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HomeMy WebLinkAboutContract 44116 (2)ADOPT -A -PARK AGREEMENT FOR MAINTENANCE AND LANDSCAPING SERVICES THIS ADOPT -A -PARK AGREEMENT (Agreement) is made by and between the CITY OF FORT WORTH, a home -rule municipal corporation situated in the State of Texas ("City") and HARVEST RIDGE HOMEOWNER'S ASSOCIATION, INC., a Texas non-profit Corporation ("HOA"), acting by and through its duly authorized President. WHEREAS, the City budgets for and maintains Parks and parkland within the City; WHEREAS, the City now desires to enter into a contract for certain services in a specific Park in which improvements and/or- services shall consist of maintenance, landscaping, fencing, irrigation systems, and playgrounds; WHEREAS, such improvements and/or services constitute a supplement to standard City services; and WHEREAS, HOA has agreed to assist the City by providing, furnishing, or performing the aforesaid improvements and/or services. NOW, THEREFORE, for and in consideration of the mutual covenants, promises, and agreements contained herein, the City and HOA do hereby covenant and agree as follows. SECTION 1 DESCRIPTION OF PROPERTY 1.01 The HOA is hereby authorized under this Agreement to provide, furnish, and perform the services specified herein on City -owned park located at 13025 Harvest Ridge Road ("Park") as further described in the Agreement in Exhibit A, attached and incorporated into this Agreement. SECTION 2 TERM OF AGREEMENT 2.01 This primary term of this Agreement is for a term of one year effective beginning on the 1st day of October 2012, and ending on the 30`'' day of September 2013. The primary term may be renewed by mutual agreement between the HOA and the City for two successive one-year terms (October 1, 2013 through September 30, 2014 and October 1, 2014 through September 30, 2015) under the same conditions and terms of this Agreement. The HOA must advise the City in writing of its intent to renew this Agreement at least 30 days prior, but no earlier than 90 days prior, to the termination date of the initial one-year term, or the two successive one-year terms, as applicable. SECTION 3 DUTIES AND RESPONSIBILITIES 3.01 HOA shall commence, carry on, and provide such services in accordance with this Agreement and its attachments and all applicable laws. In providing such services, HOA shall take Adopt -A -Park for Maintenance and Land with Harvest Ridge Homeowner's Assoc ervices FICIAL RECORD CITY SECRETARY vvoRTh ¶n 1of13 01-28-13 P03:36 IN such steps as are appropriate to ensure that the work involved is properly coordinated with any related work performed by the City. 3.02 Plans for all work shall be submitted to the City not less than 60 days prior to construction or installation. No work shall commence until approval has been granted by the City. Any work in progress prior to approval may be stopped and subject to removal and replacement. 3.03 The HOA represents that it has or will secure, at its own expense, all materials, supplies, machinery, equipment, tools, superintendence, labor, personnel, insurance, and other accessories and services necessary to provide the following improvements at the Park: a. Provide and install all plant material. The HOA shall submit a. landscape plan not less than 30 days prior to installation of any landscaping to the Director of the City's Parks and Community Services Department or his designee (` Director") for approval. The plan shall show the number, types and locations of all vegetation to be installed on the Park and no installation of landscaping is to occur until the plan has been approved by the Director b. Maintain all plant material in good condition using accepted horticultural practices. c. Maintain and operate the irrigation system sufficiently to ensure the plantings receive adequate water to support and maintain their viability during the growing season for the initial two or three years of establishment only and thereafter only as necessitated by weather conditions or extenuation circumstances. Operation and maintenance of the irrigation system shall be in accordance with the City's Water Conservation and Rationing Procedures and the Water Conservation Ordinance, and shall include furnishing materials, updates, upgrades, and repair as may be necessary. The procedures and ordinance may be provided upon request. d. Provide and pay for all water necessary to maintain trees and other plantings. e. Mow turf areas on a 14-day cycle or more often in accordance with the current standards of the Parks and Community Services Department ("Department"). f. Collect and properly dispose of all trash, garbage, litter, and debris before mowing and/or not less than twice weekly if mowing does not occur. HOA covenants and agrees that it will not permit