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HomeMy WebLinkAboutContract 40223-R3Chee WCRETAr\,ike OFFICIAL RECORD C{t e r .3, j T 25 G1TY SECRETARY c _ FT. WORTH, TY THIRD RENEWAL AND SECOND AMENDMENT OF CITY SECRETARY CONTRACT NUMBER 40223, AN ADOPT -A -PARK AGREEMENT FOR MAINTENANCE AND LANDSCAPING SERVICES • This THIRD RENEWAL AND SECOND AMENDMENT OF CITY SECRETARY CONTRACT NO. 40223 ("Third Renewal and Second Amendment") is made and entered into by and between the City of Fort Worth ("City"), a home -rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, and Homeowner's Association of Twin Mill Farms, Inc. ("I-IOA"), a Texas non-profit corporation, acting by and through its duly authorized representative. WHEREAS, on May 17, 2010, City and HOA entered into an Adopt -A -Park Agreement for Maintenance and Landscaping Services, the same being Fort Worth City Secretary Contract ("CSC") Number 40223; WHEREAS, on December 3, 2010, the City and HOA amended CSC No. 40223 to correct an error and restructure the periods of performance (CSC No. 40223-A1); WHEREAS, CSC No. 40223, as amended, had a two year primary term from September 6, 2008, through September 5, 2010; WHEREAS, CSC No. 40223, as amended, provides that the term may be renewed for four additional two-year periods by mutual agreement between the HOA and City; WHEREAS, the primary term, first renewal term (CSC Number 40223-R1), and second renewal term (CSC Number 40223-R2) have expired and there remains two;(2) additional two-year renewal (coliectively, ps o ierdCSC Nos. 40223, 40223-Al, 40223-R1, 40223-R2 are hereinafter referred to as the "Agreement"); WHEREAS,' ,City and HOA wish to continue in their relationship' by exercising the third renewal option; WHEREAS,. .since entering into the Agreement, the City has revised its liability and insurance req uirement§ for the Adopt -A -Park program, and the parties Wish to incorporate those changes into the Agreement; and NOW, THEREFORE, City and HOA agree to renew and extend the Agreement as follows: I. RENEWAL j 1. . The Cityand HOA herebyagree to renew and extend theI.A reement for a third 1. g . , g renewal term of two -years, effective beginning on October 1, 2014 and expiring on September 30, 2016 ("Third Renewal Term") . 2. The fundingprovided by the City pursuant to Section .04(cy for the period October 2 1, 2014 through September 30, 2015 shall be SEVENTEEN THOUSAND TWO HUNDRED T. :Third Renewal and Second `Amendment of CSC 40223 • • • Page 1 of 8 1 .. ;$4.; • FIFTY:TWO DOLLARS AND NO CENTS ($17,252.00), which shall be allocated in accordance with the attached Exhibit F (incorporated herein by reference). 3. The funding provided by the City pursuant to Section 2 04(c) for the period October 1, 2015 through September 30, 2016 remains TO 1314, D VTVRIVIIN VD but shall be an amount equivalent to the funds authorized by the annual City budget adopted by the Fort Worth City Council for basic grounds maintenance in the Area as would ordinarily be conducted by the Parks and Community Services Department. II. AMENDMENTS 1. Section 6 of the Agreement titled, "IND KVII\ IFICATION" is hereby amended in full to read as follows: "SECTION 6 INDEMNIFICATION, LIABILITY, AND RELEASE 6.01 HOA AGREES TO AND DOES HEREBY DEPEND, INDEMNIFY, AND HOLD THE CITY, ITS OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS, AND EXPENSES OF ANY KIND, I CL \/ DI+ - G, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING, BUT NOT LIMITED TO, ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY RESULTING LOST PROFITS) A.ATI/OR PERSONAL INJURY INCLUDING, BUT NOT LIMITED TO, DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY (r) HOA'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (19 ANYACT OR OMISSION OR INTENTIONAL MISCONDUCT OF HOA, ITS OFFICERS, AGENTS, ASSOCIA] ES, EMPLOYEES, VOLUNTEERS, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS, RELATED TO INSTALLATION AND MAINTENANCE OF IMPROVEMENTS IN OR TO THE MEDIANS, RIGHTS -OF -WAYS, PARKS, AND CREEKS LOCATED WITHIN THE AREA, OR THE PERFORMANCE OF THIS AGREEMENT, EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH S NOT APPLY TO ANY LIABILITY RESULTING FROM THE SO%F NEGLIGENCE OR WRONGFUL, WILLFUL ACTS OF THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT A1ND CONCURRENT NEGLIGENCE OR WRONGFUL, WILLFUL ACTS OF BOTH HOA AND CITY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS, RESPONSIBILITY; IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. 6.02 The HOA covenants and agrees that the City shall in no way nor under any circumstances be responsible for any property belonging to the HOA, its members, Third Renewal and Second Amendment of CSC 40223 Page 2 of 8 employees, agents, contractors, subcontractors, invitees, volunteers, licensees, or trespassers, which may be stolen, destroyed, or in any way damaged, AND HOA HEREBY INDEMNIFIES AND HOLDS HARMLESS THE CITY FROM AND AGAINST ANY AND ALL SUCH CLAIMS. The City does not guarantee pohce protection and will not be liable for any loss or damage sustained by HOA, its members, employees, agents, contractors, subcontractors, invitees, volunteers, licensees, or trespassers on any of the premises. 