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HomeMy WebLinkAbout065656 - Construction-Related - Contract - Streams & Valleys, Inc.CSC No. 65656 MAINTENANCE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND STREAMS & VALLEYS, INC. This MAINTENANCE AGREEMENT ("Maintenance Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a home -rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager and STREAMS & VALLEYS, INC. ("S&V" ), a Texas non-profit Corporation. The City and Contractor are herein referred to individually as a ("Parry") and Collectively as the ("Parties"). WHEREAS, the City owns the property known as Tilley Plaza located within Trinity Park at 2401 University Dr., Fort Worth, Texas 76109; WHEREAS, on August 12, 2025, the Fort Worth City Council authorized use of $750,000.00 from the Future Community Partnerships Programmable Project (City Programmable No. P00047) for the construction of Tilley Plaza (City Project No. 104094), the same being Mayor and Council (M&C) Communication 25-0744; WHEREAS, through M&C 25-0744, Fort Worth City Council allowed for matching funds from Streams & Valleys, Inc. in an amount of $750,000.00 for the Tilley Plaza project; WHEREAS, the enhancement plan ("Project") at Tilley Plaza included redesigned pathways connecting to the pedestrian bridge, a tree grove with seating overlooking the river, enhanced landscaping with ornamental trees and native plantings, and electrical upgrades providing outdoor receptacles to support various programming; WHEREAS, S&V was formed in 1971 as a non-profit organization dedicated to the beautification of the river and the development of the river system as a recreational amenity; WHEREAS, S&V's mission is to coordinate recreation enhancements, beautification efforts and public recognition of the Trinity River and its tributaries in Fort Worth and Tarrant County through volunteer recruiting, fundraising, development and event programing; WHEREAS, S&V wishes to provide the continued maintenance for the Project enhancements at the southwest end of the Phyllis J. Tilly Memorial Bridge; and WHEREAS, 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. NOW, THEREFORE, in consideration of the covenants and agreements contained in this Maintenance Agreement, the City and S&V hereby agree as follows: OFFICIAL RECORD SECTION 1 CITY SECRETARY PREMISES FT. WORTH, TX 1.1 Premises. For and in consideration of this Maintenance Agreement and the Streams & Valleys, Inc. and City of Fort Worth Maintenance Agreement Page 1 of 26 agreements of the Parties expressed herein, S&V shall provide the continued maintenance of the Project enhancements at the southwest end of the Tilley Plaza located at 2401 University Dr., Fort Worth, Texas 76109, Exhibit A, which is attached hereto and incorporated herein ("Premises"). 1.2 Condition of the Premises. S&V agrees that they have examined the Premises prior to the execution of this Maintenance Agreement and is satisfied with the physical condition of the Premises. S&V's taking possession of the Premises shall be conclusive evidence of its receipt of the Premises in a safe, sanitary, and good condition and repair. S&V AGREES THAT IT IS TAKING THE PREMISES IN ITS CURRENT "AS IS" CONDITION WITH NO REPRESENTATIONS OR WARRANTIES OF ANY NATURE WHATSOEVER BY CITY. 1.3 Any modifications to the Premises must be approved by the City and set forth in a written amendment to this Maintenance Agreement. SECTION 2 USE OF THE PREMISES 2.1 S&V may use the Premises for the purpose of maintaining the Plaza space located at the west end of the Phyllis J. Tilly Memorial Bridge ("Project") and for no other purpose. 2.2 Except due to emergency circumstances or Force Majeure Events, the City agrees to notify S&V of any change in the hours of operation of the Premises by providing S&V with written notice, within a reasonable time prior to the change taking effect. The City agrees to provide similar notice to S&V should the Premises not be available to the S&V due to special events, scheduled maintenance or other non -emergency closures. In the event of a change in hours or availability, such change shall not give rise to any claim against the City by the S&V, whether for lost profits, cost, overhead, or otherwise. 2.3 S&V may bring into the Premises, any equipment reasonably necessary to further the intended use of the Premises. However, the City reserves the right to prohibit any equipment which, in the City's sole discretion, may be dangerous or harmful to Project Participants or the Premises. 2.4 S&V may not use any part of the Premises for any use or purpose that violates any applicable law, regulation, or ordinance of the United States, the State of Texas, the County of Tarrant, or the City of Fort Worth, or other lawful authority with jurisdiction of the Premises. 2.5 S&V understands and agrees that the parking areas in the parks are not for the exclusive use of the S&V and that the City and patrons of the parks may use the parking spaces at any time. 2.6 This Maintenance Agreement and all rights granted to S&V herein are strictly non-exclusive. The City reserves the right to enter into and grant other and future licenses, leases, and other authorizations for use of the Premises to other persons and entities as the City Streams & Valleys, Inc. and City of Fort Worth Maintenance Agreement Page 2 of 26 deems appropriate in accordance with applicable law; provided, however, that in granting subsequent authorization for use, the City will not allow a use that will unreasonably interfere with the S&V's use of the Premises as provided herein. This Maintenance Agreement does not establish any priority for the use of the Premises by the S&V or by any present or future S&Vs. In the event of any dispute as to the priority of use of the Premises, the first priority shall be to the public generally, the second priority to the City in the performance of its various functions, and thereafter, as between S&Vs, as determined by the City in the exercise of its powers, including the police power and other powers reserved to and conferred on it by the State of Texas. SECTION 3 TERM 3.1 Term. The initial term of this Agreement is for five (5) years, beginning on the date that this Agreement is executed by the City's Assistant City Manager ("Effective Date"), Unless terminated earlier in accordance with this Agreement ("Initial Term"). This Maintenance Agreement may be renewed for one (1) successive five-year term, upon mutual written agreement of the Parties (each a "Renewal Term"). 3.2 Holdover Tenancy. Unless terminated earlier pursuant the terms herein, this Maintenance Agreement will expire without further notice when the Term expires. Any holding over by S&V after the Term expires will not constitute a renewal of the Maintenance Agreement or give S&V any rights under the Maintenance Agreement in or to the Premises, except as a tenant at will. SECTION 4 COMPENSATION AND CONSIDERATION 4.1 The City and S&V expressly agree and stipulate that this Maintenance Agreement is based on valuable consideration and an exchange of promises that will be independently beneficial to both Parties. Specifically, S&V agrees that the City will provide a benefit to S&V by providing, both, the use of the Premises at no charge to S&V to conduct its project. S&V has accepted use of the Premises as valuable consideration. Additionally, the City agrees that the S&V's project will provide a benefit to the City and accepts as valuable consideration. Both Parties agree as a condition precedent to executing this agreement that the consideration is valuable and sufficient and that neither Party shall be able to assert otherwise in the event of litigation. SECTION 5 DUTIES AND RESPONSIBILITIES 5.1 In addition to any other duties and responsibilities set forth in this Maintenance Agreement, S&V shall: 5.1.1 Bear sole responsibility for all maintenance associated with the Streams & Valleys Plaza, for the life of these assets. Streams & Valleys, Inc. and City of Fort Worth Maintenance Agreement Page 3 of 26 5.1.2 Ensure that the S&V's use of the Premises complies with any and all policies, rules, and regulations governing the use of the Premises. The City will provide a copy of any such policies, rules, and regulations within a reasonable time after request by the S&V. 5.1.3 Immediately report any maintenance or repair needs to the Park Operations District Superintendent of the Premises. 