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HomeMy WebLinkAboutContract 45331 ary sEMITARY CONTRACT NO$OWL .5 1?5- INTERDEPARTMENTAL MEMORANDUM OF UNDERSTANDING The Parrs and Community Services Department (PALS) was approached by the Police Department P requesting the use of a portion of West Parr for the construction of equestrian facilities. on October 23, 2012, City Council approved M C La-1 5459, which found that no feasible or prudent alternative exists for the use of a portion of West Park for the construction of equestrian facilities for the Port Worth Police Department Mounted Patrol Unit. 2. PAC,S grants PID the privilege to use and occupy ten acres in West Parr for the purpose of constructing an equestrian facility, parking lot and other facilities. to support operations (see attached neap "'Premlilses"). As a condition for granting the use of West Parr, PD agrees to maintain, in a condition acceptable to the P CS Director, all turf areas on the Premises. The maintenance shall, at a minimum, consist of the following activities: a Removal of trash on all turf areas, on an as needed basis, prior to rowing. b) Mowing of all turf areas, to a height not to exceed three inches, at least every 14 days during the growing season (typically Larch through November). . c Litter removal and mowing, as required d!u�ring the off--season December through February),, to keep the growth of weeds or other u ndesirabile vegetation on the Premises from reaching such condition as to violate governmental requirements, if any, or be hazardous and/or objectionable to the PASS Director or the ad'jacent property owners. d Maintenance of all planting beds, shrubs and irrigation systems at least monthly or on an as needed basis. e PLC may use chemical or mechanical edging and/or trimming to maintain all irprolveren�ts and structures located on the Prermwises,, including interior fence lines, sidewalks,, driveways and parking lots, to ensure that weeds and other undesirable vegetation in these locations do not exceed 12" in height. Typically this will require maintenance every month year round. Chemical edging shall not be used on exterior fence lines. f PD shall work with the city Forester on minimizing impacts to trees as part of the overall design. Any removal of trees proposed with the development of this project is subject to review and approval by the City Forester and subject to mitigation fees.. Ply assuages the responsibility and liability for any defect in the designs, working drawings and specifications or other engineering documents prepared by its employees, contractors and subcontractors., g At the end of each day, PD agrees to pick up all animal waste, within or near all facilities structures, and place in barrels or other suitable containers to reduice unpleasant odors (with exception of the turnout pastures and dirt arena located INTERDEPARTMENTAL MEMORANDUM OF UNDERS RD Page 1 of 4 CITY SEC FT.WORTH,TX RECEIVED JAN 8 0 2014 to the west of the facilities, structures). Barrels or containers will be emptied at least every other day, or as needed, to ensure odors or ground' contamination is minli�mi�zed'. Proper d'i'sposal of trash, animal waste, garbage, litter and debris shall be the responsibility of PD, at its s,olle cost and expense. 3. If it is determined that PD does not maintain, the Premises as described above, PALS shall give written notice that describes the, Premises 11 condition in reasonable detail to P . PD must commienc,e curing such identified conidli!ti'on(s) within three calendar days upon receiving the notice from PALS. PALS, in its sole discretion, shall determine if maintenance of the Premises is not consistent with above requirements. Failure to maintain the Premises in a ma,nner acceptable to the PACE` Director will result in P maintaining the Prermises and all costs, associated with performing the necessary maintenance, including the cost of management and supervisory overhead, shiallil be bil'l'ed to the PD and said bill shall be paid within 30 days of receipt. 