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HomeMy WebLinkAboutContract 56247 CSC No. 56247 INTERLOCAL AGREEMENT FOR WESTCREEK PARK BETWEEN THE CITY OF FORT WORTH AND THE FORT WORTH INDEPENDENT SCHOOL DISTRICT This INTERLOCAL AGREEMENT ("Agreement") is made and entered into and by and between the CITY OF FORT WORTH,a home-rule municipal corporation of the State of Texas("City"), acting by and through its duly authorized Assistant City Manager, and 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. The City and FWISD are referred to herein individually as a"Party"and collectively as the "Parties." WHEREAS, Chapter 791 of the Texas Government Code, the "Interlocal Cooperation Act," authorizes local government entities to enter into interlocal contracts for governmental purposes; WHEREAS,the City is the owner of certain real property described as Westcreek Park,a 17-acre neighborhood park located at 6008 Jennie Drive,Fort Worth,Texas 76133; WHEREAS, FWISD desires to construct certain improvements on a portion of Westcreek Park to provide athletic and recreational opportunities to FWISD students in order to further FWISD's mission and values; WHEREAS, the residents of the City will benefit from the improvements FWISD constructs in Westcreek Park by having access to and use of recreational opportunities that would not otherwise exist; WHEREAS,each Party,in performing governmental functions or in paying for the performance of governmental functions hereunder,will make that performance or those payments from current revenues legally available to that Party; WHEREAS, each Party finds that the performance of this Agreement is in the common interest of the Parties, that the undertaking will benefit the public interest and that the division of costs fairly compensates the performing Party for the services or functions under this Agreement; and NOW,THEREFORE,in consideration of the mutual promises and agreements contained herein, the Parties mutually agree to the following: SECTION 1 PREMISES 1.01 For and in consideration of the terms and conditions of this Agreement, the City grants FWISD permission to develop, improve, use, and maintain a portion of Westcreek Park, located at 6008 Jennie Drive, Fort Worth, Texas 76133 ("Premises"),which is more specifically identified in Exhibit"A"which is attached hereto and incorporated herein by reference. OFFICIAL RECORD EWERLOCAL AGREEMENT FOR WESTCREEK PARK CITY SECRETARY BETWEEN THE CITY OF FORT WORTH AND THE FORT WORTH INDEPENDENT SCHOOL DISTRICT FT. WORTH, TX SECTION 2 TERM 2.01 The initial term of this Agreement is for a period of twenty(20)years, effective beginning on the date that the City's authorized representative executes the Agreement("Initial Term"). 2.02 The Initial Term may be renewed by mutual written agreement of the Parties for ten(10)successive one-year terms under the same terms and conditions of this Agreement(each a"Renewal Term"). SECTION 3 DUTIES AND RESPONSIBILITIES OF THE PARTIES; USE NOT EXCLUSIVE 3.01 Duties of FWISD. a. FWISD agrees to:(1)construct a Soccer field;(2)provide accessible parking;(3)construct an accessible ramp; (4) re-surface and re-stripe asphalt of the existing parking lot; (5)lay a new concrete sidewalk from the parking lot to FWISD property; (6) install six (6)new light poles and an LED athletic lighting system surrounding the perimeter of the Soccer field; (7)install a new gate,a new shot put pad,a new discus pad;and(8)remove,furnish, and install a new wood bollard and cable fence to facilitate the new construction(and match existing fence),as more specifically identified in Exhibit`B"which is attached hereto and incorporated herein by reference, (all work collectively referred to as "Improvements"). All of the Improvements will be completed in accordance with the construction plans approved by the City. b. From August 15 to April 30t1i of each year ("in-season"), FWISD must maintain the Improvements, including a 20-foot perimeter surrounding the soccer field, to be used as team sideline space consistent with the City's maintenance standards,which are attached hereto as Exhibit "C" and incorporated herein by reference. FWISD will perform all maintenance using FWISD employees or contractors hired by FWISD. C. Subject to the terms of this Agreement,during the in-season,FWISD will have unrestricted access to the Premises and any and all Improvements. d. From May 1st to August 14t1i ("off-season"), FWISD will have a right of first refusal for reservation of the Improvements but will not have the exclusive right to reserve the Improvements("Right of First Refusal"). i. The Right of First Refusal gives FWISD the ability to reserve the