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
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PREMISES
WEST PARK
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INTERDEPARTMENTAL MEMORANDUM OF UNDERSTANDING FAGS ANIDPD Page 4 of 4
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Official siLe of the City of Foil Woith,--exas
CITY C"OUNCIL AGENDA
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COUNCIL ACTION: Approve on 12/11/2012
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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
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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.
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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)
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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
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