M&C Review


COUNCIL ACTION:  Withdrawn on 1/23/2018 

CONTINUED FROM A PREVIOUS WEEK
DATE: 1/9/2018 REFERENCE NO.: C-28533 LOG NAME: 80FWBSCONTRACTAMENDMENT
CODE: C TYPE: NON-CONSENT PUBLIC HEARING: NO
SUBJECT:  

Authorize Amendment to License and Lease Agreement with Fort Worth Botanical Society, Inc., for the Botanic Garden to Require Deposit of Revenue (COUNCIL DISTRICT 7)


RECOMMENDATION:

It is recommended that the City Council authorize an amendment to the License and Lease Agreement, City Secretary No. 32788-A5, with the Fort Worth Botanical Society, Inc., for the Botanic Garden to deposit of revenue.

 
DISCUSSION:

On November 15, 2016, the City Council authorized the acceptance of the Fort Worth Botanic Garden Strategic Plan from EMD Consulting Group, LLC, and referred it to the City Manager and Staff for further review and evaluation to develop strategies and polices for the implementation of the strategic plan (Plan) (M&C G-18885). The Plan establishes several key goals, including the reorganization of support groups and the increase of private support for the Fort Worth Botanic Garden (FWBG).

The Fort Worth Botanical Society (FWBS) is a long-standing support group of the FWBG which has contributed to its success over the past 40 years. Since 1973, the FWBS and City have been party to a series of Agreements pursuant to which the FWBS has operated the Japanese Garden and performed other designated functions related to the FWBG, with the current Agreement being CSC No. 32788, as amended and renewed by CSC Nos. 35186, 32788-A2, 32788-A3, 32788-R1A4 and 32788-A5.

The FWBS currently leases the Gardens Restaurant and contracts for the operation of the restaurant with a food service vendor. The current Agreement also gives the FWBS permission to use the FWBG for programs and events. The FWBS deposits all funds collected as a result of its rights under the current Agreement into a specially restricted account to be managed by the FWBS and used solely for the operation, expansion, and improvement of the FWBG.

On September 30, 2017, the Society voluntarily transferred $642,978.00 from the restricted Botanic Garden special purpose fund to the Botanic Garden Special Revenue Fund. These funds include all funds the Society held on behalf of the City under the terms of that Agreement. The City is grateful for the many years of stewardship by the Society that resulted in major cash reserves to be used in support of the Botanic Garden. As a result of this action, the Botanic Garden special purpose fund was closed leaving only FWBG unrestricted operating account. This Agreement will be amended to make the following change:

• Beginning on October 1, 2017, any and all revenue generated at the FWBG, including, without
  limitation, revenue from the Gardens Restaurant, and any gift shops will be
  deposited with the City into the Botanic Garden Special Revenue Fund.

  All other terms remain the same.

•  FWBS will continue to lease and operate the Gardens Restaurant through April 1, 2018.

• FWBS will have non-exclusive rights for other areas within the Rock Springs Building,
  including certain designated office space and the north entrance joint usage area, and
  a portion of the "Triplex" storage building.

• The primary term of the Agreement expires on April 1, 2018. There are two optional six-month renewal periods.

The City plans to issue a request for proposals for management of the Gardens Restaurant after the expiration of the Society's contract on April 1, 2018. This will be an open competitive market proposal process where the current existing vendor can submit a proposal as well as other interested vendors. The City will execute a contract directly with the successful bidder to manage all food service operations and receive all revenues from those operations after that date.

The Fort Worth Botanic Garden is located in COUNCIL DISTRICT 7 and is classified as a citywide special use facility.

 
FISCAL INFORMATION/CERTIFICATION:

The Director of Finance certifies that this action will result in revenues previously being received by the FWBS to be receipted by the City.

TO
    Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount

FROM
    Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount

Submitted for City Manager's Office by:
Susan Alanis (8180)
Originating Department Head:
Richard Zavala (5704)
Additional Information Contact:
Sandra Youngblood (5755)

 
 
ATTACHMENTS
  Cert of Interested Parties signed by HHY 2018 01 02.pdf