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HomeMy WebLinkAbout064885 - General - Contract - Downtown Fort Worth Initiatives, Inc. (DFWII)CSC No. 64885 PARK MANAGEMENT SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND DOWNTOWN FORT WORTH INITIATIVES, INC. This PARK MANAGEMENT SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH, a home -rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager ("City") and DOWNTOWN FORT WORTH INITIATIVES, INC. ("DFWII"), a Texas nonprofit corporation, acting by and through its duly authorized representative. The City and DFWII are herein referred to individually as a ("Party") and collectively as the ("Parties"). WHEREAS, the City owns Burnett Memorial Park located at 501 W 7th St, Fort Worth, TX 76102 and General Worth Square Park located at 916 Main Street, Fort Worth, TX 76102; WHEREAS, since 2002, DFWII has been providing the City with significant benefits, both financial and otherwise, for Burnett Memorial Park (City Secretary Contract Numbers 28397, 31254, 28397, and 46819 as amended and renewed) including, among other things, management and maintenance services; WHEREAS, since 2013, DFWII has been providing the City with additional significant benefits to General Worth Square Park (City Secretary Contract Numbers 44275, 48496, and 49902 as amended and renewed) including, among other things, management and maintenance services; WHEREAS, DFWII's mission is to be the catalyst for transforming downtown Fort Worth into a vibrant place to live, visit, enjoy and conduct business through aggressive leadership of programs, projects and partnerships; WHEREAS, DFWII, as the manager of Public Improvement District (PID) 1, has provided significant benefits to three additional city -owned parks, Peter Smith Park, Hyde Park and Federal Plaza Park, services include: patrolled the parks, provided on -call security services within the park between 7AM — 12AM, reported illegal activities occurring within these parks to the police department, provided educational opportunities for the general public, and provided supplemental litter pick up service in these parks; WHEREAS, DFWII has also initiated many community outreach programs, resulting in its high- level understanding of the needs of the community regarding these parks and a decrease in homelessness in each park; WHEREAS, it is the collective desire of the Parties to continue with this relationship and enter into a new Park Management Services Agreement for DFWII to provide ancillary management and maintenance services for the following five city -owned parks: (1) Hyde Park located at 201 West 9th St., Fort Worth, TX 76102; (2) Peter Smith Park located at 901 Jennings Ave., Fort Worth, TX 76102; (3) Federal Plaza Park located at 1000 Throckmorton St., Fort Worth, TX 76102; (4) Burnett Memorial Park located at 501 W 7th St, Fort Worth, TX 76102; and (5) General Worth Square Park located at 916 Main Street, Fort Worth, TX 76102; WHEREAS, on November 18, 2025, the Fort Worth City Council approved M&C 25-1086, to memorialize the partnership between the City and DFWII for the management and maintenance services of the five aforementioned City -owned parks; Park Management Services Agreement City of Fort Worth and DFWII OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 31 W REAS, the City and DFWII wish to set forth the terms and conditions for this Agreement; W REAS, each Party finds that the performance of this Agreement is in the common interest of the Parties, that the undertaking will benefit the public interest and the division of costs fairly compensates the performing Party for the services or function under this Agreement; and NOW THEREFORE, in consideration of the covenants and agreements contained in this Agreement, the City and DFWII hereby agree as follows: SECTION 1 SCOPE OF SERVICES 1.1 Premises. For and in consideration of this Agreement and the agreements of the Parties expressed herein, DFWII shall provide management and maintenance services for five City -owned parks known as: Burnett Memorial Park, General Worth Square Park, Hyde Park, Peter Smith Park, and Federal Plaza Park, as set forth in greater detail in Exhibit A, which is attached hereto and incorporated herein ("Premises"). 1.2 DFWII agrees to perform or ensure the performance of the management and maintenance services as set forth in Exhibit A, attached hereto and incorporated herein for all purposes ("Services"). 1.3 The City and DFWII are parties to two existing Park Management Services Agreements regarding Burnett Memorial Park and General Worth Square Park, City Secretary Contract Numbers 46819 and 49902. City and DFWII agree upon execution of this Agreement the City and DFWII will execute a termination of the aforementioned agreements to eliminate conflicting responsibilities. 1.4 DFWII shall provide the Services in a sound, economic, and efficient manner, and in accordance with the terms of this Agreement and all applicable industry standards. In providing such Services, DFWII shall ensure that the work involved is properly coordinated with any related work performed by the City, prior to undertaking any such work. 1.5 DFWII represents and warrants that is 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 in accordance with the Agreement. 1.6 In the event that any City -owned property, such as utilities, park development improvement, equipment, turf, and the like are damaged or destroyed due to any acts of omissions of DFWII or its officers, agents, employees, representatives, servants, contractors, subcontractors, or invitees or in the performance of the Services set forth herein, DFWII shall be solely responsible for all repairs or improvements at no cost to the City. City shall determine whether any damage has been done, the amount of the damage, the reasonable costs of repairing the damage, and whether DFWII is responsible. City shall be the sole judge of the damage to the Premises, which judgment shall be exercised reasonably. Any damage by DFWII shall be repaired or replaced by DFWII to the reasonable satisfaction of the Director of the City's Park & Recreation Department or that person's designee ("Director") within thirty (30) days of receipt of written notification from the Director. Park Management Services Agreement City of Fort Worth and DFWII Page 2 of 31 SECTION 2 TERM AND TERMINATION 2.1 Term. Unless terminated earlier pursuant to the terms herein, the initial term of this Agreement shall be for one (1) year effective beginning on October 1, 2025, and expire on September 30, 2026 ("Initial Term"). 