Improvements before other entities or individuals by providing the City with the dates and times FWISD desires to reserve them no later than March 30t1i of each year. ii. After April 30t1i of each year, for any additional times FWISD desires to reserve the Improvements, FWISD must provide the City with the dates and times no less than two weeks in advance of the date FWISD desires to reserve them. INTERLOCAL AGREEMENT FOR WESTCREEK PARK BETWEEN THE CITY OF FORT WORTH AND THE FORT WORTH INDEPENDENT SCHOOL DISTRICT 2 of 39 In. FWISD would have to annually provide the dates, days, and times by March 30t1i and then two weeks advance notice for any additional days and times. iv. The City reserves the right to reserve the Improvements for other individuals and entities on a first-come, first-serve basis,when the Improvements are not otherwise reserved by FWISD during the off-season. e. FWISD must maintain the LED lighting units and the control system around the Improvements year-round. I. In-season, in the event of damage (wind/vandalism), FWISD will be responsible for repair and replacement of the LED units and control system. ii. During off-season (as hereinafter defined), FWISD will remove trash cans, soccer nets, field markers,portable team benches and any temporarily placed soccer equipment from the identified space. f. FWISD must maintain an electricity account for the LED lights around the Improvements and pay for electrical utility service for the Soccer field year-round. FWISD must make plans for a junction box inside the Premises to allow for re-routing electrical feed, should City take over the maintenance of the meter. g. In-season,FWISD must maintain the irrigation system and lines and will be responsible for any repairs or replacement. h. FWISD may continue to maintain and operate the approved 0.221 acres of Westcreek Park for use of an outfield fence as outlined in the Mayor and Council Communication L-13410 and further described in Exhibit D,attached hereto. i. FWISD must install and maintain thirty-seven(37)trees within the Premises,consisting of twelve (12) cedar elms, ten (10) Texas red oaks, nine (9) Mexican white oaks and six(6) bald cypress, as further described in Exhibit E,which is attached hereto and incorporated herein by reference. j. FWISD must adhere to the Tree Planting permit requirements and guidelines as set forth in Exhibit E, which is attached hereto and incorporated herein by reference to the extent that it is part of the services to be provided under this Agreement. 3.02 Duties of the City. a. From May 1st to August 14t1i ("off-season") of each year, the City will maintain Improvements and open space in accordance with Park Standards, as further described in Exhibit C. INTERLOCAL AGREEMENT FOR WESTCREEK PARK BETWEEN THE CITY OF FORT WORTH AND THE FORT WORTH INDEPENDENT SCHOOL DISTRICT 3 of 39 b. The City will own any lights installed on the Premises after they are installed and approved for use by the City. During off-season,in the event of any damage.City will be responsible for repair and replacement of the LED lighting units and control system. C. The City will pay for all water utility bills for the Improvements. During off-season, City will maintain the irrigation system and lines and be responsible for any repair or replacement. d. The City will be responsible for managing all reservations of the Improvements during the off-season and may reserve the Improvements for entities and individuals when not reserve by FWISD in accordance with this Agreement. C. During off-season, City will maintain the shot-put pad and discus pad ("in-field area")to Park Standards. Further, City and the general public will have use of the in-field area during off-season. 3.03 This Agreement and all rights granted to FWISD herein are strictly non-exclusive. 3.04. The City reserves the right to enter into and grant licenses,leases,and other authorizations for use of the Improvements and the Premises to other persons and entities as the City deems appropriate, in accordance with applicable law, so long as those licenses, leases, and authorizations do not impede on the rights granted to FWISD under this Agreement. In the event that the City enters into the same with a third- party, then the FWISD will not be liable for any damages caused by the third-party, nor with the FWISD provide any supplemental maintenance not already covered under this Agreement. 