5.1.4 Be solely responsible for initiating, maintaining, and supervising all safety precautions in connection with S&V's use of the Premises. 5.1.5 Abide by the insurance requirements set forth in Exhibit B, which is attached hereto and incorporated herein for all purposes. 5.1.6 Designate a point of contact for Project admiration and reporting requirements ("Project Point of Contact"). The initial Project Point of Contact shall be: Lauren Deen Executive Director 817-773-6884 lauren@streamsandvalleys.org 5.1.7 S&V has or will secure, at its own expense, all materials, supplies, machinery, equipment, tools, superintendence, labor, personnel, insurance (if required), and other accessories and services necessary to provide the Services in accordance with the requirements of this Agreement and the City. 5.1.8 The following checked items constitute the services to be provided by the S&V and are referred to as the ("Services"): i. Collect and properly dispose of all trash, garbage, litter, and debris three (3) days per week. ii. Install, maintain, and operate underground irrigation systems and any associated additions in accordance with any plans approved in writing by the Director. Adopter must follow Water Department guidelines and pull appropriate permits with proper back -flow prior to starting project for installed irrigation systems. All irrigation systems, including any system additions, must be installed and maintained by a licensed irrigator. Maintenance must include, without limitation, any and all necessary and ordinary upkeep and repairs to ensure that the entire irrigations system is functioning properly. To the extent that the Adopter is required to install an irrigation system, such system will become the property of the City after installation but must be entirely maintained and operated by the Adopter during the Initial Term or any Renewal Term of this Agreement. Should this Agreement terminate Streams & Valleys, Inc. and City of Fort Worth Maintenance Agreement Page 4 of 26 or expire, Adopter understands and agrees that the City has the right to shut off, remove, or take over the water meter for the irrigation system. Should this Agreement terminate or expire, Adopter agrees to pay all costs associated with removing the connection between the irrigation system and the City's water main. Removal will be done in accordance with the City policy. iii. S&V must adhere to the "Water Rationing/Conservation Procedures" that are attached hereto as Exhibit D, and incorporated herein by reference, to the extent that it is a part of the Services to be provided under this Agreement. iv. Irrigation systems must not run during wet and rainy weather or operate during freezing temperatures. V. Irrigation sprayers must be installed at least 4" away from hard surface (curb). vi. S&V must provide to Park & Recreation Department a duplicate copy of the irrigation system controller manual (pdf is acceptable), rain freeze sensor manual and controller key. vii. Pay for all electrical hookups, electricity, water impact, water tap and meter fees, and water usage. viii. Shall perform mowing operations at a height of cut and frequency consistent with the prevailing standards and practices currently established for the Park. ix. Apply pesticides and fertilizer. X. Rake and remove cut grass and weeds. xi. Trim and remove weeds from around trees and Area amenities. xii. Edge sidewalks and curbs and remove debris. Debris and clippings resulting from mowing, edging, trimming, pruning, and other related maintenance may not be blown into any roads, drives, boulevards, and the like. xiii. Spread sand or topsoil where specified by the Director when applicable. xiv. Install, maintain, and replace all plantings and planting material in the Area, including, but not limited to, watering shrubs, grass, and trees, in accordance with the plans approved by the Director. Adhere to the "Tree Watering Policy" as set forth in Exhibit "C" which is attached hereto and incorporated herein by reference. xv. S&V will remove one 28-inch hackberry from Trinity Park at 2401 University Dr. xvi. S&V will plant 63 trees in the park on the western side of Phyllis J. Tilley Memorial Bridge consisting of 10 cedar elms, 21 'Bubba' desert willows, 18 Texas redbuds and 15 possumhaw hollies. xvii. S&V will plant various Native flowers and grasses, black eyed susan, autumn sage, gayfeather, greggs's mistflower, Texas sage and native grass and wildflower mix. 5.2 The City shall: Streams & Valleys, Inc. and City of Fort Worth Maintenance Agreement Page 5 of 26 5.2.1 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. If electrical power is needed, S&V will be charged by the City for the additional cost in accordance with the City's standard reservation cost for electrical power. 5.2.2 Designate a City employee to serve as the point of contact for Project administration and reporting requirements ("City Point of Contact"). The initial City Point of Contact shall be: Clinton S. Wyatt, District Superintendent Park Operations Office: (817) 392-5763 Email: clinton.watt(�i),fortworthtexas.gov 5.2.3 As soon as is reasonably practical, notify S&V, through its Project Point of Contact, of any closure of the Premises. 5.2.4 Notify S&V prior to events which may impede this project. 5.2.5 Notify S&V, through its Project Point of Contact, of all complaints received related to the Project. SECTION 6 LIENS 6.1 S&V 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, S&V 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 S&V, by reason of any labor or materials furnished or claimed to have been furnished, by, through, or under S&V, by reason of any construction, improvement, alteration, addition, repair, or demolition of any part of the Premises. S&V's failure to discharge any such purported lien shall constitute a breach of this Maintenance Agreement and the City may terminate this Maintenance Agreement upon thirty (30) days written notice. However, S&V's financial obligation to the City to liquidate and discharge such lien shall survive following termination of this Maintenance Agreement and until such a time as the lien is discharged. SECTION 7 CARE OF THE PREMISES 7.1 S&V, at S&V'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 Streams & Valleys, Inc. and City of Fort Worth Maintenance Agreement Page 6 of 26 its use of the Premises; provided, however, the foregoing shall not be construed to require the S&V to provide general janitorial services at the Premises. S&V 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 S&V found them. This shall only apply during such time as the S&V has use of the Premises as set forth in this Maintenance Agreement. 7.2 S&V 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, S&V 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 S&V or any of S&V's officers, representatives, servants, employees, agents, invitees, Project Participants, or anyone visiting the Premises upon the invitation of the S&V. 