HomeMy WebLinkAboutContract 51946 CITY SECRETARY
CONTRACT NO. Lkk
MANAGEMENT AND IMPROVEMENT SERVICES AGREEMENT
Fort Worth Public Improvement District No. 1 (Downtown)
This MANAGEMENT AND IMPROVEMENT SERVICES AGREEMENT ("Agreement")
is made and entered into by and between the CITY OF FORT WORTH ("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 DOWNTOWN FORT WORTH, INC., a Texas nonprofit
corporation, ("Contractor")acting by and through Andy Taft, 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 June 23, 2009,
the City Council of the City of Fort Worth adopted Resolution No. 3756-06-2009 reestablishing Fort
Worth Public Improvement District No. 1 ("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 entered into a temporary, bridge agreement to allow the
Contractor to manage the improvements and services for the District until such time as the parties could
negotiate a more permanent agreement to serve through the end of the City's fiscal year (October 1 —
September 30),the same being Fort Worth City Secretary Contract No. 51629("Bridge Agreement");
WHEREAS, this Agreement is intended to serve as the permanent agreement for provision of
certain improvements and services in the District through the remaining fiscal year;
WHEREAS, such improvements and services constitute a supplement to standard City services
and an added increment of service to provide other special benefits and services that will enhance the
vitality and quality of the District;
WHEREAS, Contractor wishes to assist the City by providing, furnishing, or performing such
improvements and services; 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
in Section 2 for the City's 2018-2019 fiscal year(October 1,2018—September 30,2019 "Fiscaly "
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2. IMPROVEMENTS AND SERVICES FOR THE DISTRICT.
2.1. Scope of Contractor's Duties. 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 this 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). Contractor
will also comply with the following related duties and responsibilities:
(a)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.
(b) Monitor work performed by any subcontractors for any of the above-referenced
Improvements and Services to ascertain that all such work is performed completely,
professionally, and with the appropriate level of quality and to make whatever changes
are necessary to achieve these objectives.
(c) Obtain, maintain, and pay for insurance necessitated by the above-referenced
Improvements and Services, as may be directed or reviewed by the City's Risk Manager.
(d) In accordance with Section 372.013 of the Texas Local Government Code and the PID
Policy, prepare a Budget and Service Plan for the fiat five (5) years following the fiscal
year covered by this Agreement, to be adopted by the advisory body for the District or
other entity designated by the City and approved by the City Council, with any proposed
Budget and Service Plan to include, at the very least,the following:
i. Detailed, line item budget of the Management Fee(as defined hereinafter);
ii. Summary of Improvements and Services provided in the prior year and highlights of
accomplishments;
iii. Plans for Improvements and Services over the next five years with highlights of
major investments and expenditures;
iv. If the plan calls for major investments and expenditures to include capital
improvements as defined by the City's Capital As3et Policy,a project plan associated
with the acquisition, design, and construction, of t Ile project is also required.
v. Projections of assessment rates; and
vi. If rates for property types(i.e., commercial versus residential)are different within the
District, the Contractor must compute the benefit/expense ratio ensuring the amount
paid by types of property is relative to the benefit received.
(e) Maintain a full and accurate accounting of disbursements for reimbursement from
District revenues and all other financial reporting requirements set forth in the PID
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Policy, including, but not limited to, maintaining and providing original receipts for
services performed under the Budget and Service Plan.
(f) Comply with all other duties and responsibilities set forth in the PID Policy.
(g) Coordinate with the Administrator (as hereinafter defined) to receive advance written
approval by the Director of the City's Park and Recreation Department or his/her
designee prior to any authorized construction or maintenance of capital improvements in
any dedicated City park.
(h) Publish a newsletter (once per quarter in a month that does not contain a quarterly
meeting set out below) for property owners within the District, informing them of news
that is pertinent to the District, including, without limitation, upcoming meetings and
events,project updates, future projects, and the like.
(i) Conduct quarterly meetings for the property owners within the District, which will
include, at a minimum: a published agenda; updates on activities occurring within the
District; overview of upcoming events and activities within District; financial updates
(i.e., budget and year-to-date revenues and expenditures); and educational topics that
benefit people within the District.
(j) Create and maintain a dedicated District website that includes specific information about
the District, including without limitation,the following:
L Resolutions passed by the City of Fort Worth Mayor and City Council establishing
the District;
ii. Map of the District;
iii. Contact information for the Contractor and the Administrator, including e-mail
addresses and phone numbers;
iv. Updates on major activities and events occurring within the District;
v. District meeting schedule for the fiscal year, including times and locations;
vi. Current budget of the District;
vii Current Five-Year Service and Assessment Plan;
viii.Current year's assessment ordinance;and
(k) Ensure that a live person is available to answer phone calls from property owners,
residents, and occupants of the District and emails regarding services, activities, and
general PID questions between normal or posted business hours(Monday through Friday
from 8:00 am to 5:00 pm). The Contractor must return any phone calls and messages
within 48 hours.
(1) To the extent that the City provided the Contractor with a monetary advance of District
assessments at any time, the Contractor agrees to work diligently with the Administrator
to determine the amount of any such advance. If the Administrator determines that the
Contractor received an advance that has not been repaid to the City, then Contractor must
pay all sums due to the City on or before September 30, 2019,unless otherwise agreed by
the Administrator in writing.
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(m)If Contactor receives any non-assessment revenue generated from the District, including,
but not limited to, event sponsorships, banner programs, and advertisements, then the
Contractor is responsible for ensuring that any such revenue is provided to the City to be
receipted into the respective PID District fund. Contractor must submit such revenue on
a monthly basis with the required report set forth in STction 6.3.
