HomeMy WebLinkAboutContract 28453-A1 W
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SECRETARYII,�
CONMCTNOO
CONTRACT BETWEEN THE
CITY OF FORT WORTH AN
STREAMS AND VALLEYS, INC.
This Contract is made and entered into by and between the City of Fort "'worth, a home-
rule municipal corporation of the State of Texas, located within Tarrant and Denton Co untie ,
(hereinafter referred to as "City" and Streanis and Valleys, Inc., a Texas nonprofit corporation
(hereinafter referred to as "S&V" ,
In eonsideratio�n for the covenants and agreement hereafter set firth, it is mutually agreed
as follows;
1, qty and the Colonial Country Club "CCC") have entered into a license agreement
whereby the City ,has provided the CSC the use of a certain p ortion of park land located ust east
of the eastern property lire of Colonial Country Club, more commonly known as Forest lark, for
a period of forty-five consecutive days each calend ar year for ten 1. annual license periods for
the purpose of providing ancillary services and related activities during the annual Colonial PG
"our Golf Tournament.
2. In exchange for the license to use this portion o f park land, ACC has agreed to pad" an
annual license fee to the City in the following manner
a, Years 2 1..3�-2 o 7 . C'C '. will kkk a y an annual license t o e o Twenty-Seven
Thousand Six Hundred Seventy-Five Dollars and No, Cents ($2,7,675.00), of
which Two Thousand Five Hundred Dollars and No Cents $2,500.00 shall
he paid directly to the City and the remaining Twenty-Five Thousand one
Hundred Seventy-Five Dollars, and No Cents (25,175.00 to he paid directly to
S&V.
b. Years 2018-2022 „_ CCC will pay an annual ice . e fee of Twenty-Nine
Thousand Five Hundred Dollars and No Cents ($29,5;00.00), of which Two
Thousand Five hundred Dollars and No Cents $2,500.00 shall he paid
directly to the City and the remaining Twenty-Seventy Thousand Dollars and
No Cents 7,0010,00 to be paid directly to S&V,
e. Renewal Period - Unless otherwise agreed to in writing by CCC and the City,
CCC will continue paying the license fee as set forth in 2(b).
3 S V hereby agrees that all sums eolle :ted from the Colonial Country Club for use of that
portion of park land known as Forest Park shall he expended solely for carrying out Parks and
Cornn-mni.ty Services Department "PACED" purposes on dedicated lurk land or land under the
jurisdiction of the Tarrant Regional Water District.
OFFICIAL
Agreement with Stre rn &.Valleys, Inc. � ""
CITY SECRETARY
FTx WORTH,'TX!RA C E I V E D MAY 2 0 2013
4. All expenditures, proposed by S&V involving the use of said fees paid by the Colonial
Country Club under the license agreement with the City shall be submitted 'in writing to the
PACS,D or that person designee or representative ("Director") and shall be approved in writing
prior to the use of any portion of the funds for any reason.
5. All funds received by S&V shall be expended on a schedule as, mutually agreed on by
the City and any S&V. Any funds not expended during the calendar year in which they are
received shall rollover f"or use in the next calendar year and be earmarked for the purpose of
carrying out PACSD's purposes on dedicated park and or land under the jurisdiction of the
Tarrant Regional Water District,
6. The City of Fort, Worth reserves -the right to terminate this agreement immediately,
should any one or combination of the following, occur.-
a. The license agreement between the City and Colonial Country Club is terminated
for any reason.
b. S&V falls to obtain approval from the Director for the expenditures of any portion
of the annual rental fees,paid by the Colonial Country Club,
C. S&V expends any portion of monies received from Colonial Country Club, for any
purpose other, than carrying out PACS�D purposes on dedicated park land or land
under the jurisdiction of the Tarrant Regional Water District.
7. Termination of this Agreement without cause may be by either 'Party upon thirty (30)
days written notice. Said termination notice shall be considered rendered when placed in the
United States Postal Service for delivery to the other party. Upon termination, the parties shall
be released from all obligations contained in Agreement except for the Indemnification section in
paragraph 8, below.
