HomeMy WebLinkAboutContract 32101 CITY SECRETARY
CONTRACT NO.
FIRST RENEWAL
OF THE AGREEMENT
BETWEEN THE
CITY OF FORT WORTH
AND THE
FORT WORTH DOG PARK ASSOCIATION, INC.
THIS FIRST RENEWAL AGREEMENT is entered into between the CITY OF FORT
WORTH, a home rule municipal corporation of the State of Texas, located within Tarrant,
Denton and Wise Counties, Texas, through its Parks and Community Services Department,
(Hereinafter referred to as the "CITY") and the FORT WORTH DOG PARK ASSOCIATION
(Hereinafter referred to as the "FWDPA").
RECITALS
WHEREAS, on December 2, 2003 the Fort Worth City Council approved the first pilot
off-leash dog park called "Fort Woof' located in Gateway Park(Ordinance Number 15762);
WHEREAS, the Fort Worth Parks and Community Services Department estimated the
annual cost for maintenance of the dog park would be $36,000;
WHEREAS, the City Council has endorsed the establishment of a support group for the
purpose of providing financial support and other enhancements for Fort Woof;
WHEREAS, the Fort Worth Dog Park Association, Inc., a duly registered non-profit
corporation, who has applied for 501(c)3 status with the Internal Revenue Service and duly
registered with the State of Texas; has agreed to serve as the coordinating support group for Fort
Woof; and
WHEREAS, the Fort Worth Dog Park Association, Inc. and the City desire to renew the
agreement to provide continued support to Fort Woof.
NOW THEREFORE the City of Fort Worth and the Fort Worth Dog Park Association, Inc. do
hereby agree to the following terms and conditions set forth in this First Renewal Agreement:
AGREEMENT
1. Term
This First Renewal Agreement will begin on April 1, 2005, and end on March 31, 2006.
The primary term of this Agreement may be renewed by mutual agreement between the FWDPA
and City for one (1) successive one (1) year term under the same conditions and terms of this
Agreement.
9 �First Renewal Agreement between the OF�+ 1
City of Fort Worth and Fort Worth Dog Park Association, Inc. C Cw t
R WORK, TEXT
2. Responsibility of the City
a) The City will serve as the sole manager of Fort Woof. City does not relinquish
the right to control the management of Fort Woof or Gateway Park, or the right to enforce all
necessary and proper rules for the management and operation of the same.
b) All decisions and actions related to the creation and ongoing management of Fort
Woof, including, but not limited to, the deployment of resources for maintenance and
development will rest solely with the City.
C) The City will appropriate all funds necessary for basic operation of Fort Woof on
a year-to-year basis. If for any reason, at any time during any term of this Agreement, the City
Council fails to appropriate funds sufficient for the City to fulfill its obligations under this
Agreement, the City may terminate this Agreement to be effective on the later of (i) thirty (30)
days following delivery by the City to FWDPA of written notice of the City's intention to
terminate, or (ii) the last date for which funding has been appropriated by the City Council for the
purposes set forth in this Agreement.
3. Responsibility of the FWDPA
a) The FWDPA agrees to provide monetary and in-kind support for the Park raised
or received by FWDPA through a designated auxiliary group. Only those funds or in-kind
support designated specifically for Fort Woof shall be donated to the City for use at Fort Woof.
b) The FWDPA agrees to dedicate one hundred (100%) percent of the net proceeds
collected by FWDPA in any City of Fort Worth Park specifically for Fort Woof.