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 Maintenance Agreement, the S&V is responsible. The quality of the maintenance of the Premises, furnishings, fixtures or furniture by the S&V shall be reasonably acceptable to the City. The costs of repairing any damage to the Premises shall be immediately due and payable by the S&V upon S&V's receipt of a written invoice from the City. SECTION 8 FORCE MAJEURE 8.1 If either Party is unable, either in whole or part, to fulfill its obligations under this 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 Party'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. S&V hereby waives any claims it may have against the City for damages resulting from any such Force Majeure Event Streams & Valleys, Inc. and City of Fort Worth Maintenance Agreement Page 7 of 26 SECTION 9 LIABILITY AND INDEMNIFICATION 9.1 S&V SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY 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 S&V, OR ITS DIRECTORS, OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS, CONTRACTORS, EMPLOYEES, PATRONS, GUESTS, INVITEES, PROJECT PARTICIPANTS, OR SUBCONTRACTORS. S&V HEREBY EXPRESSLY RELEASES AND DISCHARGES CITY FROM ANY AND ALL LIABILITY FOR ANY DAMAGE, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE OCCUPANCY AND USE OF THE PREMISES AND ANY AND ALL ACTIVITIES CONDUCTED THEREON SUSTAINED BY REASONS OF THE OCCUPANCY OF SAID PREMISES UNDER THIS MAINTENANCE AGREEMENT. 9.2 INDEMNIFICATION — S&V, AT NO COST TO THE CITY, AGREES TO AND DOES HEREBY DEFEND, INDEMNIFY, PROTECT, AND HOLD HARMLESS THE CITY AND THE CITY'S OFFICERS, REPRESENTATIVES, AGENTS EMPLOYEES, AND SERVANTS (COLLECTIVELY, "INDEMNITEES") FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, JUDGMENTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OF ANY NATURE, KIND OR DESCRIPTION ARISING OR ALLEGED TO ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY (1) RELATING TO THE USE OR OCCUPANCY OF THE PREMISES BY S&V OR ANY OF ITS OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, PATRONS, GUESTS, SUBCONTRACTORS, PROJECT PARTICIPANTS, OR INVITEES; (2) BY REASON OF ANY OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR ALLEGED TO BE OCCASIONED IN WHOLE OR IN PART BY ANY ACT OR OMISSION ON THE PART OF S&V OR ANY OF ITS OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, PATRONS, GUESTS, SUBCONTRACTORS, PROJECT PARTICIPANTS, OR INVITEES OR OF ANY OTHER PERSON ENTERING UPON THE PREMISES WITH THE EXPRESS OR IMPLIED INVITATION OR PERMISSION OF S&V; OR (3) BY ANY BREACH, VIOLATION OR NONPERFORMANCE OF ANY COVENANT OF S&V UNDER THIS MAINTENANCE AGREEMENT (COLLECTIVELY, "LIABILITIES"), EVEN IF SUCH LIABILITIES ARISE FROM OR ARE ATTRIBUATABLE TO ANY ACT, OMISSION, NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT, INTENTIONAL CONDUCT, VIOLATION OF STATUTE OR COMMON LAW, BREACH OF WARRANTY, PRODUCT DEFECT, STRICT PRODUCT LIABILITY, OR ANY OTHER ACT, Streams & Valleys, Inc. and City of Fort Worth Maintenance Agreement Page 8 of 26 OMISSION, OR CONDITION WHATSOEVER OF THE CITY OR ITS PROPERTY. 9.3 If any action or proceeding shall be brought by or against the City in connection with any such liability or claim, S&V, on notice from the City, shall defend such action or proceeding at S&V's expense, by or through attorneys reasonably satisfactory to the City. 9.4 It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligations under this Section, such legal limitations are made a part of the indemnification obligation and shall operate to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations, and as so modified, the indemnification obligation shall continue in full force and effect. 9.5 S&V agrees to notify the City promptly upon the receipt of any claim or lawsuit brought in connection with any injury, death, or damages on the Premises. S&V agrees to make its officers, representatives, agents, and employees available to the City, at all reasonable times, for any statements and case preparation necessary for the defense of any claims or litigation for which the City may be responsible hereunder. S&V shall place language in its contracts with contractors and subcontractors that S&V shall notify the City as required in this subsection. 9.6 S&V shall require all of its subcontractors to include in their subcontract's liability and indemnification language in favor of the City in substantially the same form as above. SECTION 10 AUDIT 10.1 S&V agrees that the City shall, until the expiration of three (3) years after the termination or expiration of this Maintenance Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of S&V involving transactions relating to this Maintenance Agreement. S&V agrees that the City shall have access during normal working hours to all necessary S&V facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give S&V reasonable advance notice of intended audits. 10.2 S&V further agrees to include in any contractor and subcontractor agreements hereunder a provision to the effect that the contractor and subcontractors agree that the City shall, until the expiration of three (3) years after the expiration or termination of the contract or subcontract, have access to and the right to examine any directly pertinent books, documents, papers, and records of such contractor or subcontractor involving transactions of the contract or subcontract, and further that the City shall have access during normal working hours to all contractor and subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. The City shall give the contractor and subcontractor reasonable advance notice of intended audits. Streams & Valleys, Inc. and City of Fort Worth Maintenance Agreement Page 9 of 26 SECTION 11 CHARITABLE IMMUNITY 11.1 S&V 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 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 S&V hereby expressly waives its right to assert or plead defensively any such immunity or limitation of liability as against the City. Copy of the documentation stating this organization's status is due annually to the address specified for Park & Recreation Department in the notice provision of this Maintenance Agreement. SECTION 12 TERNIINATION 12.1 This Maintenance Agreement may be terminated without cause by the S&V upon thirty (30) days' written notice of such intent to terminate being delivered to the City. This Maintenance Agreement may be terminated without cause by the City immediately upon written notice to S&V of such intent to terminate. 12.2 Gratuities. The City may terminate this Maintenance Agreement if it is found that gratuities in the form of entertainment, gifts or otherwise were offered or given by S&V 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 Maintenance Agreement. In the event this Maintenance 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 S&V a sum equal in amount to the cost incurred by S&V in providing such gratuities. 12.3 Fiscal Funding Out. Notwithstanding anything to the contrary, if, for any reason, at any time during the term of the Maintenance Agreement, the Fort Worth City Council fails to appropriate funds sufficient for the City to fulfill its obligations under this Maintenance Agreement, the City may terminate the portion of the Maintenance Agreement regarding such obligations to be effective on the last of (i) ninety (90) calendar days following delivery by the City to S&V of written notice of the City's intention to terminate; or (ii) the last date for which funding has been appropriated by the Fort Worth City Council for the purposes set forth in this Maintenance Agreement. 12.4 S&V's Duties Upon Expiration or Termination. 12.4.1 Prior to the effective date for expiration or termination of this Maintenance Agreement, S&V shall promptly remove all of its personal property; provided, however, S&V shall not be obligated to remove any fixtures. S&V shall also repair any S&V-caused damage to the Premises, including, but not limited to, any damage that S&V causes during removal of S&V's property, Streams & Valleys, Inc. and City of Fort Worth Maintenance Agreement Page 10 of 26 to the reasonable satisfaction of the Director. 