HomeMy WebLinkAboutContract 40223 CITY SECRETARY
CONTRACT NO.
ADOPT-A-PARK AGREEMENT
FOR MAINTENANCE AND LANDSCAPING SERVICES
THIS ADOPT-A-PARK AGREEMENT (Agreement) is made and entered into by and
between the CITY OF FORT WORTH, a home rule municipal corporation of the State of
Texas (hereinafter referred to as "City"), acting by and through the Director of the Parks and
Community Services Department (hereinafter referred to as "Director") and HOMEOWNER'S
ASSOCIATION OF TWIN MILL FARMS,INC., a Texas non-profit Corporation (hereinafter
referred to as the "HOA"), acting by and through its duly authorized President.
SECTION 1
DESCRIPTION OF PROPERTY
1.01 The HOA is hereby authorized under this Agreement to provide, furnish, and perform
general lawn care and grounds maintenance on the medians,rights-of-way, parks, and creeks
within the area of the City of Fort Worth bounded by Wheatfield Trail/Threshing Drive/Cracked
Wheat Trail/Wheat Sheaf Road on the west, Twin Mills Road on the east, and Bailey-Boswell
Road W. on the south, and the concrete headwall at the creek outlet on the north, as further
identified in"Exhibit A,"of this Agreement. This area of the City is referred to in this
Agreement as the"Area."
SECTION 2
DUTIES AND RESPONSIBILITIES
2.01 The HOA shall commence and provide such services in accordance with this Agreement
and its attachments and all applicable laws. In providing such services, the HOA shall take such
steps as are appropriate to ensure that the work involved is properly coordinated with any related
work performed by the City.
2.02 Plans for all work and planting materials, including future or phased improvements, 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 by the HOA prior to approval
by the City may be ordered stopped at the discretion of the City and subject to removal and
replacement by the HOA at its expense. Proposed and approved plans for future and phased
improvements shall be identified as consecutive Exhibits and made a part of this Agreement.
2.03 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 to the Area:
a. Install and maintain all planting material in the Area in accordance with the plans
proposed by the HOA and as approved by the City.
b. Install, maintain, and operate underground irrigation systems and irrigation system
additions in accordance with the plans proposed by the HOA and as approved by the
City. All irrigation systems and system additions shall be installed by a licensed
01=1`14'IM RECO[ID
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irrigator, approved by the City. Upon installation, the irrigation systems will become
the property of the City, but shall be entirely maintained by the HOA during the term
of this Agreement.
c. As required, the HOA shall adhere to the Parks and Community Services
Department's "Water Conservation/Rationing Procedures", Exhibit B. HOA shall
supply the City with an irrigation plan not less than 30 days prior to construction.
d. Irrigation systems shall not run during wet and rainy weather nor shall they be in
operation during freezing temperatures.
e. Pay for all electrical hookups, electricity, water impact, water tap/meter fees, and
water.
f. Collect and properly dispose of all trash, garbage, litter, and debris related to the
HOA's scope of services under this Agreement
g. Provide creek clean-up once every three years.
h. Maintain and replace any color plantings.
2.04 The City will perform the following:
a. Make inspections to determine compliance with this agreement. In the event the City
observes non-compliance, the HOA will be notified and shall be given a period, not to
exceed thirty (30) days from the date of notification by the City, of time to correct the
problem.
b. Maintain playground equipment within City parks in the Area.
c. Provide funding to the HOA 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 Area as would ordinarily be conducted by the Parks and
Community Services Department. Those amounts shall be:
For the period September 6, 2008 through September 30, 2009: $19,883.00
For the period October 1, 2009 through September 30, 2010: $19,883.00
For all subsequent City fiscal year periods (October 1 through September 30): TBD
The HOA will be notified in writing of the amount of approved funding following
adoption of the annual City budget by the Fort Worth City Council.
All funding will be provided in quarterly payments made in arrears for services
provided by or on behalf of HOA during the previous 3 months.
Payment shall be conditioned on all grounds maintenance service 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 ground maintenance service in the Area. Funding provided by the City is not
intended to cover the entire cost of services provided by the HOA under this
Agreement.
If for any reason, at any time during any term of this Agreement, the City
Council fails to appropriate funds sufficient for the City to fulfill its obligations
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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.
2.05 In the event that any City-owned property, such as utilities, park development
improvements, 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 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 the 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 Area, in which judgment 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 days of receipt of written notification from the City.
SECTION 3
TERM OF AGREEMENT
3.01 The primary term of this Agreement shall encompass all services rendered during a five-
year period beginning on September 6, 2008, and ending on September 5, 2013. The initial five-
year term may be renewed by mutual agreement between the parties for two (2) successive five-
year periods 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 no less than thirty (30) and no more than
ninety(90) days prior to the expiration of the then-current term.
