HomeMy WebLinkAboutContract 28397-R2 CITY SECRETR �
CONTRACT NO.
SECOND RENEWAL OF CITY SECRETARY CONTRACT NO. 28397
FOR
MAINTENANCE, LANDSCAPING AND OPERATIONS
SERVICES IN BURNETT PARK
STATE OF TEXAS §
KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF TARRANT §
This Second Re wal of ity Secretary Contract No. 28397 ("Renewal") is made and
entered into this the ay of , 2010, by and between the City of Fort Worth,
a home-rule municipal corporation o the State of Texas (the "City"), and Downtown Fort
Worth Initiatives, Inc., a Texas nonprofit corporation with its principal place of business in
Tarrant County, Texas ("DFWII" or"Contractor").
WHEREAS, on November 12, 2002, the Fort Worth City Council City approved M&C
C-19348, which authorized execution of an agreement with DFWII for management and
maintenance of Burnett Park ("Park") with an initial two-year term and two optional five-year
renewal periods; and
WHEREAS, on February 18, 2003, the City and DFWII entered into an agreement for
maintenance and landscaping services for Burnett Park, the same being City Secretary Contract
No. 28397 (the"Contract"); and
WHEREAS, the Contract included an initial term from November 12, 2002, through
September 30, 2004 and provided for two five(5)year renewal options; and
WHEREAS, the parties entered into an agreement for the first renewal period, the same
being City Secretary Contract No. 31254; and
WHEREAS, the first renewal period expires September 30, 2009; and
WHEREAS, the parties wish to continue this relationship and renew and extend the
Contract for the second renewal period.
NOW, THEREFORE, the City and DFWII agree to renew and extend the Contract for the
second renewal term as follows:
1. That City Secretary Contract No. 28397 is hereby amended to revise Section I,
"Engagement of Contractor,"to add the following:
The Second Renewal Period of this Agreement shall commence on October 1, 2009 and
shall expire on September 30, 2014.
The remainder of Section I, "Engagement of Contractor," of City Secretary Contract No. 28397
shall remain in full force and effect.
!Fi
"1AL RECORD
Second Renewal of CSC 28397 f 5
,i CRETARY
WORTH,TX
2. That City Secretary Contract No. 28397 is hereby amended to revise Section III, "The
City's Duties and Responsibilities," by deleting Paragraph B in its entirety and by revising
Paragraph F as follows:
B. DELETED
F. The City shall conduct inspections at a minimum on a quarterly basis to ensure
compliance with this contract. In addition, the City shall conduct inspections of
the playground equipment installed in the Park on a monthly basis to ensure this
equipment meets applicable safety standards. Additional, unscheduled
inspections can occur at the City's discretion. Notification shall be made to the
Contractor in a timely manner of any deficiencies noted.
The remainder of Section III, "The City's Duties and Responsibilities," of City Secretary
Contract No. 28397 shall remain in full force and effect.
3. That City Secretary Contract No. 28397 is hereby amended to revise Attachment B,
"Scope of Services by Contractor," by deleting Subparagraph in of Paragraph A, "Park
Management Program," in its entirety and replacing it with a new Subparagraph in to read as
follows:
A. Park Management Program
in. Responsibility for the reservation of the Park and ensuring that all City policies
and procedures are adhered to as required in Attachment II including receipt of
damage deposit. All revenues received from events at the Park shall be retained
by DFWII to be used for the maintenance and development of the Park.
i. DFWII shall submit to the City revenue statements after each event.
ii. DFWII shall provide to the City documentation of maintenance
expenditures on a quarterly basis on Attachment I.
iii. DFWII shall submit to the City an annual Single Audit in compliance with
OMB Circulars A-122, "Cost Principles for Non-Profit Organizations",
and A-133, "Audits of States, Local Governments, and Non-Profit
Organizations", as appropriate.
iv. The audit must be prepared by an independent certified public accountant,
be completed within nine months following the end of the period being
audited and be submitted to City within 30 days of its completion.
Second Renewal of CSC 28397 Page 2 of 5
v. If DWII is not subject to the Single Audit as referenced in m(iv) of this
section, DFWII shall provide City with a copy of other financial audits or
audited financial statements prepared annually during the contract term,
accounting for the revenue and expenditures authorized under this
contract.
vi. The City reserves the right to perform an audit of Contractor's agency
operations and finances at any time during the term of this Contract, if
City determines that such audit is necessary.
vii. DFWII agrees to return to the City any funds from events or advances
remaining on hand at the termination of the Contract.
The remainder of Attachment B, "Scope of Services by Contractor," of City Secretary Contract
No. 28937 shall remain in full force and effect.
4. All other terms and conditions of City Secretary Contract No. 28397 not amended herein
remain unaffected and in full force and effect throughout the Second Renewal Period, are
binding upon the parties, and are hereby ratified by the parties.
[SIGNATURES APPEAR ON NEXT PAGE]
Second Renewal of CSC 28397 Page 3 of 5
IN WITNESS WHEREOF, the parties hereto have executed three duplicate origina hof
this Sec nd Renewof City Secretary Contract No. 28397 in Fort Worth, Texas, this �J
day of , 2010.
CITY OF FORT WORTH DOWNTOWN FORT WORTH
INITIATIVES, INC.
