HomeMy WebLinkAboutContract 47945 CITY SECRETARY —�(1
= ` / i► NORTH TEXAS SPECIALTY PHYSICIANS CONTRACT NO. '1
CHARITABLE FUND
Donation Letter
City of Fort Worth, Texas May 20, 2016
Park and Recreation Department
4200 South Freeway
Suite 2200
Fort Worth, Texas 76115-1499
Dear Susan Alanis:
I am pleased to inform you that the Trustees of the NTSP Charitable Fund (the "NTSP Charitable
Fund") have donated to the City of Fort Worth ("Recipient") a donation in the amount of
$76,400.50 dollars (the "Donation") to support a senior wellness exercise area at Forest Park,
Fort Worth, Texas, as more fully described on Exhibit A hereto (the "Purpose").
A. Responsibilities of the NTSP Charitable Fund and the Recipient
The term of this Donation agreement ("Agreement") will commence on the date Recipient
executes this document as set forth on the signature page hereto and will expire on the complete
expenditure of the Donation.
The Recipient will see to the procurement, installation and future maintenance of an Xccent
Fitness Motion Wellness System ("Equipment") for the senior wellness exercise area at Forest
Park.
The Recipient agrees to host and make arrangements for a ribbon cutting ceremony before
December 31, 2016 following the Equipment installation and provide a plaque/signage
recognizing NTSP Charitable Fund making the Donation for the procurement and installation of
the Equipment for the senior wellness exercise area.
Public Acknowledgement: In any public acknowledgement of this Donation, please indicate the
Donation is being received from the North Texas Specialty Physicians Charitable Fund.
Status Update: The NTSP Charitable Fund would like to receive an annual document addressing
the maintenance provided for the equipment.
Payment Schedule: The NTSP Charitable Fund shall pay the full amount of the Donation to the
Recipient within thirty (30) calendar days after the commencement of this Agreement.
OFFICIAL RECORD
445 16 CITY SECRETARY
r'7yoFFio FT. WORTH, TX
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B. Terms and Conditions of the Donation
This Donation is made subject to the following terms and conditions:
1. The Parties agree that the Donation is a charitable contribution to the Recipient, which is
a political subdivision of the State of Texas, and is being made for exclusively public purposes.
The Donation will not be used to carry on propaganda, influence legislation, fund any political
campaign, influence the outcome of any election, carry on any voter registration drives, or violate
any applicable local, state, federal, or foreign law. Recipient agrees that the Donation shall be
used solely for the Purpose. Recipient further agrees to fulfill the obligations set forth on Exhibit
A attached.
2. Recipient makes the following representations and warranties:
a) Recipient is a governmental unit, with all power, authority, and permits necessary to carry
on its activities, including, without limitation, to perform this Agreement and the Purpose. The
execution, delivery and performance of this Agreement and the consummation of the transactions
contemplated hereby have been duly authorized and approved by all required action on the part
of Recipient, subject to approval of the Donation and appropriation of such funds by the Fort
Worth City Council. This Agreement has been duly and validly executed and delivered by
Recipient and constitutes the legal, valid and binding obligation of Recipient, enforceable against
it in accordance with its terms. The signatory on behalf of Recipient represents and warrants in
his or her capacity as an authorized signatory of Recipient and not individually that he or she has
the capacity and has been duly authorized to execute this Agreement on behalf of Recipient.
b) Recipient is currently, and at all times during the term of this Agreement will be a
political subdivision of the State of Texas as set forth in Internal Revenue Code Section
170(c)(1).
C) Recipient complies with and will continue to comply with all applicable laws, statutes,
rules and regulations, as amended from time to time.
d) No reports that are delivered to the NTSP Charitable Fund, nor any element thereof,
violate or will violate the right of privacy or publicity, or defame or violate any copyright,
trademark or service mark or any common law or other right of any third-party.
e) All information relating to the Donation heretofore provided to the NTSP Charitable
Fund by Recipient or to be provided to the NTSP Charitable Fund by Recipient during the term
of this Agreement has been, and for the duration of the term of this Agreement (and for so long
as any obligations under this Agreement remain outstanding) will at all times continue to be true,
accurate and complete in all material respects.