3.05 In providing use of the Improvements and the Premises by FWISD, City does not relinquish the right to control the management of Improvements and the Premises, or the right to enforce all necessary and proper rules for the management and operation of the same. SECTION 4 TERMINATION 4.01 FWISD may terminate this Agreement for any reason by providing the City with thirty (30) days' written notice of termination. City may terminate this Agreement for any reason by proving the FWISD with 120 days' written notice of termination. 4.02 If FWISD breaches a material provision of this Agreement and such breach has not been cured within thirty (30) calendar days after the City sends written notice to the FWISD (or, if additional time is reasonably required in order to cure the breach and provided that FWISD is diligently pursing the cure, within such additional time as may be necessary),then City will have the right to terminate this Agreement. 4.03 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by either Party in any fiscal period for a Party's obligations under this Agreement, that Party will notify the other Party of such occurrence and this Agreement will terminate on the last day of the fiscal period of the applicable Party for which appropriations were received without penalty or expense to that Party of any kind whatsoever,except as to the portions of the obligations herein agreed upon for which funds have been appropriated. INTERLOCAL AGREEMENT FOR WESTCREEK PARK BETWEEN THE CITY OF FORT WORTH AND THE FORT WORTH INDEPENDENT SCHOOL DISTRICT 4 of 39 4.04 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date,the City and FWISD will be responsible for their respective duties and obligations under this Agreement up to the effective date of termination.Upon termination of this Agreement for any reason, FWISD must remove its personal property from the Premises,and City will be responsible for payment of the electric utility charges for the lights at the Improvements and all maintenance of the Improvements and the Premises. 4.05 All deadlines under this Section 4 may be extended by written agreement of the City and FWISD. 4.06 If City terminates this Agreement prior to the Expiration Date, except as allowed under Section 4.02, City will reimburse FWISD for all approved permanent Improvements constructed and completed during the term hereof. Reimbursement under this Agreement will be made on a prorated straight-line depreciation basis for each year that would have remained on this Agreement. It is further understood that any reimbursement under this Agreement is subject to and contingent upon the approval of the Fort Worth City Council in a public meeting("City Council Approval"). SECTION 5 IMPROVEMENTS 5.01 For all Improvements to be constructed or placed on the Premises by FWISD,FWISD must submit all construction plans,specification,and drawings("Plans")to the City's Director of the Park&Recreation Department or that person's designee ("Director")and obtain the Director's approval of the Plans prior to beginning construction or placement of the Improvements on the Premises. a. In addition, FWISD must obtain all permits and approvals required by the City for the Improvements to be constructed on the Premises,including,but not limited to,approval of construction plans by the Infrastructure Plan Review Center and obtaining any required building permits. b. All Improvements constructed by FWISD must meet or exceed the City's standards at the time of approval. C. FWISD will not construct any improvements, additions, or alterations without the approvals and permits required herein. 5.02 Approval by the City does not constitute a release of the responsibility and liability, if any, of FWISD, its 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 design or for any defect in any of the design,working drawings,and specifications. 5.03 City has exclusive right, title, and interest in all Improvements constructed on the Premises upon completion of construction and acceptance by the City. City has the right to repair or remove any and all Improvements on the Premises at the expiration of this Agreement. At the end of the term of this INTERLOCAL AGREEMENT FOR WESTCREEK PARK BETWEEN THE CITY OF FORT WORTH AND THE FORT WORTH INDEPENDENT SCHOOL DISTRICT 5 of 39 Agreement,City will have the right to enter the Premises and remove any and all Improvements constructed by FWISD pursuant to the terms of this Agreement. 5.04 The Premises will be kept free of mechanic's and materialman's liens at all times. FWISD will require any contractors to indemnify the City against any and all mechanic's and materialman's liens or any other type of claims or liens imposed upon the Premises arising as a result of its conduct or inactivity, as well as any claim for personal injury or property damage claim that may arise during construction. 