By: By:
es W. Daniels
rew M. Taft
Assistant City Manager President
APPROVED AS TO FORM
AND LEGALITY:
AssiS4 City Ad
M&C C-19348
ATTEST:
Avo "000000c)
a.a►0 00 0d
a
Marty Hendrix woo e° r�
City Secretary a� °� o° *r,XY
4 000
OFFICIAL RECORD
CITYg�SgECRETARY
Second Renewal of CSC 28397 �-Y1��fi�TH� TX
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day
personally appeared Charles W. Daniels, Assistant City Manager for the City of Fort Worth,
known to me to be the person and officer whose name is subscribed to the foregoing instrument
and acknowledged to me that the same was the act of the said City of Fort Worth and that he
executed the same as the act and deed of the City of Fort Worth, a municipal corporation of the
State of Texas, for the purposes and consideration therein expressed, and in the capacity therein
stated.
Subscribed to and sworn before me this day of 52010.
NOTARY PUBLIC, STATE OF TEXAS
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day
personally appeared Andrew M. Taft, President of Downtown Fort Worth Initiatives, Inc.,
known to me to be the person and officer whose name is subscribed to the foregoing instrument
and acknowledged to me that the same was the act of the said Downtown Fort Worth Initiatives,
Inc., and that he executed the same as the act and deed of Downtown Fort Worth Initiatives, Inc.,
a Texas Nonprofit Corporation, for the purposes and consideration therein expressed, and in the
capacity therein stated.
Subscribed to and sworn before me this day of�'`� � , 2010.
4-
�ij1 w.' —
NOTARY PUBLIC, STATE OF TEXAS
< =ROBINSONONNTexasresoe
Second Renewal of CSC 28397 Page 5 of 5
Attachment I
CITY OF FORT WORTH
PARKS AND COMMUNITY SERVICES DEPARTMENT
CONTRACT COMPLIANCE SECTION
DETAIL STATEMENT OF COSTS
AGENCY CONIPACT NO DATE
TO
REPORT PERIOD
CHECK MONTHLY CUMULATIVE
COST CATEGORY NUMBER EXPENDITURES TO DATE BALANCE
PARK DEVELOPMENT
PARK MAINTENANCE
OTHER
TOTAL
Contractors Certification I certify that the costs Incurred are taken from the books of account and that such costs are valid and
consistent with the terms of the agreement
NAME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE
Page: 1
Burnett Park Rental Contract
Downtown
Fort Worth
Initiatives,Inc.
Contract#: User:
Date: Status:
Downtown Fort Worth Initiatives,Inc.hereby grants permission to use the Bumett Park
facilities as outlined,subject to the Terms and Conditions of this Rental Contract contained herein and attached hereto all of which form part of this
Rental Contract/Permit including the Burnett Park Event Planning Guide,Event Requirements and Guidelines,and Burnett Park Reservation Fees and
Deposits Schedule. The reservation does not give exclusive use of the park,other recreational facilities or equipment.
i) Purpose of Use
In the event of a conflict while at this site,please contact
ii) Conditions of Use the City of Fort Worth Police non-emergency number, (817)335-4222.
iii) Date and Times of Use #of days booked: (] to (] Expected
Attendance: [ ]
Facility Start Date Start Time End Date End Time
Burnett Park
iv)Additional Fees:
v Payment Method:
Rental Fee Extra Fees Rental Total Se urity Deposit Balance Due
Amount Due: $ $ $ $ $
Due Date:
Security Payment of[$ ]due on [ ] DFWII Signature of Payment Received
Rental Payment of[$ ]due on( ] DFWII Signature of Payment Received
Complete payment of[$ ]due before [ ] DFWII Signature of Payment Received
X: X;
Event Holder: DFWII Reservationist: Megan Henderson
Date: Date:
Company: Downtown Fort Worth Initiatives, Inc.
Address: 777 Taylor Street,Suite 100
Fort Worth,TX 76102
Phone:(817)870-1692 ATTACHMENT II
Home: Business:
After Hours:(817)966-1880
Fax: Cell:
Page:2
Burnett Park Rental Contract
Contract#: User:
Date: Status:
vi) Other Information
Prompt Answer
Open to the Public? YES / NO
Advertising? YES / NO
Amplified Music? YES / NO
Charge Fees? YES / NO
Serving Public Food/Drinks? YES / NO
Sell/Serve Alcohol? YES / NO
Electricity Needed? YES / NO
Street Closure?
Non-potable Water Needed?
Providing Restroom? YES / NO
Festival Equipment? YES / NO
YES / NO
YES / NO
shall covenant,promise and agree to hold Downtown Fort Worth Initiatives,Inc.and the City of Fort Worth
harmless and indemnify it against any and all suits,damages,claims,causes and/or actions that may arise out of the use of the property.Downtown Fort
Worth Initiatives,Inc.,by signing the Rental Contract/Permit has agreed to comply with all federal,state and local laws,including ordinances of the City of
Fort Worth,and rules,regulations,and requirements of the Parks and Community Services,Health,Police and Fire Departments.
has read and understood the rules and regulations and agrees to abide by all,assuming financial
responsibility for any damages to the facility and/or equipment. understands and agrees that other
persons or events may take place on or around the premises and by renting the above space,does not have control or use of the entire premises.If the City
of Fort Worth or Downtown Fort Worth Initiatives,Inc.cancels the event, may be entitled to a partial
refund of monies paid to Downtown Fort Worth Initiatives, Inc.Downtown Fort Worth Initiatives,Inc.will not be responsible for any rentals or deposits paid to
other entities.Any violation may result in the immediate termination of the Rental Contract and/or forfeiture or rental fees and user not being permitted to
use any City of Fort Worth or Downtown Fort Worth Initiatives,Inc.facilities in the future.
