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HomeMy WebLinkAboutContract 28397 CONTRACT FOR MAINTENANCE AND LANDSCAPING SERVICES IN BURNETT PARK 01TYSECRETARY CON-F RAC T W) FOR FISCAL YEAR 2002-2003 STATE OF TEXAS § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF TARRANT § THIS AGREEMENT is made and entered into this 12th day of November, 2002, by and between the City of Fort Worth, a home rule municipal corporation situated in Denton, and Wise Counties, Texas (hereinafter referred to as "City") acting by and through its duly authorized Assistant City Manager, and the Downtown Fort Worth Initiatives, Inc., a Texas Corporation, (hereinafter referred to as the "Contractor"), acting by and through Kenneth R. Devero, its duly authorized Chief Executive Officer. WHEREAS, on November 12, 2002, the City Council of the City of Fort Worth, Texas, adopted a Resolution which authorized the City Manager to enter into a Contract with Downtown Fort Worth Initiatives, Inc. to manage, maintain and administer all of the maintenance, landscaping, electrical, and mechanical facilities in Burnett Park; and WHEREAS, the services provided by Downtown Fort Worth Initiatives, Inc. in Burnett Park constitute the total of all of the services necessary and sufficient to keep the park in an aesthetic pleasing and safe condition to include water features and year-round flower plantings; and WHEREAS, Downtown Fort Worth Initiatives, Inc., has offered to assist the City by providing, furnishing or performing the aforesaid services; and Z:1 WHEREAS, the City and Downtown Fort Worth Initiatives, Inc., mutually desire to enter into a contract whereby Downtown Fort Worth Initiatives, Inc., will provide, furnish or perform such services as further detailed herein; NOW THEREFORE, for and in consideration of the mutual covenants, promises and agreements contained herein, the City of Fort Worth and Downtown Fort Worth Initiatives, Inc., do hereby covenant, and agree as follows: 1. Engagement of Contractor The City hereby engages the Contractor, and the Contractor hereby agrees, to provide, furnish or perform the services to be provided in the City Park known as Burnett Park (hereinafter called the "Park"), located at 700 West Seventh Street, in the City of Fort Worth, as further described in this contract and all attachments hereto. The initial term of this lease Alaleement shall begin on the 12'h day of November, 2002, and end on the 30th day of September 2004, with two five (5) year renewal options, t 1� q To a_!t-ed it by the Contractor in writing 60 days prior to the end of the initial period and the first 5 year renewal option. 11. Scope of Services by Contactor The overall scope and approach of the services to be provided, furnished or performed by the Contractor are set forth in Attachment B, attached and incorporated into this Agreement. The Contractor shall commence, carry on and provide such services and repairs in a sound, economical and efficient manner, in accordance with this contract and its attachments and all applicable laws. In providing such services and repairs, the Contractor shall take such steps as are appropriate to insure that the work involved is properly coordinated with related work being performed by the City. The Contractor 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 such services and repairs in accordance with the requirements of the City. The contractor's personnel shall not be employees or considered under any contractual relationship with the City. Unless otherwise specifically provided herein, the Contractor or its subcontractors will perform all of the services and repairs required hereunder, and all personnel engaged by the Contractor shall be fully qualified to perform such services or repairs. 111. The City's Duties and Responsibilities A. The City shall provide the following services in connection with the operation of the Park and with the performance of this contract: B. The City shall be responsible for the reservation of the Park and shall ensure that all City policies and procedures are adhered to including receipt of damage deposit. Any revenues received for events with estimated attendance of 501 or more will be shared equally between the City and Downtown Fort Worth, Inc. C. The City shall pay to Downtown Fort Worth Initiatives, Inc. the amount of $34,950.00, which is equal to the amount that the Parks and Community Services Department would spend to provide landscaping, maintenance and other services in Burnett Park and other City of Fort Worth Central Business District parks, Payment of the annual lease amount shall be made to DFWI on or before the I't day of April each year of this agreement. The foregoing payment will also be increased by the applicable CPI adjustment for the respective fiscal years, except for FY 02-03 when the CPI adjustment has already been included in