HomeMy WebLinkAboutContract 31956-R2 CITY SECRETARY ACT NO.
SECOND 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;
WHEREAS, the parties previously renewed and extended the Agreement for the
period from June 1, 2009 through May 31, 2010; 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
second 12-month renewal period.
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 second renewal term of this Agreement shall begin on the I" day of,Lune
2010 and terminate on the 31" day of May 2011.
2. Section 17, is hereby amended to add the following: OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Excess/Umbrella Liability coverage: $5,000,000 limit
3. Section 18, is deleted in its entirety and replaced by the following:
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. The policy shall specifically state that
coverage includes pyrotechnics. No pyrotechnic display shall occur unless
approved by authority of the Fort Worth Fire Department.
4. 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
multip s in Fort Worth, Tarrant County, Texas, this aG*-� day of
2009.
CITY OF FORT WORTH FORT WORTH SYMPHONY
ORCHESTRA
By: By:
Charles W. Daniels Ann Koonsm
Assistant City Manager President
ATTEST:
City Secretar
AP13ROVI-D TO FO AND LF,GALITY
As stant Cit ttornev
M&C C-20 59
OFFICIAL RECORD
CITY SECRETARY
'- FT WORTH, TX
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Official site of the City of Foot Worth,Texas
CITY COUNCIL AGENDA FURT�T�I
COUNCIL ACTION: Approved on 5/4/2004
DATE: 5/4/2004 REFERENCE NO.: ""C-20059 LOG NAME: 80FWSOA
CODE: C TYPE: CONSENT PUBLIC 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
Assocation (FWSOA), for Concerts in the Garden (CITG); and
2. The agreement term of five years (2004 through 2008), with two additional one-year options
(2009 and 2010).
DISCUSSION:
On June 8, 1999 (M&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 Fort Worth Botanic Garden for
the purpose of conducting the Concerts in the Garden (CITG) series of performances by the FWSOA
and other artists. The agreement term was for five years (1999 through 2003), 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 Worth. 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 Worth Botanic Garden during the five years of 2004 through 2008, with two additional one-year
options (2009 and 2010);
2 To enable public rental of the Botanic Garden Center (11GC) on CITG concert days, the FWSOA
will no longer rent the BGC on concert days, except for mutually agreed upon dates. For the 2004
CITG only, FWSOA will reserve 11 dates of June 4, 5, 11, 12, 18, 19, 25, 26, July 2, 3, 4, 2004, at the
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rate of$900 per date for a total of$9,900. FWSOA agrees that the City of Fort Worth may accept
rentals of the BGC on all of the dates except July 2, 3, and 4, 2004;
3. To accommodate public use of the BGC 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 BGC 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 indemnification 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 INFORMATION/CERTIFICATION:
The Finance Director certifies that execution of the contract will have no material effect on City funds
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TO-Fund/Account/Centers FROM_Fund/A_c_co_u_nt/Centers
Submitted for City_Mana�c er's_Office by: Libby Watson (6183)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: Sandra Youngblood (5755)
ATTACHMENTS
http://apps.cfwnet.org/council_packet/mc_review.asp?1D=2103&councildate=5/4/2004 11/10/2009