HomeMy WebLinkAboutContract 52442 CITY SECRETARY
COWRACT NO. 2 a'
LICENSE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND
THE FORT WORTH SYMPHONY ORCHESTRA ASSOCIATION
FOR CONCERTS IN THE GARDEN
THIS LICENSE AGREEMENT("Agreement")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 the Fort Worth Symphony
Orchestra Association("FWSOA"), a Texas non-profit corporation, acting by and through its duly
authorized President. The City and FWSOA are referred to herein individually as a "party" and
collectively as the "parties."
WHEREAS,for approximately the past twenty-eight years,the City and the FWSOA have
held the Fort Worth Concerts in the Garden series, consisting of performances by the FWSOA and
other artists ("CITG"); and
WHEREAS, the prior agreement, City Secretary Contract No. 44552, as amended and
renewed, has expired; and
WHEREAS, the City and FWSOA desire to enter into a new agreement to continue the
CITG and establish the rights and responsibilities of the parties;
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, the City and the FWSOA do mutually covenant and agree as follows:
1.
Purpose
1.01 The purpose of this Agreement is to establish the terms and conditions pursuant to which
the City will provide FWSOA with use of designated portions of the Fort Worth Botanic Garden
("Garden") for the purpose of conducting the CITG.
2.
Premises
2.01 This Agreement addresses the use by FWSOA of the following tracts of land (collectively,
the "Premises") located in the Fort Worth Botanic Garden, 3220 Botanic Garden Boulevard, Fort
Worth, Texas 76107:
a. Tract One - CITG Site.
Being an approximately 20.5 acre tract of land bounded generally by the southern
LICENSE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND Q;1pit-A �®
THE FORT WORTH SYMPHONY ORCHESTRA ASSOCIATION 7y SECRETARY
FOR CONCERTS IN THE GARDEN
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right-of-way of Rock Springs Road on the south, Old Garden Road on the west and north,
and University Drive on the east. The location and boundaries of Tract One are illustrated
in Exhibit A,which is attached hereto and incorporated herein for all purposes as though it
were set forth at length.
b. Tract Two - CITG Parking.
Consisting of the following three parking lots and street-front parking area: the
Weekend Parking Lot (9W), the Japanese Garden Lot (9J), the Gardens Restaurant Lot
(9R),and parking along Rock Springs Road. The location and boundaries of Tract Two are
illustrated in Exhibit A, which is attached hereto and incorporated herein for all purposes
as though it were set forth at length.
C. Tract Three - Garden Center Parking.
Consisting of two designated parking lots: the Botanic Garden Center North Lot
(9N)and the Botanic Garden Center South Lot(9S). The location and boundaries of Tract
Three are illustrated in Exhibit A, which is attached hereto and incorporated herein for all
purposes as though it were set forth at length.
d. Office Space.
Being an interior office in the Rock Springs Building to be designated on each CITG
concert date by the Garden director or that individual's designee.
3.
Permitted Use
3.01 Tract One.
a. For and in consideration of the monetary payments to be made hereunder for the
benefit of the Garden and subject to the other conditions and terms provided herein,
the City does hereby agree to license to the FWSOA the property identified above as
Tract One for up to 60 days each calendar year, with no more than 30 concert dates, for
the purpose of(i) erecting a band shell, backstage area,patron tables, and lawn seating for
the CITG concerts and (ii) providing parking for artists and other FWSOA CITG
personnel along Rock Spring Drive between University Drive and Old Garden Road.
FWSOA shall be granted access to and use of Tract One on each CITG concert date
beginning at 3:30 p.m.On each CITG concert date,the Garden entrance at University Drive
and Rock Springs Drive will be closed to the public at 3:30 p.m. and access will be
controlled by FWSOA security to allow for FWSOA parking. The Garden Director shall
have authority, in his sole discretion, to close the Garden entrance and/or allow FWSOA
access to Tract One at an earlier time on a CITG concert date.
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THE FORT WORTH SYMPHONY ORCHESTRA ASSOCIATION
FOR CONCERTS IN THE GARDEN
b. For 2019, the CITG concert dates shall be June 7, 8, 9, 14, 15, 16, 21, 22, 23, 28,
29,and 30, and July 3,4, 5, 6 and 7. For all subsequent years,the FWSOA shall coordinate
with Garden staff(i) to establish an initial proposed schedule for the CITG concert dates
at least one year prior to the date of the first concert and (ii) to determine a finalized
schedule no later than September 1. FWSOA will provide the Garden director with a
finalized concert schedule and any changes in pricing by April 15th of each CITG year so
that the schedule may be added to the Fort Worth Botanic Garden website in a timely
manner.
C. In addition to use associated with holding the CITG, FWSOA shall be provided
reasonable access to and use of Tract One for rehearsal purposes. Exercise of this privilege
shall be contingent on FWSOA contacting the Garden director at least four weeks prior to
the date of the first concert of the season to negotiate the dates and times of rehearsal for
the upcoming season. FWSOA shall be given a June wedding schedule by April 1"
beginning with the 2020 CITG year. FWSOA shall make reasonable attempts to work
around this schedule, including any updates to it, when scheduling its rehearsals. The
Garden staff will provide weekly updates for Garden Center events and weddings to
FWSOA from May 28th through July 6th. The use of Tract One for rehearsal outside of
the scheduled times or the scheduling of rehearsals with less advance notice shall be at the
sole discretion of the Garden director. All rehearsals shall be scheduled by the Garden
director and conducted by FWSOA in a manner that minimizes impact on other functions
that are taking place at the Garden.
