HomeMy WebLinkAboutContract 47362 2015 COWRACT W.
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INTERLOCAL COOPERATION AGREEMENT
This INTERLOCAL COOPERATION AGREEMENT("Agreement")is entered into
on w, of µ `) ° )w _ , 2015 ("Effective Date") by and between THE CITY
OF F RT WORTH ("City"), a home-rule municipal corporation organized under the laws of
the State of Texas, and the BOARD OF TRUSTEES of the FORT WORTH INDEPENDENT
SCHOOL DISTRICT, a political subdivision of the State of Texas and a legally constituted
Independent School District("FWISD"), by and through its duly authorized representative.
WHEREAS, on or about 1971, the United States of America, acting by and through the
Secretary of the Interior and the Director of the Bureau of Outdoor Recreation, deeded to the City
a certain piece of real property known as Rolling Hilts Park located at 2525 Joe B. Rushing Road,
Fort Worth,Texas 76119("Park"), a description of the which is attached hereto as Exhibit A and
incorporated herein;
WHEREAS, said deed is filed of record with the County Clerk of Tarrant County and
attached hereto as Exhibit B and incorporated herein for all purposes ("Deed") and is subject to
certain reservations,exceptions,restrictions,conditions,and covenants;
WHEREAS, one of the conditions of said Deed provides that City shall not sell, lease,
assign, or otherwise dispose of the premises, except to another eligible government agency that
the Secretary of the Interior agrees in writing can assure the continued use and maintenance of the
property for public park or public recreational purposes;
WHEREAS, the FWISD's mission is to prepare students for success in college, career,
and community leadership, along with instilling such values as student achievement, leadership
development, respect for diversity, equity in access, perseverance and commitment, and
continuous improvement;
WHEREAS, providing athletic and recreational opportunities to students is essential in
furthering FWISD's mission and values;
WHEREAS, cooperation between the City and FWISD in the joint development,
maintenance, and sharing of facilities has been a matter of long-standing agreement between the
parties for many decades;
WHEREAS, in 1978, the Fort Worth City Council approved a program to permit City to
enter into lease and use agreements with the FWISD to, among other things, construct, renovate,
and maintain approximately ten tennis facilities throughout the City of Fort Worth, including a
facility at the Park to serve O.D. Wyatt High School(M&C G-3820);
WHEREAS, in 1979, the City and FWISD entered into an agreement governing the
construction, maintenance,and use of eight tennis courts at the Park;
WHEREAS,after wear and tear associated with more than thirty(30)years of combined
use between City and FWISD, the eight tennis courts are now in need of repair so that they can w'
effectively continue to serve the athletic and recreational needs of both FWISD students and the l 4
general public;
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WHEREAS, in order to restore the eight tennis courts to an acceptable usable condition, ,J
the parties are committed to sharing in the total cost of the renovations, with the FWISD being ri Fri,
for ensuring the completion of the actual renovations; g ���41 �
Interlocal Agreement with fort Worth Independent School District 1 01729^
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WHEREAS, after the tennis courts are renovated, FWISD desires to use them to provide
tennis and tennis-related physical education,athletics,and recreational programs to its students;
WHEREAS, this arrangement provides FWISD with much needed tennis facilities to
serve its physical education,athletics,and recreational programs;
WHEREAS, the City, in turn, benefits from this arrangement by providing its citizens
with access to and use of recreational opportunities that would not otherwise exist without the
cooperation of FWISD,namely a fully renovated tennis facility;
WHEREAS,the parties have determined that the performance of this Agreement by both
parties is in the common interest of both and will benefit the common good;
WHEREAS, this Agreement is authorized by Section 791 of the Texas Government
Code;
WHEREAS, the City has requested and received concurrence from the Secretary of the
Interior of the United States of America or an individual acting on that person's behalf("Federal
Government")to enter into this Agreement for the purposes stated herein;and
NOW, THEREFORE, in consideration of the mutual benefits and promises contained
herein and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged,the parties agree as follows:
1.
INCORPORTION OF RECITALS AND
PRIOR AGREEMENTS
1.1 The City and FWISD hereby find and agree that the recitals set forth above are
true and correct and form the basis upon which the parties have entered into this Agreement.
1.2 To the extent any prior agreements are currently in effect between the parties
relating to the matters contained herein, such agreement shall be terminated and superseded by
this Agreement upon the Effective Date of this Agreement.
2.
GRANT OF LICENSE AND TERM
2.1 Subject to the terms of this Agreement,City hereby grants unto FWISD a license
to enter upon and use the tennis facility within the Park, which consists of eight tennis courts,
("Licensed Premises") for the following purposes: (a) renovating the existing tennis facility and
(b) providing tennis or tennis-related physical education, athletics, and recreational programs to
its students, and (c)carrying out any other obligations set forth in this Agreement. The Licensed
Premises is set forth in more detail in Exhibit C, which is attached hereto and incorporated herein
for all purposes. The grant of rights contained in this Agreement shall in no way disrupt existing
or future recreational opportunities and amenities available at the Park.
2.2 Unless terminated earlier in accordance with the terms and conditions of this
Agreement, this Agreement shall begin on the Effective Date and expire on September 30, 2035
("Term").
Interlocal Agreement with ran Wurth Independent School District 2 of'29
3.
LICENSE FEE
3.1 For and in consideration of the rights and privileges granted herein, FWISD
agrees to pay the City a sum of One Dollar and No Cents ($1.00)on an annual basis, with such
amount being due and payable to the City on October I"of each calendar year of this Agreement.
Such payment shall be delivered to the Director of the City's Parks and Community Services
Department or that person's designee ("Director") at the main address set forth in the notice
provision of this Agreement.
4.
CONDITION OF THE LICENSED PREMISES
4.1 FWISD takes all portions of the Licensed Premises and all appurtenances in "AS
IS" condition without any express or implied warranty on the part of City. On or prior to the
beginning of the Term, FWISD shall conduct a thorough and diligent inspection of the Licensed
Premises. FWISD's execution of this Agreement shall be conclusive evidence that the Licensed
Premises is in satisfactory condition for FWISD's intended use. No promises of City to alter,
repair, or improve the Licensed Premises and no representations respecting the condition of the
Licensed Premises have been made by City to FWISD, other than as expressly contained in this
Agreement.
5.
OBLIGATIONS FOR RENOVATION OF THE LICENSED PREMISES
5.1 FWISD's Obligations. FWISD agrees to contribute at least Twenty-Five
Thousand Dollars and No Cents($25,000.00)toward the renovation of the Licensed Premises and
perform, or cause to be performed, all activities related to such renovation, including, but not
limited to, resurfacing all eight tennis courts (which will include, at the very least, pressure
washing, crack repairs, new two-tone surface materials, new striping of all lines and markings,
cleaning and painting of existing net poles, and the installation of new nets with crank wenches
on existing poles). Any work performed or contract awarded by the FWISD or its contractors or
subcontractors for renovations to the Licensed Premises shall be subject to the following:
5.1.1. (i) A set of plans and specifications pre-approved by authorized
representatives of City and FWISD prior to beginning any construction; (ii) all
applicable laws, ordinances, rules, regulations, and specifications of all federal,
state, county, city, and other governmental agencies applicable to the Park, now
or hereafter in effect; (iii) in a good and workman like manner; and(iv) industry
standards of care, skill, and diligence. No substantial changes to the approved
construction plans may be made without the written approval of the Director.
5.1.2 FWISD shall schedule a pre-construction meeting with the Director at
least three(3)business days prior to initiating any construction or activity on the
Licensed Premises. The pre-construction meeting shall be for purposes of
outlining FWISD's plans and schedules regarding: (i)renovation of the Licensed
Premises, (ii) minimizing construction impact on vegetation and the Park, in
general,and(iii)restoration of all affected parkland and amenities.
5.1.3 FWISD shall be solely responsible for initiating, maintaining, and
supervising all safety precautions and programs in connection with its use of the
Park.
Interlocal Agceement with Fort Worth Independent School District
5.1.4 Subject to Section 5.2, FWISD shall do all work and furnish all labor,
equipment, services, and materials necessary to fully complete all the work as
provided for in this Agreement. City shall not be responsible for any costs
associated with the renovation of the Licensed Premises, including, but not
limited to, any costs for construction, labor, equipment, or materials, except as
specifically set forth in Section 5.2.