12.4.2 If S&V fails to comply with its obligations in this Section, the City may, at its sole discretion, (i) remove S&V's personal property and otherwise repair the Premises and invoice S&V 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 S&V; or (ii) following no less than thirty (30) calendar days prior written notice to S&V, take and hold any S&V personal property as the City's sole property; or (iii) pursue any remedy at law or in equity available to the City. If S&V fails to surrender the Premises to the City following termination or expiration, all liabilities and obligations of S&V hereunder shall continue in effect until such is surrendered. 12.4.3 Upon termination, all funds owed to the City shall be due and payable by the tenth (1 Oth) calendar day after the effective date of termination, unless stated otherwise in this Maintenance Agreement. 12.5 Other Remedies. Any termination of this Maintenance Agreement as provided in this Maintenance Agreement will not relieve S&V from paying any sum or sums due and payable to the City under this Maintenance Agreement that remains unpaid and due at the time of termination, or any claim for damages then or previously accruing against S&V under this Maintenance 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 S&V for any default under the Maintenance Agreement. All of the City's rights, options, and remedies under this Maintenance 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 Maintenance Agreement. No such termination shall relieve the City from any obligation it may have to S&V hereunder and the City may pursue any and all rights and remedies or relief provided by law, whether or not stated in this Maintenance Agreement. SECTION 13 RIGHT OF ENTRY AND INSPECTION 13.1 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 receiving notice sent by the City at least 24 hours in advance, S&V must permit the City or its agents, representatives, or employees to enter the Premises for the purposes of inspection; determining whether S&V is complying with this Maintenance 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 Maintenance 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. Streams & Valleys, Inc. and City of Fort Worth Maintenance Agreement Page 11 of 26 SECTION 14 LICENSES AND PERMITS 14.1 S&V shall, at its sole expense, obtain and keep in effect all licenses and permits necessary for its operations. SECTION 15 NOTICES 15.1 All notices required or permitted under this Maintenance 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 parry 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: City of Fort Worth Park & Recreation Director 100 Fort Worth Trail Fort Worth, Texas 76102 With copies to: S&V Streams & Valleys, Inc. Attn: Lauren Deen 2918 Wingate St. Fort Worth, TX. 76108 City of Fort Worth Attn: Assistant City Attorney and Assistant City Manager 100 Fort Worth Trail Fort Worth, Texas 76102 Or to such other address as such Party may hereafter designate by notice in writing addressed and mailed or delivered to the other Party hereto. SECTION 16 NON-DISCRIMINATION 16.1 S&V shall not engage in any unlawful discrimination based on race, creed, color, national origin, sex, age, religion, disability, marital status, citizenship status, sexual orientation or any other prohibited criteria, and S&V represents and warrants that to the extent required by applicable laws, it is an equal opportunity employer and shall comply with all applicable laws and regulations in any employment decisions. 16.2 In the event of S&V noncompliance with the nondiscrimination clauses of this Maintenance Agreement, which is not cured within ninety (90) calendar days of notice of such Streams & Valleys, Inc. and City of Fort Worth Maintenance Agreement Page 12 of 26 noncompliance, this Maintenance Agreement may be canceled, terminated, or suspended in whole or in part, and S&V may be debarred from further agreements with the City. SECTION 17 VENUE AND CHOICE OF LAW 17.1 S&V and the City agree that this Maintenance Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Maintenance 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. SECTION 18 THIRD -PARTY RIGHTS AND ASSIGNMENTS 18.1 The provisions and conditions of this Maintenance Agreement are solely for the benefit of the City and S&V, and any lawful assign or successor of S&V, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 18.2 S&V agrees that it will not subcontract or assign all or any part of its rights, privileges or duties hereunder without the prior written consent of the City, and any attempted subcontract or assignment of same without such prior consent of the City shall be void. SECTION 19 BINDING COVENANTS 19.1 Subject to the limitations contained herein, the covenants, conditions and agreements made and entered into by the Parties hereunder are declared to be for the benefit of and binding on their respective successors, representatives and permitted assigns, if any. SECTION 20 INDEPENDENT CONTRACTOR 20.1 It is expressly understood and agreed that S&V and its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers shall operate as independent contractors as to all rights and privileges and work performed under this Maintenance Agreement, and not as agents, representatives or employees of the City. Subject to and in accordance with the conditions and provisions of this Maintenance Agreement, S&V shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. S&V acknowledges that the doctrine of respondeat superior shall not apply as between the City and its officers, representatives, agents, servants and employees, and S&V and its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. S&V further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between the City and S&V. It is further understood that the City Streams & Valleys, Inc. and City of Fort Worth Maintenance Agreement Page 13 of 26 shall in no way be considered a Co -employer or a Joint employer of S&V or any employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers of S&V. Neither S&V, nor any officers, agents, servants, employees or subcontractors of S&V shall be entitled to any employment benefits from the City. S&V shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. SECTION 21 AMENDMENTS, CAPTIONS, AND INTERPRETATION 21.1 Except as otherwise provided in this Maintenance Agreement, the terms and provisions of this Maintenance Agreement may not be modified or amended except upon the written consent of both the City and S&V. 21.2 Captions and headings used in this Maintenance Agreement are for reference purposes only and shall not be deemed a part of this Maintenance Agreement. 21.3 In the event of any dispute over the meaning or application of any provision of this Maintenance Agreement, this Maintenance Agreement shall be interpreted fairly and reasonably, and neither more strongly for or against any Party, regardless of the actual drafter of this Maintenance Agreement. SECTION 22 GOVERNMENTAL POWERS AND IMMUNITIES 22.1 It is understood that by execution of this Maintenance Agreement, the City and S&V does not waive or surrender any of its governmental powers or immunities. SECTION 23 AUTHORIZATION AND COUNTERPARTS AND ELECTRONIC SIGNATURES 23.1 By executing this Maintenance Agreement, S&V's agent affirms that he or she is authorized by S&V to execute this Maintenance Agreement and that all representations made herein with regard to S&V's identity, address, and legal status are true and correct. 23.2 This Maintenance Agreement may be executed in several counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. A signature received via facsimile or electronically via email shall be as legally binding for all purposes as an original signature. 