5.05 FWISD will obtain payment and performance bonds from contractors constructing all Improvements and a maintenance bond from all contractors constructing Improvements that is valid for a period of two (2)years. All payment,performance, and maintenance bonds must name the City as a dual obligee. SECTION 6 INDEPENDENT CONTRACTOR 6.01 FWISD operates hereunder as an independent contractor and not as an officer, agent, servant, or employee of City. FWISD has the exclusive control of, and the exclusive right to control all work to be performed by FWISD pursuant to this Agreement and all persons performing the work, and to the extent allowed by law and without waiver of any immunity of defense,will be solely responsible for the acts and omissions of its officers,members,agents, and employees. City will not be responsible under the doctrine of respondeat superior for the acts and omissions of FWISD, its officers,members, agents, employees, or contractors. 6.02 The City operates hereunder as an independent contractor and not as an officer, agent, servant, or employee of FWISD. The City will have the exclusive control of, and the exclusive right to control all work to be performed by City pursuant to this Agreement and all persons performing the work and will be solely responsible for the acts and omissions of its officers,members,agents,and employees. FWISD will not be responsible under the doctrine of respondeat superior for the acts and omissions of City,its officers, members,agents,or employees. 6.03 Nothing herein will be construed as the creation of a partnership or joint enterprise between City and FWISD. It is further understood that City will, in no way, be considered a co-employer or a joint employer of FWISD or any employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers of FWISD. Neither FWISD, nor any officers, agents, servants, employees or subcontractors of FWISD will be entitled to any employment benefits from City. FWISD will be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its employees,representative,agents, servants,officers,contractors, subcontractors, and volunteers. SECTION 7 INSURANCE 7.01 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 be a INTERLOCAL AGREEMENT FOR WESTCREEK PARK BETWEEN THE CITY OF FORT WORTH AND THE FORT WORTH INDEPENDENT SCHOOL DISTRICT 6 of 39 commercial insurance company. To the extent that insurance is required under this Agreement, such requirements are set forth in subsection 7.02 of this Agreement. 7.02 All contractors hired by FWISD to perform work pursuant to this Agreement must have, at a minimum, insurance coverage as detailed below. Prior to commencing any work, FWISD will deliver to City,certificates documenting this coverage.The City may require the entire insurance policy be delivered to the City for inspection.All insurance must be maintained through the term that such activities take place on the Premises. a. Insurance Coverage and Limits: i. Commercial General Liability Insurance $1,000,000 each occurrence ii. $2,000,000 aggregate b. Automobile Liability Insurance: i. 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. ii. The named insured and employees of Adopter or its contractor will be covered under this policy. The City of Fort Worth must be named an Additional Insured, as its interests may appear. Liability for damage occurring while loading, unloading and transporting materials collected under the Agreement will be included under this policy. C. Worker's Compensation: i. Coverage A: statutory limits ii. Coverage B: $100,000 each accident iii. $500,000 disease -policy limit iv. $100,000 disease-each employee d. Miscellaneous i. Applicable policies must be endorsed to name the City an Additional Insured thereon, as its interests may appear. The term City includes its employees, representatives,officers,officials,agents,and volunteers. ii. Certificate(s)of Insurance must document that insurance coverage specified herein are provided under applicable policies documented thereon. iii. Any failure on part of the City to request required insurance documentation does not constitute a waiver of the insurance requirements. iv. A minimum of thirty (30) days' notice of cancellation or material change in coverage must be provided to the City. A ten(10)days' notice will be acceptable in the event of non-payment of premium. Such terms must be endorsed onto the contractor's insurance policies. Notice must be sent as prescribed in this Agreement and to the Department of Financial Management Services - Risk Management Division, City of Fort Worth, 200 Texas Street, Fort Worth, Texas, 76102. V. 