HomeMy WebLinkAboutContract 36850 CITY
21
CON RACTEI y �o
INTERLOCAL AGREEMENT BETWEEN THE CITY OF FORT WORTH
and
THE CROWLEY INDEPENDENT SCHOOL DISTRICT
This INTERLOCAL AGREEMENT is made and entered into by and between the CITY
OF FORT WORTH, a home rule municipal corporation of the State of Texas, located
within Tarrant, Denton, Parker, and Wise Counties, Texas (Hereinafter referred to as
the "CITY") and the CROWLEY INDEPENDENT SCHOOL DISTRICT a political
subdivision of the State of Texas and a legally constituted Independent School District
located within Tarrant County, Texas (Hereinafter referred to as the "CISD").
RECITALS
The City and CISD hereby agree that the following statements are true and
correct and constitute the basis upon which the City and CISD have entered into this
Agreement:
WHEREAS, this Agreement is made under the authority granted by and pursuant
to Chapter 791 of the Texas Government Code; and
WHEREAS, on July 11, 2006 the City Council authorized the City Manager to
enter into an interlocal agreement with the Crowley Independent School District, M&C
C-21565
WHEREAS, the City Council of Fort Worth and the Crowley Independent School
District by consensus agree that the joint use of facilities will be highly beneficial to the
taxpayers and residents of the local governments;
WHEREAS, the City of Fort Worth desires to participate and join with other local
governments in a cooperative interlocal agreement ("Agreement") for the purpose of
fulfilling and implementing their respective public and governmental purposes, needs,
objectives, programs, functions and services;
-- WHEREAS; the City of Fort Worth believes the promotion of joint use facilities
with the Crowley Independent School District will improve the quality of life for the
residents in the various communities; UKI
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WHEREAS, the City of Fort Worth encourage and provide opportunities for
recreational and leisure activities to enhance physical and mental development of the
residents in the various communities;
WHEREAS, the City of Fort Worth desires to enhance economic development in
the various communities;
WHEREAS, each governing body, in performing government functions or in
paying for the performance of governmental functions hereunder, shall make the
performance that performance or those payments from current revenues legally
available to that party; and,
WHEREAS, each governing body finds that the subject of this Agreement is
necessary for the benefit of the public and that each has the legal authority to perform
and to provide the government function or service which is the subject matter of this
Agreement; and
WHEREAS, each governing body finds that the performance of this Agreement is
in the common interest of both parties and that the division of costs fairly compensates
the performing party for the services or functions under this agreement; and
WHEREAS, each governing body agrees to share in the cost of these services
described below.
NOW THEREFORE, in consideration of the mutual covenants herein expressed, the
parties agree as follows:
SECTION 1
PURPOSE
The purpose of this Agreement is to promote the joint use of facilities by the parties.
Specifically, the parties agree to a joint commitment to explore the potential to construct
a joint use facility at Southwest Community Park (Hereinafter referred to as the "park
site").
SECTION 2
OBLIGATIONS OF PARTIES
The City will:
• Participate in discussions with CISD regarding the possibility of constructing a
joint use facility to serve recreational and aquatic needs of the community and
the competitive swimming needs of the CISD. 1
Page 2 of 8 , ....
• Contract with Brinkley-Sargent Architects for a detailed marketing analysis
exploring the type of facility to construct and the amenities to provide that will
stimulate the greatest use by both the public and the CISD users.
• Assist in forming a business model that will ensure sufficient revenues are
generated to offset the majority of the operating costs that would be expected for
such a facility.
• Fund 50% of the cost of the feasibility/marketing study with Brinkley-Sargent
Architects.
• Participate in the formation of a citizen's advisory committee with representation
from both the City and CISD.
CISD will:
• Participate in discussions with the City regarding the possibility of constructing a
joint use facility to serve recreational and aquatic needs of the community and
the competitive swimming needs of the CISD.
• Contract with Brinkley-Sargent Architects for a detailed marketing analysis
exploring the type of facility to construct and the amenities to provide that will
stimulate the greatest use by both the public and the CISD users.
• Assist in forming a business model that will ensure sufficient revenues are
generated to offset the majority of the operating costs that would be expected for
such a facility.
