HomeMy WebLinkAboutContract 18454 CITY SECRET Y CO TRACT
NO.
THIS AGREEMENT is made and enter, dnto effective as of
D
1991 (the "Effective Date" ) , by
and between the City of Fort Worth (the "City" ) and the Fort
Worth Zoological Association, a Texas nonprofit corporation (the
"Zoo Association" ) :
W I T N E S S E T H
WHEREAS, the City of Fort Worth is a municipal corporation
existing under the Constitution and laws of the State of Texas
and by home rule Charter; and
WHEREAS, the Charter of the City of Fort Worth vests all
powers of city government in its City Council; and
WHEREAS, it is the responsibility and duty of the City
Council, the City Manager, and the Park and Recreation Director
of the City of Fort Worth to establish and maintain all of the
public parks and recreation areas of the City of Fort Worth for
the use and benefit of the citizens of said City; and
WHEREAS, funds derived from the use and operation of the
public parks and recreation areas of the City of Fort Worth are
' for the benefit of the public; and
WHEREAS, the City of Fort Worth owns a tract of land for the
benefit of the public which is known as Forest Park ( "Forest
Park" ) ; and
WHEREAS, the City of Fort Worth has dedicated certain por-
tions of Forest Park to be used for the development--of the Fort .
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TEX.
Worth Zoo (the "Zoo,, ) , the boundary of which has been approved by
the City Council and is specifically defined in Exhibit "A" , a
copy of which is attached hereto and incorporated herein by
reference; and
WHEREAS, the City of Fort Worth desires to maintain its
ownership of Forest Park, yet reduce its present and future finan-
cial responsibilities at the Zoo for the benefit of the taxpayers
of the City of Fort Worth; and
WHEREAS, the City of Fort Worth seeks to ensure the con-
tinued safe operation of the Zoo for Zoo patrons , animals and the
Zoo ' s employees while limiting the financial burdens on the
City's taxpayers; and
WHEREAS, the City of Fort Worth desires to provide for the
continued proper health and care of the animals at the Zoo and
maintain the Zoo's accreditation with the American Association of
Zoological Parks ( "AAZPA" ) ; and
WHEREAS, the Zoo Association is a nonprofit corporation of
the State of Texas which was organized in 1939 as a citizen sup-
port group whose mission has been to assist the Zoo in opera-
.
tional, educational and developmental growth for the benefit of
all Fort Worth citizens; and
WHEREAS , the Zoo Association is governed by a Board of
Directors made up of volunteer citizens interested in the Zoo and
I
its programs who are elected annually by the Zoo Association; and
WHEREAS, the Zoo Association holds the animals acquired by
i
the Zoo Association in trust for the benefit of the public; and
HORD
CITY SECRETARY
2 FT. WOR,THg TEX.
WHEREAS, the Zoo Association has a 51-year history of con-
tributing to the Zoo significant. financial and other benefits
relating to the management and operation of the Zoo, including
the acquisition of animals and specimens , the education of
children and families, the construction of permanent exhibits and
other public improvements, the management of concession opera-
tions and employees, the collection of gate receipts and the
management of gate employees, the payment of various operating
expenses not otherwise covered by the City budget, and the contri-
bution of other significant services, benefits and support to the
Zoo; and
WHEREAS , the City of Fort Worth desires that the Zoo
Association expand its current commitment to the Zoo to include
I
additional financial and management responsibilities which will
benefit the Zoo
i , the City and all Fort Worth taxpayers, and
WHEREAS, the Zoo Association is uniquely and solely quali-
fied to provide such additional financial and management respon-
sibilities, given its 51-year history of involvement with and
support of the Zoo, its demonstrated knowledge of Zoo operations,
its acquisition and ownership of the animal collection for the
benefit of the citizens of Fort Worth. and its current and past
operation of the food and gift facilities , its demonstrated
I
success at raising funds for the improvement, construction and
maintenance of Zoo facilities , its development, management and
promotion of the Zoo's educational programs (including sponsoring
scholarships) , and its demonstrated success in the funding, organ-
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ization and execution of community outreach progra
Free Day programs) which serve all areas of Fort Wo a: d "duVYE
FT. Wc, a
WHEREAS, the Zoo Association is willing to provide such addi-
tional financial and management responsibilities without compensa-
tion by agreeing that all revenues from the operation of the Zoo,
including, without limitation, admission and parking fees and the
proceeds of retail and educational operations, be used solely for
the benefit of the Zoo and its programs; and
WHEREAS , the City of Fort Worth desires , and the Zoo
Association is committed, to expend funds to improve the Fort
Worth Zoo pursuant to the previously adopted plan referred to
herein and within the boundary defined in Exhibit "A" for the
proper health and care of the Zoo 's animal collection and for the
education and enjoyment of all citizens of Fort Worth; and
WHEREAS, both parties desire to enter into a contract to
effectuate the above-stated purposes, NOW, THEREFORE,
KNOW ALL MEN BY THESE PRESENTS:
For and in consideration of the premises and the mutual cove-
nants herein contained, the City of Fort Worth and the Fort Worth
Zoological Association do hereby agree as follows :
i
ARTICLE I .
TERM
1. 01 The Term. The term of this Agreement shall commence
on the Effective Date and shall expire at midnight on ,
2`�il , �-, subject to earlier termination as herein-
after provided (the "Term" ) . The Term may be renewed for succes-
sive ten-year periods by the mutual written agreement of the.
parties . OFINCIAL RECORD I
i
CI Y SECRETARY
FT. WORTH, TEX.
4
ARTICLE II .
OWNERSHIP OF THE ZOO
2 . 01 Ownership. Title to all public lands, improvements
and property currently owned by the City of Fort Worth in Forest
Park, and any improvements constructed at the Zoo during the
Term, shall remain vested or shall be vested in the City of Fort
Worth.
2 .02 Equipment and Other Property. The City will permit
the Zoo Association to use all City property currently used on
the Zoo premises or assigned to the Zoo to enable the Zoo
Association to fulfill its commitments hereunder for the benefit
of the Zoo and the visiting public .
ARTICLE III .
MANAGEMENT OBLIGATIONS AND RESPONSIBILITIES
OF THE ZOO ASSOCIATION
3 . 01 Service Operations . During the Term, the Zoo
j Association shall have the sole right and obligation to fund and
manage all Service Operations at the Zoo. Service Operations to
be funded and managed by the Zoo Association shall include, but
are not necessarily limited to, the following: souvenirs, conces-
sions, restaurants, facilities , food, beverages , gifts , promo-
tions , marketing, leasing, catering, rentals , and strollers
(collectively, the "Service Operations" ) .
The Zoo Association shall obtain, when necessary, and keep
in effect, at its own cost and expense, all licenses and permits
necessary for the Service Operations as well as state licenses
and permits necessary for the sale of alcoholic beverages ___H aw,.
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ever, the Zoo Association shall not apply for said permits neces-
sary for the sale of alcoholic beverages without prior approval
of the Fort Worth City Council. All gross receipts the Zoo
Association derives from the Service Operations at the Zoo shall
be used solely for the benefit of the Fort Worth Zoo and its pro-
grams .
3 . 02 Education. During the Term, the Zoo Association shall
have the obligation to fund and manage educational programs in
the Fort Worth Zoo at a level no less than it currently provides
for the purpose of stimulating awareness and appreciation of con-
servation and wildlife issues , and shall provide educational
services to schools, adult and senior citizen groups, and other
interested parties visiting the Zoo. The Zoo Association will
continue offering scholarships and special assistance to various
disadvantaged children and families interested in the Zoo's educa-
tional programs . Revenue , if any, derived by the Zoo
Association from the operation of the educational facilities at
the Zoo shall be used solely for the benefit of the Fort Worth
Zoo and its programs .
