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HomeMy WebLinkAboutR-2026-123 Approving Phase 2 Funding Agreement with Variety of Greater Kansas City Tent 8 for Inclusive Park ProjectRESOLUTION NO. R-2026-123 A RESOLUTION APPROVING PHASE 2 FUNDING AGREEMENT WITH VARIETY OF GREATER KANSAS CITY - TENT 8 FOR THE INCLUSIVE PARK PROJECT BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: THAT the Phase 2 Funding Agreement between the City and Variety of Greater Kansas City - Tent 8, in substantially the form attached hereto, is hereby approved, and the Mayor or her designee is hereby authorized to execute the Phase 2 Funding Agreement on behalf of the City; and FURTHER THAT the Mayor, the City Administrator , the Capital Projects and Parks Manager, and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Resolution and to execute and deliver for and on behalf of the City all certificates, instruments, agreements and other documents, as may be necessary or convenient to perform all matters herein authorized. PASSED AND ADOPTED by the Board of Aldermen of the City of Riverside, Missouri, the 15th day of September 2026. /s/ Kathleen L. Rose Kathleen L. Rose, Mayor ATTEST: /s/ Melissa McChesney Melissa McChesney, City Clerk Phase 2 Funding Agreement This Phase 2 Funding Agreement (the "Agreement") is between Variety of Greater Kansas City -Tent 8, a Missouri Nonprofit Corporation ("Variety KC") and the City of Riverside, Missouri ("City"). Recitals WHEREAS, the City plans to construct an inclusive park (the "Park") to provide accessible and inclusive recreational opportunities for individuals of all abilities; WHEREAS, the Park will be located near the KC Current training complex, at I-635 and Horizons Parkway in Riverside, Missouri; WHEREAS, Phase 2 of the Park includes an additional inclusive playground features, a restroom, parking lot, road and support amenities, with additional features to be addressed in future phases; WHEREAS, the City will engage Cerris Builders, a specialized contractor for inclusive parks, to complete Phase 2; WHEREAS, the City, in compliance with Section 135.070(B) of the City Code, and with Board of Aldermen approval, will forego formal bidding to select Cerris Builders due to its expertise; WHEREAS, the Parties wish to memorialize their respective funding contributions and obligations for Phase 2; NOW, THEREFORE, in consideration of the foregoing and the mutual covenants set forth below, the Parties agree as follows: 1. Scope of Phase 2 1.1. Inclusions: • Phase 2 of the Park will include the following features: o Construction of additional inclusive playground features not included in Phase 1; o Installation of a pre-manufactured restroom (ordered by the City); o Development of a parking lot with lighting and road; o Monument sign (if budget allows); o Landscaping and o additional support amenities. 1.2. Exclusions: • The following features are excluded from Phase 2 and may be part of future phases: o Playground and path lighting; o Asphalt trail around the pond and o Pedestrian bridge over the canal 1.3. Phase 2 Budget: The Phase 2 budget is $1,850,000.00 (not including design fees, which shall be direct pay by Variety KC). 2. Funding Contributions for Phase 2 2.1. Variety KC Contributions: Variety KC will contribute (i) $250,000.00 plus design fees for the Park paid by Variety KC, toward Phase 2 (the "Variety KC Funding"). It is anticipated that the Variety KC Funding will be comprised of both cash and in-kind contributions, which may include, but are not limited to, donated equipment, services, materials, and any other relevant resources provided by or on behalf of Variety KC. Any such in-kind contribution shall be valued at its fair market value and the value of such in-kind contribution may be applied as a credit toward Variety KC's contribution obligation. 2.2. City Contribution: The City will contribute up to $1,600,000.00, (the "City Funding"). 2.3. Total Phase 2 Funding: The combined contributions from Variety KC and the City shall total the amount of the Public Works Contract with Cerris Builders (the "Phase 2 Contract Amount"). If, prior to the execution of the Public Works Contract with Cerris Builders the combined total of the amounts listed in Section 2.1 and 2.2 are less than the Phase 2 Contract Amount, then (i) the balance of the Phase 2 Contract Amount may be paid by City, if it so chooses or (ii) City and Variety KC may mutually agree to amend the Phase 2 design and Phase 2 Contract Amount to reflect the amount of funds on hand. 2.4. Reimbursement to the City: Variety KC may satisfy its financial contribution obligations through a combination of cash payments and in-kind donations, as stated in Section 2.1. a. City Invoicing of Variety KC. Instead of establishing separate project accounts, the City shall invoice Variety KC for its share of the contract costs incurred under the Public Works Contract for Phase 2. Each invoice shall include: 1. A detailed breakdown of incurred Phase 2 costs. 2. Supporting documentation, such as contractor invoices, receipts, and other records substantiating the incurred costs. 