HomeMy WebLinkAboutContract 49714-R3 CSC No. 49714-R3
THIRD AMENDMENT TO CITY SECRETARY CONTRACT NO. 49714
AN AGREEMENT BETWEEN THE CITY OF FORT WORTH AND
FORT WORTH VAQUEROS SOCCER ACADEMY FOR SYCAMORE PARK
This THIRD AMENDMENT TO CITY SECRETARY CONTRACT NUMBER
49714 ("Third Amendment") is made and entered into by and between the CITY OF FORT
WORTH ("City), a home-rule municipal corporation of the State of Texas, acting by and through
its duly authorized representative, and the FORT WORTH VAQUEROS SOCCER
ACADEMY, a Texas Nonprofit Corporation acting by and through its duly authorized
representative ("Vaqueros"). The City and the Vaqueros are referred to herein individually as a
("Party") and collectively as the ("Parties").
WHEREAS, on or about September 28, 2017 the Parties executed an agreement for the
Vaqueros to operate and manage a Soccer Facility in Sycamore Park,the same being City Secretary
Contract Number 49714 ("Agreement");
WHEREAS, the Agreement requires the Vaqueros to pay the City an annual Fee to
reimburse the City's costs in repurposing a Tennis Complex into the Soccer Facility, for a total
payment during the Primary Term of the Agreement in an amount up to $183,700.00 plus 3.5
percent interest;
WHEREAS, the Agreement further requires the Vaqueros to annually contribute
$15,000.00 in Maintenance Funds into a separate account for major maintenance, repairs and
replacement reserve funding for the Soccer Facility;
WHEREAS, the Agreement further requires the City and the Vaqueros to execute a
memorandum establishing the Effective Date of the Agreement and established the dates for the
payments of the Fee and the deposits of the Maintenance Funds;
WHEREAS,on December 6,2018, a memorandum establishing an Effective Date of June
4, 2018 was executed by the Parties and filed with the City Secretary as City Secretary Contract
Number 49714-A1;
WHEREAS, on March 1, 2019 the Parties amended the Agreement to revise the dates for
the payments of the Fee and the deposits of the Maintenance Funds;
WHEREAS, as a result of COVID-19, on October 12, 2020, City deferred Vaqueros'
December 1, 2020 and June 3, 2021 payments to June 3, 2028 and December 1, 2028;
WHEREAS, it is the collective desire of the Parties to amend the Agreement and extend
the Primary Term through June 4, 2029;
WHEREAS, the Parties wish to set forth the terms and conditions for the deferred
payments; and
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, the City and the Vaqueros agree to amend the Agreement as follows:
OFFICIAL RECORD
Third Amendment to CSC No.49714 CITY SECRETARY 1 of3
FT.WORTH,TX
I.
Subsection 2.1 of the Agreement is hereby amended to be and read as follows:
2.1 Primary Term. The Term of the Agreement shall be from June 4, 2018 ("Effective
Date") and expire on June 4, 2029 ("Primary Term"). As a condition of payment deferral due to
COVID-19, should the Vaqueros apply for and receive grant funding assistance through the
CARES Act, and the funds are awarded, to address any payments or contributions mentioned
above, or a portion thereof, the funds will be applied to the payment or the maintenance deposit
and the deferral shall be voided or reduced.
II.
Subsection 3.1.2 of the Agreement is hereby amended to be and read as follows:
For the remainder of the Primary Term of the Agreement, Vaqueros shall pay the City the
remaining balance of the Fee as follows:
(a) On or before December 1, 2022, Vaqueros shall pay the City$12,325.00.
(b) On or before June 3, 2023, Vaqueros shall pay the City$12,325.00.
(c) On or before December 1, 2023, Vaqueros shall pay the City$12,325.00.
(d) On or before June 3, 2024, Vaqueros shall pay the City$12,325.00.
(e) On or before December 1, 2024, Vaqueros shall pay the City$12,325.00.
(f) On or before June 3, 2025, Vaqueros shall pay the City$12,325.00.
(g) On or before December 1, 2025, Vaqueros shall pay the City$12,325.00.
(h) On or before June 3, 2026, Vaqueros shall pay the City$12,325.00.
(i) On or before December 1, 2026, Vaqueros shall pay the City$12,325.00.
0) On or before June 3, 2027, Vaqueros shall pay the City$12,325.00.
(k) On or before December 1, 2027, Vaqueros shall pay the City$12,325.00.
(1) On or before June 3, 2028, Vaqueros shall pay the City$12,325.00.