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. Streams & Valleys, Inc. and City of Fort Worth Maintenance Agreement Page 14 of 26 SECTION 24 SEVERABILITY AND NO WAIVER 24.1 It is agreed that in the event any covenant, condition or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall in no way affect any other covenant, condition or provision does not materially prejudice either S&V or the City in connection with the right and obligations contained in the valid covenants, conditions or provisions of this Maintenance Agreement. 24.2 The failure of either Parry to insist upon the performance of any term or provision of this Maintenance Agreement or to exercise any right granted hereunder shall not constitute a waiver of that Parry's right to insist upon appropriate performance or to assert any such right on any future occasion. SECTION 25 COMPLIANCE WITH LAWS 25.1 This Maintenance Agreement is subject to all applicable federal, state and local laws, ordinances, rules and regulations, including, but not limited to, all provisions of the City's Charter and ordinances, as amended. 25.2 If the City notifies S&V or any of its officers, agents, employees, contractors, subcontractors, Contractors, volunteers, or invitees of any violation of such laws, ordinances, rules or regulations, S&V shall immediately desist from and correct the violation. SECTION 26 SOLE AGREEMENT 26.1 This Maintenance Agreement, including any exhibits attached hereto and any documents incorporated herein, contains the entire understanding and agreement between the City and S&V, and any lawful assign and successor of S&V, 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 Maintenance Agreement. SECTION 27 IMMIGRATION AND NATIONALITY ACT 27.1 S&V 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 the City, S&V must provide the City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. S&V must adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any S&V employee who is not legally eligible to perform such services. S&V MUST INDEMNIFY THE CITY AND HOLD Streams & Valleys, Inc. and City of Fort Worth Maintenance Agreement Page 15 of 26 THE CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY INSTRUCTOR, INSTRUCTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR CONTRACTORS. The City, upon written notice to S&V, will have the right to immediately terminate this Agreement for violations of this provision by S&V. SECTION 28 BOYCOTTING ISRAEL PROHIBITED 28.1 If S&V has fewer than 10 employees or the Agreement is for less than $100,000, this section 28.1 does not apply. S&V acknowledges that in accordance with Chapter 2270 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" will have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Addendum, S&V certifies that S&V's signature provides written verification to City that S&V. (1) does not boycott Israel, and (2) will not boycott Israel during the term of the Agreement. (Signatures on following page) Streams & Valleys, Inc. and City of Fort Worth Maintenance Agreement Page 16 of 26 IN WITNESS WHEREOF, the Parties have executed this Maintenance Agreement in multiples. City: S&V: By. Dana Burghdoff (Aug 11, 20n 14:12:53 ) By. Lauren Deen (Aug 11, 2026 10:51:21 CDT) Name: Dana Burghdoff Name: Lauren Deen Title: Assistant City Manager Title: Executive Director Email: Lauren cr,streamsandvalleys.org Date: 08/11/2026 FOR CITY OF FORT WORTH INTERNAL PROCESSES: Approval Recommended: lelrelso Thompson BY: Teresa Thomason (Aug 11, 2026 11:10:15 CDT) Name: Teresa Thomason Title: Deputy Director Park & Recreation Department Y AIX-X By: Joel McKnight (Aug 11, 2026 10:53:53 CDT) Name: Joel McKnight Title: Assistant Director Park & Recreation Department Approved as to Form and Legality: BY:�, Name: Hye Won Kim Title: Assistant City Attorney Contract Authorization: M&C: M&C 25-0744 Form 1295: 2025-1337232 Streams & Valleys, Inc. and City of Fort Worth Maintenance Agreement 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. � . , ors By, Giovanni Ortiz (Aug 6, 2026 14:37:51 CDT) Name: Giovanni Ortiz (for Clinton Wyatt- District Superintendent) Title: Field Supervisor Park & Recreation Department City Secretary: By: Name: Jannette S. Goodall Title: City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 17 of 26 EXHIBIT A = PREMISES I . !}�- / ' I j a 1r �� I T� PLANTING LEGEND ' xaw�ss xnrorecrzxmmrc .©.' BUTTERFLY GARDEN PLANTING KEY Ire i. �1 ce a C == macaw, c cLi�l F..� p t 1 F Daces w iw,r�.sm..aw w, .. V 1 i Ei€G6 `• oc V pl K �0 1 e it CL (11) / t _ DO) V + ` h ✓ I I j '1. `\, amw�n<wc�.rwr.,�w„nw>�wn..xv�.w.naxw mmua. I IIV muw.exr I � V. V �j CC (4} F uao PLANTING PLAN Streams & Valleys, Inc. and City of Fort Worth Maintenance Agreement Page 18 of 26 EXHIBIT B INSURANCE City Insurance. 1.1 Blanket Accident Insurance. Contractor acknowledges that the City carries a blanket accident insurance policy ("Accident Policy") that provides first party insurance coverage to Contractor in the event of a covered loss. This Accident Policy will be excess to any other insurance policies that the Contractor carries. Contractor is responsible for reading and understanding the entire Accident Policy, including, but not limited to, any exclusions to coverage. 1.2 Commercial General Liability. Contractor acknowledges that the City also carries limited participant liability coverage for certain designated sport or athletic contests or exhibitions under its commercial general liability insurance policy ("City CGL Policy"). The City CGL Policy is intended to protect the City from third -party claims for personal injury and property damage. Contractor is responsible for reading and understanding the entire City CGL Policy, including, but not limited to, any exclusions to coverage. If the Project is excluded from coverage or not covered for any reason under the City CGL Policy, then Contractor will provide or caused to be provided the commercial general liability insurance set forth in section 2 of this Exhibit B. Each Project Participant is required to pay the City the applicable fee associated with maintaining such insurance coverage prior to beginning the Project. Contractor is responsible for ensuring that each Project Participant has fully paid the City the applicable fee, which will be in addition to any Project Fees. 1.3 Claims. Contractor will be responsible for ensuring that any claim under the Accident Policy and City CGL Policy are properly reported to the City and that all necessary paperwork is completed and submitted to appropriate entity in a timely manner. 1.4 Liability. The City's liability, if any, to Contractor under this Agreement will be limited to the maximum amounts payable under the Accident Policy or City CGL Policy, as applicable. To the extent that the City incurs any liability outside of the Accident Policy or the City CGL Policy limits attributable to Contractor or Contractor's representatives, agents, Project Participants, contractors, or anyone acting on behalf of or for Contractor, then Contractor hereby agrees to INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY IN ACCORDANCE SECTION 9 OF THIS AGREEMENT. The City will not be liable to Contractor for any claims, damages, or losses beyond the policy limits stated in the Accident Policy, City CGL Policy, or for any excluded coverages, and Contractor hereby forever waives any such claims against the City. 2. Contractor -Provided Insurance. In the event that the Project being conducted by the Contractor is excluded or not covered by the City's CGL Policy referenced above, Contractor will furnish to the City, in a timely manner, but not later than the start of the term of this Agreement, certificates of insurance as proof that the policies of insurance specified herein have been purchased. Contractor is solely responsible for reviewing the City's CGL Policy and determining whether its Projects are covered under the City CGL Policy. If the City has not received such certificates by such date, Contractor will be in default of the Agreement and the City may, at its option, terminate the Agreement immediately and without penalty. Contractor will maintain or cause to be maintained the following coverages and limits thereof. 