5.1.5 FWISD shall require its contractor to provide a maintenance bond in
favor of the City for all construction undertaken on the Licensed Premises, with
the term for said bond beginning on the date that the City accepts the work and
takes title thereto and extending for a period of two years thereafter.
5.1.6 FWISD shall notify City at least three (3) business days prior to
beginning any construction unless otherwise approved in writing between the
parties.
5.1.7 All construction and renovation to be conducted under this Agreement
for the Licensed Premises shall be subject to inspection and approval by the City
and its representatives.
5.1.8 Approval by City of any plans or designs shall not constitute or be
deemed a release of the responsibility and liability of FWISD, its officer,
representatives, agents, servants, employees, contractors, and subcontractors for
the accuracy and competency of its designs, working drawings, and
specifications or other engineering documents. City, by approving the plans and
specifications, assumes no liability or responsibility for the architectural or
engineering design or for any defect in any of the designs,working drawings,and
specifications or other engineering documents, building or improvement
constructed from the plans or specifications prepared by FWISD, or its officers,
representatives, agents, servants, employees, contractors, and subcontractors (it
being the intent of the parties that approval by City constitutes approval of only
the general design concept of the improvements to be constructed).
5.1.9 FWISD further agrees that if, during the course of any renovation
activities, damages result to the Park or City's park facilities, as determined by
the City's Director, FWISD shall repair or restore same to a condition
satisfactory to the Director within thirty(30)calendar days.
5.1.10 FWISD shall require its design professional to prepare as built drawings
based upon final construction and shall submit two copies of these drawings to
City,which shall become property of City on the date of submission.
5.1.11 If FWISD does not complete all renovation work on the Licensed
Premises within one year after the Effective Date of this Agreement, then the
City shall have the full and absolute right to terminate this Agreement without
any penalty or liability. The parties may agree to extend this deadline in writing.
5.2. City's's Obli ations.
5.2.1 City shall provide funding to FWISD in an amount up to $25,000.00
toward the renovation of the Licensed Premises, with all funding to be provided
on a reimbursement basis.
Interlocal Agreement with Fart Wonh Independent School District 4 of"N
5.2.2 To receive reimbursement, FWISD shall submit to City a copy of all
applications for payment received from FWISD's prime contractor(s). An
application for payment must include supporting documentation for the cost of
work incurred through the date of the application for payment, including, but not
limited to, partial lien waivers for the period covered by the prior application for
payment and all prior periods from the prime contractor(s) and each
subcontractor who has performed any work during the period covered by
application for payment and any other substantiating documentation requested by
City. City shall pay FWISD the amount contained within the application for
payment that is attributable to the City obligations herein, less any retainage
provided for in the construction contract between FWISD and its prime
contractor(s), in accordance with Chapter 2251 of the Texas Government Code
(otherwise known as the Prompt Pay Act).
6.
POST RENOVATION USE OF THE LICENSED PREMISES
6.1 Upon completion of the renovations set forth in Section 5 of this Agreement, the
FWISD shall have use of the Licensed Premises to provide tennis or tennis-related physical
education, athletics, and recreational programs to its students until 5:00 p.m. on all regularly-
scheduled school days in accordance with the regular school calendar adopted by FWISD for the
then current year(excluding summer school).
6.2 The City shall have exclusive use of the Licensed Premises for all dates and
times not specifically reserved for FWISD as set forth in Section 6.1, including, but not limited
to, (1) all FWISD school holidays and breaks (including winter break, summer break,
Thanksgiving break, spring break, and staff development days); and (2) every Saturday and
Sunday;and(3)after 5:00 p.m.on all regularly-scheduled school days.
6.2.1 If FWISD requires the use of the Licensed Premises for special events,
such as tennis tournaments, outside of FWISD's scheduled use as set forth in
Section 6.1, then FWISD shall coordinate such use with City to avoid any
conflicts with the public's use set forth in Section 6.1.2. FWISD shall provide
the City with at least thirty (30) days written notice of any such use, with such
notice to include a description of the event, along with the dates and times of the
proposed use. The Director reserves the right to approve, reject, or propose
alternatives to FWISD's proposed use.
7.
MAINTENANCE,REPAIRS,UTILITIES,AND
ADDITIONAL ALTERATIONS AND IMPROVEMENTS
7.1 Routine Maintenance. City and FWISD shall provide routine maintenance of the
Licensed Premises in accordance with the following schedule:
7.1.1 FWISD shall, at its own cost and expense, provide routine maintenance
of the Licensed Premises from September 1 to May 31 of each calendar year.
7.1.2 City shall, at its own cost and expense, provide routine maintenance of
the Licensed Premises from June I to August 30 of each calendar year.
7.1.3 For purposes of this Agreement, "routine maintenance" shall be defined
as tightening of the tennis nets, general upkeep and cleaning, and minor repairs
of the Licensed Premises.
Interlocal Agreement with Fort Worth Independent School District 5 of 29
7.2 Major Repairs. With regard to any major repairs, including, but not limited to,
striping, infrastructure, poles, nets, resurfacing, and the like, representatives of both FWISD and
City will perform an on-site inspection of the Licensed Premises on or before January I of each
calendar year to assess the need for major repairs. If the parties mutually agree that major repairs
are necessary, then the parties will share in the cost of such repairs equally. To the extent that
any major repairs are necessary to the Licensed Premises, the parties agree to enter into a written
agreement setting forth, among any other key terms, the financial share attributable to each party,
scope of repairs,and the party responsible for managing and supervising such repairs. If there is
a dispute as to whether a repair constitutes routine maintenance or a major repair, the
determination of the Director shall be final.
7.3 Emergency pairs. To the extent that any emergency repairs are necessary to
the Licensed Premises to protect the safety of its intended users or the integrity of the intended
use, then the party desiring the emergency repairs shall contact the other party to schedule an
inspection of the Licensed Premises within a reasonable time. Either party may temporarily close
the Licensed Premises until such time as the emergency situation is resolved. To the extent any
emergency repairs are necessary to the Licensed Premises,the parties agree to enter into a written
agreement setting forth,among any other key terms, the financial share attributable to each party,
scope of repairs,and the party responsible for managing and supervising such repairs. If there is a
dispute as to whether a repair constitutes an emergency repair, the determination of the Director
shall be final.
7.4 Utilities. The FWISD, at its sole cost and expense, shall be responsible for the
installation and payment of all utilities services to all portion of the Licensed Premises and for all
other related utilities expenses, including, but not limited to, deposits and expenses required for
the installation of meters. FWISD further agrees to pay all costs and expense for any extension,
maintenance,or repair of any and all utilities serving the Licensed Premises.
7.5 Additional Alterations and Improvements. Except as specifically set forth in this
Agreement, FWISD shall not make any alterations or improvements to the Licensed Premises
without the prior written consent of the Director. If such alterations or improvements are
approved by Director, FWISD shall be responsible for managing and supervising all necessary
construction work and be responsible for all costs associated therewith.Notwithstanding anything
to the contrary, City shall have the absolute right to construct any additional improvements it
deems necessary on the Licensed Premises without any approval from FWISD; provided, such
improvements do not interfere with FWISD's use under this Agreement.
8.
TITLE TO IMPROVEMENTS
8.1 City shall have the exclusive right, title, and interest in all improvements
constructed on the Licensed Premises, including, but not limited to, the renovations set forth in
Section 5 and any repairs or additional alterations or improvements set forth in Section 7, upon
written approval and acceptance of such improvements by the Director or upon earlier
termination of this Agreement.
9.
HAZARDOUS MATERIALS
9.1 FWISD and FW1SD's contractors, subcontractors, agents, representatives, and
employees shall not bring any Hazardous Material in or about the Park or Licensed Premises or
any construction area.
Interlocal Agreement with Fort Worth Independent School District 6 of 29
9.2 If the presence of any Hazardous Material on the Park or Licensed Premises
caused by FWISD or by FWISD's contractors, subcontractors, agents, representatives, or
employees results in any contamination of the Park or Licensed Premises, FWISD shall promptly
take all actions,at its sole expense, as are necessary to return the Park or Licensed Premises to as
near as possible the condition existing prior to the introduction of any such Hazardous Material to
the Park or Licensed Premises, provided that City's approval of such action shall first be obtained
with respect to actions required by FWISD.
