup in and around the Premises before, during, and after each day of the
Mayfest event as well as in and around the Mayfest Controlled Access Fenced Area
on the set-up days for the event.
Third Amendment to CSC 38500 Page 2 of 6
3.
Exhibit A of the Agreement is amended in its entirety to read and be as set forth in Attachment I
to this Third Amendment.
4.
Exhibit B of the Agreement is amended to read in its entirety as set forth in Attachment 2 to this
Third Amendment.
5.
Exhibits C of the Agreement is hereby deleted in its entirety.
6.
All other terms and conditions of the Agreement that are not specifically amended herein shall
remain in full force and effect throughout the term of the Agreement and any renewals thereof.
6.
All terms in this Third Amendment that are capitalized but not defined shall have the meanings
assigned to them in the Agreement.
[SIGNATURES ON FOLLOWING PAGE]
Third Amendment to CSC 38500 Page 3 of 6
EXECUTED in multiple parts on this the day of 2018.
CITY OF FORT WORTH MAYFEST,INC.
By: By:
Fernando Costa Name: E,�V7Ab-e-1
Assistant City Manager Title:
SMeaA±i v.*-
RECOMMENDED:
ichard Zavala
irector,Park&Recreation Department
APPROVED AS TO
FORM AND LEGALITY:
Assistant City Attorney
ATTEST: Contract Compliance Manager:
By signing I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ary J. a er ensuring all performance and reporting
City Secary requirements.
Contract Authorization: �OF FRT Title:
M&C C-23491
M&C C-24777 * Name: C v I- /y,+71
Title
St/l�YEAXAf),�A196AI7
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As
OFFICIAL R@C,ORD
CITY$20RITARY
Third Amendment to CSC 38500 Page 4 of 6
ATTACHMENT 1
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Third Amendment to CSC 38500 Page 5 of 6
ATTACHMENT 2
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Third Amendment to CSC 38500 Page 6 of 6
M&C Review Page 1 of 2
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA FOR WORTH
COUNCIL ACTION: Approved on 4/28/2009
DATE: 4/28/2009 REFERENCE NO.: C-23491 LOG NAME: 80MAYFEST2009
CODE: C TYPE: NON -CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize the Execution of a License Agreement with Mayfest, Inc., for the Use of Trinity
Park for the Annual Mayfest Event
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a License Agreement
with Mayfest, Inc., for the use of Trinity Park for the annual Mayfest event.
DISCUSSION:
Mayfest has been a popular and successful event in Trinity Park since 1973. The event is sponsored
by the Junior League of Fort Worth, Streams and Valley, Inc., the Tarrant Regional Water District, as
well as the City of Fort Worth Parks and Community Services Department. Mayfest, Inc., is a Texas
non-profit corporation organized for the sole purpose of presenting Mayfest.
Mayfest attendance typically exceeds 200,000 persons. Twenty percent of Mayfest proceeds are paid
to the City to support Parks and Community Services Department (PACS) programs, equipment
purchases, and facility improvements. These proceeds totaled approximately $25,800.00 during Fiscal
Year 2008. Mayfest, Inc., disburses the other 80 percent of their profits to the Junior League of Fort
Worth and Streams and Valleys, Inc., who in turn support the community through various projects and
support programs.
The dates for Mayfest 2009 are April 30th to May 3rd. Future festival dates are subject to the approval
of the Parks and Community Services Director.
The proposed term of the Agreement is an initial 5-year term with options to renew for 2 additional
5-year periods. The previous agreement was for 5 years including two 5-year renewal options and ran
from April 30, 1994, to April 29, 2009.
Mayfest, Inc., will not be charged any additional fees by PACS for the use of the park, facilities, or
services provided by Parks and Community Services since 20 percent of the proceeds are paid to
PACS as noted above. Mayfest, Inc., will provide the necessary insurance as required by the City.
Either party may terminate and cancel the Agreement without cause upon 90 days written notice to the
other during the initial term or any renewal term.
Trinity Park is located in COUNCIL DISTRICT 9 and Mayfest is a city-wide family -oriented event.
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 due to the City under this
agreement.