(n) As part of the annual external audit or annual review set out in the Budget and Service
Plan, Contractor must timely respond to inquiries and requests for information and
provide all relevant documents,data, and information that relate to District's business and
activities that enable the external audit engagement to be completed. External audits will
only be required where PID assessment revenue exceeds $150,000.00; however,pursuant
to the PID Policy, all records maintained by the Contractor are subject to review and
audit by the city personnel and external auditors at any time. Where PID assessment
revenue is $150,000.00 or less, the Contractor will be subject to an Agreed Upon
Procedure(AUP)engagement by an outside auditor,where a sample of the expenses will
be selected and tested for inclusion in the budget and service plan. For external audits,
the external auditor will be selected by the City and will be engaged to provide, at a
minimum,an opinion of the Contractor on the following activities:
i. Financial statements;
ii. All expenses paid by the Contractor were compliant with this Agreement, including,
but not limited to, all applicable laws(i.e., Chapters 252 and 372 of the Texas Local
Government Code);
iii. Compliance with all procurement laws, rules, and regulation, including, but not
limited to,City and State of Texas;
iv. Compliance with the PID Policy, as amended frog time-to-time; and
v. Contractor's delivery of the Improvements and .services outlined within the Budget
and Service Plan.
(o) Review the monthly financial reports to ensure compliance with the City's standards on
budgetary controls and month-to-date and year-to-date expenditures. Contractor will not
overspend any annual appropriation or end the year with expenditures exceeding
available resources(revenue plus spendable fund balance).
(p) Complete a fiscal review at mid-year, in conjunction with the Administrator, of the
District's revenue and expenditure activity and project year-end spend to ensure
compliance with City's Fiscal Policies such that expenditures will not exceed
appropriations and expenditures will not exceed available resources (revenue plus
spendable fund balance).
(q) Identify, apply, receive, monitor, and comply with external grant opportunities that
facilitate the furtherance of the activities and goals of the District in accordance with the
City's Grant Management Policies and Procedures. All grants must be approved by the
City prior to being accepted by the Contractor.
(r) Designate one of its employees to be the primary District manager. Nothing contained in
this subsection is intended to prohibit the designated employee from performing other job
functions on behalf of or for the Contractor.
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(s) Participate in meetings of City of Fort Worth departments of Financial Management
Services, Park and Recreation, Transportation and Public Works, and Internal Audit to
coordinate District activities.
(t) 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.
(u) 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.
(v) Maintain complete set of all available 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.
(w)Work with all District committees to coordinate and handle all details associated with
public events that are sponsored by District.
(x) Comply with all duties and responsibilities set forth in Exhibits `B" and "C", which are
attached hereto and made a part of this Agreement for all purposes; and
2.2. Standard of Care; Nature of Relationship. Contractor will commence, carry on, and
provide the 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 laws.
Contractor must ensure that any work on the Improvements and Services is properly coordinated with
related work being performed by the City. Contractor represents that it has, or will secure, at its own
expense, all materials, supplies, machinery, equipment, accessories, and services necessary to provide the
Improvements and Services. Unless otherwise specifically provided herein, all of the Improvements and
Services will be performed by the Contractor or under the Contractor's supervision. All personnel
engaged by the Contractor must be fully qualified to perform those Improvements and Services delegated
to them.
2.3. 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" shall not
include any duties or responsibilities related to the Ambassador Program (as defined in
Exhibit C), running radar on drivers, writing parking citations, investigating crimes, or
other job functions normally performed by on-duty police officers. Contractor shall bear
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sole responsibility, if any, for reporting its payment fqr 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 shall 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 proscribed by the City.
(c) Notwithstanding anything to the contrary in this Section 2.3, 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.
3. CITY'S DUTIES AND RESPONSIBILITIES.
3.1 The City will provide the following services in cormection with the operation of the
District and the Contractor's performance under this Agreement:
(a) Levying and collecting assessments and recording the same in a separate revenue
account;
(b) Making payments to Contractor from special assessment revenues and other District
revenues;
(c) Maintaining a standard level of services in the Dis-rict comparable to what would be
provided for the taxpayers generally;
(d) Maintaining complete and detailed records concerning any expenditure of special
assessment revenues and other District revenues, which are made through City
departments,boards, or agencies;
(e) Retaining and expending revenues from special a4sessments, penalties, interest, and
investment income thereon solely in the District;
(f) Preparing an annual report of delinquent property assessments and liens thereon to be
assigned to the City's delinquent tax collection attorn�y;
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(g) Making regular reports concerning delinquent assessments and making billings thereon as
necessary;
(h) Producing an annual assessment roll of property owners and property within the District;
(i) Adopting the annual budget of the District;
(j) Providing monthly budget to actual reports to the Contractor to facilitate a review of
month-to-date and year-to-date financial activity; and
(k) Reporting and publishing the financial activity of the District in the City's audited
financial statements.
3.2 Contractor understands and acknowledges that the District is not a separate legal entity;
therefore, Contractor agrees that it will not create ownership of anything under the name of the District,
including,but not limited to, assets,bank accounts, and insurance policies.
4. AMENDMENTS.
4.1 This Agreement may not be amended unless executed in writing by both parties.
5. TERM.
5.1 This Agreement is effective beginning on January 1, 2019 (the "Effective Date") and,
unless terminated earlier in accordance with this Agreement, expires on the later of September 30, 2019
or the date that all obligations of the City and Contractor have been met in accordance with the terms
herein("Term").
6. FUNDING.
6.1. Mannement Fee. As full compensation for the provision of all Improvements and
Services during the term of this Agreement, City will pay the Contractor a management fee of Three
Hundred Twenty Thousand, Three Hundred Fifty Dollars and No Cents ($320,350.00) in equal
monthly installments ("Management Fee").This amount is reflected in the Budget and Service Plan as the
"Management Fee" and "Insurance",. 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.
