HomeMy WebLinkAboutContract 51632 c A%
CITY SECRETARY
EIVED CONTRACT NO. 51 c 3 a
DEC 6 2018
CITY OF FORT WORTH BRIDGE AGREEMENT FOR MANAGEMENT AND IMPROVEMENT SERVICES
CITY SECRETARY
Fort Worth Public Improvement District No. 19(Historic Camp Bowie)
This BRIDGE AGREEMENT FOR MANAGEMENT AND IMPROVEMENT SERVICES
("Agreement") is made and entered into by and between the CITY OF FORT WORTH(the "City"), a
home rule municipal corporation organized under the laws of the State of Texas acting by and through its
duly authorized Assistant City Manager, and CAMP BOWIE DISTRICT, INC., a Texas nonprofit
corporation, ("Contractor")acting by and through Wade Chappell, its duly authorized President.
RECITALS
The following statements are true and correct and constitute the basis upon which the City and
Contractor have entered into this Agreement:
WHEREAS,pursuant to Chapter 372 of the Texas Local Government Code on August 14, 2018,
the City Council of the City of Fort Worth adopted Resolution No. 4966-08-2018 establishing Fort Worth
Public Improvement District No. 19 (the"District");
WHEREAS, the City is authorized to utilize the District to undertake improvements and services
that confer special benefits on the part of the City within the District;
WHEREAS,the City Council is authorized to levy and collect special assessments on property in
the District, based on the special services conferred by the improvements and services, to pay the cost of
such improvements and services;
WHEREAS,the City and Contractor are currently negotiating the terms and conditions of a written
agreement for the provision of certain improvements and services in the District that will serve through the
City's current fiscal year(October 1 —September 30);
WHEREAS, the City and Contractor recognize the need to allow the Contractor to perform the
improvements and services until such time as a more permanent agreement can be executed;
WHEREAS,this Agreement is intended to bridge that gap so that the Contractor can perform,and
receive reimbursement for,the improvements and services necessary for the District; and
NOW,THEREFORE,for and in consideration of the mutual covenants,promises,and agreements
contained herein,the City and Contractor do hereby covenant and agree as follows:
AGREEMENT
1. ENGAGEMENT OF CONTRACTOR.
1.1 The City hereby engages the Contractor, and the Contractor hereby agrees to provide,
furnish, oversee,or perform in accordance with this Agreement the improvements and services set forth in
this Agreement for the Term(as hereinafter defined).
2. IMPROVEMENTS AND SERVICES FOR THE DISTRICT.
2.1. Scope of Contractor's Duties.
(a) Contractor will provide or cause to be provided those improvements and services
("Improvements and Services") set forth and subject to the Budget
the District, as approved by the City Council for City's 2018-2019 � ay��Ci� ®
Management and Improvement Services Agreement CITY SECRETARY
with Camp Bowie District,Inc.for PID 19(Historic Camp Bowie) FT W TH,TX
and Service Plan") (which is attached hereto as Exhibit"A" and hereby made a part of
this Agreement for all purposes), as may subsequently be amended, and the ordinance
adopted by the City Council levying assessments on properties in the District for such
Improvements and Services (which ordinance is a public document on file in the City
Secretary's Office and is hereby incorporated for all purposes).
(b) Contractor will also oversee the bidding and awarding of any third-party contracts for the
above-referenced Improvements and Services in accordance with all applicable laws and
the policy and guidelines set forth in the Policy for Operating Public Improvement Districts
adopted by the City Council pursuant to Resolution No.4905-02-2018(the"PID Policy"),
a copy of which Contractor hereby certifies it has received and which is incorporated herein
by reference for all purposes.
(c) Contractor must comply with all duties and responsibilities set forth in Exhibit"B",which
is attached hereto and incorporated herein for all purposes.
(d) Contractor must comply with Section 2.1 (b)-(g) of Fort Worth City Secretary Contract
("CSC") Number 49990, the terms of which are incorporated herein by reference as if
stated in full.
