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Home My WebLink AboutContract 50037 FORT WORTH® CITY SECRETARY CON NO. d � December 8, 2017 Naval Sea Systems Command ATTN: SEA 211 (Mr. Gary Kitchen) 1333 Isaac Hull Avenue SE Washington Navy Yard, DC 20376 Dear Mr. Kitchen, I am writing on behalf of the City of Fort Worth Park and Recreation Department (PARD), to apply to receive obsolete shipboard material from the U.S. Navy. The material requested is a World War II-era anchor for display at Veterans Memorial Park as a memorial/tribute to the Armed Forces. The City of Fort Worth (City) will be responsible for corrosion control and routine maintenance of the anchor, at its own expense, to the satisfaction of the Department of the Navy, in accordance with instructions which the Department may issue, and at no expense to the United States. The City agrees to accept the anchor as is and where it is at and agrees to cover any costs for transportation, preparation, or any other costs associated with obtaining the anchor. The City agrees to the inspection of the anchor by the responsible government agency, and agrees that if any misuse, improper maintenance, or negligence on the part of the City would give cause for the immediate return of the anchor to the Government at the expense of the City. The City certifies that the anchor will not be rented, sold, or otherwise used for monetary gain. The anchor is currently on-site and will remain there. No additional costs associated with the transportation or preparation of the anchor are anticipated. A copy of the City's Mayor and Council Communication (G-19122) is enclosed to demonstrate the City's financial ability to transport and maintain the anchor in a manner acceptable to the Department of the Navy. Additionally, evidence showing that the City is exempt from tax under the Internal Revenue Code, the delegation of authority authorizing me to represent the City and to sign on its behalf for the purpose of acquiring this obsolete shipboard material, and the City's non-discrimination ordinance showing compliance with Title VI of the Civil Rights Act of 1964 (Act of July 2, 1964— Public Law 88– 352) are enclosed for your reference. Sincerely, �_A Susan Alanis Assistant City Manager c: Richard Zavala, Director Sandra Youngblood, Assistant Director I Clint Wyatt, District Superintendent OFFICIAL RECORD Traci Tomilli, Contract Administrator CI`i'�'SECRETARY FT.WORTH,TX PARK & RECREATION DEPARTMENT THE CITY OF FORT WORTH * 4200 SOUTH FREEWAY, SUITE 2200 * FORT WORTH, TEXAS 76115-1499 817-392-PARK * FAX 817-392-5724 tr Printed on recycled paper FoRTWORTH Richard A.McCracken Phone(817)392-7600 Assistant City Attorney Richard.McCracken@fortworthtexas.gov November 20, 2017 Ms. Traci Tomilli Sr. Contract Compliance Specialist City of Fort Worth Park& Recreation Department 4200 S. Freeway, Suite 2200 Fort Worth, TX 76115 Re: City of Fort Worth's Tax Exempt Status under the Internal Revenue Code Donation of Obsolete Shipboard Material for Display at Veterans Memorial Park Dear Ms. Tomilli: You contacted my office seeking confirmation that the City of Fort Worth is a tax exempt municipality under the Internal Revenue Code. The City of Fort Worth is a home-rule municipal corporation of the State of Texas organized in accordance with the Constitution and laws of the State of Texas. Title 26, Section 501 of the United States Code, governing the taxation of income, specifically exempts political subdivisions from income tax. In addition, Section 170 of Title 26 allows a federal income tax deduction for contributions or gifts that are made to the City for exclusively public purposes. In addition, under Article XI, Section 9 of the Texas Constitution, property owned and held by the City for public purposes is exempt from taxation by the State of Texas. Sincerely, Richard A. McCracken Assistant City Attorney OFFICE OF THE CITY ATTORNEY The City of Fort Worth *200 Texas Street*31 Floor*Fort Worth,Texas 76102 817-392-7600*Fax 817-392-8359 CHAPTER 2: ADMINISTRATION Page 1 of 2 Print Fort Worth, TX Code of Ordinances §2-9 CONTRACT EXECUTION; AMENDMENTS; CHANGE ORDERS. (a) Except as otherwise provided herein, all contracts, including claim and lawsuit settlement agreements, to which the city is a party shall be approved by the city council prior to execution by the city manager.As used in this section, the term CITYMANAGER shall also include assistant city manager. (b) The city council hereby adopts and the city manager is authorized to implement: (1) Use of the best value selection criteria for eligible transactions as authorized by state law; (2) Use of electronic bid and proposal processing, provided that appropriate rules for procedure and security have been adopted and implemented; (3) Use of the online reverse auction procedure where authorized and appropriate; (4) Use of interlocal contracts with entities outside the State of Texas where authorized and advantageous to the city. (c) Any contract or other legal instrument for the sale, purchase or lease of real property shall be approved by the city council prior to execution or acceptance of the city manager;provided, however,that leases for a term not exceeding 30 days and involving an amount not exceeding $50,000 may be executed by the city manager without city council approval. (d) Provided that sufficient funds have previously been appropriated by the city council,the city manager may execute the following without city council approval: (1) Any contractor purchase order involving an expenditure of$100,000 or less of city funds, provided that the contract award otherwise complies with applicable state law; (2) Any amendment or change order to a contractor purchase order involving an expenditure of$100,000 or less of city funds, except that the city manager may not execute any of the following without city council approval: a. An amendment or change order that causes the total expenditure under the contract or purchase order to exceed $100,000 or any subsequent amendment or change order that causes the total expenditure under the contract or purchase order to exceed $100,000 since the last amendment approved by the City Council; b. An amendment or change order to any non-public works contract or purchase order over$50,000 that is subject to the competitive procurement requirements under Tex. Local Government