2.2 Holdover Tenancy. Unless terminated earlier pursuant the terms herein, this Agreement will expire without further notice when the Term expires. Any holding over by DFWII after the expiration of the initial term or any renewal term will not constitute a renewal of the Agreement or give DFWII any rights under the Agreement to the Premises, except as a tenant at will. SECTION 3 COMPENSATION AND PAYMENTS 3.1 Funding. During the Initial Term, on a reimbursement basis, the City shall pay DFWII the following amounts for the Premises, which is equal to the amount budgeted by the Fort Worth City Council to provide basic landscaping, maintenance and other services: i. Burnett Memorial Park: $48,477.00 ii. General Worth Square Park: $34,030.00 iii. Hyde Park: $7,425.00 iv. Federal Plaza Park: $9,550.00 V. Peter Smith Park: $8,025.00 3.2 Renewals. For each Renewal Term, the City agrees to provide funding, on a quarterly reimbursement basis, to DFWII in an amount up to the equivalent of the funds authorized by the annual City budget adopted by the Fort Worth City Council for basic grounds maintenance and landscaping and other services in the Park as would ordinarily be conducted by the Park & Recreation Department. 3.3 Annual Consumer Price Index Increase Requests. Requests to annually increase funding, in an amount not to exceed the Consumer Price Index issued by the United States 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 ("CPI"), on a reimbursement basis, must be approved by the Director, 30 days prior to October 1st of each year. Any increase approved by the Director will require an amendment to this Agreement. shall: SECTION 4 DUTIES AND RESPONSIBILITIES 4.1 In addition to any other duties and responsibilities set forth in this Agreement, DFWII 4.1.1 Ensure that the DFWII's use of the Premises complies with any and all policies, rules, and regulations governing the use of the Premises, as further described in Exhibit A. The City will provide a copy of any such policies, rules, and regulations within a Park Management Services Agreement City of Fort Worth and DFWII Page 3 of 31 reasonable time after request by the DFWII. 4.1.2 Immediately report any maintenance or repair needs outside of their agreed upon scope of services to the Park Operations District Superintendent of the Premises. 4.1.3 Be solely responsible for initiating, maintaining, and supervising all safety precautions in connection with DFWII's use of the Premises. 4.1.4 Install, maintain, and replace all plantings and planting material in the Area, including, but not limited to, watering shrubs, and grass in accordance with the plans approved by the Director or his designee. 4.1.5 Work directly with the City's Forester's Office to obtain any necessary permits (tree planting and/or removal, tree pruning, etc.). 4.1.6 Abide by the insurance requirements set forth in Exhibit B, which is attached hereto and incorporated herein for all purposes. 4.1.7 Designate a point of contact for Service administration and reporting requirements ("Service Point of Contact"). The initial Service Point of Contact shall be: Andrew Taft, President Office: (817) 870-1692 Email: andy@dfwi.org 4.2 The City shall: 4.2.1 Furnish existing utilities available at the Premises, if such utilities exist, at all times, for the ordinary and intended use of such, which may include lighting and water for ordinary and intended use. 4.2.2 Designate a City employee to serve as the point of contact for Service administration and reporting requirements ("City Point of Contact"). The initial City Point of Contact shall be: Clinton S. Wyatt, District Superintendent Office: (817) 392-5763 Email: cinton.wyattkfortworthtexas.gov 4.2.3 As soon as is reasonably practical, notify DFWII, through its Service Point of Contact, of any closure of the Premises. 4.2.4 Notify DFWII, through its Service Point of Contact, of all complaints received. 4.2.5 City shall conduct inspections, at a minimum, on a quarterly basis to ensure compliance with this Agreement. Additionally, unscheduled inspections can occur at the City's discretion. Notification shall be made to DFWII in a timely manner of any deficiencies noted. Park Management Services Agreement City of Fort Worth and DFW11 Page 4 of 31 4.2.6 Coordinate annual meetings to review the Premises and Agreement terms. 4.2.7 City will pay all utility costs for the ordinary use and operation of the Parks, including, but not limited to electricity, water and sewer, directly to the appropriate utility company. SECTION 5 ALTERATIONS, RESTORATIONS, AND IMPROVEMENTS 5.1 DFWII may provide for alterations to or restorations of existing facilities or structures at the Premises or improvements to the Premises with the prior written approval of the Director. DFWII will have the right to manage construction of the alterations, restorations and improvements. City and DFWII agree that DFWII will perform all work in accordance with a set of plans and specifications pre -approved by the Director prior to beginning any work; in accordance with all applicable laws, ordinances, rules, regulations, and specifications of all federal, state, county, city, and other governmental agencies now or hereafter in effect; in a good and workman like manner; and in accordance with industry standards or care, skill and diligence. 5.2 Approval by the City of any plans and specifications relating to any construction shall not constitute or be deemed to be a release by the City of the responsibility or liability of DFWII or any of its contractors, and their officers, agents, employees and subcontractors, for the accuracy or the competency of the plans and specifications, including, but not limited to, any related investigations, surveys, designs, working drawings and other specifications or documents, or an assumption of any responsibility or liability by the City for any act, error or omission in the conduct or preparation of any investigation, surveys, designs, working drawings and other specifications or documents by the DFWII or any of its contractors, and their officers, agents, employees and subcontractors. The City shall own the plans and specifications. 5.3 All alterations, restorations, and improvements to the City property made with the written consent of the Director shall, upon completion and written acceptance by the City become the property of City. DFWII may be required to remove, at its expense, any alterations, restorations, or improvements not meeting specifications as approved by the City. SECTION 6 LIENS 6.1 DFWII acknowledges that it has no authority to engage in any act or to make any contract that may create or be the foundation for any lien upon the property or interest in the property of the City. If any such purported lien is created or filed, DFWII will not permit it to remain, and will, at its cost and expense, promptly discharge, all liens, encumbrances, and charges upon the Premises or a part thereof, arising out of the use or occupancy of the Premises or a part thereof by DFWII, by reason of any labor or materials furnished or claimed to have been furnished, by, through, or under DFWII, by reason of any construction, improvement, alteration, addition, repair, or demolition of any part of the Premises. DFWII's failure to discharge any such purported lien shall constitute a breach of this Agreement and the City may terminate this Agreement upon thirty (30) days written notice. However, DFWII's financial obligation to the City to liquidate and discharge such lien shall survive following termination of this Agreement and until such a time as the lien is discharged. Park Management Services Agreement City of Fort Worth and DFWII Page 5 of 31 SECTION 7 CARE OF THE PREMISES 7.1 DFWII, at DFWII's own expense, shall keep the Premises and maintain all equipment and other properties of the City in a safe, sanitary, sightly condition and in good repair during its use of the Premises; provided, however, the foregoing shall not be construed to require the DFWII to provide general janitorial services at the Premises. DFWII shall restore and yield said Premises, equipment, and all other properties belonging to the City back to the City, at the expiration of this Agreement, in good or better condition as they existed at the beginning of the Term and in which the DFWII found them. This shall only apply during such time as DFWII has use of the Premises as set forth in this Agreement. 