HomeMy WebLinkAboutContract 44275 CTrY SECRETARY
CONTMaNO.
CONTRACT FOR MAINTENANCE LANDSCAPING
PING
SERVICES IN GENERAL WORTH SQUARE
THIS CONTRACT F OR MAINTENANCE AND LANDSCAPING SERVICES
("Agreement"") is ade and entered into on the i J11- day of fh a �L"[L, , 201; ("Effective
re
Date"), by and between the City of Fort Worth, a home-rule municipal corporation of the State of
Texas, 'City" , acting by and trough its duly authorized Assistant City Manager, and the Do awntown
Fort Worth Initiatives, Inc., a Texas Corporation "Co tractor" , acting by and through its duly
authorized President.
RECITALS
WHEREAS, the City owns a parr located at 916 Main Street, Fort Forth, Texas 76102,
known as General Worth ,square,and operates and maintains the Park for public use and benefit;
WHEREAS, Contractor i
dedicated to enhancing the vibrancy and livability of the
downtown Fart Worth area by promoting a nd supporting amenities,including park facilities;
WHEREAS, Contractor has offered to assist the City by providing, furnishing, and/or
performing management, maintenance, and administration of atl of the maintenance, landscaping,
electrical, and mechanical facili6ps at .- eneral Worth S .uare- and
AS, the City and Contractor mutually desire to enter into a contract whereby the
Contractor will provide, furnish, and/or perform such services at General Werth Square as ;yet forth
herein,
NOW THEREFORE,
in consideration of the mutual promises contained herein, the City
and Contractor do hereby covenant and agree as follows:
SECTION I
DESCRIPTION OF THE PROPERTY
1.01 The City hereby engages the Contractor,, and the Contractor hereby agrees to provide,
furnish and/or perform the services set forth in Section 2 of this Agreement in the City park know
as General Worth Square Park ("Park"), located at 916 Main Street, in the City of Fort Worth) as
further described in Exhibit A, loch is attached hereto and incorporated herein by reference.
SECTION 2
CONTRACTOR'S DUTIES AND RESPONSIBILITIES
2.01 The overall scope and approach of the services to he provided, furn fished, and/or performed
by the Contractor are set forth in Exhibit B, which is, attached hereto and incorporated herein by
reference ('Services").
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TF
CITY SECRETARY
"a WORTH,TX
REC,oEIVED
2.0�2 The Contractor shall commence and provide the Services in accordance with thi.s, Agreement
and all applicable laws. In providing the Services, the Contractor shall take such steps as are
appropriate to ensure that the work involved is properly coordinated with any related work
performed by the City.
2.03 Plans for all work and planting materials, including future or phased improvements,, shall be
submitted to the City not less, than sixty (610) days prior to construction or *installation. No work
shall cornmence until approval has been granted by the City. Any work by the Contractor prior to
approval by the City may be ordered stopped at the discretion of the City and subject to removal
and replacement by the Contractor at its expense.
2.014 The Contractor represents that it has or wifl secure at its own expense all materials, supplies,
machinery, equipment, tools, superintendence, labor, personnel, insurance, and other accessories,
and services necessary to provide the Services in accordance with the requirements of the City.
SECTION 3
CITY'S, DUTIES AND RESPONSIBILITIES
3.01 The City shall provide the following services, 'in connection with the operation of the Park
and with the performance of this Agreement:
a. The City shall be responsible for the resen7ation of the Park and shall ensure that all
City policies and procedures are adhered to, including, but not hn-tited to, receipts for
damage deposits,. Any revenues received for events with estimated attendance of 5101
or more will be shared equally between the City and Contractor.
b. Provide funding to the Contractor in an amount equivalent to the funds, authorized
by the annual City budget adopted by the Fort Worth City Council for basic grounds
maintenance and landscaping in the Park as would ordinarily be conducted by the
Parks, and Community Services Department. Those arnounts shall be:
i. For the period of the Effective Date through September 30, 2013.,
$25)000.00
ii. For all, subsequent City fiscal year periods (October 1 through September 30):
To be detern-Lined
The Contractor 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 h-i quarterly payments made in arrears for services,
provided by or on behalf of Contractor 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
Contractor receive funds: if services are not provided. The Contractor shall provide
copies of invoices paid for ground maintenance service in the Park. Funding
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provided by the City is not intended to cover the entire cost of services provided by
I el
the t-,ontractor under this greement.