2.2. Security Personnel.
(a) In the event Contractor employs security personnel as a part of providing Improvements
and Services under this Agreement, Contractor hereby assumes sole responsibility for any
and all acts or omissions of security personnel in the performance of their responsibilities
hereunder. Security personnel shall include, but not be limited to, any employee, agent,
representative, security officer, or off-duty Fort Worth Police officer hired by the
Contractor to provide Security Services within the District. "Security Services" does not
include any duties and responsibilities related to running radar on drivers, writing parking
citations,investigating crimes,or other job functions normally performed by on-duty police
officers. Contractor shall bear sole responsibility, if any,for reporting its payment for each
security personnel's services as taxable income to the Internal Revenue Service.
(b) If Contractor employs off-duty Fort Worth police officers to provide Security Services,the
parties understand, acknowledge, and agree that, while performing Security Services for
the Contractor under this Agreement, the off-duty officers are not considered employees
of the City of Fort Worth, except as provided herein. Contractor shall direct residents to
call 911 in the case of an emergency. Off-duty Fort Worth police officers working for the
Contractor will not answer calls for police service from Police Department dispatchers
except in the event of a life-threatening emergency, in which case the off-duty officer
would then be considered"on-duty"and working as an employee of the City of Fort Worth.
If the off-duty officer becomes aware of a situation that warrants immediate police action
within the District,he or she can take police action while also advising on-duty officers of
the situation. Responsibility for the incident will be transferred to an on-duty officer as
soon as one reaches the scene. Should off-duty Fort Worth police officers be used by
Contractor to provide Security Services,reimbursement by the City for such services shall
be done on forms and in a manner prescribed by the City.
(c) Notwithstanding anything to the contrary in this Section 2.2,the City reserves the right,at
any time and for any reason, to remove the administration of security services from the
scope of the Contractor's work. In the event the City exercises this provision, the
Administrator will provide the Contractor with written notice at least ten(10)calendar days
prior to assuming such administrative obligations.
Management and Improvement Services Agreement
with Camp Bowie District,Inc.for PID 19(Historic Camp Bowie) 2 of 7
2.3. Contractor Compensation. Notwithstanding anything to the contrary, payment of any
management fee and insurance payments, as those items are reflected the Budget and Service Plan, will be
addressed in the permanent agreement to be executed by the parties. The term Management Fee includes
any and all insurance costs and administrative costs incurred by the Contractor to perform its duties and
responsibilities under this Agreement, including, but not limited to, rent, office space, telephone charges
(wired and wireless), office and general supplies, employee insurance, salaries, clerical costs, project
management fees and costs, staff expenses, professional development,training, education, and the like.
2.4 Reimbursement for Improvements and Services. Notwithstanding anything to the
contrary, any invoices received by the City for reimbursement of any Improvements or Services prior to
the date that the City executes this Agreement,as set forth on the signature page of this Agreement, will be
deemed to have been received by the City on the date that the City executes this Agreement. The City will
reimburse the Contractor in accordance with Section 6 of CSC 49990 as set forth herein.
3. INCORPORATION OF ADDITIONAL TERMS FROM CSC 49990.
3.1 The parties agree to comply with the following sections contained in CSC No. 49990,
which are hereby incorporated into this Agreement by reference as if stated in full:
(a) Section 2.3 - Standard of Care;Nature of Relationship
(b) Section 3 —City's Duties and Responsibilities
(c) Section 4—Amendments
(d) Section 6—Release of Funds to Contractor
(e) Section 7—Discrimination Prohibited
(f) Section 8—Business Diversity Enterprise Ordinance
(g) Section 9—Contractor Liability
(h) Section 10—Liability of City;Personal Liability of Public Officials
(i) Section 11 —Indemnification
0) Section 12—Independent Contractor
(k) Section 13 —Insurance
(l) Section 14—Taxes
(m)Section 15—Permits
(n) Section 16—Character of Work and Operations
(o) Section 17—Assignment and Subcontracting
(p) Section 18—Default
(q) Section 19—Cooperation with City
(r) Section 20—Books and Records; Auditing Rights
(s) Section 21 —Notices
(t) Section 22—Compliance with Laws, Ordinances, Rules, and Regulations
(u) Section 23 —Governmental Powers
(v) Section 24—No Waiver
(w) Section 25—Venue and Choice of Law
(x) Section 26—No Third Party Rights
(y) Section 27—Interpretation
(z) Section 28—Captions
(aa)Section 30 - Counterparts
4. TERM.
4.1 This Agreement is effective beginning on October 1, 2018 (the "Effective Date") and,
unless terminated earlier in accordance with this Agreement, expires on December 31, 2018("Term").
