HomeMy WebLinkAboutContract 37950-R2A1 i
CSC No. 37950-R2A1
i
SECOND RENEWAL AND FIRST AMENDMENT OF
CITY SECRETARY CONTRACT NUMBER 37950,
A LICENSE AGREEMENT WITH FOREST PARK RIDES,INC.
This SECOND RENEWAL AND FIRST AMENDMENT OF CITY SECRETARY
CONTRACT NUMBER 37950 ("Second Renewal and 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 Forest Park Rides, Inc.
("Licensee"), a Texas Corporation, acting by and through its duly authorized representative. City and
Licensee are herein referred to individually as a("Party")and collectively as the("Parties").
WHEREAS, on November 1, 2006, the City entered into a license agreement with Licensee for
the purpose of providing a miniature train ride and food and beverage concessions for the enjoyment of
the public within Forest Park and Trinity Park, the same being Fort Worth City Secretary Contract
("CSC")Number 37950 ("Agreement");
WHEREAS, the Agreement provides for an initial term of ten (10) years, with two successive
five-year terms (each a"Renewal Term");
WHEREAS, on October 31, 2016, the Parties exercised the first renewal term which expired on
October 31, 2021 (CSC No. 37950-R1);
WHEREAS, it is the collective desire of the Parties to continue in their relationship by exercising
the second, five-year renewal term ("Second Renewal Term");
WHEREAS, the.Parties acknowledge that Exhibit A of the Agreement, Licensed Premises,
referenced under Section 2 needs to be revised to show the specific footprint for the main train station,
concession stand, and train track easement, and once revised and approved by the Parties the Agreement
will be further amended to include the revised Exhibit A; and
WHEREAS, the Parties wish to amend the Agreement to clarify Licensee's hours of operation
and revise the termination language under Section 3; and
NOW, THEREFORE, the City and Licensee agree to extend and renew the Agreement as
follows:
I.
1. Section 5, Subsection 5.02 of the Agreement "Ticket Price/Hours of Operation/Personnel", is
hereby amended to include subsection(a),to be and read as follows:
(a). Licensee must operate the train and concession every Saturday and Sunday,
weather permitting. A log must be maintained indicating when the train and concession is
not operated and the reason. This log will be submitted along with the required fees.
Licensee is strongly encouraged to operate the train and concession, weather permitting,
holidays and other school days off.
OFFICIAL RECORD
Second Renewal and First Amendment of CSC 37950 CITY SECRETARY
FT. WORTH, TX
2. Section 3, Subsection 3.02 of the Agreement "Contract Term/Tennination/Holdover" is hereby
amended to be and read as follows:
3.02 It is expressly provided that either parry may terminate and cancel this
Agreement without cause upon six(6)months written notice to the other during the initial
term or any renewal term, as provided by Section 18.01 of this Agreement.
(a) Upon the occurrence of any Event of Default (as herein after defined) by
one party, the non-defaulting party may terminate this Agreement upon
sixty (60) days' prior written notice, unless the defaulting party cures the
Event of Default(including making the non-defaulting parry whole for any
damage caused by such Event of Default)during such sixty(60)day period.
For purposes of this Agreement, an "Event of Default" will occur in the
event either party is in material breach of any of its duties or obligations
under this Agreement.
3. Section 12, Subsection 12.03 of the Agreement"Maintenance" is hereby amended to be and read
as follows:
12.03 Licensee shall provide, at its own expense, ground maintenance and
janitorial services within and around the Premises and within five feet of the railroad track.
Collection and proper disposal of trash,garbage, litter,and debris will be the responsibility
of Licensee, at its sole cost and expense.
4. Section 22, Subsection 22.01 of the Agreement"Assignment, Successors, and Assigns", is hereby
amended to include subsection(a),to be and read as follows:
(a). Licensee must submit a proposed action plan including timelines and financial
contractual proposals along with request to subcontract or assign all or any part of its rights,
privileges,or duties.Licensee must submit all documents no later than sixty(60)days prior
to the intended date to subcontract or assign.
H.
That City and Licensee hereby agree to renew and extend the Agreement for a second renewal
term of five years, effective beginning on November 1, 2021 and expiring on October 31, 2026.
III.
l. All other terms and conditions of the Agreement will remain in full force and effect except
as specifically set forth in this Second Renewal and First Amendment.
2. All terms of this Second Renewal and First Amendment that are capitalized but not defined
will have the meanings assigned to them in the Agreement.
Second Renewal and First Amendment of CSC 37950 Page 2 of 5
IN WITNESS WHEREOF, the parties hereto have executed this Second Renewal and First
Amendment in multiples in Tarrant County,Fort Worth, Texas.
