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Home My WebLink AboutContract 35186 (2), ��;i I�•r vt��i��/��f' L''�' I u . ' � � � ,:.;COfrJ`�"f��t�� !� . v AMENDMENT OF CITY SECRETARY CONTRACT NUMBER 32788 LICENSE AGREEMENT WITH FORT WORTH BOTANICAL SOCIETY STATE OF TEXAS § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF TARRANT § This AMENDMENT is made and entered into this the _L 1=� day of , 2007, by and between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas, located within Tarrant, Denton, Parker, and Wise Counties, Texas (Hereinafter referred to as the "CITY") and the Fort Worth Botanical Society, Incorporated, a legally constituted non-profit entity (hereinafter referred to as the "FWBS") acting by and through its duly authorized President. WHEREAS, on October 1, 2005, the City, by and through its Assistant City Manager, entered into a License Agreement with the FWBS, the same being City Secretary Contract Number 32788; and WHEREAS, in September 2005, the need for a revised Master Plan and a Strategic Plan for the Botanic Garden was identified as critical to the operation of the Botanic Garden; and WHEREAS, funds from gas royalty revenues have been identified to partially fund the development of the Master Plan and Strategic Plan; and WHEREAS, FWBS currently oversees and disburses funds for the operation of the Japanese Garden; and WHEREAS, it is a logical addition to City Secretary Contract Number 32788 to delegate the collection and disbursement of funds for the development of the Master Plan and Strategic Plan to the FWBS; NOW, THEREFORE, City and the FWBS agree to the following: 1. Section 8, "RECORDS; REPORTS; AND AUDITS", follows: paragraph 8.02 is amended as � ��;,:, ,�.. � �.J�11�L.��I:��.L �,iS`/V�aLt � � �.� �a��r ��n^; s 'v � � `�� `;;�'�'�:: J:: s ��='� ;,l ;1 � -`;;.�`„�,;�;�' U ��;� i �o . �✓ � : � ��(l, � .-. G�, e "FWBS agrees to maintain complete and accurate records of admissions to the JG, including the number of persons assisting or visiting who are members of the FWBS. FWBS further agrees to maintain complete and accurate records of all money disbursed to them and of all money paid by them for the development of the Master Plan and Strategic Plan." 2. Section 8, "RECORDS; REPORTS; AND AUDITS", paragraph 8.04 is amended as follows: "City and FWBS mutually covenant and agree that the aforesaid monies, including funds for the Master and Strategic Plans (the Plans), shall be placed in a restricted account maintained by the FWBS, the monies of which shall be used solely for their intended purpose for the operation, expansion, or improvement of the FWBG." 3. Section 9, "CONSTRUCTION; IMPROVEMENTS; LICENSES", is amended to add the following: 9.03 FWBS shall receive and disburse all City Council appropriated funds for the development of the Plans. FWBS shall have the authority to award, execute and manage any and all contracts for the consultant selected to draft the Plans. FWBS shall comply with the City's M/WBE Ordinance No. 15530 during the award and administration of contracts. The Consultant has committed to 20% M/WBE goal, as per his written commitment attached hereto as Exhibit A. FWBS shall provide to the City on May lst of each year an annual report regarding this project's achievement in comparison to the City's goal of 25%. FWBS shall ensure compliance with all federal, state, and municipal laws, statutes, rules, regulations, and all charter provisions. Once approved, FWBS shall present the Plan to the Parlcs and Community Services Advisory Board for approval. 9.04 FWBS will worlc with the Future of the Garden Committee (the Committee) who is responsible for interviewing for the selection of the consultant firm and reviewing the development of the Plans. The Committee will report to FWBS on the status of the Plans and be responsible for recommending progress payments as certain percentages of the Plans are completed. 4. All other terms and provisions of the original Agreement between the City and FWBS including the remaining provisions of Section 8 and Section 9 shall remain in full force and effect except as specifically amended herein. � IN WI'TNESS WHEREOF, the pa s hereto ha e ecu d this agreement in multiples in Fort Worth, Tanant County, Texas, this 1� day of �I , 2007. CITY OF FORT WORTH '� � / � -- By: / i �- � � ��-.�C_-'��/: _ Libby Watsod Assistant Ciry Manager FORT WORTH BOTANICAL SOCIETY, INC. < B ��, l�, Y� Sheila Hill President APPROVED AS TO FORM AND LEGALITY: � ' �� By ;;,"'� . �> ,, < < :i" % � ` .. { � Assistant City Attorney TEST: C/ V ` • City Secre _...`-�L.,�� .��1 :or.rract �,u�horization �___�. �� _� _�-- :�-,r_a a.�.-�..—�.___-. �� '�;,2�y''� � , i��_� , � . � �J� J•�� :=�,� l�S�,�!�jt?(�' � vJ?'��' �"sc'��S�I�s}��f � ✓ J I: ;J� 1 f� J��•I J�'I' r ' �'�I�� II 5:,�:�.. _ . � . _ . . _ ..