Management and Improvement Services Agreement
with Camp Bowie District,Inc.for PID 19(Historic Camp Bowie) 3 of 7
5. BOYCOTT ISRAEL.
5.1 Contractor 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"shall have the
meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this
contract, Contractor certifies that Contractor's signature provides written verification to the City that
Contractor. (1)does not boycott Israel;and(2) will not boycott Israel during the term of the Agreement.
6. ENTIRETY OF AGREEMENT.
6.1 This Agreement, including any exhibits attached hereto and any documents incorporated
herein by reference, contains the entire understanding and agreement between the City and Contractor 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.
EXECUTED as of the last date indicated below:
CITY OF FORT WORTH: CAMP BOWIE DISTRICT,INC.
a Texas nonprofit corporatio :
By B
LSjAan Alanis VW'Chappell
Assistant City anager President
Date: ' (� Fo (�// Date:
ATTEST: h ATTEST:
0
By:_ / /
Mary J.-K y *' By:
City Secret At(j--q I �.-'� Title:
AP:e4vinGunn
OVAL RE MMENDED:
By:
Acting Director of Finance
APPROVED AS TO FORM A GALI Y:
By:
r . allac
Assist t Ci Attorney
®FF1C�AL RECORD
CITY SE
CRETARY
Management and Improvement Services Agreement p :FRT`H.3 S,TX
with Camp Bowie District,Inc.for PID 19(Historic Camp Bowie) 4 of 7 _
M&C: BH-395
Date: August 21,2018
Form 1295:
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.
Name ifEmployee
Title
OFFICIAL RECORD
CITY SECRETARY
Management and Improvement Services Agreement FT. WORTH,TX
with Camp Bowie District,Inc.for PID 19(Historic Camp Bowie)
Exhibit"A"
Budget and Service Plan
City of Fart.Worth
Five Year Service Plan-FY 201812019
Public improvement District No.19.Camp Bowle
FY18H8 FY19120 FY20121 FY21122 FY22123
REVENUES
PID Assessments $389,139 5408,596 $429,026 $450,477 5473,001
COFW Assessment
COFW Payment In lieu of services 17,291 17.791 17,791 17,791 17,791
PID Generated Revenue
Budget Revenues $406,830. $128,397 $148,817 $468,268 $190,792
Transfer From PID N 8 197,600 - - - -
Total Revenues $004,730 $428,397 $446,817 5468,288. $490,782
EXPENSES
Management Fee 96,619 94,510 95,005 90.M 94.600
BeautMcaton 104,496 39,888 54,424 56,255 59,179
Beautification-Utilities 20,000 21,000 22,050 23.157 24,310
Beautification-Maintenance 90,255 94,768 99,506 104,481 109,706
Litter Abatement 09,400 93,970. 98,564 103.492 108,666
Security 20,400 21,420 22,491 23.616 24,796
Economic Development 21,000 12,050 12,653 13,285 13.949
Marketing 8 Promotion 30,000 16.000 16,8W 17.640 18,522
Communication 20,000 11;000 11,550 12.128 12.734
Insurance 6,700 7,036 7,387 7,756 8,144
Audit 6,000 6,300 6,615 6,946 7.293
city Administrative Fee 8.139 8,546 8,973 9,422 9,892
Refund of Professional Fees Related to
the Establishment of PID 19 7,500 - - - -
Budget Expenses 518;511 426,787 446,817 468,268 480,792
Contribution to Fund Balance 85,219 - - -
Total Expenses $W4,730 $428,307 $446,817 $466.268. $480,792
Management and Improvement Services Agreement
with Camp Bowie District,Inc.for PID 19(Historic Camp Bowie) 6 of 7
Exhibit"B"
Additional Services to be Provided by Contractor
1) Contractor shall designate one of its employees to be the primary District manager;
2) Participate in meetings of City of Fort Worth departments of Performance and Budget, Financial
Management Services, Park and Recreation, Transportation and Public Works, and Internal Audit to
coordinate District activities;
3) Provided that the City has appointed an advisory body pursuant to Section 372.008(b) of the Texas
Local Government Code, participate in all District advisory body meetings and update advisory body