3. Recipient will maintain accurate and complete records of receipts and expenditures made
from Donated funds and will keep these records during the period covered by Recipient's
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reporting obligations set forth on Exhibit A and for at least three (3) years thereafter. During this
term, .and for three (3) years thereafter, upon the request of the NTSP Charitable Fund, Recipient
shall make such records available for inspection by the NTSP Charitable Fund and its
representatives during normal business hours, and Recipient shall cooperate and assist the NTSP
\ Charitable Fund with its review of such records.
4. Recipient will immediately furnish the NTSP Charitable Fund with any information
concerning a threatened, proposed, or actual change in Recipient's status as a governmental unit.
5. Recipient will establish and operate for the use of the Purpose a separate designated
account ("Account"). All amounts deposited into Purpose Account will be used in only its
support. All disbursements will be restricted to the support and implementation of the Purpose
only.
6. This Agreement may be terminated by NTSP Charitable Fund if any of the following has
occurred, it being understood and agreed that the determination of whether any such condition or
event has occurred will be made by the NTSP Charitable Fund in its sole discretion: (a) Any of
the warranties or representations made by Recipient in this Agreement is or becomes untrue in
any respect; (b) Recipient uses any portion of the Donation for any purpose other than the
Purpose without the prior written consent of the NTSP Charitable Fund; (c) the Internal Revenue
Service makes a determination, preliminary or otherwise, that the Donation does not constitute a
qualifying distribution by the NTSP Charitable Fund within the meaning of Internal Revenue
Code Section 4942(g)(1)(A) or(B);or (d) Recipient fails to comply with the provisions of this
Agreement. Recipient shall return any amounts of the Donation which are not used for the
Purpose.
7. Subject to applicable law, Recipient shall indemnify, defend and hold harmless the NTSP
Charitable Fund, its officers, directors, founders, employees and agents and each of their
affiliates {collectively the "Foundation Parties"),from and against, any liability, damage, loss or
expense (including reasonable attorneys' fees and expenses of litigation) incurred or imposed
upon the Foundation Parties in connection with any claims, suits, actions, demands or judgments,
arising out of or related to (a) any act or omission of Recipient, its employees or agents, and (b)
the expending of Donated funds furnished pursuant to this Agreement. The NTSP Charitable
Fund shall not be liable for any losses, damages, claims or other liabilities arising out of
Recipient's activities. It is expressly understood that the NTSP Charitable Fund, by making the
Donation and entering into this Agreement, has no obligation to provide other or additional
support to Recipient. NOTHING CONTAINED HEREIN SHALL EVER BE CONSTRUED SO AS TO REQUIRE
RECIPIENT TO CREATE A SINKING FUND OR TO ACCESS, LEVY,AND COLLECT ANY TAX TO FUND ITS
OBLIGATIONS UNDER THIS SECTION.
8. Governing Law and Venue. This Agreement shall be governed by the laws of the State of
Texas. The sole and exclusive jurisdiction for any dispute arising under or related to this
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Agreement shall be in the state district courts of Tarrant County, Texas.
9. Entire Agreement. This Agreement supersedes any prior oral or written understanding or
communications between the parties and constitutes the entire agreement of the parties with
respect to the subject matter hereto. This Agreement may not be amended or modified, nor any of
its provisions waived, except in a written document signed by an authorized representative of
Recipient and the NTSP Charitable Fund.
10. Waiver. Any waiver of any kind by either party of a breach of this Agreement shall not
operate or be construed as a waiver of such breach or any subsequent breach. Either party's delay
or omission in exercising any right, power, or remedy pursuant to a breach or default by the other
party shall not impair any right, power, or remedy which that party may have.
11. Severability. If any provision of this Agreement becomes or is declared by a court of
competent jurisdiction to be illegal, unenforceable, or void, this Agreement shall continue in full
force and effect without such provision.
12. Assignment. This Agreement shall inure to the benefit of and be binding upon the parties
hereto and their respective permitted successors, assigns, heirs and legatees; provided, however,
Recipient cannot assign, or otherwise transfer, its rights or delegate any of its obligations,
without the prior written consent of the NTSP Charitable Fund, which consent the NTSP
Charitable Fund may withhold, condition or delay in its sole discretion.