3.02 Tract Two.
a. For and in consideration of the monetary payments to be made hereunder for the
benefit of the Garden and subject to the other conditions and terms provided herein, the
City does hereby agree to license to the FWSOA beginning at 5:00 p.m. on CITG concert
days all parking spaces available on the property identified above as Tract Two to provide
patron parking for sale to the public.
b. FWSOA staff may contact Garden staff no earlier than April 15th to establish an
estimated number of salable parking spaces for each CITG concert date. Passes for the
estimated number of parking spaces within Tract Two may be sold in advance by FWSOA.
The City reserves the right to use 75 spaces in the Weekend Lot for parking in connection
with events being held at the Japanese Garden and the restaurant at the Botanic Garden,
respectively. Exercise of this right by the City will be conditioned on Garden staff
providing FWSOA with at least two weeks' advance notice of City's intent to use such
spaces.
C. On the day of each concert, Garden staff shall provide FWSOA with a final number
of available salable spaces for that day.
3.03 Tract Three.
a. The property identified above as Tract Three shall remain available for use by
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THE FORT WORTH SYMPHONY ORCHESTRA ASSOCIATION
FOR CONCERTS IN THE GARDEN
City staff, personnel associated with the Botanic Research Institute of Texas, Inc.
('BRIT"), and visitors to the Garden and BRIT except for those days on which
FWSOA elects to reserve and pay for use of the entire Botanic Garden Center (the
"BGC"). For dates on which FWSOA reserves the entire BGC, FWSOA shall be
entitled to use of all parking in Tract Three beginning at 5:00 p.m. save and except
fifteen spaces, which shall be selected by the Garden director and shall remain
available for the use of BRIT personnel and visitors.
b. For 2019, FWSOA has reserved and shall pay for use of the entire BGC and
associated parking on the following dates: June 8, 28, and 29, and July 5 and 6. For
all subsequent years,the FWSOA shall contact Garden staff at least six months prior
to the date of the first concert to coordinate and schedule the dates for which FWSOA
wishes to reserve the BGC and associated parking during the upcoming CITG season.
On dates for which FWSOA makes a reservation for the entire BGC and associated
parking, the FWSOA, at its sole option, may offer sales of parking passes for spaces
in Tract Three in advance of the concert date.
C. For dates on which FWSOA does not reserve the entire BGC, FWSOA staff may
contact Garden staff no earlier than April 15th to establish an estimated number of
salable parking spaces for each CITG concert date. Passes for the estimated number of
parking spaces within Tract Three may be sold in advance by FWSOA.
3.04 Office Space.
a. The office space identified above shall be available on the evening of each
concert for the purpose of counting and auditing ticket and parking sales.
4.
Consideration
4.01 License Fee. For purposes of this Agreement, the fee due under this Subsection 4.01 (for
any given CITG year) shall be referred to as the "License Fee."
a. In addition to any other consideration due hereunder, the FWSOA will pay to
the City a fee of$1,500.00 per concert date for the use of Tract One and Tract Two.
4.02 Reservation Fee. For purposes of this Agreement, the fee due under this Subsection
4.02 (for any given CITG year) shall be referred to as the "BGC Fee."
a. In addition to any other consideration due hereunder, for the 2019, 2020, and
2021 CITG years, the FWSOA shall pay the City a reservation fee of$1,500.00 for
each date for which FWSOA reserves the entire BGC and associated parking spaces in
Tract Three.
4.03 Revenue Shares.
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THE FORT WORTH SYMPHONY ORCHESTRA ASSOCIATION
FOR CONCERTS IN THE GARDEN
a. In addition to any other consideration due hereunder, for the 2019 CITG
concerts, the FWSOA will pay the City four and one-half percent (4.5%) of the gross
value of all revenue generated from sales of concert tickets and parking spaces on City
owned property.
b. In addition to any other consideration due hereunder, for the 2020 CITG
concerts the FWSOA will pay the City five and one-quarter percent (5.25%) of the
gross value of all revenue generated from sales of concert tickets and parking spaces
on City-owned property.
C. In addition to any other consideration due hereunder, for the 2021 CITG
concerts, the FWSOA will pay the City six percent (6%) of the gross value of all
revenue generated from sales of concert tickets and parking spaces on City-owned
property.
4.04 FWSOA shall deliver one-half of the License Fee and BGC Fee for the entire CITG
season to the City on or before the date of the first concert. No later than the thirtieth (30cn)
day after the date of the last CITG concert for the CITG concert year, FWSOA shall pay to
the City the balance of the License Fee and BGC Fee as well as all other consideration due
under this Agreement.
4.05 Reimbursement of City's Costs. FWSOA shall reimburse City for City's direct cost
in assisting with the CITG such as litter collection, trash disposal, monitor structures and
grounds during fireworks. Payment shall be made 30 days after the conclusion of the last
concert date for a CITG concert year.
5.
Term and Termination
5.01 The primary term of this Agreement shall be for a period of two calendar years,
commencing on the 1" day of January 2019, and ending on the 31 st day of December 2021
("Term"), with two 2-year renewal options (each a "Renewal Term").
5.02 It is expressly provided that the City shall have the right to terminate this Agreement
with or without cause upon 270 days' written notice to FWSOA. It is also expressly provided
that FWSOA shall have the right to terminate this Agreement with or without cause upon
thirty 30 days' written notice to the City. 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.
6.
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THE FORT WORTH SYMPHONY ORCHESTRA ASSOCIATION
FOR CONCERTS IN THE GARDEN
Acceptance and Protection of Premises
6.01 FWSOA covenants and agrees that it shall take the Premises as it finds them and that
it will leave the Premises in as good or better condition than that which exists prior to
FWSOA's use of the Premises. FWSOA further covenants and agrees that it 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, FWSOA hereby covenants and agrees to
reimburse the City therefore promptly. FWSOA shall keep and maintain the Premises in a
good, clean, and sanitary condition at all times. FWSOA shall be responsible for all damages
caused by FWSOA, its agents, servants, employees, contractors, subcontractors, licensees, or
invitees. FWSOA agrees to repair fully or otherwise cure all such damages at FWSOA'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 for which
FWSOA is responsible hereunder shall be repaired or replaced by the FWSOA within 30 days
of receipt of written notification from the City; all such repairs or replacements must be made
to the reasonable satisfaction of the City.