3 . 03 Personnel and Benefits . Like the City, the Zoo
Association is and will be dedicated to the hiring and promotion
of the most qualified individuals without regard to their race,
religion, color, sex, national origin, age or disability. The
Zoo Association will encourage applications from minority appli-
cants . The Zoo Association's equal opportunity policy will apply
to such areas as the recruitment and hiring of qualified appli-
cants, job assignments, pay levels, promotions/demq,',fll M
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transfers, job training, discipline, layoff, and disc #Oo-�,sl
6 VYL 'ICII1PRRsIItRT[hi, TEL
Within the due diligence period specified in Section 8 . 11
hereof, the Zoo Association will designate positions to be paid
by the City as City employees pursuant to Section 5 .01. The
persons who occupy such City positions shall be City employees .
All other positions at the Zoo will be paid by the Zoo
Association and the persons who occupy such positions shall be
Zoo Association employees . The Zoo Association shall create and
fill such number of additional positions as it determines neces-
sary in the performance of the Zoo Association's obligations
under this Agreement.
At least 60 days prior to the beginning of each City fiscal
year, the Zoo Association will inform the City of the number of
City positions to be paid by the City pursuant to Section 5 . 01
and the salary to be paid the person who will occupy such posi-
tion.
As vacancies occur in City positions, the Zoo Association
shall be entitled to fill such positions with persons who will
become City employees in accordance with the procedures specified
herein. In addition, the Zoo Association shall be entitled to
designate new City positions to be paid by the City pursuant to
Section 5 . 01 and to specify the salary .to be paid the person who
will occupy such position.
As part of its management responsibilities , the Zoo
Association exclusively will have all the rights of a manager,
including but not limited to the right to supervise, hire,
discharge, transfer, may off, resolve disputes in accordance with
appropriate procedures, assign work, and assess per 6fffaM-CS--af--*
all City or Zoo Association employees working at the ZoD
7 F-Y, IVN�l"I'll 11"OP I, TOAL
The City shall be responsible for all wages, insurance bene-
fits, workers , compensation premiums (or qualified self-insurance
alternative ) , vacation leave , sick leave , group insurance
premiums , pension or retirement benefits , other benefits , or
other obligations or liabilities owed to City employees . The
City is not responsible for wages, insurance benefits, workers ,
compensation premiums (or qualified self-insurance alternative) ,
vacation leave, sick leave, group insurance premiums, pension or
retirement benefits , other benefits , or other obligations or
liabilities owed to Zoo Association employees . The Zoo
Association shall be responsible for all wages , insurance
benefits , workers ' compensation premiums (or qualified self-
insurance alternative) , vacation leave, sick leave, group
insurance premiums, pension or retirement benefits and other
benefits , or other obligations or liabilities owed to Zoo
Association employees . The Zoo Association is not responsible
for wages, insurance benefits, workers ' compensation premiums (or
qualified self-insurance alternative) , vacation leave, sick
leave, group insurance premiums, pension or retirement benefits
and other benefits, or other obligations or liabilities owed to
it
City employees .
On the Effective Date, the City and the Zoo Association will
inform all Zoo employees (both City and Zoo Association) , that,
effective immediately, they shall be under the direct management
of the Zoo Association. All City employees working at the Zoo
shall be under the direct management of the Zoo Association and
may be hired, discharged, promoted or demoted b Zop pE
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Association the same as if the Zoo Association were the manager
of a City department. Such matters affecting the management of
City employees, including without limitation the hiring, job
assignments , evaluations , promotions/demotions , discipline,
layoff, dispute resolution, and discharge of same, shall be in
accordance with the City of Fort Worth Personnel Rules and
Regulations in effect at that time.
The Zoo Association and the City will maintain accurate
records on their respective employees and upon reasonable request
will provide such information to the other party.
3 .04 Insurance. The Zoo Association and the City shall
maintain separate statutory workers ' compensation insurance (or
qualified alternative self-insurance program) and employer's
liability insurance with coverage of not less than $500,000 per
occurrence at their respective cost. The Workers ' Compensation
Policy insuring the Zoo Association employees shall be endorsed
li to waive all rights of subrogation in favor of the City. The
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Workers ' Compensation Policy or qualified self-insurance program
that insures the City employees shall be endorsed to waive all
rights of subrogation in favor of the Zoo Association, its
l directors and officers. Each art will supply the other with a
P Y PP Y
verification of this waiver annually at renewal or on the anniver-
sary date of this Agreement.
In addition, the Zoo Association shall maintain a Commercial
General Liability Policy with limits not less than $500,000 per
occurrence during the term of this Agreement. Said policy shall
include the City as an additional insured with respect to the
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acts of City and Zoo Association employees while in the course
and scope of their employment at the Zoo. Any automobile or
vehicle supplied by the City subject to this Agreement (a list to
be provided by the City) shall be covered by automobile liability
insurance provided by the Zoo Association with limits of not less
than $500,000 . Said policy shall include the City as an addi-
tional insured . The Zoo Association will also purchase a
$2 , 000 , 000 umbrella liability policy naming the City as an
additional insured to provide excess coverage above the primary
policies mentioned in this paragraph. The Zoo Association shall
furnish the City a Certificate of Insurance verifying such
coverage with a confirmation that such policy shall not be
subject to cancellation except upon thirty ( 30 ) days ' prior
written notice to the City. The City may, at its option, also
require the Zoo Association to submit a copy of the policy or
policies of insurance in effect as well as proof of payment of
premiums . All policies, where applicable, shall be on an occur-
rence basis rather than a claims made basis .
The Zoo Association shall further provide liquor liability
insurance with coverage limits of not less than $500,000 adding
the City as an additional insured with respect to this exposure.
The Zoo Association and the City also will insure their
respective real and personal property at the Zoo from physical
damage or destruction on an all-risk basis through a traditional
insurance format or through a self-insurance format. Each party
is solely responsible for the insurance of its own property. Any
policy of insurance covering the respective owner party(�thg13Z.._., .
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the Zoo Association or the City) will be endorsed to waive all
rights of subrogation that the owner-party or its insurance
company possesses in favor of the other party. Should the owner
party choose to self insure its property, or with respect to any
deductible to the owner party's traditional insurance policy, any
losses to the related personal property shall be at the sole risk
of the owner party. To the extent covered by insurance, the Zoo
Association and the City hereby mutually waive and release any
claims for damages or losses that one may have against the other
with respect to any of their real and personal property at the
Zoo.
In the performance of this Agreement, the Zoo Association
covenants and agrees to indemnify, hold harmless and defend the
City of Fort Worth from and against any and all claims or suits
for property damage or loss and/or personal injury, including
death, to any and all persons, of whatsoever kind or character,
whether real or asserted, arising out of or in connection with
the acts or omissions of the Zoo Association, its officers,
agents, employees , contractors , subcontractors or those City
employees at the Zoo who are under the supervision, management,
direction or control of the Zoo Association as such employees are
defined in this Agreement; provided, however, that the foregoing
indemnity shall not relieve the City from any of its obligations,
claims or liabilities arising from the acts or omissions of any
City employees not under the supervision, management, direction
or control of the Zoo Association or relieve the City from its
obligations under Section 3 . 03 .
P, f
RECORD
1,:11 I�F-111 4R elE.TARY
FE"Tc TEX.
3 .05 Construction. The Zoo Association has the right and
obligation to manage the construction of all Improvements built
after the Effective Date at the Zoo (-the "Improvements" ) . No
such Improvements shall be constructed unless and until the plans
and specifications for same have been reviewed and approved in
writing by the City Engineer, when required by law. All such
plans and specifications, and the Improvements constructed in
connection therewith, must conform to all local, state and
federal codes, laws, and regulations now in force or hereinafter
prescribed by authority of law. In addition, no exhibits shall
be constructed after the Effective Date unless and until the type
and location of such exhibit is first approved by the City
Council, and the Zoo Association has provided documentation,
subject to the satisfaction of the City Manager, that the Zoo
Association has available sufficient funds to assure the comple-
tion of the proposed exhibit.
