HomeMy WebLinkAboutContract 47755 Fort Worth City Secretary Contract Number 47755
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CONTRACT N0
SUPPORT ,
AGREEMENT BETWEEN THE CITY OF FORT WORTH
AND THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF METROPOLITAN FORT WORTH
This Support Agreement("Agreement") is entered into by and between the City of Fort Worth("City"),
a home-rule municipal corporation, acting by and through its duly authorized Assistant City Manager, and the
Young Men's Christian Association of Metropolitan Fort Worth (formerly, YMCA of Metropolitan Fort
Worth) ("YMCA"), a Texas nonprofit corporation, acting by and through its duly authorized Executive Director.
City and YMCA may be referred to individually as a"Party"and jointly as the"Parties."
WHEREAS, on January 15, 2008,the City Council adopted a City-wide Aquatics Master Plan(M&C G-
16003),the full implementation cost of which totaled about$66.3 million dollars;
WHEREAS, for several years thereafter, operating funds for existing swimming pools were eliminated
from the general fund due to budgetary constraints;
WHEREAS, March 20, 2012, the City Council evaluated and adopted measures to make the Aquatics
Master Plan more feasible for aquatics to be reintroduced to the City(M&C G-17554);
WHEREAS, such measures included the funding and development of aquatics facilities called Enhanced
Neighborhood Family Aquatics Centers ("E-NFAC") in each sector of the Fort Worth; cooperation with other
entities, such as non-profit agencies, in the development of E-NFACs; and sustainability of aquatics facilities
through proper resource allocation, including subsidies,to aid in the effective operation and maintenance of such
facilities and programs;
WHEREAS, YMCA is a nonprofit organization that strengthens the community by working side-by-side
with its neighbors to ensure that everyone, regardless of age, income, or background,has the opportunity to learn,
grow,and thrive;
WHEREAS, YMCA is in the process of developing a multi-phase capital project that includes a
cooperative opportunity for an E-NFAC in the southeast sector of Fort Worth on Mitchell Boulevard in the
Renaissance Square Development("Aquatics Facility");
WHEREAS, this cooperative opportunity enables the leveraging of private and public funds to design,
construct and operate an aquatics facility in an area of the City of Fort Worth that is deficient in such
opportunities;
WHEREAS, overall costs for the entire YMCA development are anticipated at$12,100,000.00, of which
$2,300,000.00 would be the City's participation in the form of a forgivable loan specifically for the Aquatics
Facility portion of the project;
WHEREAS, the Aquatics Facility will include, among other things, approximately 7,000 square feet of
water surface, four (4) lap lanes, an interactive play feature, zero beach entry, a large open-flume slide, large
covered gathering space,site furnishings,and numerous shade umbrellas;
WHEREAS, the terms and conditions of the forgivable loan are set forth in three separate, but related,
agreements between the parties, and include a loan agreement, note, and deed of trust, said agreements being Fort
Worth City Secretary Contract Number 47756(including any related sub-numbering)("Loa In
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WHEREAS, the City has also agreed to provide long-term support for the operation and maintenance of
the Aquatics Facility in the form of an annual subsidy and contributions to a long-term major maintenance reserve
fund;
WHEREAS, YMCA anticipates beginning construction of the Aquatics Facility in January of 2017 and
completing it in February of 2018,with a grand opening scheduled for May of 2018;
WHEREAS, the City Council authorized the execution of the Loan Documents and this Agreement and
found that the execution thereof serves to carry out the public purpose of providing quality, accessible, and cost-
effective aquatics opportunities to the residents of Fort Worth in accordance with the City's 2015 Parks,
Recreation, and Open Space Master Plan and the 2008 City-wide Aquatics Master Plan, as amended (M&C C-
27548 and G-18890);
WHEREAS, this Agreement is intended to provide the controls necessary to carry out the above-stated
public purpose.
NOW,THEREFORE,the Parties understand and agree as follows:
1.
INCORPORATION OF RECITALS AND PURPOSE
1.01 City and YMCA agree that the recitals set forth above are true and correct and form the basis upon which
the Parties have entered into this Agreement.
2.
TERM
2.01 This Agreement shall be binding on the date of execution by the Parties and effective beginning on
October 1, 2017 and shall remain in effect until September 30, 2037 ("Term"), unless terminated earlier, either in
whole or in part, as provided in this Agreement.
3.
ANNUAL OPERATING SUBSIDY
3.01 Annual Operating Subsidy.
(a) Generally. It is understood between the Parties that the reimbursement set forth in this section
shall be for the actual, necessary, and allowable expenses incurred by the YMCA to operate the Aquatics
Facility during each Fiscal Year of the Term of this Agreement. For purposes of this Agreement, a
"Fiscal Year" shall be the twelve-month period beginning on October 1 and ending on September 30, or
such alternate twelve-month period as approved in writing by the Parties.
(b) Annual Operating Subsidy. The City agrees to reimburse the YMCA for the actual, necessary,
and allowable expenses incurred by the YMCA to operate the Aquatics Facility during each Fiscal Year
in an amount up to the annual allocation set forth in Exhibit A, which is attached hereto and incorporated
herein for all purposes("Operating Funds"). The City will not be responsible or liable for the payment of
any expenses incurred by YMCA that exceed the annual amount allocated for the Operating Funds. All
Operating Funds paid to YMCA pursuant to this Agreement shall be for the exclusive purpose of
supporting the operations of the Aquatics Facilities. It is understood and agreed by the Parties that the
Operating Funds shall not accrue(or rollover)from Fiscal-Year-to-Fiscal-Year.
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(c) Allowable Expenses. The City and YMCA agree that the following expenses shall be permitted
for reimbursement under this Agreement:
i. Expenses associated with employing life guards, instructors, and support staff for the
Aquatics Facility,which may include,without limitation, salary and benefits.
ii. Expenses for utilities that directly serve the operation of the Aquatics Facility.
iii. Expenses associated with Routine Maintenance and Repairs to the Aquatics Facility. For
purposes of this Agreement, "Routine Maintenance and Repairs" means those
maintenance or repairs that are integral to the core functioning and operation of the
Aquatics Facility and that occur in the normal course of operations and includes,without
limitation, regulation and monitoring of pool chemicals, pool cleaning (vacuuming and
skimming), power washing the pool deck and public spaces, filter replacements, and the
like. This shall not include Major Maintenance and Repairs, which is defined in Section
4 of this Agreement. If there is a dispute at to what constitutes Routine Maintenance and
Repairs under this Agreement,then the decision of the Director shall control.
iv. Expenses for any supplies necessary to operate the Aquatics Facilities, including, but not
limited to,office and pool supplies.