4. PIACS, shall be involved in all negotiations related to the development and construction of the P,remilses. PD shall submit to PALS a copy of' all lans for review, comment, and approval. SACS must ,sign and approval all plans'. There shall be no clearing, grubbing or grading on the property without review and approval' of plans by PALS. 5. All such construction and improvement will be performed in strict compliance with all applicable provisions of the Constitution and laws of the State of Texas and the Charter,: ordinances, regulations, polices, and directives of the City of Fort Worth. PD must fully fell w al'l guid'el'ines and regulations for City of Fort Worth without, waivers or variances approved from PALS. PD must comply with the, full extent of the tree ordinance and, the requirements for tree preservation as required by the City Forester. 6. All utilities necessary for development must be approved by PADS, as utilities may require easements that may trigger as Texas Parks and Wildlife Chapter 26 process. PD or its contractors, shall, at PD's sole cost and expense and su�bject to the prior written approval of the PALS Director', have the right to locate necessary utility lines on the Plrem�ises and adjacent property that City has the right to occupy. 7. PD and its invitees shall obtain all l'icenses and permits necessary for the construction of improvements on the Premlises. PALS shall be involved in the inspection, process for the site for approval. No changes shall be made on site development plan during construction without consultation with PALS. PALS agent must approve final payments and be as signele on the g'reen sheet. PD further agrees that it will leave the Premises in as good or better condition than that which existed prior to its use of the INTERDEPARTMENTAL MEMORANDUM OF UNDERSTANDING PIACS ANID PD Page 2 of 4 Fremis,es,. PD agrees to maintain the Premises and keep same in good repair and i condition at PD's sole cost and expense. 8. PD shall be responsible for all damages caused by PD and its invitees and shall fully repair or otherwise cure all such damages, at its sole cost and expense., The PAC. Director shall determine whether any damage has been done, the amount of' the damiage and the reasonable, costs of repairing, the damage. Any damage by PD,,, or others incident to the exercise of privileges granted,, shall be repaired or replaced by PD to the reasonable satisfaction of the PALS Director within 30 days of receipt of written notification from PALS. 9. In the case of construct,ion, site usage or maintenance conflicts, PID and PALS agree to dliscuss the issue to come to a resolution. If no resolution can be reached, then the resolution of any issue would rise to the level of the City Manager's office. 10. At all time during this agreement, PALS shall have the right, through its agents and representatives, to enter into and upon, the Premises during reasonable business hours for the purpose of examining and inspecting the same for the purpose, of determining whether PD is in compliance with all of its obligations in respect to the use of the Premises. An annual meeting every October will be held between PACS and PD to discuss site usage ,and maintenance and any other contractual issue or concern. 11. PID shall notify FAGS 90 days prior to vacating the P,remlisels. PD shall vacate the Premises, remove all property and restore the Premises to a condition satisfactory to the PAC S Director. All facilities constructed: on the Premises are subject to demiolition and removal at the sole expense of PD. The PALS Director shall in his sole discretion determine if any structures or all structure are to be removed from the Premises. Any stru�ctu�re s) that are not removed shall be used for a purpose determined by the PAC Director and PD shall have no further obligation, under this agreement. AGREED to this date of A Ll IF Ri Vard' Zavala, 114 ctor 7eFv7T ery Halstead, C,h�ief Pa s r I s and Community Servicts Police Department e. Daniels Assistant City Manager S Alanis, Assistant City A & 0 .............. RANDUM OF U AND, P A f4 P govitiAL,REcORD i oll SECS Y TAR oe* 11 CiTy ETAR 000 vioRTHI 5r,X Mary J. er,City 151 PREMISES WEST PARK rr Proposed Equestrian Site Existing FFA Facillity, II' li'V'� � I�u i III �� ,Sgm Localion ny wwa Claw Ail 4f .......... 