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HomeMy WebLinkAboutContract 37950-R2A1 i CSC No. 37950-R2A1 i SECOND RENEWAL AND FIRST AMENDMENT OF CITY SECRETARY CONTRACT NUMBER 37950, A LICENSE AGREEMENT WITH FOREST PARK RIDES,INC. This SECOND RENEWAL AND FIRST AMENDMENT OF CITY SECRETARY CONTRACT NUMBER 37950 ("Second Renewal and First Amendment") is made and entered into by and between the City of Fort Worth ("City"), a home-rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, and Forest Park Rides, Inc. ("Licensee"), a Texas Corporation, acting by and through its duly authorized representative. City and Licensee are herein referred to individually as a("Party")and collectively as the("Parties"). WHEREAS, on November 1, 2006, the City entered into a license agreement with Licensee for the purpose of providing a miniature train ride and food and beverage concessions for the enjoyment of the public within Forest Park and Trinity Park, the same being Fort Worth City Secretary Contract ("CSC")Number 37950 ("Agreement"); WHEREAS, the Agreement provides for an initial term of ten (10) years, with two successive five-year terms (each a"Renewal Term"); WHEREAS, on October 31, 2016, the Parties exercised the first renewal term which expired on October 31, 2021 (CSC No. 37950-R1); WHEREAS, it is the collective desire of the Parties to continue in their relationship by exercising the second, five-year renewal term ("Second Renewal Term"); WHEREAS, the.Parties acknowledge that Exhibit A of the Agreement, Licensed Premises, referenced under Section 2 needs to be revised to show the specific footprint for the main train station, concession stand, and train track easement, and once revised and approved by the Parties the Agreement will be further amended to include the revised Exhibit A; and WHEREAS, the Parties wish to amend the Agreement to clarify Licensee's hours of operation and revise the termination language under Section 3; and NOW, THEREFORE, the City and Licensee agree to extend and renew the Agreement as follows: I. 1. Section 5, Subsection 5.02 of the Agreement "Ticket Price/Hours of Operation/Personnel", is hereby amended to include subsection(a),to be and read as follows: (a). Licensee must operate the train and concession every Saturday and Sunday, weather permitting. A log must be maintained indicating when the train and concession is not operated and the reason. This log will be submitted along with the required fees. Licensee is strongly encouraged to operate the train and concession, weather permitting, holidays and other school days off. OFFICIAL RECORD Second Renewal and First Amendment of CSC 37950 CITY SECRETARY FT. WORTH, TX 2. Section 3, Subsection 3.02 of the Agreement "Contract Term/Tennination/Holdover" is hereby amended to be and read as follows: 3.02 It is expressly provided that either parry may terminate and cancel this Agreement without cause upon six(6)months written notice to the other during the initial term or any renewal term, as provided by Section 18.01 of this Agreement. (a) Upon the occurrence of any Event of Default (as herein after defined) by one party, the non-defaulting party may terminate this Agreement upon sixty (60) days' prior written notice, unless the defaulting party cures the Event of Default(including making the non-defaulting parry whole for any damage caused by such Event of Default)during such sixty(60)day period. For purposes of this Agreement, an "Event of Default" will occur in the event either party is in material breach of any of its duties or obligations under this Agreement. 3. Section 12, Subsection 12.03 of the Agreement"Maintenance" is hereby amended to be and read as follows: 12.03 Licensee shall provide, at its own expense, ground maintenance and janitorial services within and around the Premises and within five feet of the railroad track. Collection and proper disposal of trash,garbage, litter,and debris will be the responsibility of Licensee, at its sole cost and expense. 4. Section 22, Subsection 22.01 of the Agreement"Assignment, Successors, and Assigns", is hereby amended to include subsection(a),to be and read as follows: (a). Licensee must submit a proposed action plan including timelines and financial contractual proposals along with request to subcontract or assign all or any part of its rights, privileges,or duties.Licensee must submit all documents no later than sixty(60)days prior to the intended date to subcontract or assign. H. That City and Licensee hereby agree to renew and extend the Agreement for a second renewal term of five years, effective beginning on November 1, 2021 and expiring on October 31, 2026. III. l. All other terms and conditions of the Agreement will remain in full force and effect except as specifically set forth in this Second Renewal and First Amendment. 2. All terms of this Second Renewal and First Amendment that are capitalized but not defined will have the meanings assigned to them in the Agreement. Second Renewal and First Amendment of CSC 37950 Page 2 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Second Renewal and First Amendment in multiples in Tarrant County,Fort Worth, Texas. CONTRACT COMPLIANCE MANAGER: A By signing I acknowledge that I am the person By:Valerie Washington(Feb 12,2022 07:58 CST) responsible for the monitoring and administration of Valerie Washington this contract,including ensuring all performance and Assistant City Manager reporting requirements. Date: Feb 12, 2022 APPROVAL RECOMMENDED: Clinton Wyatt District Superintendent Rte'I�d zApn& Park&Recreation Department By:Richard Zavala(Feb 8,202216:33 CST) Richard Zavala APPROVED AS TO FORM AND LEGALITY: Director Park&Recreation Department By.Nico Arias(Feh 11,2022 14:42 CST) Qi► .