HomeMy WebLinkAboutContract 40077 CITY SECRETARY
SUPPORT ORGANIZATION AGREEMARYSNT "'CT NO= '
BETWEEN THE
CITY OF FORT WORTH
AND THE
FRIENDS OF TANDY HILLS NATURAL AREA, INC.
THIS SUPPORT ORGANIZATION AGREEMENT ("Agreement") is entered into by
and between the City of Fort Worth, a home-rule municipal corporation of the State of Texas,
located within Tarrant, Denton, Parker, and Wise Counties, Texas, acting by and through its duly
authorized Assistant City Manager (the "CITY"), and Friends of Tandy Hills Natural Area, Inc.
("FOTHNA"), a Texas non-profit corporation, acting by and through its duly authorized Director
RECITALS
WHEREAS, the CITY owns 160 acres of property known as the Tandy Hills Park and
Natural Area; and
WHEREAS, FOTHNA supports the conservation and management of the Tandy Hills
Park and Natural Area, and
WHEREAS, FOTHNA sponsors events throughout the year to raise awareness of and
funds for the Tandy Hills Park and Natural Area; and
WHEREAS, the CITY and FOTHNA wish to enter into an agreement for support of
Tandy Hills Park and Natural Area,
NOW THEREFORE, the CITY and FOTHNA do hereby agree to the following terms
and conditions as set forth in the Agreement.
AGREEMENT
1. PURPOSE
1.01 The purpose of this Agreement is to formalize the relationship between and the duties of
the CITY as owner and manager of the Tandy Hills Park and Natural Area, 3325 View Street,
Fort Worth, Texas 76103 (the "Premises") and FOTHNA as the coordinating support
organization for the Premises.
2. TERM
2.01 The primary term for this Agreement shall be for two years beginning on April 1, 2009,
and ending on March 31, 2011. The primary term may be renewed by mutual written agreement
by both parties for two (2) successive 2-year terms. Renewal of this Agreement may be
accomplished through execution by both Parties of a written addendum establishing the new
terar-o -Md Agreement.
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3. RESPONSIBILITIES OF THE PARTIES
3.01 Responsibilities of FOTHNA:
a. FOTHNA will provide monetary and in-kind support for the Premises through
fundraising, including solicitation of money and goods, and through the making
of in-kind improvements to the Premises with prior CITY approval.
b. FOTHNA shall dedicate one hundred percent (100%) of the annual net proceeds
collected by FOTHNA in any CITY park specifically for the Premises.
C. Prior to initiating any fundraising or solicitation efforts for the Premises,
FOTHNA shall provide the CITY with written notice of the intended fundraising
and secure CITY approval. FOTHNA shall obtain specific written approval from
CITY to use the CITY's logo in conjunction with FOTHNA's fundraising or
solicitation efforts. FOTHNA will coordinate with CITY staff in regard to any
and all use of the Premises for fundraising or solicitation purposes.
d. FOTHNA agrees that all net proceeds and in-kind materials or services donated
for the Premises will be targeted for use in support of the development of the
Premises in accordance with the Tandy Hills Park Master Plan or other CITY-
approved features on the Premises.
e. FOTHNA agrees that they will maintain accurate accounting of all funds and in-
kind donations collected. Such donations may not be used for anything other than
the intended purpose unless such alternative use has first been approved in writing
by the original donor(s). FOTHNA further agrees that fund records will be
subject to review by the CITY upon request.
f. If FOTHNA wishes to sell or market goods in the name of Tandy Hills Park and
Natural Area in support of the Premises, FOTHNA must first secure advance
written approval from the CITY. FOTHNA shall obtain specific written approval
from CITY to use the CITY's logo on any goods FOTHNA wishes to sell or
market. CITY shall retain all rights to ownership and use of any registered or
recorded brands, logos, trademarks, or variants thereof that relate to the City or
the Premises. FOTHNA shall all rights to ownership and use of any registered or
recorded brands, logos, trademarks, or variants thereof that relate solely to
"Friends of Tandy Hills Natural Area" and "Prairie Fest." The selling or
solicitation of goods for sale and the use of the proceeds shall be in accordance
with the provisions of this Agreement.
g. FOTHNA shall submit a copy of their completed tax filings and copy of their
organization's non-profit status no later than May 0 of each calendar year.