(d) Annual Budget. On or before January 31 of each upcoming Fiscal Year,the YMCA shall submit
a proposed written budget for the upcoming Fiscal Year to the City's Director of the Park and Recreation
Department or that person's designee ("Director") for review and approval. At a minimum, the budget
shall include the proposed total operating expenses for the Aquatics Facility, along with a breakdown of
the expenditures that the YMCA anticipates will be reimbursed by the City pursuant to this Agreement.
(e) Reimbursement Requests. To receive Operating Funds under this Agreement, YMCA must
submit reimbursement requests to the City on or before the 15'' day of each month throughout the Term
of this Agreement. Each request shall be for reimbursement of expenses that were incurred by the YMCA
in the prior month.For example, a reimbursement request for the month of May 2018 must be received by
June 15, 2018, and detail the expenses incurred by YMCA during May 2018. In the event the 15''falls on
a weekend or City holiday, the reimbursement request shall be due on the next business day of the City.
Any reimbursement requests must comply with Section 5. Except as otherwise provided in this
Agreement, the City will pay the reimbursement request to the YMCA within thirty (30) days after the
City receives such request.
4.
MAJOR MAINTENANCE RESERVE FUNDS
4.01 Major Maintenance Reserve Funds.
(a) For an initial period of ten (10) years, beginning in Fiscal Year 2018 and ending in Fiscal Year
2027 ("Maintenance Funding Period"), each Party agrees to annually contribute Twelve Thousand
Dollars and No Cents ($12,000.00) into separate long-term major maintenance reserve funds in
accordance with the terms herein and Exhibit B, which is attached hereto and incorporated herein for all
purposes("Maintenance Funds").
i. The Parties may elect to extend the initial ten-year Maintenance Funding Period for two
additional five (5) year periods upon mutual written agreement. If the Maintenance
Funding Period is extended by the Parties, then such extension shall be included within
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the definition of Maintenance Funding Period. If the City elects not to extend the
Maintenance Funding Period either at the end of the ten-year or first five-year extension,
the Maintenance Funds in the City Maintenance Fund (as hereinafter defined) as of that
date will remain available for reimbursement to the YMCA as provided herein until
exhausted, provided the YMCA is not otherwise in default of this Agreement and
continues to fulfill the public purposes associated with this Agreement and the Loan
Documents, including, without limitation, continuing to operate the Aquatics Facility
open to Fort Worth residents and meeting the measurable set forth in the Loan
Documents.
ii. At the end of the second five-year extension period, if the Parties have not agreed to
renew the Agreement under mutually agreed terms and conditions, the Maintenance
Funds then in the City Maintenance Fund(as hereinafter defined)will remain available to
the YMCA for reimbursement under the terms herein until exhausted, provided the
YMCA is not otherwise in default of this Agreement and continues to fulfill the public
purposes associated with this Agreement and the Loan Documents, including, without
limitation, continuing to operate the Aquatics Facility open to Fort Worth residents and
meeting the measurable set forth in the Loan Documents.
iii. In the event that City terminates this Agreement as a result of the fiscal funding out
provision set forth in Section 6.06, then any Maintenance Funds then in the City
Maintenance Fund on the effective date of termination will remain available to the
YMCA for reimbursement under the terms herein until exhausted,provided the YMCA is
not otherwise in default of this Agreement and continues to fulfill the public purposes
associated with this Agreement and the Loan Documents, including, without limitation,
continuing to operate the Aquatics Facility open to Fort Worth residents and meeting the
measurable set forth in the Loan Documents.
(b) The purpose of the Maintenance Funds is to ensure the long-term viability and use of the
Aquatics Facility through proper maintenance and upkeep so that the Aquatics Facility remains accessible
to the general public for the Term of this Agreement. It is understood between the Parties that the use of
the Maintenance Funds shall be for Major Maintenance and Repairs to the Aquatics Facility only. For
purposes of this Agreement, "Major Maintenance and Repairs" means those maintenance or repairs that
are integral to the core functioning and operation of the Aquatics Facility and that occur either
infrequently or that are scheduled on a non-routine basis, which may include, without limitation,
emergency repairs to protect the safety of the intended users or the integrity of the intended use, replacing
a pool liner or pump system, and the like. This shall not include Routine Maintenance and Repairs,which
is defined in Section 3 of this Agreement. If there is a dispute at to what constitutes Major Maintenance
and Repairs under this Agreement,then the decision of the Director shall control.
(c) The City's Maintenance Funds for each Fiscal Year shall be provided as part of the annual City
budget adopted by the Fort Worth City Council and transferred into a specially designated major capital
maintenance fund, a special purpose fund, or similar City fund ("City Maintenance Fund")to be used for
the purposes set forth herein. It is the intent of the City to set aside and expend the Maintenance Funds as
set forth herein; however, nothing contained in this Agreement shall be construed as prohibiting future
City Councils from allocating, appropriating, administrating, or expending the Maintenance Funds as it
may deem appropriate.
(d) YMCA agrees to deposit and maintain its share of the Maintenance Funds in a separate account
that will not be commingled with any other YMCA funds or accounts. YMCA shall deposit its annual
share of the Maintenance Funds into its designated account within thirty (30) calendar days after the
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beginning of each Fiscal Year during the Maintenance Funding Period and provide proof of each such
deposit to the Director. The City reserves the right to suspend any payment from the Operating Funds or
Maintenance Funds until such time as the Director receives proof of the above-stated Maintenance Funds
deposit. Any interest earned on the YMCA's share of the Maintenance Funds shall be deemed to be
Maintenance Funds and dedicated to maintaining and repairing the Aquatics facility as set forth herein.
The Maintenance Funds shall remain in the YMCA's designated account for the entire Term of this
Agreement until such time as the Maintenance Funds are approved for expenditure as set forth herein or
upon expiration or early termination of this Agreement.