CONTRACT COMPLIANCE MANAGER:
A By signing I acknowledge that I am the person
By:Valerie Washington(Feb 12,2022 07:58 CST) responsible for the monitoring and administration of
Valerie Washington this contract,including ensuring all performance and
Assistant City Manager reporting requirements.
Date: Feb 12, 2022
APPROVAL RECOMMENDED: Clinton Wyatt
District Superintendent
Rte'I�d zApn& Park&Recreation Department
By:Richard Zavala(Feb 8,202216:33 CST)
Richard Zavala APPROVED AS TO FORM AND LEGALITY:
Director
Park&Recreation Department
By.Nico Arias(Feh 11,2022 14:42 CST)
Qi► .�.�� Nico Arias
By.Sandra Youn d(Jan 28,202210:09 CST) Assistant City Attorney
Sandra Youngblood
Assistant Director
Park&Recreation Department CONTRACT AUTHORIZATION:
M&C: C-21783
ATTEST: Form 1295: N/A
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OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Second Renewal and First Amendment of CSC 37950 Page 3 of 5
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Second Renewal and First Amendment of CSC 37950 Page 6 of 6
1/13/2020 M&C Review
Official
CITY COUNCIL AGENDA FORT '4'ORTII
COUNCIL ACTION: Approved on 10/17/2006
DATE: 10/17/2006 REFERENCE NO.: **C-21783 LOG NAME: 80FPTRAIN
CODE: C TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT: Authorize Execution of a License Agreement with Forest Park Rides, Inc., for Miniature
Train Concession
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a license agreement
with Forest Park Rides, Inc., for the operation of a miniature train ride in Forest and Trinity Parks.
DISCUSSION:
The current license agreement between the City of Fort Worth and Forest Park Rides, Inc., (FPR) to
operate a miniature train ride within Forest and Trinity Parks expired on July 23, 2006. FPR has a
main station located off Colonial Parkway in Forest Park and from there the train goes through Trinity
Park. The current vendor, FPR, has been operating continually for 48 years since 1958.
Due to expressed interest from another vendor, a Request for Proposal (RFP) was issued on June 6,
2006, to operate a miniature train ride as an exclusive concession service for the Parks and
Community Services Department (PACSD). A pre-submittal conference was held June 14, 2006, with
two potential proposers attending. On June 22, 2006, two proposals were received, one from the
current operator, Forest Park Rides, Incorporated and the other from Narrow Gauge Supply,
Incorporated (NGS).
The PACSD convened a panel to review the proposals and judge their merits based on the following
criteria.
1. Knowledge of Amusement Rides and Concessions.
2. Understanding of the Statement of Work.
3. Capability, Responsibility and Past Performance in Similar Projects.
4. Methodology of Approach.
5. Qualifications and Relative Experience of Key Personnel and Other Personnel Resources.
6. Feasibility and Practicality of Proposal.
7. Pricing Structure for Payments to the City.
On June 29, 2006, the Panel met and discussed the two proposals. Total points available for rating
apps.cfwnet.org/council_packet/mc_review.asp?ID=6529&councildate=10/17/2006 1/2
1/13/2020 M&C Review
the seven criteria were 400. FPR received a cumulative score of 336 and NGS received a score of
131 points. The panel noted that overall, the proposal submitted by FPR would result in a better
experience for residents and visitors and would result in a higher fee paid to the City. FPR currently
pays the City approximately $35,000 per year. This amount should increase under the new
agreement when proposed improvements to the station area and concession stands are
completed.
It was also noted during staff review of the two proposals that the NGS proposal, if selected, would
have a negative effect on the operation of the Log Cabin Village by increasing traffic and noise on the
museum grounds and removal of trees from the Bobo Woods area.
The recommended agreement will be based on the proposal submitted by FPR to operate the
miniature railroad in Trinity Park. The contract will be for an initial period of 10 years with the option to
renew for two additional five-year periods. The existing contract with FPR is currently extended on a
month-to-month basis, under the existing terms and conditions, until a new agreement is negotiated
and executed.
At their August 23, 2006, meeting, the Parks and Community Services Advisory Board endorsed
staff's recommendation to the City Council to authorize the City Manager to execute a license
agreement with Forest Park Rides, Inc., for the operation of a miniature train ride in Forest and Trinity
Parks.
This project is located in COUNCIL DISTRICT 9 but serves the entire city.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Parks and Community Services Department will be responsible
for collection and deposit of all fees due the City from this contract.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 467835 0801000 $0.00
GG01 467825 0801000 $0.00
Submitted for City Manager's Office by_ Libby Watson (6183)
Originating Department Head: Melody Mitchell (Acting) (5704)
Additional Information Contact: Sandra Youngblood (5755)
ATTACHMENTS
apps.cfwnet.org/council_packet/mc_review.asp?ID=6529&councildate=10/17/2006 2/2