X:
(Printed) Event Holder: X: ✓II Reservationist: Megan Henderson
Date: Date:
ATTACHMENT 11
Burnett Park
Event Planning Guide
Thank you for choosing Burnett Park for your event, hereinafter referred to as"Event". Below are
guidelines to ensure the safety and success of your Event. It is your responsibility to read this document
in its entirety—you will be responsible for all information, policies, rules and regulations contained
herein.
Downtown Fort Worth Initiatives, Inc. ("DFWII' has a contract with the City of Fort Worth to manage
Burnett Park("Park'). Fees are collected by DFWII and any revenues received from Events held on the
grounds will be used to operate, maintain, and improve the Park. Deposits received are used, if
necessary, to help return the Park to its original state prior to the rental and to offset financial loss in the
case of a canceled Event.
In consultation with the City of Fort Worth, DFWII reserves the right to make changes to its deposits,
fees, rules, and regulations at any time for the safe and orderly operation of Park grounds and facilities.
DFWII reserves the right to exclude any group or individual deemed to be threatening to, or a risk to,
Burnett Park property or the interests of civil order and peaceable enjoyment of the Park surrounding
buildings, streets and sidewalks. Groups or individuals shall be given equal opportunity to use the Park
regardless of race, age, gender, religion, color, national origin, sexual orientation, or disability.
If at any time you have a concern or question, we encourage you to discuss it with the Downtown Fort
Worth Initiatives, Inc. staff.
Application Process
To hold an Event in the Park, you must submit a complete a completed application to DFWII with
adequate time for review in order to facilitate the necessary permits, fees and notifications.
Applications must be submitted as follows:
Level A 14 days prior to the Event
Level B 45 days prior to the Event
Level C 90 days prior to the Event
The application should be filled out in its entirety, and should include as much detail as possible about
the nature of your Event in order for DFWII to evaluate appropriateness.
DFWII will review your application and contact you with any questions and to schedule an on-site
walkthrough, if needed. Applications will be approved or denied within 10 (ten) business days of receipt
of completed application forms and documents.
Email or send your application and any supplementary materials to: Megan Henderson
Marketing Manager
Downtown Fort Worth Initiatives, Inc.
777 Taylor Street, Suite 100
Fort Worth, TX 76107
T: 817-870-1692
F: 817-335-3113
megan@dfwi.org
ATTACHMENT 11
BURNETT PARK RESERVATION
APPLICATION Downtown
Fort Worth
Initiatives,Inc.
Event Date(s):
Time of Reservation: From: a.m. / p.m. Until: a.m. / p.m.
Minimum of 4 hours required.
Time of event: From: a.m. / p.m. Until: a.m. / p.m.
Type of event planned:
For events larger than 200 people please attach a detailed description with purpose of the event.
Anticipated Attendance:
Organizations complete section 1. Individuals only complete section 2.
Section 1•
Organization:
❑ Non-Profit (Must Supply a copy of their 5010) ❑ For-Profit
Primary Contact: Title:
Address:
City: State: Zip: County
Business Phone #: Fax #: Email:
On-Site Cell Phone Contact #:
Category: ❑ Business or Commercial Group ❑ Community Group ❑ Sports Group
❑ Youth Group
Section 2•
Contact Person Requesting Reservation:
Address: City: State: Zip:
County:
Home Phone #: Work Phone #: Cell Phone #:
Fax #: Email:
ATTACHMENT 11
1. Is this event open to the public? ❑ YES ❑ NO
2. Will you advertise this event? ❑ YES ❑ NO
3. Will there be amplified music? ❑ YES ❑ NO
If yes, please list hours of amplified music. a.m. /p.m. until a.m. /p.m.
4. Do you or any other party plan to collect any money on City property? ❑ YES ❑ NO
5. Do you plan to sell or give concessions to the ❑ NO ❑ GIVE ❑ SELL
general public? (Soft drinks, water, merchandise, food, etc.)
6. Do you plan to sell or serve beer/alcohol? ❑ NO ❑ SERVE ❑ SELL
7. Will your event require the use of Burnett Park electricity? ❑ YES ❑ NO
8. Will your event require a street closure? (yes, if using a generator) ❑ YES ❑ NO
9. Will your event require Burnett Park water facilities? (non potable) ❑ YES ❑ NO
10. Burnett Park has no restroom facilities, will you provide restrooms? ❑ YES ❑ NO
11. Will festival equipment be used? ❑ YES ❑ NO
Festival equipment—stages, tents, moonwalks, bounce houses, dunking booths, etc.
12. Will your event require a caterer? ❑ YES ❑ NO
I have read and understand the rules and regulations on the attached document Burnett Park
Event Requirements and Guidelines governing facility use, and agree to abide by all rules
and assume financial responsibility for any damages to the facility and/or equipment. By
signing below I understand that the information provided on this application will be used to
form the basis of approval or denial by Downtown Fort Worth Initiatives, Inc. for my event in
Burnett Park.
Applicant's Signature:
Printed Name:
Date:
Below table for DFWII use ONLY
Application should be returned to: Application Status:
Downtown Fort Worth Initiatives, Inc.
c/o Megan Henderson
777 Taylor Street, Suite 100
Fort Worth,Texas 76102
DFWII Reservationist
Signature: Date:
ATTACHMENT 11
Event Requirements and Guidelines
DFWII has the right to waive requirements.