If' for any reason, at any time during any term of this Agreement, the Fort
Worth City Council, fails to appropriate funds sufficlient for the City to fulfill
its obligations under thi's Agreement, the City may terminate this Agreement
to be effective on the later of(1) thirty (30) days followig delivery by the City
H)
to the Contractor of written notice of the City's "intention to terminate or ("
the last date for which funding has been appropriated by the City Council for
the purposes set forth in this Agreement.
C. The City shall pay the utility costs, electricity, and water usage directly to the
appropriate utility company.
d. The City shall continue its bird relocation program at the Park, if applicable and as
required, and contingent on available resources.
e. Make inspectdons to determine compliance with this Agreement. In the event the
City observes non-comphance, the Contractor will be notified and shall be given a
period, not to exceed thirty (30) days from the date of no,tificati n by the City, of
time to correct the problem.,
f. The City may coordinate an annual meeting to review the Agreement's terms and
requirements.
31.02 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
Contractor', the Contractor shall be solely responsible for all repairs or replacements. In the event of
damage due to acts of the Contractor, the Contractor shall replace or repair the damage at no cost to
the City., The (.ity shall determine whether any damage has been done, the amount of the damage,
the reasonable costs of repairing the damage, and whether the Contractor is responsible. The City
shall, be the sole Judge of the damage to the Park, in which judgment shall be exercised reasonably.,
Any damage by the Contractor shall be repaired or replaced by the Contractor to the reasonable
,satisfaction of the City within thirty (30) days of receipt of written notification from the City.
SECTION 4
TERM OF AGREEMENT
4.011 This Agreement shall begin on the Effective Date and expire on September 30, 2016, unless
terminated earlier pursuant to the terms of this Agreement.
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SECTION 5
ALTERATIONS AND,ADDITIONS
5.01 Contractor 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 ("Director"). Contractor shall present to the Director plans and specifications for such
alterations,additions, and improvements at the time such approval is sought.
5.02 All alterations, adchtions, and improvements, to City proplerty made with the written consent
of the Director shall, upon completion and acceptance by the City, become the property of the City.
Contractor may be required to remove, at its expense, any alterations, additions,, or improvements
not meeting specifications as approved by the City.
SECTION 6
RIGHT OF ACCESS
6.01 City does, not relinqw'sh 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, Director, police and fire personnel, and other designated representatives, has the right at any time
to enter, any portion of the Park (without causing or constituting a termination of the use or an
interference of the use of the Park by the Contractor) for the purpose of inspecting and maintairung
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 Contractor
or assume liability for Contractor's activities.
6.02 The City reserves the right to modify or remove any improvements made by the Contractor
on City property in the Park as determined necessary by the Director should any of the following
occur:
a. The Contractor ceases to maintain the Park according to this Agreement.
b. The Park becomes a hazard to the general public.
c. The it determines, in its sole discretion, that another beneficial use for the Park 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 Park for the installation of
any public utilities or improvements.
SECTION 7'
INDEMNIFICATION
7.01 THE CONTRACTOR AGREES TO DEFEND
INDEMNIFY, AND HOLD THE
CITY
ITS REPRESENTATIVES,, OFFICERS
AGENTS AND EmpLoYEES
HARMLESS'FR'OM AND A GA1N' ST ANY AND ALL CLAIMS
LA WSUITS
ACTIONS
COSTS AND EAPENSES OF ANY K7ND
INCLUDING
B UT NOT LIMITED TO
THOSE FOR PR OPER TYD"A GE OR LOSS(INCL VDLNG ALLEGED D"A GE OR
L OSS TO 0 WNER-7S B USINESS AND AN Y.R ES'UL TING L 0S T PR OF ITS) ANDIOR
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PERSONAL INJURY I LL UDING, B UT NOT LIMITED TO, DEA TH, THA T MA Y
RELA TE TO, S OF OR BE OCCASI-ONED BY (j) CONTRACTOR'S
BREA CH OF THE TERMS OR PR 0 USIONS OF THIS A GREEMENT O
(V) C R OMISSION OF' THE CONTRACTOR,,, ITS OFFICER S, �TENTS,
ASSOCIATES
,, CONTRACTORS (OTHER THAN THE CIT19 OR
SUBCONTRACTORS IN THE PERFORMANCE OR NONPERFORMANCE F THIS
AGREEMENT
a. IF ANY ACTION OR PROCEEDING S HALL BE BROUGHT BY OR
AGAINST THE CITY IN CONNECTION WITH ANY SUCH LIABILITY
OR CLAIM, CONTRACTOR, CAN NOTICE E FROM CITY,, SIB
DEFEND SUCH ACTION OR PROCEEDING, AT CC. CTOW S
EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY
SATISFACTORY TO CITY.
