HomeMy WebLinkAboutContract 49965 z ,
CITY SECRETARY
CONTRACT NO. ll `
MANAGEMENT AND IMPROVEMENT SERVICES AGREEMENT
Fort Worth Public Improvement District No. 11 (Stockyards)
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 STOCKYARDS
PRESERVATION FOUNDATION OF FORT WORTH,INC., a Texas nonprofit corporation,
("Contractor") acting by and through Steve Murrin, Jr., 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 January
28, 2003, the City Council of the City of Fort Worth adopted Resolution No. 2925 creating Fort
Worth Public Improvement District No. 11 (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 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:
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Management and Improvement Services Agreement 'T G
with Stockyards Preservation Foundation of Fort Worth,Inc.for PID I 1 (9fAM#
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 services set
forth in Section 2.
2. IMPROVEMENTS AND 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 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 comply with the following related duties and responsibilities:
(a) Oversee the bidding and awarding of any third parry 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 first 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, including, but not limited to,
maintaining and providing original receipts for services performed under
the Budget and Service Plan;
(f) Comply with all other duties and responsibilities set forth in the guidelines
of the PID Policy;
(g) Coordinate with the Administrator (as hereinafter defined) to receive
advance written approval by the Director of the City's Park and Recreation
Department or his/her designee prior to any authorized construction or
maintenance of capital improvements in any dedicated City park; 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 $16,733.00, 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 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. 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, investigating crimes,
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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 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 Section 3(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 commence October 1, 2017 (the "Effective Date") and, unless
terminated earlier in accordance with this Agreement, expire September 30, 2018 (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. The Contractor shall be responsible for all Internal Revenue Service reporting
and administration requirements associated with paying vendors for services provided
under the Budget and Service Plan.
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(3 0) days' advance written notice to the other parry.
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 IIl,
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
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 or representative of the City, shall be
personally liable for any damages caused by Contractor, its officers, agents, representatives,
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,
representatives, 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,
AGENTS, REPRESENTATIVES, AND EMPLOYEES, FROM AND AGAINST ANY AND
ALL SUITS OR CLAIMS FOR DAMAGES OR INJURIES, INCLUDING, BUT NOT
LIMITED TO, DEATH, TO ANY AND ALL PERSONS OR PROPERTY, WHETHER REAL
OR ASSERTED,ARISING OUT OF OR IN CONNECTION WITHANYACT OR OMISSION
ON THE PART OF THE CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS,
REPRESENTATIVES, 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 AS A
RESULT OF ANY ACT OR OMISSION ON THE PART OF THE CONTRACTOR, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, REPRESENTATIVES, 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, BUT NOT LIMITED TO,
OPERATIONS OF SUBCONTRACTORS.
CONTRACTOR SHALL LIKEWISE INDEMNIFY AND HOLD HARMLESS THE
CITY FOR ANYAND ALL INJURY OR DAMAGE TO CITY PROPERTYARISING OUT OF
OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF CONTRACTOR,
ITS OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS,
SUBCONTRACTORS,LICENSEES OR INVITEES.
Insurance coverage specified herein constitutes the minimum requirements and such
requirements shall in no way lessen or limit the liability of Contractor under the terms of this
Agreement.
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 of process may be had,and must have
authority and power to act on behalf of the insurance company to negotiate and settle with the City,
or any other claimant, any claims that the City,or any other claimant,or any property owner who
has been damaged may have against the Contractor or insurance company. The name of the agent
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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 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 each subcontract. 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.
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18. DEFAULT.
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 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 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 Agreement.
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 deposit in the United States mail,
in a sealed envelope with sufficient postage attached, to the addresses listed below or such other
addresses as may from time to time be provided to the other party:
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City: Contractor:
City of Fort Worth Stockyards Preservation Foundation of
Attn: PID Administrator Fort Worth, Inc.
Financial Management Services Dept. Attn: Steve Murrin,Jr., President
200 Texas Street 500 NE 23rd Street
Fort Worth, Texas 76102-6311 Fort Worth, Texas 76164
Copy to:
City Attorney, at the same address
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 party 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 CHOICE OF LAW.
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 parry, 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.
EXECUTED as of the last date indicated below:
CITY OF FORT WORTH: STOCKYARDS PRESERVATION
FOUNDATION OF FORT WORTH, INC.,
a Texas nonprofit corporation:
By: � By:
Sus Alanis Steve Murrin, Jr.