the base contract amount. The to '-C.P.1." as referenced throughout this Agrees ent shall mean the annual average Consumer Price Index issued by the Bureau of Labor Statistics covering All Urban Consumers for the Dallas/Fort Worth, Texas Region (or if this index ceases to be published, then a comparable index). D. The City shall pay the utility costs, electricity and water usage, directly to the appropriate utility company. The annual estimated expenditures are $18,000. E. The City shall continue its bird relocation program at the park as required and contingent on resources available. F. The City shall conduct inspections at a minimum on a quarterly to ensure compliance with this contract. These will be conducted jointly with the Contractor. Additional, unscheduled inspections can occur at the City's discretion. Notification shall be made to the Contractor in a timely manner of any deficiencies noted. G. The City shall coordinate an annual meeting for review of the contract terms and requirements. H. City and Contractor agree to enforce regulations and city ordinances 4:1 IV. "Man with a Briefcase" On January 25, 2002, The Burnett Foundation executed a Memorandum of Understanding with the City of Fort Worth to assume full responsibility for the maintenance and care of the "Man with a Briefcase" sculpture, which is owned by the Foundation and located in Burnett Park. The City and Contractor acknowledge and agree that neither the Scope of Services of the Contractor or the Duties and Responsibilities of the City outlined in this Agreement include the maintenance or care of the "Man with a Briefcase" sculpture. V. Discrimination by Contractor A. The Contractor, in the execution, performance or attempted performance of this contract, will not discriminate against any person or persons because of sex, sexual orientation, race, religion, color or national origin, nor will the Contractor permit its officers, agents, employees or subcontractors to engage in such discrimination. B. This contract is made and entered into with reference specifically to the ordinances codified at Chapter 17, Article 111, Division 3{"Employment Practices"), of the City Code of the City of Fort Worth, and the Contractor hereby covenants and agrees that the Contractor, its officers, agents, employees, and subcontractors, have fully complied with all provisions of same and that no employee or applicant for em- ployment has been discriminated under the terms of such ordinances by either the Contractor, its officers, agents, employees or subcontractors. VI. MBE/WBE Policy The City has adopted goals for the participation of minority and women owned business enterprises in City contracts through Ordinance No. 11923. 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 this contract and shall be grounds for termination by the City. Any subcontracts to be performed hereunder shall also be subject to provisions of the City's policies concerning goals for the participation of minority and women owned business enterprises in City contracts. VII. City Not Liable for Delays It is expressly agreed that in no event shall 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. VIII. Indemnification The Contractor covenants and agrees to, and does hereby, indemnify, hold harmless and defend, at its own expense, City, its officers, servants and employees, from and against any and all claims or suits for property loss or damages and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the work and services and performance of this Agreement to be performed hereunder by Contractor, its officers, agents, employees or subcontractors, Contractors or invitees, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE OFFICERS, SERVANTS, EMPLOYEES, OF THE CITY. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless City from and against any and all injuries, damage, loss or destruction to property of City during the performance of any of the terms and conditions of this Contract, WHETHER ARISING OUT OF IN WHOLE OR IN PART, ANY AND ALL ALLEGED ACTS OR OMISSIONS OF OFFICERS, OR EMPLOYEES, OF CITY. If more than one Contractor is named under this Agreement, the obligation of all such Contractors shall be, and is joint and several. Such indemnification shall include Worker's Compensation claims of or by anyone whomsoever in any way resulting from or arising out of the Contractor's work, services and operations in connection herewith, including operations of subcontractors, if any, and the acts or omissions of employees or agents of the Contractor. Insurance coverage specified herein constitutes the minimum requirements and said requirement shall in no way lessen or limit the liability of the Contractor under the terms of this Contract. The Contractor shall procure and maintain, at its own cost and 4 expense, any additional kinds and amounts of insurance that, in its own