�.�� Nico Arias By.Sandra Youn d(Jan 28,202210:09 CST) Assistant City Attorney Sandra Youngblood Assistant Director Park&Recreation Department CONTRACT AUTHORIZATION: M&C: C-21783 ATTEST: Form 1295: N/A Fonr a By JannetteoS aGooda112o7 csr> �p�po �oo�y0��d City Secretary E•0 0040, 000 0 0= 0 0 �d 000 00 41� LICENSEE da���EXpSaap FO7Ra6d RIDES IN . By: e es Date: OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Second Renewal and First Amendment of CSC 37950 Page 3 of 5 EXHIBIT A kit pi 00 . =— # met -'ti I = � I" .•\ * Y Second Renewal and First Amendment of CSC 37950 Page 5 of 6 �f .. F 1 46, Z-7 et 7 --'t Et JX Nook 91 up 01, Jr 99 / Yr i d �. ++ r'r' F' _ .. _' }tip► • + - Second Renewal and First Amendment of CSC 37950 Page 6 of 6 1/13/2020 M&C Review Official CITY COUNCIL AGENDA FORT '4'ORTII COUNCIL ACTION: Approved on 10/17/2006 DATE: 10/17/2006 REFERENCE NO.: **C-21783 LOG NAME: 80FPTRAIN CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Authorize Execution of a License Agreement with Forest Park Rides, Inc., for Miniature Train Concession RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a license agreement with Forest Park Rides, Inc., for the operation of a miniature train ride in Forest and Trinity Parks. DISCUSSION: The current license agreement between the City of Fort Worth and Forest Park Rides, Inc., (FPR) to operate a miniature train ride within Forest and Trinity Parks expired on July 23, 2006. FPR has a main station located off Colonial Parkway in Forest Park and from there the train goes through Trinity Park. The current vendor, FPR, has been operating continually for 48 years since 1958. Due to expressed interest from another vendor, a Request for Proposal (RFP) was issued on June 6, 2006, to operate a miniature train ride as an exclusive concession service for the Parks and Community Services Department (PACSD). A pre-submittal conference was held June 14, 2006, with two potential proposers attending. On June 22, 2006, two proposals were received, one from the current operator, Forest Park Rides, Incorporated and the other from Narrow Gauge Supply, Incorporated (NGS). The PACSD convened a panel to review the proposals and judge their merits based on the following criteria. 1. Knowledge of Amusement Rides and Concessions. 2. Understanding of the Statement of Work. 3. Capability, Responsibility and Past Performance in Similar Projects. 4. Methodology of Approach. 5. Qualifications and Relative Experience of Key Personnel and Other Personnel Resources. 6. Feasibility and Practicality of Proposal. 7. Pricing Structure for Payments to the City. On June 29, 2006, the Panel met and discussed the two proposals. Total points available for rating apps.cfwnet.org/council_packet/mc_review.asp?ID=6529&councildate=10/17/2006 1/2 1/13/2020 M&C Review the seven criteria were 400. FPR received a cumulative score of 336 and NGS received a score of 131 points. The panel noted that overall, the proposal submitted by FPR would result in a better experience for residents and visitors and would result in a higher fee paid to the City. FPR currently pays the City approximately $35,000 per year. This amount should increase under the new agreement when proposed improvements to the station area and concession stands are completed. It was also noted during staff review of the two proposals that the NGS proposal, if selected, would have a negative effect on the operation of the Log Cabin Village by increasing traffic and noise on the museum grounds and removal of trees from the Bobo Woods area. The recommended agreement will be based on the proposal submitted by FPR to operate the miniature railroad in Trinity Park. The contract will be for an initial period of 10 years with the option to renew for two additional five-year periods. The existing contract with FPR is currently extended on a month-to-month basis, under the existing terms and conditions, until a new agreement is negotiated and executed. At their August 23, 2006, meeting, the Parks and Community Services Advisory Board endorsed staff's recommendation to the City Council to authorize the City Manager to execute a license agreement with Forest Park Rides, Inc., for the operation of a miniature train ride in Forest and Trinity Parks. This project is located in COUNCIL DISTRICT 9 but serves the entire city. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the Parks and Community Services Department will be responsible for collection and deposit of all fees due the City from this contract. TO Fund/Account/Centers FROM Fund/Account/Centers GG01 467835 0801000 $0.00 GG01 467825 0801000 $0.00 Submitted for City Manager's Office by_ Libby Watson (6183) Originating Department Head: Melody Mitchell (Acting) (5704) Additional Information Contact: Sandra Youngblood (5755) ATTACHMENTS apps.cfwnet.org/council_packet/mc_review.asp?ID=6529&councildate=10/17/2006 2/2