7.
Site Preparations
7.01 City's Duties.
a. City staff will:
i. Install fencing to surround the north vista of Tract One on or before the
date of the first concert. Fencing to remain installed until the conclusion of the
last concert date of the CITG year.
ii. Prior to the date of the first concert, prepare CITG grounds in
accordance with established criteria.
iii. To the extent available, provide trailers (festival equipment) requested
by FWSOA and place such equipment in mutually agreed locations.
iv. Provide, at no cost to FWSOA, City staff during staffs regularly
established work hours to assist in planning and set-up as it relates to site
preparation for CITG.
V. On nights when fireworks are scheduled to be displayed, provide staff
to wet down structures to reduce fire risks, with (i) the costs of staff time of
exempt employees being reimbursed by the FWSOA at an hourly rate agreed
to by the Director of the Park & Recreation Department and FWSOA's CITG
manager; and (ii) the City being paid the cost of a minimum of three hours of
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THE FORT WORTH SYMPHONY ORCHESTRA ASSOCIATION
FOR CONCERTS IN THE GARDEN
overtime for each non-exempt employee,based on the employee's hourly wage.
7.02 FWSOA's Duties.
a. FWSOA staff will, at its sole cost and expense:
i. Reserve all required trailers through Garden staff at least six(6) months
in advance of the first performance date.
ii. Pay the set-up fee for all festival equipment provided by the City.
iii. Comply with and cause the Premises to comply with: (i) all valid
federal, state, local and other governmental laws, ordinances, rules, orders and
regulations generally affecting the Premises including all rules, regulations, and
requirements of the City of Fort Worth and its Police, Fire, Code Compliance and
Park&Recreation Departments, (ii) any and all requirements specifically made
by the City Fire Marshal in connection with this Agreement, or a part thereof
or the use thereof, and (iii) all rules, orders, and regulations of the National Board
of Underwriters or other body exercising similar functions in connection with the
prevention of fire or the correction of hazardous conditions that apply to the
Premises. If applicable, FWSOA shall comply with the requirements of all
policies of insurance which, at any time, may be in force with respect to the
Premises(other than any policies obtained by City and not approved in writing
by FWSOA)and, to the extent that FWSOA has written notice thereof, with the
provisions of any contracts, agreements, and restrictions affecting the Premises
or a part thereof or the ownership, occupancy, or use thereof that exist as of
the date this Agreement is executed.
iv. Provide an appropriate number of portable restrooms for the maximum
crowd expected, including handicap restrooms in compliance with the
American's with Disabilities Act and the Texas Accessibility Standards.
V. Provide and install the band shell on the south vista of Tract One.
vi. Provide and install other buildings and equipment as approved in writing
in advance by the Park & Recreation Department Director or that individual's
designee ("Director").
vii. Provide for the delivery, set-up, and removal of rental tables and chairs,
with the times for set-up and removal being approved in advance by the Garden
director.
viii. Supply and distribute either chipped wood or sand to minimize muddy
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THE FORT WORTH SYMPHONY ORCHESTRA ASSOCIATION
FOR CONCERTS IN THE GARDEN
ground or standing water conditions in and around the restroom areas,
backstage, orchestra break tent, pedestrian traffic areas, and elsewhere as
required. FWSOA will pay for or reimburse the Garden for any material or
supplies used in conjunction with CITG.
ix. Provide for the removal of all structures, buildings, and appurtenances
of any kind placed on the Premises in connection with the CITG as soon as
possible, but not later than 14 calendar days after the date of the final
performance of the CITG season.
X. Provide for clearing of the ground area of the Premises as soon as
possible, but not later than 14 calendar days after the date of the final
performance of the CITG season.
8.
Ticket and Parking Prices
8.01 FWSOA will set admission and parking pricing and submit the pricing to the Director
for approval. Pricing information may not be advertised or distributed prior to receipt of the
City approval. FWSOA shall ensure that tickets are offered for sale at all customary ticket
outlets and at the performance site on concert evenings.
9.
Concert Day Operations
9.01 On each CITG concert date, FWSOA shall, at its sole cost and expense:
a. Manage all traffic entering the Garden beginning at 5:00 p.m. or at an earlier
time with the advance written approval of the Garden director.
b. Provide, place, and remove barricades and traffic cones as needed for interior
Garden traffic control.
C. Provide, place, and remove traffic control signage as needed outside of the
Garden in accordance with City traffic codes.
d. Provide, place, and remove all interior Garden temporary pedestrian and lawn
signage associated with the CITG. Unless otherwise approved by the Garden
director, interior Garden signs may not be placed before Thursday of each
concert weekend.
e. Supply duly qualified traffic control personnel as needed in and around the
Garden to address traffic issues associated with the CITG.
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THE FORT WORTH SYMPHONY ORCHESTRA ASSOCIATION
FOR CONCERTS IN THE GARDEN
f Manage parking located in Tract Two after 5:00 p.m. each performance day.
g. Provide sufficient handicap parking spaces in an appropriate area of the Garden
and monitor such spaces to ensure they are not used by unauthorized vehicles.
h. Provide and manage shuttle services from the Weekend Parking Lot and other
remote parking areas.
i. Ensure that no FWSOA-associated vehicles (including, but not limited to,
vehicles being used by vendors, sponsors, stagehands, crewmembers, or
patrons) drive or park off designated roadways and on to turf areas unless
expressly approved in advance by the Garden director.
j. Ensure that buses do not park near curbs in a manner or location that causes or
allows exhaust to blow on adjacent turf or beds.
k. Ensure that the parking lots behind the BGC and the Rock Springs Building are
not used for patron parking and remain available for GROW volunteers, City
staff,and food service personnel only.