8. S&V COVENAN"I"S AND AGREES 1"0 AND DOES HEREBY INDEMNIFY,
HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY, ITS OFFICERS,
SERVANTS AND EMPLOYEES,, FROM AND AGAINST ANY AND ALL CLAIMS OR
SUIJ IS FOR ALL LIABILITY, DEMANDS, CLAIMS, ACr riONS, LOSSES, INTERESTS,
FROM AND AGAINST ANV AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS
OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND
ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHE THER REAL OR
ASSERTED, ARISING OUT OF THE WORK AND SERVICES TO BE PERFORMED
I q
III BY S&Vj ITS OFFICERS', AGENTS, EMPLOYEES,
SUBCONTRACTORS, LICENSEES OR INVITEES, WHETHER OR NOT CAUSEDI N
WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF r,]rHE OFFICER
SERVANTS,.ENIP LOY EES, OF THE CITY; AND TO THE EXTENT' PERMITTED: BY
LAW, SAID S&V DOES HEREBY COVENANT AND AGREE TO INDEMNIFY,
DEFEND, AND HOLD HARMLESS THE CITY,, ITS OFFICERS, SERVANTS AND
EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR, PROPERTY LOSS OR
Agreement with Streanis&Valleys,Inc, 914�1
Z to f y
.............. ................ .......... ...........
DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, ARISING OUT OF, THE WORK AND SERVICES TO BE PERFORMED
HEREUNDER BY STREAMS AND VALLEYS,, INC,, ITS OFFICERS, AGENTS,
EMPLOYEES, OR SUBCONTRACTORS, WHETHER OR NOT CAUSED, IN WHOLE
OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE OFFICERSL_SERVAN
OR EMPLOYEES OF THE CITY., TO THE EXTENT PERMITTED BY LAW, S
LIKEWISE COVENANT'S AND AGREES TO, AND DOES HEREBY, INDEMNIFY
AND HOLD HARMLESS CITY FROM AND AGAINST' ANY AND ALL INJURIES,
DAMAGE, LOSS OR DESTRUCTION TO PROPERTY OF CITY DURING THE
PERFORMANCE OF ANY OF r rHE TERMS AND CONDITIONS OF THIS,
CONTRACT, WHETHER ARISING OIJ-17 OF IN WHOLE OR IN ART ANY AND
ALL ALLEGED ACTS OR OMISSIONS OF OFFICERS, OR EMPLOYEES OF CITY$
91. It is understood and agreed that the relationship of S,&V to City shall be that of an
independent contractor for all purposes and in regard to all matters arising out of this license
agreement. S shall operate hereunder as an, independent contractor and not as an agent,
representative or employee of the City. S&V shall have exclusive control of and the exclusive
right to control its employees and the details of'its operations on the licensed premises and shall
be solely responsible for the acts and omissions of" its officers, agents, employees, contractors
and subcontractors. The doctrine of respoindeat superior shall not apply as between S&V and
City, its officers, agents, employees, contractors and sub coin tractoirs, and nothing herein shall be
construed as creating a partnership or pint enterprise between S&V and City.
10. Any assign. ent, transfer or attempted transfer or assign-ment of this agreement to any
other person, firm, or entity, shall be volid unless, the City previously approved such assignm ent or
transfer. Upon reassignment, the new person, firni., or entity shall assume all rights, duties and
obligations possessed by S&V under this agreement.
l . This Agreement is the final, entire and complete Agreement between S and the City
and supersedes any prior and contemporaneous negotiations, understandings, representations
and/or agreements between the parties.
12. This Agreement shall be construed in accordance with the law's of the State of Texas.
Exclusive venue for any la slits Or actions, of law or inequity arising hereunder shall be in state
courts located in Tarrant County, Texas or the United States District Court for the Northern
District of Texas,, Fort Worth Division.
13. Sandra Youngblood will be the representative for the 'PACSD in regard to the
implementation of this agreement and for ensuring compitiance with all temis and conditions,
thereof. This individual may be contacted at 817-392-5755.
1 . Signature below indicates agreement and acceptance of-the above terms and conditions.
I
One fully executed copy of the signed Agreement is to be returned to PACSD.
Agreement with Streams&Valleys, Inc,
3 Orr-
............ ,............
15. The contract executed by the City and S V dated March 18,, 2003, pursuant to M&C C-
19397 concerning the use of a portion of funds generated by the C,CC is hereby tern-linated and
superseded by this Contract.
Executed on this the day of P 20 13.
CITY OF FORT WORTH STREAMS AND VALLEYS,, C.