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 will be acceptable to the City in terms of their financial strength and solvency. INTERLOCAL AGREEMENT FOR WESTCREEK PARK BETWEEN THE CITY OF FORT WORTH AND THE FORT WORTH INDEPENDENT SCHOOL DISTRICT 7 of 39 vi. Deductible limits, or self-insured retentions, affecting insurance required herein will 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. vii. Applicable policies must each be endorsed with a waiver of subrogation in favor of the City. viii. The City will 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 FWISD may be required to provide proof of insurance premium payments by the contractor. ix. The Commercial General Liability insurance policy will have no exclusions by endorsements unless the City approves such exclusions. X. The City will not be responsible for the direct payment of any insurance premiums required by the contract. xi. All insurance required above must be written on an occurrence basis in order to be approved by the City. SECTION 8 CLAIMS AND LIABILITY 8.01 Either Party agrees to notify the other Party promptly upon the receipt of any claim or lawsuit brought in connection with any injury,death,or damages on the Premises. Both Parties agree to make their officers,agents,and employees available to each other at all reasonable times for any statements and case preparation necessary for the defense of any claims or litigation for which a Party may be responsible hereunder. 8.02 Without waiving any defenses including governmental immunity, each Party to this Agreement agrees to be responsible for its own acts of negligence,which may arise in connection with all claims for damages, costs and expenses to any person or property that may arise out of or be occasioned by this Agreement or any of its activities, or from any act or omission of any employee, contractor, or invitee of the Parties to this Agreement. The provisions in this paragraph are solely for the benefit of the Parties to this Agreement and are not intended to create or grant any rights, contractually or otherwise to any third party- SECTION 9 NOTICES 9.01 Notices required pursuant to the provisions of this Agreement will be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants, or representatives,(2)delivered by facsimile with electronic confirmation of the transmission,or(3)received by the other party by United States Mail,registered,return receipt requested,addressed as follows: Cii1 : FWISD: City of Fort Worth Dr.Kent Paredes Scribner Park&Recreation Director Fort Worth ISD Superintendent of Schools INTERLOCAL AGREEMENT FOR WESTCREEK PARK BETWEEN THE CITY OF FORT WORTH AND THE FORT WORTH INDEPENDENT SCHOOL DISTRICT 8 of 39 4200 South Freeway, Suite 2200 100 N.University Drive Fort Worth,TX 76115 Fort Worth,TX 76107 With Copies to: With Copy to: City of Fort Worth Fort Worth Independent School District Attn: Assistant City Manager Attn: Legal Counsel 200 Texas Street 100 N.University Drive, SW 172 Fort Worth,TX 76102 Fort Worth,TX 76107 City of Fort Worth Attn: City Attorney's Office 200 Texas Street Fort Worth,TX 76102 SECTION 10 NONDISCRIMINATION 10.01 The Parties will 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 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 will comply with all applicable laws and regulations in any employment decisions. SECTION 11 ASSIGNMENT 11.01 City and FWISD will not assign, sublet, subcontract, or transfer any interest in this Agreement without the written consent of the other party.Except as otherwise provided in this section,no assignment, delegation of duties or subcontract under this Agreement will be effective without the written consent of the other Party. It is understood and agreed that FWISD may use subcontractors for construction and maintenance of the Improvement in accordance with the terms and conditions of this Agreement. City may use contractors to perform its maintenance obligations under this Agreement. SECTION 12 PARTIES BOUND 12.01 This Agreement is binding upon the successors and assigns of both Parties in like manner as upon the original Parties. SECTION 13 APPLICABLE LAW AND VENUE 13.01 This Agreement will be governed by the laws of the State of Texas. Venue for any action brought to interpret or enforce,or arising out of or incident to,the terms of this Agreement will be in Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. INTERLOCAL AGREEMENT FOR WESTCREEK PARK BETWEEN THE CITY OF FORT WORTH AND THE FORT WORTH INDEPENDENT SCHOOL DISTRICT 9 of 39 SECTION 14 SEVERABILITY OF PROVISIONS 14.01 If any of the Provisions contained in this Agreement are held for any reason to be invalid,illegal, or unenforceable in any respect,such invalidity,illegality,or unenforceability,will be construed as if such invalid,illegal,or unenforceable provision