7.2 DFWII will not do, or permit to be done, any injury or damage to the Premises, or any parts thereof, or permit to be done anything that will damage or change the finish or appearance of the Premises or the furnishings thereof or any other property belonging to the City by the erection or removal of equipment or any other improvements, alterations or additions. No decorative or other materials shall be nailed, tacked, screwed or otherwise physically attached to any part of the Premises or to any of the furnishings or fixtures of the City without the prior written consent of the Director. 7.3 Subject to ordinary wear and tear and to the extent allowed by law, DFWII will pay the costs of repairing any damage that may be done to the Premises or any of the fixtures, furniture or furnishings by any act of DFWII or any of DFWII's officers, representatives, servants, employees, agents, invitees, or anyone visiting the Premises upon the invitation of the DFWII. The City shall determine, in its reasonable discretion, whether any damage has occurred, the amount of the damage, the reasonable costs of repairing the damage, and whether, under the terms of the Agreement, the DFWII is responsible. The quality of the maintenance of the Premises, furnishings, fixtures or furniture by the DFWII shall be reasonably acceptable to the City. The costs of repairing any damage to the Premises shall be immediately due and payable by the DFWII upon DFWII's receipt of a written invoice from the City. SECTION 8 INDEPENDENT CONTRACTOR 8.1 It is expressly understood and agreed that DFWII will operate as an independent contractor as to all rights, privileges, and work performed under this Agreement, and not as agent, representative or employee of the City. Subject to and in accordance with the conditions and provisions of this Agreement, DFWII will have the exclusive right to control the details of its operations and activities and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, DFWIIs, and subcontractors. DFWII acknowledges that the doctrine of respondeat superior will not apply as between the City, its officers, agents, servants and employees, and vendors, its officers, agents, employees, servants, contractors, and subcontractors. DFWII further agrees that nothing herein will be construed as the creation of a partnership or joint enterprise between City and DFWII. It is further understood that City will in no way be considered a Co -employer or a Joint employer of DFWII or any officers, agents, servants, employees, contractors, or subcontractors. Neither DFWII, nor any officers, agents, servants, employees, contractors, or subcontractors of DFWII will be entitled to any employment benefits from City. DFWII will be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees, or contractors. SECTION 9 FORCE MAJEURE 9.1 If either Party is unable, either in whole or part, to fulfill its obligations under this Park Management Services Agreement City of Fort Worth and DFWII Page 6 of 31 Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades; insurrections; riots; pandemics and epidemics, including COVID-19; 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 the City government in accordance with applicable law; issuance of an Imminent Threat Alert or Elevated Threat Alert by the United States Department of Homeland Security or any equivalent alert system that may be instituted by any agency of the United States; any arrests and restraints; civil disturbances; or explosions; or some other reason beyond the Parry's reasonable control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such Force Majeure Event. If a Force Majeure Event occurs, the City may, in its sole discretion, close or postpone the opening of its community centers, parks, or other City -owned and operated properties and facilities in the interest of public safety and operate them as the City sees fit. DFWII hereby waives any claims it may have against the City for damages resulting from any such Force Majeure Event. SECTION 10 LIABILITY AND INDEMNIFICATION 10.1 LIABILITY - DFWII WILL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF DFWII, ITS OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 10.2 GENERAL INDEMNIFICATION- DFWII HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, REPRESENTATIVES, SERVANTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTYDAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO DFWII'S BUSINESS AND ANY RESULTING LOST PROFITS) AND PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANYAND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF DFWII, ITS OFFICERS, AGENTS, REPRSENTATIVES, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 10.3 INTELLECTUAL PROPERTY INDEMNIFICATION — DFWII agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the software or documentation in accordance with this Agreement, it being understood that this agreement to defend, settle or pay will not apply if City modifies or misuses the software and/or documentation. So long as DFWII bears the cost and expense of payment for claims or actions against City pursuant to this section, DFWII will have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City will have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with DFWII in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this Agreement, City will have the sole right to conduct the defense of any such claim or action and all Park Management Services Agreement City of Fort Worth and DFWII Page 7 of 31 negotiations for its settlement or compromise and to settle or compromise any such claim; however, DFWII will fully participate and cooperate with City in defense of such claim or action. City agrees to give DFWII timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses will not eliminate DFWII's duty to indemnify City under this Agreement. If the software and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, DFWII will, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the software and/or documentation; or (b) modify the software and/or documentation to make it non -infringing, provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; or (c) replace the software and documentation with equally suitable, compatible, and functionally equivalent non -infringing software and documentation at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to DFWII terminate this Agreement, and refund all amounts paid to DFWII by City, subsequent to which termination City may seek any and all remedies available to City under law. SECTION 11 AUDIT 11.1 DFWII agrees that City will, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of DFWII involving transactions relating to this Agreement at no additional cost to City. DFWII agrees that City will have access during normal working hours to all necessary DFWII facilities and will be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City will give DFWII reasonable advance notice of intended audits. SECTION 12 DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION 12.1 Disclosure of Conflicts. DFWII hereby warrants to City that DFWII has made full disclosure in writing of any existing or potential conflicts of interest related to DFWII's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, DFWII hereby agrees immediately to make full disclosure to City in writing. 