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HomeMy WebLinkAboutContract 43978 (2).r II r Ic A I, I.; it I� (, 1) N U ATION December 11, 2012 City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 Re: Forest Park Pool Grant Ladies and Gentlemen: 3131 West 7th St. Ste 400 Ft. Worth, TX 76107 817.632.5200 (main) 817.632.5220 (fax) www.radlerfoundation.org err' St40_;-)111/?..\A Cal ACT It is our pleasure to inform you that the Board of Directors of The Radler Foundation (the "Foundation") has authorized a grant of up to Five Hundred Thousand Dollars ($500,000) (the "Grant") to the City of Fort Worth, a home rule municipal corporation of the State of Texas located within Tarrant, Denton, Parker and Wise Counties, Texas (the "City"). The grant is subject to the terms and conditions outlined in this letter ("Grant Agreement"). 1. Purpose of Grant. As further described herein, the Grant is to be utilized for the public purpose of the repair of the City's public swimming pool located at 2850 Park Place Avenue, Fort Worth, Texas and known as Forest Park Pool (the "Pool"). Particularly, the Grant shall be utilized for the Pool Repairs (as herein defined). As described herein, the Grant funds shall be advanced to the City from time to time for the City to utilize for the Funding Percentage (as herein defined) of the Pool Repairs. 2. Pool Repairs. The Grant shall be utilized by the City exclusively for the pool repairs, including defined contingency amounts, identified in the document entitled "Forest Park Pool-PACS Maintenance Items and Estimated Costs" (collectively, the "Pool Repairs" and individually a "Pool Repair") which is attached hereto as Exhibit A and incorporated herein for all purposes. The allocation of the Grant to the Pool Repairs shall occur as outlined in Section 3 below. It is acknowledged that the Grant will not satisfy 100 percent of the total cost of the Pool Repairs, and the City acknowledges that it has budgeted for its share of the costs, as outlined in Section 3. It is agreed by the parties that the Foundation shall not have any responsibility or liability to fund completion of the Pool Repairs to the extent such Pool Repairs are unable to be funded by the Grant. The Foundation shall also have no responsibility or liability to fund any pool repairs not outlined in Exhibit A; however, if the repairs listed in Exhibit A cost less than is projected, in accordance with Section 3, savings may be allocated to fund a portion of cost overruns of other listed repairs or of the cost of unforeseen repairs not outlined in Exhibit A. Accordingly, the City shall be responsible for ensuring the payment of the Pool Repairs to the extent such are unable to be funded by the Grant. The City shall likewise be responsible for coordinating and ensuring pay 'e_nt, f; ; pe c mpleti! n of the Pool Repairs. The Foundation shall also have no responsi ili or _i any „ ►CRTAR I ['II:, Ignpriall Tx 2 P "I Radler Foundation Page 2 future expenditures toward the Pool. The City shall coordinate and perform or ensure performance of the planning, construction and supervision of the Pool Repairs in their e ntirety. 3. Allocation of the Grant to the Pool Repairs. Generally, and as further explained in Exhibit A and described in paragraph three of this section, the Grant is to fund two- thirds [66.67 percent] of each itemized Pool Repair (the "Funding Percentage"). Accordingly, as contemplated in Section 2 of this Grant Agreement, the City shall be responsible for the remaining one-third [33.33 percent] of each itemized Pool Repair. As reflected in the contingency amounts listed in Exhibit A, grant funds may be used to pay the Funding Percentage of (i) cost overruns that do not exceed three percent (3%) of the estimated costs of the individual items outlined in Exhibit A and (ii) unforeseen repairs that do not exceed ten percent (10%) of the total estimated cost of all individual items outlined in Exhibit A. Should the actual cost of an itemized Pool Repair exceed the e stimated cost for such repair as outlined in Exhibit A by greater than three percent (3%) o r should the cost of unforeseen repairs exceed the total estimated cost of all individual items outlined in Exhibit A by greater than ten percent (10%), the Foundation reserves the right to not fund any cost in excess of the maximum allowable budget variances. Should the actual cost of an itemized Pool Repair be less than the estimated cost for such repair as outlined in Exhibit A, the Foundation reserves the right, but is not o bligated, to