6.2 Improvements and Services. City will reimburse the Contractor all actual and
necessary expenses incurred to perform the Improvements and Services, exclusive of the Management
Fee, up to the amount of each respective line item in the Budget and Service Plan.
6.3 Process for Payment. To receive payment under this Agreement, on or before the tenth
(10th) day of each month that this Agreement is in effect, beginning in February of 2019, Contractor must
submit a written report to the Director of the City's Financial Management Department or that person's
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authorized designee ("Administrator") detailing the Improvement and Services provided by Contractor
for the prior month, inclusive of the monthly Management Fee, and any non-assessment revenue received
by the Contractor. If the tenth (10`h) of the month falls on a weeken:l or City holiday, then the deadline
will be extended to the next day that the City is open for regular business. By way of example only,
November 10, 2018 falls on a Saturday, so the due date would be on Monday,November 12,2018.
(a) The written report must include documentation sufficiently demonstrating to the
Administrator any sums paid by Contractor, a summary of any amounts awarded to
vendors for contracts,year-to-date payments, any revenues received from non-assessment
revenue, and any other documentation requested by the Administrator. Provided that all
such necessary reports and supporting documentation have been provided to the
Administrator,the City will pay the Contractor for all lawful expenses paid by Contractor
within thirty (30) calendar days of receipt of all such written reports and supporting
documentation.
6.4 Previous Payments. Any funds previously paid to the Contractor pursuant to the Bridge
Agreement, including, but not limited to, payments for the Management Fee and any Improvements and
Services,will apply toward the total amount to be paid or reimbursed under this Agreement.
6.5 Notwithstanding anything to the contrary herein, the City will not be required to pay
Contractor any amount that exceeds the then-current balance of District revenues or that is not in
accordance with the Budget and Service Plan for the then-current fiscal year. Contractor must pay or
reimburse the City for any unauthorized expenses incurred that are not in accordance with the Budget and
Service Plan for the then-current fiscal year, unless otherwise approved by the Administrator. City may
withhold Management Fee payments due to the Contractor until such unauthorized expenses are
reimbursed. Contractor will be responsible for all Internal Revenue Service reporting and administration
requirements associated with paying vendors for services provided under the Budget and Service Plan.
Contractor will not be reimbursed for any late fees or interest that accrues as a result of a late payment by
the Contractor to a vendor or subcontractor.
6.6 Work Reports. Contractor must also submit a quarterly work report to the
Administrator. This work report must detail all of the Contractor's significant work activities in the
District. The format of the report must be mutually agreed upon by the Contractor and the Administrator.
Notwithstanding anything to the contrary herein, payments to Contractor may be withheld if the
Administrator does not receive a report in a timely manner. The Administrator reserves the right to verify
that the report is complete and accurate.
6.7 Insufficient District Funds. In the event that District revenues are not available or are
insufficient for the City to make any payment to Contractor hereunder, the City will promptly notify
Contractor. At Contractor's request, the City and the Contractor wi I1 meet and attempt to negotiate an
amendment to this Agreement so that the scope of Improvements and Services may be reduced to
correspond to the amount of District funds that are available or are anticipated to become available. If
such an amendment cannot be successfully negotiated,Contractor will have the right to pay the deficit(on
a non-reimbursable basis), in which case this Agreement will continue in effect. If such an amendment
cannot be successfully negotiated and Contractor does not elect to fund the deficit, either party may
terminate this Agreement upon thirty(30)days' advance written notice to the other party.
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7. DISCRIMINATION PROHIBITED.
7.1 Contractor, in the execution, performance, or attempted performance of this Agreement,
will not discriminate against any person or persons because of sex, race, religion, color, national origin,
sexual orientation or familial status, nor will the Contractor permit its officers, agents, employees or
subcontractors to engage in such discrimination. This Agreement is made and entered into with reference
specifically to the ordinances codified at Chapter 17, Article III, Division 3 (Employment Practices) of
the Code of the City of Fort Worth, and Contractor hereby covenants and agrees that Contractor, its
officers, agents, employees and subcontractors, have fully complied with all provisions of same and that
no employee or applicant for employment has been discriminated against under the terms of such
ordinances by either Contractor, its officers, agents, employees or subcontractors.
8. BUSINESS DIVERSITY ENTERPRISE ORDINANCE
8.1 In accordance with City of Fort Worth Ordinance No. 20020-12-2011, effective June 1,
2012, the City has established goals for the participation of Minority Business Enterprises ("MBEs") and
Small Business Enterprises ("SBEs") in City contracts. Contractor must comply, and require that its
subcontractors comply, with the terms of this ordinance and any amendments thereto. Failure by the
Contractor to comply, or to require its subcontractors to comply, with such ordinance will constitute a
breach of this Agreement and be grounds for termination of this Agreement by the City.
9. CONTRACTOR LIABILITY.
9.1 Contractor hereby assumes full liability for any damages to any public or private property
due to the negligence or willful misconduct of Contractor, its subcontractors, agents, permitees or assigns.
10. LIABILITY OF CITY; PERSONAL LIABILITY OF PUBLIC OFFICIALS.
10.1 No employee of the City, nor any other agent or representative of the City, will be
personally liable for any damages caused by Contractor, its officers, agents, servants, employees,
contractors and subcontractors or any other liabilities of Contractor under this Agreement or otherwise
related to this Agreement. It is further expressly agreed that the City will not be liable or responsible for
any damages caused by Contractor, its officers, agents, servants, employees, contractors and
subcontractors or any other liabilities of Contractor under this Agreement or otherwise related to this
Agreement, nor will the City be liable or responsible to Contractor or any other person for or on account
of any stoppage or delay in the work herein provided for by injunction or other legal or equitable
proceedings, or from or by or on account of any delay for any cause over which the City has no control.