12.2 Confidential Information. DFWII, for itself and its officers, agents and employees, agrees that it will treat all information provided to it by City ("City Information") as confidential and will not disclose any such information to a third party without the prior written approval of City. 12.3 Public Information Act. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. In the event there is a request for information marked Confidential or Proprietary, City will promptly notify DFWII. It will be the responsibility of DFWII to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 12.4 Unauthorized Access. DFWII must store and maintain City Information in a secure manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in Park Management Services Agreement City of Fort Worth and DFWII Page 8 of 31 any way. DFWII must notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, DFWII will, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and will fully cooperate with City to protect such City Information from further unauthorized disclosure. SECTION 13 TERMINATION 13.1 This Agreement may be terminated without cause by the DFWII upon thirty (30) days' written notice of such intent to terminate being delivered to the City. This Agreement may be terminated without cause by the City immediately upon written notice to DFWII of such intent to terminate. 13.2 Gratuities. The City may terminate this Agreement if it is found that gratuities in the form of entertainment, gifts or otherwise were offered or given by DFWII or any agent or representative to any City official or employee with a view toward securing favorable treatment with respect to the awarding, amending, or making of any determinations with respect to the performance of this Agreement. In the event this Agreement is canceled by the City pursuant to this section, the City shall be entitled, in addition to any other rights and remedies, to recover from DFWII a sum equal in amount to the cost incurred by DFWII in providing such gratuities. 13.3 Fiscal Funding Out. Notwithstanding anything to the contrary, if, for any reason, at any time during the term of the Agreement, the Fort Worth City Council fails to appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the City may terminate the portion of the Agreement regarding such obligations to be effective on the last of ninety (90) calendar days following delivery by the City to DFWII of written notice of the City's intention to terminate; or the last date for which funding has been appropriated by the Fort Worth City Council for the purposes set forth in this Agreement. 13.4 DFWII's Duties Upon Expiration or Termination. Prior to the effective date for expiration or termination of this Agreement, DFWII shall promptly remove all of its personal property; provided, however, DFWII shall not be obligated to remove any fixtures. DFWII shall also repair any DFWII-caused damage to the Premises, including, but not limited to, any damage that DFWII causes during removal of DFWII's property, to the reasonable satisfaction of the Director. 13.4.1 If DFWII fails to comply with its obligations in this Section, the City may, at its sole discretion, remove DFWII's personal property and otherwise repair the Premises and invoice DFWII for the City's costs and expenses incurred, such invoice to be due and payable to the City within thirty (30) calendar days of its delivery to DFWII; or following no less than thirty (30) calendar days prior written notice to DFWII, take and hold any DFWII personal property as the City's sole property; or pursue any remedy at law or in equity available to the City. If DFWII fails to surrender the Premises to the City following termination or expiration, all liabilities and obligations of DFWII hereunder shall continue in effect until such is surrendered. 13.4.2 Upon termination, all funds owed to the City shall be due and payable by the tenth (10th) calendar day after the effective date of termination, unless stated otherwise in this Agreement. 13.5 Other Remedies. Any termination of this Agreement as provided in this Agreement will Park Management Services Agreement City of Fort Worth and DFWII Page 9 of 31 not relieve DFWII from paying any sum or sums due and payable to the City under this Agreement that remains unpaid and due at the time of termination, or any claim for damages then or previously accruing against DFWII under this Agreement. Any such termination will not prevent the City from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from DFWII for any default under the Agreement. All of the City's rights, options, and remedies under this Agreement will be construed to be cumulative, and not one of them is exclusive of the other. The City may pursue any or all such remedies or any other remedy or relief provided by law, whether or not stated in this Agreement. No such termination shall relieve the City from any obligation it may have to DFWII hereunder and the City may pursue any and all rights and remedies or relief provided by law, whether or not stated in this Agreement. SECTION 14 ASSIGNMENT AND SUBCONTRACTING 14.1 Assignment. DFWII will not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee will execute a written agreement with City and DFWII under which the assignee agrees to be bound by the duties and obligations of DFWII under this Agreement. DFWII will be liable for all obligations of DFWII under this Agreement prior to the effective date of the assignment. 14.