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HomeMy WebLinkAboutContract 45306 aa; CffY SECRETARY CONTRACT NO, MANAGEMENT AND IMPROVEMENT SERVICES AGREEMENT Fort Worth Public Improvement District No. 12 (C ha_pel HiU) This MANAGEMENT AND IMPROVEMENT SERVICES AGREEMENT ("'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 Fernando Costa., its duly authorized Assistant City Manager, and RTI COMMUNITY MANAGEMENT ASSOCIATES INC, a Texas corporation doing business as C A ("Contractor") acting by and through Judi Phares, its duly authorized President. RECITALS The following statements are true and correct and constitute to t e basis upon which,the City and Contractor have entered gat+ t-i.s Agreement'. WHEREAS, pursuant to Chapter 372 of the Texas Focal Government Code on March . 23, 2004, the City Council of the City of Fort Worth adopted Resolution No. 31060 creating Fort Worth Public Improvement District No. 2 (the "D'str ct"); and WHEREAS, the City is authorized to utilize the District to undertake improvements and/or services that confer special benefits on the part of .o City within,the district, and WHEREAS,, the City Council is authorized to levy and collect special assessments on property ort in the District, based on the special services conferred by the improvements and/car services,, to pray the cost o �s uc:h i��.�ro ve gents and se ices- and WHEREAS, the City desires to enter into a written agree ment with Contractor for provision of certain improvements and services in the District, as more specifically set fort h in this. Agreement; and 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 which will enhance the vitality and quality of the District, and WHEREAS, Contractor wishes to assist the City by providing, ffirnisNng, or performing such improvements and services, NOW, THEREFORE, for and i n consideration of the mutual covenants,anti, pr s s, and agreements contained herein, the City and Contractor do hereby covenant and agree as follows: OFFICIAL RECORD, Page 1 CIT'Y SECRETARY Management and trnprovernent Ser-vices lent with CMA b PIS 1 (Chapel Hill) No TX RECEIVED JAN 2 8 2014 AGREEMENT ENGAGEMENT OF CONTRACTOR., The City hereby engages the Contractor, and the Contractor her agrees to provide, famish, oversee or perforrn in accordance with this Agreement the improvernents and/or services set forth in Section 2. 2. IMPROVEMENTS AN: SERVICES FOR THE DISTRICT. 2-1. Scope of Contractor's Duties. Contractor shall provide or cause to be provided, those improvements and services (the "Improvements and Servi,ces") set forth in and subject to the Service Plan and Budget for the District approved by the City Council for the fiscal year covered by this Agreement (the "Service Plan and Budget") (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 ordii-iance is a public document on file 'in the City Secretary's Office and is, hereby incorporated for all purposes),-. (a) Oversee the bidding and awarding of any third party contracts for the above referenced Improvements and Services in accordance with the guidelines set forth M, the Policy and Guidelines for Public Improvement Districts adopted, by the City Council pursuant to Resolution No. 371 1-02- 2009 (the "PID Policy"), a copy of which Contractor hereby certifies it has received and which is incorporated herein 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 perfon-ned 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 der ice Plan and Budget for the first five (5) years foRowing the fiscal year covered by this Agreement, to be adopted by Page 2 Management and hnp rev emen t Services A-ureernent t1l Frith CMS,for P 12(Chapel Hi I I) the advisory body for the District or other entity designated by the City and approved by the City Councif- (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 Policy; (f) Comply with all other duties and responsibilities set forth, 'in the guidelines of the PI D Policy; and (9) Comply with all duties and responsibilities set forth in Exhibit "B". attached hereto and hereby made a part Dial s Agreement fo�r all purposes. ,to 2.2. Contractor�Compensation, As full, compensation for the provision of all, Improvements and Services during the Ten-n of this Agreement, the City shall pay Contractor the sum of $8,0010,.00, wfi&h amount is reflected in the Service Plarland Budget as "Management Fee," which amount shall be paid in prorated installments, in.accordance with Section 6 hereof 2.3. Standard of Care; Nature of Relationsh . Contractor shall c rni-nencel, carry on, and provide the Irnprovements and Services accordance, with all practicable dispatch, in a �sound, economical, and efficien M anner. in t with this Agreement and its attachments and all applicable laws. Contractor shall 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. Ur less otherwise specifically provided herei, all of the Improvements and