HomeMy WebLinkAboutContract 48400 Uff SEGRETAfffCUNTRACT NO.
MANAGEMENT AND IMPROVEMENT SERVICES AGREEMENT
Fort Worth Improvement District No. 7 (Heritage)
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 its duly authorized Assistant City Manager, and a Texas corporation doing
business as FIRSTSERVICE RESIDENTIAL TEXAS, INC., ("Contractor") and acting by
and through Cindy C. Huey, 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
September 26, 2000, the City Council of the City of Fort Worth adopted Resolution No. 2675
creating Fort Worth Public Improvement District No. 7 (the "District"); and
WHEREAS, the City is authorized to utilize the District to undertake improvements
and/or services that confer special benefits on the part of the City within the District; and
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/or
services,to pay the cost of such improvements and services; and
WHEREAS, the City desires to enter into a written agreement with Contractor for
provision of certain improvements and services in the District, as more specifically set forth 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, furnishing, or performing
such improvements and services;
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:
OFFICIAL RECORD
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Management and Improvement Services Agreement ' WORTH,T
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PID 7(Heritage) ___
AGREEMENT
1. ENGAGEMENT OF CONTRACTOR.
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/or services
set forth in Section 2.
2. IMPROVEMENTS AND SERVICES FOR THE DISTRICT.
2.1. Scone of Contractor's Duties.
Contractor shall provide or cause to be provided those improvements and services
(the "Improvements and Services") set forth in and subject to the Budget and Service
Plan for the District approved by the City Council for the fiscal year covered by this
Agreement (the "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 shall 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 the
guidelines set forth in the Policy and Guidelines for Public Improvement
Districts adopted by the City Council pursuant to Resolution No. 3711-02-
2009 (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 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;
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(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 PID Policy;
(g) 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; and
(h) Comply with all duties and responsibilities set forth in Exhibit `B",
attached hereto and hereby made a part of this Agreement for all purposes.
2.2. Contractor Compensation.
As full compensation for the provision of all Improvements and Services during
the Term of this Agreement,the City shall pay Contractor the sum of$100,872.00, which
amount is reflected in the Budget and Service Plan as "Management Fee," which amount
shall be paid in prorated installments in accordance with Section 6 hereof.
2.3. Standard of Care; Nature of Relationship.
Contractor shall commence, carry on, and provide the Improvements and Services
with all practicable dispatch, in a sound, economical, and efficient manner, in accordance
with this contract 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. 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 shall be fully qualified to perform those Improvements and Services delegated
to them.
2.4. Security 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 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 running radar on drivers, writing parking citations,
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investigating crimes, or other job functions normally performed by on-duty police
officers. Contractor shall bear sole responsibility, if any, for reporting its payment for
each security personnel's services as taxable income to the Internal Revenue Service.
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.
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) Maintaining the same level of services in the District as that which the City
provides in comparable areas of the City;
(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 assessments, 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) Making 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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The City shall have no financial obligation to the District other than levying and
collecting the assessments levied by the District, except as provided in subsection(c) above, and,
pursuant to and in accordance with this Agreement, paying for Improvements and Services that
Contractor performs in the District.
4. AMENDMENTS.
This Agreement may not be amended unless executed in writing by both parties.
5. TERM.
This Agreement shall be effective as of October 1, 2016 (the "Effective Date") and,
unless terminated earlier in accordance with this Agreement, expire September 30, 2017 (the
"Term").
6. RELEASE OF 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 administer
the District (the "Administrator") 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 Administrator 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 Administrator, the City
shall pay the Contractor for all lawful expenses made or incurred by Contractor within
fifteen (15) business days of receipt of all such reports and supporting documentation.
Notwithstanding anything to the contrary herein, 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 Budget and Service Plan for the then-current fiscal year.
The Contractor shall be required to pay or to 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. The City may
withhold management fee payments due to the Contractor until such unauthorized
expenses are reimbursed.