(e) For so long as Maintenance Funds remain in either the City's or YMCA's respective accounts,
the Parties will work cooperatively over the Term of this Agreement to develop and update a priority list
of Major Maintenance and Repairs to be funded by the Maintenance Funds. To the extent that any Major
Maintenance and Repairs are necessary to the Aquatics Facility, the Parties agree to execute a written
memorandum of understanding setting forth, among other key terms,the scope of repairs,proposed action
plan, and financial share attributable to each Party, subject to the conditions set forth in Section 4.01(e)(i)
and (ii). The Parties must execute the memorandum of understanding before any Maintenance Funds can
be expended.
i. It is understood between the Parties that YMCA is solely responsible for all maintenance
and repairs to the Aquatics Facility. Therefore, notwithstanding anything to the contrary,
City's payments for any Major Maintenance and Repairs shall be on a reimbursable basis
only and limited to the total amount of Maintenance Funds on hand in the City's
Maintenance Fund at the time the City receives a reimbursement request. The City may
not encumber future allocations of the Maintenance Funds. Any reimbursement requests
must comply with Section 5.
ii. Any and all plans for Major Maintenance and Repairs shall be subject to review and
approval by the Director prior to the commencement thereof.
SECTION 5
REIMBURSEMENT REOUESTS AND PAYMENT ISSUES
5.01 Reimbursement Requests. Each reimbursement request from the YMCA for Operating Funds and
Maintenance Funds shall contain the following:
(a) YMCA shall submit the invoice attached hereto as Exhibit C, which is incorporated herein for all
purposes, that shall contain the amount requested for reimbursement each month, and the cumulative
reimbursement requested to date (inclusive of that month's request) for the current Operational Period.
Even if YMCA is requesting $0 for a particular month for Operating Funds, this invoice must be
submitted. This report must be signed by an authorized signatory of YMCA. By signing the form in
Exhibit C, YMCA certifies that the costs are valid, eligible, and consistent with the terms and conditions
of this Agreement,and the information contained in the report is true and correct.
(b) YMCA shall submit proof that the reimbursable expenses were paid by YMCA, which proof
must be acceptable to the Director.
5.02 Changes to Reporting Requirements. The Director reserves the right to change the reimbursement
reporting requirements and forms at the Director's sole discretion, provided, however, the Director gives YMCA
thirty(30)calendar days' written notice of any such change prior to implementation.
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5.03 Suspension of Payments. City may suspend any payments of the Operating Funds or Maintenance Funds
under this Agreement while an Event of Default exists and is continuing.
5.04 Funding Dispute. In the event of a dispute as to funding for any particular costs within a reimbursement
request, the Director shall be the final arbiter of whether such reimbursable expenses are permissible under this
Agreement.
5.05 Refunds. YMCA shall refund to the City any Operating Funds or Maintenance Funds that have been
paid to YMCA by the City that an external review or audit determines have resulted in an overpayment or have
not been spent strictly in accordance with the terms of this Agreement. YMCA shall make such refund within
thirty (30) calendar days after receiving the Director's written request for such refund. YMCA may appeal the
City's determination by submitting a written appeal to the City Manager's Office within thirty (30) calendar days
after receiving written notification from the Director requesting such refund. The decision of the City Manager or
that person's designated Assistant City Manager shall be final, and YMCA agrees to abide by such decision. In
the event that the City Manager or that person's designated Assistant City Manager finds that a refund is
warranted, then YMCA shall pay such refund within thirty (30) calendar days after the City sends written
notification of the City's decision.
6.
DEFAULT AND TERMINATION.
6.01 Events of Default or Default. The occurrence of any of the following shall constitute an Event of Default
or Default hereunder ("Event of Default") if the Event of Default is not cured within thirty (30) calendar days
after receipt of written notice thereof by City, or such other period as may be provided specifically in this
Agreement; provided, however, that(i) if YMCA reasonably cannot perform or comply with any such obligation
within such thirty (30) calendar day period and if, in City's reasonable judgment, City's security will not be
impaired, then YMCA may have such additional time to rectify such failure as YMCA reasonably may require,
provided and for so long as YMCA proceeds with due diligence, and(ii) if, in City's reasonable judgment, City's
security will be impaired if YMCA does not perform or comply with any such obligation in a period of less than
thirty (30) calendar days, YMCA will have only such period (if any) following demand in which to rectify such
failure as City may reasonably specify:
(a) Performance of Covenants. YMCA fails to observe or perform any covenant or agreement made
by YMCA hereunder or under any other agreement between YMCA and City related to the Aquatics
Facility, including,but not limited to,this Agreement and the Loan Documents.
(b) Breach of Warranty. Any representation or warranty made by YMCA hereunder, under any
statement,instrument, invoice,or certificate delivered by YMCA to City pursuant to the provisions hereof,
under any other agreement among YMCA and City related to the Aquatics Facility, including, but not
limited to, the Loan Documents, or otherwise, is determined by City to have been false or misleading in
any material respect as of the date on which the same was made.
(c) Bankruptcy, Receivership, Insolvency, Etc. YMCA commits an act of Bankruptcy within the
meaning of the Federal Bankruptcy Code; or Bankruptcy, receivership, insolvency, reorganization,
dissolution, liquidation or other similar proceedings are instituted by or against YMCA for all or any part
of the its property under the Federal Bankruptcy Code or other law of the United States or of any state or
other competent jurisdiction (domestic or foreign) and, if against YMCA, it consents thereto or shall fail
to cause the same to be discharged within sixty(60)days.
6.02 Remedies. If an Event of Default occurs and be continuing,City may,at its option:
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(a) Suspend any obligation to pay any Operating Funds or Maintenance Funds to YMCA or deposit
any Maintenance Funds into the City's Maintenance Fund.
(b) Terminate this Agreement and, cumulatively, pursue any and all remedies available to it in law or
in equity.
6.03 Cross-Default. A breach or default by YMCA of the Loan Documents, or any other agreement between
YMCA and City related to the Aquatics Facility, constitutes a contemporaneous breach of this Agreement. In the
event that the Loan Documents, or any other agreement between YMCA and City related to the Aquatics Facility,
are terminated in accordance with their respective terms and conditions due to an Event of Default, this
Agreement will automatically terminate contemporaneously with the termination of the Loan Documents, or
related agreements,as the case may be,without further notice or obligation to YMCA hereunder.