13. IT Third Party Rights. Except as set forth in Section 9 of this Agreement, it is the explicit
intention of the parties that no person or entity other than the parties is or shall be entitled to
bring any action to enforce any provision of this Agreement and that the covenants and
agreements set forth herein shall be solely for the benefit of and enforceable only by the parties
or their respective successor and assigns as permitted hereunder.
14. Remedies. The rights and remedies provided in this Agreement are cumulative in nature
and shall be in addition to any such other rights and remedies available at law or equity.
15. Independent Parties. Nothing in this Agreement shall constitute the naming of Recipient
as an agent or representative of the NTSP Charitable Fund for any purpose. This Agreement shall
not be deemed to create any relationship of agency, partnership or joint venture between the
parties hereto, and Recipient shall make no such representation to anyone.
16. Survival. The provisions of Sections 4,8 and 9 shall survive any expiration or termination
of this Agreement, and each party shall remain obligated under any other provisions that
expressly or by their nature survive any expiration or termination of this Agreement.
If you have any questions, please do not hesitate to call me at: 817.529.8239.
Please have this document signed by an authorized officer, and return it to the NTSP Charitable
Fund before May 31, 2016. Please keep a signed copy for your records. Signing indicates that
your organization agrees to all the expectations and terms described in this agreement. Once we
have received the signed copy, we will disperse the Donation.
We are pleased to support initiatives that improve the health and well-being of North Texans.
Sincerely,
G�
Regina L. Sobieski
Director,NTSP Charitable Fund
Siynature of Recipient
On behalf of the Recipient, I understand and agree to the foregoing expectations and terms of the
Donation and hereby certify my authority to execute this Agreement on the Recipient's behalf.
Signature:
By:
Name: Susan Alanis A O� 'IF:0
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Title: Assistant City Manager
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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Exhibit A
Project Description
City of Fort Worth Expectations
Budget
The NTSP Charitable Fund has awarded to the Recipient the Donation to support a senior
wellness exercise area, located in Forest Park, Fort Worth, Texas.
Aging is a natural process that causes physical, psychological, and social changes in a person. As
we age, we lose physical abilities that affect us in daily living activities. The Equipment system
allows for the living environments of the aging population an attractive and fun space where
seniors can enjoy life, exercise, and socialize. The design of the Equipment is based upon fall
assessment and fall reduction of seniors while enhancing physical and cognitive skills and
providing a great social setting. Among adults 65 and older, falls are the leading cause of injury.
The system not only helps build and improve confidence, balance, and strength needed to reduce
falls, it also assists seniors perform everyday life activities such as walking up and down stairs,
reaching for an item in a cupboard, or simply getting up and out of a chair. It is also ADA
compliant for those who are in wheelchairs.
Expectations
The Recipient will be solely responsible for executing the following tasks:
1. Order/Purchasing the Equipment
2. Install the Equipment properly according to manufacturer's specifications before October 31,
2016.
3. Provide at a minimum annual maintenance for the life of the Equipment
4. Follow all warranties and specifications from the Equipment manufacturer
6. Ribbon cutting ceremony and provide name/donor recognition plate
7. All Donations must be placed in a separate city park account and dispersed ONLY for this
Purpose.
8. Budget submitted from Recipient. See below.
Exhibit A (cont.)
Submitted City of Fort Worth Budget
$76,400.50
PROJECT DONATION BUDGET
ITEM ITEM DESCRIPTION QTY UNIT UNIT PRICE AMOUNT
1 Mobilization 1 LS $ 3,750.00 $ 3,750.00
2 Demolition 1 LS $ 460.00 $ 460.00
3 Grading/Excavation 1 LS $ 31200.00 $ 3,200.0-0-
4 Installation of Concrete Walk(5"depth) 1084 SF $ 6.00 $ 6,504.00
5 Installation of Concrete Underlay(4"depth) 908 SF $ 5.75 $ 5,221.00
6 Poured in Place Safety Surfacing with base 908 SF $ 20.75 $ 18,841.00
7 Playground Equipment(By Contractor) 1 LS $ 21,937.50 $ 21,937.50
8 Playground Equipment Installation(By Contractor) 1 LS $ 7,600.00 $ 7,600.00
9 6'Benches Installed w/concrete slab 3 EA $ 1,600.00 $ 4,800.00
10 Seeding 1 LS $ 448.88 $ 448.88
SUB-TOTAL $ 72,762.38
5%CONTINGENCY $ 3,638.12
SUB-TOTAL $ 76,400.50
Status Update
9. It is expected the Recipient will properly maintain the Equipment per manufacturer's
specifications and Equipment life expectancy. Each January, following installation of the
Equipment, Recipient will submit a mailed report of said maintenance and other noteworthy
news regarding the Equipment to:
NTSP
Attn: Mark Presley, M.D.