0 W Mill INTERDEPARTMENTAL MEMORANDUM OF UNDERSTANDING FAGS ANIDPD Page 4 of 4 C Review Page 1 olf 3 Official siLe of the City of Foil Woith,--exas CITY C"OUNCIL AGENDA Fo Rr Wo, [lI /r ,,, ,..Y9/ r I ,l.d, I IY«1,✓ Yl n .,, r i , v. �....,,,n r(r/i/,.. Y%/ ,!�/., I. ,r / � Y �....a ,�r r. ( r.,. ,:,.:e, 1,/s r. A'iv)'h iJ I Is,1/,duv rVw, vw n' VI i W.. r, /Y , „ear' (.,�..,/J /a, r �. a% ,r.,,..:.. ro ,. r/ (b /��r / r r ✓Ud1"i. Vnl+ Imo'`"+' r v. U u,WPb r/,,���.ul.,r/�dliw�rV,:��r��ny,rN w,M.,r'r1N J!i�„J r„ u rYl drh I,�, � �,�8>@b M,„�?�,�,��”r'��r�x1�6!kl��wX2w�r�'�rf✓���4�dC��Irr��l�,r✓„w<�r�9a„i�wl�w/,�IIaI�:V/ruJDrrcic.�4Y�uVVa�rr�xnr�i„W.,�a,rRt'Gsfr.,,fm,,ildwvxfiihn iriVi,',?bl w',nIJrO"J<v v! iulP,?(ul%dGkvpff 'GrNnd¢?a,?rvw!`Nllv,'r!kf'kid'rr4Nl V`k�uG!ud''',rw'rua"rvvf"li !ra✓ COUNCIL ACTION: Approve on 12/11/2012 JJ c,l �� . d� � `�ml , b/,Gr,�/,/'6k6t uV"L,/'U?,✓"r id vrf6AVwarsrrG r r r. rr, r ,r.,2 i i v v 1.rro sr!,./ v s n/ , , ,., w ,, hrwllauPi;Urr G4"Gr+/ka!„NIVr;4dYVv!�,uf!,xlmw"il'" w'�'P&vea:w,V'6JV?"�S�G?w I +I w I u'i ate: fir' CONTINUED FROM A PREVIOUS WEEI DATE. 10/23/2012 REFERENCE L-1 5459 LOG NAM PARK: NO.* MOUNTED PATROL CODE: L T PE: NOW P'LIBL IC YES: CONSENT HEARING-. SUBJECT,-, Conduct Public Hearing and Authorize Use of a Portion of West Park for Construction of Equestrian Facilities, for the Fort Worth Plol'ioo Department Mounted Patrol Unit (COUNCIL DISTRICT 7 «r vVauk r,iuJ(nhfJtiidNd'drJr?llaPkmf+J :roWl,,,[49Ybpirw ",("N.Id 1rre„i f ?,r:/,n,Ai V .rY v r /,,r r➢ I,r v: N !, r r, r r,„w �Pn', i ' v.",,aN,,lrotfrnvNof 31liVa&f,,h,6Y/”a!`l,nvirfiuIJrwiJ,r1y+?➢,Nrod7lrew, (diidR'Y +w✓rJdru;,,G,r1iJ.//l,Nlm rx,,:,e,8bmn/,sY y,,r r, ,, a I:r a r I,r i ! a .:, ,: r ,u, xu k'Y ro'."'''v7iei6f ar..UrawrH,,irJamV'd,.l'i'IU"amwU1 1,J.rail,.,','✓rd.tti6,�u!v„;1,:wwif!V'rrWJVskl!taPlv«,,M'en�:'Vu'v"V7C{vaJidhA`Mv'ofd,/Yur1CJfl'9faVJw'avMtiJrJrdHflM'iidWq'(6llk?IIIwPdGrlla;Urifli"R46,0 RECOMMENDATION: It is recommended that the City Council.- 1. Conduct a public hearing under the guidelines set forth by the Texas, Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; 2, Find that no feasible or prudent alternative exists to the use of a portion of West Park for the construction of equestrian facilities for the Fort Worth Police Department Mounto,d Patrol' 'nit 3. Find that the proposed use includes all reasonable planning to, rnini�mnize harm to the parkland and will be constructed in 'west Park as specified on the attached Exhibits and as noted in the discussion below; and 4. Close the public, hearing and authorize the use of approximately 10, acres of West Park for the construction of equestrian faoil tes for the Fort Worth Police Department Mounted Patrol Unit. West Fork - 8787 Heron Drive, Mapsco 59E, 59F and 593, south of Hieron Dilve, west of Las Vegas Frail and Hickman load. DISCUSSION: Th+e purpose of this Mayor and Council Communication is to au!thlorize the usel of approximately 10 acres of`"west Park for construction of equestrian facilities for the Fart'worth Police Department Mounted Patrol Unit. The Parks and Community Services Department PACSD has been approached by the Police Department requesting the use of a portion of West 'Park for the construction of equestrian facilities The proposed project, is needed to replace the existing facility used by the Mounted Patrol Unit in the, near north aide/stockyards area. The existing facility is more than 25 years old, lacks restroorn and looker room facilities and has inadequate storage and office areas. Since this facility was originally built, the size of the Mounted P"atroll Unit has more than doubled, and although temporary stalls were added to house the additional animals, the current site does not provide sufficient exercise or turn-out areas for the animals. Construction of a new larger facility at West Park will allow the Police Department to correct all of these deficiencies. West Park was dedicated as parkland in 20l017 &C L-14278) and consists of approximately 212 acres. The proposed location for the facility is appropriate with the master plan: and is consistent with existing compatible use and develops wont for West Park. pp g * � are iew.asp ID=1 7498&counc iIda.te 12/11/2,012 11/26/2013 tt �!'