judgment, may be necessary for proper protection in the prosecution of its work. IX. Independent Contractor It is expressly understood and agreed that the Contractor shall perform all work and services described herein as an independent contractor and not as an officer, agent, servant or employee of the City; that Contractor shall have exclusive control of and the exclusive right to control the details of the services and work performed hereunder, and all persons performing the same; and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractor; that the doctrine of respondeat superior shall not apply as between City and Contractor, its officers, agents, employees, contractors and subcontractors; and that nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. No person performing any of the work and services described hereunder shall be considered an officer, agent, servant or employee of the City. X. Insurance The Contractor shall not commence work under this contract until it has obtained all the insurance required under the contract and the City has approved such insurance. Contractor shall be responsible for delivering to the City the Contractor's certificate of insurance for approval. Contractor shall indicate on the certificate of insurance whether or not its insurance covers 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. A. Worker's Compensation Insurance: The Contractor shall maintain, during the life of this contract and any extension period, statutory Workers Compensation Insurance on all of its employees engaged in work under this contract and for all subcontractors unless such subcontractors maintain their own Workers' Compensation Insurance. B. Commercial General Liability Insurance: The Contractor shall procure and maintain during the life of this contract and any extension period, a commercial general liability insurance policy in the amount not less than $1,000,000.00 covering each occurrence with an aggregate limit of S2,000,000.00. Such policy shall be endorsed to name the City as an additional insured. C. Automobile Insurance: The Contractor shall procure and maintain, during the life of this contract and any extensive period, a comprehensive bodily injury and property damage automobile liability policy in the amount not less than $1,000,000.00 for each accident. This policy shall cover any automobile used within the scope of this contract. Such policy shall be endorsed to name the City as an additional insured. 5 D. Crime Insurance: The Contractor shall maintain an insurance policy having a minimum limit of$50,000.00 per loss to cover money and securities for which the Contractor is contractually and/or fiscally responsible. The policy shall provide the following changes: 1. Employee Dishonesty. 2. Theft, Disappearance and Destruction of Money and Securities. E. Professional Liability Insurance: (for errors and omissions): The Contractor shall maintain an insurance policy to cover professional liability exposures related to Section 11 (Scope of Services by Contractor), Paragraphs A through B. Such insurance policy shall be maintained at a limit of not less than $250,000.00 for each claim. F. Special Events Liability Insurance: The Contractor shall maintain coverage under a liability insurance policy for events the Contractor holds and/or sponsors. This insurance coverage may be included under the Commercial General Liability insurance policy of Contractor if clearly endorsed thereon or under a separate policy. The minimum limit of coverage for special events shall be $1,000,000.00 per occurrence. The Contractor shall, as appropriate, require holders of special events for which the Contractor is responsible to maintain liability insurance for respective events and require such event holders to provide the Contractor with certification of insurance of the aforementioned limit, or, at a minimum or $500,000.00 per each occurrence. G. Liquor Liability Insurance: The Contractor shall maintain an insurance policy at a limit of not less than $500,000.00 for each common cause (claim) as excess and/or primary coverage for events for which the Contractor is responsible. The Contractor shall require event holders to maintain such insurance for respective events when event holder's Commercial General Liability insurance does not cover this liability exposure, for example, when event holder is in the business of selling, manufacturing or distributing alcoholic beverages. H. Insurance Requirements: The insurance specified in Section XI hereof shall comply with the following requirements: 1. The named insured on Contractor's insurance policies shall be: Downtown Fort Worth Initiatives Inc. 2, The City of Fort Worth shall be listed as an additional insured on the contractor's insurance policies. 