11. INDEMNIFICATION.
11.1 CONTRACTOR COVENANTS AND AGREES TO, AND DOES HEREBY,
INDEMNIFY AND HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS,
REPRESENTATIVES, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL SUITS OR
CLAIMS FOR DAMAGES OR INJURIES, INCLUDING, BUT NOT LIMITED TO, DEATH, TO
ANYAND ALL PERSONS OR PROPERTY, WHETHER REAL OR ASSERTED,ARISING OUT OF
OR IN CONNECTION WITH ANY ACT OR OMISSION ON THE PART OF THE CONTRACTOR,
ITS OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES, EMPLOYEES, OR
SUBCONTRACTORS,AND THE CONTRACTOR DOES HEREBYASSUME ALL LIABILITYAND
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RESPONSIBILITY FOR INJURIES, CLAIMS, OR SUITS FOR DAMAGES TO PERSONS OR
PROPERTY, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED,
OCCURRING D URING OR ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT AS
A RESULT OF ANY ACT OR OMISSION ON THE PART OF THE CONTRACTOR, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, REPRESENTATIVES, OR
SUBCONTRACTORS. SUCH INDEMNIFICATION MUST INCLUDE WORKERS'
COMPENSATION CLAIMS OF OR BY ANYONE WHOMSOEI'ER IN ANY WAY RESULTING
FROM OR ARISING OUT OF CONTRACTOR'S WORK, SERVICES AND OPERATIONS IN
CONNECTION HEREWITH, INCLUDING, BUT NOT LIMITED TO, OPERATIONS OF
SUBCONTRACTORS.
11.2 CONTRACTOR MUST LIKEWISE INDEMNIFY AND HOLD HARMLESS THE
CITY FOR ANYAND ALL INJURY OR DAMAGE TO CITY PROPERTYARISING OUT OF OR IN
CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF CONTRACTOR, ITS
OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS,
SUBCONTRACTORS,LICENSEES, OR INVITEES.
11.3 Insurance coverage specified herein constitutes the minimum requirements and such
requirements will in no way lessen or limit the liability of Contractor under the terms of this Agreement.
12. INDEPENDENT CONTRACTOR.
12.1 It is expressly understood and agreed that Contractor and its employees, representative,
agents, servants, officers, contractors, subcontractors, and volunteers will operate as independent
contractors as to all rights and privileges and work performed under this Agreement, and not as agents,
representatives or employees of the City. Subject to and in accordance with the conditions and provisions
of this Agreement, Contractor will 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. Contractor acknowledges that the doctrine
of respondeat superior will not apply as between the City and its officers, representatives, agents,
servants, and employees, and Contractor and its employees, representative, agents, servants, officers,
contractors, subcontractors, and volunteers. Contractor further agrees that nothing herein will be
construed as the creation of a partnership or joint enterprise between City and Contractor. It is further
understood that the City will in no way be considered a Co-employer or a Joint employer of Contractor or
any employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers of
Contractor. Neither Contractor, nor any officers, agents, servants, employees or subcontractors of
Contractor will be entitled to any wages or employment benefits from the City. Contractor will be
responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of
employees,representative, agents, servants, officers, contractors, subcpntractors, and volunteers
13. INSURANCE.
13.1 Contractor will not commence work under this Asreement until it has obtained and
received approval from the City of all insurance coverage required hereunder. Contractor will be
responsible for delivering to the Administrator a certificate or certificates of insurance demonstrating that
Contractor has obtained the coverages required under this Agreement. The minimum insurance required
of Contractor,throughout the term of this Agreement, is as follows:
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(a) WORKER'S COMPENSATION INSURANCE: Contractor must maintain statutory
Worker's Compensation Insurance on all of its employees to be engaged in undertaking
any Improvements and Services hereunder. In case any class of employees engaged in
hazardous work under this Agreement is not protected under the state's Worker's
Compensation statutes, Contractor must provide adequate employer's general liability
insurance for the protection of such employees not so protected.
(b) COMPREHENSIVE GENERAL LIABILITY INSURANCE: Contractor must maintain
a commercial general liability insurance policy in an amount of not less than $1,000,000
covering each occurrence with an aggregate limit of not less than$2,000,000.
(c) AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE:
Contractor must maintain comprehensive automobile liability coverage in an amount not
less than $1,000,000 for each accident. This policy must cover any automobile used in
the provision of Improvements and Services under this Agreement.
13.2 Additional Requirements.
(a) Where applicable, insurance policies required herein must be endorsed to include City as
an additional insured as its interest may appear. Additional insured parties must include
employees,representatives, officers,agents,and volunteers of City.
(b) The Workers' Compensation Insurance policy must be endorsed to include a waiver of
subrogation, also referred to as a waiver of rights of recovery, in favor of City. Such
insurance must cover employees performing work on any and all projects. CSC or its
contractors must maintain coverages, if applicable. In the event the respective
contractors do not maintain coverage, CSC must maintain the coverage on such
contractor, if applicable, for each applicable contract.
(c) Any failure on the part of 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.
(d) Insurers of Contractor's insurance policies must 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 must be acceptable to City insofar as their
financial strength and solvency and each such company must have a current minimum
A.M. Best Key Rating Guide rating of A-: VII or other equivalent insurance industry
standard rating otherwise approved by City.
(e) The insurer be represented by an agent or agents having an office located within the
Dallas-Fort Worth metropolitan area. Each such agent must be duly qualified, upon
whom service of process may be had, and must have authority and power to act on behalf
of the insurance company to negotiate and settle with the City, or any other claimant, any
claims that the City, or any other claimant, or any property owner who has been damaged
may have against the Contractor or insurance company. The name of the agent or agents
will be set forth on all certificates of insurance.