had never been contained herein. SECTION 15 COMPLIANCE WITH LAWS 15.01 The Parties warrant that their obligations will be performed with due diligence in a safe and professional manner and in compliance with any and all applicable statues, rules, and regulations. The Parties will comply with all federal, state and local laws. SECTION 16 RIGHT TO AUDIT 16.01 FWISD agrees that the City will, until the expiration of three (3) years after termination 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 will have access during normal working hours to all necessary FWISD facilities and will be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City will give FWISD reasonable advance notice of intended audits. The City will be responsive for its own costs in conducting an audit. SECTION 17 REMEDIES 17.01 No right or remedy granted herein or reserved to the Parties is exclusive of any other right or remedy herein by law or equity provided or permitted but each will be cumulative of every other right or remedy given hereunder. The failure of any Party hereto to exercise the rights granted them herein upon the occurrence of any of the contingencies set forth in this Agreement will not in any event constitute a waiver of any such rights upon the occurrence of any such contingencies. 17.02 If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this Agreement are for any reason held to be invalid,void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants conditions or any other part of this Agreement will remain in full force and effect and will in no way be affected,impaired or invalidated. 17.03 The headings in this Agreement are inserted for reference only and will not define or limit the provisions hereof. SECTION 18 AUTHORIZATION 18.01 The undersigned officers and/or agents are properly authorized to execute this Agreement on behalf of the Parties hereto and each party hereby certifies to the other Party that any necessary resolution or actions extending such authority have been duly passed and are now in full force and effect. INTERLOCAL AGREEMENT FOR WESTCREEK PARK BETWEEN THE CITY OF FORT WORTH AND THE FORT WORTH INDEPENDENT SCHOOL DISTRICT 10 of 39 SECTION 19 FORCE MAJEURE 19.01 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 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. SECTION 20 REVIEW OF COUNSEL 20.01 The Parties acknowledge that each Party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting Party will not be employed in the interpretation of this Agreement or exhibits hereto. SECTION 21 IMMIGRATION NATIONALITY ACT 21.01 FWISD will verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, FWISD will provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. FWISD will adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any FWISD employee who is not legally eligible to perform such services. FWISD will be responsible for any penalties, liabilities, or losses due to violation of this section by FWISD or its employees, subcontractors,agents,or licensees. SECTION 22 MULTIPLE ORIGINALS AND ELECTRONIC SIGNATURES 22.01 The Parties may execute multiple originals and multiple counterparts of this Agreement, each of which will be considered an original document. INTERLOCAL AGREEMENT FOR WESTCREEK PARK BETWEEN THE CITY OF FORT WORTH AND THE FORT WORTH INDEPENDENT SCHOOL DISTRICT 11 of 39 22.02 This Agreement may be executed by electronic signature,which will be considered as an original signature for all purposes and have the same force and effect as an original signature. For these purposes, "electronic signature"means electronically scanned and transmitted versions(e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign. SECTION 23 SOLE AGREEMENT 23.01 This Agreement represents the entire Agreement by and between the parties and supersedes all previous letters, understanding or oral agreements between the City and FWISD. Any representations, promises, or guarantees made but not stated in the body of this Agreement are null and void and of no effect. 23.02 No Party may make, revise, alter, or otherwise diverge from the terms and conditions of this Agreement without a written amendment to this Agreement. Changes to this Agreement are subject to the approval of the City and FWISD's legal advisors and Board of Trustees. [SIGNATURES ON FOLLOWING PAGE] INTERLOCAL AGREEMENT FOR WESTCREEK PARK BETWEEN THE CITY OF FORT WORTH AND THE FORT WORTH INDEPENDENT SCHOOL DISTRICT 12 of 39 IN WITNESS WHEREOF,the parties have executed-thi. grcement to be effective on the date set forth in Section 2. CITY OF FORT WORTH FORT WORTH V4DEPENDENT SCHOOL. DISTRICT: ►fit. "G...