motorized vehicles, excluding mowing equipment, on turf areas within the park without advance written permission by the City. All vehicles shall remain on paved surfaces g. Oversee the bidding and awarding of contracts for the maintenance and services of authorized public improvements within the park h. Comply with the City's Business Diversity Enterprise Ordinance (Ordinance No. 20020- 12-2011) during the award and administration of contracts. HOA will commit to a Business Diversity goal. HOA shall provide to the City at the conclusion of the work a report regarding the project's achievement in comparison to the City's goal as provided in the ordinance. i. Monitor work performed by subcontractors to ascertain that all work is performed completely, timely, and in strict accordance with work specifications and to make necessary changes to achieve these objectives. j. Maintain a full and accurate accounting of disbursements from City revenue. Adopt -A -Park Agreement for Maintenance and Landscaping Services with Harvest Ridge Homeowner's Association 2 of 13 3.04 The City will perform the following: a. Make inspections of the Park to determine compliance with this Agreement and to ascertain that the HOA maintains the same level of services in the Park as that which the City provides in a comparable area of the city In the event that the City observes non- compliance, the HOA will be notified and given a reasonable period of time to correct the problem. b. Maintain the playground equipment within the Park. c. Replace and/or replenish playground surface material as needed to maintain safe fall zones. d. Maintain amenities or hardscapes in the park, i.e., benches, lighting, basketball goal, sidewalks, etc., exclusive of irrigation systems and water features e. Maintain the vegetation in the creek on a schedule consistent with the Department's creek cleaning schedule, but not more often than once every three years or on the frequency adopted by the Department. City may provide herbicide treatments to control unwanted vegetation in the creek, as conditions warrant f. Provide funding to the HOA as set forth in Section 4. 3.05 In the event that any City -owned property, such as utilities, equipment, turf, etc , are damaged or destroyed during installation, watering, or maintenance of the landscape improvements due to negligence or acts of omissions of the HOA, the HOA shall be solely responsible for all repairs or replacements. In the event of damage due to the acts of the HOA, the HOA shall replace or repair the damage at no cost to the City. The City shall determine whether any damage has been done the amount of damage, the reasonable costs of repairing the damage, and whether the HOA is responsible. The City shall be the sole judge of the damage to the Park, which shall be exercised reasonably. Any damage by the HOA shall be repaired or replaced by the HOA to the reasonable satisfaction of the City within thirty (30) days of receipt of written notification from the City. SECTION 4 FUNDING AND PAYMENTS TO HOA 4.01 The City shall provide funding in 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 Park as would ordinarily be conducted by the Department. Those amounts shall be: (i) For the period October 1, 2012 through September 30, 2013: $9,407.00, which shall be allocated in accordance with the attached Fxhibit B (incorporated herein for all purposes) For all subsequent City fiscal year periods (October 1 through September 30): 1'BD 4.02 Amounts for fiscal years beyond September 30, 2013, will be determined by the budget approved and adopted by City Council. HOA will be notified in writing of approved funding. 4.03 All funding will be provided in quarterly payments made in arrears for services provided by or on behalf of the HOA during the previous thiee (3) months Payment shall be conditions on all services having been provided in accordance with the terms of this Agreement. In no event shall the HOA receive funds if services are not provided The HOA shall provide copies of invoices paid for Adopt -A -Park Agreement for Maintenance and Landscaping Services with Harvest Ridge Homeowner's Association 3 of 13 services in the Park. Funding provided by the City is not intended to cover the entire costs of services provided by the HOA under this Agreement. 4.04 The HOA shall make a periodic work report, no less than quarterly, to the Director. The work report shall detail all of the HOA's significant work activities. The format of the report shall be mutually agreed upon by the HOA and the Director. Payment to the HOA may be withheld if the report is not received The Director shall have the right to verify that the report is complete and accurate. 