members on budget, security patrols, landscaping, City coordination issues, and other matters. At the
request of the Contractor's president, arrange for guest presenters to attend meetings;
4) Establish means of communication for citizen input to report problems and make suggestions to the
District. Coordinate responses to citizen input with the District advisory body or other entity selected
by the City;
5) Maintain a full and accurate accounting of disbursements for reimbursement from District revenues,
providing the District advisory body or other entity selected by the City with a monthly accounting
statement;
6) Monitor recurring expenses and perform comparative analysis to identify emerging trends and real or
potential problems.Notify the District advisory body or other entity selected by the City of trends and
unusual or excessive expenses;
7) Maintain complete set of historical records of all District activity to include District charter, minutes of
meetings, and agreements/contracts with other entities, grant applications, etc. from the beginning of
the District to present; and
8) Work with all District committees to coordinate and handle all details associated with public events
that are sponsored by District.
The Contractor shall commence,carry on,and provide such Improvements and Services with all practicable
dispatch, in a sound, economical, and efficient manner, in accordance with this Agreement and its
attachments and all applicable law.
Management and Improvement Services Agreement
with Camp Bowie District,Inc.for PID 19(Historic Camp Bowie) 7 of 7
City of Fort Worth, Texas
Mayor and Council Communication
CCW CJL ACTION Approved on 812112018 - Ord ina"Ca Nos, 23343-08-2018 �0-48-
2018
DATE: Tuesday, August 21, 2018 REFERENCE NO.: BH-395
LOG NAME: 13FMS PID19FY19
SUBJECT:
Conduct Public Benefit Hearing for Public Improvement District 19 - Historic Camp Bowie, Approve Fiscal
Year 2018-2019 Budget and Five-Year Service Plan in the Amount of$604,730.00, Approve Tax Year
2018 Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2018 Tax Year at a Rate of
$0.10 Per Each $100.00 of Property Value, Adopt Ordinance Increasing Estimated Receipts and
Appropriations in the Fort Worth Public Improvement District 19 - Historic Camp Bowie Fund in the Amount
of$604,730.00; and Authorize Execution of an Agreement with Camp Bowie District, Inc., in the Amount of
$95,619.00 to Manage the District (COUNCIL DISTRICTS 3 and 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public benefit hearing concerning the proposed special assessments on the property located
in Public Improvement District 19 - Historic Camp Bowie for the 2018 tax year;
2. Approve the attached Fiscal Year 2018-2019 Budget and Five-Year Service Plan for Public
Improvement District 19 - Historic Camp Bowie in the amount of$604,730.00;
3. Approve the Tax Year 2018 Assessment Roll for Public Improvement District 19 - Historic Camp
Bowie, on file with the City Secretary;
4. Adopt the attached ordinance levying special assessments on the property located in Public
Improvement District 19- Historic Camp Bowie for the 2018 tax year at a rate of$0.10 per each $100.00
of property value;
5. Adopt the attached ordinance increasing estimated receipts and appropriations in the Fort Worth Public
Improvement District 19- Historic Camp Bowie Fund in the amount of$604,730.00, which includes
transferred revenue from the Fort Worth Public Improvement District 8 - Camp Bowie Fund; and
6. Authorize the execution of an Agreement with Camp Bowie, Inc. in the amount of$95,619.00 to
provide management of the improvements and services for Public Improvement District 19- Historic
Camp Bowie during Fiscal Year 2018-2019.