6.2. Work Reports.
Contractor shall also submit a periodic work report, no less than quarterly, to the
Administrator. This work report shall detail all of the Contractor's significant work
activities in the District. The format of the report shall be mutually agreed upon by the
Contractor and the Administrator. Notwithstanding anything to the contrary herein,
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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. 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 shall 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 shall have the right to pay the deficit (on a non-reimbursable basis), in which
case this Agreement shall 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.
7. DISCRIMINATION PROHIBITED.
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
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 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 for termination of this Agreement by the City.
9. CONTRACTOR LIABILITY.
Contractor hereby assumes full liability for any damages to any public or private property
which is due to the negligence of Contractor, its subcontractors, agents,permitees or assigns.
10. LIABILITY OF CITY; PERSONAL LIABILITY OF PUBLIC OFFICIALS.
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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 expressly agreed that the City shall 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 shall 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.
CONTRACTOR COVENANTS AND AGREES TO, AND DOES HEREBY,
INDEMNIFY AND HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS AND
EMPLOYEES, FROM AND AGAINST ANY AND ALL SUITS 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 CONTRACTOR,ITS OFFICERS,AGENTS,SERVANTS,EMPLOYEES OR
SUBCONTRACTORS, AND THE CONTRACTOR DOES HEREBY ASSUME ALL
LIABILITY AND RESPONSIBILITY FOR INJURIES, CLAIMS OR SUITS FOR THE
DAMAGES TO PERSONS OR PROPERTY, OF WHATSOEVER KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, OCCURRING DURING OR ARISING OUT OF THE
PERFORMANCE OF THIS CONTRACT ASA RESULT OF ANY NEGLIGENT ACT OR
NEGLIGENT OMISSION ON THE PART OF THE CONTRACTOR, ITS OFFICERS,
AGENTS, SERVANTS, EMPLOYEES OR SUBCONTRACTORS. SUCH
INDEMNIFICATION SHALL INCLUDE WORKERS' COMPENSATION CLAIMS OF OR
BY ANYONE WHOMSOEVER IN ANY WAY RESULTING FROM OR ARISING OUT OF
CONTRACTOR'S WORK, SERVICES AND OPERATIONS IN CONNECTION
HEREWITH,INCLUDING OPERATIONS OF SUBCONTRACTORS.
CONTRACTOR SHALL LIKEWISE INDEMNIFY AND HOLD HARMLESS THE
CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT
OF OR IN CONNECTION WITH ANY AND ALL NEGLIGENT ACTS OR NEGLIGENT
OMISSIONS OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES,
CONTRACTOR,SUBCONTRACTORS,LICENSEES OR INVITEES.
Insurance coverage specified herein constitutes the minimum requirements and said
requirements shall in no way lessen or limit the liability of Contractor under the terms of this
contract. Contractor shall procure and maintain, at its own cost and expense, any additional
kinds and amounts of insurance that, in its own judgment, may be necessary for proper
protection in the prosecution of its work.
12. INDEPENDENT CONTRACTOR.
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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 all persons performing the same; and shall be solely responsible for
the negligent acts and negligent omissions of its officers, agents, employees, contractors and
subcontractors; that the doctrine of respondeat superior shall not apply as between City and
Contractor, its officers, agents, employees, contractors and subcontractors; and that nothing
herein shall be construed as creating a partnership 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 employee 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 insurance coverage required hereunder. Contractor shall
be responsible for delivering to the Administrator a certificate or certificates of insurance
demonstrating that Contractor has obtained the coverage required under this Agreement, that all
insurance policies provided pursuant to this Agreement are endorsed to name the City as an
additional insured, and that all such insurance policies cover not only Contractor, but also
Contractor's contractors and subcontractors. The minimum 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 Term of this Agreement 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.
AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE:
Contractor shall maintain throughout the Term of this Agreement comprehensive
automobile liability coverage in an amount not less than $1,000,000 for each accident.
This policy shall cover any automobile used in the provision of Improvements and
Services under this Agreement.
The insurance company with whom Contractor's insurance is written shall be represented
by an agent or agents having an office located within the Dallas-Fort Worth metropolitan area.