9.3 As used herein, "Hazardous Material" means any element, compound, mixture,
solution, particle or substance which presents danger or potential danger for damage or injury to
health, welfare or to the environment and shall include, but shall not be limited to (1) any
pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance, or oil as
defined in or pursuant to: (a)the Resource Conservation and Recovery Act, as amended; (b)the
Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended;
(c) the Federal Clean Water Act, as amended; (11) any other chemical, material or substance(a)
which is regulated as a "toxic substance" (as defined by the Toxic Substance Control Act, 15
U.S.C. Sec. 2601 et seq., as amended); or (b) that is a "hazardous waste" (as defined by the
Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6901 et seq., as amended); or(c) that
is a "hazardous substance" (as defined by the Comprehensive Environment Response,
Compensation and Liability Act of 1980("CERCLA"),42 U.S.C. Sec.9601 et seq.,as amended);
(Ill)those substances that are inherently or potentially radioactive,explosive, ignitable,corrosive,
reactive,carcinogenic or toxic; (IV) those substances which have been recognized as dangerous
or potentially dangerous to health,welfare or to the environment by any federal,state, municipal,
county or other governmental or quasi-governmental authority and any department or agency
thereof or which are the subject of any other federal,state or local environmental law, regulation,
ordinance, rule or bylaw, whether existing as of the date hereof, previously enforced or
subsequently enacted, including, but not limited to: (a) polychlorinated biphenyls ("PCBs") or
"PCB items" (as defined in 40 C.F.R. Sec. 761.3) or any equipment which contains PCBs; (b)
any asbestos or asbestos-containing materials; (c) stored, leaked or spill petroleum products; or
(d) exposure to which is prohibited, limited or regulated by any federal, state, county, regional,
local or other governmental statute, regulation, ordinance or authority of which, even if not so
regulated, may or could pose a hazard to the health and safety of TCEQ, City and the occupants
of or invitees to the Park or Licensed Premises.
10.
INSURANCE
10.1 City and FWISD are basically self-funded entities and, as such, generally, they
do not maintain commercial liability insurance policies to cover premises or auto liability.
Damages for which City or FWISD would ultimately be found liable would be paid directly and
primarily by said party and not by a commercial insurance company. To the extent that insurance
is required under this Agreement, such requirements are set forth in Exhibit D, which is attached
hereto and incorporated herein for all purposes.
11.
INDEPENDENT CONTRACTOR
11.1 Nothing contained in this Agreement is intended by the parties to create a
partnership or joint venture between the parties, and any implication to the contrary is hereby
expressly disavowed. It is understood and agreed that this Agreement does not create a joint
enterprise, nor does it appoint any party as an agent of any other party, for any purpose
whatsoever.
Interlocal Agreement with ron Worth Independent School District 7 of 29
12.
LIABILITY AND INDEMNIFICATION
12.1 TO THE EXTENT PERMITTED BY LAW, FWISD COVENANTS AND
AGREES TO RELEASE, INDEMNIFY,HOLD HARMLESS,AND DEFEND CITY AND
THE UNITED STATES AND THEIR REPRESENTATIVES, OFFICERS, AGENTS,
SERVANTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS,
FINES, DAMAGES, LIENS, LOSSES, JUDGMENTS, EXPENSES, OR SUITS FOR
PROPERTY DAMAGE, PERSONAL INJURY, OR ANY OTHER TYPE OF LOSS OR
ADVERSE CONSEQUENCE RELATED IN ANY WAY TO THE EXISTENCE OF THIS
AGREEMENT OR THE USE OF THE LICENSED PREMISES, REGARDLESS OF
WHETHER THE ACT OR OMISSION COMPLAINED OF RESULTS FROM THE
ALLEGED NEGLIGENCE OR ANY OTHER ACT OR OMISSION OF FWISD, CITY,
OR ANY THIRD PARTY.
12.2 FWISD agrees to include in any of its subcontracts a release and indemnity in
favor of City and the United States in substantially the same form as above.
12.3 FWISD agrees that City and its predecessors in title shall not be liable for any
loss, injury, or damage whatsoever suffered or incurred by FWISD or its officers, employees,
agents, representatives, contractors, subcontractors, students, invitees, licensees, and trespassers
arising out of or related to this Agreement. City does not guarantee police protection and will not
be Iiable for any loss or damage sustained by FWISD or its officers, employees, agents,
representatives, contractors, subcontractors, students, invitees, licensees, and trespassers on the
Licensed Premises.
12.4 Nothing in the performance of this Agreement shall impose any liability for
claims against the City other than claims for which liability may be imposed by the Texas Tort
Claims Act.
12.5 This section shall survive the expiration or early termination of this Agreement.
13.
TERMINATION
13.1. Failure by FWISD to Complete Renovations to the Tennis Courts. If FWISD
fails to complete the renovation project outlined in Sections 5.1 of this Agreement within one(1)
year after the Effective Date of this Agreement, as may be extended by Force Majeure or by
mutual written agreement of the parties, and such failure is not due to any failure of the City to
comply with its obligations under Section 5.2, then City shall have the right to terminate this
Agreement following provision to FWISD of at least sixty (60) calendar days' advance written
notice. FWISD will not be entitled to reimbursement of any costs expended hereunder.
13.2. Breach by FWISD. If FWISD breaches a material provision of this Agreement
other than as provided in Section 13.1, and such breach has not been cured within thirty (30)
calendar days (or, if additional time is reasonably required in order to cure the breach and
provided that FWISD is diligently pursuing the cure, within such additional time as may be
necessary), then City shall have the right to terminate this Agreement following provision to
FWISD of at least sixty(60) calendar days' advance written notice. FWISD will not be entitled
to reimbursement of any costs expended hereunder.
Interlocal Agreement with Fort Worth Independent School District 9 of 24
13.4. Breach by City. If the City breaches a material provision of this Agreement that
prevents FWISD from completing an obligation of FWISD hereunder or that prevents FWISD
from using the Licensed Premises in accordance with this Agreement, and such breach has not
been cured within thirty(30)calendar days (or, if additional time is reasonably required in order
to cure the breach and provided that City is diligently pursuing the cure, within such additional
time as may be necessary), then FWISD shall have the right to terminate this Agreement
following provision to the City of at least sixty(60)calendar days' advance written notice.
13.5. Termination for Convenience. Either party may terminate this Agreement at any
time by providing the other party with at least thirty(30)calendar days' advance written notice.
In this event, neither party will be entitled to reimbursement of any costs expended hereunder.
Notwithstanding anything to the contrary,the City reserves the right to terminate this Agreement
upon the request or demand of the Federal Government in the manner and method set forth by the
Federal Government.
13.6 Fiscal Funding Out. Notwithstanding anything to the contrary, if,for any reason,
at any time during the term of the Agreement, the Fort Worth City Council fails to appropriate
funds sufficient for City to fulfill its obligations under this Agreement, City may terminate the
portion of the Agreement regarding such obligations to be effective on the later of(i)ninety(90)
calendar days following delivery by City's written notice and intention to terminate or(ii)the last
date for which funding has been appropriated by the Fort Worth City Council for the purposes set
forth in this Agreement.
13.7 Other Remedies. Any termination of this Agreement as provided in this
Agreement will not relieve FWISD from paying any sum or sums due and payable to City under
this Agreement that remains unpaid and due at the time of termination, or any claim for damages
then or previously accruing against FWISD under this Agreement. Any such termination will not
prevent City from enforcing the payment of any such sum or sums or claim for damages by any
remedy provided for by law, or from recovering damages from FWISD for any default under the
Agreement. All City's rights,options,and remedies under this Agreement will be construed to be
cumulative, and not one of them is exclusive of the other. City may pursue any or all such
remedies or any other remedy or relief provided by law, whether or not stated in this Agreement.
No such termination shall relieve City from any obligation it may have to FWISD hereunder and
FWISD may pursue any and all rights and remedies or relief provided by law, whether or not
stated in this Contract.