use this difference to fund cost overruns for other listed repairs or to fund the cost of other unforeseen repairs not reflected in Exhibit A. It is anticipated that the total cost of all itemized and unforeseen repairs encompassed by Exhibit A shall equal Seven Hundred and Fifty Thousand Dollars or more, with the Grant from the Foundation providing $500,000.00, and the City ensuring payment of the remainder. If the total cost of all itemized and unforeseen repairs encompassed by Exhibit A is more than Seven Hundred and Fifty Thousand Dollars ($750,000.00), the City shall be responsible for ensuring payment of all excess costs. If the total cost of all itemized and unforeseen repairs encompassed by Exhibit A is less than Seven Hundred and Fifty Thousand Dollars ($750,000.00), such savings shall be allocated two-thirds [66.67 percent] to the Foundation and one-third [33.33 percent] to the City For example, if the total cost of repairs encompassed by Exhibit A is $700,000.00, the Foundation shall provide funding in the amount of $466,690.00, and the City shall provide funding in the amount of $233.310.00, the savings of $50,000.00 shall be allocated $33,335.00 to the Foundation and $16,665.00 to the City. 4. Escrow and Payment of Grant Funds. Within seven (7) days of the City's execution of this Grant Agreement, the Foundation shall place Five Hundred Thousand Dollars ($500,000) in the form of cash (the "Escrow Property") in escrow with an escrow agent (the "Escrow Agent") with account restrictions that ensure that funds cannot be unilaterally withdrawn until the pool repairs have been completed or this Agreement has been otherwise terminated. The City shall have no obligation to undertake any pool repairs under this Grant Agreement if the Foundation fails to do the foregoing. The Radler Foundation Page 3 Escrow Property shall be utilized by the Foundation for the Funding Percentage of costs of the Pool Repairs as contemplated herein. As described herein, Grant funds will be disbursed from the Escrow Property and be paid to the City from time to time to reimburse the City for the Funding Percentage of the cost of the Pools Repairs the City incurs. (a) No later than the tenth (10th) day of each month, the City shall submit to the Foundation a request for a payment of a portion of the Grant funds ("Funding Request"). The Funding Request shall identify the amount requested which shall not exceed the amount representing the total amount of the Funding Percentages of the various Pool Repairs, the costs of which the City incurred in the preceding month, and which have not been previously reimbursed by the Foundation. Such Pool Repairs shall be itemized in the Funding Request and invoices and verification of payment of the same shall be attached to the Funding Request. If the Foundation determines an error or an issue with a Funding Request, or requires additional information from the City regarding a Funding Request, the Foundation shall so notify the City in writing within fifteen (15) days of receiving such Funding Request (such notice, ' Notice"). In the absence of Notice within such 15-day period by the Foundation to the City, the Foundation shall direct the Escrow Agent to pay to the City the amount requested in the Funding Request within thirty (30) days of the Foundation's receipt of the applicable Funding Request. (b) Upon receipt of Notice from the Foundation, the City shall work with the Foundation to resolve such error or issue and/or to provide such additional information requested. The Foundation may, in its sole discretion, direct the Escrow Agent to not make a disbursement to the City for the applicable Funding Request until the issues with respect to the disputed Funding Request are resolved to the reasonable satisfaction of the Foundation. Any interest and other earnings on the Escrow Property while in escrow shall accrue to the Foundation and shall be paid to the Foundation upon the disbursement of a total of up to Five Hundred Thousand Dollars ($500,000) by the Escrow Agent to the City. Should there be any compensation owed to the Escrow Agent, the Foundation shall be solely responsible for the compensation of the Escrow Agent for services rendered. The Foundation shall likewise be solely responsible for expenses incurred by the Escrow Agent in accordance with the performance of its duties and enforcement of its rights pursuant to its agreement with the Escrow Agent. Such fees and expenses shall first be charged to and set-off and paid from the interest and other earnings on the Escrow Property by Escrow Agent. Compensation to the Escrow Agent, if any, shall in no way reduce or otherwise impact the total amount of Grant funds disbursed to the City. Radler Foundation Page 4 Should Escrow Property remain following reconciliation of expenses after conclusion of the Pool Repairs, such Escrow Property shall be returned to the Foundation. 