1. Open the audience area in Tract One to the public at 6:30 p.m.
in. Begin the performance at 8:15 p.m. unless there is a weather delay, a
cancellation, or a different time is approved in advance, in writing, by the
Director.
n. Ensure that adequate certified Emergency Medical Services personnel are
present at the Garden beginning at 6:30 p.m. and continuing through one-half
hour past the end of the concert.
o. Ensure that an adequate number of trained, courteous security personnel are
present to (i) control access through the Garden entrance at University Drive and
RockSprings Drive, beginning at 3:30 p.m. and (ii) monitor and manage crowd-
control issues,beginning at 5:00 p.m. and continuing through one-half hour past the
end of the concert.
P. Provide for the removal of litter and other trash associated with the CITG both
during and after the concert. If litter and trash remain the following morning
and the Premises do not, in the sole discretion of the Garden director, meet
Garden standards, Garden staff shall immediately notify FWSOA, and
FWSOA shall provide a "morning after" trash crew by 9:00 a.m. to complete
the removal. If the FWSOA fails to perform the "morning after" trash removal
after receiving notice from the City, Garden staff will complete the trash
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THE FORT WORTH SYMPHONY ORCHESTRA ASSOCIATION
FOR CONCERTS IN THE GARDEN
removal, and FWSOA agrees to reimburse the City for the cost of such
removal.
q. Provide all necessary cleaning and maintenance of temporary restroom units
used in connection with the CITG.
r. Ensure that the CITG remain a smoke-free environment.
S. All signs, valet equipment, and other items authorized by the City that are placed
in the Garden must be removed and properly stored in approved locations by 10:00
a.m. on the morning following each CITG concert weekend, or the end of the
Patriotic Series if scheduled on weekdays.
t. All trash must be placed in containers approved by the City by FWSOA throughout
the period that FWSOA staff are at the Garden. All trash, including trash resulting
from food service and other vendors, must be picked up and placed in specified
storage areas by the FWSOA each evening of a CITG concert before FWSOA
leaves the Garden. FWSOA shall provide enough dumpsters to fully accommodate
trash generated from the setup, holding, and breakdown of each CITG concert.
10.
Rescheduling/ Canceling Performance
10.1 FWSOA shall make every effort to avoid canceling a performance. If rain occurs on a
CITG concert day, the FWSOA may attempt to hold the concert although the starting time
may be delayed.
10.2 In the event a concert is canceled:
a. FWSOA shall initiate weather-cancellation communication with the Park &
Recreation Department, the media, and CITG vendors.
b. FWSOA shall honor canceled tickets at a subsequent performance.
C. If the final performance of the season is cancelled, FWSOA shall provide patrons
with option of: (i) declining to request a refund and instead donating the amount of
theticket price to FWSOA; (ii) receiving a credit in the amount of the ticket price toward
another FWSOA performance; or(iii) receiving a refund of the full ticket price.
11.
Promotions, Merchandise, and Signage
11.01 Unless otherwise agreed to hereunder or in subsequent written documentation between
the parties, the vendor under contract with the city for operation of the restaurant and catering
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THE FORT WORTH SYMPHONY ORCHESTRA ASSOCIATION
FOR CONCERTS IN THE GARDEN
services for the Botanic Garden ("Restaurant Vendor") shall have non-exclusive
concessionaire rights for CITG, which shall include, but not be limited to, the right to sell
food, non-alcoholic beverages, merchandise, and other items approved by the Director. The
Restaurant Vendor shall have exclusive right for the sale or distribution of alcoholic beverages
at the CITG. Patrons of the CITG may bring alcoholic beverages purchased outside of the
Botanic Garden to the CITG for consumption.
11.02 FWSOA shall maintain responsibility for, and control of,the creation and design of all
graphic artwork, advertising, printed materials, signs, and imprinted souvenir merchandise
associated with the CITG. Except as set forth in Section 11.03 of this Agreement, FWSOA
shall provide the City with all merchandise to be sold at the CITG concerts. Specifically, and
without limitation, the FWSOA, at its sole cost and expense, shall design an official CITG T-
shirt and provide such T-shirts to the City to be offered for sale by the City. FWSOA shall
provide the City with enough such T-shirts to last for the entirety of each yearly CITG.
FWSOA shall, with the City, conduct an initial and final inventory of all merchandise
provided to the City.At the conclusion of each yearly CITG,the FWSOA shall work with the
City to provide a full accounting of such merchandise, including, but not limited to, net
revenue generated from the sale of the merchandise. The FWSOA shall retain ownership of
any unsold merchandise and work with the City on the return of any such merchandise. After
conducting a full accounting of the merchandise, the FWSOA shall pay to the City 20% of
the net revenue from all merchandise sales. FWSOA retains the right to sell CITG branded
merchandise at any time except during the annually scheduled dates for the CITG. Net
revenue shall mean and include the total amount of money received or to be received from all
sales, whether for cash or credit, whether collected or uncollected, made as a result of the
rights granted herein less expenses and any sales or other taxes imposed by local, state or
federal law that are separately stated to and paid by a purchaser of any item.
11.03 The performers at the CITG may sell promotional items. The FWSOA shall manage
all aspects of promotional items sold by performers at the CITG. No fee shall be paid to the
City by the performer or FWSOA relating to the sale of promotional items by the CITG
performers.