Code Chapter 252; or c. An amendment or change order to any public works contract over$50,000 that is subject to the competitive procurement requirements under Tex. Local Government Code Chapter 252, and that was originally advertised before September 1,2011. http://library.amlegal.com/alpscripts/get-content.aspx 11/13/2017 CHAPTER 2: ADMINISTRATION Page 2 of 2 (3) Any contract or other legal instrument for the lease, license or use of facilities at the Will Rogers Memorial Center; (4) Any contract or other legal instrument for the lease, license or use of facilities at the Fort Worth Convention Center; (5) The vacation of a water, sanitary sewer,public or quasi-public utility or drainage easement; (6) Temporary and permanent easements granted to the city and valued at less than $100,000; (7) Consent agreements for encroachments into public property which comply with the Building Code § 7-47 adopting, among other things, Chapter 3210 of the International Building Code; and provided further,that the city manager may authorize the building official and planning and development director to execute such agreements; (8) Any contract for the purchase of electricity provided that: a. The term of any such contract does not exceed 48 months; and b. Sufficient funds have previously been appropriated by the city council for that purpose. (9) Any contract for an emergency procurement.An EMERGENCY PROCUREMENT is defined as a procurement made because of a public calamity that requires the immediate appropriation of money to relieve the necessity of the city's residents or to preserve the property of the municipality; a procurement necessary to preserve or protect the public health or safety of the city's residents;or a procurement necessary because of unforeseen damage to public machinery, equipment or other property, and is exempt from the competitive procurement requirements pursuant to Tex. Local Government Code Chapter 252, as amended; and (10) Any contract or other legal instrument for the construction and/or maintenance of a stormwater management facility in accordance with all standards and ordinances then in force and effect. (e) Any contract for which the best value selection criteria are not authorized,that is submitted to competitive bids and is proposed to be awarded to a bidder other than the lowest bidder shall be approved by the city council before execution by the city manager. (Ord. 20533-12-2012, § 1,passed 12-11-2012; Ord. 21284-06-2014, § 1,passed 6-10-2014; Ord. 22556-12-2016, § 1,passed 12-13-2016, eff. 1-1-2017) http://library.amlegal.com/alpscripts/get-content.aspx 11/13/2017 CHAPTER 17: HUMAN RELATIONS xx Page 1 of I Print Fort Worth,TX Code of Ordinances § 17-1 PUBLIC POLICY DECLARED. It is hereby declared to be public policy of the city that all of its residents and persons subject to its jurisdiction should enjoy equal freedom to pursue their aspirations and that discrimination against any individual or group because of race, creed,color, sex, religion, disability, age, national origin, familial status, sexual orientation, transgender, gender identity or gender expression is detrimental to the peace, progress and welfare of the city. (1964 Code, § 2-53) (Ord. 5802, § 1,passed- -; Ord. 6447, § 1,passed 3-1-1971; Ord. 13981, § 1,passed 10-26-1999; Ord. 14344, § 1,passed 9-26-2000; Ord. 14832, § 1, passed 10-15-2001; Ord. 18909-11-2009, § 1,passed 1 I-10-2009; Ord. 19374-09-2010, § 1 (Exh. A),passed 9-28- 2010, eff. 10-1-2010) http://library.amlegal.com/alpscripts/get-content.aspx 12/4/2017 ,NI&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA fbuftntj COUNCIL ACTION: Approved on 9/26/2017 REFERENCE 80DONATION OF ANCHOR DATE: 9/26/2017 NO.: G-19122 LOG NAME: FROM U.S. NAVY CODE: G TYPE: NOW PUBLIC NO CONSENT HEARING: SUBJECT: Accept Donation of Obsolete Shipboard Material Valued at$200.00, from the United States Navy, for Veterans Memorial Park(COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council authorize the acceptance of a donation from the U.S. Navy of an anchor valued at$200.00 for Veterans Memorial Park. DISCUSSION: The City of Fort Worth (City) and the Naval Air Station Fort Worth, Joint Reserve Base entered into a loan agreement(City Secretary Contract No.43121, no M&C required) on January 1, 2012,for the City to acquire a World War II-era anchor for display at Veterans Memorial Park as a memorial/tribute to the Armed Forces.The United States Navy anchor was built in 1933 at Navy Shipyard, Norfolk, Virginia, and weighs 2,965 pounds. The U.S. Navy wishes to donate the anchor to the City and has determined that the anchor is obsolete and has no value. The City has estimated the value of the anchor at$200.00, based on the estimated material cost of the anchor. The anchor is currently on- site and will remain there where it will be maintained and kept by the Park& Recreation Department. The City is responsible for corrosion control and routine maintenance of the anchor. Corrosion control is the removal of rust, priming the surface and painting. Routine maintenance would be required for any damage and overall painting, if needed. The color of the anchor is to remain Navy gray.The City agrees to the inspection of the anchor by the responsible government agency, and agrees that any misuse, improper maintenance, or negligence on the part of the City would give cause for the immediate return of the anchor to the U.S. Navy at the expense of the City. The annual budget impact associated with the anchor donation is de minimis for repair and maintenance of this improvement. Veterans Memorial Park is located in COUNCIL DISTRICT 7. This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon acceptance of the donation,the asset will be appropriately recorded in the City's general ledger. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfleld 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by:, Susan Alanis(8180) http://apps.cfwnet.org/council_packet/mc review.asp?ID=24993&councildate=9/26/2017 10/30/2017 iC Review Page 2 of 2 Originating Department Head: Richard Zavala (5704) Additional Information Contact: Sandra Youngblood (5755) ATTACHMENTS Anchor Donation to Veterans Memorial Park(Anchor Picture).pdf Anchor Donation to Veterans Memorial Park(Park Picture)-pd http://apps.cfwnet.org/council_packet/mc_review.asp?ID=24993&councildate=9/26/2017 10/30/2017