SECTION 4
ALTERATIONS AND ADDITIONS
4.01 HOA shall not make or cause to be made any alterations, additions, or improvements to
City property without the prior written consent of the Director, Parks and Community Services
Department. HOA shall present to the Director plans and specifications for such alterations,
additions, and improvements at the time such approval is sought.
4.02 All alterations, additions, and improvements to City property made with the written
consent of the Director, Parks and Community Services Department shall, upon completion and
acceptance by the City, become the property of the City. HOA may be required to remove, at its
expense, any alterations, additions, or improvements not meeting specifications as approved by
the City.
SECTION 5
RIGHT OF ACCESS
5.01 City does not relinquish the right to control the management of the Area, or the right to
enforce all necessary and proper rules for the management and operation of the same. City
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through its Manager, Parks and Community Services Director, police and fire personnel, and
other designated representatives, has the right at any time to enter any portion of the Area
(without causing or constituting a termination of the use or an interference of the use of the Area
by the HOA) for the purpose of inspecting and maintaining the same and doing any and all
activities necessary for the proper conduct and operation of public property; provided this shall
not authorize or empower City to direct the activities of the HOA or assume liability for HOA's
activities.
5.02 The City reserves the right to modify or remove any improvements made by the HOA on
City property in the Area as determined necessary by the Director should any of the following
occur:
a. The HOA ceases to maintain the Area according to this Agreement.
b. The Area becomes a hazard to the general public.
c. The City determines in its sole discretion, that another beneficial use for the Area
exists, to include, but not limited to, street relocation, street realignment, the
installation of any public utilities or improvements.
d. The City determines in its sole discretion, to make use of the Area for the installation
of any public utilities or improvements.
SECTION 6
INDEMNIFICATION
6.01 THE HOA AGREES TO DEFEND, INDEMNIFY, AND HOLD THE CITY, ITS
OFFICERS, AGENTS, AND EMPLOYEES HARMLESS AGAINST ANY AND ALL
CLAIMS,LAWSUITS,ACTIONS, COSTS,AND EXPENSES OF ANY"VD,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 �) HOA IS BREACH OF ANY OF THE
TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR
OMISSION OR INTENTIONAL MISCONDUCT OF THE HOA,ITS OFFICERS,AGENTS,
ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITI) OR
SUBCONTRACTORS, RELATED TO INSTALLATION AND MAINTENANCE OF
IMPROVEMENTS IN OR TO THE MEDL4NS AND RIGHTS-OF-WAY LOCATED
WITHIN THE AREA IDENTIFIED IN SECTION 1, OR THE PERFORMANCE OF THIS
AGREEMENT, EXCEPT THAT THE INDEMNITY PROVIDED FOR I7V THIS
PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE
NEGLIGENCE OR WRONGFUL WILL ACTS OF THE CITY OR ITS OFFICERS,AGENTS,
EMPLOYEES, OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND
CONCURRENT NEGLIGENCE OR WRONGFUL, WILLFUL ACTS OF BOTH THE 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.
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6.03 HOA covenants and agrees that City shall in no way nor under any circumstances be
responsible for any property belonging to 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 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 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.
SECTION 7
INSURANCE
7.01 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 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 Workers 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 term of
this Agreement and any extension 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.
7.02 The insurance specified in 7.01. hereof shall comply with the following
requirements:
a. The City of Fort Worth, its Officers, Employees, and Volunteers shall be named
as Additional Insureds on all insurance policies required under this Agreement
with the exception of Workers' Compensation insurance policies.
b. Thirty (30) day notice of cancellation or non-renewal.
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c. Wavier of rights of recovery(subrogation) in favor of the City of Fort Worth.
d. 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 A: 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.
e. If insurance policies are not written for specified coverage limits, an Umbrella or
Excess Liability insurance for any differences is required. Excess Liability shall
follow the form of the primary coverage.
f. Unless otherwise stated, all required insurance shall be written on an "occurrence
basis". If coverage is underwritten on a claims-made basis, the retroactive date shall
be coincident with or prior to the date of this Agreement and the certificate of
insurance shall state that the coverage is claims-made and the retroactive date. The
insurance coverage shall be maintained for the duration of this Agreement. An
annual certificate of insurance submitted to the City shall provide evidence of such
insurance coverage.
g. The deductible or self-insured retention (SIR) affecting required insurance coverage
shall be acceptable to and approved in writing by the Risk Manager of the City of
Fort Worth in regards to asset value and stockholders' equity. In lieu of traditional
insurance, alternative coverage maintained through insurance pools or risk retention
groups, must also approved by the Risk Manager of the City of Fort Worth.