4.05 The City and the HOA acknowledge that the budget allocation may be amended from time to time. As such amendments occur, the amendments shall be incorporated herein by reference and shall govern payments made by the City to the HOA. 4.06 If, for any reason, at any time during any term of the Agreement, the City Council fails to appropriate funds sufficient for the city to fulfill its obligations under this Agreement, the City may terminate this Agreement to be effective on the later of (i) thirty (30) days following delivery by the City to the HOA of written notice of the City's intention to terminate or (ii) the last date for which funding has been appropriated by the City Council for the purposes set forth in this Agreement. SECTION 5 RECORDS; REPORTS AND AUDITS 5.01 The HOA agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any books documents, papers, and records of the HOA involving transaction related to this Agreement. The HOA agrees that the City shall have access during normal working hours to all necessary HOA facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. 5.02 The HOA further agrees to include in any subcontractor agreements hereunder a provision to the effect that subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subagreement, have (i) access to and the right to examine any books, documents, papers, and records of such subcontractor, involving transactions relating to the subagreement; and (ii) 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. SECTION 6 ALTERATIONS AND ADDITIONS 6.01 HOA shall not make or cause to be made any alterations, additions, or improvements to the Park without the prior written consent of the Director. HOA shall present to the Director plans and specifications for such alterations, additions, and improvements at the time such approval is sought. 6.02 All alterations, additions and improvements to the Park made with the written consent of the Director shall, upon completion and acceptance by the City, become the property of the City. Adopt -A -Park Agreement for Maintenance and Landscaping Services with Harvest Ridge Homeowner's Association 4 of 13 HOA may be required to remove, at its expense, any alterations, additions or improvements not meeting specifications as approved by the City. SECTION 7 RIGHT OF ACCESS 7.01 City does not relinquish the right to control the management of the Park, or the right to enforce all necessary and proper rules for the management and operation of the same. City, through its Manager, Director, police and fire personnel, and other designated representatives, has the right at anytime to enter any portion of the Park (without causing or constitution a termination of the use or an interference of the use of the Park by the HOA) for the purpose of inspecting and maintaining the same and doing any and all activities necessary foi the proper conduct and operation of public property; provided this shall not authorize or empower city to direct the activities of HOA or assume liability for HOA's activities. 7.02 The City reserves the right to modify any improvements made by the HOA at the Park as determined necessary by the Director should any of the following occur: a. HOA ceases to maintain the Park according to this Agreement; b. The Park becomes a hazard to the general public; c. The City determines in their sole discretion, that another use for the park exists; or d. The City determines in its sole discretion, to make use of the Park for the installation of any public utilities or improvements. SECTION 8 INDEMNiF1CA T ION 8.01 THE HOA AGREES TO AND DOES HEREBY DEFEND, 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, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY (i) HOA'S BREACH OF ANY OF THE 1 ERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF THE HOA, ITS OFFICERS, AGENTS, ASSOCLAIL'S, EMPLOYEES, 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 PARI4 OR THE PERFORMANCE OF THIS AGREEMENT; EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOT .P7 NEGLIGENCE OR WRONGFUL, WILLFUL ACTS OF THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS, AND IN THE EVENT OFJOINT AND CONCURRENTNEGLIGENCE OR WRONGFUL, WILLFUL ACTS OF BOTH THE HOA AND CITY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS, RESPONSIBILITY, IFANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OFTEXAS. Adopt -A -Park Agreement for Maintenance and Landscaping Services with Harvest Ridge Homeowner's Association 5 of 13 8.02 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, employees, agents, contractors, subcontractors, invitees, 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 police protection and will not be liable for any loss or damage sustained by HOA, its members, employees, agents, contractors, subcontractors, invitees, licensees, or trespassers on any of the premises. 