11.04 In the event that the FWSOA becomes aware of a sponsoring person or entity that
wishes to sell or otherwise give merchandise to patrons of the CITG, the FWSOA will
immediately make the Director aware of such sponsor and the merchandise that the sponsor
wishes to make available. The FWSOA will work with the CITG sponsor to ensure that there
are no duplicate or conflicting items offered for the CITG. If any of the items duplicate or
conflict with the City's items, the FWSOA must compensate the City for any lost revenue.
11.05 The FWSOA shall mention, list, and refer to the City in all its written publications and
brochures. The FWSOA shall also mention in its publications that chair rental is available at
the concert site.
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THE FORT WORTH SYMPHONY ORCHESTRA ASSOCIATION
FOR CONCERTS IN THE GARDEN
11.06 The FWSOA shall notify the City and the City when no intermission is planned during
a given concert.
11.07 FWSOA may, at its discretion and expense,provide CITG banners to City staff so that
City staff, in turn, can hang these banners on the two sets of banner poles in Trinity Park,
if those poles are available, and to be hung on the poles at the Botanic Garden Boulevard
entrance. It is the responsibility of FWSOA to reserve the banner poles in Trinity Park by
contacting the Park & Recreation Department reservationist. All banners must be approved
by the Park & Recreation Department prior to being hung. Banners will be hung following
City approval, with a goal of having them in place two weeks prior to the first concert.
Banners will remain in place until the day after the last scheduled concert of the CITG
season.
11.08 Except as provided above, no banners, advertisements, or signs may be hung from
trees, fences, or buildings or be displayed on park property without the express permission
of the Garden director. In addition, FWSOA covenants and agrees that no decorative or
other material shall be nailed, tacked, screwed, or otherwise physically attached to
any part of the City's property without the consent of the Garden director. FWSOA
may, at its sole discretion and expense, hang advertisements, banners, and
announcements on the stage or on props owned or leased by FWSOA, which shall
include, but not be limited to, booths and trailers rented from the City, the speaker
platforms, and tents used in connection with the CITG.
11.09 If outside food and beverage vendors are used, FWSOA and the City will jointly
review proposals from potential food and beverage vendors, but City shall retain the ultimate
right to select the vendor and to collect any payment that may be required from such a vendor.
The FWSOA will manage any outside vendors that deliver pre-ordered food to the concert
site and must pay $1,000.00 to the City for that right.
12.
Utilities
12.01 Unless otherwise specifically provided in this Agreement, the City shall not provide
or pay for any utility connections or usage for the FWSOA associated with this Agreement.
12.02 FWSOA shall be required to provide a 3-phase electric generator for use in erecting
the stage. FWSOA shall hire a licensed electrician to install electrical supply for the CITG,
including but not limited to the stage, sound system, all booths, restrooms, operations trailer,
artists' trailer, orchestra break tent, and course lamp at entrances. FWSOA shall ensure that a
licensed electrician is present on the Premises during each performance. FWSOA shall be
responsible for all arrangements and costs associated with installation and removal of any
telephone or network equipment required.
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THE FORT WORTH SYMPHONY ORCHESTRA ASSOCIATION
FOR CONCERTS IN THE GARDEN
12.03 FWSOA shall be responsible for any and all costs associated with its usage of utilities
(e.g., electric, water, telephone, gas).
13.
Fireworks
13.01 No fireworks or other pyrotechnics display may occur in connection with this
Agreement unless necessary and reasonable safety precautions have been provided to and
approved by the Fort Worth Fire Department.
14.
Copyright Compliance
14.01 FWSOA 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 hereunder including,
but notlimited to, the assumption of any and all responsibilities for paying royalties which are
due for theuse of copyrighted works in FWSOA's performances or exhibitions to the copyright
owner, orrepresentative or said copyright owner. The City expressly assumes no obligations,
implied orotherwise, regarding payment or collection of any such fees or financial obligations.
The City specifically does not authorize, permit, or condone the performance, reproduction, or
other use ofcopyrighted materials by FWSOA or its agents or licensees without the appropriate
licenses orpermission being secured by FWSOA in advance. It is further agreed that FWSOA
shall defend,indemnify and hold the City harmless for any claims arising from nonpayment to
licensingagencies, including, but not limited to, ASCAP, BMI, and SESAC or damages arising
out ofLicensee's infringement or violation of the Copyright Law and/or Regulations. The City
expressly assumes no obligation to review or obtain appropriate licensing and all such licensing
shall be theexclusive obligation of the FWSOA. FWSOA understands that it is responsible for
securing any and all licenses by artists/performers giving permission for the recordings.
FWSOA is responsible for both reporting and payment of any music licensing fees that may be
required by law.
14.02 FWSOA understands and agrees that without the proper license obtained by FWSOA,
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.
15.
Liability and Indemnification
15.01 The City and FWSOA mutually covenant and agree that the City assumes no responsibility
for any property placed on said Premises, and the City is hereby expressly released and
dischargedfrom any and all liability for any loss, injury or damage to persons or property that
may be sustained by use or occupancy of said Premises under this Agreement.
LICENSE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND Page 13 of 23
THE FORT WORTH SYMPHONY ORCHESTRA ASSOCIATION
FOR CONCERTS IN THE GARDEN
15.02 FWSOA AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE
CITY, ITS OFFICERS, AGENTS SERVANTS, AND EMPLOYEES, FROM AND
AGAINSTANYAND 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 BUSINESS
AND ANYRES UL TING L OST PR OFITS)AND/OR PERSONAL INJURY(INCLUDING
DEATH) THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY (i)
FWSOA'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS
AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL
MISCONDUCT OF FWSOA, ITS OFFICERS, AGENTS, ASSOCIATES,
EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY),
SUBCONTRACTORS, LICENSEES, OR INVITEES RELATED TO USE OF
THE PREMISES OR THE PERFORMANCE OF THIS AGREEMENT. THE
INDEMNITY PROVIDED FOR IN THIS PARA GRAPH SHALL NOT APPL Y
TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF
THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE
CONTRACTORS. IN THE EVENT OF JOINT AND CONCURRENT
NEGLIGENCE OF BOTH FWSOA AND THE CITY, RESPONSIBILITY, IF
ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE
WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN
SHALL BE CONSTRUED AS A WAIVER OF ANY IMMUNITY TO WHICH
THE CITY IS ENTITLED UNDER TEXAS LA W.