5. Five Years. Following the completion of the Pool Repairs, the City shall undertake all reasonable efforts to ensure that the Pool remains operational and open to the public during the summer swimming season for a minimum of five (5) years. 6. Instances Where Grant Agreement Void. Notwithstanding the foregoing, should construction related to the Pool Repairs not commence by [January 23, 2013], the Escrow Property shall be returned to the Foundation and this Grant Agreement shall become void. For purposes of this Agreement, construction shall be considered to have commenced when work, including, but not limited to, demolition or grading, begins at the pool site. Likewise, if prior to or while the Pool Repairs are being performed, the Pool Repairs must cease due to a finding that would make the repairs completely u nfeasible from a safety or budget perspective determined in the mutual agreement of the parties, the remaining undisbursed Escrow Property shall be returned to the Foundation, and the Foundation may immediately declare the Grant Agreement void. 7 Venue. Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, or attempted performance of this Agreement, venue for said action shall lie in Tarrant County, Texas. 8. Severability. If any provision of this Agreement is held to be invalid, illegal or u nenforceable, the validity, legality and enforceability of the remaining provisions shall n ot in any way be affected or impaired. If the City is in agreement with the terms and conditions set forth in this Grant Agreement, please acknowledge the City's agreement by executing this Grant Agreement below and returning a copy of the Grant Agreement to the Foundation. This Grant Agreement shall not be binding on the Foundation unless the City returns a copy of the Grant Agreement to the Foundation within thirty (30) days of the date of this Grant Agreement. Very truly yours, B.J. Goer en Director Radler Foundation Page 5 Terms and conditions of this Grant Agreement acknowledged, accepted and agreed to: By: Ma-- L/CC-CtAAA7) Susan Ai Assistant City Manager RECOMMENDED BY: R' hard Zavala, Director Parks and Community Services Department APPROVED AS TO FORM AND LEGALITY:. By: Denis C. McElroy, Asst. City Attorney ATTEST: M4C,L2'() ..s.c>b cost titt4 � A*00 °fi ��� o Qt'. 8 o 0 EX Ph17,_•<,- OFFICIAL RECOR© N rMN SECRETARY M&C Review Page 1 of 3 IL Official site of the City of Fort Worth, Texas FORT WoRru COUNCIL ACTION: Approved on 12/11/2012 - Ordinance Nos. 20534-12-2012 & 20535-12-2012 DATE' CODE: SUBJECT: 12/11/2012 REFERENCE NO.: G TYPE: G-17766 NON - CONSENT LOG NAME: PUBLIC HEARING: 80FOREST PARK POOLGRANT - REPAIR NO Authorize Execution of a Grant Agreement with The Radler Foundation in an Amount Up to $500,000.00 for Repairs to the Forest Park Pool, Authorize Transfer in the Amount of $330 000 00 from the Capital Projects Reserve Fund to the Specially Funded Capital Projects Fund and Adopt Appropriation Ordinances (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of a grant Agreement with The Radler Foundation for the repair of the Forest Park Pool; 2. Authorize the acceptance of a grant from The Radler Foundation in an amount up to $500,000.00 for the repair of the Forest Park Pool; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Capital Projects Reserve Fund in the amount of $330,000.00 from mailable funds; 4. Authorize the transfer in the amount of $330,000.00 from the Capital Projects Reserve Fund to the Specially Funded Capital Projects Fund; and 5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $830,000.00 from available funds. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the City Manager to enter into a grant Agreement with The Radler Foundation in an amount up to $500,000 00 for repairs to the Forest Park Pool and to authorize a transfer in the amount of $330 000 00 from the Capital Projects Reserve Fund to the Specially Funded Capital Projects Fund The total project budget for repairs to the Forest Park Pool is in the amount of $830 000.00, which includes estimates for mechanical and filtration repairs and overall project contingencies. The Budget Office has identified the amount of $330,000.00 in the Capital Projects Reserve Fund for the City s matching funds for the repairs to Forest Park Pool. On December 14, 2010, (M&C G- 17155) the City Council approved transferring the amount of $10 000,000.00 of excess fund balance from the General Fund to the Capital Projects Reserve Fund for the purpose of funding high -priority capital projects. Forest Park Swimming Pool was originally built in 1922, as a fill and drain pool without a filtration system A major renovation took place in 1967 which reconfigured the pool to its current shape, added a new bathhouse, new piping and a filtration system. Another renovation completed in 1992 consisted of the reconstruction of the pool resulting in the addition of a zero depth entry PVC liner, vacuum sand filtration system, and stainless steel gutters. In July 2010, the City was forced to close the pool due to the failure of the 18 year old pool liner that httn://anns.cfwnet.ori/council nacket/mc review.asn?ID=17752&councildate=12/11/2012 12/13/2012 M&C Review Page 2 of 3 was installed in 1992. In Fiscal Year 2011, there were no swimming pools operated by the City of Fort Worth (Sycamore Spray -Ground was open) In an effort to mitigate the closure of the pools, the City entered into an Agreement with the YMCA of Metropolitan Fort Worth that allowed public access to four YMCA pools during designated hours with payment of a nominal admission fee. The closure of all seven City pools for the 2011 swim season resulted in a high level of public concern for the absence of aquatic facilities operated by the City of Fort Worth and heightened the awareness of City administrators, policy -makers and other community -based private entities of the public's level of desire and interest for the provision of these services. One of the private community based entities that expressed interest in working with the City to get a pool re opened was The Radler Foundation a private not -for -profit foundation. Under the direction of the City Manager's Office, and with support from the Office of the Mayor and the City Council District 9 Office, the Parks and Community Services Department (PACS) was tasked with exploring the potential for a jointly funded public -private cooperative effort that would result in a sufficient amount of repairs to re -open the pool. In anticipation of this possibility, the PACS secured design/professional services through the Department of Transportation and Public Works/Architectural Services and Facilities annual Agreement for preparation of construction documents for the repair of the Forest Park Pool. The City and The Radler Foundation have agreed to fund the repair work on a 2/3 Foundation to 1/3 City basis, up to the amount of $750,000.00 Any costs associated with the repair of the Forest Park Pool in excess of $750,000 00 are to be funded by the City. The total project budget that is requested under this M&C is $830,000.00, which includes $330,000.00 of Capital Projects Reserve Fund and incorporates a percentage contingency to allow for any additional unforeseen costs that might occur given the advanced age of the infrastructure If cost savings are realized below $750,000 00, the savings are to be allocated on a 2/3 Foundation and 1/3 City basis. Under the proposed grant Agreement, the Foundation will deposit its funds into an escrow account, and the City will be able to draw down from the account to be reimbursed for the Foundation's percentage of repairs as they occur. In addition to the grant from The Radler Foundation, other vendors have committed to contribute professional and construction services to the project. Forest Park Pool is located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services 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 Specially Funded Capital Projects Fund. TO Fund/Account/Centers 2)C291 488100 809490205980 3) GC10 538070 013010001000 4&5) C291 472010 8094902059XX 3)GC10 472010 013010001000 5)C291 488100 809490205980 C291 5VARIOUS 8094902059XX FROM Fund/Account/Centers $500.000.00 $330.000.00 GC10 538070 013010001000 $330.000.00 $330.000.00 $500,000.00 $830.000.00 Submitted for Citv Manager's Office bv: Susan Alanis (8180) $330.000.00 httnWarm s_cfwnet.orpr/council nacket/mc review.asn?ID=17752&councildate=12/11/2012 12/13/2012 M&C Review Page 3 of 3 Oriainatina Deaartment Head: Richard Zavala (5704) Additional Information Contact: Scott E. Penn (5750) ATTACHMENTS 80FOREST C291 doc 80FOREST GC10 .doc httn://anns.cfwnet.ora/council nacket/mc review.asp?ID=17752&councildate=12/11/2012 12/13/2012