Services will be performed by the Contractor or under the Contractor's supervision. All person el engaged by the Contractor shall be fully qualified to perfon-n those Improvements and Services delegated to them., 2.4. Securi!j Personnel. In the event Contractor employs security personnel as a, part of providing Improvements, and Services under the Agreement, Contractor hereby assumes sole responsibility for any and all acts or omissions of security persoimel U 1 the perfori-nonce of their responsibilities hereunder. Security personnel shall include, but not be ll'.IYU*ted 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 ft-ic,lude rurming radar on drivers, writfing parking citations, investigating crimes, or other job functions normally perfori-ned 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, Page 31 Management and Improvement Services Agreement with CM A for PfD 12(Chapel Hill) tlP If Contractor employs off-duty Fort Worth police officers to provide Security Services, the parties, understand, aclulowledge, and agree that, w1ffle perfonnig Security S ervices 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 r es dents 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-t lu-cat en u*ig 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 inu-nediate police action within the District, he or she can take police action whi-le 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. 3. CITY'S DUTIES AND, RESPONSIBILITIES. The City shall provide the following services in connection with 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) Mainta*m' g the same level of services in the District as that which the City provides n'i comparable areas of the City; (d) Maintaining complete and detailed records coriceming any expenditure of special assessment revenues and other District revenues, wl-lich are made through City departments,, boards, or agencies, (e) Retaining and expending, revenues frorn special assessn-ients, 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 attorney; (g) Makfi-ig regular reports to Contractor concerning delinquent assessments and making billings thereon as necessary- and (h) Producing an annual assessment roll of property owners and property within the District. Page 4 ManagerneDt and hnprovement Services Agreement with CMA for I)FD 1 2(Chapel Hill) The City shall have no financial obligation to the District other than levying and coflectig the assessments levied by the District, except as provided in Section 3(c) above, and pursuant to and h-1 accordance with this Agreement, paying for Improvements and Services that Contractor performs in the District. 4- AMENDMENTS. This Agreement may not be amended uffless executed in writm* .g by both parties. 5. TERM. This Agreement shall commence October 1, 2013 the "Effective Dates unless ten-ninated earlier in accordance with this Agreement, expire Septernber 30, 2014 (the "Term"). 60 RELEASE 01F FUNDS TO CONTRACTOR. 6.1. Procedure. Periodically, 'but not more frequently than once per month, Contractor shall present to the individual or individuals designated by the City to oversee and adrnu*u*ster the District (the IIAdm,I*nI*stra tor') a report of the Improvements and Services provided by Contractor since (i) for the first report under this Agreement, the Effective Date and (ii) for all subsequent reports, the date of the previous report. All such reports must, include documentation sufficient demonstrating to the Adinn-dstrator that any sums paid or incurred by Contractor have been paid or are due. Provided that all such, necessary reports and supporting documentation have been provided to the Admirdstrator, the City shall pay the Contractor, for all lawful expenses made or incurred by Contractor within fifteen (1 5) business days of receipt of all such reports, and supporting do cur nestation, Notwithstanding anything to the contrary here, the City shall 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 Service Plan and Budget for the then-current fiscal year. 6.2. Work R2ports- Contractor shall also submit a periodic work report, no less than quarterly, to the Adil M' 'strator. This work, report shall detail all of the Contractor's significant work activities, in the District. The f6mgat of the report shall be mutually agreed upon by the Contractor, and the Administrator. Notwithstanding anytl �.ng to the contrary herein, payments to Contractor may be withheld if any such report is not received. The Administrator shall have the right to verify that the report is complete and accurate. 