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h. To the extent FOTFINA owns, maintains, or supports a website that is available to
the public and that relates to this Agreement, FOTHNA's use of the Premises, or
both, FOTFINA agrees that such website shall not include any content that
constitutes obscene or pornographic material; that in any way disparages the City
of Fort Worth (including officials, employees, or indicia thereof); that depicts the
City of Fort Worth in any manner or use that is or may claim to be defamatory,
untrue, or censorable in nature; that may bring harm to the heritage and history of
City of Fort Worth; or that in any other manner is deemed inappropriate. The
determination of whether website content complies with the requirements of this
section shall lie in the sole discretion of the Director of the Fort Worth Parks and
Community Services Department. Any website content that does not meet the
requirements of this section shall be removed on the earlier of. 1) discovery of
such content or 2) receipt of notification that such content is present. For
purposes of this section, content of the website shall include any banner ads or
other advertisement material that is displayed on the website.
i. FOTHNA shall secure CITY permission prior to holding any public events in or
on the Premises. No later than January I of each year, FOTHNA shall submit to
the CITY for approval the proposed dates of the annual multi-day event currently
known as "Prairie Fest."
j. FOTHNA will be responsible for ensuring that the Premises is cleaned and
returned to an orderly condition following each public event FOTHNA holds,
including "Prairie Fest."
3.02 Responsibilities of the CITY:
a. The CITY will serve as the sole manager of the Premises. The CITY does not
relinquish the right to control or manage any portion of the Premises, nor does the
CITY relinquish the right to enforce all necessary and proper rules for the
management and operation of the same. FOTHNA understands that it has no
right to control or manage any portion of the Premises.
b. All decisions and actions related to the creation, alteration, and on-going
management of the Premises, including, but not limited to, the allocation and
deployment of resources for maintenance and development, will rest solely with
the CITY.
C. Funds for the basic operation of the Premises will be determined and allocated for
each fiscal year in conjunction with the CITY's budget process. If for any reason,
at any time during any term of this Agreement, the Fort Worth City Council fails
to appropriate sufficient funds for the CITY to fulfill its obligations under this
Agreement, the CITY may terminate this Agreement to be effective on the later of
(i) thirty (30) days following delivery of written notice from the CITY to
FOTIINA of the CITY's intention to terminate or (ii) the last date for which
Support Organization Agreement-CFW and Friends of Tandy Bills Natural Area, Inc. Page 3 of 12
funding has been appropriated by the City Council for the purposes set forth in the
Agreement.
d. City shall solicit input from FOTHNA regarding the expenditure of the funds donated by
FOTHNA prior to the expenditure of such funds. However, nothing herein relinquishes the
City's right to expend funds donated by FOTHNA in a manner ultimately determined by the
City.
4. TERMINATION/DISSOLUTION
4.01 This Agreement may be terminated by either party, with or without cause, by providing
the other party with written notice thirty (30) days prior to the intended termination date. On
conclusion of this Agreement, either by termination or expiration, FOTHNAshall transfer to the
CITY funds, materials, and proceeds donated to or acquired by FOTHNA for the Premises or
may retain such funds, materials, and proceeds for the benefit of the Premises. All funds,
materials, and proceeds transferred or retained under this provision shall be used on the Premises
as specified in Section 3.01(a) of this Agreement.
4.02 In the event, FOTHNA dissolves or otherwise ceases to exist, all funds, materials, and
proceeds donated to or acquired by FOTHNA for the Premises shall be transferred to the City.