� By: Valerie Washington(Aug 31,202114:34 CDT) Valerie Washington By: Assistant City Manager Dr.Kent P Scri ner ' Aug1 2021 Superintendent,Fort Worth ISD Date: g , Date: d�/• J '2I Recommended: FORT WORTH INDEPENDENT SCHOOL By:Richard Zavala(Aug 26 21 09:13 CDT) DISTRICT BOARD OF EDUCATION Richard Zavala Director By. Park&Recreation Department Tobi]ac n Board President By: Sandra Youn d(Aug20,202116:07CDT) Date: August 19, 2021 Sandra Youngblood Assistant Director Park&Recreation Department FORT WORTH INDEPENDENT SCHOOL APPROVED AS TO FORM AND LEGALITY: DISTRICT STAFF ATTORNEY By: _ By: Nico Arias Ale antler A ,-son Assistant City Attorney Staff Attorney ,d4nnnn� a � ATTEST: p0�°FORr�ad 1By: V p o C °=d Ronald P.Gonzales dO o° a �1 Acting City Secretary ��'f°° °° *.d CONTRACT AUTHORIZATION: bFapS�pp M&C: NA I295: NIA OFFICIAL RECORD INTERLOCAL AGREEMENT FOR WESTCREEK PARK CITY SECRETARY BETWEEN THE CITY OF FORT WORTH AND THE.FORT WORTH INDEPENDENT SCHOOI.DISTRICT FT. WORTH, TX 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. Nar*n Bass-For Ulm,wyafif Martin Bass for Clint Wyatt(Aug 24,202110:09 CDT) Clinton Wyatt,District Superintendent Park&Recreation Department INTERLOCAL AGREEMENT FOR WESTCREEK PARK BETWEEN THE CITY OF FORT WORTH AND THE FORT WORTH INDEPENDENT SCHOOL DISTRICT 14 of 39 EXHIBIT A _/JPRESMISES r• �; - RY - o.6$ . J 00 r' � 1 � •4 J _ '� Y � M � •.fir w • f rr � �e i INTERLOCAL AGREEMENT FOR WESTCREEK PARK BETWEEN THE CITY OF FORT WORTH AND THE FORT WORTH INDEPENDENT SCHOOL DISTRICT 15 of 39 EXHIBIT a IMPROVEMENTS E k | q _ A • 2 r = > -n | oill § K > 1 0 2 \ 7 > ® R X < co = - _e = |■|! 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A INTERLOCAL AGREEMENT FOR WESTCREEK PARK BETWEEN THE CITY OF FORT WORTH AND THE FORT WORTH INDEPENDENT SCHOOL DISTRICT 19 of 39 �3 + � � a$ Al E i \` 4 4 1 ti ti t Fr i rr Fm L —F70 —— f ddL o A `. / { .. lb �f.: a^,•. r�4 x��5� � r �ovti t' 3, is e�m INTERLOCAL AGREEMENT FOR WESTCREEK PARK BETWEEN THE CITY OF FORT WORTH AND THE FORT WORTH INDEPENDENT SCHOOL DISTRICT 20 of 39 . � / � /R« / � - : . . . ® 9 6 � - | - . x > , . g • : �� %� , . _§:�■ 5F - . 2 f iEm f 7\ a t v H « - � � []/� )/\ e ` j : | / % [ �\§EVA []\[ . § ~ INTtRLOc 1 AGREEMENT FOR WEs CREEK PARK BETWEEN THE qz OF FORT WORTH AND THEIR WORTH INDEPENDENT SCHOOL DISTRICT 21 4a � & L \ � \ m m /E 7 , 5 Z. . . . 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I I CL ra ,n rti .a t; INTERLOCAL AGREEMENT FOR WESTCREEK PARK BETWEEN THE CITY OF FORT WORTH AND THE FORT WORTH INDEPENDENT SCHOOL DISTRICT 32 of 39 9 kB ■ a x x x x 2 27 2 � � � � � � ■ ■ q m § § § § § § r m j 1 ( 1A 16 \\ 2 \Q 2 § / / \\ 2 2 2CD / ¥ 2 E 7 § 2 � � ■ ■ � � m f t \t ) E E R § &q , m G m q GL �k k � ■ ■ ■ ■ n ƒj m Q 26 INTtRLOc 1 AGREEMENT FOR WEs CREEK PARK BETWEEN THE qz OF FORT WORTH AND THEIR WORTH INDEPENDENT SCHOOL DISTRICT 334» w tl � m b tid C+7 INTERLOCAL AGREEMENT FOR WESTCREEK PARK BETWEEN THE CITY OF FORT WORTH AND THE FORT WORTH INDEPENDENT SCHOOL DISTRICT 34 of 39 ra ' m k1y rr�g rro E 9 a�Ll, M � w t- W ilk n {„t4 C, Cp [b [b [b Ly rro � q r n n n n n hi� INTERLOCAL AGREEMENT FOR WESTCREEK PARK BETWEEN THE CITY OF FORT WORTH AND THE FORT WORTH INDEPENDENT SCHOOL DISTRICT 35 of 39 � nm , § / § E §i \§ ƒ { § ƒ e F-6 m ( Q e UQ E � § f E / 2 \ � » UQ § 8 \ k a I 8 8 ƒ § k � k k / , e INTtRLOc 1 AGREEMENT FOR WEs CREEK PARK BETWEEN THE qz OF FORT WORTH AND THEIR WORTH INDEPENDENT SCHOOL DISTRICT 364a EXHIBIT D GO�of Fort Worth, Texas 443M.Noc WA Council rommunication 7.LTa Ra:ERENCE NUMBER I �-J':-'NAV E RAGE 1C�1i02 L-13410 80WESTCREEK of t AUTHORIZATION FOR THE CONVERSION OF D-221 ACRES OF WESTCREEKt PARK FOR USE AS AN ATHLETIC FACILJTY BY THE FORT WORTH INDEPENDENT SCHOOL DISTRICT'S SOLrrH HILLS HIGH SCHOOL_ REC OMNfRJD,ATION: It is recommended that the City Council: 1. Approve the conversion of 0-221 acres of Westcreek Park for use as additional recreation al acreage For the Fort Worth I ndependent School Disfict's(FWISD)South Hills High School; and 2. Find that there is no feasible or prudent altemabve to the conversion,and that proposed school use as an athletic facility includes all reasonable planning to minimize harm to the park resulting from the aonr:ersiion;and :3. Authorize the City Manager to enter into a 20-year Hesse agreement with the FWISD for use of the D.221 acre portion of the Westcreek Park pioperty_ DISCUSSION: On June 24, 2002, FV ISD submitted a request to utiize a perbw of Westcreek Park for the construe iion of the outfield fence of the new baseball diarnorid at South Fills High School_ Westcreek Park is a 17 acre neighboitFaod park that was acquired by dlanatian in 1971_ This park is located at 6008 Jennie Drive,and serves the