14.
RIGHT OF ACCESS
14.1 City does not relinquish the right to control the management of the Park or
Licensed Premises, or the right to enforce all necessary and proper rules for the management and
operation of the same. City, through its Director, police and fire personnel and other designated
representatives, has the right at any time to enter any portion of the Park or Licensed Premises
(without causing or constituting a termination of the use or an interference of the use of the Park
by FWISD) for the purpose of inspecting and maintaining the same and doing any and all
activities necessary for the proper conduct and operation of public property, provided this shall
not authorize or empower City to direct the activities of FWISD or assume liability for FWISD's
activities.
Intcrlocal Agreement with Fort worth Independent School District Al of 21)
15.
NOTICES
15.1 All written notices called for or required by this Agreement shall be addressed to
the following,or such other party or address as either party designates in writing,by certified mail,
postage prepaid,or by hand delivery:
City: FWISD:
City of Fort Worth Fort Worth Independent School District
Attn:Director Attn: Board President
Park and Recreation Department 100 North University Drive
Department Fort Worth,Texas 76107
1000 Throckmorton
Fort Worth,TX 76102
with a copy to: with a copy to:
Attn:City Attorney Attn:Chief Legal Counsel
City Attorney's Office Office of Legal Services
1000 Throckmorton 100 North University,SW 172
Fort Worth,TX 76102 Fort Worth,Texas 76107
16.
COMPLIANCE WITH LAWS ORDINANCES RULES AND REGULATIONS.
16.1 This Agreement is subject to all applicable federal, state and local laws,
ordinances,rules and regulations, including,but not limited to,all provisions of the City's Charter
and ordinances,as amended.
17.
NO WAIVER
17.1 The failure of either party to insist upon the performance of any term or provision
of this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that
party's right to insist upon appropriate performance or to assert any such right on any future
occasion.
18.
VENUE AND CHOICE OF LAW
18.1 If any action, whether real or asserted, at law or in equity, arises on the basis of
any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant
County, Texas. This Agreement shall be construed in accordance with the laws of the State of
Texas.
19.
NO THIRD PARTY RIGHTS AND ASSIGNMENTS
19.1 The provisions and conditions of this Agreement are solely for the benefit of City
and FWISD and are not intended to create any rights, contractual or otherwise, to any other
person or entity.
lnterlocal Agreement with fort Worth Independent School District 10 of 2l1
19.2 The parties will not assign this Agreement or any interest therein, nor let or
sublet the Licensed Premises or any party thereof or any right or privilege appurtenant thereto
without a prior formal written amendment to this Agreement properly executed by parties. This
Agreement shall be binding upon the successors and assigns of both parties in like manner as
upon the original parties. Said let or sublet shall be grounds for termination of this Agreement by
City or possible reversion of the Licensed Premises to the United States.
20.
FORCE MAJEURE
20.1 If either City or FWISD is unable,either in whole or part,to fulfill its obligations
under this Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts
of public enemies; wars; blockades; insurrections; riots; epidemics; public health crises;
earthquakes; fires; floods;restraints or prohibitions by any court, board, department,commission,
or agency of the United States or of any state; declaration of a state of disaster or of emergency
by the federal, state, county, or City government in accordance with applicable law; issuance of
an Imminent Threat Alert or Elevated Threat Alert by the United States Department of Homeland
Security or any equivalent alert system that may be instituted by any agency of the United States;
any arrests and restraints; civil disturbances; or explosions; or some other reason beyond the
party's reasonable control (collectively, "Force Majeure Event"), the obligations so affected by
such Force Majeure Event will be suspended only during the continuance of such event. If a
Force Majeure Event occurs,the City may, in its sole discretion,close or postpone the opening of
its community centers, parks, or other City-owned and operated properties and facilities in the
interest of public safety and operate them as the City sees fit. FWISD hereby waives any claims
it may have against the City for damages resulting from any such Force Majeure Event.
21.
INTERPRETATION CAPTIONS AND AMENDMENTS
21.1 In the event of any dispute over the meaning or application of any provision of
this Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more
strongly for or against any party, regardless of the actual drafter of this Agreement.
21.2 Captions and headings used in this Agreement are for reference purposes only
and shall not be deemed a part of this Agreement.
21.3 Except as otherwise provided in this Agreement, the terms and provisions of this
Agreement may not be modified or amended except upon the written consent of both City and
FWISD and written concurrence by the Secretary of the Interior or that person's designated
representative.
22.
AUTHORIZATION,COUNTERPARTS,AND ELECTRONIC SIGNATURES
22.1 By executing this Agreement, FWISD's agent affirms that he or she is authorized
by FWISD to execute this Agreement and that all representations made herein with regard to
FWISD's identity, address and legal status(corporation, partnership, individual,etc.)are true and
correct.
22.1 This Agreement may be executed in multiple counterparts,each of which shall be
considered an original, but all of which shall constitute one instrument. A signature received via
facsimile or electronically via email shall be as legally binding for all purposes as an original
signature.
lnterlocal Agreement with Fort Worth Independent School District I 1 of 29
23.
CLAIMS AND WAIVER OF IMMUNITY
23.1 FWISD and City agree to notify the other promptly upon the receipt of any claim
or lawsuit brought in connection with any injury, death or damages related to this Agreement.
FWISD and City agree to make their officers, agents, and employees available at all reasonable
times for any statements and case preparation necessary for the defense of any claims or litigation
for which the other party may be responsible hereunder.
22.2 Nothing herein shall be deemed to constitute a waiver or surrender of any
immunity,power,or affirmative defense that may be asserted by FWISD or the City.
24.
PERMITS AND LIENS
24.1 FWISD shall obtain and keep in effect at its own cost and expense all licenses
and permits, and pay all taxes incurred or required in connection with its uses and obligations
under this Agreement.
24.2 FWISD shall do no act or make any contract that may create or be the foundation
for any lien upon or interest any City property. Any such contract or lien attempted to be created
or filed shall be void. Should any purported lien on City property be created or filed, FWISD,at
its sole expense, shall liquidate and discharge the same within ten (10)calendar days after notice
from the City to do so;and should FWISD fail to discharge the same,such failure shall constitute
a breach of contract.
25.
DEED
25.1 This Agreement and the obligations of the parties hereto may be subject to the
terms and conditions of the Deed, and the current program of utilization that governs the use of
the Licensed Premises. Violations of said terms and conditions may be grounds for reversion of
the Licensed Premises to the United States of America, at its discretion and termination of the
Agreement. In the event of a reversion as described in this paragraph, FWISD-owned personal
and real property improvements associated with the Licensed Premises,may be subject to seizure,
without compensation,by the United States. FWISD certifies that it has read and understands the
Deed and agrees to comply with all applicable terms and conditions set forth therein.
25.2 FWISD acknowledged that the Park, including the Licensed Premises, is subject
to the possibility of reversion back to the United States without compensation being paid to
FWISD should there be a material breach of noncompliance by City or FWISD for not adhering
to the Deed covenants,restrictions,and agreements set forth in Exhibit B.
26.
SURRENDER AND WASTE
26.1 FWISD agrees that, upon expiration of this Agreement or earlier termination
thereof, it shall surrender the Licensed Premises to City in as good or better condition as existed
at the time of execution of this Agreement,ordinary wear and tear excepted.
Imerlocal Agreement with Fort Worth Independent School District 12 of29
26.2 FWISD further agrees that it shall permit no waste or suffer the same to be
committed or injure. or misuse the Licensed Premises, and that upon termination of this
Agreement for any reason, FWISD shall remove any of its personal property with thirty (30)
calendar days of such termination.
27.
NONDISCRIMINATION
27.1 The parties shall not engage in any unlawful discrimination based on race,creed,
color, national origin, sex, age, religion, disability, marital status, citizenship status, sexual
orientation or any other prohibited criteria in any employment decisions relating to this
Agreement, and the parties represent and warrant that, to the extent required by applicable laws,
they are equal opportunity employers and shall comply with all applicable laws and regulations in
any employment decisions.
28.