6.04 Termination by City. In the event the City terminates this Agreement prior to the expiration of the Term
due to an Event of Default and forecloses on, and continues operation of the Aquatic Facility, the YMCA shall
pay to the City any and all of YMCA's then remaining Maintenance Funds contributed into YMCA's
Maintenance Fund account, with such payment being due within ten (10)calendar days after the effective date of
termination and foreclosure.
6.05 Reimbursements Upon Termination or Expiration. The City shall not be liable for reimbursing YMCA
for any costs incurred by YMCA after termination or expiration of this Agreement, except as provided in
Paragraph 4.01.
6.06 Fiscal Funding Out. If, for any reason, at any time during any term of this Agreement, the Fort Worth
City Council fails to appropriate funds sufficient for City to fulfill its obligations under this Agreement, this
Agreement will terminate to be effective on the later of(i)thirty (30) calendar days following delivery of written
notice of City's 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. In such event the City will reimburse the
YMCA for its share of all Operating Funds for which a reimbursement request for allowable expenses has been
submitted prior to the effective date of termination, provided that sufficient funds are available. In the event that
the City terminates the Agreement under this Section 6.06 after year ten(2027), the YMCA may petition the Fort
Worth City Council to renegotiate the terms of the Loan Documents, including, but not limited to, requesting
termination of the Loan Documents, forgiveness of any remaining balance, and a release of the deed of trust
associated therewith, provided, that the City Council finds that all the City Maintenance Funds have been
completely exhausted and the YMCA has clearly demonstrated an economic hardship related to the future
maintenance and operation of the Aquatics Facility.
7.
RECORD KEEPING,MONITORING,AUDIT,AND INSPECTIONS
7.01 YMCA shall maintain fiscal and programmatic records and supporting documentation for all deposits
and expenditures made pursuant to this Agreement, including, but not limited to,those related to the Maintenance
Funds and Operating Funds. Specifically, YMCA will keep or cause to be kept an accurate record of all actions
taken and all funds spent, with source and back-up documentation. YMCA shall produce such records within
thirty(30)calendar days after written request by the City.
7.02 YMCA shall be subject to monitoring by City for compliance with this Agreement for the Term of this
Agreement. City reserves the right to perform desk reviews or on-site monitoring of YMCA's compliance
pursuant to the terms and conditions of this Agreement, and of the adequacy and timeliness of YMCA's
performance under this Agreement. After each monitoring visit, the City shall provide YMCA with a written
report of the monitor's findings. If the monitoring report notes deficiencies in YMCA's performance, the report
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shall include requirements for the timely correction of said deficiencies by YMCA. Failure by YMCA to take the
action specified in the monitoring report may be cause for suspension or termination of this Agreement as
provided herein.
7.03 YMCA agrees that the City shall have access to and the right to examine any directly pertinent books,
documents, papers and records of YMCA involving transactions relating to this Agreement during the Term of
this Agreement and for three (3) years thereafter. YMCA agrees that the City shall have access during normal
working hours to all necessary YMCA facilities and shall be provided adequate and appropriate workspace in
order to conduct audits in compliance with the provisions of this section. The City shall give YMCA reasonable
advance notice of intended audits.
7.04 YMCA further agrees to include in any of its subcontractor agreements hereunder a provision to the effect
that the subcontractor agrees that the City shall have access to and the right to examine any directly pertinent
books, documents,papers and records of such subcontractor involving transactions to the subcontract for the term
of this Agreement and for three(3)years thereafter, and further that City shall have access during normal working
hours to all subcontractor 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 subcontractor reasonable advance notice
of intended audits.
7.05 City shall have the right and privilege,through its officers, agents,employees, and servants,to inspect the
Aquatics Facility. Except in the event of an emergency, City will conduct such inspection during YMCA's
ordinary business hours. During any such inspection,City may perform any obligations that City is authorized or
required to perform under the terms of this Agreement or pursuant to its governmental duties under federal, state,
or local laws,rules and regulations, including, but not limited to, fire code inspections by the City's Fire Marshal;
determining whether YMCA is complying with this Agreement; determining the condition of the Aquatics
Facility; anything related to Routine Maintenance and Repairs and Major Maintenance and Repairs; or any other
reasonable purpose associated with this Agreement. YMCA will cooperate fully with City during any such
inspection.
7.06 This section shall survive the expiration or termination of this Agreement.
8.
CONFLICTS OF INTEREST
8.01 It is the responsibility of YMCA to comply with all applicable laws, rules, regulations, ordinances, and
other legal requirements regarding conflicts of interest and nepotism. YMCA shall have in place and at all times
follow policies to ensure such compliance and to avoid prohibited conflicts of interest or the appearance thereof.
9.
LIABILITY,INDEMNIFICATION,AND RELEASE.
9.01 The Parties acknowledge that this Agreement is strictly intended to help fund the operation and
maintenance of the Aquatics Facility and that nothing herein shall be construed as creating a partnership, agency
relationship, or joint venture between the City and YMCA.YMCA shall be liable and responsible for any and all
property loss, property damage, and personal injury related to the Aquatics Facility and this Agreement. In no
event shall the City be liable in any manner to YMCA or any other party as a result of the acts or omissions of
YMCA, its agents,employees,representatives, directors, contractors, invitees, or licensees.
9.02 YMCA COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD
HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, CITY, ITS OFFICERS, REPRESENTATIVES,
SERVANTS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS,
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LAWSUITS, ACTIONS, COSTS, AND EXPENSES OF ANY KIND OR CHARACTER, INCLUDING,
BUT NOT LIMITED TO, THOSE FOR PROPERTY LOSS OR DAMAGE AND PERSONAL INJURY,
INCLUDING,BUT NOT LIMITED TO,DEATH, ("CLAIMS") THAT MAY RELATE TO,ARISE OUT
OF, OR BE OCCASIONED BY ANY ACTS OR OMISSIONS OF YMCA, OR ITS OFFICERS,
REPRESENTATIVES, AGENTS, EMPLOYEES, CONTRACTORS, INVITEES, VOLUNTEERS, OR
LICENSEES RELATED TO THIS AGREEMENT, INCLUDING ANY ALLEGED GROSS
NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, REPRESENTATIVES,
CONTRACTORS OR SUBCONTRACTORS OF CITY.