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute a written agreement with DFWII referencing this Agreement under which subcontractor agrees to be bound by the duties and obligations of DFWII under this Agreement as such duties and obligations may apply. DFWII must provide City with a fully executed copy of any such subcontract. SECTION 15 COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS 15.1 DFWII agrees that in the performance of its obligations hereunder, it will comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies DFWII of any violation of such laws, ordinances, rules or regulations, DFWII must immediately desist from and correct the violation. SECTION 16 NON-DISCRIMINATION COVENANT 16.1 DFWII, for itself, its personal representatives, assigns, contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the performance of DFWII's duties and obligations hereunder, it will not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY DFWII, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, DFWII AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. SECTION 17 RIGHT OF ENTRY AND INSPECTION 17.1 The 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. After Park Management Services Agreement City of Fort Worth and DFWII Page 10 of 31 receiving notice sent by the City at least 24 hours in advance, DFWII must permit the City or its agents, representatives, or employees to enter the Premises for the purposes of inspection; determining whether DFWII is complying with this Agreement; maintaining, repairing, or altering the Premises; or any other reasonable purpose. During any inspection, the City may perform any obligations that the City is authorized or required to perform under the terms of this Agreement or pursuant to its governmental duties under federal state or local laws, rules or regulations. In the event of an emergency, no advance notice from the City is required. SECTION 18 LICENSES AND PERMITS 18.1 DFWII shall, at its sole expense, obtain and keep in effect all licenses and permits necessary for its operations. SECTION 19 NOTICES 19.1 All notices required or permitted under this Agreement, except for notifications required to be given to a City Point of Contact or Project Point of Contact, may be given to a Party by receipted overnight courier (such as Federal Express or UPS) or by United States certified mail, return receipt requested, addressed to such party at the address stated below or to such other address as one Parry 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: City of Fort Worth Park & Recreation Director 100 Fort Worth Trail Fort Worth, Texas 76102 With copies to: City of Fort Worth Assistant City Manager 100 Fort Worth Trail Fort Worth, Texas 76102 DFWII Downtown Fort Worth Initiatives, Inc. Attn.: Andrew Taft 777 Taylor Street, Ste. 100 Fort Worth., Texas 76102 With copy to Fort Worth City Attorney's Office at same address. SECTION 20 SOLICITATION OF EMPLOYEES 20.1 Neither City nor DFWII will, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. Park Management Services Agreement City of Fort Worth and DFWII Page 11 of 31 SECTION 21 GOVERNMENTAL POWERS 21.1 It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. SECTION 22 NO WAIVER 22.1 The failure of City or DFWII to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or DFWII's respective right to insist upon appropriate performance or to assert any such right on any future occasion. SECTION 23 GOVERNING LAW/ VENUE 23.1 This Agreement will be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. SECTION 24 SEVERABILITY 24.1 If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. SECTION 25 HEADINGS NOT CONTROLLING 25.1 Headings and titles used in this Agreement are for reference purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. SECTION 26 REVIEW OF COUNSEL 26.1 The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement or Exhibits A and B. SECTION 27 AMENDMENTS/ MODIFICATIONS/ EXTENSIONS 27.1 No amendment, modification, or extension of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. Park Management Services Agreement City of Fort Worth and DFWII Page 12 of 31 SECTION 28 COUNTERPARTS 28.1 This Agreement may be executed in one or more counterparts, and each counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute one and the same instrument. SECTION 29 WARRANTY OF SERVICES 29.1 DFWII warrants that its services will be of a high quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty (30) days from the date that the services are completed. In such event, at DFWII's option, DFWII will either (a) use commercially reasonable efforts to re -perform the services in a manner that conforms with the warranty, or (b) refund the fees paid by City to DFWII for the nonconforming services. SECTION 30 IMMIGRATION AND NATIONALITY ACT 30.1 DFWII must verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I- 9). Upon request by City, DFWII will provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. DFWII must adhere to all federal and state laws and establish appropriate procedures and controls so that no services will be performed by any DFWII employee who is not legally eligible to perform such services. DFWII WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DFWII, DFWII'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR AGENTS. City, upon written notice to DFWII, will have the right to immediately terminate this Agreement for violations of this provision by DFWII. SECTION 31 OWNERSHIP OF WORK PRODUCT 31.1 City will be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation that are created, published, displayed, or produced in conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City will be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product will be considered a "work -made -for -hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work -made -for -hire" within the meaning of the Copyright Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim, lien for balance due, or rights of retention thereto on the part of City. SECTION 32 SIGNATURE AUTHORITY 32.1 The person signing this Agreement hereby warrants that they have the legal authority to Park Management Services Agreement City of Fort Worth and DFWII Page 13 of 31 execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto, may be executed by any authorized representative of DFWII. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. SECTION 33 CHANGE IN COMPANY NAME OR OWNERSHIP 33.1 DFWII must notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of DFWII or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation may adversely impact future invoice payments. SECTION 34 NO BOYCOTT OF ISRAEL 34.1 If DFWII has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. DFWII acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code. To the extent that Chapter 2271 of the Government Code is applicable to this Agreement, by signing this Agreement, DFWII certifies that DFWII's signature provides written verification to the City that DFWII: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. SECTION 35 PROHIBITION ON BOYCOTTING ENERGY COMPANIES 35.1 If DFWII has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. DFWII acknowledges that, in accordance with Chapter 2274 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, DFWII certifies that DFWII's signature provides written verification to the City that DFWII: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. SECTION 36 PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES. 36.1 If DFWII has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. DFWII acknowledges in accordance with Chapter 2274 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, Park Management Services Agreement City of Fort Worth and DFWII Page 14 of 31 guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms in Chapter 2274 of the Texas Government Code. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, DFWII certifies that DFWII's signature provides written verification to the City that DFWII: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. SECTION 37 ELECTRONIC SIGNATURES 37.1 This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions (e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign. SECTION 38 ENTIRETY OF AGREEMENT 38.1 This Agreement contains the entire understanding and agreement between City and DFWII, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. (Signatures on following page) Park Management Services Agreement City of Fort Worth and DFWII Page 15 of 31 IN WITNESS WHEREOF, the Parties have executed this Agreement in multiples to be effective on the date set forth in Section 3. City: By: Dana Burghdoff (Mar 17, 026 14:37:12 CDT) Name: Dana Burgdoff Title: Assistant City Manager 03/17/2026 Date: DFWII: i An y Taft (Mar 16, 2026 11:43:52 CDT) Name: Andrew Taft Title: President Email: Email: andy@dfwi.org FOR CITY OF FORT WORTH INTERNAL PROCESSES: Approval Recommended: B y: ) ow ) 9 Name: Dave Lewis Title: Director Park & Recreation Department By: Joel McKnight (Mar 16, 2026 11:45:02 CDT) Name: Joel McKnight Title: Assistant Director Park & Recreation Department Approved as to Form and Legality: �9�atif6� By: Name: Hye Won Kim Title: Assistant City Attorney Contract Authorization: M&C: 25-1086 (11/18/2025) Form 1295: 2025-1352623 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: Name: Clinton Wyatt Title: District Superintendent Park & Recreation Department City Secretary: By. Name: Jannette S. Goodall Title: City Secretary 4.v�aan>z 4 o v dvo g=A ° °o*000000 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Park Management Services Agreement City of Fort Worth and DFWII Page 16 of 31 EXHIBIT A PREMISES AND SCOPE OF SERVICES DFWII shall provide competent, qualified, and trained staff employed by DFWII to provide the following administrative and management services for maintenance and operation of the Premises: Park Management 1. Services that are necessary to supervise the daily maintenance necessary to keep the Premises in a clean, operational, and trash free condition with healthy turf, trees, shrubs and year-round flower plantings; 2. Recruiting, hiring, paying and supervising the work force, which DFWII will hire to furnish all Services to the Park; 3. Provide landscaping, turf maintenance, tree and shrub maintenance, mechanical, plumbing and electrical maintenance, and other services that DFWII elects to provide; 4. Management, financial and program monitoring systems for operation of the Park; 5. Provide any reports requested by the Director concerning maintenance and operation of the Park within thirty (30) calendar days after such request by the Director, unless agreed to otherwise by the parties in writing; 6. Office space for DFWII's administrative and management personnel; 7. Recommendation of actions and guidelines that the City could take to regulate activities in the Park to maximize the contribution of activities and events in the Park; 8. To participate in private or public meetings concerning operations and services in the Park; 9. Liaison between the City, adjacent property owners, Park users, interested persons and groups to ensure successful operation and maintenance of the Park; 10. Provide supervision and monitoring for the performance of subcontractors who are employed by DFWII; 11. Assistance to the City's Park & Recreation Department concerning use of the Park; 12. Assistance to City in briefing interested parties concerning proposed activities and projects that would enhance the beauty and use of the Park; 13. Information/complaint center for all matters relating to operation and maintenance of the Park and advising City in a timely manner of any problems with City -owned equipment or facilities in the Park; Reservations and Events 14. Be responsible for managing and booking park reservations, issuing reservation agreements and collecting park reservation fees. Park Management Services Agreement City of Fort Worth and DFWII Page 17 of 31 15. DFWII shall charge all fees related to the reservation of the Parks, including but not limited to reservation fees, commercial photography fees, cancellation fees, late fees, set- up and break -down fees, retained damage deposits, admission fees, concession fees, and merchandise sales in accordance with the Park & Recreation Department's policies and fee schedules, and shall retain all records relating to park reservations and the charging and collection of fees. 16. DFWII may not grant a waiver of any fees if such waiver has not been authorized by the City Council. 17. Any affiliate of DFWII that chooses to reserve the Parks or hold an event at the Parks must pay all applicable fees and obtain all necessary permits in accordance with the Park & Recreation Department's policies and fee schedules. 18. DFWII shall provide the City with a quarterly event calendar showing all future reservations for the Parks. The quarterly event calendar shall be delivered to the City on January 1, April 1, June 30 and October 1 of each year. 19. DFWII shall not allow an admission fee to be charged at the Parks without the written approval of the Park & Recreation Department Director. 20. DFWII may allow alcohol sales at the Parks, but must keep records of all licenses and permits required by the Texas Alcoholic Beverage Commission; Maintenance and Landscaping Program- detailed below for each park, in Exhibits A-1, A-2., A-3, A-4, and A-5 Park Management Services Agreement City of Fort Worth and DFWII Page 18 of 31 1�1;�,11�3MIIQiI Burnett Memorial Park 501 W. 7th ST., Fort Worth, TX 76102 Maintenance and Landscaping Program 1. DFWII shall provide the following maintenance service in the Park either directly or through a subcontractor: a. Keep the park in a clean condition by: i. Maintaining the walkways, benches, and planters clear of debris; ii. Emptying the trashcan 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, and the like; iv. Regularly washing off the surfaces of bird waste, spilled drinks and food; and v. Removing graffiti to the best of the DFWII's ability within 24 hours of notification by the Director (within a normal work week). b. Keep the turf, plantings, trees and shrubs in a healthy green appearance by: Park Management Services Agreement City of Fort Worth and DFWII Page 19 of 31 i. Watering in accordance with the tree watering policy (see Exhibit C), fertilizing, inspecting, pruning, treatment of wounds, disease control, insect control, three planting of blooms a year (tulips and the spring planting to be considered one planting), and any other actions necessary to keep all plant life in a healthy appearance, including, but not limited to, re -seeding or sodding the turf, adding additional ground cover, and trimming the trees to provide more defensible space in the Park; and ii. Operating, repairing, and maintaining irrigation systems and watering in accordance to city watering policies. c. Keep the Park in year-round blooms with seasonal plantings in the Fall, Spring, and Summer: d. Keep the fountains in a clean, well -maintained appearance by doing