8.03 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. SECTION 9 INSURANCE 9.01 The HOA shall not commence work under this Agreement until it has obtained all the insurance required under the contract and the City has approved such insurance. HOA shall be responsible for delivering to the City the HOA's certificate of insurance for approval HOA shall indicate on the certificate of insurance whether or not its insurance covers contractors or subcontractors. The insurance coverage required herein shall include the coverage of all subcontractors, or such subcontractors shall provide to HOA documentation of insurance reasonably equivalent to that required of the HOA, according to the liability exposures related to the subcontractors services and/or materials. a. Commercial General Liability Insurance• The HOA shall procure and maintain during the initial one-year term of this Agreement and any extension period, a commercial general liability insurance policy in the amount not less than $1,000,000.00 covering each occurrence b. Worker's Compensation Insurance: If the HOA will utilize employees to perform work within the term and scope of this Agreement, then it shall maintain, during the term of this Agreement, and any extension period statutory Woikers Compensation Insurance on all of its employees engaged in work under this Agreement, and for all subcontractors unless such subcontractors maintain their own Workers' Compensation Insurance. c. Automobile Insurance: The HOA shall procure and maintain, during the initial one-year term of this Agreement and any extensive period, a comprehensive bodily injury and property damage automobile liability policy in the amount not less than $500,000.00 for each accident. This policy shall cover any automobile used within the scope of this Agreement. 9.02 The insurance specified in 9.01. hereof shall comply with the following requirements: a. The City of Fort Worth, its Officers, Employees, and Volunteers shall be named as Additional Insureds. Exception. The additional insured requirement does not apply to Workers' Compensation policies b. Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein Adopt -A -Park Agreement for Maintenance and Landscaping Services with Harvest Ridge Homeowner's Association 6 of 13 c. Thirty (30) day notice of cancellation or non -renewal d. Waiver of rights of recovery (subrogation) in favor of the City of Fort Worth e. The insurers for all policies must be licensed/approved to do business in the State of Texas. All insurers must have a minimum rating of B: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of the City of Fort Worth Risk Management. If the rating is below that required, written approval of the City of Fort Worth Risk Management is required. f. If insurance policies are not written for specified coverage limits, an Umbrella of Excess Liability insurance for any differences is required Excess Liability shall follow the form of the primary coverage. g. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". h. The City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and their statutory law, court decision or the claims history of the industry as well as of the contracting party to the City of Fort Worth. The City shall be required to provide prior notice of ninety (90) days. i. Deductible limits, or self -funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. j. City will not be responsible for the direct payment on insurance premium, costs for HOA's insurance. k. HOA's insurance policies shall be endorsed to provide that such insurance is primary protection and any self -funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. 1. While the Agreement is in effect, HOA shall report, in a timely manner, to the City any known loss occurrence that could have rise to a liability claim or lawsuit or which could result in a property loss. m. HOA's liability shall not be limited to the specific amounts of insurance required herein. n. Upon the request of City, HOA shall provide complete copies of insurance policies required by these contract documents o. Insurance certificates satisfactory to the City must be received before HOA can begin work. Failure to supply and maintain such insurance shall be a breach of contract. HOA shall submit proof of insurability to the City annually. SECTION 10 CHARITABLE ORGANIZATION 10.01 HOA agrees that, if it is a charitable organization, corporation, entity or individual enterprise having, claiming or entitled to any immunity, exemption (statutory or otherwise) or limitation from and against liability for damage or injury to property or persons under the provisions of the Charitable Immunity and Liability Act of 1987, C.P.R.C., 5 84.001 et seq. or other applicable law, that HOA hereby expressly waives its right to assert or plead defensively any such immunity or limitation of liability as against City. If