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(f) Deductible limits on insurance policies must not exgeed $10,000 per occurrence unless
otherwise approved by City.
(g) 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.
(h) Contractor must require its contractors and subcontractors to maintain applicable
insurance coverages, limits, and other requirements as those specified herein; and,
Contractor must require its contractors and subcontractors to provide Contractor and City
with certificate(s) of insurance documenting such coverage. Also, Contractor must
require its subcontractors to have City and CSC endorsed as additional insureds (as their
interest may appear)on their respective insurance policies.
(i) All policies must provide that they may not be changed or canceled by the insurer in less
than five (5) business days after the City has received written notice of such change or
cancellation. Such insurance amounts may be revised upward at City's request, and
Contractor must revise such amounts within thirty(30) calendar days after receipt of such
request.
14. TAXES.
14.1 Contractor must pay all federal, state, and local takes that may be chargeable on any
Improvements and Services provided hereunder or otherwise in relation to Contractor's duties and
obligations hereunder.
15. PERMITS AND LICENSES.
15.1 Contractor must obtain or cause any of its contractors and subcontractors to obtain and
pay for any necessary permits and licenses,whether issued by the state, county or City, before proceeding
with any work hereunder that requires any such permits.
16. CHARACTER OF WORK AND OPERATIONS.
16.1 Contractor and Contractor's employees, contractors, and subcontractors must be
competent and careful workmen skilled in their respective trades. Contractor will not employ any person
who repeatedly engages in misconduct or is incompetent or negligent in the due and proper performance
of its duties or has been convicted of any crime of moral turpitude. The City retains the right to require
the Contractor to remove any employee who is guilty of misconduct toward the public or is in any way
discourteous to the public. This Improvements and Services are being performed for the public benefit,
and it is necessary that it be performed in an acceptable manner and at a satisfactory rate of progress.
16.2 Contractor must, at all times,maintain its equipment in a clean and serviceable condition.
All equipment must be properly licensed and inspected and clearly marked with the Contractor's name
and telephone number.
Management and Improvement Services Agreement
with Downtown Fort Worth,Inc.for PID 1(Downtown) 12 of 20
17. ASSIGNMENT AND SUBCONTRACTING.
17.1 Contractor will have the right to subcontract for the provision of any Improvements and
Services authorized hereunder so long as the subcontract is in writing. Contractor must provide the
Administrator with a final executed copy of all subcontracts. The existence of a subcontract will not
relieve Contractor of any responsibility or liability to the City under this Agreement. Otherwise,
Contractor may not assign, transfer, or convey any of its duties and responsibilities under this Agreement
to another party without the advance written approval of the City and execution by such party of a written
agreement with the City under which such party agrees to be bound by the duties and obligations of
Contractor under this Agreement.
18. TERMINATION.
18.1 All terms, conditions, and provisions of this Agreement are considered material, and
Contractor's failure to perform any part of this Agreement constitutes an event of default hereunder.
Should the Contractor fail to fully cure any default hereunder within fourteen (14) calendar days after
receipt from the City of written notice of the default (or, provided that Contractor has diligently
commenced and continuously attempted cure within such time, such additional time as may be reasonably
necessary to fully cure the default), the City may, at its option and in addition to any other remedies
available to it under law or in equity,terminate this Agreement by providing written notice to Contractor.
18.2 Notwithstanding the foregoing, City may terminate this Agreement for any reason upon
thirty(30)calendar days' prior written notice to Contractor. In the event of any termination, any work in
progress will continue to completion unless specified otherwise in the City's termination notice. The City
will pay for any such work in progress that is completed by Contractor and accepted by the City.
19. COOPERATION WITH CITY.
19.1 Contractor must, at such time and in such form as City may require, furnish periodic
information concerning the status of the Improvements and Services and such other statements,
certificates, and approvals relative to the same as may be requested by the City. Contractor must meet
with the Administrator or other City officials as may be requested to discuss any aspect of this
Agreement.
20. BOOKS AND RECORDS; AUDITING RIGHTS.
20.1 Contractor must maintain complete and accurate records with respect to all expenditures
and costs incurred for all Improvements and Services provided hereunder. All such records must be
clearly identified and readily accessible to the City. Contractor must provide representatives of City or its
appointees free access to such records, at all proper times, in order that they may examine and audit the
same and make copies thereof. Contractor must further allow the City and its representatives to make
inspections of all work data, documents, proceedings, and activities related to this Agreement. Such right
of access and audit will continue for a period of three (3)years from the expiration or termination under
this Agreement. The City will also have the right to conduct a performance audit and evaluation of
Contractor at such times as the City deems necessary. Contractor must fully cooperate with any such
performance audit. The City may employ consultants at the City's expense to assist City in such
performance audit. Contractor agrees to give the City and its consultants access to all reports, data,
schedules and other relevant information that may be required to conduct such performance audit.
Management and Improvement Services Agreement
with Downtown Fort Worth,Inc.for PID 1(Downtown) 13 of 20
20.2 Contractor 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 will, 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 City will
have access during normal working hours to all contractor and subcontractor facilities and will be
provided adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this paragraph. City will give the contractor and subcontractor reasonable advance notice of
intended audits.
21. NOTICES.
21.1 Any notices, bills, invoices, or reports required by this Agreement will be conclusively
determined to have been delivered three (3) business days after deposit in the United States mail, in a
sealed envelope with sufficient postage attached, to the addresses listed below or such other addresses as
may from time to time be provided to the other party:
City: Contractor:
City of Fort Worth Downtown Fort Worth,Inc.
Attn: PID Administrator Attn: Andy Taft,President
Financial Management Services Dept. 777 Taylor St., Suite 100
200 Texas Street Fort Worth,TX 76102
Fort Worth,Texas 76102-6311
Copy to:
City Attorney,at the same address.