AUDIT
28.1 FWISD agrees that the City shall, until the expiration of three(3)years after the
termination or expiration of this Agreement, have access to and the right to examine any directly
pertinent books, documents, papers, and records of FWISD involving transactions relating to this
Agreement. FWISD agrees that the City shall have access during normal working hours to all
necessary FWISD facilities and shall be provided adequate and appropriate workspace in order to
conduct audits in compliance with the provisions of this section. City shall give FWISD
reasonable advance notice of intended audits.
28.2 FWISD further agrees to include in any contractor and subcontractor agreements
hereunder a provision to the effect that the contractor and subcontractors agree that the City shall,
until the expiration of three (3) years after the expiration or termination of the contract or
subcontract, have access to and the right to examine any directly pertinent books, documents,
papers, and records of such contractor or subcontractor involving transactions of the contract or
subcontract,and further that City shall have access during normal working hours to all contractor
and subcontractor facilities and shall be provided adequate and appropriate work space in order to
conduct audits in compliance with the provisions of this paragraph. City shall give the contractor
and subcontractor reasonable advance notice of intended audits.
29.
SEVERADMITY
29.1 The provisions of this Agreement are severable, and if for any reason a clause,
sentence,paragraph or other part of this Agreement shall be determined to be invalid by a court or
federal or state agency, board or commission having jurisdiction over the subject matter thereof,
such invalidity shall not affect other provisions that can be given effect without the invalid
provision.
30.
NO CONVEYANCE
30.1 Nothing in this Agreement conveys, or shall be construed as conveying, any
estate or interest in the Licensed Premises from City to FWISD, nor does this Agreement
surrender absolute control over and possession of the Licensed Premises to FWISD. City, by this
Agreement, conveys, and FWISD, by this Agreement, receive only such authority as is set forth
in this Agreement, and that may be necessary and appropriate to use the Licensed Premises in
manner that is consistent with the uses specified herein.
Intertocal Agreement with Fort Worth Independent School District 13 of 29
31.
ENTIRETY OF AGREEMENT.
31.1 This Agreement, including any exhibits attached hereto and any documents
incorporated herein by reference, contains the entire understanding and agreement between the
City and FWISD as to the matters contained herein. Any prior or contemporaneous oral or
written agreement is hereby declared null and void to the extent in conflict with any provision of
this Agreement.
EXECUTED as of the last date indicated below:
THE CITY OF FORT WORTH BOARD OF TRUSTEES OF THE FORT
WORTH INDEPENDENT SCHOOL
DISTR71 T),
By. By:
4"
",I c i c
'�Susan'A"la'nis cinto Ramos
"A's'sistant City Manager Board President
'to
Date: 12
Date:__], _1�'_a
VORP
ATTEST: ATTEST
ary Kays T ac son
City Secret
Secretary,Board of Education
APPROVED AS TO FORM
AND LEGALITY:
...........
Tyler F. al ch ifibmey for F`ort W cwt
orth--r-ndepeiident School
�)�'h
Assista ty Attorney District
M&C:
' OFFICPAL ECORD
F" WAIORTII� '17"
..................
Interlocal Agreement with Fort Worth Independent School District 14 o f 29
Exhibit A
Park
"
F
U�
r a
r,
. r
/ r
ly
i
interlocal Agreement with port Wonh Independent School District 15 41(21)
Exhibit B
Deed
DEED WITHOUT WnR itwrY
The UNITLID STATES uF AMER ICn, acting by and through
the aecrutary of the Interior, acting by and through the
Director, Bureau of Outdoor Recreation, under and pursuant r�re olt
to the power and authority contained in the provisions or the CG-
Federal Property and Administrative Services Act of 1949rS
(63 Stat. 377), as amended, and particularly as amended by
Public Lau 485, 91=t Congress, and regulations and orders
promulgated thereunder (hereinafter designated "Grantor"),
for and in consideration of the perpetual use of the hereinafter
described premises as and for public park and public recreation
area purposes, by the City of Fort Worth, Texas (hereinafter
designated "Grantee") does by these presents, bargain, sell,
grant and convey without warranty, express or implied, to
Grantee, and to its successors and assigns, aubject to the
reservatlons, exceptions, restrictions, conditions and
covenants hereinafter expressed and sat forth, all Grantor's
right, title and interest in and to the following described
property, consisting of approximately 207.29 acres, located
in Tarrant County, Texas, together with the appurtenances,
the buildings and improvements thereon, and more particularly
described as follows:
A tract of land out of the U. b. Public
Health Service Hospital property, consisting
of 207.29 acres of land, more or less,
situated In the southeast portion of the
City of Fort Worth, Tarrant County, Texas,
catd tract of Land boing in the most
northerly northeast portion of the U. b.
Public Health bervica Hospital property,
lying north of Tappa;t Road, west of Wichita
Street, east of Campus Drive and southwesterly
of Old Mansfield Road, said tract being a
I:ortion of the land conveyed to the United States
of America by the Fort Worth Chamber of
Commerce by Deed dated March 16, 1933, and
recorded in Volume 1181, Page 445, Deed Records
of Tarrant Caurtty, Texas.
Said tract being a portion of the L. Rogers,
J. Collett and Nathan Attarbarry Surveys in
Tarrant County, Texas, and commencing at
a point, said point being r an interior corner
marked by a six inch (6'"( by six inch (611) by
three foot (3') concrete monument which bas
Interlocal Agreement with Fort Worth Independent School District 16 of 29
l.uurint,a of cast and 11.00121W., -aid
point beings nest a distance of 759.41,
foot frum the northeast corner of the
E. Rorer: Gurvey, within the U. S.
Public Health Service Hospital propertyt
Therico: 11.0"1214!. a distance of 1750.0
1',,ut to a six inch (611) by six inch (611)
by thruo foot (31) concrete monument for
a corner.
Nionce: N.891441E. a distance of 110.0
foot to a six inch (6") by six inch (6") by
Lt:ree foot (31) concrete monument for a
corner.
Tt:+:nce: 14.01121w, a distance of 320.0
foot to a six inch (611) by six inch (611)
Ly three foot (3') concrete monument in
the north property line of said tract for
a corner.
Lence. 11.89®4411;,. along the said north
property line a distance of 916.23 foot
°.o a one and one quarter inch (1T") iron
pin for a corner said iron pin being the
trust northerly northwast corner of the
tract surroanding the U. S. Public Health
Service lioepital,
Whence: S.29°32'W. a distance of 323.42
foot to a three quarter inch (3/411) iron
pin for a corner.
Thence: 5.210501W. a distance of 463.04 foot
to a three quarter inch (3/10) iron pin for a
corner.
Thence: S.43®49'6. a distance of 412.55
foot to a one and one quarter inch (It") iron
pin for a corner.
Thence. S.43°31114. a distance of 1174.55 foot
to a three quarter inch (3/4") iron pin for
u corner.
Thence: S. 32'5+'W. a distance of 478.95 foot
to a three quarter inch (3/4") iron pin for
a corner.
Thence: S.01121E. a distance of 12b9.72 foot
to n three quarter inch (3/4") iron pin for
a corner.
Thence: it.89°39'E. n distance of 620.65 foot
to a three quarter inch (3/4") iron pin
for a corner.
Thcnco: H.37°13'E. a distance of 1197.50
foot to n ono and one quarter inch (1-j") iron
pin for a corner.
Thenco:S.84°091E. a distance of 920.50 foot
to a three quarter inch (3/4") iron pin
for a corner.
2
Inletlocal Agreement with Fort Worth Independent School District 17 of 29
Thence: S.?0°19133. a distance of 439.57
i'aot to a three quarter Inch (3/411) iron
pin for a earner.
The:rco: N.38'261E. a distance of 1842-63
foot to a three quarter Inch (3/40) Iron
pin In the nurLhcaet property llue of the
U. S. Public Uo.nith Service tract, �iid Iron
pin being the nost northerly northeast
corner of the tract surrounding the U. S.
Public lloalth Scrvicc Hospital and in the
°outhwest right-of-wuy line of the Texas
Electric Service Company's right-of-way.