Fees: See Exhibit I - Burnett Park Fees and Event Revenues
All Reservation Fees must be received by DFWII no less than 10 (ten) business days prior to
your event.
Security Deposit: A Security Deposit may be required based on the nature of your Event. The
Security Deposit must be received by DFWII no more than 10 (ten) business days after your
Event application has been approved. The Security Deposit will be used to bring the Park back into
the same condition as when the Park was utilized by the Event Holder. We will work with you to assess
the condition of the Park both before and after your Event. DFWII will determine what amount of the
security deposit is refundable, if any, based on the condition of the park.
Note: All Event Holders are responsible for any damages or injuries related to use of the facility.
Individuals scheduling Events are responsible for damages related to any of the Park amenities. If
necessary, a list of damages will be submitted and the Event Holder will be subject to payment for
damages as required by the rental contract.
Cancellation Refunds:
Security Deposit
30 BUSINESS DAYS OR MORE PRIOR TO EVENT..........................................Refund 25% of security deposit
LESS THAN 30 BUSINESS DAYS PRIOR TO EVENT........................................NO REFUND of security deposit
Reservation Fee
10 BUSINESS DAYS OR MORE PRIOR TO EVENT....................................Refund 75% of site reservation fee
LESS THAN 10 BUSINESS DAYS PRIOR TO EVENT..................................Refund 50% of site reservation fee
CANCELLED DUE TO INCLEMENT WEATHER...................Reschedule or Refund 75% of site reservation fee
Late Fees: Your event reservation may be subject to late fees. Please see Exhibit I - Burnett Park Fees
and Event Revenues for all details pertaining to late fees.
Advertising and Marketing: DFWII must approve all marketing and advertising materials for the
Event before documents become public. The Event Holder must provide our office with any and all forms
of advertising (newspaper, flyers, internet, etc.). If the Event has been held in the past previous
marketing and advertising materials should be submitted with the application.
Alcohol: If the Event Holder is selling alcoholic beverages, the Event Holder must submit as a part of its
application the name of the specific Texas Alcoholic Beverage Commission (TABC) permit holder, if not
the Event Holder, and must disclose the permit holder's relationship to the Event Holder, including
compensation and insurance arrangements. Event Holder must submit a complete alcoholic beverage
management plan to include number of servers, whether they will be volunteers or paid staff, have
appropriate TIPS training and have all applicable food handler permits. Event Holder must also submit a
specific plan on how to prevent consumption of alcohol by minors, which must include details regarding
signs and method of checking age at all points of sale. All information pertaining to the sale of alcoholic
ATTACHMENT 11
beverages must be included as a part of your application process, and approved in writing by DFWII.
Permits for dispensing alcoholic beverages shall be obtained from the TABC (817) 451-9466 at least 10
days prior to the Event. Glassware is not to be used in the Park, and all products in glass bottles must be
poured into plastic cups prior to sale or delivery to the consumer.
Chairs and Tables: The chairs and tables in the Park are for public use. If your Event requires tables
and chairs please see Exhibit IV - Recommended Vendor List.
Decorations: All decorations must be freestanding and not attached to any part of the Park in any
manner. Event Holder shall not be permitted to nail, tack, tape, screw, stake or otherwise physically
attach materials to any part of the Park site. No paint or sprays may be used in the Park. Candles,
torches, hurricane lanterns or any other open flame may not be used. Battery operated candles are
permissible. Birdseed, rice, and confetti are prohibited in Burnett Park. There can be NO STAKING OF
ANY KIND in the Park.
Electric: There are two, 100-amp service panels in the Park. One, 100-amp panel is located at the far
west end of the Great Lawn area and the second 100-amp panel is located at the east end of the Great
Lawn area in the vault. If you wish to use these service panels, you must utilize one of our
recommended electricians to connect your method of distribution to the service panels. Event Holder is
responsible for providing all electrical distribution equipment. There are also several 20-amp outlets
noted on the map, as well as one 220v 30-amp service at the west end. If the Event requires a
generator, the generator must be set on 101h Street and an appropriate Lane Closure permit obtained
from T/PW in order to place the generator. Events expecting more than 500 people in attendance may
be required to obtain a meter to monitor electric usage and pay additional fees. See Exhibit IV -
Recommended Vendor List.
Note: Event Holder must contact the Development Dept., (817) 392-7830 to schedule an inspection of
all electrical systems.
Equipment: Please review list of recommended vendors for equipment rental. DFWII will need a list of
all your equipment needs for the Park including tents, sound, stage, lighting, etc. See Exhibit IV-
Recommended Vendor List
Flags: The Park can accommodate flags around the Park perimeter. Contact DFWII for details
concerning flag production, installation, and fees if interested in this service. See Exhibit IV -
Recommended Vendor List
Food: If your Event requires catering see Exhibit IV - Recommended Vendor List. A caterer or food
vendor must have current liability insurance, health certificates and state licenses, and provide Product
Liability insurance certificates as per the Insurance section below. It is the Event Holder's responsibility
to make all arrangements with the caterer or food vendors, and to ensure that each fulfills their
responsibilities. Glassware is not allowed in the Park. All products in glass bottles must be poured into
plastic cups prior to sale or delivery to the consumer. Grease, wastewater and all byproducts must be
removed from Park for proper disposal.
