HomeMy WebLinkAboutContract 31956-01 i Y SECRETARY
TRACT NO, 3-19a=D I
FIRST RENEWAL OF CITY SECRETARY CONTRACT NUMBER 31956
LICENSE AGREEMENT
WITH
FORT WORTH SYMPHONY ORCHESTRA
STATE OF TEXAS §
COUNTY OF TARRANT §
WHEREAS, the Fort Worth City Council approved M&C C-20059, authorizing
execution of a contract to allow use of a portion of the Fort Worth Botanic Garden for
purposes of staging Concerts in the Garden; and
WHEREAS, on June 21, 2005, the City of Fort Worth and the Fort Worth
Symphony Orchestra entered into a license agreement, the same being City Secretary
Contract Number 31956 ("Agreement"); and
WHEREAS, said Agreement calls for the City to provide space at the Botanic
Garden for the Fort Worth Symphony Orchestra to conduct the "Concerts in the Garden"
series of performances; and
WHEREAS, the Agreement provides for a primary term from June 1, 2004
through May 31, 2009 and includes the possibility of two, 12-month renewals; and
WHEREAS, the City of Fort Worth and the Fort Worth Symphony Orchestra
wish to continue in their relationship and renew and extend said Agreement for the first
12-month renewal period under the same terms and conditions.
NOW, THEREFORE, the City of Fort Worth and the Fort Worth Symphony
Orchestra agree to renew and extend the Agreement as follows:
1. Section 3, "TERM", is hereby amended to add the following:
The first renewal term of this Agreement shall begin on the Pt day of June
2009 and terminate on the 3 l' day of May 2010,
2. Section 17.1 is hereby amended to add the following-
Excess/umbrella Liability coverage: S5,000,000 limit
9 rnni!%- a
mn
I Section IS. is deleted and replaced by the followinl-
FWSOA shall obtain and provide City proof of insurance for firing pyrotechnic
devices from the contracted operator of those devices. FWSOA and the City shall
be named as Additional Insureds by endorsement on the contracted operator's
liability policy. Coverage shall specifically state that coverage includes
pyrotechnics. Pyrotechnic displays shall be approved by authority of the Fort
Worth Fire Department.
2. All other terms and provisions of the original Agreement between the City of
Fort Worth and the Fort Worth Symphony Orchestra shall remain in full force
and effect except as specifically amended herein.
IN WITNESS WHEREOF, the parties hereto have executed this agreement in
multi les in Fort Worth, Tarrant County, Texas, this day of
2009.
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CITY OF FORT WORTH FORT WORTH SYMPHONY
ORCHESTRA
By:� By:
(Q�arles W. Daniels Ann Koonsma
Assistant City Manager President
ATTEST:
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X/L (lity Secretary I
AP7VED 0 FOR"--l\'D LEGALITY
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M&C C-20050'
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COUNCIL ACTION: Approved on 514/2004
DATE: 514/2004 REFERENCE NO.: #*C-20059 LOG NAME: 80FWSOA
CODE; C PE: CONSENT € UBLIC HEARING: NO
SUBJECT: Contract with Fort Worth Symphony Orchestra Association for Concerts in the Garden
RECOMMENDATION,:
It is recommended that the City Council:
1. Authorize the City Manager to execute a contract with the Fort Worth Symphony Orchestra
Assoc tion (FWSOA), for Concerts in the Carden (CITG), and
2. The agreement terra of five years (2004 through 2005), with two additional one-year options
(2009 and 2010),
DISCUSSION:
On June 8, 1999 ( I&C C-17459), the City Council authorized the City Manager to execute a contract
with FWSOA to permit them to have the use of certain portions of the Fart Worth Botanic Carden for
the purpose of conducting the Concerts in the Garden (CITG) series of performances by the FWSOA
and other artists. The agreement terra was for five years (1999 through 2090; with two additional
one-year options (2004 and 2005).
The FWSOA submitted a request earlier this year for a new contract to govern the next five
years, Mutually agreeable terms were developed to the satisfaction of all parties involved, including
FWSOA, Botanic Garden Support Groups and the City of Fort North. Special considerations were
made for the 2004 CITG season due to the late date for finalizing the contract negotiations.
Terms of the contract include the following.
1. Term of the agreement shall extend to and include concerts presented by the FWSOA at the
Fort forth Botanic Garden during the five years of 2004 through 2005, with two additional one-year
options (2009 and 2010);
2, To enable public rental of the Botanic 31arden Center(BGCI on CITG cone i days, the F%IVSOA
will no longer rent the BGC on concert days, except for mutually agreed upon dates- For the 2004
TG only, FWSOA will reserve 11 dates of June 4, 5, 11, 12, 18, 19, 25, 26, July 2. 3, 4, 2004, at the
rate of$900 per date for a total of$9,900. F1VVS0A agrees that the City of Fort "Nom may accept
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M&C Review Page 2 of 3
rentals of the BCC on all of the dates except July 2, 3, and 4, 2004;
3, To accommodate public use of the B and adjacent parking, the FWSOA will adjust parking
operations accordingly, On July 2, 3 and 4, 2004, however, and on dates thereafter for which
FWSOA makes a specific date reservation, and is correspondingly obligated to pay $900 for each
date so reserved, FWSOA will have exclusive access to all public parking spaces in the lot adjacent
to and east of the BCC and FWSOA, at its sole option, may offer sales of parking passes for this lot
in advance of the concert date;
4. The FWSOA will cooperate with the Botanical Society to facilitate the rental of the Japanese
Garden for weddings and other functions on CITG concert day,
5, The FWSOA will pay to the Botanical Society a reservation fee of$1380 for each 2004 concert
date and $1,500 for each concert date thereafter-,
6, Half of reservation fee will be paid on or before the date of the first performance with the balance
reservation fee due within 30 days of the final CITG season performance;
7. FWSOA will pay to the Botanical Society one percent of the gross value of all CITG tickets sold
excluding the sale of parking for locations other than the Botanic Garden;
8, The Botanical Society will retain management of the food and beverage. However, if an outside
vendor is used, FWSOA and the Botanical Society will jointly review proposals from potential food
and beverage vendors. There will also be a mutually agreed upon revenue sharing from food and
beverage gross sales upon completion of negotiation with the vendor; and
9. All other conditions will also be included in the contract, consistent with the current contract,
including indemnifi cation and insurance,
The Parks and Community Services Advisory Board endorsed this recommendation at their April 20,
2004 Board meeting,
This project is located in COUNCIL DISTRICT 7, Mapsco 76E
FISCAL INFO RMAIIONICERTIFICATION:
The Finance Director certifies that execution of the contra&,will have no material effect on City funds
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