6.03 HOA agrees to forever release and waive all claims against the City, its departments, officers, agents, employees, and representatives for any and all claims, lawsuits, damages, and liabilities, including, but not limited to, personal injury (including, but not limited to, death) and property damage or loss, from any act or omission of HOA, its employees, officers, agents, representatives, and volunteers in connection with this Agreement. HOA shall ensure that each and every community participant or volunteer that assists the HOA in the fulfillment of this Agreement executes the City s release, waiver, and indemnification agreement before providing or performing any services at the Area, a copy of which is attached hereto as Exhibit D. HOA shall retain a copy of said agreement during the term of this Agreement and for three years thereafter and shall provide the City with all originals upon request. HOA acknowledges and understands that the waiver, release, and indemnification agreement attached as Fxhibit D is only effective for one year from the date of signature of each individual community participants; therefore, HOA shall ensure that each community participant is current prior to allowing that person to provide or perform any services at the Area. 6.04 It is further agreed that the acceptance of this release shall not constitute a waiver by the City of Fort Worth of any defense of governmental immunity, where applicable, or any other defense recognized by the Statutes and Court decisions of this State." follows: 2. Section 7 of the Contract titled, "INSURANCN" is hereby amended in full to read as "SECTION 7 INSURANCE 7.01 The City will not require insurance under this Agreement unless the fulfillment of any obligations hereunder requires the use of a contractor or riding equipment, which may include, without limitation, a riding lawnmower or bulldozer. If the fulfillment of any obligations requires the use of a contractor, then the contractor must have, at a minimum, insurance coverage as detailed below. Likewise, if the HOA desires to use riding equipment to fulfill any obligation under this Agreement, then the HOA must have, at a minimum, insurance coverage as detailed below. Prior to commencing any work, the HOA and/or its contractor (as applicable) shall deliver to City, certificates documenting this coverage. The City may elect to have the HOA or its contractor submit its entire policy for inspection. All insurance must be maintained through the term that such activities take place on the Park. Third Renewal and Second Amendment of CSC 40223 Page 3 of 8 1. Insurance coverage and limits: a. Commercial General Liability Insurance $1,000,000 each occurrence; $2,000,000 aggregate b. Automobile Liability Insurance Coverage on vehicles involved in the work performed under this contract: $1,000,000 per accident on a combined single limit basis or: $500,000 bodily injury each person $1,000,000 bodily injury each accident and .$250,000.property damage The named insured and employees of HOA or it contractor shall be covered under this policy. The City of Fort Worth shall be named an Additional Insured, as its interests may appear. Liability for damage occurring while loading, unloading and transporting materials collected under the Agreement shall be included under this policy. c. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease -policy limit $100,000 disease -each employee 2. Miscellaneous a Applicable policies shall be endorsed to name the City an Additional Insured thereon, as its interests may appear. The - term City shall include its employees, officers, officials, agents, and volunteers as respects the services: b. Certificate(s) of Insurance shall document that insurance coverage specified herein are provided under;; applicable policies documented thereon. "' c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver .of the insurance requirements. A minimum- of thirty '(30) days' notice of cancellation or material change in coverage shall be provided to the Crty... A ten (10) days' notice shall be acceptable in the event oaf non- payment of premium. Such terms shall be: endorsed onto HOA's or its contractor's insurance policies. Notice shall be sent to Department of Financial Management Services - Risk Management Division, City of Fort Worth, 1000 Throckmorton. Street, Fort Worth, Texas 76102. Third Renewal and Second Amendment of CSC 40223 Page 4 of 8 e. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the City; and, such insurers shall be acceptable to the City in terms of their financial strength and solvency. f. Deductible limits, or self -insured retentions, affecting insurance required herein shall be acceptable to the City in its sole discretion; and in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention.groups_also must. be approved Dedicated financial resources or Letters of Credit may also be acceptable to the City. g. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the City as respects the Agreement. h. The City shall be entitled, upon its request and without incurring expense, to review the HOA's or its contractor's insurance policies including endorsements thereto and, at the City's discretion; the HOA or its contractor may be required to provide proof of insurance premium payments. The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the City :.approves such exclusions. The City shall not be responsible for the direct; payment of any insurance premiums required by the contract. It is understood that insurance cost is an allowable component of contractor's overhead. k. All insurance required above shall be writteh'ori an occurrence basis in order to be approved by. the City. 1. HOAs that do not have employees or automobiles,willnot be required to obtain Auto Liability or Worker's!Compensation insurance." -. III. MISCELLANEOUS 1. All other terms and provisions of the Agreement between, the Cityand the HOA shall remain in full force and effect except as. specifically amended or set foiVi herein.: 2. All terms in this Third Renewal and Second Amendment that are capitalized but not defined shall have the meanings assigned to them in the Agreement. Thud Renewal and Second Amendment of CSC 40223 Page 5 of 8 y• ,• • r r-i • tJ• t� • ;.�) •• ••C�t1••• . , �1•y� � (01 .r . IN WITNESS WHEREOF, the parities hereto have executed this Third R newal a d Second Amendment in multiples in Fort Worth, Tarrant County, Texas, thi day of 2014. CITY OF FORT WORTH By: Susan Alanis Assistant City Manager APPROVED AS TO FORM AND LEGALITY: Tyler F. Wallach Assistant City Attorney • ATTEST: Anafre Mary 7� , • . fi 7 • .City Sectetary ,•. ,t •1 ) f t• . NO M&C REQUIRED • • Third Renewal and Second Amendment of CSC 40223 • HOMEWONER'S ASSOCIATION OF TWIN MILL F ; S, INC. By: Doug, . s Directo • • • :• 3 • . • • • OFF1CIAL RECORD CITY SECRETARY F7: WORTH, TX •• t• • If • • • , • ht • •, {{• 1 '•. SI• a: • ,• 4 f; t •• t 3 • 0' • - •. • • • :I •. • .. : 1 P • • • • • • ,. • 1 : •• ..• 1 . 1t:_,: It ; 1• • i• • 4. i. • 1 • act' r r • •' • 3 . • •• • • Page 6of8 EXHIBIT BUDGET ALLOCATION TERM FUNDING SHEET FORT WORTH `--"Irrr win Mier ark City Fiscal Year 2015 Park Maintenance Budget Allocation PARKS AND COMMUNITY SERVICES (7/l4day cycles and 7/21 day cycle_ # Cycles Cost/unit Function Unit Quantity Extension Park Mowing Acres 10.926 14 $ 25.00 $ 3, 824 Acres 10.926 52 $ 10.08 $ 5,727 Litter Pickup 804 3 5.50/3 Creek Cleaning LF 1474 years 1 $ 500.00 $ 500 Operating Supplies Ea 10.926 52 $ 10.08 Park Maintenance -Other (Labor to illegal dumping, address post/cable repair, sign installation, Acres $ 5,727 etc.) Total $ 17,252 Third Renewal and Second Amendment of CSC 40223 Page 8 of 8 FORT WORTH CITY OF FORT WORTH PARK, STREET AND MEDIAN ADOPTION PROGRAM WAIVER, RELEASE, AND INDEMNIFICATION Fort Worth kdkeg 9TEP � 1964 •1993.2011 In consideration for the opportunity to engage in volunteer work during the City of Fort Worth Park, Street, and Median Adoption Program ("Program"), I, the undersigned, either in my own capacity or as a legal parent or guardian on behalf of the minor listed below, hereby fully recognize, appreciate, and assume any and all risks associated with such participation and do hereby FULLY AND FOREVER WAIVE AND RELINQUISH, COVENANT NOT TO SUE, RELEASE, HOLD HARMLESS, DISCHARGE, DEFEND, AND INDEMNIFY the City of Fort Worth, its representatives, officers, agents, and employees (collectively, the "City") from and against any and all actions, causes of action, lawsuits, debts, demands, damages, losses, claims, judgments, expenses, and/or liabilities (induding, but not limited to, those related to personal and bodily injuries; illnesses; death; disability; property damage and loss; incidental, consequential, punitive, actual, and special damages; medical, hospital, or pharmaceutical expenses; and/or attorney's fees), of whatsoever kind or character, whether real or asserted, arising out of or resulting from the acts or omissions of the undersigned volunteer or the minor child (if the undersigned is signing on behalf of a minor child) in connection with the Program. Furthermore, it is my intention that the terms of this document shall apply EVEN IF THE INJURY, DEATH, OR PROPERTY DAMAGE ALLEGEDLY SUFFERED BY ME OR ANYONE ELSE IS CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE, GROSS NEGLIGENCE, INTENTIONAL ACT OR OTHER FAULT OF THE CITY. This waiver, release, and indemnification shall be in effect for one year after signature. I have carefully read this Waiver, Release, and Indemnification and fully understand it. FIRST NAME LAST NAME Signature (Guardian's Signature if Participant is <18 Date Home Address Contact Information (email and phone) Thud Renewal and Second Amendment of CSC 40223