By giving 30 days , prior written notice to the City, the Zoo
Association shall have the right and obligation to manage the
modification and/or relocation of any facilities, walkways,
passageways or other structures existing as of the Effective Date
at the Zoo within the current boundary of the Zoo.
All Improvements, modifications and/or relocations made at
the Zoo shall be made solely for the enhancement and benefit of
the Zoo.
Title to the Improvements shall be retained by the Zoo
Association during construction, but such title shall vest in the
City upon completion of each project. The Zoo Association shall
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12 0g,
take all steps necessary to vest title to the Improvements in the
City, including but not limited to the delivery of an instrument
of donation to the City.
The Zoo Association also agrees that it will take all steps
necessary to prevent any lien being placed against the
Improvements and agrees to indemnify the City and hold the City
harmless from any and all such liens and for non-payment of con-
tractors , subcontractors, laborers or materials furnished in
connection with such Improvements, including costs and expenses
incurred by the City in any dispute concerning a lien against
said Improvements or the non-payment for same . The Zoo
Association agrees that at any time it undertakes to manage the
construction of any Improvements, it shall, at its own cost and
expense, cause to be made and executed by the construction con-
tractor two separate bonds, in accordance with Article 5160 of
the Revised Civil Statutes of Texas as follow:
( 1) Prior to the date of commencement of construction, the
contractor shall furnish a contract surety bond in a
sum equal to the full amount of the construction con-
tract awarded. Said bond shall guarantee the faithful
performance of necessary construction and completion of
improvements in accordance with approved final plans
and detailed specifications, and shall guarantee the
Zoo Association against any losses and liability,
li damages, expenses , claims and judgments caused by or
resulting from any failure of the contractor to perform
completely the work described as herein provided.
(2) Prior to the date of commencement of construction, a
payment bond in a sum equal to the full amount of the
construction contract awarded . Said bond shall
guarantee payment by the contractor of all wages for
labor and services engaged and of all bills for
materials, supplies and equipment used in the construc-
tion of said Improvements .
I RECORD
C. Af SOCMETARY
13 FT, 11NORT[pi, TEX.
3 . 06 Zoo Plan. The City and the Zoo Association hereby
reaffirm their commitment to and approval of the plan for Zoo
development detailed in the Forest Park Plan, approved by the
City Council on November 10, 1987, and, subject to the terms and
conditions found in Section 3 . 05 herein, the City approves the
construction of any Improvements at the Zoo shown in such Plan.
A conceptual map of the Forest Park Master Plan with the Zoo
boundary outlined thereon is attached hereto as Exhibit "B" and
incorporated herein by reference.
3 . 07 Maintenance of Zoo Structures . The Zoo Association
covenants and agrees to provide maintenance against normal wear
and tear occurring after the Effective Date for all exhibits and
structures utilized at the Zoo.
The Zoo Association also agrees to provide a maintenance
endowment equal to five percent (5%) of the required construction
costs for any exhibit constructed at the Zoo after the Effective
Date, to be held in escrow for the benefit of the particular
exhibit so endowed for as long as the exhibit exists . All
existing maintenance endowments heretofore established shall
remain in effect for as long as the exhibit exists .
3 .08 Animals . The Zoo Association agrees to meet and ful-
1
fill all of the rules and regulations of the American Association
of Zoological Parks pertaining to animal health and safety and to
maintain the Zoo ' s accreditation with the AAZPA. The Zoo
Association also shall continue funding and managing the pur-
chases and acquisitions of animals for the Zoo . The Zoo
Association holds title to the animals acquired by the Zoo
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Association in trust for the benefit of the public . Subject to
the provisions of Section 7 . 02 of this Agreement, said animals
will be fed, maintained, housed and exhibited at the expense and
under the sole management of the Zoo Association.
3 . 09 Audit. The Zoo Association shall keep complete and
accurate records, books and accounts of all receipts and disburse-
ments from its operations at the Fort Worth Zoo, and the City
shall have the right to examine and audit said records, books and
accounts at any reasonable time. The Zoo Association shall fur-
nish to the City a yearly audit of its books, prepared by a cer-
tified public accountant, of gross receipts derived from the Zoo
Association's operations at the Fort Worth Zoo and all expendi-
tures made from such gross receipts, such report to be furnished
within one hundred twenty ( 120) days after the end of the fiscal
year of the Zoo Association.
3 . 10 Si na e. The Zoo Association shall q q 11 install appropriate
signage in and around the Fort Worth Zoo. Any signs so installed
must be constructed and installed in compliance with the ordi-
nances, rules and regulations of the City of Fort Worth.
3 . 11 Marketing and Advertising. As set forth in
Section 3 . 01, the Zoo Association shall have the sole responsi-
bility for management of and the expenses incurred in the
i
advertising, marketing, merchandising and promotion of the Fort
Worth Zoo. The City agrees that it will not enter into any other
advertising contracts affecting the Zoo; however, the City shall
continue to use its best efforts to promote the Fort Worth Zoo.
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3 . 12 Janitorial and Groundske e p i n g S e r v i c e s . The Z o o
Association shall manage all janitorial and ' groundskeeping
services at the Fort Worth Zoo. The Zoo Association shall be
obligated to maintain the Zoo in a clean, neat and attractive
condition in a manner consistent with the requirements of AAZPA
and for the use and enjoyment of the public .
3 . 13 Security. The Zoo Association shall manage security
operations at the Zoo and shall be obligated to provide reason-
able security for the animals, employees, visitors, equipment and
structures within the Zoo boundaries .
3 . 14 Performance as an Independent Contractor. It is
expressly understood and agreed that the Zoo Association shall
perform its obligations and responsibilities hereunder as an inde-
pendent contractor and not as an officer, agent, representative
or employee of the City; that the Zoo Association shall have
exclusive control of and the exclusive right to control the
details of its obligations and responsibilities and all persons
performing same; that the Zoo Association shall be solely respon-
sible for the acts or omissions of its officers , agents ,
employees or other persons under its supervision, management and
control; that the doctrine of respondeat superior shall not apply
as between the City and the Zoo Association; and that nothing
i
herein shall be construed as creating a partnership or joint
enterprise between the City and the Zoo Association.
3 . 15 . Performance. Subject to the faithful performance of
the provisions of this Agreement, the Zoo Association shall have
the sole discretion to determine the method in which it performs
its obligations and responsibilities herein. tit't ,, �, B� �i1iJ
3 . 16 . Public Zoo. The Zoo Association agrees that at all
times during the Term of this Agreement, it will operate the Zoo
as a public zoo and public park for the use, benefit and enjoy-
ment of the citizens of Fort Worth. No exhibit may be closed to
or discontinued from public view for more than one ( 1) month
without prior City Council approval . The Zoo Association agrees
that with respect to admission of the public and the charges
therefor, it will not discriminate as to race, religion, color,
sex, national origin, age or disability.
3 . 17 . Minority and Women Business Enterprise Commitment. it
is the policy of the City of Fort Worth to involve disadvantaged
business enterprises (DBEs ) in all phases of its procurement
practices and to provide them an equal opportunity to compete for
contracts for construction, provision of professional services,
purchase of equipment and supplies and provision of other ser-
vices required by the City. Therefore, the Fort Worth Zoological
Association agrees to incorporate City Council Policy No. 148,
dated March 13, 1990, and all amendments or successor policies
thereto, into all contracts of the Association and will further
require all persons or entities with whom it contracts to comply
with said Policy. A true and correct copy of City Council Policy
No. 148 is attached hereto as Exhibit "C" .
