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HomeMy WebLinkAboutContract 28309 AGREEMENT '-ITY SECRETARY 'C' CONTRACT NO, STATE OF TEXAS § COUNTY OF TARRANT § THIS AGREEMENT is entered into by and between the Fort Worth Police & Fire Memorial Committee, Inc., a non-profit Texas corporation (hereinafter referred to as "PFM") and the City of Fort Worth, a home rule municipal corporation of the State of Texas, located within Tarrant, Denton and Wise Counties (hereinafter referred to as "CITY"). RECITALS WHEREAS, on January 29, 2002, the City Council authorized the designation of north Trinity Park as the site for the Police and Fire Memorial (M&C C-18946); and WHEREAS, on April 23, 2002, the City Council further authorized the City Manager to negotiate a memorial monument contract with PFM (M&C C-19061); and WHEREAS, PFM has agreed to donate a bronze monument and other related site improvements that will be funded with private donations to the CITY, and the CITY has agreed to accept this donation as CITY property under the conditions and terms cited in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: AGREEMENT L DESCRIPTION. PFM will gift to the CITY a memorial display, including a bronze monument, to honor police officers. firefighters, and city marshals rho have fall--n in the line of duty (the "Memorial"), PFM will "F 4 be responsible for the Memorial's design, construction, and site programming, except as specifically stated otherwise in this Agreement. The Memorial is to be placed in north Trinity Park, at a location approved by the City Council. PFM shall use the designated area in Trinity Park for the purposes set forth in this Agreement, and no other use of the premises shall be permitted, unless PFM obtains prior written approval of the CITY. Gift of the Memorial to the CITY shall be effective upon delivery of written acknowledgement of receipt by the CITY to PFM. 2. TERM. This Agreement commences when signed by all parties and shall remain in full force and effect, unless terminated as allowed for herein. 3. MEMORIAL SITE. PFM is authorized under the terms and conditions of this Agreement to place a Memorial monument display in north Trinity Park (located at Trinity Park Drive and 7th Street) at a site approved by the City Council and within the specific designated area entitled "The Memorial Site" as indicated in "Exhibit A." PFM covenants and agrees that it has inspected the Memorial Site and it is suitable for the use and purposes intended under this Agreement. 4. FUNDING, REPAIR AND MAINTENANCE. PFM shall provide all the funding associated with the development, design, and construction of the Memorial. The CITY agrees to waive all development fees associated with the construction and placement of the Memorial at the Memorial Site. Upon mutual agreement between PFM and the CITY, PFM may repair and restore the fountain located in north Trinity Park near the Memorial Site. If PFM elects to repair and restore the fountain, City agrees to maintain the fountain as funding is allocated by the City Council. Within six (6) months after the completion and installation of the Memorial in Trinity Park, PFM agrees to establish an endowment fund, in the minimum amount of Twenty Thousand Dollars ($20,000.00), to be maintained for reasonable maintenance,, additions, repair, and/or the -increased level of maintenance", as defined below, to the Memorial and the Memorial Site as approved by mutual agreement between PFM and the CITY. PFM agrees to maintain a minimum of Twenty Thousand Dollars ($20,000.00) in the endowment fund during the term of this Agreement. PFM shall be responsible for the following: a) Repair, to include graffiti removal and other damage to the Memorial and/or the Memorial Site as designated in Exhibit "A"; b) Maintenance, to include any cleaning of the Memorial and any upkeep necessary to keep the Memorial, as designated in Exhibit "A," in the same or better condition as when constructed, c) "Increased level of maintenance" to include maintenance required beyond the standard city maintenance standards due to the addition of landscaping, lighting, irrigation, and other improvements installed at the Memorial Site by PFM after the execution of this contract; and d Adding names to the memorial of future deceased police officers, marshals and firefighters killed in the line of duty. The CITY shall be responsible for, a', The maintenance of the Memorial Site, as designated in Exhibit "A." to include mowing and litter abatement, in accordance with the established City maintenance standards, as funding is allocated; and 3 b) The planting and care of the seven trees identified in Exhibit'*A' that are donated by PFM to the Memorial