Each such agent shall be duly qualified, upon whom service or 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
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owner who has been damaged may have against the Contractor or insurance company. The
name of the agent or agents shall be set forth on all certificates of insurance. 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 insurance amounts
may be revised upward at City's request, and Contractor shall revise such amounts within thirty
(30) days after receipt of such request.
14. 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 permits.
16. CHARACTER OF WORK AND OPERATIONS.
Contractor and Contractor's employees, contractors and subcontractors shall be
competent and careful workmen 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 his duties or has been convicted of any crime 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 in an acceptable manner
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 number.
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
the Administrator with a final executed copy of all subcontracts. The existence of a subcontract
shall 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. DEFAULT.
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All terms, conditions and provisions of this 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 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 Contract. 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 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 time and in such form as City may require, furnish periodic
information concerning the status of the project and such other statements, certificates and
approvals relative to the project as may 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 they 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
contract. Such right of access and audit shall continue for a period of three (3) years from the
date of final payment under this Agreement. The City shall also have the right to conduct a
performance audit and evaluation of Contractor at such times as the City deems necessary.
Contractor shall 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 which may be required to conduct such performance audit.
21. NOTICES.
Any notices, bills, invoices or reports required by this Agreement shall be conclusively
determined to have been delivered three (3) business days after it is deposited 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:
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City: Contractor:
City of Fort Worth FirstService Residential, Texas Inc.
Attn: PID Administrator Attn: Cindy Huey, President
Performance and Budget Department 3102 Oak Lawn Avenue, Suite 202
1000 Throckmorton Street Dallas, TX, 75219-4241
Fort Worth, Texas 76102-6311
22. COMPLIANCE WITH LAWS, ORDINANCES,RULES AND REGULATIONS.
This Agreement will be 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.
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.
The failure of either parry to insist upon the performance of any term or provision of this
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 on any future 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 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 shall be construed in accordance with the laws of the State of Texas.
26. NO THIRD PARTY RIGHTS.
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.
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In the event of any dispute over the meaning or application of any provision of this
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. ENTIRETY OF 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 this
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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EXECUTED as of the last date indicated below:
CITY OF FORT WORTH: FIRSTSERVICE RESIDENTIAL TEXAS,
INC..
By: B
Susan Alanis Cindy Huey
Assistant City Manager President
Date: 111` ( te:
FG
0.oa�oaao0o6 �a
ATTEST: �®o 1 S AT�'A ;
t
CIO 000 t
By: B
Mary J. ta#er V ame:
City Secretary Title:
APPROVAL RECOMMENDED:
By:
Lyndg Johnson
Performance and Budget Director
APPROVED AS TO FORM AND LEGALITY:
By:
,, _ Maleshia B. Farmer
I/ Senior Assistant Ci Attorney
M&C: BH- 35'6 9-13-16
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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EXHIBITS
"A"—Budget and Service Plan for the District
"B"—Additional Services to be Provided by Contractor
Management and Improvement Services Agreement
with FirstService Residential Texas for PID 7(Heritage)
Exhibit"A"
City of Fort Worth
Budget and Service Plan
Public Improvement District No.7-Heritage
FY16/17 FY17118 FY18/19 FY19/20 FY20121
REVENUES
PID Assessments $1,792,640 $1,792,640 $1,792,640 $1,792,640 $1,792,640
COFW Payment in lieu of Services 189,726 189,726 189,726 189,726 189,726
Budget Revenues $1,982,366 $1,982,366 $1,982,366 $1,982,366 $1,982,366
Use of Fund Balance 100,000 - - - -