15.03 FWSOA FURTHER AGREES TO DEFEND, INDEMNIFY, AND HOLD
HARMLESS THE TEXAS GARDEN CLUBS, INC., ITS OFFICERS, AGENTS
SERVANTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS,
LA WSUITS, ACTIONS, COSTS, AND EXPENSES OF ANY KIND, INCL UDING, B UT
NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING
ALLEGED DAMAGE OR LOSS TO BUSINESS AND ANY RESULTING LOST
PROFITS) AND/ OR PERSONAL INJURY (INCLUDING DEATH) THAT MAY
RELATE TO, ARISE OUT OF OR BE OCCASIONED BY(i) FWSOA'S BREACH OF
ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY
NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF FWSOA,
ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, OR INVITEES RELATED TO USE OF
THE PREMISES OR THE PERFORMANCE OF THIS AGREEMENT.
16.
Insurance
16.01 FWSOA covenants and agrees to obtain and keep in force and to ensure its contractors,
as applicable, keep in force during the term of this Agreement one or more policies of insurance
as follows:
a. Commercial General Liability.
LICENSE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND Page 14 of 23
THE FORT WORTH SYMPHONY ORCHESTRA ASSOCIATION
FOR CONCERTS IN THE GARDEN
i. $1,000,000 each occurrence
ii. $2,000,000 aggregate
b. Automobile Liability.
i. $1,000,000.00 each accident on a combined single limit or
ii. $250,000.00 Property Damage
iii. $500,000.00 Bodily Injury per person per occurrence
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
CITG licensed herein.
C. Worker's Compensation.
i. Coverage A: Statutory limits Employer's liability
ii. Coverage B: $100,000.00 each accident
$500,000.00 disease —policy limit
$100,000.00 disease — each employee
d. Liquor Liability. (required only if any alcoholic beverage is vended)
i. $1,000,000.00 each occurrence
e. General Liability for Fireworks Display. (required of pyrotechnics/
fireworks contractor)
i. $1,000,000.00 each occurrence
16.02 Terms and Conditions Applicable to All Insurance.
a. Certificates of insurance evidencing all required insurance shall be delivered
to the City at least two weeks prior to the first concert of each CITG season.
b. Applicable policies shall be endorsed to name the City and the Texas Garden Clubs,
Inc. as Additional Insureds thereon,as its interests may appear. The term City shall include
its employees,officers,officials,agents,and volunteers as respects the contracted services.
C. Certificate(s) of insurance shall document that insurance coverage specified in this
Agreement are provided under applicable policies documented thereon.
d. Any failure on the part of the City to request required insurance documentation
shall not constitute a waiver of the insurance requirements.
LICENSE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND Page 15 of 23
THE FORT WORTH SYMPHONY ORCHESTRA ASSOCIATION
FOR CONCERTS IN THE GARDEN
e. A minimum of 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 days'
notice shall be acceptable in the event of non-payment of premium.Notice shall be sent to
the Risk Management Division,200 Texas Street,Fort Worth,Texas 76102 with a copy to
Director, Park & Recreation Department, 4200 South Freeway, Suite 2200, Fort Worth,
Texas 76115-1499.
f. 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 the City's Risk
Management Division.
g. Deductible limits, or self-insured retentions, affecting insurance required herein
shall be acceptable to the 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 the City.
h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of
the City.
i. The City shall be entitled,upon its request and without incurring expense,to review
the FWSOA's insurance policies including endorsements thereto and, at the City's
discretion;the FWSOA may be required to provide proof of insurance premium payments.
j. 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.
17.
Notices
17.01 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:
CITY: FWSOA:
Park& Recreation Department Fort Worth Symphony Orchestra Association
4200 South Freeway, Suite 2200 330 East Fourth Street, Suite 200
Fort Worth, Texas 76115-1499 Fort Worth, TX 76102
LICENSE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND Page 16 of 23
THE FORT WORTH SYMPHONY ORCHESTRA ASSOCIATION
FOR CONCERTS IN THE GARDEN
With copies to:
City Attorney's Office
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
and
City Manager's Office
City of Fort Worth
200 Texas Street
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.
18.
Compliance with Law and Policies
18.01 FWSOA covenants and agrees that it shall not engage in any unlawful use of the
Premises. FWSOA 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 FWSOA shall immediately remove from the Premises any
person engaging in such unlawful activities. Unlawful use of the Premises by FWSOA itself
shall constitute and immediate breach of the Agreement.
18.02 FWSOA shall comply with all Park & Recreation Department regulations, policies,
and specific requirements for the CITG and shall coordinate with City staff with regard to
arrangements for site use. FWSOA covenants and agrees that during the term of this
Agreement that if the City calls to the attention of FWSOA any such violation on the part
of FWSOA or any person employed by or admitted to said Premises by said FWSOA, then
FWSOA shall immediately desist from and correct such violation or vacate the Premises.
19.
Right of Entry
19.01 At all times during the term of this Agreement, the 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 FWSOA shall have complied with all of its obligations hereunder in respect to the
use of the Premises.
LICENSE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND Page 17 of 23
THE FORT WORTH SYMPHONY ORCHESTRA ASSOCIATION
FOR CONCERTS IN THE GARDEN
19.02 During any inspection,the City may perform any obligations that the City is authorized
or required to perform under the terms of this Agreement or pursuant to its governmental
duties under federal state or local laws, rules, or regulations.