DISCUSSION:
On August 14, 2018, the City Council adopted Resolution No. TBD, establishing the Fort Worth Public
Improvement District 19- Historic Camp Bowie (Historic Camp Bowie PID).
The purpose of this benefit hearing is to receive comments from the public regarding the 2018-2019 Fiscal
Logname: 13FMS PID19FY19 Page 1 of 3
Year Budget and Five-Year Service Plan for the Historic Camp Bowie PID and the proposed assessments
to be levied on each property in the Historic Camp Bowie PID for the 2018 tax year. Following the public
hearing, it is recommended that the City Council take the following actions: (a) approve the attached
Budget and Five-Year Service Plan; (b) approve the 2018 Assessment Roll; and (c) adopt the attached
ordinances levying the proposed assessments and appropriating funds.
The improvements and services to be provided in the Historic Camp Bowie PID during the 2018-2019
Fiscal Year and the costs thereof are as follows:
Management Fee $ 95,619.00
Beautification $104,498.00
Beautification - Utilities $ 20,000.00
Beautification - Maintenance $ 90,255.00
Litter Abatement $ 89,400.00
Security $ 20,400.00
Economic Development $ 21,000.00
Marketing & Promotion $ 30,000.00
Communication $ 20,000.00
Insurance $ 6,700.00
Audit $ 6,000.00
City Administration $ 8,139.00
PID Establishment related fees $ 7,500.00
Contribution to Fund Balance $ 85,219.00
Total Expenditures $604,730.00
The total budgeted costs of the improvements and services are in the amount of$604,730.00. Of this
amount, $389,139.00 will be funded by assessments collected on privately owned parcels located in the
Historic Camp Bowie PID by applying a rate of$0.10 per each $100.00 of property value. The remaining
$215,591.00 will be funded by other revenue sources including: (a) a transfer of$197,800.00 from the
Public Improvement District 8 - Camp Bowie Fund (PID 8), and (b) $17,791.00 in direct payments from the
City for Payment In-Lieu of Services.
On August 14, 2018, the City Council conducted a public hearing to receive comments on the proposed
2018-2019 Fiscal Year Budget, Five-Year Service Plan, and 2018 Assessments for the Historic Camp
Bowie PID (M&C BH 381). Notice of the August 14, 2018 benefit hearing and this hearing were published
in the Fort Worth Star-Telegram on July 21, 2018 and mailed to all record owners of property in the
Historic Camp Bowie PID on July 20, 2018, in accordance with state law. Included within those notices
was a draft of the Fiscal Year 2019 budget equaling $603,930.00. This amount was estimated based upon
non-certified values received from the Tarrant Appraisal District. On July 23, 2018, the City received
certified values and, as such, has finalized the Fiscal Year 2019 budget in the amounts shown.
PID 19 (Historic Camp Bowie) is located in COUNCIL DISTRICTS 3 and 7.
FISCAL INFORMATION I CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and the adoption of
the Fiscal Year 2018-2019 Budget by the City Council, funds will be available in the Fiscal Year 2019
operating budget, as appropriated, of the Fort Worth Public Improvement District 19- Historic Camp Bowie
Fund.
FUND IDENTIFIERS (FIDs):
TO
Logname: 13FMS PID19FY19 Page 2 of 3
Fund Department ccoun Project JProgram ctivity Budget Reference # moun
ID ID Year Chartfield 2
FROM
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Aaron Bovos (8517)
Additional Information Contact: Angela Estrada (8511)
ATTACHMENTS
1. 13FMS PID19FY19 AO (rev).docx (Public)
2. 13FMS PID19FY19 Assess Ord (rev).docx (Public)
3. CampBowiePID19.pdf (Public)
4. Form 1295 CertificatePID19.pdf (Public)
5. FYI 19 PID 19 5 Year Service Plan (final).pdf (Public)
6. PID19 FID Table.xlsx (CFW Internal)
7. PID19 StarTelegram072118.pdf (Public)
Logname: 13FMS PID 19FY19 Page 3 of 3