9.03 YMCA HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND
ITS OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY
AND ALL CLAIMS OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION,
PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS
AGREEMENT AND THE OPERATIONS, ACTIVITIES AND SERVICES DESCRIBED HEREIN,
INCLUDING ANY ALLEGED GROSS NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS,
EMPLOYEES,REPRESENTATIVES, CONTRACTORS OR SUBCONTRACTORS OF CITY.
9.04 YMCA AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES,
OFFICERS, REPRESENTATIVES, AND LEGAL REPRESENTATIVES FROM ALL LIABILITY
FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN
CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT.
9.05 This section shall survive the expiration or termination of this Agreement.
10.
FORCE MAJEURE
10.01 If either Party 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 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. YMCA hereby waives any claims it may
have against the City for damages resulting from any such Force Majeure Event.
11.
CHARITABLE IMMUNITY
11.01 If YMCA,as a charitable or nonprofit organization,has or claims an immunity or exemption(statutory or
otherwise) from and against liability for damages or injury, including, but not limited to, death, to persons or
property,YMCA hereby expressly waives its right to plead defensively such immunity or exemption against City
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related to the Aquatics Facility. This waiver is: (i) only as to claims by the City and will not apply to claims by
third parties against the YMCA; and (ii) does not apply to immunity from liability for volunteers granted under
Section 84.004 of the Texas Civil Practices and Remedies Code.
12.
NOTICES
12.01 All notices which are required or permitted hereunder must be in writing and shall be deemed to have
been given, delivered or made, as the case may be, (notwithstanding lack of actual receipt by the addressee) (i)
seven(7)business days after having been deposited in the United States mail,certified or registered,return receipt
requested, sufficient postage affixed and prepaid, or(ii) one (1)business day after having been deposited with an
expedited, overnight courier service, addressed to the party to whom notice is intended to be given at the address
set forth below:
To THE CITY: To YMCA:
City of Fort Worth Young Men's Christian Association
Park and Recreation Department of Metropolitan Fort Worth
Attn: Director Attn:V.P. of Properties
4200 S.Freeway, Suite 220 512 Lamar Street, Suite 400
Fort Worth,Texas 76115 Fort Worth,Texas 76102
With a copy to:
City of Fort Worth
Office of the City Attorney
Attn: City Attorney
200 Texas Street
Fort Worth,Texas 76102
Any party may change the address to which its notices are sent by giving the other party written notice of any
such change in the manner provided in this Section,but notice of change of address is effective only upon receipt.
13.
COMPLIANCE
13.01 YMCA shall comply with all Federal, State, and City statutes, ordinances and regulations applicable
under this Agreement.
14.
AMENDMENTS AND WAIVER
14.01 No alteration, change, modification or amendment of the terms of this Agreement shall be valid or
effective unless made in writing and signed by both parties hereto and approved by appropriate action of City.
14.02 No waiver of performance by either Party shall be construed as or operate as a waiver of any subsequent
default of any terms, covenants, and conditions of this Agreement. The payment or acceptance of Operational
Funds or Maintenance Funds for any period after an Event of Default shall not be deemed a waiver of any right or
Support Agreement Between the City and the Young Men's Christian Association of Metropolitan Fort Worth 10 of 17
acceptance of defective performance.
15.
GOVERNING LAW AND VENUE
15.01 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 or the United States
District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in
accordance with the laws of the State of Texas.
16.
PREVENTION OF WASTE,FRAUD,AND ABUSE
16.01 YMCA shall establish, maintain, and utilize systems and procedures to prevent, detect, and correct waste,
fraud, and abuse in activities funded under this Agreement. The systems and procedures shall address possible
waste, fraud, and abuse by YMCA, its employees, clients, vendors, contractors, volunteers, and administering
agencies. YMCA's internal control systems and all transactions and other significant events are to be clearly
documented,and the documentation is to be readily available for monitoring by City.
16.02 YMCA shall give City complete access to all of its records, employees, and agents for the purpose of
monitoring or investigating waste, fraud, or abuse. YMCA shall immediately notify City of any discovery of
waste, fraud, or abuse. YMCA shall fully cooperate with City's efforts to detect, investigate, and prevent waste,
fraud, and abuse.
16.03 YMCA shall not discriminate against any employee or other person who reports a violation of the terms
of this Agreement, or of any law or regulation, to City or to any appropriate law enforcement authority, if the
report is made in good faith.
17.
NON-DISCRIMINATION AND EQUAL OPPORTUNITY
17.01 A person shall not be excluded from participation in, be denied the benefits of, be subjected to
discrimination under, or be denied employment in the administration of or in connection with any program or
activity funded in whole or in part with any funds made available under this Agreement, on the grounds of race,
color,religion, sex,national origin, age, disability,political affiliation or belief, sexual orientation,gender identity,
or gender expression or any other legally protected class of individuals.
17.02 YMCA covenants that neither it nor any of its officers, members, agents, employees, volunteers, or
contractors, while engaged in performing this Agreement, shall, in connection with the employment, advancement
or discharge of employees or in connection with the terms, conditions or privileges of their employment,
discriminate against persons because of their age or because of any disability or perceived disability,except on the
basis of a bona fide occupational qualification,retirement plan or statutory requirement.
17.03 YMCA further covenants that neither it nor its officers, members, agents, employees, contractors,
volunteers, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to
work on this Agreement, a maximum age limit for such employment unless the specified maximum age limit is
based upon a bona fide occupational qualification,retirement plan or statutory requirement.
Support Agreement Between the City and the Young Men's Christian Association of Metropolitan Fort Worth 11 of 17
18.
SUCCESSORS AND ASSIGNS
18.01 Neither party hereto shall assign or transfer its interest herein without prior written consent of the other
party and any attempted assignment or transfer of all or any part hereof without such prior written consent shall be
void. This Agreement shall be binding upon and shall inure to the benefit of City and YMCA and its respective
successors and permitted assigns.