ATTACHMENT 11
Garden/Grounds: The Park elements including the lawn, granite, trees and plantings, children's play
areas and lighting must be protected from damage during the setup, duration, and breakdown of your
Event. Granite sidewalks must be protected at all times from scarring or stains from structures or Event
activities. Any concrete weights or tent poles utilized to support the tents or other structures should have
a plywood protection between the concrete and the granite to prevent scratching or marring of the
surface. Please note the availability of the Great Lawn depends on weather conditions on the day of, or
the days preceding, the Event. If the Event Holder plans to use the Great Lawn for the Event, an
alternate plan must be in place in case the Great Lawn in unavailable due to weather or other conditions.
Under no circumstances are any products of any kind to be disposed of in the planters or on the grounds.
This includes alcohol of any kind, gray water from washing or clean-up, grease or ice. Ice is NOT to be
dumped onto the grass of the plants or the grounds, and must be taken away or the melted ice removed
as gray water. DFWII staff will work with you on a protection plan.
Glassware: Glassware is not allowed in the Park. All products in glass bottles must be poured into
plastic cups prior to sale or delivery to the consumer.
Great Lawn: The Great Lawn and Granite Sidewalks must be protected at all times. There can be NO
STAKING OF ANY KIND on the Great Lawn. Any tent or structure must be secured with weights or water
barrels only. In addition, any tent or structure needs to include a protective floor surface or covering to
protect the grass from Event-related activities. Tents erected on sidewalk need to provide protection for
granite.
Health Permits: Event holder is responsible for contacting the Consumer Health Division of Code
Compliance at (817) 392-7255 to obtain the necessary permits and information on proper dispensing
and handling procedures as stated under Model Food Ordinance #9827. A copy of the permit must be
submitted to our office. Health permits apply to any and all food or beverage service where the general
public is service in anything other than a consumer-opened product wrap, case, can or bottle.
Inspection: An inspection of the area will need to be scheduled before and after your Event. Event
holder is required to contact DFWII 2 weeks prior to the Event to schedule these meetings at
(817) 870-1692.
A Security Deposit will be required for your Event. The Deposit will be used to bring the Park back into
the same condition as when the Park was utilized by the Event Holder. We will work with you to assess
the condition of the Park both before and after your Event.
Note: All Event Holders are responsible for any damages or injuries related to use of the facility.
Individuals scheduling Events are responsible for damages related to any of the Park amenities. If
necessary, a list of damages will be submitted and the Event Holder will be subject to payment for
damages as required by the rental contract.
Insurance: Depending on the nature and/or number of anticipated attendees at your Event, the City
requires a Certificate of Insurance showing the City of Fort Worth and Downtown Fort Worth, Inc. and
Downtown Fort Worth Initiatives, Inc. as additional insured entities, and stating the location and dates of
the Event.
ATTACHMENT 11
• Commercial General Liability or Special Event Liability Policy: You may obtain this insurance and
the appropriate certificates through a private agency, or coverage may be purchased from an
insurance agency that provides a liability insurance policy with limit of$1,000,000 Combined
Single Limit to Event holders using City facilities. If you elect to use the latter, please complete
the enclosed TULIP application and mail to Hub International Rigg, 777 Main St., Suite C-50, Fort
Worth, Texas, 76102. For any questions regarding this form, you may contact Julie Wilmott at
the company at (817) 820-8220. This policy must contain Additional Insured status (Per
endorsement form CG2026 or its equivalent) for the Indemnities and include Contractual Liability
in support of the Indemnity provision in the License Agreement.
• If food is being served or sold to the public, Product Liability insurance in the amount of
$1,000,000 naming the below Indemnities as additional insured is required from any and all
vendors or caterers.
• If alcoholic beverages are being served, specific Liquor Liability insurance is required with a limit
of$1,000,000.
• If contractor, vendor or participant has employees, Workers Compensation is required. This
policy must include a Waiver of Subrogation in favor of Indemnities. If Contractor has no
employees, all vendors and contractors involved in the Event must provide Workers Comp.
• If Contractor is using vehicles on site, Contractor should have Owned, Non-Owned and Hired
Auto Liability, with the Indemnities as Additional Insured.
• Indemnities to be listed as Additional Insured are:
Downtown Fort Worth Initiatives, Inc.
Downtown Fort Worth, Inc.
Above entities at:
777 Taylor Street, Suite 100
Fort Worth, TX 76102
Phone: 817-870-1692
Fax: 817 335 3113
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
Fax: 817 392-8941
Non-profit status: If you are claiming a non-profit status, proof from the IRS must be provided.
Notification: DFWII is required to notify all affected residents, businesses, etc. of the specific plan for
your Event. Depending on the nature of your Event, the Event Holder may be responsible for any and all
costs incurred for this notification including postage, printing, and staff time if needed.
Park Closure: DFWII reserves the right to close the Park in its entirety on special occasion for private
events several times throughout the year. Collection of admission fees and/or sales must have prior
written approval of DFWII
Park Rules: Burnett Park is a public Park and must uphold all City of Fort Worth Parks and Recreation
rules, regulations and requirements and any other city ordinances and requirements of Health, Police,
Fire and Emergency Management. Event Holder must abide by all local, state, and federal rules
ATTACHMENT 11
and laws at the time of the Event, including all ordinances of the City of Fort Worth and
rules, regulations and requirements of Downtown Fort Worth Initiatives, Inc.