All funds, materials, and proceeds so transferred shall be used on the Premises as specified in
Section 3.01(a) of this Agreement.
5. CHARITABLE IMMUNITY AND LIABILITY ACT
5.01 FOTHNA agrees that if it is a charitable organization, corporations, entity, or individual
enterprise having, claiming, or entitled to any immunity, exemption (statutory or otherwise), or
limitation from and against suit or 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 FOTHNA hereby does not waive its right to assert or plead defensively
any such immunity from or limitation of suit or liability as against CITY.
6. INDEPENDENT CONTRACTOR
6.01 It is expressly understood and agreed that FOTHNA shall operate as an independent
entity in each and every respect hereunder and not as an agent, representative, or employee of the
CITY. FOTHNA shall have the exclusive control and the exclusive right to control all details
and day-to-day operations and activities relative to fundraising for the Premises and shall be
solely responsible for the acts and omission of its officers, agents, servants, employees,
contractors, subcontractors, and licensees. FOTHNA acknowledges that the doctrine of
respondeat superior shall not apply as between the CITY and FOTHNA, its officers, agents,
servants, employees, contractors, subcontractors, and licenses. Nothing contained in this
Agreement shall be construed as the creation of a partnership or joint enterprise between the
CITY and FOTHNA.
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7. COMPLIANCE WITH LAW; LICENSES, PERMITS,AND TAXES; LIENS
7.01 FOTHNA shall comply with all federal, state, and local laws, ordinances, rules, and
regulations, as well as with all regulations, restrictions, and requirements of the CITY's police,
fire, parks, code enforcement, and health departments applicable to the Premises now or
hereafter in effect.
7.02 FOTHNA will not engage in any unlawful use of the Premises or any other City property.
FOTHNA further agrees that it shall not permit its officers, agents, servants, employees,
contractors, subcontractors, patrons or licensees to engage in any unlawful use of the Premises
and that FOTHNA shall immediately contact the proper authorities to remove from the Premises
any person engaging in such unlawful activities. Unlawful use of the Premises by FOTHNA
itself shall constitute a breach of this Agreement and may result in the Agreement's immediate
termination.
7.03 With the exception of park rental fees, FOTHNA shall obtain and pay for all necessary
permits and licenses required by or from any governmental agency or entity in connection with
the use of the Premises or any other CITY property related to activities within the scope of this
Agreement. FOTHNA further agrees to pay for all taxes assessed or imposed by any
governmental entity in connection with the use of the Premises or any other CITY property
related to activities within the scope of this Agreement.
7.04 FOTHNA shall not do any act or make any contract that may be purported to create or be
the foundation of any lien on or any interest in the Premises. Any such act, contract, or lien
attempted to be created shall be void. Should any purported lien on the Premises be created or
filed, FOTHNA, at their sole expense, shall liquidate and discharge same within ten (10) days
after notice from CITY to do so.
8. RIGHT OF ENTRY
8.01 CITY does not relinquish the right to control the management of the Premises, or the
right to enforce all necessary and proper rules for the management and operation of the same.
Members of the CITY's police, fire, parks, code enforcement, health, and other designated
departments shall have the right at any time to enter any portion of the Premises (without causing
or constituting a termination of the Agreement or an interference of the use of the Premises by
FOTHNA) for the purpose of inspecting and maintaining the same and performing any and all
activities necessary for the proper conduct and operation of public property. At no time shall the
exercise of this right or performance of these functions authorize or empower CITY personnel to
direct the activities of FOTHNA or assume liability for FOTHNA's activities.
9. MAINTENANCE; REPAIR
9.01 FOTHNA covenants and agrees that it will not make or suffer any waste, unlawful,
improper, or offensive use of the Premises or any part thereof and shall comply with all federal,
state, and local laws, including all ordinances and regulations of the CITY and other
governmental agencies applicable to the Premises.