19.
NO THIRD-PARTY BENEFICIARIES
19.01 The provisions and conditions of this Agreement are solely for the benefit of City and YMCA, and any
lawful successor or assign,and are not intended to create any rights, contractual or otherwise,to any other person
or entity.
20.
SEVERABILITY AND CAPTIONS
20.01 If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
20.02 Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a
part of this Agreement.
21.
AGREEMENT CONSTRUCTION
21.01 The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this
Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the
drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto.
22.
COUNTERPARTS AND ELECTRONIC SIGNATURES
22.01 This Agreement may be executed in several counterparts, each of which will be deemed an original, but
all of which together will constitute one and the same instrument. A signature received via facsimile or
electronically via email shall be as legally binding for all purposes as an original signature.
23.
LEGAL AUTHORITY
23.01 YMCA represents and warrants that: (i) it possesses the legal authority to enter into this Agreement, to
receive and manage the Funds authorized by this Agreement, and to perform the services YMCA has obligated
itself to perform hereunder; (ii) the execution, delivery, and performance of this Agreement will not violate
YMCA's constitutive documents or any requirement to which YMCA is subject and represents the legal, valid,
and binding agreement of YMCA, enforceable in accordance with its terms; and (iii) the person signing this
Agreement has the legal authority to execute this Agreement on behalf of the YMCA, and that such binding
authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The City is
fully entitled to rely on this warranty and representation in entering into this Agreement.
Support Agreement Between the City and the Young Men's Christian Association of Metropolitan Fort Worth 12 of 17
23.02 City shall have the right to terminate this Agreement if there is a dispute as to the legal authority of either
YMCA or the person signing this Agreement on behalf of YMCA to enter into this Agreement or to render
performances hereunder. YMCA is liable to City for any money it has received from City for performance of the
provisions of this Agreement, if the City has terminated this Agreement for reasons enumerated in this Section.
24.
GOVERNMENTAL POWERS AND IMMUNITIES
24.01 It is understood that by execution of this Agreement, the City does not waive or surrender any of its
governmental powers or immunities.
25.
ENTIRE AGREEMENT
25.01 This writing embodies the entire agreement and understanding between the Parties hereto, and there are
no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not
merged herein and superseded hereby.
IN WITNESS WHEREOF, the parties have executed this Agreement as of IT day of
.,9ny-t)4 ,201_T, in Fort Worth,Tarrant County,Texas.
CITY OF FORT WORTH YOUNG MEN'S CHRISTI ASSOCIATION OF
METROPOLITAN FORT ORTH
By:_ � By:
Su n Alanis Tony 11 rnjt/
Assistant City Manager PresidCEO
APPROVED AS TO FO AND LEGALITY:
�fA,
Tyler R ac)}
Assistant ity Attorneyv. FD
A.
ATTEST: U
,d/ n
ary Kays r
City SecreXAS
Authorization:
M&C: C-27548(December 1, 2015); G18890(December 6,2016) OFFICIAL RECORD
Form 1295: 10%-l- 6-Jj 331p CITY SECRETARY
FT.WORTH,TX
Support Agreement Between the City and the Young Men's Christian Association of Metropolitan Fort Worth 13 of 17
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible for the monitoring and administration
of this contract, including ensuring all performance and reporting requirements.
Name of Employee
45-,x-z2kr aza_e�'.
Title
Support Agreement Between the City and the Young Men's Christian Association of Metropolitan Fort Worth 14 of 17
EXHIBIT A
OPERATING FUNDS
20 YEARS
Annual Subsidy
with 2% Annual
Increase Cumulative
Year 1(2018) $59,000.00 $59,000.00
Year 2 (2019) $60,180.00 $119,180.00
Year 3 (2020) $61,383.60 $180,563.60
Year 4(2021) $62,611.27 $243,174.87
Year 5 (2022) $63,863.50 $307,038.37
Year 6 (2023) $65,140.77 $372,179.14
Year 7 (2024) $66,443.58 $438,622.72
Year 8 (2025) $67,772.45 $506,395.17
Year 9 (2026) $69,127.90 $575,523.08
Year 10(2027) $70,510.46 $646,033.54
Year 11 (2028) $71,920.67 $717,954.21
Year 12 (2029) $73,359.08 $791,313.29
Year 13 (2030) $74,826.27 $866,139.56
Year 14(2031) $76,322.79 $942,462.35
Year 15 (2032) $77,849.25 $1,020,311.60
Year 16(2033) $79,406.23 $1,099,717.83
Year 17(2034) $80,994.36 $1,180,712.19
Year 18(2035) $82,614.24 $1,263,326.43
Year 19 (2036) $84,266.53 $1,347,592.96
Year 20(2037) $85,951.86 $1,433,544.82
$1,433,544.82
Support Agreement Between the City and the Young Men's Christian Association of Metropolitan Fort Worth 15 of 17
EXHIBIT B
MAINTENANCE FUNDS
20 YEARS MAJOR CAPITAL MAINTENANCE FUND
C't�t YMCA Match Cumulative
Year 1 (2018) $12,000.00 $12,000.00 $24,000.00
Year 2 (2019) $12,000.00 $12,000.00 $48,000.00
Year 3 (2020) $12,000.00 $12,000.00 $72,000.00
Year 4(202 1) $12,000.00 $12,000.00 $96,000.00
Year 5 (2022) $12,000.00 $12,000.00 $120,000.00
Year 6 (2023) $12,000.00 $12,000.00 $144,000.00
Year 7 (2024) $12,000.00 $12,000.00 $168,000.00
Year 8 (2025) $12,000.00 $12,000.00 $192,000.00
Year 9 (2026) $12,000.00 $12,000.00 $216,000.00
Year 10(2027) $12,000.00 $12,000.00 $240,000.00
Year 11(2028) $0.00 $0.00 $240,000.00
Year 12 (2029) $0.00 $0.00 $240,000.00
Year 13 (2030) $0.00 $0.00 $240,000.00
Year 14(2031) $0.00 $0.00 $240,000.00
Year 15 (2032) $0.00 $0.00 $240,000.00
Year 16 (2033) $0.00 $0.00 $240,000.00
Year 17(2034) $0.00 $0.00 $240,000.00
Year 18 (2035) $0.00 $0.00 $240,000.00
Year 19 (2036) $0.00 $0.00 $240,000.00
Year 20(2037) $0.00 $0.00 $240,000.00
$120,000.00
Support Agreement Between the City and the Young Men's Christian Association of Metropolitan Fort Worth 16 of 17
EXHIBIT C
INVOICE
Agency: Young Men's Christian Association of Metropolitan Fort Worth
Address:
City, State, Zip:
Program:
Period of Service:
Program' Amount
This Ittvaice cumukxv ,aIlk �, ► 10E
Certification: I certify that the costs incurred are valid and consistent with the terms and
conditions of the Agreement between The Young Men's Christian Association of Metropolitan
Fort Worth and City of Fort Worth. By signing this invoice, I certify that, to the best of my
knowledge and belief,the data and information included in this report is true and accurate. It
is acknowledged that the provision of false information could leave the certifying official
subject to the penalties of federal, state, and local law.