3. Certificates of insurance documenting coverage required in this contract shall be provided to the City Manager, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102, in a timely manner; and any failure of the City to request same shall not be construed as a waiver of such requirement, 6 4. A minimum notice of 30-days shall be provided the City (as designated in Item 1.3 above) in the event of cancellation or non-renewal of policy(s) except a ten-day notice shall be acceptable in the event of non-payment of insurance premium(s). 5. Insurers of all policies of insurance shall be licensed or otherwise authorized to do business in the State of Texas and be otherwise acceptable to the City in terms of financial strength and solvency. 6. Deductible limits of required insurance policies shall be acceptable to the City. 7. Applicable policies shall be endorsed with waiver(s) of subrogation in favor of the City. 8. The City shall be entitled upon its request, and without incurring expense, to review the Contractor's insurance policies including endorsements thereto and, at the City's discretion, the Contractor may be required to provide proof of insurance premium payments. 9. The Commercial General Liability insurance policy required of the Contractor shall have no exclusions by endorsement unless approved by the City. 10. The City shall not be responsible for the cost of any insurance required of the Contractor. 11. All liability insurance required of the Contractor shall be written on an occurrence basis as such is authorized in the State of Texas by the State Department of Insurance and its respective Board. I. Local Agent for Insurance: The insurance company or managing brokerage firm with or through whom the Contractor's insurance is written shall be represented by an agent or agents having an office located within the Fort Worth-Dallas metropolitan area. The name of the agent or agents shall be stated on all certificates of insurance. The Contractor shall keep the required insurance in effect at all times during the term of this contract and any extension thereof The Contractor shall furnish to City a certificate of insurance on a form approved by the City, evidencing that the Contractor has obtained the required insurance coverage, All policies must provide that they may not be changed or canceled by the insurer in less than 30-days after the City of Fort Worth has received written notice of such change or cancellation except a notice of ten-days shall be acceptable if cancellation is due to non-payment of policy premium. The amount of coverage and policy limits of such insurance may be revised upward at the City's request with reasonable notice by the City to the Contractor, and the Contractor shall revise such amount of coverage and policy limits within 30-days after receipt,of such request, 7 XI. Laws to be Observed The Contractor at all times shall observe and comply with all applicable federal and state laws, local laws, ordinances, orders and regulations of the federal, state, county or city governments. No pleas of misunderstanding will be considered on account of ignorance thereof. XII. Taxes The Contractor shall pay all federal, state and local taxes, which may be chargeable against the performance of this work. XIII. Permits Before proceeding with the work hereunder, the Contractor shall obtain and pay for any necessary permits and licenses, whether issued by the state, county or city, and furnish proof thereof. XIV. Character of Workers and Work The Contractor and the Contractor's employees, including subcontractors, shall be competent and careful workers skilled in their respective trades. The Contractor shall not employ nor contract with any person who repeatedly engages in misconduct or is incompetent or negligent 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 discourteous to the public. This 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 determined by the City. XV. Equipment 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. XVI. Assignin2 or Subletting the Contract The Contractor shall not assign or sublet the contract or any portion of the contract without the written approval of the City Manager. The City's written approval of the Contractor subletting work shall not be considered as making the City a party to such Contractor, No subcontract shall under any circumstances relieve the Contractor of the Contractor's liability and obligations under the contract; all transactions will be made through the Contractor, Such subcontractors will be recognized and dealt with only as workers and representatives who are providing services to the Contractor. Any subcontracts shall be sublet to the provisions of Section V hereof 8 XVIL Breach of Contract All terms, conditions and specifications of the contract shall be considered material, and failure to perform any part of the contract shall be considered a breach of contract. Should the Contractor fail to remedy any breach of contract within 