(m)On or before December 1, 2028, Vaqueros shall pay the City$12,643.00.
III.
1. All terms in this Third Amendment that are capitalized but not defined shall have
the same meanings assigned to them in the Agreement.
2. All terms and conditions of the Agreement that are not expressly amended pursuant
to this Third Amendment shall remain in full force and effect.
(Signatures on following page)
Third Amendment to CSC No.49714 2 of 3
IN WITNESS WHEREOF, the Parties hereto have executed this Third Amendment in
Tarrant County, Fort Worth, Texas.
City: Fort Worth Vaqueros Soccer Academy:
00*� BY
Michwl Hitchccckjftoy 3,202207-54[6Tf
Name: Jesica McEachem Name: Michael Hitchcock
Title: Assistant City Manager Title: Director
Date: Nov 14, 2022 Date: Nov 3, 2022
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommended: Contract Compliance Manager:
By signing I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
By: ensuring all performance and reporting
Name: Dave Lewis requirements.
Title: Acting Director
Park & Recreation Department
'4hI.-1�Aj Name. Marcus Gallegos
y: Sand2you od(Nov7,2022Ss:llCSC Title: District Superintendent—Athletics
Name: Sandra Youngblood Park & Recreation Department
Title: Assistant Director
Park & Recreation Department
City Secretary:
Approved as to Form and Legality:
.7q�l�l2tt2 c� C7000?'GI�G
By:
Jan nette S.Goodall(Nov 14,202213:54 CST)
AU Name: Jannette S. Goodall 4ag4aan��
'p FOnr as
$y; :12 09-2oc07) Title: City Secretary XY 0°° 00o-
Name: Nico Arias ado o-- 0
Title: Assistant City Attorney �*o a=d
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a�rEXASaa
Contract Authorization:
M&C: C-28220 (512/2017); C-28373
(9/12/2017)
Form 1295: Z017-151415
OFFICIAL RECORD
CITY SECRETARY
3 of 3
Third Amendment to CSC No.49714
FT.WORTH,TX
8/24/22,2:48 PM M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORTWORTII
COUNCIL ACTION: Approved on 5/2/2017
Create New From This M&C
DATE: 5/2/2017 REFERENCE C-28220 LOG NAME: 8080SYCPARKFWVAQUEROS
NO..
CODE: C TYPE: NOW PUBLIC NO
CONSENT HEARING:
SUBJECT. Authorize Execution of a Contract with the Fort Worth Soccer Group LLC d/b/a Fort Worth
Vaqueros FC, to Operate and Manage a Future Soccer Facility on a Portion of Sycamore
Park (COUNCIL DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an Agreement with the Fort Worth
Soccer Group LLC d/b/a Fort Worth Vaqueros FC, to operate and manage a future soccer facility at
Sycamore Park for an initial period of ten years, with two option five-year renewal terms.
DISCUSSION:
The purpose of this Mayor and Council Communication is to authorize the execution of an Agreement with
the Fort Worth Soccer Group LLC d/b/a Fort Worth Vaqueros FC (Vaqueros) to operate and manage a
future soccer facility on a portion of Sycamore Park (Soccer Facility). The tennis courts at Sycamore Park
were originally constructed in 1915. The current condition of the courts is subpar and staff has observed
little to no activity on the courts over the course of several visits.
In May 2016, the Vaqueros, an amateur American soccer team in the National Premier Soccer League,
submitted a proposal to the Park and Recreation Department (PARD) to have the tennis courts repurposed
and renovated into a youth-sized synthetic surface soccer field (55 yards x 35 yards). Throughout the
organization's history, the Vaqueros have been involved within the Fort Worth community and have a vision
of a free professional youth soccer academy in Fort Worth to serve the age groups of under 7 through
under12.
The overall project would include removal of the existing tennis nets and posts, installation of a drainage
pad system, synthetic turf, new posts, chain link fence, new access gate, player benches, and a
scoreboard. The City would be responsible for all costs associated with the repurposing and renovation of
the tennis courts up to $183,700.00. Any cost above the allocated amount of City funding will be
assumed by the Vaqueros. Upon completion, the Vaqueros will pay the City a fee to manage and operate
the new Soccer Facility. The Soccer Facility will be utilized primarily as a free youth academy training
facility. In addition, the Vaqueros will conduct fee based league play (7 versus 7)for adults and youths, and
Vaqueros Soccer Camps during spring break, summer, and holidays.