Thence: 6.0°13'E. along the east property
line of said tract and we:t right-of-Way lino
of the 'texas L•loctric vrviee Company's
right-of-way at '185.49 foot passing a
40 s4"x,' concrete marker, proce+.ding
S.00131E. at 200.0 foot paving a 4"x4"x3'
concrete marker, pproceeding S.0°13f6. a
distance of 1391+.0 root to a one and one
quarter Inch (1411) iron pin for a corner,
a total distance of 2379.49 foot, said iron
3%in b%Ing the southca:tt corner of said tract
herein being described.
i`hence: N.87°1+2'I-1. ilong the south property
line of said tract, north rlyht-of-way line %f
Tappan !load a dl,Lanco of 41rb7.0 foot to a on.,
.nd one quarter inch (lk") iron pin for a e="ner,
Bald iron pin hoing at the Intersection of 1ie
north right-of-way line of 'Tappan Road and the
northeast right-uf-way line of Campus urive.
Thence: N.31°02114, along the southwest prop rty
line of :laid tract, northeast right-of-way ltnu
of Campus Drive a distance of 1112.74 foot tr
the Y.C. of a curve to the right in a northerly
direction (Delta Angle 57°e7'Ht., Hadlut- lVio.0
foot, T'anernts 624.78 foot, length L143.07 font),
aid P.C. betnG marked by a three quarter inch
(3/1 0) iron pin.
Thence: Along said curve to the right In a
north-�,rly direction a dl°tanco of 1143.07 foot
t the P.T. of said curve, and a three quarter
inch (3/411) iron pin for a marker of the P.T.
Thence: N.261251E. a distance of 53.04 foot in a
three quarter inch (3/4") iron pin for a earn^r,
said Iron pin being In the east right-of-wily lint
of C•tapus Drive and being the most westerly northwest
corner.
Thence: East a distance of 121+9,03 foot to a
:.ix Inch (611) by six inch (611) by three foot (3')
concrete monument and said concrete monumunt being
the place of beginning, all as shown on plat
attached horoto, marked Exhibit A.
P1'il?h:itlltl. FA3F:tlttl'P MR iIMM'S A1iD Ft Rpss
it tract of land situated in the southaaat portion
of ti:e City of Fort Worth, Tarrant County, Texas,
and boing a portion of a right-ol'-wuy o'wricd by
the Texas Gluctric Service Company, located betueon
the east boundary line of the U. S. Public llealtl:
Sorvlce Uospital property and the west right-of-way
3
Interlocal Agmement with For[Worth Independent School District 18 uC29
line of' WJH'I ttt Street, slid tract being a
portlkxt of the lan+l over which perpi:tu:iL
e i;,,;t,nta of in,;resr and el rr:. w.,re conveyed
by Ciy+iu it. Uitkins to the United otatc.;: L�f
uterla by insLeutuent dated June 61 19j3,
Bald tr•,et being more particularly described
as follows.
From three quarter inch (3/411) iron pin
in the taost e'r:;tern ncrLhe:i�t corn,•r of the
U. S. public Health "rvlce liospital
Iroperty, said corner also buing a re-entrant
corrnce of the Texas Electric aervice Company
property.
:hence: booth 00813' ea-t, alone the common
line between the U. S. lubLic Health Service
Irol:crLy and the Texns Electric aervice
Company right-of-way, 705.49 feet to n
4"jx10'x3' concrete marker.
M-nca: Borth 89*47' east, 50 feet to the point
of heL inning.
Thence: North 89 04J" qast, 100 feet to a
4"x4"x3` concrete mark+•r aituutod in the we--t
right-of-way lire of hichita btreet.
`rh.nee: doer the went rlpht-of-way lin,s of
Wiehlt.!t aLveot, youth 00°13' east, 20U feet Lo
a 4"x4"x3' concrete monument.
Ti;f�nco. South 89°471 west, 100 feet to a point.
Thane-: North 00813' west, 200 feet to the point
of beginning, contalninC .459 acre, more or less.
RIGHt of T110fii,,..:, AtIO EGHIi:�
,i tract of lnnd lying adjacent to the ea:t
bounl,ry liar! of th+: U. a. iublic llealLh �crvlae
Ho;.pital property situated in the souLhet,t
portion of the City of Fort Worth, 'rerrint County,
fexa:, said tract being a portion of a rl^ht-of®way
owneti by the `ex&:: Ll.ectvic Service Company over
irhi'ch the Port Worth Chamber of Commerce cnnveyod
to Lhe United Stater of almerlca the right of
inrresa and egress by Deed dated Burch lo, 1933,
said-tract being more particularly described as
follows:
A strip of land 50 feet in width, the west-rly°
limits of which begin: at a three quarter inch
Q!411) iron pin in the —5 ternmort northeast
corner of the U. J. Public health Service
liospiLal property, said corner also beinr• a
rc-tnt.rant corner of the Texas l•.lectric .ervi.vo
Company property and running south 00113' c•t,t,
2379.49 feet along the con:ion line between the
U. a. Fuhlic Health Service Iio::pital property
and the Texas blectric service Company right-or-
tr.:y to a one and one qu.,rter inch (l;") ire:
pin for the -,outho•tst corner of the U. S. Fnblie
Health Service ilo:spiLal property, for the end
of the westerly limitr of the herein described
strip of land being fifty feet in width,
containing 2.73 acres, more or less.
4
Interiocai Agreement with Fort Worth Independent School District
11'.ttS0V1"il.tiT3
Eitildlnr. No, herIptinn
6 incinerietor - masonry
anti sL4C1.
18 Concrete, masonry ,
ste':l, built-up roof.
19 Greenhouse - concruto
foundation, metal a gla:;
0 Concrete foundation u floor,
frame structuru.
21 Sa>we as Building 20.
22 Samo sr i3uildinrs 20 a U.
24 Frame ercenhou:e with
polyethylene coverinc on
tup and part o1' Sidi:. .
Constructed by Station Letor.
49 Frame Wilding con,trurh d
fur u<e a, f irrowinr 1:o�e-e in
farm uperations ® no iuturior
rheathinv - dirt fluor.
50 Shelter house - concrete i'Loor,
concrete block a screen wire
wtelIs.
51 Prefabricated refrigeratur.
56 Quonset but - wood a metal.
57 aame,as Building 56.
56 Same as Buildings 56 and 57.
59 Concrete floor, masonry walls,
metal roof.
62 bame as Building 49.
63 ;nme as Buildings 49 a 6—
Transformer station - i°anrrete
blocks; no tranaformere included.
~lire mesh fence, approximately
5' high with mesh ranCin• from
6" x 3" at the bottom to t" % 4"
.et the top; with 4 Lo ,' strand:.
of 13erbed wire at they tap"
�;tael posts approximately 10'
apart (6,72-4.75').
5
tnicrlocal Agreement with Fort Worth Indepcndent School District 20 ef'9
3ubjoct to:
A, The cuvenants and restrictions which run with
Lhu land, that the land shall not at any future time be
uacd for a commercial or industrial development wi+ich,
r;s detcrmined by the ilegional Administrator, General
.,ervlces ndmini-,trltion, Forth 'Worth, Texar, or hi..
successor lit ruction, in the normal course or its operation,
produces air pollution, contaminating materials, fumr!s,
odors, or ground waste resulting in an unhealthy or unpleasant
environment within the boundarie of the NIRH Clinical rrrsearch
Center grounds, Forth Worth, Texas.
B. ReservinC to the Grantor and Its asjign3 for the
period of :ix months from the diLe of this deed th right to
Inter thu above-described property and remove therefrom the
two parallel chain line fences and appurtunrices lying 150 feet
„part -Ind running along the rights-of-uay of N ppan Loulevarc
and Campu Urive. Until the removal it completed, the
United States of America or Its assigns shall have the right
of in7res5 and egress to and from the premises for the purpose
of removinr such property.
C. All existing easements for public roads, channels,
hii•huzys, public utilities, railroads, plpelines and
electrical trunrmission liner.
Pur:urtnt to authority contained in the Federal property
1114 nazainiltrAtive :;Arvlc+,s act of 1949, w awena,,d, and
ar.plie-tble rule;, regulation: and orders promulgited thereunder,
th,, General �ervlces Administration determin.d the property
to b nurplu° to the neodr of the Unitnd States of iLmerica
.nd aesi^ned tha property to the Depurtmenr cf the Interior
for further conveyance to the City of Forth Worth, Tex.to.