ARTICLE IV.
ADMISSION CHARGES
4 .01 Management. The Zoo Association shall be responsible
for managing the collection of admission and parking fees at the
Fort Worth Zoo and its associated parking. The Zoo Ass _ation
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will keep accurate records of the monies received from these
charges and will provide such records, upon reasonable request,
to the City. All admission and parking fees shall be managed and
administered by the Zoo Association and used solely for the
benefit of the Fort Worth Zoo and its programs,
4 .02 Price of Admission Tickets for Fort Worth Residents .
The Zoo Association hereby agrees that any increase in the prices
of admission tickets over those prices charged (as of the
Effective Date) to Fort Worth residents shall not exceed the sum
of an annual C.P. I . adjustment and the following:
a) $2 over the first five ( 5) years of the Term;
b) a total of $4 over the first ten ( 10) years of the Term;
c) A total of $6 over the entire twenty (20) years of the
Term.
4 . 03 Price of Admission Tickets for Non-Fort Worth
Residents . The price for admission tickets for non-Fort Worth
residents shall be set by the Zoo Association but shall never be
lower than the amount charged to Fort Worth residents .
4 . 04 Parking Fees . The Zoo Association shall be obligated
to charge parking fees as prescribed hereinbelow. Revenues
derived from parking fees, after reimbursement to the Association
for its costs incurred in managing the entry parking lot shown on
Exhibit I'D" attached hereto, shall be returned to the City to the
extent of the City's actual costs of constructing the parking
facility described in Article VI below. All revenues, if any,
derived from parking fees after repayment of such costs shall be
managed and administered by the Zoo Association and used solely
for the benefit of the Zoo and its programs . Parking fees
18
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charged at the Zoo shall be One Dollar ( $1 . 00 ) per vehicle and
shall be charged only at the entry parking lot. Such charges
shall be only on weekends during the months of June, July and
August, on holidays and on days of specially designated Zoo
events . Such requirement to charge the parking fees prescribed
herein shall cease at such time as the City is fully reimbursed
for its construction costs associated with the parking facility
described in Article VI below.
ARTICLE V.
STAFFING OF CITY EMPLOYEES AT THE ZOO
5 . 01 City Personnel. The City and the Zoo Association
recognize and acknowledge that the Zoo, which is owned by the
City, is and shall be maintained and managed solely for the
benefit and pleasure of the citizens of Fort Worth and the
general public . To this extent, the City, in an effort to
fulfill its continuing commitment to its citizens to provide a
quality Zoo and to assure the Zoo's compliance with the accredita-
tion standards of the American Association of Zoological Parks,
shall continue to staff the Zoo with City employees and to pay
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salaries and benefits of City positions at the Zoo as designated
by the Zoo Association pursuant to Section 3 . 03 . The City shall
appropriate annually the following amounts to pay the salaries
and benefits specifically described in Section 3 . 03 hereof to
p y
City employees who work at the Zoos
1990-1991 $1,500,000*
1991-1992 $1,800,000
1992-1993 _ $2, 100,000
1993-1994 $2,400,000
*Prorated for the period from the Effective Date through th-e--an-,",
of the 1990-91 fiscal year. �GtS5B
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To address increasing costs of providing adequate salaries and
benefits for City employees at the Zoo, for each year during the
Term following 1993-94, the City's annual appropriation to pay
salaries and benefits to City employees working at the Zoo shall
remain constant at $2,400,000 with a yearly C.P. I . adjustment.
The term "C.P. I . " as referenced throughout this Agreement shall
mean the Consumer Price Index issued by the Bureau of Labor
Statistics Covering "All Urban Consumers " for the Dallas/Fort
Worth, Texas Region (or if this index ceases to be published,
then a comparable index) .
ARTICLE VI .
I
6 . 01 Parkincr. The City agrees that during the due dili-
gence period provided for in Paragraph 8 . 11 herein, the City
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shall cause a comprehensive parking study to be performed by the
Park and Recreation Advisory Board to determine the appropriate
method to provide additional parking spaces in Forest Park to
provide parking to accommodate Zoo patrons and other Forest Park
users . The parking as shown on Exhibit "D" attached hereto shall
be submitted as one of the parking solutions .
ARTICLE VII .
TERMINATION RIGHTS
7 . 01 Termination. Either the City or the Zoo Association
shall have the right to terminate this Agreement at any time upon
delivery of twelve ( 12) months ' prior written notice to the other
party. In the event the City fails to appropriate the necessary
funds scheduled in Section 5 . 01 of this Agreement and the Zoo
Association determines to exercise its right to terminate this-
20 {T.
Agreement as set forth in the immediately preceding sentence, the
Zoo Association shall specify in such notice that the reason for
such termination is because of the City's failure to appropriate
said funds.
In the event of termination of this Agreement by either
party, the Zoo Association shall ensure the completion, at its
cost, any Improvements then under construction, such completion
to be within the time prescribed in the contract for construc-
tion, together with such additional reasonable time as provided
to the contractor by written change order.
In the event of termination of this Agreement by the City,
or in the event of termination of this Agreement by the Zoo
Association because of the City's failure to appropriate the
funds scheduled in Section 5 . 01 hereof, the City agrees to
assume, to the extent permitted by law, any obligations, con-
tracts or commitments incurred or entered into by the Zoo
Association during the term of this Agreement, but such assump-
tion shall never include the costs of constructing Zoo
Improvements initiated or contracted by the Zoo Association. To
the extent the City is lawfully unable to assume any obligations,
contracts or commitments of the Zoo Association existing on the
effective date of termination, then, notwithstanding such termina-
tion, this Agreement shall continue in full force and effect for
such period as is necessary to enable the Zoo Association to
honor, fulfill and extinguish such obligations , contracts or
commitments which exist on the effective date of the notice of
such termination.
21
it V`i!l 31�`R,]f i TrI
The City and the Zoo Association further agree that during
the term of this Agreement, City Secretary Contract No. 16138, as
amended, will remain in effect subject to the exercise of the
renewal provisions contained therein. During such term, City
Secretary Contract No. 16138, as amended, will not be subject to
the enforcement by either party, but rather will be held in
abeyance by both parties for so long as this Agreement is in
effect. In the event of termination of this Agreement, for any
reason, or in the event the performance of this Agreement is
suspended, for any reason, the City and the Zoo Association agree
that they will resume their respective performance of city
Secretary Contract No. 16138, as amended, including the active
enforcement of their respective rights, obligations and duties
expressed therein.
7 .02 Effect of Termination. In the event of termination as
set forth in this Article, all cash on hand being managed by the
Zoo Association, derived either from Service Operations at the
Zoo or from the
collecting of admissions and parking fees at the
Zoo, save and except those required to
pay existing obligations,
shall be transferred to the City to be used for the benefit of
the Fort Worth Zoo only.
Insofar as permitted by law or contract, in the event of the
termination of this Agreement, title to all animals and specimens
owned by the Zoo Association shall be vested in the City to the
extent the Zoo Association has title to same. In the event of
such termination, the City agrees to care for the animals at the
Zoo and to fulfill all of the rules and regulations of AAZPA per-
22 [TAR Y
f " j Fail
taining to animal health and safety for the animals and specimens
at the Zoo and other attendant rules and regulations .
7 . 03 Remedies Cumulative . The termination of -this
Agreement under the provisions of this Article VII shall not
affect the rights of the terminating party with respect to any
breach of this Agreement, nor shall it affect the rights of
either party with respect to liability or claims accrued, or
arising out of events occurring, prior to the date of termina-
tion.
Neither the right of termination nor the right to sue for
damages nor any other right or remedy available to either party
hereunder shall be exclusive of any other right or remedy given
hereunder or now or hereafter existing at law or in equity.