Site. The City agrees to replace any trees donated by PFM. as identified in Exhibit *A, * that die with trees of the same caliber and condition when donated, subject to availability and funding Any funds expended, in whole or in part, by the CITY for any increased level of maintenance, such as additional landscaping, lighting, and/or irrigation that is installed by PFM, shall be mutually agreed to between PFM and the CITY prior to any work being performed, emergency circumstances excepted. The PFM endowment fund shall reimburse any mutually approved funds expended by the CITY within sixty (60) days notice to PFM of completion by the CITY. 5. DAMAGE. Within forty-eight (48) hours of notification of damage to the Memorial or Memorial Site by vandalism, graffiti, or other means, the CITY and PFM shall mutually determine the best method(s) and appropriate action to accomplish the restoration and/or repair. The CITY will be responsible for insuring that the needed work is accomplished in a timely manner. Any funds expended by the CITY for restoration and/or repair of the Memorial, as mutually agreed to between the CITY and PFM, shall be reimbursed by the PFM endowment fund within sixty (60) days notice to PFM of completion by the CITY. 6. INSURANCE. Upon acceptance of the Memorial pursuant to Paragraph 1, the CITY will provide the necessary insurance based upon the CUrrent and existing Fire and Extended Coverage, Fine Arts Schedule, or as determined by the CITY. 7. PLACEMENT. Prior to placement of the Memorial in Trinity Park, PFM shall submit the design and site plans to the City Manager, or his designee, for approval. These plans shall include appropriate design and engineering plans and specifications. PFM will be responsible for compliance with CITY ordinances or regulations related to the installation of the Memorial. S. FEESNOLUNTARY PFM SOLICITATIONS. PFM, Fort Worth Police Department, Fort Worth Police Officers Association, Fort Worth Fire Department, Fort Worth Fire Fighters Association, and Fort Worth City Marshals will not be assessed any fees for conducting ceremonies, vigils or other events related to the purpose of the Memorial. The CITY shall impose the standard city park fees for the use of any park facilities, other than the Memorial Site, by PFM, Fort Worth Police Department, Fort Worth Police Officers Association, Fort Worth Fire Department, Fort Worth Fire Fighters Association, Fort Worth City Marshals, or any other entities using these facilities. The solicitation and collection of voluntary PFM donations at the Memorial Site will be allowed. PFM shall not charge any fees for their memorial events unless PFM has p rovided written notification to the Parks and Community Services Department(PACS) Director at least 5 working days in advance of the event. Any other organization'. such as, but not limited to, local, state, and federal police officers or fire fighters, city marshals or civil service associations, shall not charge any fees for their memorial events unless approved in advance by the Parks and Community Services Department (PACS) Director, Any donations or fees collected by the PFM and/or by organizations approved by the PACE Director shall be solely for the benefit of the organizations collecting the donations and fees. 5 9. LOCAL/STATE/NATIONAL MEMORIAL DAYS/EVENTS. The CITY shall reserve the Memorial Site on an annual basis for the National Fallen Firefighters Day and Police Memorial Day. Upon reasonable notice by PFM, and subject to availability, the CITY shall reserve this site for all local, state, and federal police officers and fire fighters, city marshals, and civil service association's memorial observances. 10. MEMENTOS. The PACS shall maintain the park, including the area surrounding the Memorial. If any items are left at the Memorial. PACS shall label and collect the items on a regular basis. All items shall be turned over to PFM for archiving, securing or, at PFMS sole discretion, disposal. Flowers left at the Memorial may remain until they become unsightly, but for no more than seven (7) days. 11. USE OF PREMISES. Both parties agree and acknowledge that the Memorial is to be placed in a public park, and that the park is accessible to the general public, without limitations, anytime during park hours. During any event held by PFM, PFM agrees to make all reasonable efforts to accommodate members of the public and other CITY approved users of the park. 12. ALTERATIONS. Any alterations to the Memorial or Memorial Site shall be mutually agreed to between PFM and the CITY. 11 FUNDING LIMITATIONS . As to the CITY'S performance of its obligations under this Agreement, PFM acknowledges and agrees that the CITY is a governmental entity, and because of statutory, constitutional and City Charter provisions it cannot commit to funding beyond the fiscal year. Therefore, the funding obligations of 6 the CITY described herein are subject to and conditioned upon the City Council appropriating for each fiscal year funds to satisfy such obligations. Neither PFM, nor its board members, will have any binding fiscal responsibility for repair or maintenance of the Memorial or the Memorial Site beyond the Twenty Thousand Dollars ($20,000) required to be held in the endowment fund per the terms of this Agreement. 