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Home My WebLink About025471 - Construction-Related - Contract - Fort Worth ISD'^ITY SECRETARI( A �;ONTRACT NO. � 1 INTERLOCAL AGREEMENT Wilkerson Greines Athletic Complex Soccer Facilities This INTERLOCAL AGREEMENT (this Agreement) is made and entered into the:� �h "�ay of ]�� «,;�,6�,�^ , 1999, by and between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas, located within Tarrant County, Texas, (hereafter called "CITY"), and the BOARD OF TRUSTEES of the FORT WORTH INDEPENDENT SCHOOL DISTRICT, a political subdivision of the State of Texas and a legally constituted Independent School District located within Tarrant County, Texas, (hereafter called "FWISD"). RECITALS WHEREAS, this Agreement is made under the authority granted to CITY and the FWISD by and pursuant to Texas Government Code Chapter 791, known as the INTERLOCAL COOPERATION ACT, and other applicable state law; WHEREAS, the CITY has requested the use of soccer improvements that are to be constructed at the Wilkerson Greines Athletic Complex, located at 5101 Folwell Boulevard, for the purpose of expanding soccer opportunities for the citizens of Fort Worth, Texas; and WHEREAS, the construction and use of the soccer fields and improvernents hereunder will be mutually beneficial to the constituents of the City and the FWISD. NOW THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: AGREEMENT 1. Description. FWISD grants to CITY a license for the use and operation of soccer fields to be constructed at the Wilkerson Greines Athletic Complex, located at 5101 Folwell Boulevard, containing 7.5 to 8 acres, more or less, such complete tract being more particularly described in the plat marked �,��aCOG�� G��CuU�'�! ' �� Q�G�� u'o ��JC:��, ��30 _ r' Exhibit "A", attached hereto and incorporated herein for all purposes incident to this Agreement, and hereafter referred to as the "Premises." 2. Term of Aereement. The term of this Agreement shall be for twenty (20) years, beginning on Z000 the �s� � day of ,�a n ua y� ,�, and terminating on the � 1 s� t�i day of pec� be� , 2019. 3. Fee. The fee for this use is in the sum of ONE DOLLAR ($1.00) per year. The parties agree that all consideration detailed in this Agreement fairly compensates FWISD for the license granted by FWISD, and FWISD acknowledges receipt and acceptance of this consideration. 4. Use of Premises. The Premises shall be used solely for development and use of three (3) soccer fields to be operated as part of the City's park and recreation program, and which may include the following improvements and landscaping: soccer field lighting, security fencing, sidewalks, concession stand, restrooms, second floor announcer's area, irrigation system, bleachers, scoreboards, etc. 5. Prenaration of Premises. A. As further consideration herein, the FWISD or its contractor shall, perform all work and furnish all material necessary to complete the Premises for the proposed use in accordance with the FWISD's specifications (reviewed and approved by CITI�. B. As further consideration herein, the CITY will assist in development of the Premises by contributing up to the sum of THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000). Payments will be made to FWISD on a reimbursement basis within thirty days after receipt of invoice by the City detailing the work performed by FWISD. All payments by the City shall be made from current revenues available to the CITY. 6. Maintenance and Renair. A. As further consideration herein, the CITY shall, from April ls` through December 31st each year during the term of the Contract, maintain and repair the soccer field improvements and perform lawn and landscape maintenance on the Premises in accordance with the CITY's normal and customary standards for other CITY soccer iields. 2 B. As further consideration herein, the FWISD, from January lst through March 31st each year during the term of the Contract, shall maintain and repair the soccer field improvements, and perform lawn and landscape maintenance on the Premises in accordance with FWISD's normal and customary standards of school campus maintenance. 