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No.
BRIDGE AGREEMENT FOR MANAGEMENT AND IMPROVEMENT SERVICES
Fort Worth Public Improvement District No. 12 (Chapel Hill)
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 RTI COMMUNITY MANAGEMENT ASSOCIATES,
INC., a Texas corporation doing business as CMA, ("Contractor") acting by and through Bill Partridge,
its duly authorized Chief Financial Officer.
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 March 23, 2004,
the City Council of the City of Fort Worth adopted Resolution No. 3060 establishing Fort Worth Public
Improvement District No. 12 (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 I —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.
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U�v Management and Improvement Services Agreement FT WORTH/` X
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(a) Contractor will provide or cause to be provided those improvements and services
("Improvements and Services") set forth and subject to the Budget and Service Plan for
the District, as approved by the City Council for City's 2018-2019 fiscal year ("Budget
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 50062, 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.
Management and Improvement Services Agreement
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(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.
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 50062 as set forth herein.
3. INCORPORATION OF ADDITIONAL TERMS FROM CSC 50062.
3.1 The parties agree to comply with the following sections contained in CSC No. 50062,
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
(1) 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
Management and Improvement Services Agreement
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(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").
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: (I) 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: RTI COMMUNITY MANAGEMENT
ASSOCIATES,a Texas corporation
d/b/a CMA:
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(Susa.)l Alanis Bill P rtridge
istant City Manager CFO
Date: Date:
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APPROVAL RE5OMMENDED:
KATHLEEN E. DAWSEV
3z Notary Public.State of Texas
By: ,, My commission Expires
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Kevin Gunn
Acting Director of Finance
OFFICIAL�R
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CITY SECRETARY
Management and Improvement Services Agreement ET. WORT "fig`��
with CMA for PID 12(Chapel Hill) 4 of 7
APPROVED AS TO FORM AND LEGALITY:
By:
Tyler F. Wal
Assistant City Attorney
M&C: BH-392
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.
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OFFICIAL RECORD
CITY SECRETARY
Management and Improvement Services Agreement FT. WORTH,TX
with CMA for PID 12(Chapel Hill) 5 of 7
Exhibit"A"
Budget and Service Plan
City of Fort Worth
Five Year Service Plan
Public Improvement District No.12-Chapel Hill of Fort Worth
FY18119 FY19120 FY20/21 FY2122 FY2223
REVENUES
PID Assessments $62,786 $59,977 $60,085 $60,192 $60,300
Budget Revenues W786 $193,977 $00,086 $80,192 580,300
Use of Fund Balance 1,642 -
Total Revenues $64,428 $161,977 $90,086 $60,192 $80,300
EXPENSES
Management Fee 8,160 8,299 8,440 8,583 8,729
Utilities 35,369 36,430 37,523 38,649 39,806
Landscaping 12,609 12,509 12,722 12,722 12,938
Audit 1,0o0 1,000 1,000 1,000 1,000
Pond Maintenance 2,340 2,340 2,817 2,817 2,817
Pond Chemicals 300 325 350 325 350
Fountain Repairs 750 825 675 795 850
Capital Improvements 1,500 1,500 1,500 1,500 1,500
Irrigation Repairs 500 500 500 500 500
City Administrative Fee 2,0o0 2,000 2,000 2,000 2.000
Budget Expenses 64,428 96,728 97,526 68,891 70,493
Contribution to Fund Balance -
Total Expenses $e4,428 $65,726 $67,626 $681891 $70,493
Management and Improvement Services Agreement
with CMA for PID 12(Chapel Hill) 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 CMA for PID 12(Chapel Hill) 7 of 7
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL Ad
CTIONR Approved on 8!2'I/2418 Ordinance Nos. 23337-08-24't8
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DATE: Tuesday, August 21, 2018 REFERENCE NO.: BH-392
LOG NAME: 13FMS PID12FY19
SUBJECT:
Conduct Public Benefit Hearing for Public Improvement District 12 - Chapel Hill, Approve Fiscal Year 2018-
2019 Budget and Five-Year Service Plan in the Amount of$64,428.00, Approve Tax Year 2018
Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2018 Tax Year at a Rate of$0.18
Per Each $100.00 of Property Value, Adopt Ordinance (1) Increasing Estimated Receipts and