the following: i. Cleaning and vacuuming the fountains daily (5 days a week) or as necessary to keep them trash free and clean; and ii. Maintaining the correct level of chemicals to ensure 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 the following: i. Frequent and periodic preventative maintenance of the pumps; ii. Clean out of the reservoir once or twice a year, depending upon need; iii. Maintaining the proper amounts of chemicals for the chlorination of the fountains; iv. Frequent and periodic monitoring of the electrical system by a licensed electrician to ensure proper operation of all electrical systems; and v. In case of equipment failure, replace damaged equipment in a timely manner, after informing the Director of the nature of the equipment failure f. Be responsive to any requests for service in the Park by the Director. Park Management Services Agreement City of Fort Worth and DFWII Page 20 of 31 EXHIBIT A-2 General Worth Square 801 Main Street, Fort Worth, Texas 76102 Park Management - Maintenance and Landscaping Program A portion of the General Worth Square Park contains a plaza with a tribute to President John F. Kennedy ("JFK") that tells the story of JFK's visit to Fort Worth on November 22, 1963. The tribute consists of an eight -foot bronze sculpture of JFK titled "John F. Kennedy", an interpretive exhibit, water feature, hardscape elements, and landscaping. The City, through its Public Art Program, will maintain the eight - foot bronze sculpture of JFK. DFWII shall be responsible for maintaining all other elements of the JFK Tribute in the Park, including the water feature, hardscape elements, interpretive exhibits, and landscaping in accordance with the Agreement. DFWII shall provide the following maintenance service in the Park either directly or through a subcontractor: a. Keep the park in a clean condition by: i. Maintaining the walkways, 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, and the like; Park Management Services Agreement City of Fort Worth and DFWII Page 21 of 31 iv. Regularly washing sidewalks, hard surfaces, and park furnishings of bird waste, spilled drinks and food; and v. Removing graffiti to the best of the DFWII's ability within 24 hours of notification by the Director (within a normal work week). b. Keep the turf, plantings, trees and shrubs in a healthy green appearance by: i. Watering in accordance with the tree watering policy (see Exhibit C), fertilizing, inspecting, pruning, treatment of wounds, disease control, insect control, three planting of blooms a year (tulips and the spring planting to be considered one planting), and any other actions necessary to keep all plant life in a healthy appearance, including, but not limited to, re -seeding or sodding the turf, adding additional ground cover, and trimming the trees to provide more defensible space in the Park; and ii, Operating, repairing, and maintaining irrigation systems and watering in accordance with city watering policies. c. Keep the Park in year-round blooms with seasonal plantings in the Fall, Spring, and Summer: d. Keep the fountains in a clean, well -maintained appearance by doing the following: i. Cleaning and vacuuming the fountains daily (5 days a week) or as necessary to keep them trash free and clean; and ii. Maintaining the correct level of chemicals to ensure 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 the following: i. Frequent and periodic preventative maintenance of the pumps; ii. Clean out of the reservoir once or twice a year, depending upon need; iii. Maintaining the proper amounts of chemicals for the chlorination of the fountains; iv. Frequent and periodic monitoring of the electrical system by a licensed electrician to ensure proper operation of all electrical systems; and v. In case of equipment failure, replace damaged equipment in a timely manner, after informing the Director of the nature of the equipment failure £ Be responsive to any requests for service in the Park by the Director. Park Management Services Agreement City of Fort Worth and DFWII Page 22 of 31 EXHIBIT A-3 Federal Plaza 1000 Throckmorton Street, Fort Worth 76102 s r. . Park Management - Maintenance and Landscaping Program 1. DFWII shall provide the following maintenance service in the Park either directly or through a subcontractor: a. Keep the park in a clean condition by: i. Maintaining the walkways, 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, and the like; iv. Regularly washing off the surfaces of bird waste, spilled drinks and food; and v. Removing graffiti to the best of the DFWII's ability within 24 hours of notification by the Director (within a normal work week). b. Keep the turf, planting, trees and shrubs in a healthy green appearance by: Park Management Services Agreement City of Fort Worth and DFW1I Page 23 of 31 i. Watering in accordance with the tree watering policy (see Exhibit C), fertilizing, inspecting, pruning, treatment of wounds, disease control, insect control, three planting of blooms a year (tulips and the spring planting to be considered one planting), and any other actions necessary to keep all plant life in a healthy appearance, including, but not limited to, re -seeding or sodding the turf, adding additional ground cover, and trimming the trees to provide more defensible space in the Park; and ii. Operating, repairing, and maintaining irrigation systems and watering in accordance with city watering policies. c. Keep the Park in year-round blooms with seasonal plantings in the Fall, Spring, and Summer: d. Keep the fountain in a clean, well -maintained appearance by doing the following: i. Cleaning and vacuuming the fountains daily (5 days a week) or as necessary to keep them trash free and clean. e. Be responsive to any requests for service in the Park by the Director. Park Management Services Agreement City of Fort Worth and DFWII Page 24 of 31 EXHIBIT A-4 Peter Smith Park 901 Jennings Ave, Fort Worth 76102 Park Management - Maintenance and Landscaping Program 1. DFWII shall provide the following maintenance service in the Park either directly or through a subcontractor: a. Keep the park in a clean condition by: i. Maintaining the walkways, 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, and the like; iv. Regularly washing sidewalks, hard surfaces, and park furnishings of bird waste, spilled drinks and food; and v. Removing graffiti to the best of the DFWII's ability within 24 hours of notification by the Director (within a normal work week). b. Keep the turf, plantings, trees and shrubs in a healthy green appearance by: Park Management Services Agreement City of Fort Worth and DFWII Page 25 of 31 i. Watering in accordance with the tree watering policy (see Exhibit C), fertilizing, inspecting, pruning, treatment of wounds, disease control, insect control, three planting of blooms a year (tulips and the spring planting to be considered one planting), and any other actions necessary to keep all plant life in a healthy appearance, including, but not limited to, re -seeding or sodding the turf, adding additional ground cover, and trimming the trees to provide more defensible space in the Park; and