By B
Su,ra�nA I a n i s
A istant City Manager Title-
Approved as to fonn and legality:
Tyl er flach
Assistant City Attorney
ATTEST,- 40
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Kayser 8
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City Secretary
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Contract Authorization:
M&C.- C-26195
Date: April 9, 2013
OFFICIAL R,ECO,RD
]D
Agreement with Streams&Valleys,Inc. ty
CITY SECRETARY I
C
FT. WORTH,TX
M&C Rev Page I of 2
Official site of the City of Fort Woith,Tcxas
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COL I Y %000 U NICaftl L AG E N DA
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COUNCIL ACTION: Approved As Amended' on 4/912013 Ordinance No. 206915-04-2013
"UMMM 01"10
DATE: 4/9/2013 REFERENCE, NO.: **C-26195 LOG NAME: 180CCCSV
CODE: C TYPE.- CONSENT PUBLIC HEARING,-, NO
SUBJECT: Authorize Execution of an Amendment and Restatement of City Secretary Con-tract No.
28453 Between the City of Fort Worth and Colo,niiial Country Club, and Streams and
Valley�s, Inc., for the Use of Forest Park and Adopt Appropriation Ordinance (COUNCIL
DISTRICT 9)
RECOMMENDATION
Its recommended that the City Council,-.
1. Authorize the execution of an Agreement with Colonial Country Club for the use of a portion of
Forest Park for a 451-day period related to the annual golf tournament in May,
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2. Authorize the execution, of an agreement with Streams and Valleys, Inc., concerning the use of a
portion, of the funds generated by the C,olloniial Country Club agreement;
3. Adopt the attached appropriation ordli'nance increasing estimated receipts and appropriations in
the Park Improvements Fund in the amount of$2,500.00.
DISCUSSION:
On December 17, 2002,1 (M&C C-19397) the City Council authorized the City Manager to enter into
an Agreement (City Secretary Contract No. 28453)with Colonial Country Club (Colonial) providing it
with use of a portion of Forest Park for the purpose of providing ancillary services, and related
activities for its annual golf tiournament. Under that Agreement, Colonial paid annual amounts of
$:25,000.00, of which the amount of$2,500.00 went to the City and the amount of$22,500.00 went to
Streams and Valleys, Inc., (S&V). The City also executed a related Agreement with S&V to control
the use of the funds paid to S&V, earmarking those funds for park and trail improvements along the
Trinity River.
The City and Colonial wish to amend and restate the current contract and continue their
relationship. The term of this Agreement shall consist of 110 annual license, periolds of 45 consecutive
days from May 1 st to June 15th of each calendar,year(commencing, in 2013),, with options to renew
on an annual basis by mutual, written Agreement. The Parks and Community Services Department
(PACS,) and Colonial have agreed to increase the license payments in conjunction with this
amendment and restatement. The total payment,for the period 20113 - 2017 shall be in the amount of
$2,7,675.010 and for the period 2018 - 2022 shall be in the amount of$29,,500.00. Payment, shall be
disbursed between the City and S&V as follows:
Fiscal Year 2013 - 2017-. the amount of$2,5010.010 to the City; the remaining amount of
$25,175.00
shall be disbursed, to S&V.
Fiscal Year 2018,1 - 2022: the amount of $21500.00 to the City; the remaining amount of
$27,000-001
http-.Happs.cfwnet.org/coLinc'1 l
_packet/mc_revie wasp 91D=I 8103&counc'td, te==4/9/2013 5/22/2013
............ ....................... _11111
M&C Revw Page 2 of 2
shall be disbursed to S&V.
The City is seeking authorization to enter into an Agreement with S&V, whlich is similar to the ablove-
referenced Agreement, restricting the use of'the funds to be plaid to S&V under the Colonial
Agreement. The Agreement with S would require that all fees, disbursed to S shall be
expended solely for carrying out PAC S purposes on dedicated parkland ands trail ilmpr ements along
the Trinity River.
This facility is located in COUNCIL DISTRICT 9.
FISCAL INFORMATIONIXERTIFICAT1ON:
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
current capital budget, as appropriated, of the Park Improvements, F'und'.
TO Fund/Account/Centers, FROM Fund/Account/Centers
3) C188 488100 080188300120 $2,500-00,
3),C188 522030 080188300120 $21500.00
Submitted for it Manager's Office by-. Slusan, Alanis (8180)
Or" ment Head: Richard Zavala (57'014)
!ginating Depart
Add*ltl*olnal Information Contact: Sandra Youngblood (5755)
ATTACHiMENTS
80CCCSV AO 13 (rear,j.doc
Colonial Lease Site.pdf
Forest Park Aerial Mappdf
http://apps.cfwnet.org/council_p:acket/mc—review,.asp'.?ID--I 8103&councildate-4/9/20131 5/22/2013