• Fund 50% of the cost of the feasibility/marketing study Brinkley-Sargent
Architects.
• Participate in the formation of a citizen's advisory committee with representation
from both the City and CISD.
SECTION 2
FUNDING
Payment by the City. The City agrees to pay 50% of the cost of the
feasibility/marketing study with Brinkley-Sargent Architects in the amount of forty
thousand two hundred and fifty dollars ($ 40,250).
Payment by CISD. CISD agrees to pay 50% of the cost of the feasibility/marketing study
with Brinkley-Sargent Architects in the amount of forty thousand two hundred and fifty
dollars ($ 40,250).
Current Revenues. Pursuant to 791.011 of the Interlocal Cooperation Act, each party
paying for performance of governmental functions or services must make those
payments from current revenues available to the paying party. Payments will be due
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SECTION 3I ;JJ!�
Page 3 of 8 3
NOTICES
Any notice provided for or permitted under this Agreement shall be made in writing and
may be given or served by (i) delivering the same in person to the party to be notified, or
(ii) depositing the same in the mail, postage prepaid, certified with return receipt
requested, and addressed to the party to be notified, or (iii) sending by telecopy, with a
copy thereof sent by registered mail on the same day. If notice is deposited in the mail
pursuant to (ii) or (iii) of this Section 3, it will be effective upon receipt or refusal. For the
purpose of notice, the addresses of the parties are, until changed as provided below, as
follows:
City:
City of Fort Worth
Parks and Community Services Department
4200 S. Freeway, Ste 2200
Fort Worth TX 76115
With Copy to:
Benita Harper
Assistant City Attorney
1000 Throckmorton Street
Fort Worth TX 76102
CISD:
Greg Gibson, Superintendent
Crowley Independent School District
P.O. Box 688
Crowley, TX 76036
The parties may from time to time change their respective addresses, and each shall
have the right to specify as its address any other address upon at least ten days
written notice to the other party.
SECTION 4
FORCE MAJEURE
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Page 4 of 8
It is expressly understood and agreed by the parties to this Agreement that if the
performance of any obligations hereunder is delayed by reason of war; civil
commotion; acts of God; inclement weather; governmental restrictions, regulations,
or interferences; fires; strikes; lockouts, national disasters; riots; material or labor
restrictions; transportation problems; or any other circumstances which are
reasonably beyond the control of the party obligated or permitted under the terms of
this Agreement to do or perform the same, regardless of whether any such
circumstance is similar to any of those enumerated or not, the party so obligated or
permitted shall be excused from doing or performing the same during such period of
delay, so that the time period applicable to such design or construction requirement
shall be extended for a period of time equal to the period such party was delayed.
SECTION 5
NONDISCRIMINATION
The City and CISD, agree that in the execution, performance, or attempted
performance of this agreement, they will not discriminate against any person or
persons because of race, age, gender, religion, color, sexual orientation, national
origin, or disability.
SECTION 6
WAIVER OF DEFAULT
No waiver by the parties hereto of any default or breach or the failure to insist upon
the performance of any term, condition, provisions or covenant of this Agreement
shall be deemed to be a waiver or relinquishment to any extent of any other breach
of the same or any other term, condition, provision, or covenant contained herein or
the right of the parties to assert or rely upon any such term.
SECTION 7
APPLICABLE LAW
This contract shall be construed in accordance with the laws of the State of Texas.
Should any action, whether real or asserted, at law or in equity, arise out of the
execution, performance, attempted performance or non-performance of this contract
and agreement, venue for-said action-shall lie-in—Tarrant--County,- Texas-or- the - -
Federal Court of the Northern District of the State of Texas.
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SECTION 8 � ;] `�'
Page 5 of 8 'tip ULG�1.
SOLE AGREEMENT
This written instrument constitutes the entire agreement by the parties hereto
concerning the work and services to be performed and any prior or
contemporaneous, oral or written agreement, which purports to vary from the terms
hereof, shall be void.