b. IT' IS AGREED WITH RESPECT TO ANY LEGAL LIMITATIONS NO
R HEREAFTER IN EFFECT'CT'' I AFFECTING THE VALIDITY C
ENFORCEABILITY I"TY OF" THE INDEMNIFICATION A.TIC BLI ATIO
UNDER THIS SECTION ' , SUCH LEGAL LIMITATIONS ARE MADE A
PART OF THE INDEMNIFICATION OBLIGATION SHALL
OPERATE, TO AMEND THE INDEMNIFICATION ATION OBLIGATIO TO
THE MINIMUM EXTENT NECESSARY TO RILING THE PROVISION
INTO CONFORMITY I WITH THE REQUIREMENTS OF SUCH
LIMITATIONS, AND AS SCE MODIFIED, THE INDEMNIFICATION
OBLIGATION SHALL CONTINUE IN FULL FORCE E D EFFECT.
7.02 Contractor covenants and agrees that City shall In no way nor under any circumstances be
responsible Bible for any property belonging to Contractor, its members, employees, agents,
contractors, subcontractors, in ltees, licensees,, or trespassers, which may be stolen, destroyed,
in any way damaged, AND CONTRACTOR HEREBY BY INI EMNIFI S 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 1 ss or damage sustained by
, , , contractors,, sub contract r� invitees, or
�c�r�traet�r, its rraerr�ber employees,ee agents,, � eet �ee��
trespassers on any of the Park.
7.013 It 's further agreed that the acceptance of this Release shall not constitute a waiver by the
City of Fort Worth of any defense of governme ntal immunity, where applicable, or any other
defense recognized by the Statutes and Curt decision of this State.
SECTION
INSURANCE
8.01 The Contractor shall not commence work under this .Agreement until it has obtained all the
insurance required under the Agreement and the City has approved such insurance. Contractor shall
be responsible for delivering to the City the Coin traetor"s certificate of insurance for approval.,
Contractor shall indicate on to certificate of insurance whether or, not its insurance covers
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contractors or subcontractors,. The insurance coverage required, herein shall include the coverage of
all subcontractors, or such subcontractors shall provide to Contractor documentation of insurance
reasonably equivalent to that required of the Contractor, according to the liability exposures related
to the subcontractors services and/or materials.
. Commercial General 1,iability Insu C
rance.- The contractor shall procure and maintain during
the initial term oft Agreement and any extension period, a, commercial general
liability insurance policy in the amount not less than $1,0001,0010.00 covering each
occurrence.
b. Worker's Compensation Insurance- If the Contractor 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: Pie Contractor 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 $50000.00 for each
accident. Tlis policy shall cover any auto,:)m' obile used within the scope of this
Agreement,
8.02 The insurance specified in 8.01. hereof shall comply with the fol-lowing 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
0th the exception of Workers' Compensation insurance policies.
b. Thirty (30) day notice of cancellation or non-renewal.,
c. Wavier of rights of recovery (subrogation) in favor of the City of Fort Worth.
d. The insurers for all pohcies must be licensed/approved to do business in the State of
Texas. Ah insurers must have a minimum rating of A: 'Vll in the current A. M. Best Key
Rating Gwide 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 Fish Management is required.
e. If insurance policies are not written for specified coverage hrmits, an Umbrella or Excess
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Liability insurance for any differences is required. Excess Liabibty 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 cl,aims-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
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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 lirruits 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 9
CHARITABLE ORGANIZATION
9.011 Contractor agrees, that if it is a charitable organization, corporatioils, entity or individual
enterprise having, claiming or entitled to any immunity, exemption on ( 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 Contractor hereby expressly waives its right to assert or plead defensively any such
immunity or limitation of liability as against City. If applicable, Contractor annually shall submit
proof of 501(c)(3) eligibility to the City.