ARTICLE VIII .
GENERAL PROVISIONS
8. 01 Notice. Any notice or communication required or per-
.
i
mitted hereunder shall be by first class mail, postage prepaid,
or hand delivered, as follows :
If to the City: City of Fort Worth
c/o City Manager
City Hall
1000 Throckmorton Street
Fort Worth, Texas 76102
If to the Zoo Association: The Fort Worth Zoological
Association
c/o Zoo Director
2727 Zoological Park Drive
Fort Worth, Texas 76110
(or at such other address or in care of such other persons as
hereafter shall be designated in writing by either party to the
other) and shall be deemed to have been given as of the--daNN-e�
1 ' E ,
receipt. � ti
�q «
gX31�u
23
8 .02 Consent to Assign. Neither party may assign all or
any portion of this Agreement without the prior written consent
of the other party, and any attempted assignment of same without
such prior written consent shall be void.
8.03 Successors and Assi ns . All covenants, conditions and
agreements made by or on behalf of either of the parties to this
Agreement shall bind and inure to the benefit of the respective
successors, representatives and assigns of each party.
8. 04 Maintenance of Utilities . The City covenants and
agrees to provide, at its cost, normal and routine maintenance
and repair to all Basic Utilities affecting the Fort Worth Zoo.
"Basic Utilities" at the Zoo shall include, but are not neces-
sarily limited to sewage, water, gas and electricity. The City
further agrees to relocate or alter the Basic Utilities to t
d accom-
moae any construction or modifications
Ii at the
Zoo.
i
The City shall promptly repair, at its cost, all Basic
Utilities affecting the Zoo in the event of any malfunction or
interruption in service not caused by the Zoo Association.
8. 05 Entire Agreement. With respect to the subject matter
hereof, this writing, including the Exhibits hereto, embodies the
entire agreement and understanding between the City and the Zoo
Association and supersedes all prior agreements and under-
standings relating to such subject matter, save and except City
Secretary Contract No. 16138, and any amendments thereto, which
contract and amendments shall remain in effect pursuant to the
conditions of Section 7 .01 hereof . All other previous agree-
ments, save and except City Secretary Contract No. 16138, as
a F
'Uhi RY
24
SIX.
amended, whether oral or in writing, between said parties per-
taining to this subject matter are hereby terminated and can-
celled and declared to be of no further force and effect. No
prior or contemporaneous written or oral agreements of any nature
exist to alter or modify the terms of this Agreement.
8.06 Bond Elections . Except as otherwise prohibited by
applicable federal , state and local laws , nothing in this
Agreement shall prohibit the City of Fort Worth or the Zoo
Association from seeking financing for the construction of
Improvements at the Fort Worth Zoo through City of Fort Worth
bond financing. No provision in this Agreement shall render the
Zoo Association's right to seek such financing invalid or unen-
forceable.
8. 07 Contractina. The Zoo Association, at its sole discre-
tion, shall manage the hiring, letting, contracting or fran-
chising of any of the work necessary to fulfill any of its
obligations or responsibilities under this Agreement. All such
contracts paid for with revenues from operations at the Zoo must
be in conformity with the terms and conditions of this Agreement
and all other laws, rules, regulations and policies of the City
l
of Fort Worth.
I
8 . 08 Severability. Any Article, section, part of a section
or provision of any section of this Agreement held to be void,
invalid, unenforceable, or illegal in any jurisdiction shall be
ineffective to the extent that such invalidity or unenforcea-
bility invalidates or renders unenforceable the remaining
Articles, sections and provisions of the Agreement wiY , i M/
A
remain in full force and effect. To the extent pe i 'ed1� `
�,
25
any determination of invalidity or unenforceability in any juris-
diction shall not invalidate or render unenforceable such provi-
sion in any other jurisdiction.
8 . 09 Amendments . Except as otherwise provided in this
Agreement, the terms and provisions of this Agreement may not be
modified or amended except upon the written consent of both the
City and the Zoo Association.
8. 10 Headings , The headings of the Articles, sections, and
provisions of this Agreement have been added for convenience only
and shall not be deemed to be a part of this Agreement.
8 . 11 Due Diligence. Notwithstanding any provision herewith
to the contrary, all of the obligations of the Zoo Association
hereunder are conditioned upon and subject to the Zoo
Association' s satisfaction, at its sole discretion, with the
results
of a due diligence review and physical inspection of the
Zoo. Such due diligence review must be completed within- one
hundred twenty ( 120) days of the date that the City executes this
Agreement.
8 . 12 Fiscal Funding. As to the City's performance of the
obligations in this Agreement, the Zoo Association acknowledges
and agrees that the City is a governmental entity, and because of
statutory, constitutional and City Charter provisions it cannot
i
commit to the funding of the City's obligations described herein
beyond each fiscal year. Therefore, the funding obligations of
the City described herein are subject to and conditioned upon the
City Council of the City appropriating for each fiscal year suffi-
cient funds to satisfy such obligations .
nft+ 1
26
8 . 13 Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Texas .
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement in Fort Worth, Texas, as of the day and year first
above written._
ATTEST: CITY OF FORT WORTH
r'
By.
City Secretary City Manager
APPROVED AS TO FOR14 AND LEGALITY:
DEPOrICity Attorney
Date:
THE FORT WORTH ZOOLOGICAL
ATTEST: ASSOCI ION
Secretary By:
II
President
Contract .lu-thorzzation
Date
i
�'4'r'F t RECORD
1A '
C..w L
U
27
I
A parcel of land Out of the S. A. and n- G. Railroad
Survey, Abstract No. 14819 and the E. S. Harris Survey, Abstract
No. 688, and also being portions of tracts of land conveyed to
the City of .-Fort Uorth, Texas, by deeds recorded in Volume 891 ,
Page 365, Volume 332, Page 5489 and Volume 831 , Page 196, Iced
Records, Tarrant County, Texas• and being more particularly
described as follows:
BEGINNING at a point in the north line of a 38.8 foot `°Reservede
strip on the north 8100 of Black 2, Park Hill Additiion, an
addition to the City of Fort Uorth, as recorded in volume 388,
Page 58, Plat Records., Tarrant County, Texas, said BEGINNING
POINT being at the intersection of a projection of the West line
of Lot 3, Block 2, said addition, with said north line;
THENCE: North 04 degrees 07 minutes 34 seconds East, a distance
Of 106.14 feet, to a point on the south side of the east parking
lot for said zoo;
THENCE: Across said parking lot, North 19 degrees 01 minutes 28
seconds East, a distance of 542.71 feet, to a
Pint on the mast
curb line of Colonial Parkway, said point being approxiamately
430.0 feet northeasterly along said curb, of the intersection of
University Drive and Colonial Parkway;
THENCE: The following courses and distances®
said curb; generally behind
_
North th
31 degrees 30 minutes 28 seconds East, a distance of
145.S7 feet;
North 24 degree: 29 minutes 16 seconds East, a distance of
166'.88 feet;
North 00 degrees 12 minutes 53 seconds !Jest, a distance of
01 .03 feet;
North 27 degrees 23 minutes 50 seconds Uest, a distance of*
91 .60 feet;
North 08 degrees 42 minutes 11 seconds
68.85 feet; st• a distance ,of
North 11 degrees 38 minutes 07 seconds East, a distance of
230.55 feet;
North 22 degrees 51 minutes 06 seconds East, a distance of
$0.78 feet to a point;
THENCE:
South 81 degrees 33 minutes ®0 6 seconds East, m distance
Of 03. 10 feet, to a point;
THENCE: South 89 degrees 03 minutes 2a seconds Eaet, .a distance
of 210.0 feet, to m point in' the uest curb line of the existing
parking lot access drive;
. r�
i
THENCE: The following courses and distances, with said west curb
line, and the south curb line of said parting lot;
_. South 13 degrees 21 minutes• 83 seconds East, a distance of
327-80 feet:
South 41 degrees 44 minutes 4E seconds East, a distance of
X96.54 feet;
' South 65 degrees 27 minutes 27 seconds East, a distance of
35.93 fact;
North 86 degrees 11 minutes 34 seconds East, a distance .,a of
32.62 fact;
South 40 degrees 40 minutes 51 seconds East., a
distance of 54.655 feet;
and North 47 degrees 29 minutes 59 seconds East, a distance
of 49.75 finet, to a point;
THENCE: South 62 degrees 04 minutes 38 seconds East. a distance
of 148.40 feet, to a point behind the west curb line of Park
Place Drive;
THENCE: The following courses and distances, generally behind
said curb;
South 26 degrees 40 minutes 40 seconds Uest, a distance of
34.48 feet;
South 10 degrees 41 minutes 09 seconds Uest, a distance of
34.'S4 feet;
South 05 degrees 29 minutes 26 seconds East., a distance of
34 .50 feet;
South 12 degrees 08 minutes 34 seconds East, a distance of
67.71 feet;
South 28 degrees 15 minutes 36 seconds East-0 a distance of
9,7.25 feet;
South 33 degrees 90 minutes 24 seconds East, a distance of
57. 11 feet;
South 28 degrees 04 minutes 44 seconds East, a distance of
113-41. feet;
South 26 degrees 08 minutes 54 seconds East, a distance of
90.91 feet;
South 24 degrees 61 minute 30 seconds East., a distance of
64.07 feet;
South 38 degrees 23 minutes 12 seconds East, a distance . of
58.97 feet;
South 32 degrees 19 minutes 37 seconds East, a distance of
196.07 feet;
South 22 degrees 24 minutes 14 seconds East, a distance of
53.67 feet;
South 03 degrees 50 minutes 13 seconds East* a distance of
85.23 feet;
South 39 degrees 06 minutes 10 seconds East, a distance of
78.82 foot;
South 26 degrees 11 minutes 09 second* East, a distance of
64 .51 feet; �.