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9.02 In the event any damage is done to the Premises or to any part of the fixtures, structures,
or natural environment of the Premises by any act of FOTHNA or of FOTHNA's employees,
agents, officers, volunteers, invitees, or licensees, FOTHNA shall pay the costs of repairing the
Premises, fixtures, structures, or natural environment to the condition in which it existed
immediately preceding the occurrence of damage. The CITY will determine whether any
damage has been done, the amount of the damage, the reasonable costs of repairing the damage,
and whether FOTHNA is responsible under the terms of this Agreement.
9.03. If the CITY determines that damage is attributable to FOTHNA pursuant to section 9.02,
the CITY shall provide FOTHNA written notification of such damage. Within thirty (30) days
of receipt of the CITY's written notice, FOTHNA shall repair or replace the damaged portion of
the Premises, fixtures, structures, or natural environment to the reasonable satisfaction of the
CITY.
10. RIGHT TO AUDIT
10.01 FOTHNA agrees that the CITY shall, until the expiration of three (3) years after
expiration of this Agreement, have access to and the right to examine any directly pertinent
books, documents, papers, and records of the FOTHNA involving transactions relating to this
Agreement. FOTHNA agrees that the CITY shall have access during normal working hours to
all necessary FOTHNA facilities and shall be provided adequate and appropriate workspace in
order to conduct audits in compliance with the provisions of this section. CITY shall give
FOTHNA reasonable advance notice of intended audits.
10.02 FOTHNA further agrees to include in any subcontractor agreements hereunder a
provision to the effect that the subcontractor agrees that the CITY shall, until the expiration of
three (3) years after expiration or termination of the subcontract, have access to and the right to
examine any directly pertinent books, documents, papers and records of such subcontractor
involving transactions to the subcontract, and further that CITY shall have access during normal
working hours to all subcontractor facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this paragraph. CITY shall
give subcontractor reasonable advance notice of intended audits.
11. INDEMNIFICATION
11.01 FOTHNA AGREES TO DEFEND, INDEMNIFY, AND HOLD THE CITY, ITS
OFFICERS,AGENTS, SERVANTS, 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
AND/OR PERSONAL INJURY, INCLUDING DEATH, THA T ;IIA Y RELA TE TO, ARISE
OUT OF, OR BE OCCASIONED BY(1) FOTHNA'S BREACH OFANY OF THE TERMS OR
PROVISIONS OF THIS AGREEMENT OR (11)ANY NEGLIGENTA CT OR OMISSION OR
INTENTIONAL MISCONDUCT OF FOTHNA, ITS OFFICERS, AGENTS, ASSOCIATES,
EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY,) OR SUBCONTRACTORS,
RELA TED TO THE PERFORMANCE OF THIS AGREEMENT; EXCEPT THA T THE
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INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY
LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS
OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS AND IN THE
EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH FOTHNA AND CITY,
RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN
ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN
SHALL BE CONSTRUED AS A WAIVER OF THE CITY'S GOVERNMENTAL IMMUNITY
AS FURTHER PROVIDED BY THE LAWS OF TEXAS.
11.02 FOTHNA covenants and agrees that City shall in no way nor under any circumstances
be responsible for any property placed on the Premises belonging to FOTHNA, its members,
employees, agents, contractors, subcontractors, invitees, licensees, or trespassers that may be
stolen, destroyed, or in any way damaged, and FOTHNA hereby indemnifies and holds
harmless City from and against any and all such claims. The City does not guarantee police
protection and will not be liable for any loss or damage sustained by FOTHNA, its members,
employees, agents, contractors, subcontractors, invitees, licensees, or trespassers on any of the
Premises.
12.00 The FOTHNA shall not commence work under this Agreement until it has provided
insurance required herein and the City has approved such insurance. Nor shall FOTHNA
allow any subcontractor or subconsultant to commence work on its subcontract until the
subcontractor or subconsultant has provided FOTHNA with insurance that names both the
City and FOTHNA as additional insureds and that meets the requirements specified
herein. In lieu of requiring subcontractor or subconsultant to acquire separate insurance,
FOTHNA may elect, in its sole discretion, to add any subcontractor or subconsultant as an
additional insured under its liability policies.