20.
Right to Audit
20.01 The FWSOA shall keep full, complete, and proper books, records, and accounts of the
gross receipts, both cash and/or credit,related to the CITG. Said books,records, and accounts
shall at all reasonable times be open to the inspection of the Park & Recreation Department,
City auditor, or other authorized representatives. FWSOA shall provide the Park &
Recreation Department Director with a detailed income and expense accounting on or before
October 1" of each year, related to the CITG.
21.
Independent Contractor
21.01 It is expressly understood and agreed that FWSOA and its employees, representative,
agents, servants, officers, contractors, subcontractors, and volunteers shall operate as independent
contractors as to all rights and privileges and work performed under this Agreement, and not as
agents,representatives or employees of the City. Subject to and in accordance with the conditions
and provisions of this Agreement, FWSOA shall have the exclusive right to control the details of
its operations and activities and be solely responsible for the acts and omissions of its employees,
representative, agents, servants, officers, contractors, subcontractors, and volunteers. FWSOA
acknowledges that the doctrine of respondeat superior shall not apply as between the City and its
officers, representatives, agents, servants and employees, and FWSOA and its employees,
representative, agents, servants, officers, contractors, subcontractors, and volunteers. FWSOA
further agrees that nothing herein shall be construed as the creation of a partnership or joint
enterprise between City and FWSOA. It is further understood that the City shall in no way be
considered a Co-employer or a Joint employer of FWSOA or any employees, representative,
agents, servants, officers, contractors, subcontractors, and volunteers of FWSOA. Neither
FWSOA, nor any officers, agents, servants, employees or subcontractors of FWSOA shall be
entitled to any employment benefits from the City. FWSOA shall be responsible and liable for
any and all payment and reporting of taxes on behalf of itself, and any of employees,
representative, agents, servants, officers, contractors, subcontractors, and volunteers.
21.02 The City, through its authorized representatives and employees, shall have the sole and
exclusive right to exercise jurisdiction and control over City employees.
22.
Charitable Immunity
22.01 FWSOA 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
LICENSE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND Page 18 of 23
THE FORT WORTH SYMPHONY ORCHESTRA ASSOCIATION
FOR CONCERTS IN THE GARDEN
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 FWSOA hereby expressly waives its right to assert or plead
defensively any such immunity or limitation of liability as against City. A copy of the
documentation stating FWSOA's status as a 501(3)(c) entity is due annually, by May 1st of
each year, to the address specified for the Park & Recreation Department in Paragraph 17 of
this Agreement.
23.
Non-Discrimination
23.01 FWSOA shall not engage in any unlawful discrimination based on race, creed, color,
national origin, sex, age, religion, disability,marital status,citizenship status, sexual orientation or
any other prohibited criteria in any employment decisions relating to this Agreement, and Provider
represents and warrants that to the extent required by applicable laws, it is an equal opportunity
employer and shall comply with all applicable laws and regulations in any employment decisions.
No person shall be excluded from the CITG or denied the benefits of the CITG because of
race, color or national origin, age, handicap or sexual orientation.
24.
Governing Law; Venue
24.01 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.
25.
No Waiver
25.01 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 FWSOA with all covenants and conditions.
26.
Governmental Powers and Immunities.
26.01 It is understood that by execution of this Agreement, the City does not waive or
surrender any of its governmental powers or immunities.
27.
Force Majeure Event
27.01 If either Party is unable, either in whole or part, to fulfill its obligations under this
Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public
LICENSE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND Page 19 of 23
THE FORT WORTH SYMPHONY ORCHESTRA ASSOCIATION
FOR CONCERTS IN THE GARDEN
enemies; wars; blockades; insurrections; riots; epidemics; public health crises; earthquakes;
fires; floods; restraints or prohibitions by any court, board, department, commission, or
agency of the United States or of any state; declaration of a state of disaster or of emergency
by the federal, state, county, or City government in accordance with applicable law; issuance
of an Imminent Threat Alert or Elevated Threat Alert by the United States Department of
Homeland Security or any equivalent alert system that may be instituted by any agency of
the United States; any arrests and restraints; civil disturbances; or explosions; or some other
reason beyond the Party's reasonable control (collectively, "Force Majeure Event"), the
obligations so affected by such Force Majeure Event will be suspended only during the
continuance of such event. If a Force Majeure Event occurs, the City may, in its sole
discretion, close or postpone the opening of its community centers, parks, or other City-
owned and operated properties and facilities in the interest of public safety and operate them
as the City sees fit. If the City cancels the CITG, FWSOA will be entitled to a refund of any
prior fees paid.
28.
Headings
28.01 The headings in this Agreement are inserted for reference only, and shall not
define or limit the provisions hereof.
29.
Severability
29.01 In the event that any clause or provision of this Agreement shall be held to be invalid
by any court of competent jurisdiction, the invalidity of such clause or provision shall not
affect any of the remaining provisions hereof.
30.
Review of Counsel
30.01 Each party, and if it so chooses, its attorney has had the opportunity to review and
comment on this document;therefore any rule of contract construction or interpretation that
would normally call for the document to be interpreted as against the drafting party shall not
apply in interpretation of this contract, and each section, portion, and provision of this
Agreement shall be construed solely on the basis of the language contained therein,
regardless of who authored such language.
31.
Entire Agreement
31.01 This instrument (including all attachments, schedules, and exhibits attached hereto)
constitutes the entire understanding and agreement of the City and FWSOA as to use of the
LICENSE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND Page 20 of 23
THE FORT WORTH SYMPHONY ORCHESTRA ASSOCIATION
FOR CONCERTS IN THE GARDEN
Premises and the Garden. Any prior or contemporaneous oral or written agreement is hereby
declared null and void to the extent in conflict with the terms and conditions of this
Agreement.