Signature/Date:
Name:
Title:
Support Agreement Between the City and the Young Men's Christian Association of Metropolitan Fort Worth 17 of 17
CERTIFICATE OF INTERESTED PARTIES FORM 1295
Toil
Complete Nos.i-4 and 6 it there are Interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate i1jumber.
of business. 2017-156336
Young Mens Christian Association of Metropolitan Ft Worth
Fort Worth,TX United States nate Filed:
2 Name of governmental entity or state agency that is a parry tot the contract for which the form is 01/19/2017
being filed.
City of Fort Worth Date Acknowledged-
3 Provide the identification number used by the governmental entity or state agency to track or Identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
47555
Operating and Maintenance Subsidy for Aquatic Facility
Nature of interest
4 Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling7 Intermediary
t
5 Check only if there is NO Interested Party.
X
6 AF 1 swear,or affirm,unde enal a
ry w
y, at above disclosure is e and correct
CAROLINE D, ROPER
Notary Public,State of Texas
!^l sat$Comm.Explret+ 11.19-2011
Notary ID 1104487-1
'-�Wnatdre of authorized agent of contracting business entity
AFFIX NOTARY STAMP I SEAL ABOVE
Sw and subscribed before me,by the said bL � ,this the day of. h uA Yt
20 to certify which,witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission wwmethics.state.N.us Version V1.0.277
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/1/2015 - Ordinance No. 21985-12-2015
DATE: Tuesday, December 1, 2015 REFERENCE NO.: C-27548
LOG NAME: 80FORTWORTH&YMCA LOAN AGREEMENT
SUBJECT:
Authorize the Expenditure in the Amount of$2,300,000.00 in the Form of a Forgivable Loan to the YMCA
of Metropolitan Fort Worth for the Construction of a New Full Service Aquatic Facility, Authorize Execution
of a Loan Agreement, Authorize the Execution of a Support Agreement and Adopt Appropriation Ordinance
(COUNCIL DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize an expenditure in the amount of$2,300,000.00 in the form of forgivable loan to the YMCA of
Metropolitan Fort Worth for the construction of a new full service aquatic facility in the southeast section of
Fort Worth, to be open to residents of Fort Worth in a manner similar to other City aquatics facilities;
2. Authorize the execution of a Loan Agreement and any related documents with the YMCA of
Metropolitan Fort Worth for a 20-year loan term beginning on the date that the aquatic facility is ready for
public use;
3. Authorize any amendments to the Loan Agreement that may be necessary to achieve the project
goals, provided that the amendments are within the scope of the project and in compliance with City
policies and applicable laws and regulations;
4. Authorize the execution of a multi-year Support Agreement with the YMCA of Metropolitan Fort Worth
to support the operation and maintenance of the new full service aquatic facility to:
a. Provide an annual operating subsidy of$59,000.00 for a term of 20 years to begin
in Fiscal Year 2017, with annual increases of two percent; and
b. Contribute $12,000.00 per year to a long-term major maintenance reserve fund for
a primary term of 10 years beginning in Fiscal Year 2017, with two five-year renewal options.
5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Southeast Enhanced Neighborhood Family Aquatics Center Project of the General Capital Projects Fund
in the amount of$2,300,000.00 from available funds; and
6. Find that execution of the loan and the corresponding Support Agreement serve to carry out the public
purpose of providing quality, accessible and cost-effective aquatics opportunities to the residents of Fort
Worth in accordance with the City's 2015 Parks, Recreation and Open Space Master Plan and the 2008
City-Wide Aquatics Master Plan (as amended in 2012) and providing that adequate controls are in place
through such agreements to carry out such public purpose.
Logname: 80FORTWORTHYMCA_LOAN AGREEMENT Page 1 of 4
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is for the City Council to authorize the
expenditure of$2,300,000.00 of General Capital Project Funds as the City's portion for the design and
construction of an Enhanced Neighborhood Family Aquatic Center (E-NFAC) in cooperation with the
YMCA of Metropolitan Fort Worth (YMCA), along with the provision of support funds to help subsidize
costs associated with the operation and maintenance of the E-NFAC. Loan funds will be distributed on a
reimbursable basis during the project design and construction phase up to a total of$2,300,000.00, with
an anticipated sum of up to $500,000.00 in Fiscal Year 2016 and up to $1,800,000.00 in Fiscal Year
2017. These amounts are subject to change and may be adjusted based on project schedule and
completion dates.
On March 20, 2012 (M&C G-17554), the City Council adopted amendments to the 2008 City-Wide
Aquatics Master Plan (Aquatics Master Plan). The amendments addressed the size and scope of future
aquatic facilities, outlined sectors of the City for facility distribution, recommended an operational subsidy
and emphasized the pursuit of partnerships to leverage the City's investment. The Aquatics Master Plan
specifically stated that the City should continue to pursue partnerships with other entities such as school
districts, non-profit agencies and private donors in the development of E-NFAC's.