C) The FWDPA agrees to notify in writing and secure the approval of the City prior
to initiation of any fundraising or solicitation efforts for Fort Woof.
d) The FWDPA agrees that all proceeds or in-kind materials or services donated for
Fort Woof will be targeted for use in support of the development of Fort Woof in accordance
with the Gateway Park Master Plan or City approved features in Fort Woof. The City and
FWDPA shall mutually agree to all other related activities.
e) The FWDPA agrees that they will maintain accurate accounting of all funds
collected; and no change from the intended use of the funds may occur unless approved in
writing by the original donor(s). FWDPA further agrees that fund records will be subject to
review by the City of Fort Worth Department of Audit.
f) The FWDPA may, with advance written City approval, sell or market goods in
support of Fort Woof or Gateway Park and the selling or solicitation of goods for sale and use
of proceeds shall be in accordance with the provisions of this agreement.
g) FWDPA will pay the costs of repairing (to its condition immediately preceding
the occurrence of such damage) any damage which may be done to Fort Woof or Gateway Park,
,,)END
First Renewal Agreement between the P� f "AMY
� Y
City of Fort Worth and Fort Worth Dog Park Association, Inc. y �4 ��J
any of the fixtures, structures, or the natural environment by any act of FWDPA or any of
FWDPA's employees, agents, officers, or anyone visiting the Premises upon the invitation of
the FWDPA including the patrons of the attraction or function for which FWDPA hereby is
using the Premises. The City shall determine whether any damage has been done, the amount
of the damage, the reasonable costs of repairing the damage, and whether, under the terms of the
Agreement, the FWDPA is responsible. City shall be the sole judge of the quality of the
maintenance and/or damage of Fort Woof and Gateway Park, fixtures, structures, or the natural
environment by the FWDPA
h) Any damage by the FWDPA or others incident to the exercise of privileges herein
granted shall be repaired or replaced by FWDPA to the reasonable satisfaction of the City
within thirty days of receipt of written notification from the City.
i) FWPDA shall submit a copy of their completed tax filings no later than May I sc
each calendar year.
4. Charitable Immunity and Liability Act
FWDPA agrees that if it is a charitable organization, corporation, entity or individual
enterprise having, claiming or entitled to any immunity, exemption (statutory or otherwise) or
limitation from and against liability for damage or injury to property or persons under the
provisions of the Charitable Immunity and Liability Act of 1987, C.P. R.C., § 84.001 et seq., or
other applicable law, that FWDPA hereby expressly waives its right to assert or plead
defensively any such immunity or limitation of liability as against City.
5. Independent Contractor
It is expressly understood and agreed that FWDPA shall operate as an independent
contractor in each and every respect hereunder and not as an agent, representative or employee
of the City. FWDPA shall have the exclusive right to control all details and day-to-day
operations relative to fundraising for Fort Woof and shall be solely responsible for the acts and
omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and
invitees. FWDPA acknowledges that the doctrine of respondeat superior will not apply as
between the City and FWDPA, its officers, agents, servants, employees, contractors,
subcontractors, licensees and invitees. FWDPA further agrees that nothing in this Agreement
will be construed as the creation of a partnership or joint enterprise between the City and
FWDPA.
6. Compliance with Laws
(a) It is agreed that FWDPA will comply with all federal, state, and local laws,
statutes including all ordinances, charter provisions, rules and regulations of the City of Fort
Worth; including all rules, regulations and/or requirements of the City of Fort Worth Police and
Fire Departments; in connection with this Agreement and use of Fort Woof, Gateway Park, and
any other regulations of any municipal authority of the City of Fort Worth.
First Renewal Agreement between the �' � �.-•_ V
City of Fort Worth and Fort Worth Dog Park Association, Inc. i� i��R
FT. W'VI1UfN1 MIL
(b) FWDPA shall comply with all Parks and Community Services Department
regulations, policies, and specific requirements for Fort Woof and shall coordinate with City staff
with regard to use of Fort Woof and Gateway Park.
(c) FWDPA will not do or suffer to be done anything on Fort Woof or Gateway Park
during the terms of this Agreement in violation of any such laws, statutes, ordinances, rules,
regulations, charter provisions, directives or requirements. If the City calls to the attention of
FWDPA any such violation on the part of said FWDPA, or any person employed by or admitted
to said Facilities by FWDPA, FWDPA will immediately desist from and correct such violation
and/or vacate Fort Woof and Gateway Park.