Parking: There is no parking affiliated with the Park. Event holder may be required to submit a Parking
Plan, which must be approved and accepted by DFWII. Public parking lots in the downtown can be
located at www.fortworthparking.com. In addition, DFWII can provide nearby private parking contact
information to Event Holders, see Exhibit IV- Recommended Vendor List. Event Holder may apply for a
lane closure on 10`h Street to facilitate load-in and management of the Event. Please see Street Closure
section below.
Performance Rights: The Event Holder must comply with the Federal Copyright Law of 1978 (17 U.S.C.
101, et seq.). This law states that you, the Event holder, are responsible for abiding by royalties,
copyrighted works, and securing permission from artists/performers for any music used during your
Event. Amplified music is prohibited by the City Ordinance between the hours of 10:30pm and 7:00am or
at any time on Sunday, provided however, that it shall be a defense to prosecution per Noise Ordinance
Sec. 23.8.
Permits: It is likely that your Event will require other permits associated with holding Events in Fort
Worth. You are responsible for obtaining all necessary permits and paying all permit fees associated with
them. Please see Exhibit II—Permits and Requirements for a list of potential required permits and
contact information.
Photography/Film/Videography: A permit is required for business and commercial photography in
the Park. There is no charge for commercial photography during a scheduled Event.
Restrooms: There are no public restrooms in the Park. The Event Holder must provide an adequate
number of restrooms, including mobility impaired accessible units, at the Event Holder's expense. Toilet
facilities shall be provided and designated for each gender at a ratio of not less than 2:1 women's to
men's. DFWII will provide site plan for location of restrooms. See Exhibit IV - Recommended Vendor List
Safety: The Event Holder must contact the City of Fort Worth Fire Department, (817) 392-6840 to
obtain any required permits. The Fire Department may require you to have EMS staff at the Event. When
it is the opinion of the Fire Code Official, it is essential for public safety in a place of assembly or any
other place where people congregate, because of the number of persons, or the nature of the
performance, exhibition display, contest or activity, the owner, agent or lessee shall employ one or more
qualified Fire Marshals, EMS, and Public Safety Plan as required and approved, to remain on duty during
the time such places are open to the public, or when such activity is being conducted, in accordance with
the most IFC (SECTIONS 403.1, 403.1.1, and 403.1.2). This includes the preparation of a complete
Emergency and Evacuation Plan in the Event of a weather incident.
Security: Event holder is required to contact Sgt. Oscar Ramirez, (817)-871-7140 with the City of
Fort Worth Police Department to determine the number of off duty officers that will be required for the
Event for security and traffic control. An Emergency Evacuation Plan will need to be designated by the
police department and approved by the DFWII. If the United States Department of Homeland Security
issues a Level Orange or Level Red Alert, the City, in its sole discretion, may close or postpone the
opening of the Park in the interest of public safety.
ATTACHMENT 11
Service Providers: DFWII will need to see a list of all service providers responsible for your Event.
Set-up/Breakdown: The Park and surrounding sidewalks should remain open to the public at all times
unless there is a danger to the public or DFWII staff has approved your Event as a Private Event. Set-up
and breakdown need to be staged from the 10th street. A Street Closure Permit, with the appropriate
barricades, is mandatory should the Event Holder need the lane for Parking of Event vehicles. Please
see the Street Closure section of this document.
Signage: Any and all Event signage or distribution materials in the Park must be reviewed and approved
by DFWII before the Event.
Site Plan: Event Holder is required to submit a site plan for DFWII review, showing the location of all
elements associated with the Event. DFWII will provide a base map that will include any restricted areas.
Any updates to the site plan must be provided prior to set-up or the last approved site map will be
referenced by Event staff for the proper placement of all Event elements. See Exhibit V— Base Map for
Site Plans
Smoking: There is a no-smoking policy during all public Events in the Park.
Sound: There is an 85 decibel sound limit in the Park from 7:OOam until 10:30pm Monday through
Saturday. Amplified sound is prohibited by the City Ordinance between the hours of 10:30pm and
7:OOam or at any time on Sunday. Event Holder may contact a recommended vendor to assist with your
sound needs. Speakers should be arranged to avoid sound spill over from the Park. A Noise Ordinance
Waiver Permit can be obtained from the City of Fort Worth Parks and Community Services Department by
contacting Eduardo Garcia at(817) 926-6214
Storage Space: There is no storage in the Park. All storage must be accommodated off-site.
Street Closures: Depending on the nature of your event, a street closure may be required. Street
closure permits can be obtained from the Transportation/Public Works Department, (817) 392-7894.
Street closures are recommended along 10th street and can be obtained along Lamar if necessary.
Tents and Canopies: Any tent or structure must be secured with weights or water barrels only. In
addition, any tent or structure needs to include a protective floor surface or covering to protect the grass
from Event-related activities. Tents erected on sidewalk need to provide protection for granite. The
Great Lawn and Granite Sidewalks must be protected at all times. There can be NO STAKING OF ANY
KIND on the Great Lawn. See Exhibit IV - Recommended Vendor List
Trash/recycling removal: No trash can be left on-site. All trash must be bagged and removed at the
end of the Event by the Event Holder or a private trash carting service. You may be assessed a fee
should the waste not be removed in a satisfactory way. Recycling is encouraged for all Events
using cans or plastic materials. See Exhibit IV - Recommended Vendor List
Vehicles: Motorized vehicles are not permitted in the Park.
ATTACHMENT 11
Water: Non-potable water sources are located on the base map. Events with an expected attendance
of more than 500 people may be required to obtain a meter to monitor water usage and pay additional
fees.