SECTION 10
INDEPENDENT CONTRACTOR
10.01 Contractor shall perform all work and services hereunder as an independent contractor, and
not as an officer, agent, servant or employee of the City. Contractor 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 subcoinsultants (or subcontractors). Notl-dng herein shall be construed as creating a
partnership or joint venture between the City and Contractor, its officers,, agents, employees and
subconsultants, (or subcontractors), and doctrine of respondent superior has no application as between
the City and Contractor.
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SECTION 11
LICENSES AND PERMITS
11.01 Contractor shall comply with all, federal,, state, and local laws, rules, and regulations, as well
as with all regulations, restrictions, and reqwrements of the police, fire, and health departments now
or hereafter in, effect which are applicable to its operations. Contractor shall obtain and keep in
effect at its own cost and expense all licenses, and permits, and pay all taxes incurred or re aired in
connection with this Agreement and its operations hereunder.
SECTION 12
LIENS
12.011 The Contractor agrees not to take any action that would result in the creation of any hen on
City property. In the event that alien is filed, as a result of any action of the Contractor, the
Contractor will take all necessary steps to bond around or remove the hen within ten (10) days of its
filing.
SECTION 13
TERMINATION AND DEFAULT
13.01 Either party may terminate t: 's Agreement without cause by the giving of thirty (30) days
notice in writing to the other party.
1102 In the event Contractor 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 Park save and except such personal property and equipment as may
be owned by Contractor. In the event of such cancellation of tl-iis, Agreement by the City, all rights
and privileges, of the Contractor hereunder shall, cease and terminate and Contractor shall
immediately vacate the Park.
13.03 Contractor shall be notified by phone call and written correspondence of the Contractor's
failure to comply with any of the terms and conditions of this Agreement. Contractor shall have
thirty (301) calendar days from the date of written correspondence to correct deficiencies.
13.04 Upon termination,, the parties shall be released fton-i all obligations contained in this
Agreement except for the indemnlification req,uirements found in Section 7 of this Agreement.
13.05 Termination notice shall be considered rendered when placed in the United States Postal
Service for delivery to the other party in accordance with Section 161.
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' d
^^J^^yy S CTI 4
NON-DISCIMINATION/DISABILIT'IES
14.01 Contractor, ire
its construct-ion,
discriminate against any person or persons because of race, age, gender, religion, color, national
origin, sexual orientation or disability or any other legally prohibited criteria.
14"02 This Agreement is jade and entered into with reference specifically to Chapter 17, Article
III, Division, 3, of the City Code of the City of Fort Worth ("Discrimination in. Employment
Practices"'), and Contractor hereby covenants and agrees that contractor, its officers, agents,
employees', and subcontractors have fully complied with all provisions of same and that no
employee or employee-applicant has been discriminated against by either Contractor, its officers,
agents', employees, or 'subcontractors.
SECTION 15
M/SBE POLICY
15.01 The City has adopted goals for the artici minority owned business
at.�cn small and..
enterprises in City contracts through Ordnance No. 20020-12-2011. Compliance by the Contractor
with the policies designed to meet these goals is mandatory.; failure by the Contractor to comply with
such policies shall constitute a breach of the contract and shall be grounds for termination by the
City. Any subcontracts to be performed hereunder shall also be Subject, to previsions of the C.t is
policies concerning goals for the participation of minority and women owned b usiness enterprises in
City contracts.
SECTION 6
NOTICES
16.01 All notices required or permitted under this' Agreement shall be conclusively determined to
have been delivered when i hand-delivered to the other party, or its authorized agent, employee,
servant, or representative, or i1 received by the other party or its authorized agent, employee,
servant, or representative by reliable overnight courier or United States Mail, postage prepaid, return.
:receipt requested, at the address stated below or to such other address as one party may from time
to time notify the other in writing.
To THE CITY: To CONTRACTOR:
Director Downtown wn Fort Werth Initiatives, Inc.