7. Imnrovements. Title to improvements placed on the Premises by the FWISD will remain with the FWISD during the term of this agreement. Such improvements shall be made available for use by the FWISD at all times except when being used by CITY each year of the term of this contract from April 1S` through December 31Sc 8. Rules. Re�ulations and Onerations. The Premises shall be subject to the same rules, regulations and methods of operation as other school property operated by the FWISD for school benefit, as long as such rules, regulations and methods do not interfere with CITY use of the property for soccer activities. 9. Entry Unon Premises. Either party shall have the right to enter the Premises at all reasonable times for the purpose of inspecting and viewing the Premises. 10. Parties Bound. This Agreement shall be binding upon the successors and assigns of both parties in like manner as upon the original parties. � l. Annlicable Law. This Agreement is entered into subject to the provisions of all applicable federal, state and local laws or ordinances and the requirements of any and all governmental regulatory agencies'having jurisdiction over the subject matter. This Agreement is fully performable in Tarrant County, �'exas. I 12. Severabilitv of Provisions. If any of the provisions contained in this Agreement shall for any reason b� held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. i � f� 13. Non-Annrouriation of Funds. In the event that insufficient funds are appropriated by the City Council to satisfy any obligation of the CITY hereunder, CITY shall notify FWISD in writing and this Agreement shall terminate on the last day for which funds have been appropriated, without penalty or expense to CITY. 14. Sole A�reement. This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreements between the parties respecting the subject matter. 15. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver by the DISTRICT of any immunities from suit or from liability that the DISTRICT may have by operation of law. EXECUTED this � 3��ay of l�ecen-, 6��- , 1999 CITY OF FORT WORTH. 1000 Throckmorton Fort Wort , xas 76102 Y� ibby Watson Assistant City Manager ATTEST: By: �Glori � earson City Secretary CITY COUNCIL AUTHORIZATION: M&C No: G-12548 Date: Anri127.1999 4 FORT WORTH I.S.D. 100 North University Drive Fort Worth, Texas 76107 �J Gary Maniy ~ President Board of Trustees � ATTEST: � � �/�..�dGia ��c./ , L� � - - � ' -- :�. . • APPROVED AS TO FORM AND LEGALIT'Y: G�!C,C�G� �/� Assistant City Atto ey . , ,, , , �. ; • . ,_ . EXHIBIT A . . .� 7R.1 PR4POS�D �OCCE , �IELDS � �. � � 51T�- � . � Y { =.i. .�� •�� ;., � :. � �. � �� ,.� �j �,� �<. :f � � � � � '1 �. TA P PA N �`.,, �( r :� y � BLVD. ,, :�: �+ • ' �� 1 � 60LDSTEIt� � } • . . Ii.satt Park Y_1 �� . . 'm �� I . � � � �� Y . 1 v � ,'t � : . Jv� �� . L � � �' � J TARR�IN7 Cc7UNTY �'T. WaRTI-� PUBLIC SCHOOL �,� JUNtOR• CO��GE o RECR�ATION CEt�TE.R �` � � �j ,�G � OQ .. 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City of Fort Worth, Texas n►�Ayar �And Caunc�l (`ammun�cAt�an DATE REFERENCE NUMBER LOG NAME PAGE - - 4�27�99 G-12548 I 80SOCCER I 1 of 3 SUBJECT ADOPT APPRORIATION ORDINANCES AND IMPLEMENT THE SOCCER FIELD MANAGEMENT AND DEVELOPMENT PROGRAM - FY 1998-99 RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached supplemental appropriation ordinance increasing appropriations in the General ., Funtl by $71,200 and decreasing the unreserved, undesignated General Fund balance by the,same ,' amount; and � � 2. Authorize the transfer of $30,000 from the General Fund to the Parks Improvements Capital Projects Fund for the purchase and installation of up to 15 sets of soccer goals ($34,000); and ; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Parks Improvements Capital Projects Fund by $30,000 from available funds; and , 4. Authorize the. use of $41,200 in the General Fund for increased maintenance to existing soccer fields; and � �� 1 � . , � ,.�uthorize th� City Manager to enter into an Interlocal Agreement with the Fort Worth Independent School District (FWISD) for the construction and joint use of three soccer fields. DISCUSSION: ' On December 1, 1998, the Parks and Community Services Department (PACSD) presented a Soccer Field Management and Development Program plan to the City Council. Staff proposed a plan that would address the documented shortage of 27 fields in the City and establish a classification of fields and their usage limits, and recommended an increase in the overall maintenance of existing and proposed fields. The five-year plan would bring the City up to national standards established in the' 1998 Comprehensive Parks, Recreation and Open Space Plan. While the plan received tentative endorsement by the