The Park and Recreation Department (PARD)will retain responsibility for maintaining the lighting system,
paying utilities and maintaining the grounds outside the fenced perimeter of the Soccer Facility. The
Vaqueros will assume responsibility for all costs associated with maintaining the area within the fenced
perimeter of the Soccer Facility to include ongoing maintenance and repairs associated with day-to-day
usage and any unforeseen damage caused by vandalism. The Vaqueros will also be responsible for all
costs associated with the management and operations of its programs and would retain the authority to
assess and collect fees for league play, tournaments, and sponsorships. The PARD would retain the option
to utilize the facility during non-peak hours primarily for rentals to youth and adult soccer teams for practice
and games. The City's use is estimated at 100 hours per year, resulting in approximately$3,750.00 in
annual revenues.
apps.cfwnet.org/council_packet/mc_review.asp?I D=24227&councildate=5/2/2017 1/2
8/24/22,2:48 PM M&C Review
The initial term of the Agreement will be for 10 years and include two optional five-year renewals. As part of
the consideration for managing and operating the Soccer Facility, the Vaqueros have agreed to pay the City
for the City's costs of the improvements for the Soccer Facility up to $183,700.00, plus 3.5 percent interest,
over the life of the initial term. The Vaqueros will pay the City$10,000.00 in year one with equal payments
of the remaining balance for years two through ten. The parties will negotiate the fee for any renewal
terms. In addition to the annual payment to the City, the Vaqueros will contribute funds into a special
maintenance and repair fund annually to address ongoing maintenance and repairs to the Soccer
Facility. The fund will be held and maintained by the Vaqueros. The City and Vaqueros will work
cooperatively over the term of the Agreement to develop and update a priority list of maintenance and
repairs.
Staff contacted the Fort Worth Tennis Association, which expressed no opposition to the repurposing of the
courts. A public meeting was held at Sycamore Community Center on September 19, 2016 and no
opposition was registered.
On September 28, 2016, the Park and Recreation Advisory Board endorsed this plan.
Sycamore Park is located in COUNCIL DISTRICT 8.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the Future Community Partnerships
programmable project within the General Capital Project Fund. The PARD has the responsibility to collect
all funds under this Agreement.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
FROM
I Fund Department Account Project Program Activity Budget Reference# Amount
I ID ID I I Year (Chartfield 2)
Submitted for City Manager's Office by_ Susan Alanis (8180)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: Nancy Bunton (5717)
ATTACHMENTS
2017 SAMPLE SCHEDULE Sycamore Project. (Public)
2017Vaqueros1295.pdf (Public)
Tennis Courts Conversion Attachment.pgf (Public)
apps.cfwnet.org/council_packet/mc_review.asp?ID=24227&councildate=5/2/2017 2/2
8/24/22,2:49 PM M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORTWORTII
COUNCIL ACTION: Approved on 9/12/2017
Create New From This M&C
DATE: 9/12/2017 REFERENCE ,C-28373 LOG NAME: 8080VAQUEROSAMENDMENT
NO..
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT. Amend Mayor and Council Communication C-28220 to Revise the Name of the Contracting
Party from Fort Worth Soccer Group, LLC, d/b/a Fort Worth Vaqueros FC to Fort Worth
Vaqueros Soccer Academy (COUNCIL DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council amend Mayor and Council Communication C-28220 to revise
the name of the contracting party from Fort Worth Soccer Group, LLC, d/b/a Fort Worth Vaqueros FC
to Fort Worth Vaqueros Soccer Academy.
DISCUSSION:
On May 2, 2017, Mayor and Council Communication (M&C C-28220)was approved by the City
Council for the execution of a contract with Fort Worth Soccer Group LLC, d/b/a Fort Worth Vaqueros
FC (Vaqueros) to operate and manage a future soccer facility on a portion of Sycamore Park. The
Vaqueros are requesting the name change so the contract will be with their 501(c)(3) non-profit, Fort
Worth Vaqueros Soccer Academy.
Sycamore Park is in COUNCIL DISTRICT 8.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that this action will have no material effect on City Funds.
TO
Fund Department Account Project Program Activity Budget Reference#fi Amount
ID ID I Year �(Charteld 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID I I ID I I Year Chartfield 2
Submitted for City Manager's Office by_ Susan Alanis (8180)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: Nancy Bunton (5717)
ATTACHMENTS
apps.cfwnet.org/council_packet/mc_review.asp?I D=25036&councildate=9/12/2017 1/2
8/24/22,2:49 PM M&C Review
VaquerosAcademy1295.pdf (Public)
apps.cfwnet.org/council_packet/mc_review.asp?ID=25036&councildate=9/12/2017 2/2