Stant City Manager President
ATTEST: 'y op
rp ATTEST•
�c
By: O y:
Mary J. er ti�. Name:
City Secre ary, S * Title:
OFFICIAL RECORD
Page 12 CITY SECRETARY
Management and Improvement Services Agreement
with Stockyards Preservation Foundation of Fort Worth,Inc.for PID 1 I (Stockyards) FT.WORTH,TX
r t
� � i
APPROVAL RECOMMENDED:
By:
Aaro*Bjos
Chief Financial Services Officer
APPROVED AS TO FORM AND LEGALITY:
By:
lac
Assistant City tto ey
M&C: BH-368 9-12-2017
Form 1295: 2017-253391
Contract Compliance Manager:
By signing, I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
Title
OFFICIAL IRRECOPM
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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 Stockyards Preservation Foundation of Fort Worth for PID I 1(Stockyards)
Exhibit "A"
City of Fort Worth
Five Year Service Plan
Public Improvement District No. 11 -Stockyards
FY17/18 FY18119 FY19120 FY20/21 FY21122
REVENUES
PID Assessments $83,666 $84,000 $84,000 $90,000 $92,500
PID Generated Revenue 15,000 15,000 15,000 15,000 15,000
Budget Revenues $98,666 $99,000 $99,000 $105,000 $107,500
Use of Fund Balance - - - - -
Total Revenues $98,666 $99,000 $99,000 $105,000 $107,500
EXPENSES
Management Fee 16,733 16,800 16,800 18,000 18,500
Litter Abatement& Maintenance 12,000 15,500 16,000 18,000 18,000
Public Events 17,000 21,000 21,000 21,500 23,000
Insurance 700 950 950 950 950
Website& Other Marketing 38,000 40,000 42,000 43,000 45,000
City Administrative Fee 2,000 2,000 2,000 2,000 2,000
Budget Expenses 86,433 96,250 98,750 103,450 107,450
Contribution to Fund Balance 12,233 2,750 250 1,550 50
Total Revenues $98,666 $99,000 $99,000 $105,000 $107,500
Management and Improvement Services Agreement
with Stockyards Preservation Foundation of Fort Worth for PID 11(Stockyards)
c
Exhibit"B"
Additional Services to be Provided by Contractor
(a) Contractor shall assign one of its employees to manage the District and, unless
otherwise agreed by the City in writing, Contractor agrees that the management of the
District 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 District activities;
(c) Participate in all meetings of the District 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 member of any such entity as to authorized District projects and other
pertinent matters. At the request of the Board president, arrange for guest presenters to
attend meetings;
(d) Establish means of communication for citizen input to report problems and make
suggestions to the District. Coordinate responses to citizen input with the District
advisory body or other entity selected by the City;
(e) Maintain a full and accurate accounting of disbursements for reimbursement from
District revenues, providing the District advisory body or other entity selected by the
City with a monthly accounting statement;
(f) Monitor recurring expenses and perform comparative analysis to identify emerging
trends and real or potential problems. Notify the District advisory body or other entity
selected by the City of trends and unusual or excessive expenses;
(g) Maintain complete set of historical records of all District activity to include District
charter, minutes of meetings, and agreements/contracts with other entities, grant
applications, etc. from the beginning of District to present; and
(h) Work with all District committees to coordinate and handle all details associated with
public events that are sponsored by District.
The Contractor shall commence, carry on, and provide such improvements and/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 Stockyards Preservation Foundation of Fort Worth for PID I I(Stockyards)
CERTIFICATE OF INTERESTED PARTIES FORM 1295
I Of 1
Complete Nos.1-4 and 6 it there are interested parties. OFFICE USE ONLY
Complete Nos.1,2.3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2017-253391
Stockyards Preservation Foundation of Fort Worth,Inc
Fort Worth,TX United States Date Filed.
2 Name of governmental entity or state agency that is a party to the contract for which the form Is 08/23/2017
being filed.
City of Fort Worth Date Ackn rndged:
3 Provide the identification number used by the governmental entity or state agency to track or identity the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
48402
CFW PID#11 Administration
Nature of interest
4 Name of interested Party Ci ty,State Count
ry(place of business) (check applicable)
Controlling I Intermediary
Murrin,Philip Fort Worth,TX United States X
Murrin,Stephen Jr. Fort Worth,TX United States X
Baker, H.B.Hub Fort Worth,TX United States X
Jury,Donald Fort Worth,TX United States X
5 Check only if there is NO Interested Party.
6 AFFIDAVIT 1 swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
KELLEY CHRISTINEate f YD
Texas ----�.
=Po.....e'•. i
Notary public,State of Texas
My Commission Expires ~�---
�'; September 04.2017 V Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE
• i` t t�
Sworn to and subscribed before me,by the said tr �/ this the day of
20� ,to certify which,witness my hand and seal of offic .
up-A- W4 mn Lgq-6
Signature of o er administeri oath Printed name of offi r administ ring oath Title of officer adn'n tering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V'1.0.3337
levied on each property in the Stockyards PID for the 2017 tax year. Following the public hearing, it is
recommended that the City Council approve the 2017 Tax Roll for the Stockyards PID, approve the
attached Budget and Five-Year Service Plan of the Stockyards PID, adopt the attached ordinance levying
the proposed assessments, and adopt the attached ordinance increasing estimated receipts and
appropriations to the Fort Worth Public Improvement District 11 —Stockyards Fund.