In endorsing its recommendation to the City Council on January 25, 2012, the Parks and Community
Services Advisory Board included that the City should fund the construction of an E-NFAC in the eastside
sector in the next two to four years. On August 20, 2015, the most recent Citizens Survey was presented
to the City Council and, overall, the quality of parks/recreation programs and facilities was the fourth most
important priority of survey respondents with 61 percent of respondents indicating they were either
supportive or very supportive of developing new outdoor aquatics facilities. Specifically, one of the only
decreases in notable trends for citizen satisfaction seen since the 2009 survey was the availability of
outdoor swimming pools, with the greatest decrease at 11 percent and when considered by sector more
concern was shown in the east and west sectors.
The YMCA approached the City as early as March of 2014 with a multi-phase capital development needs
plan that included a cooperative opportunity for an aquatic facility in the southeast sector as Phase I. The
new facility will be located in the Renaissance Square development and the YMCA has identified and
secured a site for the new campus on Mitchell Boulevard, just south of East Berry and next to the Mitchell
Boulevard Elementary School. Overall cost for the entire development is anticipated at $12,100,000.00, of
which $2,300,000.00 would be the City's participation in the form of a forgivable loan specifically for the
aquatics (E-NFAC) portion of the YMCA campus. The City's financial participation is intended to show
both cooperative commitment and assist the YMCA in leveraging all potential fund raising efforts. The
actual loan funds, as an included stipulation of the loan contract, will be the last used for the E-NFAC after
all other financial resources have been applied. Construction of the E-NFAC portion of the YMCA campus
is anticipated to begin around July of 2016, with approximately three months of construction in Fiscal Year
2016 and anticipated to conclude in April of 2017, with approximately seven months of construction in
Fiscal Year 2017, with a May 2017 opening.
This E-NFAC will provide a much needed community resource for residents in the area, with increased
access to recreational swimming, swim lessons and water safety instruction.
The primary terms of the proposed Loan Agreement include the following:
1. Twenty year forgivable loan of$2,300,000.00 with zero percent interest evidenced by a note and
secured by a deed of trust against the E-NFAC portion of the YMCA campus. The deed of trust will
secure the YMCA's performance of the loan conditions as well as repayment of the loan funds if the loan
terms are not met, with forgiveness amortized over the term of the loan.
2. Any unforgiven portion of the loan must be repaid in the event of default, with the entire amount being
forgiven at the end of the loan term if there is no default.
Logname: 80FORTWORTHYMCA LOAN AGREEMENT Page 2 of 4
3. Construction must be complete and the E-NFAC opened for use within two years from the Loan
Agreement execution date, with a one year extension allowable upon mutual written agreement.
4. Payment of loan funds to the YMCA will be on a reimbursable basis during the construction phase of
the project and will be the last dollars put into the E-NFAC portion of the project.
5. Measurables must be met to ensure the public purpose is fulfilled, including:
a. A minimum number of Fort Worth residents to be served similar to any other City
of Fort Worth aquatics facilities, availability and hours of operation, daily admission
fees, private rentals, special events and use without a YMCA membership; and
b. Provision of learn-to-swim programs.
6. The YMCA will retain all revenues generated at the aquatics facility.
At the expiration of the 20-year term, public access would be maintained subject to the continuation of a
direct operating subsidy by the City.
In order to ensure that the aquatics facility is both accessible to citizens and operated and maintained to a
level acceptable to the City, it is recommended that the City provide an annual operating subsidy of
$59,000.00 with annual increases of two percent. The subsidy would cover lifeguards, instructors and
support staff related to the E-NFAC for the months the aquatics facility is in operation and accessible to
the public. Additionally, the YMCA has proposed the establishment of a long-term major maintenance
reserve fund and is requesting that the City contribute $12,000.00 per year for an initial period of 10 years,
with the option to renew for two additional five year periods. The YMCA would provide an annual dollar-
for-dollar match. The fund would be used for the repair and replacement of items associated directly with
the E-NFAC. The combination of these two financial considerations would equate to a total initial
operational outlay of$71,000.00 in Fiscal Year 2017, $72,180.00 in Fiscal Year 2018, $73,384.00 in Fiscal
Year 2019, etc. Funding will be requested to meet the contractual obligation for the Support Agreement in
the Fiscal Year 2017 proposed operating budget of the General Fund.
The proposed location for the new Southeast YMCA is in COUNCIL DISTRICT 8.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations and adoption of the attached appropriation ordinance, funds will be available in
the Fiscal Year 2016 General Capital Improvement Program as appropriated in the General
Capital Projects Fund.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program Activity Budget Reference # Amount
ID ID Year Chartfield 2
§J 30100 0800450 4910100 10003
_ 6 2016 2,300,000.00
5 30100 0800450 100036 2016 2,300,000.00
FROM
Fund Department ccounj Project Program ctivi Budget Reference # Amount
ID ID Year Chartfield 2
1
301001 0800450 1 1 100036 2016 2,300,000.00
Logname: 80FORTWORTHYMCA LOAN AGREEMENT Page 3 of 4
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: Richard Zavala (5704)
ATTACHMENTS
1. 80FORTWORTHYMCA LOAN 30101 FY16 AO (rev).docx (Public)
2. SAM YMCA.pdf (CFW Internal)
Logname: 80FORTWORTHYMCA LOAN_AGREEMENT Page 4 of 4
CERTIFICATE OF INTERESTED PARTIES FORM 1295
10f1
Complete Nos.l-4 and 6 If there are Interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no Interested parties, CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2016-138726
YMCA of Metropolitan Fort Worth
Fort Worth,TX United States Date Filed:
2 Name of governmental entity or state agency that Is a party to the contract for which the form is 11/18/2016
being filed.
City of Fort Worth Date A nowl dgedh
, 7
3 Provide the identification number used by the governmental entity or state agency to track or identity the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
TBD
Neighborhood and Community services in Southeast Fort Worth
4 Nature of Interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
YMCA of Metropolitan Fort Worth Fort Worth,TX United States X
i
5 Check only If there is NO Interested Party,
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
CAROLINE 0, ROpE&
Notary Public,StCte o1 fexai
?y
:*f Comm.Expires 11.19.2017 .E
s�•ov r r NotorY ID 1104487.1
ur►� Signature of th rued agent of contracting business entity
AF X NOTARY STA /SEAL ABOVE
V �
Sworn to and subscribed beforeme,by the said { "Ingthis the���day of NQYC h r b 7r,
20 l rT to certify which,wKness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277