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 limits when
deemed necessary and prudent by the City based upon changes in 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 written notice of
ninety(90)days.
i. The City shall be entitled, upon request and without expense, to receive copies of
policies and endorsements thereto and may make any reasonable requests for deletion
or revision or modifications of particular policy terms, conditions, limitations, or
exclusions except where policy provisions are established by law or regulations
binding upon either party or the underwriter on any such policies.
SECTION 8
CHARITABLE ORGANIZATION
8.01 HOA agrees that if it is a charitable organization, corporations, 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., § 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, HOA annually shall
submit proof of 501(c)(3) eligibility to the City.
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SECTION 9
INDEPENDENT CONTRACTOR
9.01 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 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 10
LICENSES AND PERMITS
10.1 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 health 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 11
LIENS
11.01 The 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 12
TERMINATION AND DEFAULT
12.01 Either party may terminate this Agreement without cause by the giving of thirty (30)
days notice in writing to the other party.
12.02 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, 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 Area 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 the HOA hereunder shall cease and terminate and HOA shall immediately vacate
the Area.
12.03 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.
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12.04 Upon termination, the parties shall be released from all obligations contained in this
Agreement except for the indemnification requirements found in Section 6 of this Agreement.
12.05 Termination notice shall be considered rendered when placed in the United States Postal
Service for delivery to the other party in accordance with Section 14.
SECTION 13
NON-DISCRIIVIINATION/DISABILITIES
13.01 HOA, in its construction, maintenance, occupancy, or use of said the Area shall not
discriminate against any person or persons because of race, age, gender, religion, color, national
origin, sexual orientation or disability.
SECTION 14
NOTICES
14.01 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 Homeowner's Association of Twin Mill
4200 South Freeway, Suite 2200 Farms, Inc.
Fort Worth, Texas 76115 9285 Huntington Square
With copy to: North Richland Hills, Texas 76180
Assistant City Attorney
1000 Throckmorton Street
Fort Worth, Texas 76102
14.02 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 15
VENUE AND JURISDICTION
15.01 This Agreement shall be governed by and construed in accordance with the laws of the
State of Texas. Venue for any action brought to interpret or enforce, or arising out of or incident
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to, the terms of this Agreement shall be in Tarrant County, Texas or the United States District
Court for the Northern District of Texas, Fort Worth Division.
SECTION 16
ASSIGNMENT OF DUTIES
16.01 Except as provided in Subsection 16.02, HOA may not subcontract or assign all or any
part of its rights, privileges or duties hereunder without the prior written consent of the Director,
Parks and Community Services Department. Any attempted subcontract or assignment without
such prior consent shall be void. Consent shall not be unreasonably withheld.
16.02 HOA is authorized to enter a contract with TAURUS OF TEXAS, GP,LLC, a property
management company, for the purposes of carrying out grounds maintenance on behalf of the
HOA. This authorization does not relieve the requirement of Section 16.01 for any other
Assignment of Duties.
16.03 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 17
WAIVER, SECTION HEADINGS,AND SEVERABILITY
17.01 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 City in connection with the rights and obligations
contained in the valid covenants, conditions, or provisions of this Agreement.
17.02. The waiver by the City of any default or breach of a term, 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.
17.03 The headings in this Agreement are inserted for reference only, and shall not define or
limit the provisions hereof.
SECTION 18
RIGHT TO AUDIT
18.01 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 transactions relating to this Agreement. HOA agrees that the
City shall have access during normal working hours to all necessary HOA facilities and shall be
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provided adequate and appropriate workspace in order to conduct audits in compliance with the
provisions of this section.
18.02 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 19
FORCE MAJEURE
19.01 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, or agency of the
United States or of any state; declaration of a state of disaster or emergency by the federal, state,
county, or City government in accordance with applicable law; any arrests and restraints; civil
disturbances; or explosions; or some other reason beyond the party's reasonable control
(collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event
will be suspended only during the continuance of such Event and any time period applicable to
performance of such obligations shall be extended for a period of time equal to the duration of
the Force Majeure Event.
SECTION 20
ENTIRE UNDERSTANDING
20.01 This Agreement including all Attachments, Schedules, and Exhibits attached hereto
constitutes the final, entire, and complete agreement between the 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 their respective successors and assigns.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
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Twin Mills HOA
EXECUTED on this the �th day of , 2010
CITY OF FORT WORTH HOMEOWNE SOCIATION OF
MIL ,INC.
I
Ch es W. Daniels Douglas Gil i
Assistant City Manager
App ved as t F Irm and Legality:
By:
AssistAnt City Atoney
No M&C Required
Attest:
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By: Y o wo o�a��
City Secretary 0 x�
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Page 11 of 11 ,,.. AsORTH Tx
Page 1 of 2
Woolsey, Mark
From: Jennifer Gould [jgould @tiholdings.com]
Sent: Wednesday, April 28, 2010 8:19 AM
To: Woolsey, Mark
Subject: FW: Twin Mills Maintenance Agreement
Mark,
As you will see below, Doug said to go ahead and make the adjustments to the contract. Any questions please let me know.