6.3. Insuffi6ent DI-stir iet Funds. Page 5 Management and Improvement Services Agreement with CMA for PID 12(Chapel Hill') In the event that District revenues are not available or are Insufficient, for the City to make any paynient to Contractor hereunder, the City will promptly notify Con a,ctor. At Contractor's request", the City and, the Contractor shall meet and attempt to negotiate an amendinent to this Agreement so that 'the scope ofIrnproverneats and Services may be reduced to correspoind to the arnount of District ftinds, that are available or, are anticipated to become ava,ilable., If such an amendment car Mot be success fiilly negotiated, Contractor shall have the right to pay the deficit (on, a non-reirribulame basis),, in which case this Agreement shall, continue in efFect. If such an amendment cannot be successfiully negotiated and Contractor does not elect to fund the deficit, either party may tear niate this Agreement upon thirty(30) days' advance written notice to the other party. 70 DISCIRIMMATION PROHIBITEDI, Contractor, in the execution, perfori,iiance, or attempted perfortnance of this Agreement,,, will not discriminate agaulst any, person or persons because of sex, race, religion, color, national origin, sexual orientation or �4milial status, nor will the Contractor permit its officers, agents,, ern� loyeas or subcontractors, to engage in such discrfi,�ii,inatjion. This Agreement 'is made and p entered "into, wit h reference specifically to the ordinances codIfi,eld at Chapter 17, Article 111, Division 3 (Employment Practices,) of the Code of'the City of Fort, Worth, and Contractor hereby, covenants and a agents, employees and subcontractors, grees that Contractor,1 its officers', , have fu�lly complied with all provisions of same and that no, employee, or applicant f en-iplor-neat has been discrim.-iated against under the terms of such ordinances by either Contractor, its offlicers, agents, employees or, subcontractors. 8. BUSINESS DIVERS]TY ENTERPRISE ORDINANCE I eff�ctive June 1 2012, In accordance with City of Foil Worth Ordinance No. 20020-12-20111 the City has established goals, for the participation of Minority Business Enterprises ("MBEs") and Small Business Enterprises (" SBEs"':) in City contracts. Contractor shall 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 shall constitute, a breach of this, Agreement and be grounds t6r, ternu"nation of this Agreement by the City. 91 CONTRACTOR LIABILITY. Contractor hereby assumes full liability for any dal-nages to any public or private property due to the negligence o Contractor, its subcontractors, agents, pern-litees or ass,igns. LIABILITY' OF CITY.; PERSONAL LIABILITY OF PUBLIC OFFICIALS. Page 6 Management and Improvement Services Agreement with CMA for PfD 12(Chapel Flill), No employee of the City, nor any other agent of the City, shall 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 exp,ress,ly agreed that the City shall not be liable or responsible for any damages caused by Contractor, its officersl agents, servants,, employees, contractors and subcontractors or any other liabilities of Contractor under this Agreement or otherwise related to this Agreement, nor shall the City be liable or responsible to Contractor or any other person fbr or on account of any stoppage or delay in the work herein provided for by �-iju yet ion or other legal or equitable proceedings, or from or by or on account of any delay for any cause ever wl-&h the City has, no control. 11'. INDEMN111CATION, CONTRACTOR COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY AND HOLD HARMLESS AND DEFEN THE CITY -1 D .9 TS OFFICERS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL SITITS OR CLAIMS FOR DAMAGES OR INJURIES, INCLUDING DEATH, TO ANY AND ALL PERSONS OR' PROPERTY, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH ANY NEGLIGENT ACT OR NEGLIGENT OMISSION ON THE PART OF THE CONTJ?ACTOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES OR SUBCONTRACTORS, AND THE CONTRACTOR DOES HEREBY ASSUME ALL L,IABILITY AND RESPONSIBILITY FOR INJURIES,, CLAIMS OR SUITS FOR THE DAMAGES TO PERSONS ORPRO "ER TY, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL ORASSERTED. OCCURRING DURING OR ARISING OUT OF THE PERFORMANCE OF THIS CONTRACT AS A RESULT O 'ANY NEGLIGENT ACT OR NEGLIGENT OMISSION ON THE PART OF THE CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES OR SUBCONTRACTORS. SUCH INDEMNIFICA TION SHALL INCL UDE WORKERS' COMPENSA TION CLAIMS OF OR B Y A NYONE WHOMSOE VER IN A NY WA Y RES UL TING FR OM OR A RISING 0 UT OF CONTRACTORFS WORK, SERVICES AND OPERATIONS IN CONNECTION HERE WITHINCL VDINGOPERA TIONS OF SUBCONTRA CTORS. CONTRACTOR' SHALL LIKEWISE INDEMNIFY AND HOLD HARMLESS THE CITY FOR ANY AND! ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR INCONNECT"ION W[TH ANY AND ALL NEGLIGENT ACTS OR NEGLIGENT OMISSIONS OF CONTRACTOR, ITS' OFFICERS,, AGENTS, EMPLOYEES, CONTRA CTORS, SUB CONTRACTORS, LICENSEES OR IN VITEES. Insurance coverage specified herein constitutes the minimum requirements and such requirements shall in no way lessen or Ifinit the liability of Contractor under the terms of this Agreement. Page 7 Management and hnprovement Services Agreement with CM A for PID 1 2(,Chapel Hill) 12. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Contractor shall perform all work and services described herein as an independent contractor and not as an officer, agent, servant or employee of the City; that Contractor shall have exclusive control, of the details of the services and work performed hereunder, and afl persons performn'ig the same; and shall be solely responsible for the negligent acts and negligent onn'ssions of its officers,, agents, employees, contractors and subcontractors; that the doctrine of resl)ondeat superior shall not apply as between City and Contractor, its officers, agents, employees, contractors and subcontractors* and that nothing herem" shall be construed as creating a partnersl�p or joint enterprise between City and Contractor. No person performing any of the work and services described hereunder shall be considered an officer, agent, servant or eniployee of the City. 13. INSURANCE. Contractor shall not commence work under this Agreement until it has obtained and received approval from the City of all hisurance coverage required hereunder. Contractor shaU be responsible for delivering to the Adn-tinistrafor a certificate or certificates of insurance demonstrating Contractor has obtained the coverage required under this Agreement. All insurance policies provided pursuant to this Agreement shall be endorsed to name the City as an additional insured, and shall colver not only Contractor, but also Contractor"s contractors and subcontractors. The mJm*rnurn insurance required of Contractor is as follows: WORKER'S COMPENSATION INSURANCE: Contractor shall maintain throughout the Term of this Agreement statutory Worker's Compensation Insurance on all of its employees to be engaged in undertaking any Improvements or 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 shall provide adequate employer's general liability insurance for the protection of such employees not so protected. COMPREHENSIVE GENERAL LIABILITY INSURANCE: Contractor shall maintain throughout the Terrn of this Agreement a commercial general liability *insurance policy in an amount of not less than $1 0 ,0100 covering each occurrence with an aggregate lU'TD*t of not less than $2,000,000. AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE: Contractor shall maintain throughout the "ren-n of this Agreement comprehensive automobile liability coverage in, an amount not less than $,1 000,,000 for each acc,ident. TMs policy shall cover any automobile used *in the provision of Improvements and Services under this Agreement. Page 8, Management and trnprovement Services Agreement with CMA for P 12(Chapel Hill) .................... ............... ......... .................- . ..............-—--- ...__...........____.............................-" The insurance company with whom, Contractor's insurance is written shall be represented by an agent or agents having an office located within the Da as- 'Worth me trop .n area. Each such agent shall 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 fi-isurance company. The name of the agent or agents shall be set forth on all certificates of surance. All policies must provide 'that they may not be changed or canceled by the insurer 'in less than five (5) days after the City had received written notice of such change or cancellation. Such surance amounts may be revised upward at City's request, and Contractor shall revise such amounts within thirty (30) days after receipt of such request. TAXES. Contractor shall pay all federal, state and local taxes that may be chargeable on any Improvements and Services provided hereunder or otherwise in relation to Contractor's duties and obligations hereunder., 15, PERMITS. Contractor shall and shall 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 pen-nits. 1,6. CHARACTER OF WORK AND OPERATIONS, Contractor and Contractor's employees, contractors and subcontractors shall be competent and careful worlo-nen skilled in their respective trades. Contractor shall not employ any person who repeatedly engages in misconduct or is incompetent or negligent in the due and proper performance of Iiis duties or has been convicted of any criine of moral turpitude. The City shall retain 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 work is being performed for the public benefit and it is necessary that it be performed �-i an acceptable mat- tier and at a satisfactory rate of progress. Contractor shall at all times maintain its equipment in a clean, serviceable condition. All equipment shall be properly licensed and *inspected and clearly marked with the Contractor"s name! and telephone nurnber., 17. ASSIGNMENT AND SUBCONTRACTING. Contractor shall have the right to subcontract for the provision of any Improvements and Services authorized hereunder, so long as the subcontract is in writing. Contractor shall provide Page 9 Management and Improvement