MR �SFCRETARY
FT. � m
�{,fbl�l.�li L�� To
South 05 degrees 41 minutes '31 seconds East. a distance of
48.92 feet;
South 13 degrees 81 minute 37 seconds West, a distance of
177.72 feet;
South 12 degrees 24 minutes 57 seconds East® a distance of
78.72 feet; _
South 30 degrees 04 minutes 4E seconds East, a distance of
1214-65 feet;
South 43 degrees 19 minutes 51 seconds East® a distance of
88.96 feet;
South 58 degrees 47 minutes 51 seconds East., a distance 4 of
316.12 feet;
and South 89 degrees 16 minutes 41 seconds East, a distance
of 67.27 feet to a point;
THENCE: The following courses and distances® with the existing
or purposed security fence;
South 05 degrees 22 minutes 41 second: Uestq a distance of
58.62 feet;
South 21 degrees 03 minutes 19 seconds East$ a distance of
10.40 feet;
South 52 degrees 59 minutes 20 seconds East, a distance of
29.86 feet;
South 51 degrees ®9 minutes 20 seconds East, a distances of
120.16 feet;
South 76 degrees 43 minutes 48 seconds East.® a distance of
6 6.95 fact;
South 66 degrees 01 minutes 12 seconds East$ a distance- of
39.20 feet;
South 02 degrees 18 minutes 20 seconds East$ a distance of
188.21 feet;
South 11 degrees 14 minutes 50 seconds Kest, a distance of
40.57 feet;
South 02 degrees 56 minutes S7 seconds Want, a distance of
-�212.58 .ferret;
South 37 degrees 46 minutes 58 seconds West, s distance of
11®.09 feet;
South 28 degrees 31 minutes 57 seconds Uest, a distance of
40.31 feet;
South 32 degrees 14 minutes 27 seconds iciest, a distance of
81 .25 feet; .
South 38 degrees 33 minutes 55 seconds West, a distance of
84.33 feet;
South 47 degrees 18 minutes 56 secondd West® a distance of
j 262.50 feet;
South 89 degrees 25 minutes 04 seconds West, a distance of
354.81 feet;
North 86 degrees 27 minutes 47 seconds West, a distance of
107.26 feet; -
North 73 degrees 47 minutes 43 seconds Uent, a distance of
29.70 feet; °
Lt a e t-'I UP-1`a,L
North 42 degrees 39 minutes a9 seconds Uest
16.57 feet; ., a distance of
North 42 degrees 01 minuted 52 seconds East, a distance of
137.27 feet;
North 35 degrees 33 minutes 17 seconds East, a distance of
131 .82 feet;
North 68 degrwe2• 38 minutes 42 seconds East, a distance of
38-51 feet,;
North 59 degrees 16 minutes 13 seconds East, a distance of
g9.5B feet;
North 67 degrees 82 minutes 39 seconds East* a distance of
29.80 feet;
North 03 degrees 22 minutes S9 seconds s , a• dlstance of
ISI .51 feet.;
North 03 degrees 81 minutes 56 seconds East, a distance of
51 .27 feet;
North 28 degrees 25 minutes 58 seconds Uesty a distance of
115.53 feet;
North 4S degrees 46 minutes 33 secands* Uest, a distance of
119.74 feet; .
North 15 degrees 48 minutes 20 seconds Uest, a distance of
51 .26 feet;
North 37 degrees S0 minutes 21 seconds Uest, a distance of
58.54 feat;
North 28 degrees 15 minute: 13 Seconds U08t, a distance of
210 .07 feet;
North 15 degrees 85 minutes el seconds Uest, a distance of
59.44 feet;
North 42 degrees 31 minutes 22 seconds Uest, a distance of
289.29 feet;
North 34 degrees 11 minutes 41 seconds Uest, a distance of
302.91 feet;
South 58 degrees 59 minutes 13 seconds !Jest, a distance of
67.77 feet;
North 68 degrees r6 minutes 35 seconds *Uest, a distance of
.-44".95 feet;
North 38 degrees 43 minutes 15 seconds Uest, a distance of
le.70 feet;
North 19 degrees 47 minutes 38 seconds Uest; a distance of
29.67 feet;
- .North e4 degrees 05 minutes 53 second: Usut® a distance of
69.67 feet;
North 40 degrees 21 minutes 58 Seconds Uest, a distance of
198.54 feet;
North . 45 degrees 11 minutes 50 seconds Uest, a distance of
77.81 feet;
North 36 degrees 05 minutes 25 seconds Uest, a distance of
North 58 degrees 27 minutes 35 =sconce (Jest, a distance of
42.45 feet;
North 68 degrees 23 minutes 56 seconds Uest, a distance of
98.23 feet; _.
SEIC"RE-1 ART
South 78 degrees 23 minutes 48 seconds West, a distances of
146.20 feet;
and South 71 degrees, 06 minutes; 12 seconds West o a distance
of 197.50 feet, to a point in the east line of a tract of land
as described in Volume 3305. Page 295, Deed Records, Tarrant
County, Texan;
. s .