applicable, the HOA annually shall submit proof of 501(c) (3) eligibility to the City. SECTION 11 INDEPENDENT CONTRACTOR 11.01 HOA shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the City. HOA shall have exclusive control of, and the Adopt -A -Park Agreement for Maintenance and Landscaping Services with Harvest Ridge Homeowner's Association 7 of 13 exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees and subconsultants (or subcontractors). Nothing herein shall be construed as creating a partnership or joint venture between the City and HOA, its officers, agents, employees and subconsultants (or subcontractors), and doctrine of respondent superior has no application as between the City and HOA. SECTION 12 LICENSES AND PERMITS 12.01 HOA shall comply with all federal, state, and local laws, rules, and regulations, as well as with all regulations, restrictions, and requirements of the Police, Fire, and Code Compliance Departments now or hereafter in effect which are applicable to its operations. HOA shall obtain and keep in effect at its own cost and expense all licenses and permits, and pay all taxes incurred or required in connection with this Agreement and its operations hereunder. SECTION 13 LIENS 13.01 HOA agrees not to take any action that would result in the creation of any lien on City property. In the event that a lien is filed, as a result of any action of the HOA, the HOA will take all necessary steps to bond around or remove the lien within 10 days of its filing. SECTION 14 TERMINATION AND DEFAULT 14.01 Either party may terminate this Agreement without cause by the giving of thirty (30) days notice in writing to the other party 14.02 In the event HOA fails to comply with any of the terms and conditions of this Agreement, after notice and opportunity to cure as provided in this Agreement, the City shall have the right, and without further notice to declare this Agreement immediately terminated and to enter into and take full possession of the Park save and except such personal property and equipment as may be owned by HOA. In the event of such cancellation of this Agreement by the City all rights and privileges of HOA hereunder shall cease and terminate and HOA shall immediately vacate the Area 14.03 HOA shall be notified by phone call and written correspondence of the HOA's failure to comply with any of the terms and conditions of this Agreement. HOA shall have 30 calendar days from the date of written correspondence to correct deficiencies. 14.04 Upon termination, the parties shall be released from all obligations contained in this Agreement except for the indemnification requirements found in Section 8 of this Agreement. 14.05 Termination notice shall be considered rendered when placed in the United States Postal Service for delivery to the other party in accordance with Section 16. Adopt -A -Park Agreement for Maintenance and Landscaping Services with Harvest Ridge Homeowner's Association 8 of 13 SECTION 15 NON-DISCRIMINATION/DISABILITIES 15.01 HOA, in its construction, maintenance, occupancy, or use of said Area shall not discriminate against any person or persons because of race, age gender, religion, color, national origin, sexual orientation, gender identity, gender expression, or disability SECTION 16 NOTICES 16.01 Any notice required shall be sufficient if deposited in the U.S. Mail, postage prepaid, certified mail, return receipt requested, and addressed to the other party as follows: CITY: HOA: City of Fort Worth Parks and Community Services Director 4200 South Freeway, Suite 2200 Fort Worth, Texas 76115 With copy to: City Attorney 1000 Throckmorton Street Fort Worth, Texas 76102 Harvest Ridge Homeowners Association Dean Holt, President 1240 Keller Parkway, Suite 200 Keller, TX 76248 16.02 Mailing of all notices pursuant to this Section shall be deemed sufficient if mailed postage prepaid, certified mail, return receipt requested, and addressed as specified above, unless either party has been notified in writing of any changes to such address(es) or addressee(s). All time periods related to any notice requirements specified in this Agreement shall commence on the date notice is mailed. SECTION 17 VENUE AND JURISDICTION 17.01 This Agreement shall be governed by the laws of the State of Texas. Venue for any action brought to interpret or enforce, or arising out of or incident to, the terms of this License Agreement shall be in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. SECTION 18 ASSIGNMENT OF DUTIES 18.01 HOA agrees that it will not subcontract or assign all or any part of its rights, privileges or duties hereunder without the prior written consent of the Director, and any attempted subcontract or assignment of same without such prior consent of the Director, shall be void Consent shall not be unreasonably