3. A calculation of Variety KC's contribution required for the invoiced costs , taking into account any prior in-kind contributions made by Variety KC. b. Recognition ofln-Kind Contributions. Variety KC may offset its financial contribution through in-kind donations, including donated equipment, services, or materials provided directly to the City or used for Phase 2 construction. The process for recognizing in- kind contributions shall be as follows: 2 1. Variety KC shall submit documentation for any in-kind contributions, including itemized fair market valuations, receipts, or other evidence demonstrating the fair market value of the donation. 2. Upon receipt, the City shall review and confirm the valuation and applicability of the in-kind contribution to Phase 2 costs . 3. The confirmed value of the in-kind contribution shall be credited against Variety KC's funding obligation. This credit shall be reflected in subsequent invoices issued by the City, reducing the cash payment required from Variety KC . c. Timing and Review oflnvoices. The City shall issue invoices to Variety KC no more frequently than once per month, unless otherwise agreed in writing by the Parties. Each invoice will account for: 1. The total Phase 2 costs incurred during the applicable period. 2 . Any previously recognized in-kind contributions from Variety KC and the resulting offset to Variety KC's cash payment obligation. Variety KC shall have fifteen (15) days from receipt of the invoice to review and remit payment for any remaining balance or notify the City of any questions or disputes. Disputes regarding invoices or in-kind contributions must be communicated in writing, specifying the grounds for dispute and the proposed resolution. d. City's Payment of Contract Costs. The City will initially cover all Phase 2 costs under the Public Works Contract using its general or designated funds. Any reimbursement payments received from Variety KC may be used by the City for any lawful purpose at its discretion. e. Final Reconciliation and Accounting. Upon completion of Phase 2, the City shall prepare and provide Variety KC with a comprehensive final accounting of all funds received and costs incurred. This final accounting shall include: 1. A reconciliation of cash payments and in-kind contributions credited toward Variety KC's total funding obligation. 2. A detailed summary of total Phase 2 costs and contributions from both Parties. 2.S. Condition Precedent for Public Works Contract Execution: Prior to executing the Public Works Contract, Variety KC shall provide written confirmation to the City, supported by reasonable documentation, of i) any initial cash contribution that Variety KC intends to apply toward its funding obligation and ii) a detailed accounting of any planned in-kind contributions , including valuations and evidence of their applicability to Phase 2 costs. The City shall review and confirm the sufficiency of Variety KC's contributions to meet its obligations before proceeding with the contract execution. If Variety KC fails to provide the required confirmation and documentation by the Public Works Contract execution date, the City may, at its sole discretion, i) delay the execution of the Public Works Contract until Variety KC satisfies its funding obligations ; ii) renegotiate the terms of this Agreement with Variety KC; or iii) terminate this Agreement 3 without liability, provided that if the City choose to terminate this Agreement then the Amended and Restated Park Development and Naming Rights Agreement shall automatically terminate. 2.6. Use of Remaining Funds: If the Project is completed under budget, any remaining funds from the Parties' committed contribution amounts shall be applied toward subsequent phases of the Park Project, subject to the City's annual appropriation. The application of these remaining funds shall be subject to mutual agreement in writing by the City and Variety KC. 2. 7 Cost Overruns. If, following execution of the Public Works Contract with Cerris Builders, the costs of Phase 2 exceed the combined total of the Variety KC Funding and the City Funding, City shall be responsible for any such excess costs and expenses unless otherwise mutually agreed in writing by the City and Variety KC. 3. General Provisions 3.1. Governing Law and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the state or federal courts located in Platte County, Missouri, and the Parties hereby consent to the jurisdiction and venue of such courts. 3.2. Dispute Resolution: The Parties will first attempt to resolve disputes through good-faith negotiations. If unresolved, mediation will precede litigation. 3.3. Entire Agreement: This Agreement constitutes the entire understanding between the Parties and supersedes all prior agreements or communications. 3.4. Amendments: Any modifications must be in writing and signed by authorized representatives of both Parties. 3.5. Jointly Drafted: This Agreement is the result of joint negotiation and drafting. Any ambiguities shall not be construed against either Party. 3.6. No Third-Party Beneficiaries: This Agreement is solely for the benefit of the City and Variety KC and does not create rights or benefits for third parties, including Cerris Builders IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date the Agreement is executed by the parties. 4 Variety of Greater Kansas City -Tent 8: By: /s/ Marc D. Harrell Name: Marc Harrell Title: CEO Dated: 9/11/26 City of Riverside, Missouri: By: /s/ Kathleen L. Rose Name: Kathleen L. Rose Title: Mayor Dated: September 17, 2026 Attest: /s/ Melissa McChesney Melissa McChesney 5