2.1 Coverages and Limits i. Commercial General Liability (CGL) Insurance a. $1,000,000 each occurrence b. $2,000,000 aggregate limit Streams & Valleys, Inc. and City of Fort Worth Maintenance Agreement Page 19 of 26 ii. Business Automobile Liability Insurance a. $1,000,000 each accident on a combined single limit or $250,000 Property Damage $500,000 Bodily Injury per person per occurrence b. Insurance policy will be endorsed to cover "Any Auto", defined as autos owned, hired, and non -owned when said vehicle is used in the course of the event Licensed herein. iii. Accident Coverage a. 1,000,000.00 each occurrence b. 2,000,000.00 aggregate C. $2,500.00 minimum dental benefits d. $50,000.00 minimum death benefit to the estate of the deceased e. $100,000.00 minimum hospitalization and medical bills benefits of an injured Project Participant, with a maximum deductible of $250.00 f. $25,000.00 minimum benefits for the loss of one hand, one foot or sight of one eye of an injured Project Participant g. $12,500.00 minimum benefits for the loss of index finger and thumb of same hand of an injured student h. This policy will cover all Project Participants and provide comprehensive bodily injury, dental, and death coverage and coverage while traveling in any automobile used to transport Project Participants to and from the Project. iv. Workers' Compensation Insurance a. Part A: Statutory Limits b. Part B: Employer's Liability 1. $100,000 each accident 2. $100,000 disease -each employee 3. $500,000 disease -policy limit C. Contractor will not be required to carry the required workers' compensation insurance if Contractor does not employ at least one full time employee. 2.2 Additional Requirements i. Such insurance amounts will be revised upward at the City's reasonable option and no more frequently than once every six (6) months, and Contractor will revise such amounts within thirty (30) calendar days following notice to Contractor of such requirements. ii. Where applicable, insurance policies required herein will be endorsed to include the City as an additional insured as its interest may appear. Additional insured parties will include employees, representatives, officers, agents, and volunteers of the City. iii. The Workers' Compensation Insurance policy will be endorsed to include a waiver of subrogation, also referred to as a waiver of rights of recovery, in favor of the City. Such insurance will cover employees performing work on any and all projects. Contractor will maintain coverages, if applicable. iv. Any failure on part of the City to request certificate(s) of insurance will not be construed as a waiver of such requirement or as a waiver of the insurance requirements themselves. Streams & Valleys, Inc. and City of Fort Worth Maintenance Agreement Page 20 of 26 V. Insurers of Contractor's insurance policies will be licensed to do business in the State of Texas by the Department of Insurance or be otherwise eligible and authorized to do business in the State of Texas. Insurers will be acceptable to the City insofar as their financial strength and solvency and each such company will have a current minimum A.M. Best Key Rating Guide rating of A-: VII or other equivalent insurance industry standard rating otherwise approved by the City. vi. Unless otherwise stated herein or approved by the City, deductible limits on insurance policies will not exceed $10,000 per occurrence. vii. In the event there are any local, federal or other regulatory insurance or bonding requirements for Contractor's operations, and such requirements exceed those specified herein, the former will prevail. viii. Contractor will contact the Park Director, as applicable, to determine whether any contractors or subcontractors will need to provide insurance. Streams & Valleys, Inc. and City of Fort Worth Maintenance Agreement Page 21 of 26 EXHIBIT C TREE WATERING POLICY The Adopter is hereby authorized to provide maintenance to trees planted in the Area. 1. Adopter must provide, at its own expense, all labor necessary to provide water to said trees. 2. Adopter 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. Adopter 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. Adopter will be notified in writing in the event the representative observes drought stress due to lack of watering. Adopter 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. Streams & Valleys, Inc. and City of Fort Worth Maintenance Agreement Page 22 of 26 EXHIBIT D WATER RATIONING/CONSERVATION PROCEDURES The purpose of these procedures is to provide a guide for watering activities in the Park & Recreation Department in the event of required water conservation and rationing. Required water conservation and rationing will be determined in accordance with the "Emergency Water Management Plan" adopted by the Fort Worth City Council in August 1999. In April 2014, the Fort Worth City Council amended the plan to approve Stage I Water Restrictions. Stage I Water Restrictions are permanent until removed by the Fort Worth City Council. As a general practice, the Park & Recreation Department makes every effort to use water wisely and efficiently in all its operations, and the Adopter is expected to do the same. However, should water rationing be mandated by the City of Fort Worth, the Park & Recreation Department has established the following procedures dependent upon the level of conservation and rationing required. The Adopter is required to abide by the Water Rationing and Conservation Procedures set forth in this exhibit. Four (4) levels are identified: Level I/Voluntary, Level II/Minor Rationing, Level III/Major Rationing (mandated rationing), and Level IV/Critical Emergency (crisis/disaster caused rationing). For some categories, there are notes that serve to explain special conditions. An example would be where non -treated river water is used. In the implementation of these procedures, the City will place the highest priority on the health and safety of people and wildlife. Protection and preservation of both living and developed resources are also addressed as a high priority to preserve and protect these resources and infrastructure. Streams & Valleys, Inc. and City of Fort Worth Maintenance Agreement Page 23 of 26 CATEGORY LEVEL I LEVEL II LEVEL III LEVEL IV Voluntary Minor Rationing Major Rationing Critical - Emergency General Turf Two times per week. One time per week or in No water (most turf will Same as Level III Tuesdays and Fridays. accordance with City-wide go dormant) rationing requirements Special Turf Two times per week. One time per week or in No water (turf dies..) Same as Level III. A. City Hall Tuesdays and Fridays. accordance with Citywide (St. Augustine will not rationing requirements. go dormant and will die if not watered. B. WRMC and Two times per week. One time per week or in No water (turf goes Same as Level III. Convention Tuesdays and Fridays. accordance with Citywide dormant). Some Center rationing requirements. locations at Convention Center have St. Augustine (turf dies). Athletic Fields Two times per week. One time per week to No water. Same as Level III. Tuesdays and Fridays. prevent soil cracking or in accordance with Citywide rationing requirements. Golf Courses No watering of roughs No watering of roughs, Hand watering of greens Watering with river or filling lake areas. tees and fairways, or and firs year trees only. water only. Where