withheld. Adopt -A -Park Agreement for Maintenance and Landscaping Services with Harvest Ridge Homeowner's Association 9 of 13 18.02 Subject to the limitations contained herein, the covenants, conditions, and agreements made and entered into by the parties hereunder are declared to be for the benefit of and binding on their respective successors, representatives, and permitted assigns, if any. SECTION 19 WAIVER, SECTION HEADINGS, AND SEVERABILITY 19.01 It is agreed that in the event any covenant, condition, or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall in no way affect any other covenant, condition, or provision herein contained, provided however, that the invalidity of any such covenant, condition, or provision does not materially prejudice either HOA or the City in connection with the rights and obligations contained in the valid covenants, conditions, or provisions of this Agreement. 19.02. The waiver by the City of any default or breach of a team, covenant, or condition of this Agreement shall not be deemed to be a waiver of any other breach of that term, covenant or condition or any other term, covenant, or condition of this Agreement, regardless of when the breach occurred 19.03 The headings in this Agreement are inserted for reference only, and shall not define or limit the provisions hereof. SECTION 20 ENTIRE UNDERSTANDING 20.01 This Agreement including all attachments, schedules, and exhibits attached hereto constitutes the final, entire, and complete agreement between HOA and the City and supersedes any prior and contemporaneous negotiations, understandings, representations, and/or agreements between the parties Any prior or contemporaneous oral or written agreement that purports to vary from the terms hereof shall be void. This Agreement cannot be modified or amended without the written consent of all the parties hereto and attached and made a part of this Agreement. 20.02 Neither this Agreement nor any provision hereof may be modified except by an instrument in writing, signed by the parties. This Agreement shall be binding upon and inure to the benefit of the parties hereto and them respective successors and assigns. SECTION 21 FORCE MAJEURE 21.01 If either Party is unable, either in whole or part, to fulfill its obligations under this Agreement due to acts of God strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades; insurrections; riots; epidemics; public health crises; earthquakes; fires; floods restraints or prohibitions by any court, board, department, commission, of agency of the United States or of any state, declaration of a state of disaster or of emergency by the federal, state, county, or City government in accordance with applicable law; issuance of an Imminent Threat Alert or Elevated Threat Alert by the United States Department of Homeland Security of any equivalent alert system t hat may be instituted by any agency United States; any arrests and restraints; civil disturbances, or explosions; or some other reason beyond the Party's reasonable Adopt -A -Park Agreement for Maintenance and Landscaping Services with Harvest Ridge Homeowner's Association 10 of 13 control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. If a Force Majeure Event occurs, the City may, in its sole discretion, close or postpone the opening of its community centers, parks, or other City owned and operated properties and facilities in the interest of public safety and operate them as the City sees fit. EXECUTED to be effective on the date set forth in Section 2. CITY OF FORT WORTH by.• Susan Alanis Assistant City Manager Approved as to Form and Legality: By: ATTES By: Tylei F. Wallach Assistant City Attorney `Mary 'ays€r 1 City Secretary No M&C REQUIRED HARVEST RIDGE HOMEOWNERS ASSOCIATION, INC. 41 1 oo°a°no0 telA Jd no 0 pis® O 0 0 Q)\ *o (s('o%) QA, -21 0 AS` wsilityttnottfrie Adopt -A -Park Agreement for Maintenance and Landscaping Services with Harvest Ridge Homeowner's Association Dean� It /Mi&Aet� Presid�ht ©E[D@flW f ECORD SECRETARY FtwoRTHP____Eilia 13 Exhibit A Harvest Ridge Homeowners Association Adopt -A -Park Agreement for Maintenance and Landscaping Services with Harvest Ridge Homeowner's Association 12of13 Harvest Ridge Park FY 2013 Park Maintenance Budget Allocation Function Park Mowing Litter Pickup Creek Cleaning Operating Supplies Park Maintenance -Other (Labor to address illegal dumping, post/cable repair, sign installation, etc.) Total File: Pi 5 MAIM Allocation F1/40091 (525-±0) xis Unit Acres Acres LF Ea Acres Exhibit B FORT WORTH Quantity I # Cycles I Cost/unit Extension 6.371 6.37 01 1) 6.37 14 $ 521$ 0 $ $ 25.00 j $ 10.08 I $ - I$ 500.00 $ 52 $ 10.08 $ 2,230 3,339 500 3,339 9,407 Adopt -A -Park Agreement for Maintenance and Landscaping Services with Harvest Ridge Homeowner's Association 13 of 13