Total Revenues $2,082,366 $1,982,366 $1,982,366 $1,982,366 $1,982,366
EXPENSES
Management Fee 100,872 104,847 108,981 113,280 117,751
Utilities 245,000 245,000 245,000 245,000 245,000
Landscape/Tree Maintenance 963,000 963,000 963,000 963,000 963,000
Common Area Maintenance 240,000 240,000 240,000 240,000 240,000
Holiday Lighting 30,000 30,000 30,000 30,000 30,000
Security Enhancements 125,000 125,000 125,000 125,000 125,000
Public Events 80,000 90,000 90,000 90,000 90,000
Capital Improvements 246,781 132,252 127,541 122,643 117,548
Insurance 13,860 14,414 14,991 15,591 16,214
Annual Review 2,000 2,000 2,000 2,000 2,000
City Administration Fee 35,853 35,853 35,853 35,853 35,853
Total Expenses $2,082,366 $1,982,366 $1,982,366 $1,982,366 $1,982,366
Management and Improvement Services Agreement
with FirstService Residential Texas for PID 7(Heritage)
Exhibit"B"
Additional Services to be Provided by Contractor
(a) Contractor shall assign one of its employees to manage the PID and, unless otherwise
agreed by the City in 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 other properties for Contractor;
(b) Participate in meetings of City of Fort Worth departments of Performance and
Budget, Financial Management Services, Park and Recreation, Transportation and
Public Works, and Internal Audit to coordinate PID 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 Budget and Service Plan for the District,
and update members of any such entity as to authorized PID projects and other
pertinent matters. At the request of the PID advisory body or other entity selected by
the City, arrange for guest presenters to attend meetings;
(d) Establish means of communication for citizen input to report problems and make
suggestions to the PID. Coordinate responses to citizen input with the PID advisory
body or other entity selected by the City;
(e) Maintain 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; .
(f) 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 trends and unusual or excessive expenses;
(g) Maintain complete set of historical records of all PID activity to include PID charter,
minutes of meetings, and agreements/contracts with other entities, grant applications,
etc. from the beginning of PID to present; and
(h) Work with all PID committees to coordinate and handle all details associated with
public events that are sponsored by PID.
The Contractor shall commence, carry on, and provide such improvements and/or services with
all practicable dispatch, in a sound, economical, and efficient manner, in accordance with this
contract and its attachments and all applicable laws.
Management and Improvement Services Agreement
With FirstService Residential Texas for PID 7(Heritage)
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/13/2016 - Ordinance No. 22403-09-2016, 22404-09-2016
& 22405-09-2016
DATE: Tuesday, September 13, 2016 REFERENCE NO.: BH-350
LOG NAME: 13PBD PID7FY17
SUBJECT:
Conduct a Public Benefit Hearing for Public Improvement District 7, Heritage PID, Approve Fiscal Year
2016-2017 Budget and Five-Year Service Plan in the Amount of$2,082,366.00, Approve Tax Year 2016
Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2016 Tax Year, Adopt Ordinance
Increasing Estimated Receipts and Appropriations in the Fort Worth Public Improvement District 7 -
Heritage Fund in the Amount of$1,982,366.00, Adopt Ordinance Increasing Appropriations in the Fort
Worth Public Improvement District 7 - Heritage Fund in the Amount of$100,000.00, and Reducing
Unaudited, Unassigned Fund Balance by the Same Amount, and Authorize Execution of an Agreement
with FirstService Residential Texas, Inc., in the Amount of$100,872.00 to Manage the District (COUNCIL
DISTRICTS 4 and 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public benefit hearing concerning the proposed special assessments on the property located
in Public Improvement District 7, Heritage Public Improvement District for the 2016 tax year;
2. Approve the attached Fiscal Year 2016-2017 Budget and Five-Year Service Plan for the Heritage
Public Improvement District in the amount of$2,082,366.00;
3. Approve the Tax Year 2016 Assessment Roll for the Heritage Public Improvement District;
4. Adopt the attached ordinance levying special assessments on the property located in the Heritage
Public Improvement District for the 2016 tax year;
5. Adopt the attached ordinance increasing estimated receipts and appropriations in the Fort Worth Public
Improvement District 7 - Heritage Fund in the amount of$1,9821,366.00 from available funds;
6. Adopt the attached ordinance increasing appropriations in the Fort Worth Public Improvement District 7
- Heritage Fund in the amount of $100,000.00, and reducing the unaudited, unassigned fund balance by
the same amount; and
7. Authorize the execution of an Agreement with FirstService Residential Texas, Inc., in the amount of
$100,872.00 to provide management and improvement services for the Heritage Public Improvement
District during Fiscal Year 2016-2017.