22. COMPLIANCE WITH LAWS,ORDINANCES,RULES AND REGULATIONS.
22.1 This 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.
23. GOVERNMENTAL POWERS.
23.1 It is understood that by execution of this Agreement, the City does not waive or surrender
any of it governmental powers or immunities.
24. NO WAIVER.
24.1 The failure of either party to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted hereunder does not constitute a waiver of that party's right to
insist upon appropriate performance or to assert any such right on any,future occasion.
Management and Improvement Services Agreement
with Downtown Fort Worth,Inc.for PID 1(Downtown) 14 of 20
25. VENUE AND CHOICE OF LAW.
25.1 If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of this Agreement, venue for such action will lie in state courts located in Tarrant County,
Texas or the United States District Court for the Northern District of Texas—Fort Worth Division. This
Agreement will be construed in accordance with the laws of the State of Texas.
26. NO THIRD PARTY RIGHTS.
26.1 The provisions and conditions of this Agreement are solely for the benefit of the City and
Contractor and are not intended to create any rights, contractual or otherwise, to any other person or
entity.
27. INTERPRETATION.
27.1 In the event of any dispute over the meaning or application of any provision of this
Agreement, this Agreement will be interpreted fairly and reasonably, and neither more strongly for or
against any party,regardless of the actual drafter of this Agreement.
28. CAPTIONS.
28.1 Captions and headings used in this Agreement are for reference purposes only and will
not be deemed a part of this Agreement.
29. COUNTERPARTS.
29.1 This Agreement may be executed in multiple counterparts, each of which will be
considered an original,but all of which will constitute one instrument.
30. ENTIRETY OF AGREEMENT.
30.1 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: DOWNTOWN FORT WORTH,INC.,
a Texas non ofit corporation:
1
By: By: �Z
Uus Alanis Andy Taft f
s ' tant City Manager President
EFT.
IAL.RECORD
Management and Improvement Services Agreement S��R�r
with Downtown Fort Worth,Inc.for PID I(Downtown) U®R7H� a
Date:_ Date:
ATTEST: s aj- ATTEST:
�.:• •..?apt,
By: '.: A By:
ary Name:
City Secret U. i{r Title:
7'EX .
APPROVAL RECOMMENDED:
By:
—Zk
Kevin Gunn
Acting Director of the Finance
APPROVED AS TO F AND LEGALITY:
By:
Tyler F allach
Assistafft City Attorney
M&C: BH-387
Date: August 21,2018
Form 1295: 2018-406735
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.
04 E,-7---'
'l-ITame of Em-loyee
T') (0 ,�,5
Title
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FICIAL RECORD
�Y'SECRf:YARY
Management and Improvement Services Agreement WORTH TX
with Downtown Fort Worth,Inc.for PID 1(Downtown) 16 of�0
Exhibit"A"
Budget and Service Plan
6
a
d
FrORT WORTH, City of Fort Worth
�^ Five Year Service Plan FY 2018-19-FY 2022-23 UO.
Public Improvement District No.1-Fort Worth
4
FY18/19 FY19/20 FY20/21 FY21/22 FY22/23
REVENUES
PID Assessments $2,553,061 $2,604,222 $2,656,307 $2,709,433 $2,763,621
COFW Assessment $199,783 $203,779 $207,854 $212,011 $216,252
COFW Payment in lieu of Services $147,009 $149,949 $152,948 $156,007 $159,127
PID Generated Revenue $154,601 $157,693 $160,847 $164,064 $167,345
i
Budget Revenues $3,054,454 $3,115,643 $3,177,955 $3,241,515 $3,306,345 I
Use of Fund Balance 58,585
Total Revenues $3,113,039 $3,115,643 $3,177,955 $3,241,515 $3,306,345
EXPENSES
Management Fee 315,050 321,351 327,778 334,334 341,020
Water 11,500 11,730 11,965 12,204 12,448
Utilities 5,000 5,100 5,202 5,306 5,412
Landscaping 142,000 104,757 106,852 108,987 111,169
Trash Removal 1,214,250 1,238,535 1,263,306 1,288,572 1,314,343
e
Holiday Light/Deco 32,500 33,150 33,813 34,489 35,179
Security 61,200 62,515 63,765 65,042 66,341
Ambassador Program 600,000 612,091 624,333 636,820 649,556
Communications/Newsletters 8,000 8,160 8,323 8,490 8,659
Marketing&Research 441,000 433,122 441,784 450,621 459,634 ;
Transportation&Planning 201,150 202,113 206,154 210,277 214,483
Insurance 5,300 5,406 5,514 5,624 5,737 s
Annual Review 15,000 15,300 15,606 15,918 16,236 ?
City Administrative Fee 61,089 62,313 63,559 64,830 66,127
i
Budget Expenses 3,113,039 3,115,643 3,177,955 3,241,515 3,306,345
G
Total Expenses $3,113,039 $3,115,643 $3,177,955 $3,241,515 $3,306,345
E
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Submitted by Downtown Fort Worth,Inc. August 3,2017
Management and Improvement Services Agreement
with Downtown Fort Worth,Inc.for PID 1 (Downtown) 17 of 20
Exhibit`B"
Maintenance and Landscapinu Prop-ram
1) Contractor will provide the following maintenance services in the District:
a) Contractor, either directly or by subcontract, will sweep the streets within the District at least two
days a week.
b) Contractor will sweep or high-pressure hot water wash all sidewalks within the District on a
regular basis as frequently as necessary to keep the sidewalks in a clean, stain-free and trash-free
condition. Sidewalks in the high-use or core area of the District will be swept at least once each
day by a hand crew and once each night by mechanized sweepers, air blowers, or high-pressure
water hoses. Core area sidewalks will also be high-pressur$ hot water washed or swept once a
week by mechanized equipment. Sidewalks in the District but outside the core area will be
cleaned by mechanized sweepers, air blowers or high-pressure water hoses weekly to ensure a
clean,trash-free, stain-free appearance.
