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HomeMy WebLinkAboutContract 64022Event Facilities Fort Worth, Inc. P.O. Box 150, Fort Worth, TX 76101-0150 September 22, 2025 Public Events Department City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 Re: Grant Agreement for Will Rogers Coliseum Renovation Dear Mayor, City Council and City Manager: Event Facilities Fort Worth, Inc. (“EFFW”), a supporting organization of the Fort Worth Stock Show & Rodeo, is pleased to be able to make a charitable grant to The City of Fort Worth, Texas (“City”), and its fine citizens. This letter sets forth the terms and conditions of the agreement between EFFW and the City whereby EFFW will contribute up to $5,000,000.00 to the City to be used for Phase I renovations to the Will Rogers Coliseum (“Project”) as more particularly described herein (with this letter being referred to as the “Grant Agreement”). Grant Amount. EFFW will contribute up to $5,000,000.00 to the City (the “Grant”). The Grant will be paid directly to vendors of the Project by EFFW once all City funds allocated for the project have been expended. At the conclusion of the project EFFW and the City will reconcile the expenditures in excess of the originally identified $50,500,000.00 for the project such that the excess expenditures are equally borne by EFFW and the City. Notwithstanding the foregoing, EFFW may pay the City any amount toward the Grant in advance of the schedule set forth above. Purpose of Grant. The City will utilize the Grant for renovations to the Will Rogers Coliseum. Enforcement of Grant Agreement. EFFW acknowledges that the City will incur liability and take action in reliance upon the anticipated receipt of the Grant. EFFW further acknowledges that this Grant Agreement is a contract, any breach of which by a party may sought to be enforced by the other party pursuant to any legal means necessary, including, without limitation, instituting a lawsuit in the appropriate court in Tarrant County, Texas notwithstanding any limitation that may be provided by applicable law. Miscellaneous. This Grant Agreement shall have no force or effect until the Grant Agreement is executed by EFFW and an executed copy of this Grant Agreement has been provided to the City and accepted by the City Council. This Grant Agreement shall constitute the entire agreement between EFFW and the City with respect to the subject matter of this Grant Agreement. Any modifications or amendments to this Grant Agreement must be in writing and signed by each of EFFW and the City. 756764 2 Right to Audit. EFFW agrees that the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of EFFW involving transactions relating to this Agreement during the term of this Agreement and for three (3) years thereafter. EFFW agrees that the City shall have access during normal working hours to all necessary EFFW facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give EFFW reasonable advance notice of intended audits. EFFW further agrees to include in all of its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions to the subcontract for the term of this Agreement and for three (3) years thereafter, and further that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give subcontractor reasonable advance notice of intended audits. This provision shall survive the expiration or termination of this Agreement. Compliance. EFFW shall comply with all Federal, State and City statutes, ordinances and regulations applicable under this Agreement and for the Project. Amendments and Waiver. No alteration, change, modification or amendment of the terms of this Agreement shall be valid or effective unless made in writing and signed by both parties hereto and approved by appropriate action of the City. No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants, and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. Governing Law and Venue. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas – Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Successors and Assigns. Neither party hereto shall assign or transfer its interest herein without prior written consent of the other party and any attempted assignment or transfer of all or any part hereof without such prior written consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of City and EFFW and its respective successors and permitted assigns. No Third-Party Beneficiaries. The provisions and conditions of this Agreement are solely for the benefit of City and EFFW, and any lawful successor or assign, and are not intended to create any rights, contractual or otherwise, to any other person or entity. * * * * * * EFFW is proud to be able to support the renovation of the Will Rogers Coliseum through this Grant and continue the longstanding private public partnership between the Fort Worth Stock Show & Rodeo and the City of Fort Worth, Texas. The Will Rogers Coliseum is beloved by visitors, many equestrian event participants, and patrons, who have created memories at the facility for nearly ninety years. We are confident that this Grant will enable Will Rogers Coliseum to continue to serve as a premier rodeo, equestrian facility, and public event space allowing future generations to create memories in this iconic building 756764 3 Sincerely, Matthew R. Carter, President Event Facilities Fort Worth, Inc. Terms and conditions of this Grant Agreement acknowledged, agreed and accepted to: CITY OF FORT WORTH: By: ___________________________ Name: Jesica McEachern Title: Assistant City Manager Date: _______________ APPROVAL RECOMMENDED: By: ______________________________ Name: Michael Crum Title: Public Events Director ATTEST: By: ______________________________ Name: Jannette Goodall Title: City Secretary 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. By: ______________________________ Name: Keith A Chisolm Title: Capital Project Manager APPROVED AS TO FORM AND LEGALITY: By: ______________________________ Name: Taylor Paris Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 25-0796 VENDOR: Event Facilities Fort Worth, Inc By: Name: Matthew R. Carter Title: President and General Manager Date: _____________, 20__ 8/29/25, 10:06 AM CITY COUNCIL AGENDA �ORT�'4'CIRTII -��- Create New From This M&C DATE: 8/26/2025REFERENCE""M&C 25- LOG 25WRMC COLISEUM RENOVATION FUNDING ALLOCATIONS NO.: 0796 NAME: — — — — CODE: G TYPE: CONSENTPUBLIC NO HEARING: SUBJECT: (ALL) Authorize Execution of a Grant Agreement with Event Facilities Fort Worth, Inc. to receive an Amount Up to $5,000,000.00 for the First Phase of Renovations to the Will Rogers Memorial Center Coliseum, Adjust Appropriations in the Capital Funds of the Public EvenYs Department and Increase Appropriations from Fund Balance in the Culture and Tourism Fund for the Purpose of Increasing Funding for the WRMC Coliseum Concourse Renovation Project in the Total Amount of $28,640,578.61, Adopt Appropriation Ordinances and Amend the Fiscal Years 2025-2029 Capital Improvement Program and the Fiscal Year 2025 Adopted Budget RECOMMENDATION: 1. Authorize execution of a Grant Agreement with Event Facilities Fort Worth, Inc. to receive a grant in an amount up to $5,000,000.00 for the First Phase of Renovations to the Will Rogers Memorial Center Coliseum; 2. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Public Events Capital Fund by decreasing estimated receipts and appropriations in the Coliseum Transformer Replacement project (City Project No. 104371) in the amount of $1,100,000.00 and increasing estimated receipts and appropriations and receipts in the WRMC Coliseum Concourse Renovation project (City Project No. 104227) by the same amount; 3. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Special Tax Revenue Bond Series 2023A Fund by increasing appropriations in the WRMC Coliseum Concourse Renovation Project (City Project No. 104227) in the amount of $12,565,744.01, and decreasing appropriations in the following existing projects: a. Decreasing estimated receipts and appropriations in the WRMC Coliseum Air Handlers project (City Project No. 104226) by $6,340,578.61 b. Decreasing estimated receipts and appropriations in the Coliseum Transformer Replacement project (City Project No. 104371) in the amount of $2,418,698.60 c. Decreasing estimated receipts and appropriations in the WRMC Coliseum Door Replacement project (City Project No. 105157) in the amount of $2,000,000.00 d. Decreasing estimated receipts and appropriations in the ARPA WRMC Stall Panel Replacement project (City Project No. 104397) in the amount of $1,355,608.69 e. Decreasing estimated receipts and appropriations in the ARPA WRMC Electrical Upgrades project (City Project No. 102513) in the amount of $336,547.20 f. Decreasing estimated receipts and appropriations in the WRMC AC Garage Light Conversion project (City Project No. 105155) in the amount of $114,310.91 4. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Special Tax Revenue Bond Series 2023B Fund by decreasing estimated receipts and appropriations in the WRMC- Sheep and Swine Barn Ren project (City Project No. 104828) in the amount of $2,974,834.60 and increasing estimated receipts and appropriations and receipts in the WRMC Coliseum Concourse Renovation project (City Project No. 104227) by the same amount; 5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Culture and Tourism Fund by increasing use of fund balance in the amount of $7,000,000.00, for the purpose of funding the WRMC Coliseum Concourse Renovation Project (City Project No. 104227) by transferring to the Public Events Capital Fund; 6. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Public Events Capital Fund in the amount of $7,000,000.00, transferred from the Culture and Tourism Fund, for the purpose of funding WRMC Coliseum Concourse Renovation project (City Project No. 104227); 7. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Other Fund in the amount of $5,000,000.00, subject to the receipt of the grant received from Event Facilities Fort Worth, Inc, for the purpose of funding the WRMC Coliseum Concourse Renovation project (City Project No. 104227); and 8. Amend Fiscal Years 2025-2029 Capital Improvement Program and the Fiscal Year 2025 Adopted Budget. M&C Review apps.cfwnet.org/council_packeUmc_review.asp?I D=33656&councildate=8/26/2025 1 /3 8/29/25, 10:06 AM DISCUSSION: M&C Review The City and Event Facilities Fort Worth, Inc. (EFFW), a non-profit supporting organization for the Fort Worth Stock Show and Rodeo, have a long-standing partnership as it pertains to the renovation of facilities at the 88-year-old Will Rogers Memorial Center (WRMC). Projects completed by this partnership include the renovation of Cattle Barns 1 and 2, the Poultry Building, construction of the Tower Promenade and the recent renovation of the Sheep and Swine Barns. This partnership between the City and EFFW was strengthened last year with the execution of a Master Services Agreement, which enables EFFW to directly execute capital projects on the City's behalf. EFFW does not charge a fee for these services. Additionally, EFFW works directly with City staff and other stakeholders throughout the design and construction process to ensure the improvements function at a high level for all constituents and that the effects of any displacement caused by the construction are minimized. The scope of this $50M project includes but is not limited to the following: Restroom Renovations; Concourse Renovations; Back of House Facilities Renovation; New Food and Beverage Facilities; HVAC System Replacement; Electrical System Replacement; Addition of Fire Sprinkler System; and Addition of Fire Alarm System; Additional Improvements for Americans with Disability Acts (ADA) accessibility. The Coliseum closed in March of 2025 for extensive renovations and is scheduled to re-open in December 2025. Coliseum customers have agreed to give up their contractual right to use the facility for this renovation project to move forward. Funding: Currently, Project 104227 has total project budget of $21,859,421.39. This Mayor & Council Communication (M&C) authorizes additional funding of $28,640,578.61; making the Total Project Budget $50,500,000.00. The following table is the funding for the existing project funding plus the additional project funding: Existing Project Funding: PED Funding 2023A Debt 2025A Debt $ 8,500,000.00 $ 3,659,421.39 $ 9,700,000.00 Total Existing Funding $ 21,859,421.39 Additional Funding (Authorized by this M8�C) EFFW Contribution Surplus from Project 104371 Surplus from Project 104828 2023A Debt PED Fund Balance Total Additional Funding $ 5,000,000.00 $ 1,100, 000.00 $ 2,974,834.60 $ 12,565,744.01 $ 7,000,000.00 $ 28,640,578.61 TOTAL PROJECT BUDGET $ 50,500,000.00 Budget - The current project costs are described in table below: Total Project Breakdown Consultant $6,155,000.00 Contractor $42,168,552.00 Administrative/Contingency $2,176,448.00 Total Project Budget $50,500,000.00 Previous council actions include: M&C 25-0416, approved May 13, 2025, authorized (i) refinancing and restructuring of Special Tax Revenue and Refunding Bonds, Series 2017A, and (ii) investments in furniture, fixtures, and equipment at WRMC, which serves as an adjacent support facility of the Multipurpose Arena Venue Project designated by Council and approved by voters in 2014 (Resolutions 4327-07-2014, 4378-11- 2014). M&C 23-0792, approved September 26, 2023, authorized the issuance and sale of 2023A and 2023B Special Tax Revenue Bonds to make improvements at the WRMC, which is an adjacent support facility of the multipurpose arena venue project designated by Council and approved by voters in 2014 (Resolutions 4327-07-2014, 4378-11-2014). M&C 23-0646, approved August 8, 2023, authorized the reallocation of Public Events capital project funds from the 2017A and 2017B Special Tax Revenue Bonds and Venue Capital Project Fund to apps.cfwnet.org/council_packeUmc_review.asp?ID=33656&councildate=8/26/2025 2/3 8/29/25, 10:06 AM ongoing projects. M&C Review M&C 22-0789, approved September 27, 2022, authorized additional ARPA State and Local Fiscal Recovery Funds (SLFRF) allocations to Public Events that were deferred and/or suspended in Fiscal Years (FY) 2020 and 2021 due to the loss of Hotel Occupancy Taxes as a direct result of the COVID- 19 pandemic. M&C 21-0913, approved November 30, 2021, authorized the reinstatement of Public Event capital projects that were deferred and/or suspended in FY 2020 and 2021 due to the loss of Hotel Occupancy Taxes as a direct result of the COVID-19 pandemic. The actions in this M&C amend the FY2025 Adopted Budget and the FY2025-2029 Capital Improvement Program for the Public Events Department as approved in connection with ordinance 27107-09-2024. This M&C will also authorize execution of a grant agreement with EFFW to allow the City to accept and receive up to $5,000,000.00 for the First Phase of Renovations to the Will Rogers Memorial Center Coliseum. The grant will be paid directly to vendors of the Project by EFFW once all City funds allocated for the project have been expended. At the conclusion of the project EFFW and the City will reconcile the expenditures in excess of the original project budget such that the excess expenditures are equally borne by EFFW and the City. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are currently available in the Coliseum Transformer Replacement project within the Public Events Capital Fund and in the WRMC Coliseum Air Handlers, Coliseum Transformer Replacement, WRMC Coliseum Door Replacement, ARPA WRMC Stall Panel Replace, APRA WRMC Electrical Upgrades, WRMC AC Garage Light Con projects within the Special Tax Rev Bond Serie 2023A Fund, and in the WRMC-Sheep and Swine Barn Ren project within the Special Tax Revenue Bond Series 2023B Fund and in the Culture & Tourism Fund and upon approval of the above recommendations and adoption of the attached TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (ChartField 2) FROM Cund Department Account Project Program Activity Budget Reference # Amount ID ID Year ChartField 2 Submitted for City Manager's Office by_ Originating Department Head: Additional Information Contact: Jesica McEachern (5804) Michael Crum (2501) Keith A. Chisolm (2525) ATTACHMENTS 2025.08.13 EFFW Form 1295.pdf (CFW Internal) 25 WRMC COLISEUM RENOVATION FUNDING ALLOCATIONS -APP.ORD - R2 EXP.docx (Public) 25 WRMC COLISEUM RENOVATION FUNDING ALLOCATIONS -APP.ORD - R3 EXP.docx (Public) 25 WRMC COLISEUM RENOVATION FUNDING ALLOCATIONS -APP.ORD - R5 EXP.docx (Public) 25 WRMC COLISEUM RENOVATION FUNDING ALLOCATIONS -APP.ORD - R6 EXP.docx (Public) 25WRMC COLISEUM RENOVATION FUNDING ALLOCATIONS fid table.xlsx (CFW Internal) 25WRMC COLISEUM RENOVATION FUNDING ALLOCATIONS funds avail.docx (CFW Internal) APP.ORD 25WRMC COLISEUM RENOVATION FUNDING ALLOCATIONS - R1.docx (Public) APP.ORD 25WRMC COLISEUM RENOVATION FUNDING ALLOCATIONS - R4.docx (Public) EFFW Grant to CoFW (MC 8.1.25) - FINAL.doc (CFW Internal) apps.cfwnet.org/council_packeUmc_review.asp?ID=33656&councildate=8/26/2025 3/3 Signature: K����;� �B� Signature: � u/�B� Email: Katherine.Cenicola@fortworthtexas.gov Email: Elisa.Winterrowd@fortworthtexas.gov