Weather: Rain dates are not guaranteed but if Event is canceled DFWII staff will work with the Event
Holder to reschedule if possible and deemed appropriate. DFWII reserves the right to restrict the use of
any/all areas of the Park during inclement weather or directly following rain to protect Park surfaces from
damage.
Wireless: Wireless service is not currently available.
ATTACHMENT 11
Exhibit I
Burnett Park Reservation Fees and Deposits Schedule
INDIVIDUAL EVENT (Non-Profit)
Fee: Each Fee: Security
4-hour Additional All Day Deposit
block Flour (Until Park Curfew)
Level A (<100) $40.00 $10.00 $80.00 $40.00
Level B 101-500 $200.00 $50.00 $400.00 $200.00
Level C (501-2,000) $500.nVV $125.00 1,000.00 500.00
JVVn
COMMERCIAL EVENT (For Profit)
Level A (<100) $80.00 $20.00 $160.00 $80.00
Level B 101-500 400.00 $100.00 $800.00 400.00
Level C (501-2,000) $1,000.00 $250.00 $2,000.00 $1,000.00d
Application Deadlines: Level A at least 14 days prior to event
Level B at least 45 days prior to event
Level C at least 90 days prior to event
1) If a Level A reservation is not submitted within the required 14 (fourteen) day notice, a wavier
/approval of the park supervisor will be required and there will be an additional $15.00 late fee.
2) If a Level B reservation is not submitted within the required 45 (forty-five) day notice a wavier
/approval of the park supervisor will be required there will be an additional $75.00 late fee.
3) If a Level C reservation is not submitted within the required 90 (ninety) day notice, a wavier/approval
of the park supervisor will be required and there will be an additional $150.00 late fee.
4) The Security Deposit must be received by DFWII no more than 10 (ten) business days
after your event application has been approved. The Security Deposit will be used to help
bring the Park back into the same condition as when the Park was utilized by the Event Holder.
DFWII will determine what amount of the security deposit is refundable, if any, based on the
condition of the park.
5) The Reservation Fee must be received by DFWII no less than 10 (ten) business days prior
to your event.
6) Additional day(s) fees for set up and break down are billed at 25% of the base reservation fee per
day.
7) When an event is more than one-day long, the cost for each additional day is 10% of the base
reservation fee.
8) The following amounts or percentages of all Event Revenues must be submitted to Downtown Fort
Worth Initiatives, Inc. within two weeks after the event:
Tax-Exempt/Non-Profit $50 or 5 percent of gross revenue, whichever is greater.
Commercial/For Profit$200 or 10 percent of gross revenue, whichever is greater.
A late fee of 5 percent per day will be assessed if monies are not paid within 10 (ten) business days
after the event. Collection of admission fees and/or sales must have prior written approval of DFWII.
DFWII reserves the right to request documentation proving gross revenues from the Event.
ATTACHMENT 11
Exhibit II Burnett Park Permits & Requirements
Permit Agency Contact Info Deadline
if needed
Park Reservation Downtown Fort Worth Megan Henderson Level A: 14 days prior
Initiatives, Inc. (817) 870-1692 Level B: 45 days prior
Level C: 90 days prior
Tent Permit City of Fort Worth Maria Burr
Fire De artment 817 392-6840
Street/Lane Closure City of Fort Worth Janice-Thompson
Permit Transportation and Public Works Burgess
817 392-6594
Health Permit/ Consumer Health Division Robert Spindle
Temporary License Fort Worth Code Compliance 817 392-7255
TABC Permit/ Texas Alcoholic Beverage Terry Hing At least 10 days prior
Temporary License Commission 817 451-9466 to event
Alcohol Sales Waiver City of Fort Worth Eduardo Garcia
Permit Parks and Community Services 817 392-5757
Noise Ordinance City of Fort Worth Eduardo Garcia
Waiver Permit Parks and Community Services 817 392-5757
Over-the-Street City of Fort Worth Janice Thompson-
Banner Reservation Transportation and Public Works Burgess
817 392-7894
Event Security City of Fort Worth Sgt. Oscar Ramirez
Police Department 817 392-6840
Fire Inspection City of Fort Worth Todd Bagby
Fire Department 817 392-6840
Electrical Systems City of Fort Worth (817) 392-7830
Inspection Development Department
Event Insurance Private Company of your choice Julie Wilmott
or (817) 820-8220
Hub International Rigg
Post and Pre-Event Downtown Fort Worth Megan Henderson Schedule 2 weeks
Inspections Initiatives Inc. 1(817) 870-1692 prior
It is likely that your Event will require other permits associated with holding Events in Fort Worth. You
are responsible for obtaining all necessary permits and paying all permit fees associated with them. The
above chart includes many of the common permits required for Events but is not intended to be an
exclusive guide of required permits.