DISCUSSION:
On September 26, 2000, (M&C G-13021) the City Council adopted Resolution No. 2675 establishing Fort
Logname: 13PBD PID7FY17 Page 1 of 3
Worth Public Improvement District No. 7 (Heritage PID).
The purpose of this benefit hearing is to receive comments from the public regarding the 2016-2017 Fiscal
Year Budget and Five-Year Service Plan for the PID and the proposed assessments to be levied on each
property in the PID for the 2016 tax year. Following the public hearing, it is recommended that the City
Council approve the Tax Year 2016 Assessment Roll for the PID, approve the attached Budget and Five-
Year Service Plan of the PID, adopt the attached ordinance levying the proposed assessments, and adopt
the attached ordinances increasing estimated receipts and appropriations in the Fort Worth Public
Improvement District 7— Heritage Fund.
On August 30, 2016, (M&C 13PBO PID7FY17 BENEFIT) the City Council conducted a public hearing to
receive comments on the proposed 2016-2017 Fiscal Year Budget and Five-Year Service Plan for the
PID. Notice of this benefit hearing was published in the Fort Worth Star Telegram and mailed to all record
owners of property in the Heritage PID, in accordance with state law.
The improvements and services to be provided in the PID during the 2016-2017 Fiscal Year and the costs
thereof are as follows:
F_ improvements Total Budgeted Costs
Management Fee 100,872.00
Utilities _�� 245,000.00
Landscape/Tree
Maintenance Fs
963,000.00
Common Area Maintenance I$ 240,000.00
Holiday Lighting $ 30,000.00
Security Enhancement $ 125,000.00
Public Events80,000.00
Capital Improvements �[$ 246,781.00
Insurance m $ 13,860.00
Annual Review Is 2,000.00
City Administration Fee Is 35,853.00
Total Expenses Is -- 2,082,366.00
The total budgeted costs of the improvements are in the amount of $2,082,366.00. Of this amount,
$1,792,640.00 will be funded by assessments collected on privately owned parcels located in the district
by applying a rate of $0.21 cents per each $100.00 of property value for residential property and $0.11
cents per each $100.00 of property value for commercial property.
The remainder of the costs in the amount of $189,726.00 will be funded by other revenue sources: an
amount equal to $189,726.00 in direct payments from the City for Payment In-Lieu of Services and an
amount equal to $100,000.00 from unaudited, unassigned fund balance.
The Heritage PID is located in COUNCIL DISTRICTS 4 and 7.
FISCAL INFORMATION /CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and the adoption of
the Fiscal Year 2016-2017 Budget by the City Council, funds will be available in the Fiscal Year 2017
operating budget, as appropriated, of the Fort Worth Public Improvement District 7 - Heritage Fund.
Logname: 13PBD PID7FY17 Page 2 of 3
FUND IDENTIFIERS (FIDS):
TO
Fund Department Accoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
FROM
Fund Department ccoun Project JProgram ctivity Budget Reference # moun
ID ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office bv: Susan Alanis (8180)
Originating Department Head: Lynda Johnson (6222)
Additional Information Contact: David Reitz (7807)
ATTACHMENTS
1. 13PBO PID7FY17 AO.docx (Public)
2. 13PBO PID7FY17 Assess Ord.docx (Public)
3. 13PBO PID7FY17 Fund Bal Ord.docx (Public)
4. PID 7 FID Sheet.xlsx (CFW Internal)
5. PID 7 Five Year Service Plan.pdf (Public)
6. PID 7 Form 1295.pdf (Public)
7. PID-7 Heritage orthos.pdf (Public)
Logname: 13PBD PID7FY17 Page 3 of 3