SECTION 9
SUCCESSORS AND ASSIGNS
The City and CISD shall not assign or otherwise transfer its rights and obligations
under this agreement except with prior written consent of the other party, and any
prohibited assignment or transfer shall be null and void.
SECTION 10
AMENDMENT
No amendment, modification or alteration of the terms hereof shall be binding unless
the same is in writing, dated subsequent to the date hereof and duly executed by the
parties hereto.
SECTION 11
PARTIES BOUND
This Agreement shall be binding upon the successors and assigns of both parties in
like manner as upon the original parties.
SECTION 12
SEVERABILITY OF PROVISIONS
If any of the provisions contained in this Agreement shall be held, for any reason, to
be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability, shall e construed as if such inva i , illega , or unenforceable
provision had never been contained herein.
Page 6 of 8 _ _...........
SECTION 13
SECTION HEADINGS
The headings in this Agreement are inserted for reference only, and shall not define
or limit the provisions hereof.
SECTION 14
SIGNATURE AUTHORITY
The undersigned officer and/or agents of the parties hereto are the properly
authorized officials and have the necessary authority to execute this Agreement on
behalf of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed duplicate counterparts
oft a Agreement and any attachments and exhibits this 5) + day of
200 8.
CITY OF FORT WORTH CROWLEY INDEPENDENT �►
SCHOOL DISTRICT
By: By
C 1 smart Greg Gib Superintendent
Ling Assistant City Manager
ATTEST: ATTEST:
By: By:
-City Secretary - -- -__ _ -- - �l -Secretary
contract Author i zatioi CITY
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Page 7 of 8 �dto --
APPROVED AS TO FORM APPROVED AS TO FORM
AND LEGALITY: AND LEGALITY:
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By: By:
Assistant Cit Attorney SD ttorney
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RESOLUTION _ Page 8
C\Documents and Settingslpitchih\Local SetlingslTemporary Internet Files\OLK131Crowley Intertocal 10 4 07.doc
Page 1 of
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/11/2006 - Ordinance No. 17046-07-2006
DATE: Tuesday, July 11, 2006
LOG NAME: 80CISD REFERENCE NO.: C-21565
SUBJECT:
Authorization to Enter into an Interlocal Agreement with the Crowley Independent School District to
Master Plan and Develop a Joint Use Facility at Southwest Community Park
RECOMMENDATION:
It is recommended that the City Council:
1, Authorize the City Manager to enter into an Interlocal Agreement with the Crowley Independent School
District to Master Plan and Develop a Joint Use Facility at Southwest Community Park, and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by
$348,118.60 in the Park Gas Lease Project Fund from Gas Well Bonus Revenues for Southwest
Community Park,
DISCUSSION:
In the 1986 Capital Improvement Program, $1,250,000 was allocated for acquisition and development of a
community park to serve the citizens of far southwest Fort Worth. The acquisition of the property was
delayed for a number of years due to an unfavorable economic climate which at the time prevented the City
from assuming any additional debt or operating cost. Fortunately, the economic climate changed and the
City was able to purchase 76.697 acres of property just west of the intersection of Hulen and Risinger Road
in December of 1996. The site was selected based on public input and the potential to partner with the
Crowley Independent School District which purchased 128.43 acres adjacent to the park for construction of
a new High School, Ninth Grade Campus and assorted support and athletic facilities.
In October of 1998, the Parks and Community Services Department (PACSD) secured the services of a
consultant to begin preliminary design of the site and actively sought grant funding through the Texas Parks
and Wildlife Department (TPWD). Intense competition for these grant funds as well as a decrease in the
amount of funds available proved unfavorable for this project and the PACSD withdrew the application after
consulting with staff from the TPWD. In addition to the lack of sufficient funds to develop the site, access
issues along the proposed McPherson Street on the western boundary of the park were in question. For
these reasons, the development of Southwest Community Park was placed on hold.
Over the last several months, circumstances which had prevented the development of Southwest
Community Park have changed permitting the PACSD to move forward with development of the site. The
final alignment of McPherson has been confirmed and sufficient funding to begin developing the site has
been secured. In addition to the remaining balance of$590,000 in the 1986 Capital Improvement Program,
gas lease bonus funds in the amount of$348,118.60 are also available for development of the site.