12.01 FOTHNA shall specifically obtain the following types of insurance at the following
limits and subject to the additional requirements listed below:
a. Commercial General Liability (required throughout term of Agreement and
any renewals thereof):
$500,000.00 Each Occurrence
$500,000.00 Aggregate
Documentation of commercial general liability insurance shall be provided to
the City prior to the commencement of the work.
b. Liquor Liability (required for all events hosted by the FOTHNA on the
Premises at which liquor (beer and wine only) is to be sold, served, provided,
or allowed to be consumed)
$1,000,000.00
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The FOTHNA shall notify the Superintendent over Northeast Region Parks in
writing at least ten (10) working days prior to the scheduled event; such notice
shall include the date, time and location of the event. Documentation of
liquor liability insurance shall be provided to the City at least five business
days prior to the date of the event.
c. Automobile Liability (required throughout term of Agreement and any
renewals thereof).
$1,000,000.00 each accident on a combined single limit basis
Automobile liability insurance must provide coverage for"any auto," which is
defined to include all autos owned, hired, and non-owned for driving in
connection with business activities by, for, or on behalf of FOTHNA
12.02 All insurance required under this Agreement must comply with the following
general requirements:
a. Certificates of insurance shall be delivered to the City of Fort Worth, addressed
to the attention of Park Superintendent, Parks and Community Services (PACS),
4200 Seminary, Ste. 2200, Fort Worth, Texas 76115.
b. The City's Risk Manager shall have the right to review and evaluate all required
insurance coverage and to make reasonable requests or revisions pertaining to
the types and limits of that coverage. FOTHNA and its subcontractors shall
comply with such requests or revisions as a condition precedent to the
effectiveness of this Agreement.
c. Each insurance policy shall be endorsed to provide the City a minimum thirty
(30) days' notice of cancellation, non-renewal, and/or material change in policy
terms or coverage, provided, however, that a ten day notice shall be acceptable
in the event of cancellation for non-payment of premium.
d. The City, its officers, employees, and servants shall be endorsed as an additional
insured on all insurance policies required under this Agreement.
e. All insurance policies required under this Agreement shall be endorsed with a
waiver of subrogation providing rights of recovery in favor of the City.
f. FOTHNA's (agent) insurance policies shall each be endorsed to provide that
such insurance is primary protection and that any self-funded or commercial
coverage maintained by City shall not be called upon to contribute to loss
recovery.
g. On the request of City, FOTHNA shall provide complete copies of all insurance
policies required by this Agreement. Current and revised certificates of
insurance shall be delivered to the Parks Reservationist of the City of Fort
Worth, 4200 Seminary, Ste. 2200, Fort Worth, Texas 76115 with a copy to Park
Superintendent, at the PACS office
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h. Any failure on part of the City to request required insurance documentation
shall not constitute a waiver of the insurance requirements specified herein.
i. Insurers must be authorized to do business in the State of Texas and have a
current A. M. Best rating of A VII or equivalent measure of financial strength
and solvency.
j. Deductible limits,or self-funded retention limits, on each policy must not exceed
$10,000.00 per occurrence unless otherwise approved by the City.
k. The City may consider alternative coverage or risk treatment measures through
insurance pools or risk retention groups in lieu of traditional insurance. Prior to
employing such alternative coverage, the FOTHNA must obtain City's written
approval.
1. City shall not be responsible for the direct payment of insurance premium costs
for FOTHNA's insurance. FOTHNA may be required to provide proof of
insurance premium payments.
m. During any term of this Agreement, FOTHNA shall report to the Risk
Management Division in a timely manner any loss occurrence that could give
rise to a liability claim or lawsuit or that could result in a property loss.