Restrict watering to filling lake areas. Water river water is not greens, tees, fairways, greens and first year trees available, turf will go and first year trees to 2 3 times per week or in dormant. times per week. accordance with Citywide Tuesdays and Fridays. rationing requirements. Display Fountains Continue to operate at Same as Level I. Turn off water features. Same as Level III. standard levels because Store remaining water all fountains operate for emergency purposes. with recirculating pump systems Swimming Pools Continue to operate at Same as Level I Close pools. Store Same as Level III. standard levels because remaining water for all pools operate with emergency purposes. recirculating pump systems. Adopt -A -Park Water to maintain Water to maintain plants at No watering except trees No watering. Turf goes Adopt -A -Median plants at all sites. all sites or in accordance or shrubs which would dormant, plants die. Sites Water turf two times with Citywide rationing die. per week. Tuesdays requirements. and Fridays. Streams & Valleys, Inc. and City of Fort Worth Maintenance Agreement Page 24 of 26 CATEGORY LEVEL I LEVEL II LEVEL III LEVEL IV Voluntary Minor Rationing Major Rationing Critical - Emergency Flowers Water two times per Water one time per week No water (flowers die — Same as Level III. (replaceable — week. Tuesdays and or to keep plants alive or replace all plants next usually annual Fridays. in accordance with cycle). color) Citywide rationing requirements. Contracts/PID's, Water two times per Water one time per week No watering except trees No watering. Leblanc, week. Tuesdays and or in accordance with or shrubs which would Burnett, Park Fridays. Citywide rationing die. Glen, etc. requirements. Botanic Garden Water two times per Water one time per week In accordance with Same as Level III. A. General Turf week. Tuesdays and or in accordance with Citywide rationing Fridays. Citywide rationing requirements. requirements. B. Fountains & Continue running Same as Level 1. Shut off all fountains Same as Level Ill. Water Features (recirculating pump systems). that do not sustain fish and aquatic life. Store water for emergency purposes. C. Flowers Water two times per Water one time per week No watering unless with Same as Level III. week. Tuesdays and or to keep plants in river water — plants will Fridays. accordance with Citywide die. Replace next cycle. rationing requirements. D. Trees & Water two times per Water to keep plants alive Water to keep trees and Same as Level III. shrubs week. Option to use or in accordance with shrubs alive or in river water. Tuesdays Citywide rationing accordance with and Fridays. requirements. Option to Citywide rationing use river water. requirements. Option to use river water. Newly Planted According to regular Same as Level I or in Same as Level I or in No watering unless Trees water schedule. accordance with Citywide accordance with using untreated non - Tuesdays and Fridays. rationing requirements. Citywide rationing potable water. requirements. Zoo Convert (where Extend cleaning cycles Reduce water levels in No water. Store water A. Large Non- available) to well from 5 to 10 days. pools by 1/4. for emergency Barrier Pools source. purposes. B. General Turf Two times per week. One time per week o or in In accordance with No water. (public areas) Tuesdays and Fridays. accordance with Citywide Citywide rationing rationing requirements. requirements. C. Animal Area Two times per week. In accordance with Water to keep turf alive No water. Turf Tuesdays and Fridays. Citywide rationing or in accordance with requirements. Citywide rationing requirements. Streams & Valleys, Inc. and City of Fort Worth Maintenance Agreement Page 25 of 26 CATEGORY LEVEL I LEVEL II LEVEL III LEVEL IV Voluntary Minor Rationing Major Rationing Critical - Emergency D. Non -Barrier Will continue to Same as Level I. No features to run. Same as Level Ill. Waterfalls operate because all are and Ponds on recirculating pump systems E. Flowers Water two times per One time per week or in No water. Plants will Same as Level III. week. Tuesdays and accordance with Citywide die, replace next cycle. Fridays. rationing requirements. F. Trees & Normal water cycle. In accordance with Water to keep trees and No water. Shrubs Citywide rationing shrubs alive or in requirements. accordance with Citywide rationing requirements. G. Public Continue to operate. Reduce hours of operation Features to be shut Same as Level III. Misting (Maximum of three hours down. Systems per day.) Notes: 1. Pecan Valley and Rockwood Golf Courses' water for irrigation is supplied 100% from the Trinity River. Therefore, no treated water is used at these sites. 2. Some irrigation water for Meadowbrook and Z Boaz Golf Courses is obtained from the rains and street drainage that flows into their pump lakes. 3. All Adopt-A-Park/Median, endowed, contracted, etc. sites are to follow these procedures even if outside funding is paying for the water. Examples include the Fuller Garden, Burnett Park, Heritage Park, Public Improvement Districts, and LeBlanc Park. 4. River water — Botanic Garden uses pumps to circulate river water throughout the Gardens to water plants and fill pools. If this system goes down, they switch to the City water. If this occurs, they will convert to this Water Conservation/Ration Plan. 5. Public safety and humane treatment of the animals will take precedence over any water conservation issues. Protected Wildlife and Items: Protect all wildlife & take all precautions to protect the surrounding habitat outside the designated work area. Drinking fountains shall continue to operate for public use. Under emergency rationing, only untreated non -potable water will be used to water newly planted trees. Any additional watering beyond what is currently committed will require additional resources having a general fund impact. Also, any major plantings will be delayed until water conservation efforts are no longer necessary. Streams & Valleys, Inc. and City of Fort Worth Maintenance Agreement Page 26 of 26 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. OFFICE USE ONLV Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: t Name of business entity filing form, and the city, state and country of the business entity's place of business. 2025-1337232 C. Green Scaping, LP FT WORTH, TX United States Date Filed: 07/15/2025 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: 3 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. CPN: 104094 Phyllis J. Tilley Memorial Bridge Improvements 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Ruiz, Cathleen FT WORTH, TX United States X Green, Curtis FORT WORTH, TX United States X C&C Green Enterprises, LLC FT WORTH, TX United States X 5 Check only if there is NO Interested Party. 