City Council, staff was instructed to research ways in which the plan might be accelerated to increase the n„�mber of fields in the next two years. On January 19, 1999, at the joint meeting between the City Council and the Parks and Community Services Advisory Board, staff presented an accelerated plan which would reduce the 27 field` deficiency to 7 by Decembc�r 2001. While the funded and unfunded amounts reported in the December proposal did not change, .the need to appropriate funds for the unfunded items would be greatly accelerated. � Following the joint meetinc�, staff was directed to review the management and development program with emphasis on a balanc�d annual appropriation schedule. City of Fort Worth; Texas � �1✓�Ayar And C,aunc�l Cammun�cAt�an DATE REFERENCE NUMBER LOG NAME PAGE • 4�27�99 G-12548 I 80SOCCER � � 2 of 3 SUBJECT ADOPT APPRORIATION ORDINANCES AND IMPLEMENT THE SOCCER FIELD MANAGEMENT AND DEVELOPMENT PROGRAM - FY 1998-99 On March 2, 1999, Informai Report No. 8176 was issued revising the Soccer Fields Management and ' Development Program to address the existing deficiency while forecasting appropriations of less than ; $500,000 per year for the next five years for both unfunded capital needs and increased maintenance ,.•::�, on existing and proposed soccer facilities. This revised schedule includes a partnership with the "� �$, FWISD to construct three fields to the south of Rolling Hills Park on school district property. The City ';��g`' would fund the materials required to construct this complex and the FWISD would, provide all the ',�,��_ necessary labor. The City would be allowed to use these three fields approximately nine months per �`;��' year. `*�„� . . �,� As part of year one of the Soccer Fields Management and Development Program, 10-15 practice fields ,�r�.$",� would be established around the city to reduce. the pressure on existing fields, which are scheduled ��'' game-only fields. The purchase and installation of 10-16 sets of soccer goals would cost $30,000. ., � The third element of the plan would be to add additional personnel, supplies and contractual services to increase the maintenance level of the existing 22 competition fields. The annualized cost for the increased maintenance would be $165,000. � The purpose of this M$�C is to: 1. Allocate funds in the amount of $30,000 for ttie purchase and installation of up to 15 sets of soccer goals, � 2. Allocate $41,200 (three months' funding) for increased maintenance for the 22 existing competition fields, and " ' � �--,� 3. Enter into an interlocal agreement between the City of Fort Worth and FWISD for the construction� �� and joint use of three soccer fields. • The reimbu�sement to FWISD in the amount of $350,000 and $165,000 for increased. maintenance will be included in the Parks and Community Services' budget as a part d# the City Manager's proposed budget for FY1999-2000. , , '� . ., .. . `%.- a . 1 . � 1i: . .•.u.t..., �#.r ' :�s'`•s"..1. a� City of Fo�t Worth, Texas � �i►�A�ar Af1d �aunc�l Cammun�cAt,ian DATE REFERENCE NUMBER LOG NAME PAGE ' 4�27�99 G-12548 I 80SOCCER I 3 of 3 SUBJECT ADOPT APPRORIATION (JRDINANCES AND IMPLEMENT THE SOCCER FIELD MANAGEMENT AND DEVELOPMENT PROGRAM - FY 1998-99 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations and adoption of the '; attached appropriation ordinances, funds will be available in the current operating budget, as,:y appropriated, of the General Fund and the current capital budget, as appropriated, of the Parks` Improvements� Capital Project Fund. Upon completion of this recommendation, the unreserved, �`r undesignated fund balance of the General Fund will be $30,431,657. �� LW:j �r ( �w. � Submitted for City Manager's Oftice by: Libby Watson Originating Department Head: Richard Zavala r Additional Information Contact: Richard Zavala � , ! FUND 1' I (t�) � 2,3) C188 6183 I 3) C188 1) GG01 � 1) GG01 5704 � (from) I5) C188 4) GG01 � 2) GG01 5704 � I ACCOUNT � CENTER � AMOUNT CITY SECRETARY 472001 080188100030 541200 080188200030 511010 0808080 538070 0808080 541200 080188200030 511010 0808080 538070 0808080 $30,000.00 �� $30,000.00 P11'�"V n(1t f►t/�� $41,200.00 ti�� vvt,1V\� $so,000.00 APR 87 �999� $30,000.00 $41,200.00 � �""�� $30,000.00 C� ot F�ottt� 1tixa9 ,fr.. . §:>d? t3'�111.::i�:tJ'•�1'J��v..��*7" . �` � ��rf'!I�I�tiy,�.:�11.J a�w�� , • �fl��,s.•-.; �ai v._ . -- - - _.. .�y,��W�.�•; (1' a'�r. s�� r, � �,j �', +s; '�Zi�i:i..�ii.ia� , i `_'_��"