In addition to these funds, the potential also exist to construct a joint use facility on the park site in
partnership with the Crowley Independent School District (CISD). Included in the 2004 Capital
Improvement Program was $2.5 million for the construction of a new Community Center to serve far
southwest Fort Worth. At about the same time, voters in the CISD approved a bond program which
included $15 million for the construction of a natatorium. Staff from the PACSD have been in discussions
ttp://www.cfwnet.org/council_packet/Reports/mc_print.asp 3/3/200:
Page 2 of:
with the new Superintendent of CISD about the possibility of constructing a joint use facility that would serve
both the recreational and aquatic needs of the community and the competitive swimming needs of the
CISD.
These discussions have progressed to the point that a more detailed analysis is necessary. The CISD has
indicated they are willing to share their existing athletic facilities with the PACSD provided the City provides
the necessary maintenance and programming. PACSD has similar arrangements with other school districts
that have facilities located within the City limits. Staff is recommending an interlocal agreement be
established with the CISD in order to proceed with master planning Southwest Community Park to
accommodate a joint use facility and in consideration of the potential to utilize CISD's existing athletic
facilities. This agreement will produce a partnership resulting in a planning effort maximize the use of
resources and avoid duplication of services.
Besides the site considerations for a joint use facility, in cooperation with the CISD a detailed marketing
analysis will also be conducted in order to determine the type of facility to construct and the amenities to
provide that will stimulate the greatest use by both the public and the CISD users. With this information in
hand, a business model can be developed that will ensure sufficient revenues are generated to offset the
majority of the operating costs that would be expected for such a facility.
On April 24, 2006, the PACSD received a letter of intent from the CISD to move forward with this
partnership. The CISD is willing to fund a portion of the master planning process based on the percentage
of acreage the natatorium and associated facilities have on the overall acreage of the park site. Secondly,
they have agreed to fund 50% of the cost of the feasibility/marketing study. They have also recommended
that a citizen's advisory committee with representation from both the City of Fort Worth and the CISD be
established to help guide the process.
Upon approval of this agreement, staff from each of the entities will move forward with selection of a
consultant to begin the master planning process and detailed marketing analysis.
This project is located in COUNCIL DISTRICT 6.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of
the Park Gas Lease Project Fund.
TO Fund/Account/Centers FROM Fund/AccountlCenters
C282 539120 806920043410 $348,118.60
C282 446100 806920043410 $348,118.60
Submitted for City Manager's Office by: Libby Watson (6199)
Originating Department Head: Randle Harwood (Acting) (5704)
Additional Information Contact: Harold Pitchford (871-5728)
ttp://www.cfwnet.org/council_packet/Reports/mc_print.asp 3/3/200:
Ordinance No. 17046-07-2006
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN
THE PARK GAS LEASE PROJECT FUND IN THE AMOUNT OF$348,118.60 FROM GAS
WELL BONUS REVENUES FOR THE PURPOSE OF FUNDING THE SOUTHWEST
COMMUNITY PARK; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS
ORDINANCE CUMULATIVE OF PRIOR ORDINANCES IN CONFLICT HEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2005-2006 in the
Budget of the City Manager,there shall also be increased estimated receipts and appropriations in the Park
Gas Lease Fund in the amount of$348,118.60 from Gas Well Bonus revenues for the purpose of funding
the Southwest Community Park.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid,inoperative or void
for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way
impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining
provisions shall be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance No. 16582 and all other ordinances and appropriations
amending the same except in those instances where the provisions of this ordinance are in direct conflict
with such other ordinances and appropriations, in which instance said conflicting provisions of said prior
ordinances and appropriations are hereby expressly repealed.
SECTION 4.
This ordinance shall take effect upon adoption.