c) Contractor will sweep the area around and within all bus shelters daily to ensure a clean, trash-
free appearance. Bus shelters will be high-pressure, hot water hosed once a day, three days a
week,to remove dirt and stains from the shelter area.
d) In addition to the City's regular once-a-day pickup of trash from receptacles in the District and
the City's once-a-day pickup of trash from receptacles adjacent to bus shelters, Contractor will
make any other pickups that are necessary to ensure that the receptacles in the District have
adequate capacity remaining at all times.
e) Contractor will remove litter from sidewalks and streets in the District in a timely and efficient
manner.
f) Contractor will regularly clean street furniture in the District, including benches, drinking
fountains, street planters,pedestrian lighting,telephones, and kiosks.
g) Contractor will remove ice and snow from sidewalks in the District by applying City-approved
chemical de-icers, as necessary, to maintain free passage of pedestrians on the sidewalks. (City
will continue to be responsible for snow and ice removal on the streets.)
h) Contractor will inspect all street and sidewalk brickwork in the District on a regular basis and
report all damage to the City's Transportation and Public Works Department.
2) Contractor will provide the following landscaping services in the District:
a) Contractor will maintain City-owned landscaping in the District (excluding tree and shrub
replacements and landscaping in City parks)including:
i) Watering
ii) Fertilizing
iii) Inspection
iv) Pruning
v) Treatment of wounds
vi) Disease control
vii)Insect control
b) Contractor's services include caring for and beautifying shrubs, trees, decorations in all public
City-owned planter boxes in the District except in parks. Such services will also include planting
blooms in each of the planter boxes on Houston, Main, and Throckmorton Streets(11,000 square
feet of planter boxes)two times a year. Contractor will replace all dead plants promptly.
c) Contractor will not be responsible for the maintenance apd repair of plumbing or electrical
equipment except for electrical equipment pertaining to the tree lights on Houston, Main, and
Throckmorton Streets and replacement of any water sprinkler heads that are damaged by the
Management and Improvement Services Agreement
with Downtown Fort Worth,Inc.for PID 1(Downtown) 18 of 20
negligence or willful misconduct of the Contractor, its agents, servants, employees,
representatives, or subcontractors.
d) Contractor must report all electrical and plumbing problems to the City's Transportation and
Public Works Department, which will report the same to the appropriate City department for
timely correction.
e) Contractor must reimburse the City or pay directly for any repairs resulting from negligence or
abuse of City electrical or plumbing facilities by Contractor, its agents, servants, subcontractors,
or employees.
f) Contractor must coordinate supplemental utility usage for landscaped areas and pay for all water
usage for irrigation of planter boxes on Houston,Main,and Throckmorton Streets.
g) City will arrange for a meter to be issued to the Contractor to permit the Contractor to remove
water from fire hydrants in the District. Such meter will be issued by the City under the same
terms and conditions as such meters are customarily issued to other contractors.
h) Contractor will advise the City's Transportation and Public Works Department concerning the
need for capital improvements, replacements, repairs and relocations of street furniture in the
District.
i) Contractor will cooperate with those who provide audit and legal services to the District.
Management and Improvement Services Agreement
with Downtown Fort Worth,Inc.for PID 1(Downtown) 19 of 20
Exhibit"C"
Ambassador Program
1) Contractor will be responsible for implementing and overseeing an ambassador program
("Ambassador Program") within the District. The primary purpose of the Ambassador Program is to
provide the following safety and hospitality services in the Distract:
a) Visible Presence — Ambassadors will circulate throughout the District daily to create a highly
visible, accessible, outgoing, and inviting presence, with an attitude of friendly professionalism,
superior customer service,and hospitality. Ambassadors will be on foot and will be deployed in a
manner that ensures resources are placed strategically to address critical issues or needs at key
times of day, days of the week, and as needed.
b) Improved Public Order and Reduced Crime—Ambassadors will deter aggressive solicitation
and other prohibited behaviors, report crimes, and provide information and support to the Fort
Worth Police Department, City of Fort Worth Code Compliance, Contractor, and others to help
reduce crime, code violations, and public order problems. Ambassadors will promptly call 911 to
notify the Fort Worth Police Department of any crimes in progress, and conditions or individuals
that may pose immediate risk or danger to persons or property.
c) Property and Business Contacts — Ambassadors will interact directly with property and
business owners, managers, and security personnel to build a network, provide and receive
information relevant to downtown safety and hospitality, and to raise public awareness of the
Ambassador Program.
d) Social Service Outreach and Referrals —Ambassadors will engage with people that appear to
be in need of mental or physical health services, substance abuse treatment, emergency shelter, or
housing to provide resource information, make direct referrals to service agencies, or connect
service staffs to people on the streets.
e) Hospitality and Information—Ambassadors will actively greet pedestrians and provide general
assistance, maps or directions, information on historic sites, shops, restaurants, public
transportation, other places of interest, and general information that may be helpful and
welcoming.
f) Public Assistance—Ambassadors will provide help and support to the general public to address a
wide range of situations and needs, such as: assistance with the use of parking meter stations,
repairing a flat tire, opening a door, escorting employees to parking garages, and by off-setting
any potentially negative experience with a positive interaction.
g) Events Support—Ambassadors may be needed to provide support for the Contractor and other
special events.
h) Data,Metrics,and Reporting—Ambassadors will document all interactions and provide weekly,
monthly, and annual reports that detail services provided, identify problem areas, identify trends,
indicate the type of services or attention needed, and that demonstrate the effectiveness of the
program.