Parks and Community Services Attn: Andrew Taft
City of:fort Worth 777 Taylor r Street, Ste. 10
4200 South .freeway, Ste 2200 Fort Worth,Texas 76102
Fort Worth,Texas 76115
With a copy to-,
Department of Law
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City of Fort Worth
Attn: City Attorney
1000 Throckn-iorton
Fort Worth,Texas 76102
SECTION 17'
CITY NOT LIABLE FOR DELAYS
17.01 It is, expressly agreed that in no event shafl the City be liable or responsible to the Contractor
or any other person. for or on account of any. stoppage or delay in the work herein provided for by
injunction or other legal or equitable proceedings,, or from or by or on account of any delay for any
cause over which the City has no control.
SECTION 18,
VENUE AND JURISDICTION
18.01 This Agreement shafl 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 to, the
terms, of t s Agreement shall be in Tarrant County, Texas, or the United States District Court for
the Northern,District of Texas,Fort Worth Division.
SECTION 19
ASSIGNMENT AND, NO THIRD-PARTY BENEFICIARIES
19.01 Neither party hereto shall assign, sublet or transfer its interest herein, without prior written
consent of the other party, and any attempted assignment, sublease or transfer of all or any part
hereof without such prior written consent shall be vold. This Agreement shall be binding upon and
sha,U inure to the benefit of City and Contractor and its respective successors and permitted assigns.
19.02 The provisions and conditions of this Agreement are solely for the benefit of City, and
Contractor, and any lawful successor or assign, and are not intended to, create any rights, contractual
or otherwise, to any other person or entity.
SECTION 20
WAIVER, SECTION HEADINGS,AND SEVERABILITY,AMENDMENT
20.01, 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 invandity of any such covenant, condition,i or provision does not
materially prejudice either Contractor or City in connection wit.. the rights and obligations contained
in the valid covenants, conditions., or provisions of th is 'Agreement.,
20.02. The waiver by the City of any default or breach of a term, covenant, or conchtion of t s
Agreement shall not be deemed to, be a waiver, of any other breach of that term, covenant or
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condition or any other term, covenant, or condition of this Agreement, regardless, of when the
breach occurred.
20.03 The headings in this Agreement are inserted for reference only, and shall not define or limit
the provisions hereof
20.04 No amendment, modificafion, or alteration of the terms of this Agreement shall be binding
un,less, the same is in writing, dated subsequent to, the date hereof, and duly executed by the Parties
hereto.
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 Gold; 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 (colleadvely, "Force Majeure Event"'), the
obligations so affected by such Force Ma cure 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 22
ENTIRE UNDERSTANDING
22.01 This Agreement constitutes the final, entire, and complete agreement between the
Contractor 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.
2,2.02 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.
SECTION 23
CHARACTER OF WORKERS AND WORK
23.01 The Contractor and the Contractor's employees, including subcontractors, shaH be
competent and careful workers skdlled in their respective trades. The Contractor shall not employ
nor contract with any person who repeatedly engages in misconduct or is incompetent or negfigent
in the due and proper performance of his/her duties. The City shall retain the right to require the
Contractor to remove any employee who is guilty, of misconduct toward the public or is in any way
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discourteous to the public. TI-Lis work is being performed for the public benefit and it is necessary
that it be performed in acceptable manner and at a satisfactory rate of progress,, as deters fined by the
City.
SECTION 24
EQUIPMENT
24.01 The Contractor shall at all times maintain its equipment in a clean, serviceable condition. All
equipment shall be properly licensed, inspected, and clearly marked with the Contractor's name.
The continued use of unserviceable and improper equipment shall be considered a breach of
contract.
SECTION 25
INFORMATION
25.01 The Contractor, shall, at such time and in such, form as the City may require, furnish periodic
information concerning the status of the project and such other statements, certificates and
�approvals relative to the project as may be requested by the City.
SECTION 26
AUDIT
26.01 Contractor shall maintain complete and accurate records with respect to costs incurred
under the Contract. All such records shall be maintained on a generally accepted accounting basis
and shall be clearly identified and reachly,accessible.