Appropriations in the Fort Worth Public Improvement District 12 - Chapel Hill Fund in the Amount of
$62,786.00, from Available Funds, and (2) Increasing Appropriations in that Fund in the Amount of
$1,642.00 and Reducing Fund Balance by the same Amount, and Authorize Execution of Agreement with
RTI Community Management Associates, Inc., in the Amount of$8,160.00 to Manage the District
(COUNCIL DISTRICT 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 12 - Chapel Hill for the 2018 tax year;
2. Approve the attached Fiscal Year 2018-2019 Budget and Five-Year Service Plan for Public
Improvement District 12 - Chapel Hill in the amount of$64,428.00;
3. Approve the Tax Year 2018 Assessment Roll for Public Improvement District 12 -Chapel Hill , on file
with the City Secretary;
4. Adopt the attached ordinance levying special assessments on the property located in Public
Improvement District 12 - Chapel Hill for the 2018 tax year at a rate of$0.18 per each $100.00 of property
value;
5. Adopt the attached ordinance (1) increasing estimated receipts and appropriations in the Fort Worth
Public Improvement District 12— Chapel Hill Fund ("Fund") in the amount of$62,786.00, from available
funds, and (2) increasing appropriations in the Fund in the amount of$1,642.00 and reducing the fund
balance by the same amount; and
6. Authorize the execution of an Agreement with RTI Community Management Associates, Inc., in the
amount of$8,160.00 to provide management of the improvements and services for Public Improvement
District 12 - Chapel Hill during Fiscal Year 2018-2019.
DISCUSSION:
On March 23, 2004, the City Council adopted Resolution No. 3060 establishing Fort Worth Public
Lop-name: 13FMS PID12FY19 Pape I of 3
Improvement District 12 - Chapel Hill (Chapel Hill PID).
The purpose of this benefit hearing is to receive comments from the public regarding the 2018-2019 Fiscal
Year Budget and Five-Year Service Plan for the Chapel Hill PID and the proposed assessments to be
levied on each property in the Chapel Hill 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 Chapel PID and the costs thereof are as follows:
Improvements Total Budgeted Costs
Management Fee $ 8,160.00
Utilities $ 35,369.00
Landscaping $ 12,509
Audit $ 1,000.00
Pond Maintenance $ 2,340.00
Pond Chemicals $ 300.00
Fountain Repairs $ 750.00
Capital Improvements $ 1,500.00
Irrigation repairs $ 500.00
City Administrative Fee $ 2,000.00
Total Expenses $ 64,428.00
The total budgeted costs of the improvements are in the amount of$64,428.00. Of this amount,
$62,786.00 will be funded by assessments collected on privately owned parcels located in the Chapel Hill
PID by applying a rate of$0.18 per each $100.00 of property value, representing a decrease of$0.01 from
the prior year. The remaining $1,642.00 will be funded by a transfer from the unaudited, unassigned fund
balance.
For Fiscal Year 2018 (tax year 2017) City Council levied an assessment rate of$0.19 per$100.00 of
property value. The Chapel Hill PID experienced growth in net taxable value equal to 9.4%, or
$3,007,368.00, allowing for the assessment rate to be reduced by $0.01. Thus, the recommended Fiscal
Year 2019 (tax year 2018) assessment rate is $0.18 per each $100.00 of property value. Even with the
lower assessment rate, revenue growth year over year is $995.00 or 1.6%.
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 Chapel Hill PID
(M&C BH 378). 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 Chapel Hill PID
on July 20, 2018, in accordance with state law. Included within those notices was a draft of the Fiscal Year
2019 budget equaling $64,428.00. This amount was estimated baked upon non-certified values received
from the Tarrant Appraisal District. On July 23, 2018, the City received certified values for the Chapel Hill
PID and, as such, has finalized the Fiscal Year 2019 budget with no changes.
The Chapel Hill PID is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION /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 12 - Chapel Hill Fund.
Logname: 13FMS PID12FY19 Page 2 of 3
FUND IDENTIFIERS (FIDS):
TO
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
FROM
Fund Department ccoun Project Program ctivity Budget Reference # �moul
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 PID12FY19 AO (rey).docx (Public)
2. 13FMS PID12FY19 Assess Ord (rev).docx (Public)
3. 2019 Five Year Service Plan FY19 Budget PID12.pdf (Public)
4. Form 1295 CertificatePID12.pdf (Public)
5. PID-12 Chapel Hill orthos.pdf (Public)
6. PID12 FID Table.xlsx (CFW Internal)
7. StarTelegram Notice (rev).pdf (Public)
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