HomeMy WebLinkAboutContract 40223-R3Chee WCRETAr\,ike
OFFICIAL RECORD C{t e r .3, j T
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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
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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
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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
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1, 2014 through September 30, 2015 shall be SEVENTEEN THOUSAND TWO HUNDRED
T.
:Third Renewal and Second `Amendment of CSC 40223
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Page 1 of 8
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.. ;$4.;
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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
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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
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ATTEST:
Anafre
Mary 7� , • . fi 7
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.City Sectetary
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NO M&C REQUIRED
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Third Renewal and Second Amendment of CSC 40223
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HOMEWONER'S ASSOCIATION OF
TWIN MILL F ; S, INC.
By:
Doug, . s
Directo
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OFF1CIAL RECORD
CITY SECRETARY
F7: WORTH, TX
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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
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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