� �.�f��act.or-�co��ncr ace 'r�a�c_. M&C Rev"iew Page 2 of 3 The Police Department proposes to enter into an i,nterdlepa,rtmienitail Agreement with PALS D for the construction of the new mounted patrol equestrian facilities on a 10 acre area 'that is west of Las Vegas Trail andl immediatelly north of an existing Future Farmers of America (FFA) barn and facility operated' under lease by the Fort Worth Independent School District (FWISD (City Secretary Contract No. 31683). The attached documents contain additional details regarding the proposed facility and diagrams showing its location. Approximately 45,000 square feet will be dedicated to the following facilities.- horse stalls, walker area, covered demonstration arena, storage facility and administrative offices. The remaining portion of'the land will include surface parking lots, open lawn and pasture land. As part of the best, management practices in development of the site, the Police Department will work with the City Forester on retention of as many specimen trees as possible within the project development area. P'hans for all improvements will be subject to the approval of the PA CSD Director. Operation of the facility will involve a steady rotation of approximately 1'5 police officers. Daily activities would involve routine horse maintenance, including feeding, treatment, grooming, outdoor exercise and restricted grazing. Other activities will include importing and exporting, of supplies and waste, community meetings and public demonstrations. It is anticipated that the site will provide work opportunities for approved co munity aervrce restitution workers. In addition, the Mounted Patrol Unit is planning to coordinate with FWISD to incorporate educational opportunities to students participating in FFA programming at the adjacent site. It is anticipated that the Mounted Patrol Unit facility will offer students additional learning opportunities as part of their Equine Science, Anatomy of Animals, Livestock Production and Veterinary Medicine classes., The Fort Worth Police Department and the PA,CSD will administratively execute an interdepartmental I " �iti�es, of each department. Agreement that will specify the roles and responsibilities In accordance with Chapter 26 of the Texas Parks and Wildlife Code, the City of Fort Worth seeks,to use approximately 10 acres of parkland for-the purpose of constructing the proposed equestrian facility. On September 26,1 201 2,, the Parks and Community Services Advisory Board endorsed Sta,ff s recommendation to the City Council to authorize the use of a portion of West Park for construction of an equestrian facility for the Fort Worth Police Department Mounted Patrol Unit. In accordance with state law, public notice was advertised in the Fort Worth Star-Tele rangy on September 25, 2012, October 2, 2012 and October 9, 2012. In addition, an Exhibit map was available for public review for 30 days, at the PACS,D administrative offices located at 4200 South Freeway, Suite 2200. Signage was posted at the site, on October 1, 2012, announcing the proposed use and providing instructions for directing comments to the PACED. A letter annolunc,ing the proposed use was sent to the president of the Neighborhood Association on South Lake Worth on October 2, 201'2. During the Report of City Staff, Staff will note any public comment that has been received. West Park is located in COUNCIL DISTRICT 7. FISCAL INFORMATIONMERTIFICATION: The Financial Management Services Director cert,ifies,that this action will have no material effect on City fuin�ds. TO Fund/Account/Centers FROM Fund/Account/Centers ........... ........... Submifted for c y Manager's Of by: Susan Alanis (81 80) httpl://apps.cfwnet.org/co,une'I 'ket/mc rev' I _pac iew.asp9.1D=I 7498&counci 11date=1 2/111 '012 11/26/2013 M&C Review Page 3 of 3 Originating ale artment Head: Richard Zava a (5704) Additional Information Contact, Davild Creek (5744) West Park mounted Plollice location C.d 2 West Park mounted Police Master Concept Pl,an.doc West Park mounted Police Deco m scope.do, '"'west 'Park Master Pisa Rey.pdf h t ,//app .cfwn,et.org/co unc,1 —packet/ c r view.a p' t D=1749 8&co urs e 12/11/2012 1,1/26/'2013