13. NONDISCRIMINATION; DISABILITIES
13.01 FOTHNA, for itself, its personal representatives, successors in interest, and assigns, as
part of the consideration herein, agrees that no person shall be excluded from participation in or
denied the benefits of FOTHNA's use of the Premises on the basis of race, age, color, national
origin, ethnicity, religion, handicap, gender, sexual orientation, or familial status. FOTHNA
further agrees for itself, its personal representatives, successors in interest, and assigns that no
person shall be excluded from the provision of any services on the Premises on grounds of race,
age, color, national origin, ethnicity, religion, handicap, gender, sexual orientation, or familial
status.
14. FORCE MAJEURE
14.01 If the Premises or any portion thereof shall be destroyed or damaged by reason of force
majeure so as to prevent the use of the Premises for the purposes and during the periods specified
in this Agreement, then this Agreement shall terminate, and FOTHNA hereby waives any
claim against CITY for damages by reason of such termination.
15. ASSIGNMENT
15.01 FOTHNA shall not assign this Agreement nor suffer any use of the Premises other than
herein specified, without the written consent of CITY. If assigned per the written consent of
CITY, FOTHNA agrees to ensure that any assignee will comply with all terms, provisions,
covenants, and conditions of the Agreement. Assignment of this Agreement shall not relieve
FOTHNA from any of its obligations under this Agreement.
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16. NOTICES
16.01 All notices required or permitted under this Agreement may be given to a party
personally or by mail, addressed to such party at the address stated below or to such other
address as one party may from time to time notify the other in writing. Any notice so given shall
be deemed to have been received when deposited in the United States mail so addressed with
postage prepaid:
CITY: FOTHNA
City of Fort Worth Friends of Tandy Hills Natural Area, Inc.
c/o Director Parks and Community Attn: Don Young
Services Department P.O. Box 470041
4200 South Freeway, Suite 2200 Fort Worth, TX 76147
Fort Worth, TX 76115
17. SEVERABILITY, WAIVER AND SECTION HEADINGS
17.01 In the event any covenant, condition, or provision of this Agreement is held to be invalid
by any court of competent jurisdiction, the invalidity of such covenant, condition, or provision
shall in no way affect any other covenant, condition, or provision herein contained, provided
however, that the invalidity of any such covenant, condition, or provision does not materially
prejudice either FOTHNA or CITY in connection with the rights and obligations contained in the
valid covenants, conditions, or provisions of this Agreement.
17.02. The failure of City to insist on the performance of any term or provision of this
Agreement or to exercise any right herein conferred shall not be construed as a waiver or
relinquishment to any extent of CITY's ability to assert or rely on any such term or right on
any future occasion. The waiver by the CITY of any default or breach of a term, covenant, or
condition of this Agreement shall not be deemed to be a waiver of any other breach of that
term, covenant, or condition or of any other term, covenant, or condition of this Agreement,
regardless of when the breach occurred.
17.03 The section headings contained herein are solely for convenience in reference and are
not intended to define or limit the scope of any provision of this Agreement.
18. ENTIRE UNDERSTANDING; MODIFICATION
18.01 This written instrument (including all attachments, schedules, and exhibits attached
hereto) constitutes the entire understanding of the parties concerning CITY's and FOTHNA's
roles and obligations in regard to Tandy Hills Park and Natural Area. Any prior or
contemporaneous oral or written agreement that purports to vary from the terms hereof shall be
void.
18.02 Amendments to this Agreement or to any attachment, schedule, or exhibit attached hereto
may be proposed by either party and shall take effect on written approval by both parties.
Support Organization Agreement-CFW and Friends of Tandy I[ills Natural Area, Inc. Page 10 of 12
18.03 This Agreement shall be binding on and inure to the benefit of the parties hereto and their
respective heirs, executors, administrators, legal representatives, successors, and properly
authorized assigns.
19. CHOICE OF LAW; VENUE
19.01 This Contract shall be governed by and construed in accordance with the laws of the
State of Texas.