Westcreek community(neighlborhood unit 1-06) which is bounded by IH20 to the north,the City limit boundary and Hemphill Street on the east, Aitarnesa Boulevard on the south, and McCart Avenue on the west_ It has been heterl lined, in accordance with requirements for conversion of parkland set forth in Texas Parrs and Wildlife Code,Chapter 26,that there is no feasible altemati're to conversion of this segment of Westereek Park_ This conversion vAll encompass a 0.221 acre area in the extreme southwest writer of the park_ This conversion is neamzsary to prevent hazardous alignment of the outfield fence. This conversion vAll benefit FWISD by providing a safer alignment of the new baseball field's outfield fence_ Tine City of Fort Worth benefits by reducing park maintenance costs. On August 20. 2DD2, the Parks and Community Services Advisory Boerd (PACSAB) endorsed the staffs recommendation that the City Council: ■ Conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter 26,Pr0baclion of Public Parks and Recreational Lands;and ■ Authorize the City Manager to convert 0.221 acres of Westereek Park for use by the FWISD's South Hills High School as an athletic facility, in accordance with the Texas Parks and Wildlife Code and the Public Hearing. INTERLOCAL AGREEMENT FOR WESTCREEK PARK BETWEEN THE CITY OF FORT WORTH AND THE FORT WORTH INDEPENDENT SCHOOL DISTRICT 37 of 39 Qj� of Fort WorYh, Term ffljo" MA ccmncil communign6on DATE REFERENCE NUMBER LOG N"-E PAQE 10/1 M2 L_13410 8D4YESTCREEK of 2 s�ul2UEC:7 ALMiCRlZAT10N FOR THE COWERSION OF D221 ACRES OF WESTCREEK PARK FOR USE AS AN ATHLETIC FACILITY BY THE FORT WORTH INDEPENDENT SCHOOL DISTRICTS SOUTH HILLS HIGH SCHOOL In accordance with state Pawn, fie conversion was advertised on September 10, 17, and 24, 2002_ Plans and maps were available for put4c review for 30 days at the Parks and Community Services Department's administrate offices at 4200 South Freeway. Sui6e 22D{1- To date, no public comment has been received, and no comment was regi:fered at the August 20, 20M PACSAB n"eMng. We-stcreek Park is located in COUNCIL DISTRICT 5_ FISCAL INFORMA-nONR--ERTl FICATION: The Finance Direc6or certifies that this action will have rKa naterial effect on City Fund:. JR.k Sahmi►ted for Girr LfAm tizv's n7D At L 6= 7 I:_:'rT c.rry SY r-UTARV 4Hact by: Gripmodw!Il4partmtat 13"d_ Fadwd zaaala - _-- APPRDVHD 101D1,103 AddioioaA Iadrrmitin iC a=r-c i Srn n r9 bps '-- INTERLOCAL AGREEMENT FOR WESTCREEK PARK BETWEEN THE CITY OF FORT WORTH AND THE FORT WORTH INDEPENDENT SCHOOL DISTRICT 38 of 39 EXHIBIT E TREE PLANTING PERNHT FORT WORTH. December 16,2020 l&SC Ott 1"rshon RLM Eartbra,Inc PO Sax 79 514 Fats cTffi.Tx 761-�9 Sett;ia email. s�e=��.ar]�ar.sc�.c�Q Dear Mr MMhM. This Lener permits you=&-or your reprewucative m plant 37 trees in Westcreek ?ark,600E Juade Dr,Co-nsisting of 12 cep elms,1t0 Testis red asks,Line biexicm mgiite oaks and six bald c}Tress pe-te umcbad plans_ The follovrmg conditions also apply: 1. You are responsible for making sere your remor-a!and.'or plmhn;does no,violate any prn-ate deed reDhictions br +oar aeighboibnod,or prx-ming any additional approval needed from my PID.IIF or Dmig i Review Eoard&at may goy-emin{-our area.You are also responsibLe for proc mg off'adopaomormaintenance agreements the City deems necessary for this planting. 2. -ll trees ml]St be spaced a n,ininnrm 10' distm a from.wamr meta boxes and hghtpales-Prior to planting.}eau are respomibLe for Locating utilities and adjusting tree Locations accordingly,w ile smell meeting the minimum spacing r quh-emenrs. 3. You are responsible f,or scbedubng an onsite inspection of dLe ROW tees to be planted aA the PaA&Reumdom:s City orester's office prior to iaso<llation-Prcmde 72 hours m;nirrnrrn notice to-817-392-3738 and.-or cizT arnuG$a�lo-rtn�rbcL a.aor_Tees dmthLn-e not been iuspecmdprior m planting are subject to rej&cdom 4. You are responsible for irngal3m installation_ and maimmu_=e until the trees are established or for a period of not less thm tvLv years.whidie4•er comes last.Additionally.a1L am-biodegradable staking materials axe-o be mmoved w3dbin one year of lmtalladon. The C'Lh•n -es dye nghttorem-3-e anv and all 3-egetatu m andorhardscape in City Rights of Wzy ]fIcan be of any fotber assistamceplease cauracrme at 817-392-533£, 5incereLy. wok hdelame`dipm:Forester, For C-aig Faso Acting C'it,Fen-A-er Pam¢ '&Recmatiom Department c: 5le PARK& REC'RE ATION DEPARTI IEN7 City-of For?Worth,420 S Fmeww.5�Liae ry300. Fora A'arlh Iesai. 76115-1499 (917)-397-=704tiPARK)Fos(SI7,-=S=-37=4 INTERLOCAL AGREEMENT FOR WESTCREEK PARK BETWEEN THE CITY OF FORT WORTH AND THE FORT WORTH INDEPENDENT SCHOOL DISTRICT 39 of 39