A ROVED AS TO FORM AND LEGALITY:
Assistan City ttorney
ADOPTED AND EFFECTIVE: July 11 2006
Page 1 of
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/24/2007 - Ord No. 17671-07-2007
DATE: Tuesday, July 24, 2007
LOG NAME: 80SWCENTER REFERENCE NO.: C-22270
SUBJECT:
Authorize the Execution of Professional Services Agreement with Brinkley Sargent Architects to
Conduct a Feasibility Study and Conceptual Design for a Joint Use Facility at Southwest Community
Park and Adopt the Attached Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to accept $40,250 from the Crowley Independent School District as their
cost participation share for Phase I Market/Financial Analysis Study and Phase II - Joint Use Facility
Conceptual Master Plan/Joint Use Facility Operation Feasibility Study for a Joint Use Facility at Southwest
Community Park Phase One Assessment Services;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Parks
Improvements Fund by $40,250 from available funds contingent upon receipt of the check from Crowley;
and
3. Authorize the City Manager to execute a professional services agreement with Brinkley Sargent
Architects in the amount of $80,500 for Phase I Market/Financial Analysis Study and Phase 11 - Joint Use
Facility Conceptual Master Plan/Joint Use Facility Operation Feasibility Study for a Joint Use Facility at
Southwest Community Park.
DISCUSSION:
On July 11, 2006, (M&C C-21565) the City Council authorized the City Manager to enter into an Interlocal
Agreement with the Crowley Independent School District (CISD) to master plan and develop a joint use
natatorium/community center facility at Southwest Community Park. Subsequent discussions held between
the Parks and Community Services Department (PACSD) and CISD determined a more detailed market
analysis was necessary. In January 2007 interviews were held and the firm of Brinkley Sargent Architects
was selected to perform Phase I and II services for this joint venture.
Phase I and II services will include a detailed market survey, financial analysis of facility development and
operation and preliminary concept design of the proposed joint use natatorium/community center
facility. These services are scheduled to be completed by January 2008, at which time PACSD and CISD
will negotiate scope of services for final design and preparation of construction documents.
M/WBE Waiver was approved, based on the information provided to the M/WBE Office by the managing
department requesting the waiver.
The Southwest Community Park Joint Use Facility is located in COUNCIL DISTRICT 6.
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Page 2 of
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations, receipt of the check from
Crowley ISD and adoption of the attached appropriation ordinance, funds will be available in the current
capital budget, as appropriated, of the Parks Improvement Fund.
TO Fund/Account/C enters FROM Fund/Account/Centers
C280 488100 806450012930 $40,250.00 C280 539120 806450012930 $80,500.00
C280 539120 806450012930 $40,250.00
Submitted for City Manager's Office by: Libby Watson (6183)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: Mike Ficke (5746)
ttp://www.cfwnet.org/council_packet/Reports/mc_print.asp 3/3/200:
I
Ordinance No. 17671-07-2007
i
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN
THE PARK IMPROVEMENTS FUND IN THE AMOUNT OF$40,250 CONTINGENT UPON
THE RECEIPT OF FUNDS FROM CROWLEY ISD FOR THE PURPOSE OF FUNDING
PHASE I — MARKET / FINANCIAL ANALYSIS STUDY AND PHASE II — JOINT USE
FACILITY CONCEPTUAL MASTER PLAN / JOINT USE FACILITY OPERATION
FEASIBILITY STUDY FOR A JOINT USE FACILITY AT SOUTHWEST COMMUNITY
PARK.; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES IN
CONFLICT HEREWITH;AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2006-2007 in the
Budget of the City Manager,there shall also be increased estimated receipts and appropriations in the Park
Improvements Fund in the amount of$40,250 contingent upon the,receipt of funds from Crowley ISD for the
purpose of funding Phase I—Market/Facility Analysis Study and Phase II—Joint Use Facility Conceptual
Master Plan/Joint Use Facility Operation Feasibility Study for a Joint Use Facility at Southwest Community
Park.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void
for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way
impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining
provisions shall be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance No. 17142 and all other ordinances and appropriations
amending the same except in those instances where the provisions of this ordinance are in direct conflict
with such other ordinances and appropriations, in which instance said conflicting provisions of said prior
ordinances and appropriations are hereby expressly repealed.
SECTION 4.
This ordinance shall take effect upon adoption.
APPROV AS TO F R D L GALITY:
Assistant City tto y
ADOPTED AND EFFECTIVE: July 24,2007
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