2) Notwithstanding anything to the contrary, it is understood between the parties that the Ambassador
Program is not intended to provide any Security Services for the District nor are the ambassadors to
act as security personnel in any way.
3) In addition to any other requirements set forth in the Agreeinent, Contractor is responsible for
ensuring that the ambassadors have proper, identifiable uniforms signifying their inclusion in the
Ambassador Program and that all ambassadors that interact with the public are properly screened and
pass a thorough background check.
Management and Improvement Services Agreement
with Downtown Fort Worth,Inc.for PID 1(Downtown) 20 of 20
City of Fort Worth, Texas
Mayor and Council Communication
.�►CT141N. Approved on 8/21/208 Ordinance,otos. 23328-08-2018 &;23329-08-
DATE: Tuesday, August 21, 2018 REFERENCE NO.: BH-387
LOG NAME: 13FMS PID01FY19
SUBJECT:
Conduct Public Benefit Hearing for Public Improvement District 1 - Downtown, Approve Fiscal Year 2018-
2019 Budget and Five-Year Service Plan in the Amount of$3,113,039.00, Approve Tax Year 2018
Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2018 Tax Year at a Rate of
$0.115 Per Each $100.00 of Property Value, Adopt Ordinance (1) Increasing Estimated Receipts and
Appropriations in the Fort Worth Public Improvement District 1 - Downtown Fund in the Amount of
$3,054,454.00, from Available Funds, and (2) Increasing Appropriations in that Fund in the Amount of
$58,585.00 and Reducing Fund Balance by the same Amount, and Authorize Execution of an Agreement
with Downtown Fort Worth, Inc., in the Amount of$315,050.00 to Manage the PID (COUNCIL DISTRICT 9)
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 1 - Downtown for the 2018 tax year;
2. Approve the attached Fiscal Year 2018-2019 Budget and Five-Year Service Plan for Public
Improvement District 1 - Downtown in the amount of$3,113,039;
3. Approve the Tax Year 2018 Assessment Roll for Public Improvement District 1 - Downtown, on file with
the City Secretary;
4. Adopt the attached ordinance levying special assessments on the property located in Public
Improvement District 1 - Downtown for the 2018 tax year at a rate of$0.115 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 1 — Downtown Fund ("Fund") in the amount of$3,054,454.00, from available
funds, and (2) increasing appropriations in the Fund in the amount of$58,585.00 and reducing fund
balance by the same amount; and
6. Authorize the execution of an Agreement with Downtown Fort Worth, Inc., in the amount of
$315,050.00 to provide management and improvement services for the Public Improvement District 1 -
Downtown during Fiscal Year 2018-2019.
DISCUSSION:
On June 23, 2009, the Mayor and City Council adopted Resolution No. 3756-06-2009 (MBC C-23627) re-
establishing Fort Worth Public Improvement District 1 - Downtown (Downtown PID).
Logname: 13FMS PIDOIFY19 "- '
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 Downtown PID and the proposed assessments to be
levied on each property in the Downtown 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.
On August 14, 2018, the City Council conducted a public hearing (M&C 13FMS PID1 FY19 BENEFIT)to
receive comments on the proposed 2018-2019 Fiscal Year Budget, Five-Year Service Plan, and
assessments for the Downtown PID. Notice of this benefit hearing was published in the Fort Worth Star-
Tele_ ram and mailed to all record owners of property in the Downtown PID, in accordance with state law.
The improvements and services to be provided in the Downtown PID during the 2018-2019 Fiscal Year
and the costs thereof are as follows:
Improvements Total Budgeted
Costs
Management Fee $ 315,050.00
Water $ 11,500.00
Utilities $ 5,000.00
Landscaping $ 142,000.00
Trash Removal $ 1,214,250.00
Holiday Light/Deco $ 32,500.00
Security $ 61,200.00
Ambassador Program $ 600,000.00
Communications/Newsletters $ 8,000.00
Marketing&Research $ 441,000.00
Transportation&Planning $ 201,150.00
Insurance $ 5,300.00
Annual Review $ 15,000.00
City Administrative Fee $ 6-,089.00
Total Expenses $ 3,113,039.00
The total budgeted costs of the improvements and services are $3,113,039.00. Of this amount,
$2,553,061.00 will be funded by assessments collected on privately owned parcels located in the
Downtown PID by applying a rate of$0.115, representing a decrease of$0.01, to each $100.00 of
property value. The remainder of the costs in the amount of$559,978.00 will be funded by other revenue
sources including: (a) $199,783.00 in direct payments from the City for Payment In-Lieu of Assessments,
(b) $147,009.00 in direct payments from the City for Payment In-Li=_�u of Services, (c) $154,601.00 in
revenues generated by Downtown PID activities, and (d) $58,585.00 transferred from unaudited,
unassigned fund balance.
For Fiscal Year 2018 (tax year 2017), the Downtown PID levied an assessment rate of$0.125 per
$100.00 of property value. The Downtown PID experienced growth in net taxable value equal to 12.2%, or
$238,807,917.00 allowing for the assessment rate to be reduced by $0.01. Thus, the recommended Fiscal
Year 2019 (tax year 2018) assessment rate is $0.115 per each $100.00 of property value. Even with the
lower assessment rate, revenue growth year over year is $89,237.00 or 3.6%.
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 Downtown PID
(M&C BH 382). 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 Downtown PID
on July 20, 2018, in accordance with state law. Included within those notices was a draft of the Fiscal
Year 2019 budget equaling $3,112,989.00. This amount was estimated based upon non-certified values
received from the Tarrant Appraisal District. On July 23, 2018, the City received certified values for
T nnnnmi - 1 2FMC Pjr)01 FYI Page 2 of 3