TO Fund/Account/Centers FROM Fund/Account/Centers
FE72 488100 080502110030 $25.000.00
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=l1346&councildate=4/28/2009 4/30/2018
M&C Review
Page 2 of 2
Submitted for Citv Manaaer's Office bv:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Charles Daniels (6183)
Richard Zavala (5704)
Sandra Youngblood (5755)
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=l1346&councildate=4/28/2009 4/30/2018
M&C Review
Page 1 of 2
CITY COUNCIL AGENDA
Official site of the City of Fort Worth, Texas
EaT>H
COUNCIL ACTION: Approved on 3/8/2011
DATE: 3/8/2011 REFERENCE NO.: **C-24777 LOG NAME: 80MAYFEST2011
CODE: C TYPE
CONSENT PUBLICNO
HEARING:
SUBJECT: Authorize Amendment to Modify the Fee Structure in City Secretary Contract 38500,
License Agreement with Mayfest, Inc., for the Use of Trinity Park for the Annual Mayfest
Event
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an amendment to City
Secretary Contract No. 38500, License Agreement with Mayfest, Inc., for the use of Trinity Park for
the annual Mayfest event, modifying the fee structure from 20 percent of net annual operating profits,
to a fixed annual amount of $25,000.00 plus 10 percent of net profits.
DISCUSSION:
Mayfest has been a popular and successful event in Trinity Park since 1973. The event is sponsored
by the Junior League of Fort Worth, Streams and Valley, Inc., the Tarrant Regional Water District, as
well as the City of Fort Worth Parks and Community Services Department (PACS). Mayfest, Inc. is a
Texas non-profit corporation organized for the sole purpose of presenting Mayfest.
On April 8, 2009, the City Council approved M&C C-23491 authorizing the City Manager to execute a
license agreement with Mayfest, Inc. (City Secretary Contract No. 38500) for the use of Trinity Park
for the annual Mayfest event. The agreement stipulated that Mayfest, Inc. would pay 20 percent of
the annual event proceeds to PACS for the use of the park, facilitieis or services provided by PACS.
The annual payment to the City has been used to support PACS programs, services, equipment
purchases and facility improvements. Over the past ten years, 20 percent of the net proceeds
received by the City from Mayfest have ranged from $0.00 to $40,000.00; the average 20 percent of
net proceeds distributed to the City over this time period has been $21,120.00. Mayfest, Inc.
disburses the remaining net operating proceeds to the Junior League of Fort Worth and Streams and
Valleys, Inc. who in turn support the community through various projects and support programs.
The proposed modified fee structure provides PACS with an established base amount that can be
used to more consistently budget for the use of proceeds and permits and Mayfest, Inc. can reclassify
its current variable fee as a fixed expense, in part. The fixed expense component of the the fee shall
continue through the existing contract term terminating on April 29, 2014, at such time the
modification shall be reviewed and adjustments made to ensure equity in proceeds distribution
between the City and Mayfest, Inc. All other terms and stipulations of the license agreement remain
intact. If Mayfest is cancelled or fails to occur as a result of any action by the City or a force majeure
event beyond the control of Mayfest, then no payment is due.
Mayfest, Inc., will not be charged any additional fees by PACS for the use of the park, facilities, or
services provided by PACS, excluding any of the costs incurred repairing damage to the parks
fixtures, structures or natural environment during Mayfest.
Trinity Park is located in COUNCIL DISTRICT 9 and serves the entire city.
FISCAL INFORMATION/CERTIFICATION:
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=l 4739&councildate=3/8/2011 4/30/2018
M&C Review
Page 2 of 2
The Financial Management Services Director certifies that the Parks and Community Services
Department is responsible for the collection and deposit of funds due to the City.
TO Fund/Account/Centers
FE72 488100 080502110030 $25.000.00
Submitted for Citv Manaqer's Office bv:
Oriainatina Department Head:
Additional Information Contact:
ATTACHMENTS
FROM Fund/Account/Centers
Susan Alanis (8180)
Richard Zavala (5704)
Sandra Youngblood (5755)
http://apps.cfwnet.org/council_packetlmc_review.asp?ID=1473 9&councildate=3/8/2O l l 4/3 0/2018