32.
No Amendment
32.01 This Agreement cannot be modified or amended without the written consent of all the
parties hereto and attached and made a part of this Agreement.
33.
Multiple Counterparts
33.01 This Agreement may be executed in multiple counterparts, each of which will be
deemed an original, but which together will constitute one instrument.
34.
Immigration Nationality Act
34.01 FWSOA shall verify the identity and employment eligibility of its employees who perform
work under this Agreement, including completing the Employment Eligibility Verification Form
(I-9). Upon request by City, FWSOA shall provide City with copies of all I-9 forms and
supporting eligibility documentation for each employee who performs work under this Agreement.
FWSOA shall adhere to all Federal and State laws as well as establish appropriate procedures and
controls so that no services will be performed by any FWSOA employee who is not legally eligible
to perform such services. FWSOA SHALL INDEMNIFY CITY AND HOLD CITY
HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO
VIOLATIONS OF THIS PARAGRAPH BY FWSOA, FWSOA'S EMPLOYEES,
SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to FWSOA,
shall have the right to immediately terminate this Agreement for violations of this provision by
FWSOA.
35.
Contracting Authority
35.01 By executing this Agreement, FWSOA's agent affirms that he or she is authorized by
FWSOA to execute this Agreement and that all representations made herein with regard to
FWSOA's identity, address, and legal status (corporation, partnership, individual, etc.) are
true and correct.
[SIGNATURES ON FOLLOWING PAGE]
LICENSE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND Page 21 of 23
THE FORT WORTH SYMPHONY ORCHESTRA ASSOCIATION
FOR CONCERTS IN THE GARDEN
IN WITNESS WHEREOF,the parties have executed this Agreement to be effective on
the date specified in Section 5 above.
CITY OF FORT WORTH FORT WORTH SYMPHONY
ORCHESTRA ASSOCIATION
B :. l B ttv y. � ' y.
Susanj}Alanis Name: � � C�•
�A infant City Manager Title: n w''1"�
Date: (1l i IS' t ') Date: CCU
Recommended B .
//.
D id Cre ,Acting Director
Park&Recreation Department
APPROVED AS TO FORM AND LEGALITY:
Richard A.McCracken
Assistant City Attorney
ATTEST: FORT
Ma&Kayser
City Secretary
M&C:C-29132(5/21/19) 0
Form 1295:2019-485357
Contract Compliance Manager
By signing, I acknowledge that I am the person responsible
for the monitoring and administration of this contract including
ensuring all performance and reporting requirements.
Name: Bob Byers
Title: Garden Director
OFFICIAL RECORD
CITY SECRETARY
LICENSE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND FT.
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THE FORT WORTH SYMPHONY ORCHESTRA ASSOCIATION WUti�t! e^
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LICENSE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND Page 23 of 23
THE FORT WORTH SYMPHONY ORCHESTRA ASSOCIATION
FOR CONCERTS IN THE GARDEN
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FOR ]
COUNCIL ACTION: Approved on 5/21/2019
DATE: 5/21/2019 REFERENCE NO.: **C-29132 LOG NAME: 80FWSOA2019
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a License Agreement with Fort Worth Symphony Orchestra
Association for Use of the Fort Worth Botanic Garden for the Concerts in the Garden
Series (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a license Agreement with the Fort
Worth Symphony Orchestra Association for the annual Concerts in the Garden Series held at the Fort
Worth Botanic Garden.
DISCUSSION:
The purpose of this M&C is to execute a new license Agreement with Fort Worth Symphony
Orchestra Association for Concerts in the Garden.
Over the past 29 years, the City and the Fort Worth Symphony Orchestra Association (FWSOA) have
brought to the citizens of Fort Worth the Concerts in the Garden (CITG) series.
On May 14, 2013, the City Council approved M&C C-26256 that authorized the execution of a
contract with the FWSOA for the use of certain portions of the Fort Worth Botanic Garden for the
purpose of conducting the CITG series of performances by the FWSOA and other artists (City
Secretary Contract No. 44552). The initial term was for two years with an effective date beginning on
January 1, 2013 and ending on December 31, 2014, with two 2-year renewal options.
The City and the FWSOA wish to continue in their relationship and enter into a new Agreement for an
initial term of two years with an effective date beginning on January 1, 2019 and ending on December
31, 2020, with two 2-year renewal options. For the 2019 season, the FWSOA will pay the City a rental
fee of$1,500.00 for each concert date, 4.5 percent of the gross value of all revenue from sales
revenue, $1,500.00 for dates on which the Symphony wishes to reserve the bulk of the Botanic
Garden Center parking lots, $1,000.00 for outside food sales, and 20 percent of merchandise
sales. The City will not receive any compensation for sales by FWSOA performers. For future
seasons, the percent of the gross value of all revenue from sales revenue will increase .75 annually.
The proposed terms of the new Agreement are consistent with City contracts in general.
All other major terms and conditions of the prior year's contract remain unchanged.
The Botanic Garden is located in COUNCIL DISTRICT 7 and serves the entire City of Fort Worth.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation, the Park &
Recreation Department is responsible for the collection and deposit of funds due to the City.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID I Year Chartfield 2
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=27032&councildate=5/21/2019 6/17/2019
M&C Review Page 2 of 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID I I ID I I Year (Chartfield 2)
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: David Creek(5704)
Additional Information Contact: Sandra Youngblood (5755)
ATTACHMENTS
FWSOA Form 1295.pdf
FWSOA License Areas.pdf
http://apps.cfwnet.org/council_packet/mc review.asp?ID=27032&councildate=5/21/2019 6/17/2019