26.02 Contractor agrees that the City shall,, until the expiration of three (3) years after final
payment under tl ,i.s Agreement, have access to and the right to examine any books, documents,
papers, and records of the Contractor involving transactions relating to this Agreement. Contractor
agrees that the City shall have access during normal working hours, to all necessary Contractor
facilities and shall be provided adequate and appropriate workspace in order to conduct audits in
compliance with the provisions of this section.
26.03 Contractor 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 (ij) access during normal working hours, to all subcontractor facil.ities, and shall be
provided adequate and appropriate workspace in order to conduct audits in compliance with the
provisions of this section.
SECTION 27
AUTHORIZATION, REVIEW OF COUNSEL, SIGNATURE AUTHORITY
27.01 The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and
revised Luis Agreement and that the normal rule of construction to the effect that any ambiguities
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are to be resolved against the drafting party must not be employed in the interpretation of this
Agreement or any amendments or exhibits hereto,
27.02 The person signing this Agreement hereby warrants that he or she has the legal authority to
execute dais Agreement on behalf of his or her respective Party, and that such binding authority has
been granted by proper order, resolution, ordinance or other authorization of the entity. The other
Party is fully entitled to rely on this warranty and representation in entering into this Agreement.
SECTION 28
PUBLIC INFORMATION
28.01 Contractor understands and acknowledges that City is a public entity under the laws of the
State of Texas and, as such, all documents, held by City are subject to disclosure under Chapter 552
of the Texas Government Code. Contractor shall clearly indicate to City what information it deems
proprietary. 'If City is reqLdred to disclose any documents that may reveal any of Contractor's
Proprietary Information to third parties under the Texas Government Code, or by any other legal
process, law, rule, or judicial order by a court of competent j City will notify Contractor
prior to disclosure of such documents, and give Contractor the opporturuity to submit reasons for
objections to disclosure. City agrees to restrict access to Contractor's information to those persons
within its organization who have a need to know for purposes of management of this Agreement.
City agrees to inform its employees of the obligations under this paragraph and to enforce rules and
procedures that will prevent any unauthorized disclosure or transfer of information. City will use its
best efforts to secure and protect Contractor's information in the same manner and to the same
degree it protects its own proprietary infer nformation; however, City does not guarantee that any
information deemed proprietary by Contractor will be protected from public disclosure if release is
required by law. The foregoing obfi, ation. regarchng confidentiality shall remain in effect for a period
of three (3) years after the expiration of this Agreement.
SECTION 29,
COUNTERPARTS
29.01 This Agreement may be executed in several counterparts, each of which will be deemed an
original, but all of which together will constitute one and the same instrument., A signature received
via facsimile or electronically via email shall be as legally binding for all purposes as an original
signature.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Maintenance:and Landscaping Agreement Between
City of Fort Worth and Downtown Fort Worth Initiative,Inc. 13 of 19
IN WITNESS HEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT ON
THE EFFECTIVE DATE.
CITY OF FORT WORTH DOWNTOWN FORT WORTH
INITIATIVES, INC.
By: By:
san Alands hdrew Taft
Ll....---" re
ssistant City Manager P President
APPROVED AS TO FORMA,AND LEGALITY:
7,
T)4 . Wallach
X sistant City Attorney -\6-N
AWN&
ATTEST:
By: . /
AT Mary Kam/ )000
City Secretary
Authofizattion:
M&C: C-26006
Date: December 11, 2012
Maintenance and Landscaping Agreement Between OFFICIAL R,EC,OIRD 4 of 19
City of Fort Worth and Downtown Fort Worth Initiative,Inc. CITY811CRETARY
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Exhibit B
Contractor's Scope of Services
A. Park Management Program
a. DFWU will enter into a separate agreement with the City of'Fort Worth to maintain
he JFK T Fo
ribute in Worth, its water feature, hard cape elements, exIllibits and
landscaping.