� E�HIBIT A � � -.,,. �'..�.I i ,{ �IQ�eOf� t0�� .. �_ ; � � March 8, 2007 Mr. Henry Painter Fort Worth Botanic Garden 3220 Botanic Garden Blvd. Fort Worth, TX 76107 Re: Commitment to MWBE Involvement on the Botanic Garden Master Plan Dear Mr. Painter: 500 1h�esi Ssventh Streei Suite i 400 Fort Wo�th, Te>;as �G102 Tel 617.335.4991 Fax 817.8r'7.i861 wvd�n�.oideontoai.com It is my pleasure to commit to a goal of 20% ($25,000) involvement of "MWBE" eligible companies in our work on the Botanic Garden Master Plan. I have already investigated various eligible companies in Fort Worth, and I am confident that we can achieve that goal. We are looking at public relations and engineering firms that are approved "MWBE." Please let me know if you need any other information and I will be happy to work with you and others to confirm this as we negotiate contracts to move forward in the near future. Sincerely, W � James Toal, Principal Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/6/2007 - Ordinance No. 17435-03-2007 �� DATE: Tuesday, March 06, 2007 LOG NAME: 80BGMASTERPLAN REFERENCE NO.: G-15626 SUBJECT: Approve Amendment No. 1 to City Secretary Contract No. 32788 with the Fort Worth Botanical Society to Authorize its Award and Administration of Contracts to Partially Fund a Master Plan and Strategic Plan for the Fort Worth Botanic Garden and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to approve Amendment No. 1 to City Secretary Contract No. 32788 with the Fort Worth Botanical Society to authorize its award and administration of contracts and require its compliance with the City's M/WBE Ordinance No. 15530 during such award and administration; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by $125,000 in the Park Gas Lease Project Fund from gas well royalty revenues to partially fund a Master Plan and Strategic Plan for the Fort Worth Botanic Garden. DISCUSSION: On September 13, 2005, the City Council approved M&C C-20993, which authorized the execution of a contract with the 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 Shop. The contract also established the procedure for new construction or improvements in the Fort Worth Botanic Garden. The proposed Amendment No. 1 will authorize the Botanical Society to receive and disburse funds from gas royalty revenue for the Master Plan and Strategic Plan for the Botanic Garden. As part of the management and oversight of the Master Plan and Strategic Plan, the Botanical Society will be authorized to award and administer contracts. In 2004, the Botanic Garden received a grant from the American Association of Museums, through the Institute of Museum and Library Services for a Museum Assessment Program Institutional Assessment. On- site meetings and research were conducted during May 2005 and the final assessment report was provided in September 2005. The assessment evidenced the Botanic Garden's immediate need for a revised Master Plan and a Strategic Plan. The Master Plan will consider the physical map of the Botanic Garden reflecting desired landscape changes, improvements and additions. The Strategic Plan will be a process as well as a plan of action to guide the Botanic Garden into the future and will list major goals, specific objectives and action steps. The Future of the Garden Committee will oversee the development of the Master Plan and Strategic Plan. The committee members include representatives from the Botanical Research Institute of Texas (BRIT), the City of Fort Worth, and other Botanic Garden support organizations and other community volunteers. The committee is in the process of raising the projected $300,000 needed to procure the two plans. Upon adoption of Recommendation No. 2 above, and with total donations received to date, the secured funds will total $250,000. The Botanical Society, the Fort Worth Garden Club, and BRIT each contributed $25,000 http://www.cfwnet.org/council packet/Reports/mc�rint.asp 4/11/2007 Page 2 of 2 and the Mo�ic� i�f Endowment Fund contributed $50,000. It is expected that other outside entities will contribute the remaining $50,000. The Parks and Community Services Advisory Board endorsed staff's recommendation to partially fund a Master Plan and Strategic Plan for the Botanic Garden on November 29, 2006. The Fort Worth Botanic Garden is located in COUNCIL DISTRICT 7 and is a city-wide facility. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendation and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Park Gas Lease Project. TO Fund/AccountlCenters C282 446200 801929990100 $125,000.00 C282 541600 801929990100 $125,000.00 Submitted for City Manager's Office b� Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers Libby Watson (6183) Melody Mitchell (Acting) (5704) Sandra Youngblood (5755) httn://www.cfwnet.or�/council packet/Reports/mc print.asp 4/11/2007