Can you please give me an approximate timeline for getting the back payment made to us please.
Thankyou
Jennifer Gould
Accounting/Bookkeeper
Taurus of Texas GP, LLC
Taurus-30 Years of Reliability, Trust, Results
9285 Huntington Square
North Richland Hills, TX 76182
Tel: 817-788-1000 ext. 110
Fax: 817-788-1670
jgould tiholdings com
The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential
and/or privileged material. Any dissemination or copying of this material, or taking of any action by anyone other than the
intended recipient, is strictly prohibited. If you received this in error, please contact the sender by reply email and delete it
from your system.
From: douglasg33 @aol.com [mailto:douglasg33 @ aol.com]
Sent: Tuesday, April 27, 2010 7:54 AM
To: Jennifer Gould; Kristie Campbell
Subject: Re: Twin Mills Maintenance Agreement
We probably don't have any choice. Do it.
Douglas H. Gilliland
President
Thirty Years of Trust, Reliability and Results
Taurus of Texas, GP LLC
9285 Huntington Square
North Richland Hills, TX 76182
817-788-1000 Office
817-999-4828 Mobile
817-788-1670 Fax
www.tiholdings.com
-----Original Message-----
From: Jennifer Gould <jgould @tiholdings.com>
To: DG Forward <DouglasG33 @aol.com>
Cc: Kristie Campbell <kcampbell @tiholdings.com>
Sent: Mon, Apr 26, 2010 4:15 pm
Subject: FW: Twin Mills Maintenance Agreement
I spoke with Mark regarding this issue. Mark explained that after we signed the contract and sent it back he was preparing
budgets and is being forced to make cut backs. We can either take the existing amount we are getting and forget about any
5/7/2010
Page 2 of 2
increase until it is reviewed again next year or they will stop paying all together and we lose $19K a year. We need to
respond to this email whether we agree or disagree. I think that some money is better than no money,what do you think?
Jennifer Gould
Accounting/Bookkeeper
Taurus of Texas GP, LLC
Taurus-30 Years of Reliability, Trust, Results
9285 Huntington Square
North Richland Hills, TX 76182
Tel: 817-788-1000 ext. 110
Fax: 817-788-1670
j ould tiholdin, s com
The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential
and/or privileged material. Any dissemination or copying of this material, or taking of any action by anyone other than the
intended recipient, is strictly prohibited. If you received this in error, please contact the sender by reply email and delete it
from your system.
From: Woolsey, Mark [mailto:Mark.Woolseyafortworthgov o g]
Sent: Monday, April 26, 2010 4:06 PM
To: Jennifer Gould
Subject: Twin Mills Maintenance Agreement
Jennifer,
As a follow up to our phone conversation today, the City of Fort Worth is evaluating its options with the maintenance
agreements for park maintenance. In light of the budget austerity the City is currently experiencing, we find
ourselves in the position where the proposed funding level afforded the Homeowner's Association of Twin Mills
Farms, Inc., be held at existing levels. We had calculated and anticipated an increase for maintenance services to the
Twin Mills Park at $24,193.00, however, that will now be held at $19,883.00/year.
Therefore, I am recommending a page change to the pending agreement on page 2, paragraph 2.04(c), that will strike
the amount of annual payment: "For the period October 1, 2009 through September 30, 2010: $24,193.00", and
replace it with "For the period October 1, 2009 through September 30, 2010: $19,883.00". Using this method will
keep all dates of payment clear and the agreement that Mr. Gilliland has signed can be used without further need to
rewrite and get his signature again. All other information in the agreement will remain unchanged.
Per the agreement, the HOA will be notified in writing the amount of approved funding following adoption of the
annual City Budget by the Fort Worth City Council. This will be the mechanism for informing the HOA of any
allowable increases, should the City's budget situation improve.
If you are in agreement with the recommendation outlined above, please respond to this email to provide
documentation of our actions. A copy of this email will be attached to the signed agreement.
I appreciate your consideration and understanding of this change. Should you have any questions, let me know.
Regards,
Mark Woolsey I District Superintendent
Fort Worth Parks&Community Services 14200 South Freeway,Suite 2200 1 Fort Worth,Texas 76115
www.fortworthgov.org/pacs/pacsd I Phone 817-392-5714 Fax 817-392-5724
THIS EMAIL AND RESPONSES MAY BE SUBJECT TO TEXAS OPEN RECORDS LAWS. PLEASE RESPOND ACCORDINGLY.
5/7/2010