14 days after written notification to the Contractor of the violation, the City may, at its option and in addition to any other remedies available to it under law, terminate the contract. The contract shall not be terminated, however, if the Contractor has commenced to cure the breach within said 14-day period, and thereafter pursues such cure with reasonable diligence and in good faith. XVIII. Contract Administration The City Manager shall designate a representative to administer this contract. The City assigns to the Contractor the responsibility to perform the services, administrative, supervisory and management tasks for the Park as set forth in this contract. The Contractor shall be responsible for operation, oversight and supervision of the management, maintenance, plantings, turf shrub and tree care, fountain cleaning and maintenance of the mechanical, electrical and plumbing facilities in the Park. XIX. Information 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. Y.X. Books and Records The 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 readily accessible. The Contractor shall provide representatives of the City or its appointees free access to such books and records, at all proper times, in order that they may examine and audit the same and make copies thereof. The Contractor shall further allow the City and its representatives to make inspections of all work data, documents, proceedings and activities related to this contract. Such right of access and audit shall continue for a period of three years from the date of final payment under this contract, XXI. Performance Audit City shall have the right to conduct a performance audit and evaluation of Contractor at such times, as City deems necessary, The Contractor shall fully cooperate with any such perforniance audit, The City may employ-consultants at the City's expense 9 to assist the City in the audit. The Contractor agrees to give the City and its consultants access to all reports, data, schedules, etc., which may be required to conduct said performance audit. XXIL Notices Any notice, bill, invoice or report required by this contract shall be conclusively determined to have been delivered at the time same is deposited in the United States mail, in a sealed envelope with sufficient postage attached, to the address listed below: City of Fort Worth Downtown Fort Worth Initiatives, Inc. ATTN: City Manager ATTN: Kenneth Devero, President 1000 Throckmorton Suite 100, 777 Taylor Fort Worth, Texas 76102 Fort Worth, Texas 76102 XX111. Headings Disregarded The titles of the several sections, subsections and paragraphs set forth in this contract are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of the provisions of this contract. XXIV. Venue and Jurisdiction Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance or nonperformance of this contract, venue for said action shall lie in Tarrant County, Texas. This contract and any action in connection herewith shall be governed, construed and enforced by the laws of the State of Texas. XXV. Severability In case any one or more of the provisions contained in this contract shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this contract, which contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. XXV1. Non-waiver The failure of the City to insist upon the performance of any term or provision of this contract or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of the City's right to assert or rely upon any such term or right on any future occasion. 10 XXVII. Entirety of Agreement This written instrument and all attachments incorporated herein by reference constitute the entire agreement by the parties hereto concerning the work and services to be performed hereunder, and any prior or contemporaneous oral or written agreements which purport to vary from the terms hereof shall be void. EXECUTED on this the # day of 2002. CITY OF FORT WO TEXAS DOWNTOWN FORT WORTH INITIATIVES, INC. a Texas Corporation By: ld A—It By: o a a m Kenneth R. Devero ;ist t lager President 4 APPROVED AS TO FORM AND LEGALITY David Yett, City Attorney Assistant City Attorney ATTEST: 3ontract Authorization City Secretary ( I Date STATE OF TEXAS § COUNTY OF TAR RANT § BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared Joe Paniagua, Assistant City Manager for the City of Fort Worth, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Fort Worth, and that he executed the same as the act and deed of the City of Fort Worth, a municipal corporation of Tarrant, Denton, and Wise Counties, Texas and for the purposes and consideration therein expressed, and in the capacity therein stated. Subscribed to and sworn before me this Pyf- day of Ot 200;�3 A�: ABARNES v OUSLIC Notary Public in and for the State of Texas k�,A of Texas My Commission Expires: Comm. Ex p.03-3',-2005 L--:V STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared, Kenneth