A
b. For the remainder of General Worth Square, the Contractor shall provide the
ft-fflowirig administrative and management services for maintenance and operation of
the Park:
i. Staff and administrative services that are necessary to supervise the daily
maintenance services necessary to keep the Park in a clean, operational, trash
free condition with h,ealthy turf, trees and shrubs-,
Ii. Management, financial and program monitoring systems for operation of the
Park;
iii. Required reports to the City concerning maintenance and operation of the
"'ark;.
iv. Staff for administration and management of the Park;
v. Recruitment, hiring, paying and supervising the work force, which the
Contractor will utilize to furnish all set-vices in the lark-
vi., Office space for the Contractor's administrative and management personnel;
Recommendations of actions and gL,6delines that the City of Fort Worth
could take to regulate activities in the Park to maximize the contribution of
activities and events in the Park-,
viii. Staff to participate in private or public meetings concerning operations and
services in the Park;
ix. Liaison between the City, adjacent property owners, park users, interested
persons and groups to ensure successful operation and maintenance of the
Park,;
X. Adn-tinistration and supervision services in the Park that are provided directly
by the Contractor;
Maintenance and Landscaping Agreement Between
City of Fort Worth and Downtown Fort Worth Initiative,Inc, 16 of 19
xi., Contracts, with subcontractors to provide landscaping, turf maintenance, tree
and shrub l maintenance, mechanical, plumbing and electrical maintenance
and other services which the Contractor elects to provide through
subcontracting;
xi.. Supervision and monitoring the performance of subcontractors who are
employed by the Contractor*,
xw. Assistance 'to the City's Parks and Community Services Department
concerning use of the Park;
xiv. Assistance to the City in briefing interested parties concerning proposed
activities and prollects that would enhance the beauty and use of the Park,
xv. nformation/Compliant Center for all matters relating to operation and
maintenance of the Park and advising the City in a timely manner of any
problems with City-owned equipment or facilities in the Park.
B. Maintenance and Landscaping Program
a. The Contractor shall provide the following maintenance services in the Park either
directly or through a subcontractor:
i. Keep the Park in a clean condition by
1. Maintaining the walk ways, benches and planters clear of debris-,
2. Emptying the trash cans daily (five day's a week);
3, Maintaining the landscape beds and turf areas clear of debris,
including, but not limited to, leaves, limbs, cigarette butts, paper, etc.,*
4. Regularly washing off the walk ways of bird waste, spilled drinks and
food;
5. Removing graffiti to the blest of their ability within 24 hours of
notification (within normal work weep).
ii. Keep the turf, plantings,, trees, and shrubs in a healthy green appearance by:
1. Watering
2. Fertjhzing
3. Inspection
Maintenance and Landscaping Agreement Between
City of Fort Worth and Downtown Fort Worth Initiative,Inc. 17 of 19
4. Pruning
5. Treatment of wounds
6. Disease control
7. Insect control
8. Any other actions necessary to keep alJ plant fife in a healthy
appearance, in hut limited to�:
a. Re-seeding or seeding the turf
b. Adding additional ground cover as budget allows
iii. Keep the original (east) fountain in a clean well maintained appearance by:
1. Cleaning the fountain daily (5 days a week) or as necessary to keep it
trash free
2. Maintain the correct level of chemicals to ensure that the water in the
fountain is clean and free of algae and other grc rth or discoloration
iv. Keep the pump room well,maintained, clean and operational through:
1. Frequent and periodic preventative maintenance of the pumps
2. Clean out the reservoir once or twice a year, depending upon need
3. Maintain the proper amount of'chemicals for the chlorination of the
fountain
4. Frequent and periodic moruitoring of the electrical system by a
licensed electrician to ensure proper operation of all electrical, systems
v. In case of equipment or structural failure of the pump or fountain, inform
the Parks, and Community Services Department of the nature of sai allure.
The City shall determine what course of action to take in order to repair
and/or replace said failure or damaged equipment at the City's cost
contingent upon availability and appropriation of City funds.
C. Miscelianeous
a. Be responsive to the request for service in the Park by the City's Parks and
Community Services Department.
Maintenance and Landscaping Agreement Between
City of Fort Worth and Downtown Fort Worth Initiative,Inc. 1 8 of 19
b. Maintain comrnun�cations with the Park's and Communit-y Services Department
reservation staff to ensure that the Park is always in its best appearance for scheduled
activities. It should be noted that the City staff has the obligation to keep Contractor
staff informed of scheduled activides in the, Park within a reasonable time prior to
the event. Scheduled activities in the Park shall not be allowed to postpone or
compromise emergency repairs in the Park, when postponing those repairs would
have a serious impact on Park equipment of the safety of Park users., The City, in its
own discretion, shall decide when repairs rise to the level of "serious impact" on
Park equipment.
c. Contractor agrees to work with the City to ensure the Park is a safe place and
maintained for the citizens of Fort Worth.