On August 29, 2017, Mayor and Council Communication (M&C BH-362) the City Council conducted a
public hearing to receive comments on the proposed 2017-2018 Fiscal Year Budget and Five-Year
Service Plan for the Stockyards PID. Notice of this benefit hearing was published in the Fort Worth Star
Telegram and mailed to all record owners of property in the Stockyards PID, in accordance with state law.
The improvements and services to be provided in the Stockyards PID and the costs thereof are as
follows:
Improvements Total Budgeted Costs
Management Fee $ 161733.00
I"ML
tter Abatement & $ 121000.00
aintenance
Public Events $ 17,000.00
Insurance $ 700.00
Website & Other $ 38,000.00,
Marketing
City Administrative Fee $ 21000.00
Budget Expenses $ 86,433.00
Contribution to Fund $ 121233.00
Balance
Total Expenses $ 98,666.00:
The total budgeted costs of the improvements and services are in the amount of$98,666.00. Of this
amount, $83,666.00 will be funded by assessments collected on privately owned parcels located in the
district by applying a rate of$0.12 cents to each $100.00 of property value for commercial property. The
remainder of the costs in an amount equal to $15,000.00 will be funded by revenues generated from
Stockyards PID activities.
The Stockyards PID is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION /CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and the adoption of
the Fiscal Year 2017-2018 Budget by the City Council, funds will be available in the Fiscal Year 2018
operating budget, as appropriated, of the Fort Worth Public Improvement District 11 - Stockyards Fund.
FUND IDENTIFIERS (FIDs):
TO
Fundbepartmen Account'Projec Program'Activity'Budge Reference
Logname: 03PBD PID I I FYI 8 Page 2 of 3
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/12/2017 -Ordinance Nos. 22870-09-2017& 22871-09-
2017
2870-09-2017& 22871-09-
2017
DATE: Tuesday, September 12, 2017 REFERENCE NO.: BH-368
LOG NAME: 03PBD PID11FY18
SUBJECT:
Conduct Public Benefit Hearing for Public Improvement District 11, Stockyards PID, Approve Fiscal Year
2017-2018 Budget and Five-Year Service Plan in the Amount of$98,666.00, Approve Tax Year 2017
Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2017 Tax Year at a Rate of$0.12
Per Each $100 of Commercial Property Value, Adopt Ordinance Increasing Estimated Receipts and
Appropriations in the Fort Worth Public Improvement District 11 - Stockyards Fund in the Amount of
$98,666.00, and Authorize Execution of an Agreement with Stockyards Preservation Foundation of Fort
Worth, Inc., in the Amount of$16,733.00 to Manage the District (COUNCIL DISTRICT 2)
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 11, Stockyards Public Improvement District for the 2017 tax year;
2. Approve the attached Fiscal Year 2017-2018 Budget and Five-Year Service Plan for the Stockyards
Public Improvement District in the amount of$98,666.00;
3. Approve the Tax Year 2017 Assessment Roll for the Stockyards Public Improvement District, on file
with the City Secretary;
4. Adopt the attached ordinance levying special assessments on the property located in the Stockyards
Public Improvement District for the 2017 tax year at a rate of$0.12 per each $100 of commercial property
value;
5. Adopt the attached ordinance increasing estimated receipts and appropriations in the Fort Worth Public
Improvement District 11 - Stockyards Fund in the amount of$98,666.00, from available funds; and
6. Authorize the execution of an Agreement with Stockyards Preservation Foundation of Fort Worth, Inc.,
in the amount of$16,733.00 to provide management and improvement services for the Stockyards Public
Improvement District during Fiscal Year 2017-2018.
DISCUSSION:
On February 25, 2003, the City Council adopted Resolution No. 2925 establishing Fort Worth Public
Improvement District 11 (Stockyards PID).
The purpose of this benefit hearing is to receive comments from the public regarding the 2017-2018 Fiscal
Year Budget and Five-Year Service Plan for the Stockyards PID and the proposed assessments to be
Logname: 03PBD PIDI 1FY19 Page 1 of 3
ID ID Year #
(Chartfieid
2
FROM
Fund Departmen Accou nt Project Program,Activity,BudgeReference
ID ID Year ! #
(Chartfield
2
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Lynda Johnson (6222)
Additional Information Contact: Terry Hanson (7934)
ATTACHMENTS
1. 03PBD PID11 FY18 AO.docx (Public)
2. 13PBO PID11 FY18 Assess Ord (rev).docx (Public)
3. FY18 PID 11 Form 1295.pdf (Public)
4. PID 11 FID Sheet FINAL.xlsx (CFW Internal)
5. PID 11 Five Year Service Plan for Final 2017-2018.pdf (Public)
6. PID-11 Stockyards orthos.pdf (Public)
Lop-name: 03PBD PID 11 FYI 8 Pape 3 of 3