THENCE: Uith the east line of said tract, Borth 27 degrees Sl
minutes 30 seconds West, a distance of 23.55 feet, t.o its
northeast corner; � 'a
THENCE: Ulth the north line of said tract, South 52 degrees 09
minutes 30 seconds West. a distance of Soft f saet, t.o the
southeast corner of Lot 2®R. Block 2, Park Hill addition. An
recorded in Volume 38a-15, !Page do Plat Records, Tarrant. County,
Texas;
i
THENCE: Ulth the east line of said Lot 2-R, North 09 degrees 09'
minutes,; 30 seconds. East, at a distance of ?2.50 feet, passing
the northeast corner of said Lot 2-ft, in all a distance of 81 .70
feet, to the northeast corner of the aforesaid "Reserved" strip;
THENCE: Ulth the north l isie of said strip. South 74 degrees: 09
minutes 30 seconds West, a distance of 280.09 feet, to an angle
.point;
THENCE: Continuing uith said north line, South 48 degrees 05
minutes 30 seconds Uesst o a distance of 203.43 feet* to the POINT
OF BEGIHHIHG. and containing 58.63187 acres~~, or 2,549,648 ,square
feet of land, more or less.
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Pon
POLICY PROPOSAL
DATE FILE NUMBER SUBJECT City-Wide Disadvantaged Business PAG.E-1 OF 8
03-13-90 C. P. 748 Enterprise Policy
PROPOSAL PROPOSED BY: CI MANAG 'S REVIEW
Those Listed Below
RECOMMENDATION
It is recommended that the City Council repeal Council Policy
145 (C. P. 145) as approved on September 26, 1989 and adopt the revised
Policy for the Disadvantaged Business Enterprise (DBE) Program as
outlined below.
BACKGROUND
In 1978, the City Council adopted a policy that was aimed at
increasing the level of participation of minority business enterprises
(MBEs) on City, projects funded by the Department of Transportation,
primarily the Urban Mass Transportation Administration (UMTA) . The
policy was revised in 1980 to include women-owned businesses (WBEs) ; and
was further revised in 1983 to comply with UMTA' s requirement to change
to a Disadvantaged Business Enterprise Program. This policy applied to
only those projects which were federally funded. After program
implementation, the reports submitted to UMTA reflected that there was
sufficient participation by MBEs and WBEs to meet the federal
requirements. In comparing the MBE and WBE participation on City-let,
City-funded projects during the same time period, it became readily
apparent that the level of participation was extremely low and in some
areas non-existent. On July 8, 1986, in order to address this passive
discrimination, the City Council adopted C. P. 123, instituting a program
aimed at increasing the level of MBE and WBE participation in all City
funded procurement activities. The participation by MBE and WBE firms has
increased each year the program has been in existence.
COURT ACTIONS
The United States Supreme Court decision in the case of
City of Richmond v. J. A. Croson Co 109 S. Ct. 706 ( 1989) , establishes
new standards by which the constitutionality of local governments' MBE
and WBE programs will be judged. . In Croson. the Supreme Court held that
a local government may maintain a program if it is necessary to assure
that. the local government is not a "passive participant" in a system of
racial /social exclusion practiced by contractors in the private sector ;
or if such a program is necessary to eradicate the vestiges of its own
past discrimination.
Unauaa��
LEGALITY
FISCAL NOTE ® EXHIBIT C tr
dI ���RETARY
CITY MANAGER'S COMMENTS
POLICY PROPOSAL (contd)' PAGE?OF 8
The Court further held ". . . that .any public entity, state or federal ,
has a compelling interest in assuring that public dollars, dra-w-n from
the tax contributions of all citizens, do not serve to finance the evil
of private prejudice. " In the concluding section of the majority
opinion, the Court reiterated that "[W]here there is a significant
statistical disparity between the number of qualified minority
contractors willing and able to perform a particular service and the
number of such contractors actually engaged by the locality or the
locality' s prime contractors*, an inference of discriminatory exclusion
could arise. "
Pending completion of additional surveys and studies which are required
as a result of Croson, it is necessary to repeal C. P. 123 and adopt a
DBE program. The DBE Program will be narrowly tailored to include the
major presumptive groups in the metroplex that have suffered as direct
recipients of the past exclusionary practices in the private and public
sectors.
DEFINITIONS
For the purposes of this policy:
1. "Disadvantaged Business Enterprise" is defined as a business concern
currently doing business and/or located in the Fort Worth/Dallas
metroplex meeting the following criteria:
a. which is at least 51 percent owned by one or more
socially and economically disadvantaged individuals,
or, in the case of any publicly owned business, at
least 51 percent of the stock
is owned by one or
more
Socially and economically disadvantaged indi -
viduals ; and
b. whose management and daily business operations are
controlled by one or more of the socially and econom-
ically disadvantaged individuals who own it; and
C. whose owners are
citizens of
the United States or
lawfully admitted permanent residents.
d. Any person, firm, corporation, or partnership
which
has a current certification from the Small Business
Administration under Section 8(a)
Business Act. of the Small
2• "Socially - Disadvantaged Individuals means Individuals who have
been been Subject to racial or ethnic prejudice or cultural bias be-
cause of their identity as a member of a group without regard to
their qualities as individuals or capabilities as a business.
CITY OF FORT WORTH
'!J h�03 l�l'g.T,EX
POLICY PROPOSAL (cont1d) PAGE 3 OF 8
3. "Economically Disadvantaged Individuals" means socially disadvantaged
individuals whose ability to compete in the free enterprise system
Is impaired due to diminished opportunities to obtain capital and
credit as compared to others in the same line of business who are not
socially disadvantaged.
4. For the purpose of this Policy, the City shall require all
Individuals to submit a' narrative explaining their economic and
social disadvantageness with each certification and renewal
application. Certification will not be considered without submission
of this narrative.
S. "Offeror" means any person, firm, corporation, or partnership
which submits a bid or proposal to provide labor, goods or
services to the City where City funds are expended.
DECLARATION OF POLICY
It is in the best interest of the City to promote the equitable
Utilization of DBE firms in City contracting in order to eradicate the
lingering effects of Past discrimination and to prevent the City' s own
spending decisions from reinforcing and perpetuating the exclusionary
effects of past discrimination; while at the same time maintaining a high
quality of goods and services provided to the City through competitive
bidding as required by law. Therefore, it is the policy of the City of
Fort Worth to ensure the full
and equitable participation by DBE firms *
in the provision of all goods and services to the City on a
contractual basis. The objective of the Policy is to increase the use
of DBE firms to a level comparable to the availability of DBE firms
which are capable of providing goods and services directly or indirectly
to the City. Upon request, the City will assist DBEs by providing them
with information on bid specifications, compliance with procurement
Policy and fulfillment of general bid requirements. In addition, the
City will provide information on job performance requirements,
procurement opportunities and prerequisites for bidding on City
contracts.
The City will encourage Joint ventures between DBEs, as well
as between majority firms and DBE firms on City procurement activities.
The City will 'use its best efforts to insure that DBEs are informed of
current and future procurement activities
through direct contact,
coordination with assistance organizations and placing certified DBEs on
the City' s bid list.
�LFTIL RECORD
IT, d-I.-CNEARY
TEX.
—CITY OF FORT WORTH
POLICY PROPOSAL (cont d) PAGE_4_OF__a_
CITY-WIDE GOALS
Based on the availability of DBE firms, the initial City-wide goal for
the total dollar value of City procurement activities will be fifteen
percent ( 15%) . Based on the growth rate and expanded capabilities
studies available in the metroplex, over the next five years the City' s
goal is to achieve a DBE participation level of twenty percent (20%) of
the total dollar value of City procurement.
a. The DBE Office, City Manager and affected Department Heads
will meet periodically and review the anticipated procurement
opportunities for the fiscal year for the purpose of achieving
the City' s overall DBE goal as established by the City
Council . Based upon the availability of DBEs, separate goals
will be established by the City Manager and assigned to the
areas of construction, professional services, and purchases.
b. The above goals will generally apply to all City procurements,
particularly where the expenditure of City funds is estimated
to be $25, 000 or more. Procurement opportunities may be
reviewed on an individual basis for the purpose of establish-
ing higher or lower goals based on the availability of DBEs.
c. The City Manager will be responsible for managing the effec-
tiveness of the Policy and, on at least an annual basis,
report the City' s performance to the City Council and if
necessary, recommend new City-wide goals to be approved by
the City Council .
d. The DBE Policy will remain in effect for five (5) years from
the date of approval Of this Policy, at which time the City
Council will conduct a review to determine whether the City
has achieved its five year goal of twenty percent (20%) DBE
participation. Ifthat .level of DBE participation has been
achieved, the DBE Policy will no longer be in effect. If the
five year goal of twenty percent (20%) has not been achieved,
the City Council will have the option to continue the Policy.