(d) Licensee is responsible for all necessary permits, licenses, and taxes from any
governmental agency with jurisdiction thereof and to pay any lawful taxes in connection with the
use of Fort Woof and/or Gateway Park related to monetary and in-kind support under this
Agreement.
7. Termination
Either party may terminate this Agreement without cause upon thirty (30) days written
notice of the other. In the event of termination or expiration of this Agreement, all funds,
materials and proceeds donated to or acquired by FWDPA for the Park shall be transferred to the
City for use in the Park as specified in Section 3 of this Agreement.
8. Governmental Powers
It is understood that by execution of this Agreement, the City does not waive or surrender
any of it governmental powers.
9. Indemnification
FWDPA AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY, ITS
OFFICERS, AGENTS SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND
ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND,
INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS
(INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY
RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH,
THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY (i) FWDPA'S
BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (it)
ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCOND UCT OF FWDPA,
ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER
THAN THE CITY) OR SUBCONTRACTORS, RELATED TO PROVIDING FINANCIAL
SUPPORT AND OTHER ENHANCEMENTS FOR FORT WOOF OR THE
PERFORMANCE OF THIS AGREEMENT, EXCEPT THAT THE INDEMNITY
PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY
RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS,
AGENTS, EMPLOYEES OR SEPARATE CONTRACTORS, AND IN THE EVENT OF
1
First Renewal Agreement between the P �.0
City of Fort Worth and Fort Worth Dog Park Association, Inc. j
JOINT AND CONCURRENT NEGLIGENCE OF BOTH FWDPA AND CITY,
RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN
ACCORDANCE WITH THE LA WS OF THE STATE OF TEXAS.
10. Assignment
FWDPA shall not assign this contract nor suffer any use of Fort Woof or Gateway Park
other than herein specified, without the written consent of City. If assigned per the written
consent of the City, FWDPA agrees to ensure that any assignee will comply with all terms,
provisions, covenants, and conditions of this contract. Assignment of this Agreement shall not
relieve Licensee from any of its obligations under this Agreement.
11. Entire Agreement
This written instrument constitutes the entire Agreement by the parties hereto concerning
this license Agreement and the Premises and the obligations of the parties and any prior or
contemporaneous oral or written agreement, which purports to vary from the terms hereof, shall
be void.
12. Modification
This Agreement cannot be modified or amended without the written consent of all the
parties hereto and attached and made a part of this Agreement.
13. Binding Agreement
This Agreement shall be binding upon and insure to the benefit of the parties hereto and
their respective heirs, executors, administrators, legal representatives, successors and, except as
otherwise provided in this contract,their assigns.
14. Venue
Venue shall be in the state courts located in Tarrant County, Texas or the United States
District Court for the Northern District of Texas, Fort Worth Division.
15. Force Majure
If Fort Woof or any portion thereof shall be destroyed or damaged by fire or other
calamity so as to prevent the use of Fort Woof or Gateway Park for the purposes and during the
periods specified in this license Agreement or if the use of Fort Woof or Gateway Park by
FWDPA shall be prevented by act of God, strike, lockout, material or labor restriction by any
governmental authority, civil riot, flood, or any other like cause beyond the control of the City,
then this contract shall terminate and FWDPA hereby waives any claim against City for damages
by reason of such termination.
First Renewal Agreement between thef, 15
City of Fort Worth and Fort Worth Dog Park Association, Inc.
16. Invalid Provisions
In case any one or more of the provisions contained in this Agreement are held to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability
shall not affect any other provision hereof and this contract shall be considered as if such invalid,
illegal or unenforceable provisions were never contained herein.
17. Notices
All notices required or permitted under this Agreement may be given to a parry
personally or by mail, addressed to such party at the address stated below or to such other
address as one party may from time to time notify the other in writing. Any notice so given shall
be deemed to have been received when deposited in the United States mail so addressed with
postage prepaid:
CITY:
Randle Harwood, Acting Director
Parks and Community Services Department
4200 South Freeway, Suite 2200
Fort Worth, Texas 761115-1499
FWDPA:
Fort Worth Dog Park Association, Inc.
