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HomeMy WebLinkAboutContract 44116-R1 (2)CtrYSECRETAkYi cul41'RAGT NO. FIRST RENEWAL AND AMENDMENT OF CITY SECRETARY CONTRACT 44116 ADOPT -A -PARK AGREEMENT FOR MAINTENANCE AND LANDSCAPING SERVICES This FIRST RENEWAL AND AMENDMENT OF CITY SECRETARY CONTRACT NUMBER 44116 ("First Renewal and 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 Harvest Ridge Homeowner's Association, Inc. ("HOA"), a Texas non-profit corporation, acting by and through its duly authorized President. WHEREAS, the City and HOA entered into an Adopt -A -Park Agreement For Maintenance and Landscaping Services for Harvest Ridge Park, the same being Fort Worth City Secretary Contract No. 44116 (the "Contract"), pursuant to which HOA provides support of the Park, and WHEREAS, the Contract provides for an initial primary term of one year with two, one-year renewal options; WHEREAS, the primary term expired on September 30, 2013; WHEREAS, City and HOA wish to continue in their relationship by exercising the first renewal option; and WHEREAS, since entering into the Contract, the City has revised its liability and insurance requirements for the Adopt -A -Park program and the parties wish to incorporate those changes into the Contract. NOW THEREFORE, the City and HOA agree to renew and amend the Agreement as follows: I. RENEWAL 1. The City and HOA agree to renew and extend the Contract for a first renewal term of one (1) year, beginning on October 1, 2013 and ending on September 30, 2014 ("First Renewal Term"). 2. The funding provided by the City pursuant to Section 4.01(ii) of the Contract for the First Renewal Term shall be Nine Thousand Four Hundred Seven Dollars and No Cents ($9,407.00), which shall be allocated in accordance with the attached Exhibit C (incorporated herein by reference). 3. The funding provided by the City pursuant to Section 4.01(ii) of the Contract for the period October 1, 2014 through September 30, 2015 remains TO BE DETERMINED 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 Park as would ordinarily be conducted by the Parks and Community Services Department. II. • AMENDMENT 1. Section 8 of the Contract titled, "INDEMNIFICATION" is hereby amended in full to read as follows: First Renewal and Amendment of CSC 44116 RECEIVED Jay 1 4 2014 � OFFICIAL RECORD JCITY SECRETARY F7: WORTh, 1114' 1itpt SECTION 8 INDEMNIFICATION, LIABILITY, AND RELEASE 8.01 HOA AGREES TO AND DOES HEREBY DEFEND, INDEMMFY, 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 TERMS OR PROVISIONS OF THIS AGREEMENT OR (it) ANY ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF HOA, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITI) 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 INDEMMTY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OR WRONGFUL, WILLFUL ACTS OF THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS, AM) IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OR WRONGFUL, WILLFUL ACTS OF BOTH CNR 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. 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 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 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 Park, 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 Exhibit 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 Ai ea. First Renewal and Amendment of CSC 44116 2 of 7 follows: 8.04 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." 2. Section 9 of the Contract titled, "INSURANCE" is hereby amended in full to read as ` SECTION 9 INSURANCE 9.01 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. 1. Insurance coverage and hits. 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 First Renewal and Amendment of CSC 44116 3 of 7 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. d. A minimum of thirty (30) days' notice of cancellation or material change in coverage shall be provided to the City A ten (10) days notice shall be acceptable in the event of 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. 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. £ 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. i. The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the City approves such exclusions. First Renewal and Amendment of CSC 44116 4 of 7 l 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 written on an occurrence basis in order to be approved by the City. 1. HOAs that do not have employees or automobiles will not be required to obtain Auto Liability or Worker's Compensation insurance." III. MISCELLANEOUS 1. All other terms and provisions of the Contract between the City and the HOA shall remain in full force and effect except as specifically amended or set forth herein. 2. All terms in this First Renewal and Amendment that are capitalized but not defined shall have the meanings assigned to them in the Contract. IN WITNESS WHEREOF, theparties here Worth, Tarrant County, Texas, this Pit day of CITY OF FORT WORTH n By: ►r�L� ` usan Alanis Assistant City Manager APPROVED AS TO FORM AND LEGALITY: By: , Tyl eV�al l ach Assistant City Attorney ATTEST: By: Nam Title: Mary J., K. ser / v City S &cr' `• ry NO M&C REQUIRED First Renewal and Amendment of CSC 44116 ave executed this agreement in multiples in Fort A/ , 2014. a HARVEST RIDGE HOMEOWNER'S ASSOCIATION, INC. gy; � ff4ifitild'YDay.r Dean Holt President OFIICIAL RFS9RD CITY SECRETARY n'. WORTHS TX Harvest Ridge Park FY 2014 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 i Exhibit C First Renewal Term Funding FORT WORTH PVCL .&A. L* N*Llit' BIEVICEI Unit I Quantity I # Cycles I Cost/unit I Extension Acres Acres LF Ea Acres First Renewal and Amendment of CSC 44116 6.37 6.37 6.37 14 52 0 52 $ 25.00 $ 10.08 $ 500.00 $ 10.08 2,230 3,339 500 3,339 9,407E v 7of 2 Fort Worth '111r 1964.1993.201I CITY OF FORT WORTS[ ADOPT -A -PARK PROGRAM WAIVER, RELEASE, AND INDEMNIFICATION In consideration for the opportunity to engage in volunteer work during the City of Fort Worth Adopt -A -Park Program ("Program"), 1, 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 SITE, 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 (including, 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 't'JL NEGLIGENCE, GROSS NEGLIGENCE, INTENTIONAL ACT OR OTHER FAULT OF '!' +' 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 Date Home Address Contact (Guardian's Signature Information if Participant is <18) (email and phone) First Renewal and Amendment of CSC 44116