HomeMy WebLinkAboutContract 54201-A1 CSC No. 54201-A1
FIRST AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO.
54201,A MANAGEMENT FOR THE FORT WORTH BOTANIC GARDEN
This FIRST AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT
NUMBER 54201 ("First Amendment") 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 BOTANICAL RESEARCH
INSTITUTE OF TEXAS, INC. ("BRIT"), a Texas nonprofit corporation acting by and through
its duly authorized representative, each individually referred to herein as a"Party"and collectively
referred to herein as the"Parties".
WHEREAS,the Parties entered into a Management Agreement for the Fort Worth Botanic
Garden, the same being Fort Worth City Secretary Contract Number 54201 ("Agreement");
WHEREAS, prior to October 1, 2020, which is the date that BRIT assumed management
responsibilities for events at the Botanic Garden,the City received$192,060.00 in revenues for all
bookings and corresponding deposits for events at the Botanic Garden scheduled to occur between
October 1,2020 and December 31, 2024;
WHEREAS,the Agreement does not contemplate the distribution ofthis revenue to BRIT,
but it is necessary to transfer said funds to BRIT so that it can properly manage all associated
events;
WHEREAS, the Parties desire to amend the Agreement so that the City may transfer said
funds to BRIT;
NOW, THEREFORE, for and in consideration of the mutual promises and covenants set
forth herein and other good and valuable consideration, the sufficiency of which is hereby
acknowledged, the Parties agree to amend the Agreement as follows:
I.
Section VIII, "Management Fee", is amended to add Section 8.5 to transfer the above-
stated$192,000.00 to BRIT and reads as follows:
"8.5 Notwithstanding anything to the contrary, the City agrees to pay
BRIT a total of$192,060.00 within thirty(30) calendar days after the City
executes this First Amendment,which payment constitutes all revenues that
the City received prior to October 1, 2020 for all bookings and
corresponding deposits for events at the Botanic Garden scheduled to occur
between October 1,2020 and December 31,2024. This payment is separate
and apart from any other payment under the Agreement and does not count
towards any Management Fee, Additional Management Fee, or
Supplemental Management Fee under the Agreement."
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
First Amendment to
City Secretary Contract Number 54201 Pagel of 3
I
II.
1. All terms in this First Amendment that are capitalized but not defined have the
meanings assigned to them in the Agreement.
2. All terms and conditions of the Agreement that are not expressly amended pursuant
to this First Amendment remain in full force and effect.
IN WITNESS WHEREOF,the parties hereto have executed this First Amendment in Fort
Worth, Tarrant County, Texas.
CITY OF FORT WORTH BOTANICAL RESEARCH INSTITUTE
OF TEXAS,INC.
By:Dana Burghdoff(Aug 11,20 15:03 CDT By:Pat�nc c e vman(Aug4,202116:45 CDT)
Dana Burghdoff .7Patrick Newman
Assistant City Manager Chief Executive Officer
Date:Aug 11, 2021 Date:Aug 4, 2021
Recommended by: By: /1 C -
Greg Bird
Richard Zavala Board President
By:Richard Zavala(Aug 11,202110:44 CDT)
Richard Zavala
Director By: .
Park&Recreation Department Edward Bass
Board Vice President
Approved as to Form and Legality
uJ .E
By:
Tyler F. Wallach
Sr. Assistant City Attorney
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By:Ronald P.Gonzales 11,202116:20 CDT) O Y
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Ronald P. Gonzales d� °°0ppp0°° a
Acting City Secretary �*XASoAp OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
First Amendment to
City Secretary Contract Number 54201 Page 2 of 3
i
Contract Compliance Manager:
By signing, I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
all performance and reporting
requirements.
By:Sandrayoun d(Jul 26,202116:50CDT)
Sandra Youngblood
Assistant Director, Park Operations
Park & Recreation Department
M&C: 21-0368
Form 1295: 2021-741934
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
First Amendment to
City Secretary Contract Number 54201 Page 3 of 3
7/21/2021 M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORT WORT 11
Ir-
DATE: 6/8/2021 REFERENCE **M&C 21- LOG NAME: 80BGBRITMANAGEMENTAMENDMENT
NO.: 0368
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 7) Authorize Execution of a First Amendment to a Management Services Agreement
(City Secretary Contract No. 54201) with the Botanical Research Institute of Texas, Inc. in
the Amount of$192,060.00 for the Payments Received by the City for all Bookings and
Corresponding Deposits for all Events at the Fort Worth Botanic Garden from October 1,
2020 through December 31, 2024
RECOMMENDATION:
It is recommended that the City Council authorize execution of a first amendment to a management
services agreement (City Secretary Contract No. 54201) with the Botanical Research Institute of
Texas, Inc., in the amount of$192,060.00 for the payments received by the City for all bookings and
corresponding deposits for all events at the Fort Worth Botanic Garden from October 1, 2020 through
December 31, 2024.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to request authorization to amend
the management services agreement in the amount of$192,060.00 for the payments received by the
City for all bookings and corresponding deposits for all events at the Fort Worth Botanic Garden
(FWBG)from October 1, 2020 through December 31, 2024.
On May 19, 2020, City Council approved M&C 20-0347 authorizing execution of a management
services agreement with the Botanical Research Institute of Texas, Inc. (BRIT). Effective October 1,
2020, BRIT assumed management of FWBG. Since BRIT took over management, the payments
received by the City for events held effective October 1, 2020 and beyond needs to be paid to BRIT.
The Fort Worth Botanic Garden is located in COUNCIL DISTRICT 7 and is classified as a special-use
facility that serves on a City-wide and regional basis.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget, as
previously appropriated, in the General Fund to support the approval of the above
recommendation and execution of the amendment to the contract. Prior to any expenditure being
incurred, the Park & Recreation Department has the responsibility to validate the availability of funds.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
Submitted for City Manager's Office by. Dana Burghdoff ((8018))
Originating Department Head: Richard Zavala ((5704))
Additional Information Contact: Sandra Youngblood ((5755))
apps.cfwnet.org/councii_packet/mc_review.asp?I D=28918&counci ddate=6/812021 1/2
7/21/2021 M&C Review
ATTACHMENTS
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