Services Agreement with C A for PLD 12 (Chapel Hi H) the Adii-tinistrator with a dial executed copy of all subcontracts. The existence of a, subcontract shall not relieve, Contractor of any responsibifity 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 tl-ds Agreement., 18, DEFAULT, All term,s, conditions and provisions of tl-s Agreement shall be considered material, and Contractor's failure to perform any part of this Agreement shall constitute an event of default hereunder. Should the Contractor fail to fully cure any default hereunder within fourteen (14) calendar days after receipt ft-om the City of written notice of' the default (or, provided that Contractor has diligently commenced and continuously attempted cure witliin. such time, such additional time as may be reasonably necessary to ftilly cure the det�ult),, the City may, at its option and 'in addition to any other remedies available to it under law or in equity, ten T'mate this Agreement by providing written notice to Contractor,. 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 coati sue to completion 0, unless specified otherwise in the City's termination notice. The City shall pay for any such work in Progress that is completed by Contractor and accepted by the City. 19. COOPERATION WITH CITY. Contractor shall, at such tip-ne and in, such form as City may require, furnish periodic information concer� g the status of the project and such other statements,, certificates and approvals relative to the project as niay be requested by the City. Contractor shall, 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. Contractor shall maintain complete and accurate records with respect to all expenditures and costs, 'incurred for all Improvements and Services provided hereunder. All such records shall be maintained on a generally accepted accounting, basis and shall be clearly identified and readily accessible to the City. Contractor, shall provide representatives of City or its appointees free access to such books and records, at all proper times, in order that tl,-iey may examine and audit the same and make copies thereof. Contractor shall 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 shall continue for a period of three (3) years fi-om the date of final payment under this Agreement. The City shall also have the right to conduct a perfon,nai,,ice audit and evaluation, of Contractor at such times as the City deems, necessary. Contractor shall fully cooperate with any such perfon-nance audit. The City may employ Page 10 Management and h-nprovement Services,Agreement with CMA for PID, 12(Chapel Hill) consultants at the City's expense to assist City fil such performance audit. Contractor agrees to give the City and its consultants access to all reports, data, schedules and other relevant info which may be required to conduct such performance audit. 21. NOTICES., Any notices, bills, invoices or reports, required by this Agreement shall be conclusively deteriniled to have been delivered three (3) business days after deposit in the Urlited 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 C Attn.- PID Adi-ninistrato r Attn.- Judi Phares,,i President Housing & Economic Dev. Dept. 1800 Preston Park Blvd., Suite 1,01, Plano, TX 75093 1000 Throckmorton Street Fort Worth,, Texas, 716102-6311 22. COMPLIANCE WITH LAWS, O INANC LES ISLES AND REGULATIONS. .2 R This Agreement will be subject to all applicable federal, state and local laws, ordinances, rules and regulations, including, but not linlited to all provisions of the City's Charter and ordinances, as amended. 23, GOVERNMENTAL POWERS. It is understood that by execution oftfi s Agreement, the City does not waive or surrender any of it governniental powers or immunities., 24, NO WAIVER, The failure of either party to insist upon the performance of any term or provision of t Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party's right,to insist upon appropriate performance or to assert, any such right our any f- .tore occasion. 25. VENUE AND JURISDICTION, 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 shall lie i n state courts located in Tarrant Page I I Management and Improvement Services Agreement with,CMA for PID 1 2(Chapel Hi I I) County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. Th-i's, Agreement shall be construed in accordance with the laws of the State of' Texas. 26, NO THIRD PARTY RIGHTS. The provis,ions 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. 270 INTERPRETATION, In the event of any dispute over the meaning or application of any provision of fl-lis Agreement,,, this Agreement shall be interpreted fairly and reasonably, and neither more strongly for or against any party, regardless of the actual drafter of this, Agreement. 28, CAPTIONS. Captions and headings used *in this Agreement are for reference purposes only and shall, not be deemed a part of this Agreement. 