6 UNSWORN DECLARATION My name is Curtis J. Green and my date of birth is Myaddressis 2401 Handley Ederville Rd. Ft. Worth _TX_ 76118 USA (city) (state} (zip code) (country} I declare under penalty of perjury that the foregoing is true and correct. Executed in Tarrant County, State of Texas ontheQdayof July 2040 (month) (year) A re of authorized agent of contracting business entity (Dedarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V4.1.0.f10d0fd8 M&C Review Page 1 of 3 CITY COUNCIL AGENDA Create New From This M&C DATE: 8/12/2025 REFERENCE NO.: M&C 25-0744 LOG NAME: CODE: C TYPE: NOW PUBLIC CONSENT HEARING: Official site of the City of Fort Worth, Texas FoRTWORTH 80TRI N ITY PARI� TILLEY PLAZA NO SUBJECT: (CD 9) Authorize Funding Agreement with and Accept Matching Funds from Streams & Valleys, Inc., in the Amount of $750,000.00, Approve the Use of Up to $750,000.00 from the Future Community Partnerships Fund, Authorize Execution of a Contract with C. Green Scaping, LP in the Amount of $906,528.80 for Construction of Tilley Plaza in Trinity Park, Adopt Appropriation Ordinances; and Amend the Fiscal Years 2025-2029 Capital Improvement Program It is recommended that the City Council: 1. Authorize funding agreement with Streams & Valleys, Inc. for use of funds for the Tilley Plaza project as a one-time capital contribution to support improvements in Trinity Park; 2. Accept matching funds from Streams & Valleys, Inc. in an amount of $750,000.00 for the Tilley Plaza project; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Special Donations Capital Projects Fund, subject to the receipt of the funds in the amount of $750,000.00 from Streams & Valleys, Inc. for the purpose of funding in the Tilley Plaza project (City Project no. 104094) upon receipt of the funds from Streams & Valleys, Inc.; 4. Approve use of $750,000.00 from the Future Community Partnerships Programmable Project (City Programmable No. P00047) for the construction of Tilley Plaza (City Project No. 104094), in Trinity Park; 5. Adopt the attached appropriation ordinance adjusting receipts and appropriations in the General Capital Projects Fund by decreasing receipts and appropriations in the Future Community Partnerships Programmable Project (City Project No. P00047) by $750,000.00 and increasing receipts and appropriations in the Tilley Plaza Project (City Project No. 104094) by the same amount; 6. Authorize the execution of a contract with C. Green Scaping, LP in the Amount of $906,528.80 for Tilley Plaza project; and 7. Amend the Fiscal Years 2025-2029 Capital Improvement Program. The purpose of this Mayor and Council Communication (M&C) is to authorize an agreement with Streams & Valleys, Inc. to contribute funds for construction of Tilley Plaza in Trinity Park as a 1:1 match with City contributions from Future Community Partnerships funding, and to authorize a contract with C. Green Scaping, LP in the amount of $906,528.80. Tilley Plaza will be located at the west end of the Phyllis J. Tilley Memorial Bridge in Trinity Park. Streams & Valleys, Inc. (S&V) was formed in 1971 as a non-profit organization dedicated to the beautification of the river and the development of the river system as a recreational amenity. Early efforts included working with the Tarrant Regional Water District (TRWD) to construct low-water dams that created more aesthetically pleasing water levels, and collaborating with the Park & Recreation Department (PARD) to build trails along the riverbanks. In 1971, fewer than three miles of trail existed along the river. By 2003, there were 30 miles of trails, and today, more than 72 miles of trails are in place. http://apps.cfwnet.org/council_packet/mc_review.asp?ID=33604&councildate=8/12/2O25 7/16/2026 M&C Review Page 2 of 3 The centerpiece of the proposed park enhancement is the Phyllis J. Tilley (PJT) Memorial Bridge, completed in August 2012, which connects the Central Business District with the Cultural District. The enhancement plan at Tilley Plaza will include redesigned pathways connecting to the pedestrian bridge, a tree grove with seating overlooking the river, and enhanced landscaping with ornamental trees and native plantings. Electrical upgrades will also be included, providing outdoor receptacles to support various programming. The project was advertised in Star Telegram on April 3 and 10th, 2025. The following bids were received on May 29th, 2025: Bidders Base Bids Alternate d rnate Amount C. Green Scalping J$782,948.80 $123,580.0 1$906,528.80 NorthstarConstruction, $1,062,829.00 $125,000.00 $1,187,829.00 LLC L.J Design & $1,111,248.01 $130,612.35 $1,241,860.36 Construction, LLC Capko Concrete $1,179,700.88 $119,273.39 Fs Structure L.L.0 ,298,974.27 The Fain Group, Inc. 140 $1,179,605. 24,000.00 Fs $1,303,605.40 Jerdon Enterprise, L.P. $1,672,742.00 $126,155,00 JV798,897.00 Representatives from TRWD, U.S. Army Corps of Engineers, City of Fort Worth Water Department, and (PARD) have reviewed the construction activities associated with the proposed park enhancements. All parties agree that the planned improvements will not interfere with existing infrastructure or create any obstruction issues related to the Trinity River. Construction of Tilley Plaza is scheduled to begin in November 2025 and will last for approximately six months. PARD proposes that the City provide community partnership funds as a 1:1 match to the contributions from S&V. These combined funds will support all approved park improvements within an approximately one -acre area directly adjacent to the PJT Memorial Bridge on the west bank of the Trinity River in Trinity Park. Funding for the Tilley Plaza park improvements will be as follows: Fund Name IlAuthorityll Amount General Capital Projects Fund (Future This M&C $750,000.0 Community Partnership) Special Donations Capital Project Fund This M&C $750,000.0 (S&V) Total Funding $1,500,000.0 The park improvements at Tilley Plaza are estimated to increase PARD's annual maintenance costs by $6,000.00 beginning in Fiscal Year 2026. In addition, S&V will be required to enter into a Maintenance Agreement with PARD for the funding and management of enhanced landscape maintenance for the life of the improvement. Funding for this project was not included in the FY2025-2029 Capital Improvement Plan (CIP) due to verification of partnership funds after the CIP submission deadlines. The action in this M&C will amend the FY2025-2029 Capital Improvement Plan as approved in connection with Ordinance 27107-09-2024. Funding is budgeted in the Future Community Partnership Program for this project. Trinity Park is located in COUNCIL DISTRICT 9. http://apps.cfwnet.org/council_packet/mc_review.asp?ID=33604&councildate=8/12/2O25 7/16/2026 M&C Review Page 3 of 3 FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are currently available in the Future Community Partnerships programmable project within the General Capital Projects Fund and the Special Donations Cap Projects Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the General Capital Projects Fund and Special Donations Cap Projects Fund for the Trinity Park -Tilley Plaza project. Prior to an expenditure being incurred, the Park & Recreation Department has the responsibility of verifying the availability of funds. Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account I Project Program Activity Budget Reference # Amount ID I ID Year (Chartfield 2) Originating Department Head: Dave Lewis (5717) Additional Information Contact: Joel McElhany (5745) ATTACHMENTS 80TRINITY PARK - TILLEY PLAZA fid table.xlsx (CFW Internal) 80TRINITY PARK - TILLEY PLAZA funds avail.docx (CFW Internal) GS-1295 Form.pdf (CFW Internal) Location Map MC.pdf (Public) ORD.APP 80TRINITY PARK - TILLEY PLAZA A024(r3).docx (Public) ORD.APP 80TRINITY PARK - TILLEY PLAZA A024(r5).docx (Public) S&V Request for Partnership Funds.pdf (CFW Internal) Tilley Plaza - Layout & Materials Plan.pdf (CFW Internal) Tilley Plaza - Sections and Elevation.pdf (CFW Internal) http://apps.cfwnet.org/council_packet/mc_review.asp?ID=33604&councildate=8/12/2O25 7/16/2026 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Streams and Valleys (S&V) Subject of the Agreement: S&V wishes to provide continued maintenance for the Project enhancements at the southwest end of the Phyllis J. Tilly Memorial Bridge. M&C Approved by the Council? * Yes 0 No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No If so, 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: If different from the approval date. Is a 1295 Form required? * Yes ❑ No Expiration Date: If applicable. *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. City Project No. 104094 *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) 4. *Indicates the information is required and if the information is not provided, the contract will be returned to the department.