ii. Operating, repairing, and maintaining irrigation systems and watering in accordance with city watering policies. c. Keep the Park in year-round blooms with seasonal plantings in the Fall, Spring, and Summer: d. Keep the Lloyd Bowman/ Peter Smith marble art structure clean in accordance with Fort Worth Public Art's best management practices. Maintain a land bed around the public art structure. e. Be responsive to any requests for service in the Park by the Director. Park Management Services Agreement City of Fort Worth and DFWII Page 26 of 31 EXHIBIT A-5 Hyde Park 201 West 9th Street, Fort Worth 76102 Park Management - Maintenance and Landscaping Program 1. DFWII shall provide the following maintenance service in the Park either directly or through a subcontractor: a. Keep the park in a clean condition by: i. Maintaining the walkways, benches, and planters clear of debris; ii. Emptying the trashcan 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, and the like; iv. Regularly washing sidewalks, hard surfaces and park furnishings of bird waste, spilled drinks and food; and v. Removing graffiti to the best of the DFWII's ability within 24 hours of notification by the Director (within a normal work week). b. Keep the turf, plantings, trees and shrubs in a healthy green appearance by: Park Management Services Agreement City of Fort Worth and DFWII Page 27 of 31 Watering in accordance with the tree watering policy (see Exhibit C), fertilizing, inspecting, pruning, treatment of wounds, disease control, insect control, three planting of blooms a year (tulips and the spring planting to be considered one planting), and any other actions necessary to keep all plant life in a healthy appearance, including, but not limited to, re -seeding or sodding the turf, adding additional ground cover, and trimming the trees to provide more defensible space in the Park; and Operating, repairing, and maintaining irrigation systems and watering in accordance with city watering policies. c. Keep the Park in year-round blooms with seasonal plantings in the Fall, Spring, and Summer. d. Be responsive to any requests for service in the Park by the Director. Park Management Services Agreement City of Fort Worth and DFWII Page 28 of 31 EXHIBIT B INSURANCE Insurance. DFWII must provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any Services pursuant to this Agreement: Coverage and Limits (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Coverage will be on any vehicle used by DFWII, or its employees, agents, or representatives in the course of providing Services under this Agreement. "Any vehicle" will be any vehicle owned, hired and non -owned. (c) Worker's Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the Services are being performed Employers' liability $100,000 - Bodily Injury by accident; each accident/occurrence $100,000 - Bodily Injury by disease; each employee $500,000 - Bodily Injury by disease; policy limit (d) Professional Liability (Errors & Omissions): ❑ Applicable ® N/A $1,000,000 - Each Claim Limit $1,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage must be claims -made and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance must be submitted to City to evidence coverage. General Requirements (a) The commercial general liability and automobile liability policies must name City as an additional insured thereon, as its interests may appear. The term City includes its employees, officers, officials, agents, and volunteers in respect to the contracted services. Park Management Services Agreement City of Fort Worth and DFWII Page 29 of 31 (b) The workers' compensation policy must include a Waiver of Subrogation (Right of Recovery) in favor of City. (c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage must be provided to City. Ten (10) days' notice will be acceptable in the event of non-payment of premium. Notice must be sent to the City in accordance with the notice provision of this Agreement. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. (e) Any failure on the part of City to request required insurance documentation will not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that DFWII has obtained all required insurance will be delivered to the City prior to DFWII proceeding with any work pursuant to this Agreement. Park Management Services Agreement City of Fort Worth and DFWII Page 30 of 31 EXHIBIT C TREE WATERING POLICY The DWFII is hereby authorized to provide maintenance to trees planted in the Area. DFWII must provide, at its own expense, all labor necessary to provide water to said trees. 2. DFWII agrees to provide a minimum amount of water to maintain a consistently moist, but not wet root zone (a soil moisture content between the wilting point and field capacity), typically 7-10 gallons per week for each tree. The watering is to continue for a minimum of two years or until such time as the trees become established. DFWII must maintain the planting area by mulching and weeding the water ring that was constructed around each tree at the time of planting. Mulch for this purpose may be obtained at Rolling Hills Park at 2525 Joe B. Rushing Road. 4. DFWII will be notified in writing in the event the representative observes drought stress due to lack of watering. DFWII must remedy any issues within fourteen (14) calendar days after the City sends such written notice or within such time as agreed to otherwise by the parties in writing. 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CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2025-1352623 Downtown Fort Worth Initiatives, Inc. Fort Worth, TX United States Date Filed: 08/20/2025 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Fort Worth Date Acknowledged: g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. FY26 Park Management Management of Downtown Fort Worth Parks Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ x 6 UNSWORN DECLARATION ' ! ( . My address is-7711 MIA I Or- SI s� I, too . F�r�Wo(�+ h ,T�, o 2 os A . �I (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. �7 Executed in TC2(—J r� County, State of Tnca S , on the o W d y of 20 GS. (m3n[h) (year) ignature of authorized aptnt cycontracting business entity (Da I rant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us V Version V4.1.0.f10d0fd8 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: D F W I I Subject of the Agreement: New Park Management Services Agreement for DFWII to provide ancillary management and maintenance services for the following five city -owned parks: Hyde Park, Peter Smith Park, Federal Plaza Park, Burnett Memorial Park, and General Worth Square Park. M&C Approved by the Council? * Yes N No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No Ifso, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No. If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: Expiration Date: If different from the approval date. If applicable. Is a 1295 Form required? * Yes N No ❑ *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 No ❑ Contracts need to be routed for CSO processing in the followingorder: rder: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.