1701 River Run#900
Fort Worth, Texas 76107
10. Report any significant damage/theft of equipment as soon as possible to Fowad
Choudhry, NTSP CEO, 817-332-8847.
Olt
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/28/2016 - Ordinance No. 22310-06-2016
DATE: Tuesday, June 28, 2016 REFERENCE NO.: G-18780
LOG NAME: 80AGE PLAY DONATION AT FOREST PARK
SUBJECT:
Authorize Acceptance of a Monetary Donation in the Amount of$76,400.50 from the North Texas Specialty
Physicians' Charitable Fund to Install an Age-Friendly Playground at Forest Park, Authorize Execution of a
Related Agreement and Adopt Appropriation Ordinance (COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize acceptance of a monetary donation of$76,400.50 from the North Texas Specialty
Physicians' Charitable Fund for the purpose of installing an age-friendly playground at Forest Park;
2. Authorize execution of a related Agreement; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Forest Park Improvements Project of the Special Donations Capital Projects Fund in the amount of
$76,400.50 for the purpose of funding installation of an age-friendly playground and project administration
costs at Forest Park.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize the acceptance of a
monetary donation in the amount of$76,400.50, from the North Texas Specialty Physicians' Charitable
Fund (NTSP) for the installation of an age-friendly playground at Forest Park, along with the execution of a
related Agreement.
In January 2016, the Park and Recreation Department (PARD) met with NTSP staff to discuss the
donation of funding to install an age-friendly playground within the City of Fort Worth. PARD and NTSP
reviewed and discussed the placement of equipment within several City parks. Forest Park was selected
for its overall central location within the City and availability of construction readiness.
On April 27, 2016, the Park and Recreation Advisory Board endorsed Staffs recommendation to the City
Council to authorize the City Manager to accept a donation from the NTSP to install an age-friendly
playground at Forest Park.
Upon approval of this M&C, all appropriations and funding will be as summarized in the table below:
Project Revenues $76,400.50 _
Project Total $76,400.50
Installation of the playground is scheduled to be completed in September 2016.
Logname: 80AGE PLAY DONATION AT FOREST PARK Page 1 of 2
NTSP has requested that a dedication of the playground to be held in the Fall of 2016.
No operational expenses for the age-friendly playground are included in the Fiscal Year 2016 Adopted
Budget. No impact to the Fiscal Year 2016 Budget is anticipated. Beginning in Fiscal Year 2017, the
annual operating budget impact associated with this playground will be $1,850.00 per year.
Forest Park is located in COUNCIL DISTRICT 9.
This contract legally does not require City Council approval.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and receipt of the
donation, funds will be available in the current budget as appropriated of the Special Donations Capital
Projects Fund.
FUND IDENTIFIERS (FIDs):
TO
Fund Department AccountProject ProgramActivity Budget Reference # Amount
ID ID Year Chartfield 2
W1&2 30105 0800450 4640001 CO2088 $76,400.50
30105 0800450 CO2088 $76,400.50
FROM
Fund Departmentccoun Project JProgram ctivity Budget Reference # moun
ID 1A ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: David Creek (5744)
ATTACHMENTS
1. 80AGE PLAY DONATION AT FOREST PARK AO rev.docx (Public)
2. Budget Journal 80AGE PLAY DONATION AT FOREST PARK.docx (Public)
3. Forest Park - location map.pdf (Public)
Logname: 80AGE PLAY DONATION AT FOREST PARK Page 2 of 2