ATTACHMENT 11
Exhibit III Burnett Park Event Planning Guide & Timeline
Status Action Item Deadline
Complete and Submit Reservation Application Level A: 14 days prior
Level B: 4S days prior
Level C: 90 days prior
Receive approval of reservation Within 10 business days
Pay security deposit to DFWII Within 10 business days
of application approval
Schedule pre-event and post-event walk through of 2 weeks prior
Burnett Park with DFWII
Arrange contractors for all infrastructure needs Immediately
o Waste Management/Recycling/Grey Water/Grease
Removal
o First Aid
o Security
o Staging/Roofing
o Audio/Visual Services
o Tents/Flood ng/Ta bles/Cha i rs
o Electrical Needs/Generator/Distribution Boxes/Cable
Ramps
o DFWII approved electrician to connect electrical
distribution
o Potable Water Service
o Portalets/Sanitation Stations
o Ice
o Caterer/Food Vendors
o Signage, Banners, Marketing
o Street Closure Barricades/Signage
o Water Barrels
Obtain permits (if needed): Immediately
o Application for Lane Closure
(City of Fort Worth TP/W)
o Temporary Food Permit
( Consumer Health Department of Code Compliance)
o Temporary License to Serve Alcohol (TABC)
o Tent Permit (City of Fort Worth)
o Noise Ordinance Waiver (City of Fort Worth)
o Over the Street Banner reservation and permit
o Fire Marshall regarding safety requirements
o Development Department for electrical inspection
Submit Site-Plan for Event to DFWII 2 weeks prior
Submit a list of all contractors for Event to DFWII 2 weeks prior
Pay Reservation Fee to DFWII 10 business days prior
Submit Certificates of Insurance for Event listing as 1 week prior
additional insured: DFWI DFWII and City of Fort Worth
Submit Certificates of Insurance for each contractor listing 1 week prior
as additional insured: DFWI DFWII and City of Fort Worth
Submit all marketing materials to DFWII for approval Before Public Release
Pre-event onsite walk through with DFWII Week of Event
Post-event onsite walk through with DFWII Next Business Da
ATTACHMENT 11
Exhibit IV Burnett Park Recommended Vendors
Y/N Service Recommended Vendors
Audio/Visual Services
Caterer
Electrician
Electrical Needs:
Distribution boxes, Camlocks, cable
rams Generator etc.
Festival Equipment:
Tents, Tables, Chairs, Staging, etc.
First Aid
Grey Water/Grease Removal
Ice
Insurance
Lighting
Parking
Photography/Videography
Potable Water
Restrooms/Porta lets/Sanitation
Stations
Security
ATTACHMENT 11
Signs/Banners/Flags
Staging/Roofing
Storage
Street Closure Barricades/Signs
Water Barrels
Waste Management/Recycling
ATTACHMENT 11
Exhibit V Base Map for Site
Plan
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ATTACHMENT
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ATTACHMENT II
City of Fort Worth, Texas
OVayor and Coundl Consnsunl*cation
DATE REFERENCE NUMBER LOG NAME PAGE
11/12/02 C-19348 80BURNETT 1 of 2
SUBJECT AUTHORIZATION TO EXECUTE AN AGREEMENT WITH DOWNTOWN FORT
WORTH INITIATIVES, INC. FOR THE MAINTENANCE OF BURNETT PARK
RECOMMENDATION:
it is recommended that the City Council:
1. Authorize the City Manager to execute an agreement with Downtown Fort Worth Initiatives, Inc.
(DFWI) for the maintenance of Burnett Park; and
2. Authorize this agreement to begin November 12, 2002, and expire September 30, 2004, with the
option to renew for two five-year periods.
DISCUSSION:
In June 1919, S. B. Burnett gifted Burnett Park to the City of Fort Worth. In 1983, the park was renovated
to its present design of an extensive marble walk and wall system, display fountains with optic spray
systems, and landscaping including shrubs and flowerbeds. Along with the renovation, grant funding was
provided to maintain Burnett Park at a higher maintenance level.
_ Since 1994, grant funding was appropriated through an annual agreement with DFWI. Approximately
$200,000 has been received yearly to cover the costs of maintaining the park, including supplies,
materials, utilities, plantings, water feature maintenance, equipment repair, and the salaries for two
employees.
On August 12, 2002, the Parks and Community Services Department received a proposal from DFWI to
wholly contract out the maintenance of Burnett Park. As part of that proposal for Fiscal Year 2002-2003,
the City was asked to fund the base level of service (consistent with other downtown parks) and DFWI
would pay the incremental increased cost for "premium" services, i.e., flowering plants, and display
fountain maintenance and operation. The cost for that base level of service would be $34,950 for
FY2002-2003, plus water and electrical utility costs of approximately $18,000, for a total funding of
$52,950.
For future years, DFWI requested that the City's base participation be further increased. This request
was based on the premise that it is in the public's best interest for the City to perform and participate at
more than the base level of service at Burnett Park. Because the FY2002-2003 budget had already
been adopted, it was agreed that the request for the City to participate at a higher financial level would
be considered during the FY2003-2004 budget development process.
Terms of the agreement will include the responsibilities of DFWI and the Parks and Community
Services Department, maintenance service levels, procedures for use of the public space,
indemnification and liability, insurance requirements, and other standard contractual requirements. A
provision will be included that would allow an increase in the City's financial participation contingent on
budget approval and resources being available in future years.
This facility is located in COUNCIL DISTRICT 9.
City of Fort Worth, Texas,
4Vayor And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
11/12/02 C-19348 80BURNETT 2 of 2
SUBJECT AUTHORIZATION TO EXECUTE AN AGREEMENT WITH DOWNTOWN FORT
WORTH INITIATIVES, INC. FOR THE MAINTENANCE OF BURNETT PARK
FISCAL INFOR""ATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated,
of the Special Trust Fund.
JP:k
Submitted for City Managers FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Joe Paniagua 6140
Originating Department Head:
Richard Zavala 5704 (from)
FE72 539120 080502112000 $34,950.00
ddidonaf Information Contact: FE72 535020 080502112000 $10,000.00
FE72 535030 080502112000 $ 8,000.00
Sandra Youngblood 5755