14. UNLAWFUL, IMPROPER, OR OFFENSIVE USE. PFM agrees that neither it, nor its officers, agents, employees, licensees, invitees or patrons, shall make any unlawful, improper, or offensive use of the Memorial or the Memorial Site. 15. TERMINATION OF AGREEMENT. (a) Either party may terminate this Agreement in the event of a default by the other party and failure to cure within 30 days after receipt of written notice of default. (b) It is understood and agreed between the parties that the Memorial Site, like other City- owned property, is held by the CITY as trustee for the public; that the CITY exercises such powers over the property as have been delegated to it by the Constitution of the State of Texas, the Legislature and its Charter: and that the CITY cannot contract away its duty and its legislative power to control such property for the use and benefit of the public. It is accordingly agreed that the City Council shall have the right to determine in its sole discretion to use or to cause or permit the Memorial Site to be used for any other public purpose and upon such determination may terminate this Agreement in whole or in part in order to facilitate use of the Memorial Site for such other public purpose. (c) If for any reason, PFM ceases to exist, through either dissolution or other means., the CITY may terminate this Agreement. 16. INDEMNITY. PFM AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY. ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE MAINTENANCE OR USE OF THE MEMORIAL OR MEMORIAL SITE AND OCCURRING PRIOR TO ACCEPTANCE OF THE MEMORIAL BY THE CITY IN ACCORDANCE WITH PARAGRAPH 1. 17. NOTICES. All notices required or permitted to be given by virtue of this agreement shall be addressed as follows and delivered by certified mail, postage prepaid or by hand delivery: CITY: City Manager Z:� City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 PFM: Police and Fire Memorial 4055 International Plaza, Suite 520 Fort Worth, Texas 76109 18. RULES, REGULATIONS, AND OPERATION. The premises shall be subject to the same rules, regulations. and methods of operation as any other public facilities operated by the Parks and Community Services Department for the public benefit. PFM shall comply with all ordinances and regulations of the CITY and with the laws of the State of Texas and of the United States of America applicable to the use of said premises. PFM will be solely responsible for compliance with all City ordinances or regulations related to the installation of the Memorial and use of the Memorial Site. 19. ASSIGNMENT. Neither party hereto shall assign or sublease its privileges, rights, or duties hereunder without written permission of the other party. 20. COMPLIANCE. Any failure by either party to this Agreement, at any time, to require strict compliance with this Agreement shall not waive or diminish any right of said party to demand strict compliance in the future. No waiver of any default by either party shall waive or affect any other default by said party. 21. SOLE AGREEMENT. This Agreement, including all Attachments, Schedules and Exhibits, constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding or written or oral agreements between the parties respecting the subject matter. 22. APPLICABLE LAW. This Agreement is entered into subject to the provisions of all applicable federal,, state and local laws or ordinances and the requirements of all governmental regulatory agencies having jurisdiction over the subject matter. Venue shall be in Fort Worth, Tarrant County, Texas or the Federal Court of the Northern District of Texas. EXECUTED this day of Januarv. 