IMPLEMENTATION OF POLICY
In order to comply with the new standards established by the Supreme
Court, and have an effective City-wide DBE program, it Is recommended
that the City Council approve a Policy that permits the inclusion of DBE
requirements in City procurement activities. It is further recommended
that the City Council set overall goals for DBE participation in such
procurement act.Ivities. Therefore, the following Policy is proposed.
1. Approve a remedial program to prevent the City from once again
becoming a passive participant in systematically excluding-'!--DREt:"-'-fri.om
participating in City procurement activities.
6
—CITY OF FORT WORTH a V�N, rax 1T
POLICY PROPOSAL (cont'd) PAGE 5 OF 8
2. Establish individual goals in relationship to the particular
procurement activity based on the availability of DBEs to perform the
activity required.
3. Review, eliminate or redesign internal systems that prohibit,
discriminate or restrict not only DBE firms but other businesses
from conducting business with the City.
4. Participate in a metroplex local governmental fact finding study
to provide additional findings of past and present areas of
difficulty, including but not limited to bonding, financing, private
and public market access, that prohibit DBEs from reaching their full
capabilities. The study will analyze anecdotal and statistical in-
formation to determine whether discrimination occurred within and
without and if it still exists.
5. WAIVER PROCEDURES:
The affected Department shall send a written request to the DBE Office
requesting a waiver for any applicable contract prior to advertisement
and bid. DBE requirements may be waived only upon written approval of
the DBE Office.
The affected Department shall determine whether the contract is one in
which DBE provisions should not be applied. These provisions are not
required to be applied in the following circumstances :
a. a public or administrative emergency exits which re-
quires the goods or services to be provided with unusual
immediacy; or
b. the application of DBE provisions would impose an
unwarranted economic burden or risk on the City or unduly
delay acquisition of the goods or services, or would
otherwise not be in the best interest of the City; or
c. if, based on DBE availability, participation would be
negligible.
If the affected department determines that one of the above conditions
exists, the department shall notify the DBE Office in writing, stating
the specific reasons that the waiver is requested.
6. AWARD PROCEDURES: .
I�
C A DBE Policr .statement shall be included in the specifications of all
eligible projects. The City will consider the Offeror' s responsiveness
to the DBE Policy in the evaluation of bids and proposals. Failure to
comply with the City' s DBE Policy or failure to demonstrate a "Good
Faith Effort" to comply, shall result in a bid or p-r-apas.a.i--b e•inlg
U:w
q
CITY OF FORT WORTH 'F T",I i
POLICY PROPOSAL (c®nt'd) PAGE 6 OF 8
considered non-responsive to specifications. The lowest responsible
Offeror meeting the specifications, inclusive of DBE compliance,`-will be
awarded the project.
7. DEBARMENT PROCEDURES:
The misrepresentation of facts by an Offeror may result in the
Offeror being determined to be an irresponsible Offeror and barred from
participating in City work for a period of time, such time to be
determined on a case-by-case basis.
a. The DBE Office will send a written statement of facts and
a recommendation for debarment to the City Manager. The
City Manager, after consultation, with the Department of Law,
will make the decision regarding debarment and send
a certified notice to the Offeror.
b. An Offeror that receives notification of debarment may
appeal to an Appeal Board, hereinafter created, by giving
written notice within ten (10) days from the date of
receipt of the debarment notice, to the City Manager of its
request for appeal .
C. An Appeal Board, consisting of not less than three members
appointed by the. City Manager with the approval of the
City Council , will meet within thirty (30) days from the
date
of
receipt t
of the
P request for appeal of debarment,
unless Offeror requests. an extension of time. The Offeror
will be notified of the meeting time and location.
d. The Offeror will be afforded an opportunity to appear with
Counsel if they desire, submit documentary evidence, and
confront any person the City presents.
e. From the date of notification of debarment and during the
pendency of any appeal , the City will not consider offers
from, award contracts to, renew or otherwise extend
contracts with, or contract directly or indirectly through
subcontracts with the Offeror pending the Appeal Board' s
decision.
f*. The Appeal Board will render its decision within thirty
(30) days or sooner of the hearing and send a certified
notice to the Offeror.
g. If the - Appeal Board upholds the original debarment, the
Offeror may appeal to the City Council within ten (10)
days from the --date of receipt of the Appeal Board' s
P�.a rya
i decision by giving written notice to the City �HORS �
rr
CITY OF FORT WORTH
tl+ik r�
POLICY PROPOSAL (cont'd) PAGE LOFT_
The appeal will be placed on the City Council agenda
within thirty (30) days from receipt of written notice,
unless Offeror requests an extension of time.
DISADVANTAGED BUSINESS ENTERPRISE OFFICE
The City' s Disadvantaged Business Enterprise (DBE) Office will
be responsible for monitoring the program, and tracking statistical
data. Each affected department will appoint a liaison to assure
compliance with City-wide goals and to coordinate with the DBE Office.
The DBE Office will also be charged with, but not limited to, the
following duties :
a. Establish procedures for the implementation of the Policy,
such procedures to be narrowly tailored to attain the objec-
tives specified herein without unduly limiting non-DBE
businesses. Such procedures shall be reviewed and a roved
Ili
PP
by the City Manager and by the Department of Law prior to
j implementation;
b. Certify businesses as DBEs, maintaining and distributing a
list of those businesses to the affected City departments. A
list of such businesses will also be provided to Offerors
upon request.
C. Develop educational programs to assist DBEs to compete effec-
tively for City contracts ;
d. Make recommendations to the City Manager and other City
departments to further the objectives of the Policy;
e. Review documentation required to be submitted by offerors for
compliance with the Policy;
f. Compile a monthly report reflecting the progress in
attaining the City-wide goals.
g. Receive and review complaints and recommendations regarding
the implementation of the DBE Policy from any source.
h. Audit compliance to the DBE Policy on eligible projects after
award, during the performance thereof, and after completion.
The DBE Office will make recommendations to the City Manager
on any irregularities or misrepresentation of facts as they
relate to compliance with the Policy.
i. Perform such other duties assigned by the City Manager to
carry forth the implementation of the Policy.
ur rr "� r Equ
I
i
CITY OF FORT WORTH � ° �`'i� TEX'.
r `
POLICY PROPOSAL (c®nt'd) PAGE�OF�_
LEGALITY•
The City Attorney has reviewed the proposed policy and there are no known
legal impediments that would prohibit or limit the implementation of such
a policy.
FISCAL NOTE:
Funds may be needed to participate in a metroplex study that will
provide the data required by law.
CITY MANAGER' S COMMENTS:
The City Manager concurs with this policy proposal and will assign
responsibility for implementation and monitoring' to the Disadvantaged
Business Enterprise Office.
Mayor Bob Bo-Ten
District 1
uncil Louis Z, pla to Mayor Pro em Garey W. G$ 1 ey
Distric 2 Distr 6
ncilman Wil am Garrison Counc (woman Virginia Webber
District 3 District 8
Y
nc 1. oma a Gr er
� Y Co ncilman Da i Chappell
Distict District 9
PPROVE�J 3
Counci an Eugene McCray
vITY ��UU�1�;t-
Distri 5
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Secresary or the
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