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
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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,
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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.
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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.
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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.
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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.
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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
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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
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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
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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,
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Management and Improvement Services Agreement
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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>
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t�o
ATTEST-. A T:#
Oct
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date
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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)