It Is Agreed and Understood by and between the Grczttor
+nd Grantee, and the Grantee by its acceptance of this deed,
6
lnterloeal Agreement with Fort Worth lndcpcndent School District 21 o1.29
dottj acknowledge its undorstanding of the agreement, and
tleL:= covenant anu agree for itself, and its succe3mors
and a,sLCnr, forever, as follows:
1. This property shall be used and maintolntd for the
public purpo;ec for which It was conveyed In perpetuity a:,
set torch In the program of utilization and plan contained
In the al�plle�ttlon, submitted by the Grantee on Decemb,ar lb,
1910, which program and plan may be amended from time to time
at the request of either the Grantor or Grantee, with the
written concurrenev of the other party, and such amenowents
hail be added to and become a part of the original
application.
2. Pte Grantee shall, within 6 month, of the d.tu of the %
cited of conveyance, erect and maintain a permanent -1gn or
mark=ir near the point of principal access to the conveyed area
indicating that the property is a part: or recreation area and
ha,; been acquired from the Federal Government for use by the
generuL public.
3. The property shall not be sold, leased, assignad, or
otuerwise disposed of except to another eligible governmental
a.^,ency th;tt the becretary of the Interior agree,- in writin7
c:-,n assure the continued uRe and maintenance of the prup+xrty
:c.r public park car public recreational purpose= subject to
tl:e came terms vind conditions in the original inctrum,,nt of
conveyance. llowr:ver, nothing in thL proviaton fhiill preclude
tts.; Grantee from providinc related recreational facilitias
a•.d service^ compatible with the approved application,
tnraut;h concesclon ngreements entered Into with third parties,
provided prior concurrence to such ngreements is obtained in
writinG from the Secretary of the Interior.
4. Prom the date of this conveyance, the Grantee, its
nuccos°ors and assigns, shall submit biennial reports to the
7
hnerlocal Agreement with Fort Worth Independent Schoal District 22 nI 29
Wicratary of the Interior, scttirg forth th.e u_,e made
of tit,` prut erty Burin-, tht, proeudtnC two-year purl -d,
n'l other pertinent dutra est•ihlishing its rontinuotir u:;e
;or Lh,.. purpovea set forth above, for ten rnnoeeutivo
t-por'- and as further determined by the Secretary of
the Interior.
5. fhe Grintor sh.:Il have the right during the
-,ti ,tence of any national etnrgency declarod by th erfi-ident
of th-� United Stites of imerica, or the Conires ti:ervof,
to tno rule unrostrictau posses-,ion, control anti a-c:
oi' th> pr«mises, or tiny part thereof without eharEe; provided
the Grant=s shrill bear the entire cost of maintenance of
all p. perry so used.
G. ea part of the con.,'Jderati^-n for this Deer:, the
Grantee convenants and agrees for itself, its suecersorz
."nd assiCnr, that (1) thu program for or in connectlot,
n th which thin geed Ss made will be conducted in cnrq liance
1.ith, and the Grantee, its successors and assigns, sill comply
with all requirements imposed by or pursuant to the rc_ulations
of the Department of the Interior as in effect on the date of
thi- Lied (43 C.F.R. Part 1'7) issued under the provisions
of title Vi of the t:lvil Nights -Act of 1964; (2) thi.
covanent .hell be subject in all respects to the provisions
of siid regulations; (3) the Grantee, its successors and
a._ien,, will promptly rake and continue to take such action
as mr,y be recesaary to offectu•ite this covenant; (4) the
United .:gates shall have the right to seek judicial
c,a'urcement of this covenant, and (5) the Grantee, its
,uccessors and assigns, will (a) obtain from each other
per uti (any legal entity) who, through contractual or
itt=.cr arrangements with the Grantee, Its successors or
us.tCn,:, is authorized to provide --ervices or benefits
unlci said program, a written agrooment pursuant to which
such other person shall, with rospect to the sorvicos or
benefits which he is authorized to provide, undertake for
a
lniedacal Agreement with Fort Worth Independent School District 23 of 29
the j-une oblig-ttions as those imposed upon 1A,L
G1�,nto0, it:; ;uccesaors and a signs, by this covenant,
,u.l (b) furnieh a copy of such alreemetit to the SecrcL,rry
at too Interi«Dr, or hi; Wucc,�::sor; and that tttie edvurutt
�;h,,il rail with the land hereby conveyed, and shall in any
eve--nt, without regard to technical clas_ificaLion or
de;,iznation, legal or otherwise, be binding to the fuilt^=t
extent permiLLud by law and equity for the benefit of, and
In favor of the Grantor and enforceable by the Grantur against
the Grantee, its ;ucce;=ors and assigns.
1. in the event there Is a bre4ch of any of the
condition; and covenant;; herein contained by the Gr:,ntec,
its cuccccsord and assign.=, whether caused by the ltcul or
other inability of the Grr,ntc•®, its cuccez; o=s ur,a
to perform said conditions and covenants, or otherwise, all
right, title and interest in and to the said premise. Ljhail
revert to and become the property of the Grantor at ILL;
option, which In addition to all other remedies for such
beach shall have the right of entry upon said premises, and
the Grantee, its successors and assign}, shall forfeit ali
right, title and Interest in said premises and in any and
all of the tenument:;, hereditaments and appurtenances thereunto
bulonging; provided, however, that the failure of the Secretary
of tine Lepartment of the Interior to require in any une or more
insLanc,_-s complete performance of any of the conditions
or covenants shall not be construed us a waiver or
relinquishment of such future performance, but the obligation
of the Grantee, its successors and assigns, with respect
to such future performance shall continue in full force and
affect.
t;. The Grantor re_erves all oil, gas and mineral rights
In the above-described property.
9
Interlocal Agreement with Fort Worth Independent School District 24 of 29
Ili WIIILL.:b MihRLOF, the Grantor has caused the..e
pr.s'senta to b{; executed in it- name and on its behalf
this the ! day of d re kl , 19 -�t—.
n .t ng by and thrrju,;t tl e
e""Y �f the Interior
Director
bureau of Outdoor hec eat on
nCr.N O dL LDGHENT
as
WUN I Y OF )
On thiN lYL)i day of , 19 '�_L , te,ore
e, the subscriber, personally appeared
t'.
we known anu known to me to be the Director, Lureau of
Outdoor hecreation, of the United States Department of the
Interior, o governmental agency of the United :'tntos of
America, and kn wn to tie to be the same per.ion described in
and who execut==d the foregoing instrument as suen llirYctor
aforesaid, as the act and decd of the United State: of :+ral2rica,
for and on behalf of the Secretary of the Interior, 4u1y
designated, +empowered and authorized so to do by said .,ccretary,
and tte acknowledged that he executed the foregoing instrumment
for and on behalf of the United States of r;mericr:, for the
Purposes and uses therein described.
Notary public
MY Coxmisnlon expires:
r:r
,he foregoing conveyance is hereby accepted and
the undersigned agrees, by this acceptance, to assume and
10
lnterlocal Agreement with Fort Worth Independent School District 25 of 29
bu bound by all the obligation-,, conditions, covenants
and agreements therein contained. jj fJ
Applic:, t
Location -
i
Title / t/
ACKINU'WIEDGMENT
CUUN-Y OF��iti.Lji2L.�)
Gn this aay of f er- � , 19 ZJ ,
befar , the uyleraigned UL"fieer, pervonally ap;L,reb
J`l/ tlr.f t - , to Mn moan and
known to rio to be thc� .,zme per_on whose name is :ubacrihPd
to the forrga ln- acceptance, whc being by me duly "worn, did
d=_pose and .,.iv that he is the —d44
of the
hat he 15 duly
derl,�aat,d, empowered and authorized by a re.nolution adopted
by the Cdr—" r,atr.,f 0_1-0 on nF r'-i /4.19- '. to
oxecute the foreCoine acceptance and sign his na.-,c+ thereto;
and that he rignud his name thereto and acknowledL-c: dint
he executed ther forc,;olnC inn,-rument for and on behalf of
the<<LZ`�el` 7 , a for the purpose- and
u;;e= therein described.