R. Devero, President of the Downtown Fort Worth Initiatives, Inc., known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said Downtown Fort Worth Initiatives, Inc., and that he executed the same as the act and deed of the Downtown Fort Worth Initiatives, Inc., a Texas Corporation, for the purposes and consideration therein expressed, and in the capacity therein stated. m Subscribed and sworn to before me this j" day of,,,-, L6 20O Z. Notary Public in and for the State of Texas My Commission Expires: v b 12 Attachment B Scope of Services by Contactor A. Park Management Program The Contractor shall provide the following administrative and management services for maintenance and operation of the Park: a. Staff and administrative services which are necessary to supervise the daily maintenance services necessary to keep the Park in a clean, operational, trash free condition with healthy turf, trees, shrubs and year round flower plantings; b. Management, financial and program monitoring systems for operation of the Park; c. Required reports to the City concerning maintenance and operation of the Park; d. Staff for administration and management of the Park; e. Recruitment, hiring, paying and supervising the work force, which the Contractor will utilize to furnish all services in the Park; f. Office space for the Contractor's administrative and management personnel; g. Recommendation of actions and guidelines which the City of Fort Worth could take to regulate activities in the Park to maximize the contribution of activities and events in the Park; h. Staff to participate in private or public meetings concerning operations and services in the Park; i. Liaison between the City, adjacent property owners, park users, interested persons and groups to ensure successful operation and maintenance of the Park; j. Administration and supervision services in the Park which are provided directly by the Contractor; k. Contracts with subcontractors to provide landscaping, turf maintenance, tree and shrub maintenance, mechanical, plumbing and electrical maintenance, and other services which the Contractor elects to provide through subcontracting; 13 1. Supervision and monitoring the performance of subcontractors who are employed by the Contractor; in. Assistance to the City's Parks and Community Services Department concerning use of the Park; n. Assistance to the City in briefing interested parties concerning proposed activities and projects which would enhance the beauty and use of the Park; o. Information/Complaint 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 The Contractor shall provide the following maintenance services in the Park either directly or through a subcontractor: a. Keep the park in a clean condition by: i. Maintaining the granite walk ways, benches, and planters clear of debris ii. Emptying the trash can inserts in the planters daily (five days a week) iii. Maintaining the ground cover beds, flower beds and turf areas clear of debris, including but not limited to leaves, limbs, cigarette butts, paper, etc; iv. Regularly washing off the granite surfaces of bird waste, spilled drinks and food (removal of wax on the granite surfaces will not be part of this contract); and v. Removing graffiti to the best of their ability within 24 hours of notification (within normal workweek). b. Keep the turf, plantings, trees and shrubs in a healthy green appearance by I. Watering ii. Fertilizing III Inspection iv, Pruning v. Treatment of wounds vi. Disease control vii. Insect control viii. Three plantings of blooms a year (tulips and the spring planting to be considered one planting) ix. Any other actions necessary to keep all plant life in a healthy appearance including but not limited to: a. Pe seeding or sodding the turf b, Adding additional ground cover 14 c. Trimming the trees to provide more defensible space in the park c. Keep the Park in year round blooms with three seasonal plantings of: i. Fall seasonal planting of blooming flowers ii. Spring seasonal planting of blooming flowers iii. Summer seasonal planting of blooming flowers I tl d. Keep the fountains in a clean well maintained appearance by, i. Cleaning the fountains daily (5 days a week) or as necessary to keep them trash free ii. Vacuum the fountains daily (5 days a week) or as necessary to keep them trash free and clean; iii. Maintain the correct level of chemicals to insure that the water in the fountains is clean and free of algae and other growth or discoloration. e. Keep the pump room well maintained, clean and operational through: i. Frequent and periodic preventative maintenance of the pumps and, ii. Clean out of the reservoir once or twice a year, depending upon need, iii. Maintaining the proper amount of chemicals for the chlorination of the fountains iv. Frequent and periodic monitoring of the electrical system by a