29. ENTIRETYOF AGREEMENT. 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 tl-iis Agreement. 30, COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument, Page 12 Management and Improvement Services Agreement with 'MA for 'ID 12(Chapel Hill) EYXCUTED to be effective as, oIf'OIctobIer 1. 201 10, CITY OF FORT WORTH., RTI COMMUNITY MANAGEMENT ASSOCIATES, INC., a,Texas corporation 0 d/b/a CMA. By-- Bly: Femando C.osta Bill,"PartridgY Assistant City Manager 0i Chief Financial Officer L00 A> WWI t�o ATTEST-. A T:# Oct Y date U Mary J. N�ime: 6 AY1 00 kt* City Secretary GAY L MOORE Nob"Public ,APPROVED AS TO, FORM AND LEGALITY, iw STATE Of TEW QMM.Exp.Dea 21 111, 14 2D "RI ROW 320 B MaIeshia A7. Fanner Senior Assistant City Attorney B,H-305 9-10-13 OFFICIAL'RECORD Pa ARY �ge 131 CITY SECRET Management and fni prove ment Services Agreement FTm WORTH,IrX with CMA for KD 12,(Chapel Hill) Rum] II EXHIBITS "All —Service Plan and Budget for the District "B" —Additional Services to be Provided by Contractor Management and Improvement Services Agreement with CMS.for PIID, 12(Chapell Hill) Exhibit "A" City of Fort Worth PROPOSED FIVE. R SERVI,CE PLAN Public fmprovement District#12-Chapel Hill FY1 3114 FY 1415 F'Y 15/16 FY1 6)17 F Y 17 118: REVENUE Pf,U)Assessments F-�'2 t,2,83 58.0:00 S 63-14"00 5,000 S 82,000 Pnor Years Assessments 113 0 0 rD 75 2 8 3 5 8,.,qe- 1 S 13,283 Total Revenues 516,283 $ 63,283 S 72-,28,3 $6,283 9-5,283 EXPENSES ?',e,lanage,rn-ent Fee S 8,0013 8,000 S 8'00 $ IT,0,0 010 S 10.000 Water S 6,500 7,000 5 7,100 S 7,800 S 8,5'00 1, 1 'DO S 4,000 4.,� 4,500 5"000 $ 6,00.0 andsc-ape&Lakes flaintenance 2 3�5,0 0 2 S 28,00M S a A- 6,200 0,000 S 32,0-00 Fen-,,ce fvl,a4iten ance 4 Or,31 400 S 1,000 2. 00 S 2000 Security"Code Blue Progi,ams $ 2,500 2,500 S 2,5 00 11.000 S 3,0 0 0 (-;cmmun�cz 200 610G- S 600 1 0:110-0 itions,/Newsletters S, 1200 !vlarketing 5 1 30.0 S 3,00 n- Social ProgramshHolfday Lighttng, S 500, S F-1,0,0 S I.P500 S 3,0100 Ca,piRkal Improvernent's S 3,,,,,,,iQ-0 S 4,000 .0 Repltaceme,nts, S $ 3,0 1 $ 3,00 S 4.GOO lnsLira-ri-ce S 2,601 G $ 2 600 x,70° $ 2,800 S 3,000 Annual Revjew(Audit) S 80C $ 900 900 1,000 S 1 1,000 ,N Administration,Fee S 2,000 $ 2,0,00 7-',0100 S. 2,ODO Budget Expenses $ 51.000 $ 55,000 S 6.1,0010 73,000 801000 Estimated 0perating Reserve- `-5.2 8 3 $ 8.283 '11,283 $ '13,283 15,283 Total Expense S 56,283 $ 63.283 S 72.283 $ 86.,283 95,1283 Management and tmprovement Services Agreement with A'M'A for PID 1 2(Chapel Hil I) Exhibit "B" Additional Services to be Provided by Contractor (a) Contractor shall assign one of it,s employees to manage the PID and, unless otherwise agreed by the City fl''I writing, Contractor agrees that the management of the PID shall be the sole activity for the assigned employee and such employee shall not manage any o other properties I' r Contractor; (b), Participate in meetings of City of Fort or departments of Housing and teonotruc Development, Parks, Transportation and Public Works, Internal Audit, and Budget to coordinate PI D activities; (c) Participate in all meetings, of the PID advisory body or other entity selected by the City for assistance in the preparation of the Service Plan and Budget foir the District and update i-nembers of'any such, entity as to authorized PID projects and other pertinent matters. At the request of the Board president, arrange for guest presenters to attend meeti1gs; (d) Prior to subn'u'ssion of the proposed Service Plan and Budget, establish means of con-irriunication for citizen input to report problems and make suggestions to Contractor regarding the proposed Service Plan and Budget-. Coordinate responses to citizen input with the PID advisory body, the Administrator or other entity selected by the City; (e) Ma twin a full and accurate accounting of disbursements for reimbursement from PID revenues,, providing the PID advisory body or other, entity selected by the City with a monthly accounting statement; Monitor recurring expenses and perform comparative analysis to identify emerging trends, and real or potential problems. Notify the PID advisory body or other entity selected by the City of'teen and unusual or excessive expenses,# (g) Maintain complete set of historical records of all PID activity to include PID charter, minutes of meetings, and agreement s/co ntract s, with other entities, grant applications, etc. from the beginning of PID to present; and (h) Work with all PID comn-n'ttees, to coordinate and handle all details associated with public events that are sponsored by PID. The Contractor shall commence, carry on, and provide such u"i-iprovements and/or services, with all practicable dispatch, fii a sound, econornical, and efficient manner, in accordance with t his contract and its attachments and all applicable laws. Management and Improvement Services Ageement with CM A for PID 1 2(Chape] 'H�ill)