19.02 If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of this Agreement, venue for such action shall lie in state courts located in Tarrant
County, Texas or the United States District Court for the Northern District of Texas—Fort Worth
Division.
20. EXECUTION
20.01 By executing this Agreement, FOTHNA's agent affirms that he or she is authorized by
FOTHNA to execute this Agreement and that all representations made herein with regard to
FOTHNA's identity, address, and legal status are true and correct.
[SIGNATURES APPEAR ON NEXT PAGE]
Support Organization Agreement-CFW and Friends of Tandy bills Natural Area, Inc. Page 11 of 12
IN WITNESS WHEREOF, the parties hereto have executed this Agreement and any
attachments and exhibits in multiples in Fort Worth, Tarrant County, Texas, this the St
day of �, � „_Q , 2010.
CITY OF FORT WORTH FRIENDS OF TANDY HILLS NATURAL
AREA, INC. T ThO TI1FC-'TY of
FoRTuiotiny Risk 1m owjGbW yr ytv,4i '.r7' *s,MW6)'R>
THE fdTry A f c0 PtMf T6 oMp�Ywil'�Y�'�sBGR�f�+f�T
By: BY
arl s W. Daniels bung, �ir or
Assistant City Manager
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Attest: ,� r Approved s o and''
egality:
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By: BY-
City Secretary a,�°FOl;�n�a Assistant City torney
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OFFICIW.. RECORD
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Support Organization Agreement-CFW and Friends of Tandy I lills Natural Area, Inc. Page 12 of 12
Client#: 102129 FRIEN9
DATE(MWDDNYYY)
ACORD- CERTIFICATE OF LIABILITY INSURANCE 03/30/2010
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
SELECT COMMERCIAL ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
Higginbotham$Assoc.,Inc. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P O Box 908
Fort Worth,TX 76101 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Republic Lloyds 19208
Friends of Tandy Hills Natural Area Inc INSURER B:
P.O.Box 470041
INSURER C:
Fort Worth,TX 76147
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY EFFECTIVE POLICY EXPIRATI
LTR INSR9 TYPE OF INSURANCE POLICY NUMBER DATE M D DATE 1MM/DDNY)ON LIMITS
A GENERAL LIABILITY GL5506647 03/12/10 03/12/11 EACH OCCURRENCE $1,000,000
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $100,000
CLAIMS MADE r7x OCCUR MED EXP(Any one person) $5,000
PERSONAL d ADV INJURY $11,000,000
GENERAL AGGREGATE s2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG s2,000,000
POLICY PE O- LOC
A AUTOMOBILE LIABILITY GL5506647 03/12/10 03/12/11 COMBINED SINGLE LIMIT
ANY AUTO (Ea accident) $1,000,000
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person) $
X HIRED AUTOS BODILY INJURY
X NON-OWNED AUTOS (Per accident) $
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR FI CLAIMS MADE AGGREGATE $
DEDUCTIBLE $
RETENTION $ $
WC STATU- OTH-
WORKERS COMPENSATION AND I ER
EMPLOYERS'LIABILITY
E.L.EACH ACCIDENT $
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $
If yes,describe under
SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT 1$
A OTHER Liquor Liab. GL5506647 03/12/10 03/12/11 $1,000,00032,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Certificate holder is included as Additional Insured with a Waiver of Subrogation issued in their favor on
the General Liability,Liquor Liability and Hired&Non-Owned Auto Liability policy where required by
written contract but only in accordance with policy terns,conditions and exclusions and only with respect
to liability arising out of operations of the named insured.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Fort Worth DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL A0_ DAYS WRITTEN
ATTN: Park Superintendent(PACS) NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
4200 Seminary,Ste 2200 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
Fort Worth,TX 76115 REPRESENTATIVES.
AUTHORIZED REPRESENTATN
ACORD 25(2001/08)1 of 2 #S239026/M239025 J L1 o ACORD CORPORATION 1986