licensed electrician to insure proper operation of all electrical systems v. In case of equipment failure, replace damaged equipment in a timely manner, after informing the City Parks and Community Services Department of the nature of the equipment failure. f. Be responsive to the requests for service in the park by the City's Parks and Community Services Department. g. Maintain communications with the Park's Department reservation staff to insure that the park is always in its best appearance for scheduled activities. It should be noted that the City staff have the obligation to keep Contractor staff informed of scheduled activities in the park two weeks 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 or the safety of park users. It. Operate, and insure that all subcontractors operate in the park in accordance with all City, State, Federal laws, guidelines and requirements, 15 i. Contractor agrees to work with the City to insure the park is safe place and maintained for the citizens of Fort Worth and will comply with all applicable federal and state laws, local laws, ordinances, orders and regulations of the federal, state, county or city governments. j. The Contractor shall reimburse the City or pay directly for any repairs resulting from negligence or abuse of City electrical or plumbing facilities by Contractor, its agents, servants or employees. 16 City of Fort Worth, Texas "(1yor and 4:0""Cil commu"icatio" DATE I REFERENCE NUMBER LOG NAME PAGE 11/12102 C_19348 80BURNETT 1 of 2 SUBJECT AUTHORIZATION TO EXECUTE AN AGREEMENT WITH DOWNTOWN FORT WORTH INITIATIVES, INC. FOR THE MAINTENANCE OF BURNETT PARK RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute an agreement with Downtown Fort Worth Initiatives, Inc. (DFWI) for the maintenance of Burnett Park; and 2. Authorize this agreement to begin November 12, 2002, and expire September 30, 2004, with the option to renew for two five-year periods. DISCUSSION: In June 1919, S. B. Burnett gifted Burnett Park to the City of Fort Worth. In 1983, the park was renovated to its present design of an extensive marble walk and wall system, display fountains with optic spray systems, and landscaping including shrubs and flowerbeds. Along with the renovation, grant funding was provided to maintain Burnett Park at a higher maintenance level. Since 1994, grant funding was appropriated through an annual agreement with DFWI. Approximately $200,000 has been received yearly to cover the costs of maintaining the park, including supplies, materials, utilities, plantings, water feature maintenance, equipment repair, and the salaries for two employees. On August 12, 2002, the Parks and Community Services Department received a proposal from DFWI to wholly contract out the maintenance of Burnett Park. As part of that proposal for Fiscal Year 2002-2003, the City was asked to fund the base level of service (consistent with other downtown parks) and DFWI would pay the incremental increased cost for "premium" services, i.e., flowering plants, and display fountain maintenance and operation. The cost for that base level of service would be $34,950 for FY2002-2003, plus water and electrical utility costs of approximately $18,000, for a total funding of $52,950. For future years, DFWI requested that the City's base participation be further increased. This request was based on the premise that it is in the public's best interest for the City to perform and participate at more than the base level of service at Burnett Park. Because the FY2002-2003 budget had already been adopted, it was agreed that the request for the City to participate at a higher financial level would be considered during the FY2003-2004 budget development process. Terms of the agreement will include the responsibilities of DFWI and the Parks and Community Services Department, maintenance service levels, procedures for use of the public space, indemnification and liability, insurance requirements, and other standard contractual requirements. A provision will be included that would allow an increase in the City's financial participation contingent on budget approval and resources being available in future years. This facility is located in COUNCIL DISTRICT 9. City of Fort Worth, Texas "agor eirld cou"Cit 4:0mmunlicatio" DATff REFERENCE NUMBER LOG NAME TPAGE 11/127 /02 C-1934$ 80BURNETT 2 of 2 SUBJECT 1AUTHORIZATION TO EXECUTE AN AGREEMENT WITH DOWNTOWN FORT I WORTH INITIATIVES, INC. FOR THE MAINTENANCE OF BURNETT PARK FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the Special Trust Fund. JP:k Submitted for City Manager's Al CITY SECRETARY Office by: (to) Joe Paniagua 6140 Originating Department Head: Richard Zavalfa - ,04 (from) 1 APPROVED 111112/02 0805021120 0 $34,950,00 Additional Information Contact: I FE72 535026 08050 $M000,00 - 70 FE72 535030 080502iT2� 00 8,000,00 Sa-----ndra Youngblood 5755 ---- --------