- L ( s
Notary--Ilublic
My Ccmminsion expires;
-z- 7
11
Interlocal Agreement with Fort Worth Independent School District 26 cif 29
Exhibit C
Licensed Premises
nsed Premis
ruy
//%i i �rp�lllli�����f tlui�m i
fM�
� °�1��t,lil�am p111 �11,�+ '�1 I• 6. I
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ii
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Interlocal Agreement with Fort Worth Independent School District 27 429
Exhibit D
Insurance
FWISD shall ensure that any of its contractors will have,at a minimum,current insurance
coverage as detailed below and will maintain it throughout the term of their activities on the
Licensed Premises. Prior to commencing any work on the Licensed Premises,any such contractor
shall deliver to City certificates documenting this coverage. City may elect to have the contractor
submit its entire policy for inspection.
A. Insurance coverage and limits:
1. Commercial General Liability Insurance$1,000,000 each occurrence;$2,000,000
aggregate
2. Automobile Liability Insurance
(a) Coverage on vehicles involved in the work performed under this
contract: $1,000,000 per accident on a combined single limit basis or:
$500,000 bodily injury each person; $1,000,000 bodily injury each
accident;and$250,000 property damage.
(b) The named insured and employees of contractor shall be covered under
this policy.The City of Fort Worth shall be named an additional insured,
as its interests may appear. Liability for damage occurring while loading,
unloading and transporting materials collected under the Agreement shall
be included under this policy.
3. Worker's Compensation
Coverage A:statutory limits
Coverage B:$100,000 each accident
$500,000 disease-policy limit
$100,000 disease-each employee
B. Miscellaneous
1. Certificates of Insurance evidencing that the contractor has obtained all required
insurance shall be delivered to the City prior to contractor proceeding with the
contract.
2. Applicable policies shall be endorsed to name the City as an Additional Insured
thereon, as its interests may appear. The term City shall include its employees,
officers,officials,agents,and volunteers as respects the contracted services.
3. Certificate(s) of Insurance shall document that insurance coverage specified
herein are provided under applicable policies documented thereon.
4. Any failure on part of the City to request required insurance documentation shall
not constitute a waiver of the insurance requirements.
5. A minimum of thirty (30) days' notice of cancellation or material change in
coverage shall be provided to the City. A ten (10) days' notice shall be
acceptable in the event of non-payment of premium. Such terms shall be
endorsed onto contractor's insurance policies.Notice shall be sent to Department
of Financial Management Services - Risk Management Division, City of Fort
Worth, 1000 Throckmorton Street,Fort Worth,Texas 76102.
Imerlocal Agreement with Fort Worth Independent School District 28 or29
f. Insurers for all policies must be authorized to do business in the state of Texas or
be otherwise approved by the City; and, such insurers shall be acceptable to the
City in terms of their financial strength and solvency.
7. Deductible limits, or self-insured retentions, affecting insurance required herein
shall be acceptable to the City in its sole discretion; and, in lieu of traditional
insurance, any alternative coverage maintained through insurance pools or risk
retention groups also must be approved. Dedicated financial resources or Letters
of Credit may also be acceptable to the City.
8. Applicable policies shall each be endorsed with a waiver of subrogation in favor
of the City as respects the contract.
9. City shall be entitled, upon its request and without incurring expense, to review
the contractor's insurance policies including endorsements thereto and, at the
City's discretion; the contractor may be required to provide proof of insurance
premium payments.
10. The Commercial General Liability insurance policy shall have no exclusions by
endorsements unless the City approves such exclusions.
11. City shall not be responsible for the direct payment of any insurance premiums
required by the contract. It is understood that insurance cost is an allowable
component of contractor's overhead.
12. All insurance required above shall be written on an occurrence basis in order to
be approved by City.
i1 Deductible or self-insured retention limits on any line of coverage required
herein shall not exceed $25,000.00 in the annual aggregate unless the limit per
occurrence or per line of coverage, or aggregate is otherwise approved by the
City.
Interlocal Agreement with Fort Worth Independent School District 24 of 29
M&Cllsview Page ] of2
Official site m the City m Fort Worth,Texas
10% �� � � FoRTNVORTIJ
��ITY COUNCIL AGENDA
COUNCIL ACTION: Approved mn9/28/2O15
����E�������
DATE: �2��U15 °°C-27492 LC�C� NAK0E' 80ODVVYATTTENN|GCDURTG15
' y�C}.: '
PUBLIC CODE: C TYPE: CONSENT NO
' ' HEARING:
SUBJECT: Authorize Execution of an |nterooa| Agreement with the Fort Worth Independent 8chnn|
District for Tennis Facility Sharing and Renovations at Rolling Hills Park with City
Participation in an Amount Up to $25.000.00 (COUNCIL DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an |ntednco|Agreement with the
Fort Worth Independent 8ohnn| District for tennis facility sharing and renovations at F<u)|/ng Hills Park,
with City participation in on amount upto $25'000.00.
DISCUSSION:
The purpose of this Mayor and Council Communication is to authorize an Interlocal Agreement with
the Fort Worth Independent School District (FVV|8D) for tennis facility sharing and renovations at
Rolling Hills Park. The FVN3O'a nniaainn is to prepare students for success in cnUege, uoreer, and
nonnrnunib/ leadership, along with instilling such xo|uen as student achievement, leadership
development, respect for diversity, equity in access, perseverance and onrnnn|tnnent' and continuous
improvement. Providing athletic and recreational opportunities tostudents is essential in furthering
the FVV|8O's mission.
Cooperation between the City and FVV|GO in the joint development, maintenance, and sharing of
facilities has been o matter of long-standing agreement between the parties for many decades. In
1978' the City Council recognized tennis facilities as o major need in the City nf Fort Worth. In 1979'
the City and FVV|SD entered into a joint-use Agreement governing the nonstruntion, maintenance,
and use of eight tennis courts at Rolling Hills Park. After wear and tear associated with more than 30
years of combined use between the City and FVV|8D, the eight tennis courts are now in need of repair
so that they can effectively continue to serve the athletic and recreational needs of both the FVV|GO
students and the genera/ public.
The FVV|GO has approached the City and offered to contribute at least$25.000.00 toward the
renovation of the tennis courts, which includes pressure washing, crack repairs, new two-tone surface
nnateria|a, new striping of all lines and markings, cleaning and painting of existing net pu|as, and the
installation of new nets with crank wenches on the existing poles. The City is proposing to contribute
up to $25'000.00 to the FVV/GD on on agreed upon reimbursement bna)a. The revenue identified for
this project is savings from previously appropriated and completed projects identified in the PACG
annual gas lease revenue plan adopted by Council. After the tennis courts are renovated, the FVV|8D
doainaa to use them to provide tennis and tennis-related physical aduoaUon, athletics, and
recreational programs to its students. The FVV|8D will pay the City a fee of$1.0O per year, with o
term to expire on September 30' 2035. The FVV|GD will be responsible for performing or causing to
be performed all activities related to the renovation project in accordance with plans to be approved
by the City. After the renovations are complete, the City and FVV|GDvvi|| split the use and
maintenance nf the tennis facilities onan agreed upon schedule. Title tn any improvements will vest
with the City. This arrangement provides the FVV|8[}with much needed tennis facilities to aen/a its
physical education, ath|etica, and nanreotinno/ programs. The City' in turn, benefits from this
arrangement by providing its citizens with aooauu to and use of recreational opportunities that would
hUn:/6o�nu.cf�oznt.oru/coouc�| nac��t�oc rcvievv.anp?I[)=20797��000uoildnte=q/20/20l5 12/24/2015
�� �� �
M&C Review Page 2 of 2
not otherwise exist without the cooperation of the FWISD, namely a fully renovated tennis facility.
The project is located in COUNCIL DISTRICT 8.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations and adoption of the previous appropriation ordinance funds will be available in the
current capital budget, as appropriated, from the Park Gas Well Leases Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
C282 541200 808490253980 $25,000.00
Submitted for City Manager's Office by_ Susan Alanis (8180)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: Sandra Youngblood (5755)
ATTACHMENTS
http://apps.cfwnet.org/council_packet/Me review.asp?ID=20797&councildate=9/29/2015 12/24/2015