Maintenance and Landscaping Agreement Bet w,een 19 of 19
City of Fort Wortli and Doom own,For Worth initiative,Inc.
MI&C Review Page I of 2
ry
K
Official site of the City of Fort Worth,Texas
AM% AM F T WO RTH
LITY U I L AUGN&ENDIA
COUNCIL ACTION.: Approved on 12/1112012
DATE: 12/111/2012 REFERENCE **C-26006 LOG NAME: 80GWSMAI NTAG REEM ENT
NO.:
CODE-* C TYPE,: CONSENT PUBLIC NO
HEARING..
SUBJECT: Authorize Execution of an Adopt- ►-Park Agreement with Downtown Fort Worth Initiatives,
Inc., in the Amount of$,25,000.010 for the Maintenance and Landscaping of General Worth
Square Park (COUNCIL DISTRICT 9)
RECOMMENDATION.-
It is recommended that the City Council:
1. Authorize the execution of an Agreement with Downtown Fort Worth Initiatives, Inc.,, for the
maintenance of General Worth Square Part ; and
2. Authorize the Parks and Community Services Department to reimburse Downtown Fort Worth
Initiatives, Inc., the amount of$25,000.010 for base level maintenance cost at General Worth Square
Park.
DISCUSSION:
On August 2,5, 20091 (City Secretary Contract No. 45245) the City and Downtown Fort Worth
Initiatives, Inc. (DFW1II „ entered into an Agreement for renovations at General Worth Square Park
(Park), which included the refurbishment of the park infrastructure (for which the City contributed'
$250,000.010 in gas well royalty revenues), and the design and installation of a tribute to honor former
President John F. Kennedy valued at $1,215,000.00. As a condition of the authorization, to construct
the JFK Tribute, DFWII will maintain the Tribute and the maintenance and upkeep of this landmark
will be underwritten by a maintenance fend' that was els,ta�bllished as part of the project#
DFWII has approached the City with a proposal to assume the remaining overall maintenance and
landscaping of the Park, and Staff is in favor of this course of action. Under the proposed Agreement,
DFWII will provide administrative and management services for maintenance and operation of'the
Park for a term of four years,, The City will provide annual funding to DFWII in an amount equivalent,
to the funds authorized by the annual City budget,adopted by the Fort Worth City Council for basic
grounds maintenance and landscaping as would ordinarily be conducted by the Parks and
Community Services Department. The funding for the base level of service for the first year of the
Agreement would be in the amount of$251,000.00 and all subsequent years would be based upon the
funds authorized by the annual City budget. DFWII will pay the incremental increased cost for
11premiurn" services, i.e., flowering plants and display fountain maintenance and operation. The City
will pay the utility costs, electricity, and water usage directly to the appropriate utility company for the
entirety of the Agreement. This funding arrangement is consistent with other similar service
Agreements,
Staff and DFWI I have agreed on the scope of services to be provided for the ongoing maintenance of
Park. Some addl�i'tional terms of the Agreement include the folllowing: (1) standard indemnification and
insurance coverage, (2) the City's role in reviewing all proposed improvements for the Park, and (3) a
fiscali, fundi'ng, out cllause.
On September 26, 2012, the Parks and Community Services Advisory Board endorsed Staffs
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M&C Review Page 2 oft
ak
recommendation to the City Council to enter into the Agreement with, DFWI1.
General Worth Square Park is located in COUNCIL DISTRICT 9 and is classified as a Special Use
City-wide Facility.
FISCAL INFORMATIONMERTIFICATION'.
The Financial Management Services Director certifies that funds are available in the current ope�rating
General Fund.
TO Fund/Account/'Centers FROM Fund ,ccount/Centers
3) GG01 53 2 07041. $25,000,00
Subm'l'fted for C'Ity MaMMer's Office Susan la is, (8 0)
Originating D admen t Head': Richard Zavala (5704)
Addifilonal Informat'lon Contact-L Sandra Youngblood (5755)
A17ACHMIENTS
8OGWSMAINTAGREEMEN
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