Attn: Jason C.N. Smith
2257 College Ave
Fort Worth, Texas 76110
First Renewal Agreement between the
City of Fort Worth and Fort Worth Dog Park Association, Inc. �jQ
18. Execution
By executing this Agreement, FWDPA's agent affirms that he or she is authorized by
FWDPA to execute this Agreement and that all representations made herein with regard to
FWDPA Licensee's identity, address and legal status (corporation, partnership, individual, etc.)
are true and correct.
EXECUTED on this the le day of �. �� ( ` , 2005.
ATTEST: CITY OF`FORT WORTH
By: Or— By: ,oil
City Secretary Assistant CIO Manager
Approved as to form and legality: FORT WORTH DOG PARK
ASSOCIATION
<7
Bf At4-,
ssist ntC ty Attorney Jamie Lawrence, President
Lqj r-- L
contract Authorization
Date
First Renewal Agreement between the
City of Fort Worth and Fort Worth Dog Park Association,Inc. ��aG UGSS ll
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/2/2003 - Ord. 15762
DATE: Tuesday, December 02, 2003
LOG NAME: 80DOG PARK REFERENCE NO.: G-14176
SUBJECT:
Approval of Pilot Program for Off-Leash Dog Park at Gateway Park and Adoption Appropriation
Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Approve the transfer of$88,000 from the Special Trust Fund to the Park Improvements Fund; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by
$88,000 in the Park Improvements Fund from available funds.
3. Authorize the City Manager to construct a pilot off-leash dog park at Gateway Park at a cost of
$88,000.
DISCUSSION:
On October 14, 2003, Parks and Community Services Department staff provided an Informal Report to City
Council regarding citizen requests for an off-leash dog park in Fort Worth. At the City Council's request,
staff presented the issue to the Government and Neighborhood Relations Committee (GNRC) at the
November 4, 2003 meeting.
At the meeting, staff requested guidance regarding the establishment of a pilot program for a dog park in
order to test the local market for such parks. The GNRC recommends the development of a "pilot off-leash
dog park" in Gateway Park. Gateway Park was chosen based on the following criteria:
An off-leash dog park is included in the Gateway Park Master Plan.
Locating the off-leash park in a Large Recreation Park adheres to Dog Park Policy criteria.
Gateway Park is located adjacent to major freeways and thoroughfares.
Adequate parking and security lighting is already in existence.
The estimated annual cost for maintenance of the facility is $36,000. This funding is required in order to
provide for daily maintenance of the park, costs associated with irrigation, fertilizer, supplies, dumpster fees
and repairs. It is anticipated that the park will be completed during the spring of 2004. As a result, first year
costs for maintenance are estimated at $18,000, over a six-month period (March — September). Funds for
current year maintenance expenses will be included in a subsequent Mayor and Council Communication for
rollovers and designations. The annual maintenance costs of $36,000 will need to be appropriated for
future budgets.
Logname: 80DOG PARK Page 1 of 2
The GNRC recommends the pilot program be implemented without charging a user fee. Once the pilot
program has provided sufficient data regarding usage, maintenance costs and fund raising capacity the
GNRC will schedule a discussion regarding the issues of future permanent dog parks and charging a user
fee.
Staff will work with the community and the park support groups to raise additional funds for maintenance of
the facility.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached supplemental appropriation ordinance, funds will be available in the current operating budget and
capital budget, as appropriated, of thePark Improvements Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
C188 539120 080188700040 $88,000.00 C188 539120 080188700040 $88.000.00
C188 472072 080188700040 $88,000.00 FE72 538070 080502112000 $88,000.00
Submitted for City Manager's Office b Libby Watson (6183)
Originating Department Head: Randel Harwood (5704)
Additional Information Contact: Melody Mitchell (5719)
Logname: 80DOG PARK Page 2 of 2