2003. CITY OF FORT WORTH FORT WORTH POLICE & FIRE MEMORIAL COMMITTEE, INC. By: 3y: f Joe Dania a I Honorable rlie.Gren Assistant ty nag ei Title: 9 ATTES%1 C-11 �'ontract Authorization City Secretary Date APPROVED AS TO FORM AND LEGALITY: David Yett. City Attorney By:, AssistanCity Attorney STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared Joe Paniagua, Assistant City Manager of the City of Fort Worth, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Fort Worth, and that he executed the same as the act and deed of the City of Fort Worth, a municipal corporation of Tarrant, Denton and Wise Counties, Texas and for the purposes and consideration therein expressed, and in the capacity therein stated. SUBSCRIBED TO AND SWORN before me this day of January, 2003. Notary Public in and for the State of Texas My Commission Expires: STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned. Notary Public in and for the State of Texas, on this day � o. ic personally appeared Charlie Gerem (JAOU/��a,^,,of the Fort Worth Police & Fire Memorial Committee. Inc., known to me to be the person and officer whose name is subscribed to the foregoing instrument and ackno-wledged to me that the same was the act of the Fort Worth Police & Fire Memorial Committee, Inc-, and that he executed the same as the act and deed of the Fort '%X'orth Police & Fire Memorial Committee, Inc., a non-profit Texas corporation, for the purposes and consideration therein expressed, and in the capacity therein stated. SUBSCRIBED TO AND SWORN before me this day ot'January, 2003. pATRAC' 1,i,"r, Notary Public in and for the State off"1 exas A F�' My Commission Expires: my n 6­61,±r *"Y Is' 7 M_ I 10 o f.. eo+ �'MMAIMM�✓� , Ilr � VV II AM If 3- 1F P-► viN,rw }^y " 1 Srl+ t � e w yrg4W ry, �l trap ei.oresV let � N Mt .tl .. ry re. f f/l E l AVYltlV��H11'ry� ��( � S az a (f6' . '7 1ttT^%IUH Fi�Opp� M�) ' /./.wfatai/il�Wr6YbFfW 1 fWl�l ,rx�.'"�u 11(�b IfM ark N�� f r' r r � City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER I LOG NAME PAGE 4/23/02 C-19061 1 80MEMORIAL 2 of 2 SUBJECT APPROVE THE SITE DESIGN FOR A POLICE AND FIRE MEMORIAL AND EXECUTE A CONTRACT WITH THE POLICE AND FIRE MEMORIAL COMMITTEE FOR THE MEMORIAL DESIGN, CONSTRUCTION, MAINTENANCE AND PROGRAMMING Major terms of the proposed contract include that: • The PFMC will donate to the City a bronze statue to honor Police Officers, Firefighters and City Marshals who have fallen in the line-of-duty; and • Within six months upon completion and installation of the memorial, the PFMC agrees to establish an endowment fund to address any maintenance or repair needs to the memorial; and • The City will provide the necessary insurance based upon the current and existing Fire and Extended Coverage Arts Schedule; and • The site will be reserved on an annual basis for National Fallen Firefighters Day and Police Memorial Day; and • Design and engineering plans and specifications, program and maintenance responsibilities have been defined. On April 16, 2002, the Parks and Community Services Advisory Board approved a motion to recommend to the City Council to approve the proposed Police and Fire Memorial design. Trinity Park is located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. JP:n Submitted for City Manager's FUN D ACCOUNT � CENTER A�fiOI T CITE SECRETARY E Office bv° Joe Pania ua 6140 I Originating Department Head; i i ! Richard Zavala 3704 (from) APPROVED 04/33/02 � I Additional Information Contact. Sandra Youngblood __. i City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 4123102 C-1 9061 � 80MEMORIAL 1 of 2 SUBJECT APPROVE THE SITE DESIGN FOR A POLICE AND FIRE MEMORIAL AND EXECUTE A CONTRACT WITH THE POLICE AND FIRE MEMORIAL COMMITTEE FOR THE MEMORIAL DESIGN, CONSTRUCTION, MAINTENANCE AND PROGRAMMING RECOMMENDATION: It is recommended that the City Council: 1. Approve the site design for a Police and Fire Memorial (see attachment); and 2. Authorize the City Manager to execute a contract with the Police and Fire Memorial Committee for the memorial design, construction, maintenance and programming. DISCUSSION: On January 29, 2002 (M&C C-18946), the City Council authorized the designation of Trinity Park North as the site for a Police and Fire Memorial. As part of this action, the City Council directed that the following occur: a) The site designation be forwarded to the Parks and Community Services Advisory Board for review and approval. On February 19, 2002, the Parks and Community Services Advisory Board approved a motion to concur with the City Council designation of the north area of Trinity Park as the site for the memorial. b) City Marshals be included in the memorial. The Police and Fire Memorial Committee (PFMC) has committed to including City Marshals within the memorial. c) The design be submitted to the City Council for approval. The PFMC has finalized the design and, per this Mayor and Council Communication, submits the design for approval by the City Council. d) The City Manager negotiate a contract agreement with the PFMC for the memorial design, construction, maintenance and programming. A contract agreement has been developed and terms are being negotiated by representatives of the PFMC and staff.